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UDC Adoption Draft

This document provides an overview and table of contents for Rochester, Minnesota's Unified Development Code. It includes chapters on general provisions, zone districts, use regulations, and definitions. The general provisions chapter establishes the title, purpose, applicability, authority, transition rules, effective date, severability, and clerical errors. It is followed by sections covering zoning districts, use regulations, and definitions to comprise the full Unified Development Code.

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UDC Adoption Draft

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randy

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Chapter 60.100: General Provisions Section 60.100.

030A: General Applicability

Section 60.100.010 Title

temporart
Site
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Unified Development Code

Adoption Draft
Installment 1 StaffJune 2022
Draft
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

Table of Contents
Contents
Chapter 60.100 General Provisions ................................................................................................... 1
Section 60.100.010 Title ..................................................................................................................... 1
Section 60.100.020 Purpose .............................................................................................................. 1
Section 60.100.030 Applicability ........................................................................................................ 1
A. General Applicability .................................................................................................................... 1
B. Compliance Required .................................................................................................................. 2
Section 60.100.040 Authority ............................................................................................................. 2
Section 60.100.050 Transition Rules ................................................................................................. 2
A. Repeal of Land Development Manual ........................................................................................ 2
B. Repeal of Chapter in Rochester Code of Ordinances ................................................................ 2
C. Adoption of Existing Conditions of Approval ............................................................................... 3
D. Prior Development Approvals ...................................................................................................... 3
E. Pending Applications ................................................................................................................... 3
F. Prior Violations ............................................................................................................................. 3
Section 60.100.060 Effective Date ..................................................................................................... 4
Section 60.100.070 Severability ......................................................................................................... 4
Section 60.100.080 Clerical Errors ..................................................................................................... 4
Chapter 60.200 Zone Districts ........................................................................................................... 5
Section 60.200.010 Zoning Districts Established.............................................................................. 5
A. Summary Table of Zoning Districts ............................................................................................. 5
Section 60.200.020 Official Zoning Map ............................................................................................ 6
A. General ......................................................................................................................................... 6
B. Boundary Interpretation .............................................................................................................. 6
Section 60.200.030 Base Districts ..................................................................................................... 8
A. AG - Agricultural ............................................................................................................................ 8
B. R-1 – Mixed Single-Family ........................................................................................................ 10
C. R-2 – Low Density Small Lot..................................................................................................... 12
D. R-2x – Low Density Residential Infill........................................................................................ 14
E. R-3 – Medium Density Residential .......................................................................................... 16
F. R-4 – High Density Residential................................................................................................. 18
G. MX-N – Mixed Use Neighborhood Scale .................................................................................. 20

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

H. MX-S – Mixed Use Street-Oriented........................................................................................... 22

I. MX-C – Mixed Use Center ......................................................................................................... 24
J. MX-G – Mixed Use General ....................................................................................................... 26
K. MX-I – Mixed Use Institutional.................................................................................................. 28
L. MX-T – Transit-Oriented Development..................................................................................... 30
M. MX-D – Mixed Use Downtown .................................................................................................. 35
N. BP – Business Park................................................................................................................... 37
O. LI – Light Industrial ................................................................................................................... 40
P. SI – Special Industrial ............................................................................................................... 42
Q. H - Holding ................................................................................................................................. 44
Section 60.200.040 Overlay Districts .............................................................................................. 45
A. General Applicability ................................................................................................................. 45
B. APO -- Airport Protection Overlay .............................................................................................. 45
C. HPO – Heritage Preservation Overlay ...................................................................................... 45
D. DEO - Decorah Edge Overlay .................................................................................................... 51
E. FPO – Floodplain Overlay.......................................................................................................... 58
F. SDO – Shoreland District Overlay ............................................................................................ 75
Chapter 60.300 Use Regulations .................................................................................................... 85
Section 60.300.010 Introduction ..................................................................................................... 85
A. Organization of the Table ......................................................................................................... 85
B. Allowed Uses Table ................................................................................................................... 85
C. Unlisted Uses and Structures ................................................................................................... 86
D. Relation to Local, State, or Federal Laws ................................................................................ 86
Section 60.300.020 Allowed Uses Table ......................................................................................... 87
Section 60.300.030 Use-Specific Standards .................................................................................. 95
A. Applicability................................................................................................................................ 95
B. Residential Uses ....................................................................................................................... 95
C. Public, Institutional, and Civic Uses ......................................................................................... 99
D. Commercial Uses .................................................................................................................... 102
E. Industrial Uses......................................................................................................................... 114
F. Utility, Communication, and Energy Uses .............................................................................. 118
G. Accessory Uses and Structures .............................................................................................. 126
H. Temporary Permits .................................................................................................................. 136
Chapter 60.400 Development Standards and Incentives ............................................................ 140
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

Section 60.400.010 Introduction and Applicability....................................................................... 140

A. Purpose.................................................................................................................................... 140
B. Applicability.............................................................................................................................. 140
Section 60.400.020 Dimensional Standards ................................................................................ 141
A. Purpose.................................................................................................................................... 141
B. Applicability.............................................................................................................................. 141
C. Multiple Non-Residential Buildings on a Lot ......................................................................... 141
D. Application of Setbacks .......................................................................................................... 141
2) Front Lot Lines on Private Roadways..................................................................................... 143
E. General Dimensional Standards ............................................................................................ 144
F. Neighborhood Protection Standards ..................................................................................... 148
G. Exceptions to the Dimensional Standards ............................................................................ 150
Section 60.400.030 Subdivision Standards.................................................................................. 151
A. Purpose.................................................................................................................................... 151
B. Applicability.............................................................................................................................. 151
C. Subdivision Name ................................................................................................................... 152
D. Vertical Subdivision................................................................................................................. 152
E. Adequate Public Facilities ...................................................................................................... 152
F. Access and Connectivity ......................................................................................................... 157
G. Lot Design Standards ............................................................................................................. 158
H. Roadway and Subdivision Design Standards ........................................................................ 159
I. Boulevard Trees ...................................................................................................................... 159
J. Private Roadways .................................................................................................................... 159
K. Street Classification ................................................................................................................ 160
L. Quadrant Street System ......................................................................................................... 160
M. Parkland Dedication ............................................................................................................... 161
Section 60.400.040 Access and Connectivity ............................................................................... 166
A. Purpose.................................................................................................................................... 166
B. Applicability.............................................................................................................................. 166
C. Subdivision Level Connectivity and Circulation..................................................................... 167
D. Site Level Driveways, Access, and Connectivity .................................................................... 176
Section 60.400.050 Sensitive Lands, Wetlands, Stormwater, and Drainage ............................. 185
A. Purpose.................................................................................................................................... 185
B. Applicability.............................................................................................................................. 185
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

C. Relationship to Other Standards............................................................................................ 186

D. General Requirement for all Sensitive Lands ....................................................................... 186
E. Wetlands .................................................................................................................................. 186
F. Stormwater .............................................................................................................................. 187
G. Erosion Control, Grading, and Stormwater Management .................................................... 187
Section 60.400.060 Landscaping, Bufferyards, and Fences ....................................................... 189
A. Boulevard Trees ...................................................................................................................... 189
B. General Landscaping .............................................................................................................. 192
C. Parking Lot Landscaping ........................................................................................................ 198
D. Bufferyards .............................................................................................................................. 199
E. Fences, Walls, and Hedges .................................................................................................... 202
F. Alternative Equivalent Compliance ........................................................................................ 203
Section 60.400.070 Site and Building Design .............................................................................. 204
A. Purpose.................................................................................................................................... 204
B. Applicability.............................................................................................................................. 204
C. Access and Connectivity ......................................................................................................... 204
D. Parking ..................................................................................................................................... 204
E. Site Design .............................................................................................................................. 204
F. Building Design ....................................................................................................................... 210
Section 60.400.080 Parking, Loading, and Stacking ................................................................... 216
A. Purpose.................................................................................................................................... 216
B. Applicability.............................................................................................................................. 217
C. Compliance with Other City Ordinances ................................................................................ 217
D. Calculation of Parking and Loading Requirements .............................................................. 217
E. Minimum and Maximum Vehicle Parking Required.............................................................. 218
F. Minimum Parking Adjustments .............................................................................................. 222
G. Maximum Parking Adjustments ............................................................................................. 225
H. Visitor Parking ......................................................................................................................... 225
I. Small Car Percentage ............................................................................................................. 226
J. Design and Location of Vehicle Parking ................................................................................ 226
K. Use of Vehicle Parking ............................................................................................................ 232
L. Loading and Stacking Areas ................................................................................................... 233
M. Bicycle Parking ........................................................................................................................ 234
Section 60.400.090 Exterior Storage ............................................................................................ 235
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

A. Purpose.................................................................................................................................... 235
B. Requirements in Agricultural and Residential Districts ........................................................ 235
C. Requirements in Mixed Use and Non-Residential Districts.................................................. 235
Section 60.400.100 Exterior Lighting ............................................................................................ 236
A. Purpose.................................................................................................................................... 236
B. Applicability.............................................................................................................................. 236
C. Lighting for Parking Lots and Garages .................................................................................. 236
D. Method of Measurement ........................................................................................................ 237
E. General Requirements............................................................................................................ 237
F. Luminaire Mounting ................................................................................................................ 238
G. Maximum Permitted Illumination and Height ....................................................................... 238
Section 60.400.110 Signs .............................................................................................................. 239
A. Purpose.................................................................................................................................... 239
B. Applicability.............................................................................................................................. 239
C. Signs Not Requiring a Permit ................................................................................................. 239
D. Signs Requiring a Permit ........................................................................................................ 240
E. Prohibited Signs ...................................................................................................................... 241
F. Sign Standards ........................................................................................................................ 241
G. Billboards ................................................................................................................................. 246
H. Temporary Signs ..................................................................................................................... 248
I. Murals and Other Displays ..................................................................................................... 249
J. Message Substitution ............................................................................................................. 250
K. Sign Measurements ................................................................................................................ 250
Section 60.400.120 Incentives ...................................................................................................... 251
A. Purpose.................................................................................................................................... 251
B. Combination of Bonuses ........................................................................................................ 251
C. Timing of Incentive Application and Decision ....................................................................... 251
D. Summary of Incentives ........................................................................................................... 252
E. Incentive Requirements.......................................................................................................... 255
F. Criteria for Incentives.............................................................................................................. 258
Section 60.400.130 Maintenance and Operation ........................................................................ 259
A. Compliance with Other City, State, and Federal Requirements ........................................... 259
B. Specialized Report .................................................................................................................. 260
C. Point of Measurement ............................................................................................................ 260
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

D. Public Amenities...................................................................................................................... 260

E. Landscaping and Usable Recreation Areas .......................................................................... 260
F. Exterior Storage ....................................................................................................................... 260
G. Signs ........................................................................................................................................ 261
H. Odors........................................................................................................................................ 261
I. Heat.......................................................................................................................................... 261
J. Fire and Explosion Hazards .................................................................................................... 261
K. Glare ........................................................................................................................................ 262
L. Smoke ...................................................................................................................................... 262
M. Particulates ............................................................................................................................. 262
N. Vibration .................................................................................................................................. 262
O. Noise ........................................................................................................................................ 263
Chapter 60.500 Procedures and Administration .......................................................................... 264
Section 60.500.010 Introduction and Summary Table of Procedures ........................................ 264
A. Purpose.................................................................................................................................... 264
B. Summary Table of Review Procedures .................................................................................. 264
Section 60.500.020 Review and Decision-making Bodies........................................................... 267
A. Purpose.................................................................................................................................... 267
B. Community Development Director ......................................................................................... 267
C. Planning Commission ............................................................................................................. 268
D. Heritage Preservation Commission ....................................................................................... 269
E. Zoning Board of Appeals ........................................................................................................ 270
F. City Council .............................................................................................................................. 270
Section 60.500.030 Common Procedures .................................................................................... 271
A. General .................................................................................................................................... 271
B. Pre-Submittal Activities ........................................................................................................... 271
C. Public Hearings ....................................................................................................................... 273
D. Application Submittal and Processing ................................................................................... 277
E. Review and Decision ............................................................................................................... 283
F. Post-Decision Actions and Limitations................................................................................... 289
Section 60.500.040 Major Decisions by City Council ................................................................... 296
A. Comprehensive Plan and/or Land Use Plan Adoption or Amendment................................ 296
B. Growth Management Map Amendment ................................................................................ 299
C. Annexation of Land ................................................................................................................. 302
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

D. UDC Text Amendment ............................................................................................................. 304

E. Rezoning (Official Zoning Map Amendment) ......................................................................... 307
F. Designation or Removal of Landmark Property or Landmark District ................................. 312
G. Major Land Subdivision Permit .............................................................................................. 316
H. Final Plat .................................................................................................................................. 321
I. Official Map Adoption.............................................................................................................. 322
J. Public Street or Easement Vacation ...................................................................................... 324
K. Criteria for Public Street Vacation Approval .......................................................................... 325
L. Distinctive Development......................................................................................................... 326
M. Conditional Use Permit Approved by City Council ....................... Error! Bookmark not defined.
N. Interim Use Permit .................................................................................................................. 330
Section 60.500.050 Decisions That May Require a Hearing by a Designated Authority ........... 332
A. Conditional Use Permit ........................................................................................................... 332
B. Certificate of Appropriateness – Major Alteration ................................................................ 337
C. Shoreland Protection Permit .................................................................................................. 338
Section 60.500.060 Development Approvals by Community Development Director ................. 340
A. Zoning Certificate .................................................................................................................... 340
B. General Development Plan .................................................................................................... 342
C. Site Development Plan ........................................................................................................... 345
D. Certificate of Appropriateness – Minor Alteration ................................................................ 347
E. Rental Housing Certificate...................................................................................................... 349
F. Temporary Permit.................................................................................................................... 350
G. Minor Land Subdivision Permit .............................................................................................. 351
H. Floodplain Development Permit ............................................................................................. 353
I. Grading Permit ........................................................................................................................ 356
J. Lot Line Readjustment............................................................................................................ 358
K. Sign Permit .............................................................................................................................. 359
Section 60.500.070 Flexibility and Relief ...................................................................................... 359
A. Minor Modification .................................................................................................................. 359
B. Major Modification .................................................................................................................. 364
C. Variance ................................................................................................................................... 368
Section 60.500.080 Nonconformities ........................................................................................... 371
A. Purpose.................................................................................................................................... 371
B. General Authority to Continue ................................................................................................ 371
Rochester, Minnesota Unified Development Code
June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

C. Bringing a Nonconformity into Compliance ........................................................................... 371

D. Conditions on Nonconformities .............................................................................................. 371
E. Nonconforming Use ................................................................................................................ 371
F. Nonconforming Structure ....................................................................................................... 374
G. Nonconforming Structure Created by Flood District Regulations ........................................ 375
H. Nonconforming Lot ................................................................................................................. 376
I. Nonconforming Site Feature .................................................................................................. 378
J. Nonconforming Signs.............................................................................................................. 379
Section 60.500.090 Violations, Enforcement, and Penalties ...................................................... 380
A. Responsibility .......................................................................................................................... 380
B. City Policy on Compliance ....................................................................................................... 380
C. Types of Violation .................................................................................................................... 381
D. Notification .............................................................................................................................. 381
E. Investigation of Violations ...................................................................................................... 381
F. Notice of Violation ................................................................................................................... 382
G. Discontinuance of Work ......................................................................................................... 382
H. Enforcement After Expiration of Time Period ........................................................................ 382
I. Penalties .................................................................................................................................. 383
Chapter 60.600 Definitions ........................................................................................................... 384
Section 60.600.010 Rules of Construction ................................................................................... 384
A. Purpose.................................................................................................................................... 384
B. Rules of Construction ............................................................................................................. 384
Section 60.600.020 Rules of Measurement ................................................................................. 384
A. Rounding of Numeral Requirements ..................................................................................... 384
B. Parking Space Calculation...................................................................................................... 385
C. Computation of Time .............................................................................................................. 386
D. Rules of Measurement Separation Requirements ............................................................... 386
Section 60.600.030 Definitions ..................................................................................................... 387

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft
Chapter 60.100: General Provisions Section 60.100.030A: General Applicability
Section 60.100.010 Title

Chapter 60.100 General Provisions

Section 60.100.010 TITLE
The ordinance codified in this UDC shall be known, cited, and referred to as the “Rochester Unified
Development Code” and may also be cited or referred to as the “Unified Development Code,” the
“UDC,” the “Zoning Code,” or the “Subdivision Code.”

Section 60.100.020 PURPOSE

The general purpose of this UDC is to promote the public health, safety, and welfare by providing
appropriate and reasonable controls for the development and use of lands in Rochester, while also
protecting the rights of property owners. This UDC also is intended to:
A. Implement the policies, goals, and strategies adopted by the City of Rochester, including those
set forth in the Rochester Comprehensive Plan and other adopted plans;
B. Establish and apply zoning districts guided by the Rochester Comprehensive Plan that regulate
the location, height, bulk, and size of buildings; provide for a variety of housing types; and reduce
congestion;
C. Safeguard cultural resources and enhance the appearance and quality of development in
Rochester;
D. Facilitate the adequate provision of transportation, schools, parks, and other public
infrastructure requirements;
E. Reduce greenhouse gas emissions and prepare for the impacts of climate change on our
community; and
F. Sensitively fit the built environment into the natural environment with minimal disturbance to
Rochester’s natural ecosystem by requiring planning, design, and development that is
compatible with, preserves, and enhances sensitive natural areas such as steep slopes,
floodplains, watercourses, drainage ways, and ridge lines; and natural topographic features.

Section 60.100.030 APPLICABILITY

A. General Applicability
1) This UDC applies within the municipal limits of the City of Rochester and in any areas outside
the established municipal limits where, through joint legislative agreement with the
appropriate governing body, the UDC shall be put into effect.
2) This UDC applies to all development in the City. No development may be approved if it would
result in a violation of City, County, state, or federal law. No City official or employee may
knowingly issue a development permit or license if such issuance would result in a violation
of City, County, state, or federal law.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 1
Chapter 60.100: General Provisions Section 60.100.030B: Compliance Required
Section 60.100.040 Authority

3) The UDC is not intended to repeal, abrogate, annul, impair, or interfere with any existing
easements, covenants, deed restrictions, agreements, rules, regulations, ordinances, or
permits previously adopted or issued pursuant to law. However, wherever this UDC imposes
greater restrictions, the provisions of this UDC shall govern unless otherwise prohibited by
State or Federal law.
4) Tables and illustrations in this UDC are hereby made a part of this UDC and given the same
force and effect as the text of this UDC.
5) Any appendices to this UDC and any standards or regulations related to this UDC that are
adopted by resolution of the City Council shall be deemed to be part of this UDC and may be
enforced by the City as if they were fully set forth in this UDC.
B. Compliance Required
1) It shall be the responsibility of all property owners, architects, contractors, subcontractors,
builders, and other persons involved in any development, before beginning any development
activity to obtain any necessary permits or certificates and to comply with any conditions of
approval imposed upon those permits or certificates.
2) For all applications filed under the regulations of this UDC, the burden shall be upon the
applicant to provide the necessary information that will show that the proposed development
will comply with the provisions of this UDC.

Section 60.100.040 AUTHORITY

Minn. Stat. Ch. 462, authorizes the municipality to administer planning and zoning activities,
establish a Zoning Board of Appeals, enact official controls, and provide penalties for violations.
Minn. Stat. Ch. 471.193, authorizes cities to establish and carry out heritage preservation programs.
Minn. Stat. Chs. 103, 104, and 105 authorize minimum standards and criteria for the management
of “Shoreland” and “Floodplain” areas within the City of Rochester. Minn. Stat. §87A.08, subd. 1(a)
and MN Rules 7030 authorize standards for the regulation of Indoor Gun Ranges.

Section 60.100.050 TRANSITION RULES

A. Repeal of Land Development Manual
This UDC supersedes all other general and permanent ordinances enacted prior to its enactment
unless specifically stated otherwise in this UDC. The previous Land Development Manual for the
City of Rochester, as was amended and supplemented, is hereby repealed.
B. Repeal of Chapter in Rochester Code of Ordinances
This UDC repeals and replaces in its entirety Chapter 2-9, Planning and Zoning Commission, and
Chapter 4-7, Heritage Preservation, of the Rochester Code of Ordinances.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 2
Chapter 60.100: General Provisions Section 60.100.050C: Adoption of Existing Conditions of Approval
Section 60.100.050 Transition Rules

C. Adoption of Existing Conditions of Approval

This UDC adopts and incorporates by reference the stipulations and conditions from
development plans, use permits, variances, stipulations, and conditions that currently apply to
any parcel prior to the date of adoption of this UDC.
D. Prior Development Approvals
1) Any development approved under regulations in effect prior to the effective date of this UDC
may be carried out under the terms and conditions of the approval and the development
standards in effect at the time of approval, provided the approval has not expired and the
development complies with any applicable standards of this UDC regarding ongoing
operations and maintenance.
2) If the prior approval expires without being established within any required time frame, is
revoked, or otherwise becomes invalid, any subsequent development of the site shall be
subject to the procedures and standards of this UDC.
3) Unless otherwise provided in the initial approval, any proposed amendment to a permit or
other form of approval issued under prior regulations shall be reviewed based on the
development standards in effect at the time of submission of a complete application for the
amendment.
4) Without limiting the generality of Subsections 1, 2, and 3 above, development regulations
approved by Ordinances number 2726, 3669, 4052, and 3534 (which are collectively
referred to as the Medical Campus District) shall remain in effect and shall regulate the
development or redevelopment of those lands to which they apply. When those Ordinances
do not specify the procedure or criteria to amend an approved site or development plan, the
proposed amendment will be reviewed and decided pursuant to Section 60.500.050A.5),
Modifications to Approved Conditional Use Permits.
5) Without limiting the generality of Subsections 1, 2, and 3, Planned Unit Developments
approved by the City before [the effective date of this Code] be governed by the terms of
those approvals until they are amended or replaced, except that amendments to approved
Planned Unit Developments shall be reviewed and decided pursuant to Section
60.500.050A.5), Modifications to Approved Conditional Use Permits.
E. Pending Applications
A development application that has been determined to be complete by the Community
Development Director prior to the effective date of this UDC may be decided under the
regulations in effect when the application was determined to be complete unless the applicant
requests that the application be reviewed and decided under this UDC. Applications shall not be
processed under a combination of prior regulations and this UDC.
F. Prior Violations
If a development or activity in violation of the prior development regulations fully complies with
this UDC, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 3
Chapter 60.100: General Provisions Section 60.100.050F: Prior Violations
Section 60.100.060 Effective Date

enforcement of violations may still be valid and may remain the responsibility of the violator
under the prior regulations, as determined by the Community Development Director.

Section 60.100.060 EFFECTIVE DATE

This UDC shall become effective on [insert effective date of the UDC]. All references in this UDC to
the “effective date of this UDC” or to the “effective date” shall refer to that date unless otherwise
stated.

Section 60.100.070 SEVERABILITY

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this UDC or the
application of it to any person or place is held by a court of competent jurisdiction to be invalid under
Minnesota law, unconstitutional under the Minnesota or United States Constitutions, or inapplicable
in any way to the City, for any reason, such decision shall not affect the validity of the remaining
portions of this UDC or its application to other persons and places. The City Council hereby expressly
declares that it would have adopted this UDC and each section, subsection, subdivision, sentence,
clause, phrase, or portion irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases may be declared invalid or unconstitutional.

Section 60.100.080 CLERICAL ERRORS

The Community Development Director is authorized to correct any clerical error in an ordinance,
resolution, motion, or other action taken by any public body pursuant to the UDC. The Community
Development Director is authorized to correct any clerical error in any document attached to, or
referenced in, any such ordinance, resolution, motion or other action.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 4
Chapter 60.200: Zone Districts
Section 60.200.010 Zoning Districts Established Section 60.200.010A: Summary Table of Zoning Districts

Chapter 60.200 Zone Districts

Section 60.200.010 ZONING DISTRICTS ESTABLISHED
A. Summary Table of Zoning Districts
The zoning districts shown in Table 200.01-1 are hereby established.
Table 200.01-1 Summary Table of Zoning Districts
Prior District Name New District Name
Agricultural and Residential Districts
AG - Agriculture AG -- Agriculture
R-1 -- Mixed Single-Family
R-1 -- Mixed Single-Family
R-Sa -- Mixed Single-Family Overlay
R-1x -- Mixed Single-Family Extra
R-2 -- Low Density Small Lot
R-2 -- Low Density Residential
R-2x -- Low Density Residential Extra R-2x -- Low Density Residential Infill
R-3 -- Medium Density Residential R-3 -- Medium Density Residential
R-4 -- High Density Residential
CDC -- Central Development Core Residential R-4 -- High Density Residential
subdistrict
Mixed Use Districts
B-2 -- Pedestrian Oriented Restricted Commercial
MX-N -- Mixed Use Neighborhood Scale
B-5 -- Residential Commercial
B-1 -- Restricted Commercial MX-S -- Mixed Use Street Oriented
-- MX-C -- Mixed Use Center
B-4 -- General Commercial MX-G -- Mixed Use General
MRD -- Mixed Redevelopment MX-I -- Mixed Use Institutional
TOD – Transit-Oriented Development (Node and MX-T – Transit-Oriented Development (Node,
Corridor subdistricts) Corridor, and Village subdistricts)
CDC -- Central Development Core (Fringe, Business, MX-D -- Mixed Use Downtown (Fringe, Business,
and Medical, subdistricts) and Medical subdistricts)
Non-Residential Districts
M-3 -- Low Intensity Mixed Commercial Industrial BP -- Business Park
M-1 -- Mixed Commercial Industrial LI -- Light Industrial
M-2 -- Industrial SI -- Special Industrial
H -- Holding Zone
H -- Holding Zone
I -- Interim Zone
Overlay Districts

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 5
Chapter 60.200: Zone Districts
Section 60.200.020 Official Zoning Map Section 60.200.020A: General

Rochester International Airport Zoning Ordinance

APO -- Airport Protection Overlay
(freestanding ordinance)
Heritage Preservation Overlay District (Rochester
HPO – Heritage Preservation Overlay
Code Section 4.7)
Shoreland District SDO -- Shoreland District Overlay
Decorah Edge Overlay District (Olmsted County Code
DEO -- Decorah Edge Overlay
Section 9.20)
FF -- Flood Fringe District
FP -- Flood Prone District FPO -- Floodplain Overlay
FW -- Floodway District

Section 60.200.020 OFFICIAL ZONING MAP

A. General
1) Zoning districts established by this UDC are bounded and defined as shown on the Official
Rochester Zoning Map that, together with all explanatory materials contained on that map, is
made a part of this UDC.
2) The Official Zoning Map is the latest version of the map reflecting the boundaries of those
districts established by this UDC that is maintained on the City’s website and reflects all
amendments to the map approved by Council.
3) The Community Development Director shall be responsible for maintaining the Official Zoning
Map so that it reflects all amendments approved by Council and shall ensure that the City
Clerk is able to access that map.
B. Boundary Interpretation
1) The Community Development Director shall use the following rules to determine the precise
location of any zone boundary shown on the Official Zoning Map:
a. Boundaries indicated as approximately following governmental incorporation or
extraterritorial jurisdiction boundaries shall be construed as following those boundaries.
b. Boundaries indicated as following or approximately following the center lines of streets,
highways, or alleys shall be construed to follow those centerlines.
c. Boundaries indicated as approximately following platted lot lines shall be construed as
following those lot lines.
d. Boundaries shown as following or approximately following railroad lines shall be
construed to lie midway between the main tracks of such railroad lines.
e. Boundaries shown as following or approximately following the centerline of streams,
rivers, or other continuously flowing water courses shall be construed as following the
channel centerline of those water courses taken at mean low water, and in the event of a
natural change in the location of such streams, rivers, or other water courses, the zone
boundary shall be construed as moving with the channel centerline.

Rochester, Minnesota Unified Development Code

Table 200.03-4 R-2x Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area 2,000 sq. ft.
Lot Width 35 feet
Building Setbacks (Minimum in feet)
A Front 20
B Interior Side 6
Street Side 10
Minimum Sum of Interior Side Yards 12
C Rear 20
Building/Structure Height (Maximum in feet)
D Primary Structure 45
E Accessory Structure 15 [1]
NOTES
[1] 24 feet for Accessory Dwelling Units.

3) Additional Requirements
a. The maximum length of a multifamily building façade facing any public street shall be
limited to 80 feet.
b. Each façade longer than 50 feet in length facing any public street shall be divided into
modules consistent with Section 60.400.070F, Building Design.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 15
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030E: R-3 – Medium Density Residential

E. R-3 – Medium Density Residential

1) Purpose
The R-3 district is intended to maintain and promote predominantly multifamily residential
dwellings. It is appropriate for medium-density areas or existing low-density areas where
there is a need to encourage higher-density redevelopment. Certain supportive non-
residential uses and civic uses, consistent with the character of the area are permitted.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 16
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030E: R-3 – Medium Density Residential

2) Dimensional Standards

Table 200.03-5 R-3 Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area 3,500 sq. ft.
Lot Width 30 feet
Building Setbacks (Minimum in feet)
A Front 20
B Interior Side 6
Street Side 12.5
Minimum Sum of Interior Side Yards 16
C Rear 25
Building/Structure Height (Maximum in feet)
D Primary Structure 48
Accessory Structure 25

3) Additional District Standards

No commercial use shall have a gross floor area greater than 2,500 square feet, or 50
percent of the gross floor area of the ground floor of a multifamily dwelling building in which
it is located, whichever is greater.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 17
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030F: R-4 – High Density Residential

F. R-4 – High Density Residential

1) Purpose
The R-4 district is intended to maintain and promote multifamily residential dwellings of the
highest intensity along with certain supportive commercial and Non-Residential and civic
uses of similar intensity.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 18
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030F: R-4 – High Density Residential

2) Dimensional Standards

Table 200.03-6 R-4 Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area 6,000 sq. ft.
Lot Width 60 feet
Building Setbacks (Minimum in feet)
A Front 15
B Interior Side 10
Street Side 7.5
Minimum Sum of Interior Side Yards None
C Rear 8
Building/Structure Height (Maximum in feet)
D Primary Structure 60
Accessory Structure 25

3) Additional District Standards

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 19
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030G: MX-N – Mixed Use Neighborhood Scale

G. MX-N – Mixed Use Neighborhood Scale

1) Purpose
The MX-N district is intended to maintain and provide for a mix of low-intensity commercial
and residential uses in areas adjacent to more traditional residential districts. Typically, on
corners near or at the edges of residential districts, the district contributes to the vitality and
health of the community by providing walking, biking, and transit access to neighborhood-
scale commercial areas and supporting pedestrian-friendly uses and design.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 20
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030G: MX-N – Mixed Use Neighborhood Scale

2) Dimensional Standards

Table 200.03-7 MX-N Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum or Maximum, in feet)
A Front None to 15 (maximum)
B Interior Side 5
Street Side 7
Minimum Sum of Interior Side Yards 10
C Rear 5
Building/Structure Height (Maximum in feet)
D Primary Structure 24
Accessory Structure 15 [1]
NOTES
[1] 24 feet for Accessory Dwelling Units.

3) Additional District Standards

a. Maximum Size of Non-Residential Uses
1) No non-residential use shall have a gross floor area greater than 5,000 square feet.
b. Access Requirements for Public, Institutional, and Civic Uses
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 21
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030H: MX-S – Mixed Use Street-Oriented

H. MX-S – Mixed Use Street-Oriented

1) Purpose
The MX-S district is intended to maintain and promote low to mid-intensity commercial uses
that are located along streets near or at the edges of residential zone districts. This district
contributes to the vitality and health of the community by providing walking, biking, and
transit access to local commercial areas and supporting pedestrian-friendly uses and design.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 22
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts 0:

2) Dimensional Standards

Table 200.03-8 MX-S Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum or Maximum, in feet)
A Front None to 15 (maximum)
B Interior Side None
Street Side 7
Minimum Sum of Interior Side Yards None
C Rear None
Building/Structure Height (Maximum in feet)
D Primary Structure 36
Accessory Structure 15 [1]
NOTES
[1] 24 feet for Accessory Dwelling Units.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 23
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030I: MX-C – Mixed Use Center

I. MX-C – Mixed Use Center

1) Purpose
The MX-C district is intended to provide for pedestrian-friendly areas of medium-density
residential development and compatible non-residential uses such as lodging, offices, retail,
civic and community, and accessory uses. Development shall be at a walkable scale that is
compatible with surrounding residential neighborhoods.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 24
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030I: MX-C – Mixed Use Center

2) Dimensional Standards

Table 200.03-9 MX-C Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum in feet)
A Front 15
B Interior Side None
Street Side None
Minimum Sum of Interior Side Yards None
C Rear 7
Building/Structure Height (Maximum in feet)
D Primary Structure 48
Accessory Structure 15 [1]
NOTES
[1] 24 feet for Accessory Dwelling Units.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 25
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030J: MX-G – Mixed Use General

J. MX-G – Mixed Use General

1) Purpose
The MX-G district is intended to provide for areas of concentrated mid- to high-intensity
commercial development, oriented toward either a street frontage or an intersection location
where transit is not available, or service is infrequent. Uses in the district are generally sized
and intended to serve a large number of residents in the entire region or community.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 26
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030J: MX-G – Mixed Use General

2) Dimensional Standards

Table 200.03-10 MX-G Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum in feet)
A Front 15
B Interior Side None
Street Side 7
Minimum Sum of Interior Side Yards None
C Rear None
Building/Structure Height (Maximum in feet)
D Primary Structure 60
Accessory Structure 25

3) Additional District Standards

a. Industrial uses shall not occupy the ground floor street frontage of any building;
b. No more than 50 percent of the gross floor area of any building shall be occupied by
mechanical equipment or machinery engaged in manufacturing, finishing, or assembling
activities (including space occupied by the machine operators); and
c. Retail, wholesale, or office activities that are part of the business operation are permitted
uses in that area of the building occupying the street level frontage.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 27
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030K: MX-I – Mixed Use Institutional

K. MX-I – Mixed Use Institutional

1) Purpose
The MX-I district is intended to accommodate institutional, civic, non-profit, and other
campus types uses involving multiple related buildings such as universities and colleges,
medical centers, resort complexes, and research centers, regardless of public or private
ownership.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 28
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030K: MX-I – Mixed Use Institutional

2) Dimensional Standards

Table 200.03-11 MX-I Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum in feet)
A Front 15
B Interior Side 10
Street Side 7
Minimum Sum of Interior Side Yards None
C Rear 8
Building/Structure Height (Maximum in feet)
D Primary Structure 70
Accessory Structure 25

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 29
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030L: MX-T – Transit-Oriented Development

L. MX-T – Transit-Oriented Development

1) Purpose
The MX-T district is intended to provide opportunities for transit-supportive and transit-
oriented development (TOD). It requires intensities and patterns of development that support
vibrant pedestrian activity, promote the use of transit, and discourage land uses and types of
development that could interfere with transit ridership. The MX-T district has three
subdistricts as described below.
a. Purpose of Corridor Subdistrict
The MX-T Corridor subdistrict is the least intensive of the three subdistricts. It is intended
for areas adjacent to the transit stations and generally extends no more than one-quarter
mile from the station. It includes high intensity businesses and high-density residential
uses. Ground floor commercial uses will occur along most street frontages.
b. Purpose of Node Subdistrict
The MX-T Node subdistrict is the medium-intensity subdistrict. It is intended to create a
transition in building height, development density, and range of uses between the
Corridor subdistrict and the adjacent non-TOD developments and neighborhoods. This
subdistrict contains mixed use development but is primarily characterized by residential
uses.
c. Purpose of Village Subdistrict
The MX-T Village subdistrict is the highest-intensity subdistrict and is intended for areas
that are in close proximity to a City park-and-ride facility. It permits taller and longer
buildings than the other MX-T subdistricts in order to accommodate large parking
garages enclosed by other uses, as well as freestanding residential and supporting
commercial uses.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 30
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030L: MX-T – Transit-Oriented Development

2) Dimensional Standards

Table 200.03-12 MX-T Lot and Building Standards

Subdistricts Corridor Node Village
Lot Dimensions (Minimum)
Lot Area None None None
Lot Width None None None
Building Setbacks (Minimum in feet)
A Front [1] 0 0 0
B Interior Side 5 0 5
Street Side 2 2 2
Minimum Sum of Interior Side 10 0 5
Yards
C Rear 5 0 5
Building/Structure Height and Length (Maximum in feet)
D Primary Structure 60 70 85
Accessory Structure 30 30 30
Building Length 300 300 300
NOTES
[1] A front yard or street side yard equal in width to the front yard required in the adjacent residential zoning districts shall
be provided on any lot abutting a side lot line of the R-1 or R-2 district.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 31
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030L: MX-T – Transit-Oriented Development

3) Additional District Standards

a. Building Placement
At least 65 percent of the first floor of the front façade of each primary building shall be
located not more than 15 feet from each front lot line. In cases where a recorded
easement requires a larger setback, at least 65 percent of the first floor of the front
façade of each primary building shall be located no further than the minimum distance
required by the recorded easement.
b. Building Design
1) Setback areas between a public or private street (excluding alleys) and the
structure shall be occupied with pedestrian oriented space in compliance with
Section 60.400.040D.11)d, Pedestrian Oriented Space.
2) Additional standards on building design can be found in Section 60.400.070, Site
and Building Design.
c. Minimum Building Height
1) In the MX-T Corridor subdistrict, portions of new primary structures located within
100 feet of N. and S. Broadway Ave, 2nd St SW., and 4th St SE shall be a minimum
of 25 feet in height.
2) In the MX-T Node and Village subdistricts, portions of new primary structures
located within 100 feet of N. and S. Broadway Ave, 2nd St SW, and 4th St.
SE/Collegeview Rd. shall be a minimum of 40 feet in height.
d. Building Entrances
1) Each primary structure shall have at least one pedestrian entrance on each façade
facing a public right-of-way. If the lot has frontage on those portions of N. and S.
Broadway, 2nd St SW, 4th St SE/Collegeview Rd. SE, 12th St. SE or 3rd Ave. SE, the
required entrance shall face those streets. If the lot does not have frontage on the
pedestrian entrance shall face the front lot line.
2) If there are multiple ground-floor tenant spaces facing a public right-of-way, each
ground floor tenant space with 25 feet of frontage or more shall have at least one
pedestrian entrance facing that public right-of-way. As an exception to this
standard, a maximum of two abutting ground floor tenants may share a single
pedestrian entrance facing that public right-of-way.
3) Each required pedestrian entrance shall open directly to the outside and have
direct access to the adjacent sidewalk without requiring pedestrians to pass
through a garage, parking lot, or a non-pedestrian area located between the
pedestrian entrance and the street or right-of-way.
e. Windows
1) Each façade of a primary building facing a public right-of-way shall have transparent
windows or other transparent glazed area covering:

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 32
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030L: MX-T – Transit-Oriented Development

(a) 65 percent or more of the ground floor façade area, as measured between three
and eight feet above sidewalk grade; and
(b) 30 percent or more of each floor level of the façade above the ground floor, as
measured between three and eight feet above each floor level.
2) Required ground floor window or glazed areas shall have a visible light
transmittance ratio of 0.6 or higher and shall not include reflective or heavily tinted
windows.
f. Sidewalks, Pedestrian Circulation, and Vehicular Connectivity
1) The internal vehicular, bicycle, and pedestrian circulation systems ("circulation
systems") of each development shall be designed to allow vehicular, bicycle, and
pedestrian cross-access between the circulation systems of the proposed
development and the circulation systems of existing or allowable future
development on adjoining lots. The Director may adjust or waive this requirement if
the Director determines that it is unlikely that the cross-access provisions will be
available on the adjoining lot within a reasonable period of time.
2) Sidewalks shall be provided on both sides of the street, and shall comply with the
following standards:
(a) On property fronting N. or S. Broadway, SW. 2nd. St, or SE. 4th St./Collegeview
Dr. SE, 12th St. SE, or 3rd Ave. SE, sidewalks shall be a minimum of 10 feet in
width, and a planting strip at least five feet in width shall be located between the
sidewalk and the street.
(b) On property fronting any street other those listed in Subsection (a) above,
sidewalks shall be a minimum of seven feet in width, and a planting strip at least
five feet in width shall be located between the sidewalk and the street.
(c) At least one walkway shall be provided from an adjacent sidewalk to each
building entrance.
(d) Where a sidewalk, trail, or other walkway crosses a street, driveway, drive aisle,
or parking lot, the crossing shall be clearly marked with a change in paving
material, color, or height, decorative bollards, or similar elements.
3) Where a lot or development site includes more than one primary structure, an
accessible pedestrian walkway at least five feet in width shall be provided between
at least one accessible pedestrian entrance in each primary structure.
g. Bicycle Parking
Bicycle parking shall be provided as required in Section 60.400.080M, Bicycle Parking.
h. Pedestrian and Site Design Standards
1) All developments in the MX-T District shall comply with Section 60.400.040D.11),
Pedestrian Design and Accessibility.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 33
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030L: MX-T – Transit-Oriented Development

2) Where the standards of the MX-T District are in conflict with the Pedestrian Design
and Accessibility standards, the provisions of this MX-T District shall govern.
i. Consolidation or Subdivision of Existing Lots
No consolidation of two or more existing lots into a parcel of one acre or larger shall be
approved, and no subdivision of existing lots shall be approved, unless the applicant
has submitted a General Development Plan demonstrating that a high level of
pedestrian, bicycle, and motor vehicle connectivity will be maintained through the
consolidated or subdivided parcel or parcels, and the City has approved that plan as
consistent with the goals of the comprehensive plan and with any other approved
connectivity plans for abutting or nearby properties.
j. General Development Plan Required
1) Each property located in a MX-T Node or MX-T Village subdistrict that contains more
than 10 acres of site area (taken individually or with adjacent parcels in common or
related ownership) shall obtain approval of a General Development Plan prior to
approval of a Site Development Plan or issuance of a building permit for
construction of a new primary structure.
2) The General Development Plan required by Subsection I.1 above shall cover either:
(a) All of the property in the MX-T Node or Village, or
(b) All of the property in common or related ownership within the MX-T Node or
Village, or
(c) All of the property in common or related ownership within a portion of the MX-T
Node bounded that is separated from other portions of the MX-T Node or Village
by arterial or collector streets.
3) The General Development Plan required by Subsection I.1 shall designate the
following:
(a) One pedestrian-oriented street or walkway system extending from the nearest
transit stop boundary no further than 300 feet that is located and designed to
provide convenient accessible pedestrian access to the transit stop without
requiring pedestrians to cross or walk along an arterial or collector street.
(b) If a city-designated park and ride is included in the MX-T Node or MX-T Village, the
General Development Plan shall include a street providing automobiles
convenient access to that park and ride from collector or arterial streets within or
adjacent to the MX-T District without crossing the designated pedestrian-oriented
street or walkway system.
k. Neighborhood Protection Standards
Standards on neighborhood protection can be found in Section 60.400.020F,
Neighborhood Protection Standards.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 34
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030M: MX-D – Mixed Use Downtown

M. MX-D – Mixed Use Downtown

1) Purpose
The MX-D district is intended to provide for the highest intensity of commercial, residential,
and institutional development within the City, resulting in a mixture of uses that optimize
public facilities and contribute to a vibrant downtown area. The MX-D district has three
subdistricts as described below:
a. Purpose of Fringe Subdistrict
The MX-D Fringe subdistrict is intended for less intensive commercial and service uses
that are necessary or tend to support and enhance the activities within the Central
Business subdistrict.
b. Purpose of Medical Subdistrict
The MX-D Medical subdistrict is intended to preserve and enhance medical facilities and
major public and quasi-public uses, along with related supporting uses, in the vicinity of
the St. Mary’s Hospital and medical campus.
c. Purpose of Business Subdistrict
The MX-D Business subdistrict is intended to promote the goals of the Downtown
Rochester Master Plan. It is intended for the highest intensity of concentrated and
integrated retail, financial, office, service, and entertainment uses, with an emphasis on
pedestrian amenities.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 35
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030M: MX-D – Mixed Use Downtown

2) Dimensional Standards

Table 200.03-13 MX-D Lot and Building Standards

Subdistricts Fringe Medical Business
Lot Dimensions (Minimum)
A Lot Area None None None
B Lot Width None None None
Building Setbacks (Minimum in feet)
C Front [1] None None None
D Interior Side None None None
Street Side None None None
E Minimum Sum of Interior Side None None None
Yards
F Rear None None None
Building/Structure Height (Maximum in feet)
G Primary Structure 120 240 360
H Accessory Structure 30 30 30
NOTES
[1] A front yard or street side yard equal in width to the front yard required in the adjacent residential zoning districts
shall be provided on any lot abutting a side lot line of the R-1 or R-2 district.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 36
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030N: BP – Business Park

N. BP – Business Park
1) Purpose
The BP district is intended to accommodate business park development with high levels of
landscaping, a general park-level and individual site-level maximum rate of trip generation,
restrictions on outside storage, signs, and lighting, and requirements for connectivity with the
intent that such development will be compatible with and connected to adjacent residential
development.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 37
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030N: BP – Business Park

2) Dimensional Standards

Table 200.03-14 BP Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area 5 acres [1]
Lot Width None
Building Setbacks (Minimum in feet)
A Front 25
B Interior Side None
Street Side 12
Minimum Sum of Interior Side Yards None
C Rear 10 [2]
Building/Structure Height (Maximum in feet)
D Primary Structure None [3]
Accessory Structure None
NOTES
[1] Except for sites that are bounded on all sites by arterial or higher level streets, streams, or other
topographic constraints, existing development, land already included in an approved General Development
Plan, or permanent open space that limits the inclusion of other abutting lands.
[2] Rear setback may be reduced to 0 feet when abutting a railroad.
[3] If within 100 feet of a residential district, then the maximum height shall be 35 feet for all structures.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 38
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030N: BP – Business Park

3) Additional District Standards

a. Light Industrial Uses
Only those light industrial uses that are not required by state or federal regulations to
obtain state or federal level air quality permits are permitted uses in the BP district.
b. Exterior Storage
Exterior storage areas must be screened from view from adjacent streets and residential
areas and shall not be located within 200 feet of an Agricultural and Residential District.
c. Self Service Storage Facilities
No Self Service Storage Facilities shall be located within 200 feet of Agricultural and
Residential District.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 39
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030O: LI – Light Industrial

O. LI – Light Industrial
1) Purpose
The LI district provides an area for a mixture of commercial and industrial uses that do not
generate significant adverse operational or traffic impacts, that are served by major
thoroughfares providing direct access or a local street system with direct access to major
thoroughfares, and with an adequate level of buffering, could be located in reasonable
proximity to residential areas.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 40
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030O: LI – Light Industrial

2) Dimensional Standards

Table 200.03-15 LI Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum in feet)
A Front 25
B Interior Side None
Street Side 12
Minimum Sum of Interior Side Yards None
C Rear 10 [1]
Building/Structure Height (Maximum in feet)
D Primary Structure 40 [1]
E Accessory Structure None [2]
NOTES
[1] Rear Yard may be reduced to 0 feet when abutting a railroad.
[2] If within 100 feet of an Agricultural and Residential District, then 50 feet maximum height for accessory
structures.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 41
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030P: SI – Special Industrial

P. SI – Special Industrial
1) Purpose
The SI district is intended to accommodate uses that are potentially incompatible with other
districts because of the negative impacts they generate in terms of truck traffic, rail-related
activities, late-night operation, or other operational characteristics. It is intended for areas
where different levels of infrastructure and transportation improvements can be provided in
a cost effective and efficient manner that serve the needs of industrial, transportation, and
manufacturing uses.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 42
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030P: SI – Special Industrial

2) Dimensional Standards

Table 200.03-16 SI Lot and Building Standards

Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum in feet)
A Front 25
B Interior Side None
Street Side 12
Minimum Sum of Interior Side Yards None
C Rear None
Building/Structure Height (Maximum in feet)
D Primary Structure 50
Accessory Structure None [1]
NOTES
[1] If within 200 feet of an Agricultural and Residential District, then 50 feet maximum height for accessory
structures.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 43
Chapter 60.200: Zone Districts
Section 60.200.030 Base Districts Section 60.200.030Q: H - Holding

Q. H - Holding
1) Purpose
The H district is intended to provide a temporary zoning classification for certain recently
annexed lands where the determination of the permanent zoning classification has not been
made by the City at the time of annexation. This district provides a period of time after
annexation when permanent development or reuse of land is not permitted and affords the
City the opportunity to establish the appropriate zoning district for the property.
2) Applicability
The Holding Zone district may be established on property if it is determined by the City that
the default designation of R-2 for the annexed property would be inappropriate because of
the designation of the property on the Rochester Future Land Use Map, changing conditions
applicable to the property or the general area that could result in modifications to the
designation of the property on the Rochester Future Land Use Map, or the developed
character of the area and the established land uses on the property suggest that a district
other than R-2 would be more appropriate for the property.
3) Standards
No building or structure shall be erected, enlarged, or moved and no change in the use of
land or existing buildings or structures shall be made for properties in the H district except
for expansions to existing uses in existing buildings.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 44
Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040A: General Applicability

Section 60.200.040 OVERLAY DISTRICTS

A. General Applicability
These overlay districts described in this Section 60.200.040 supplement, but do not replace, the
underlying base zone districts listed in Section 60.200.030, Base Districts. In the case of a
conflict between the provisions of a base zone district and the provisions of an overlay district,
the provisions of the overlay zone shall apply. Where multiple overlay districts apply to a property,
development must comply with all overlay district provisions. In the case of a conflict, the stricter
overlay provision shall apply. On topics where an overlay district is silent, the base zone district
standards and any other applicable UDC requirements apply.
B. APO -- Airport Protection Overlay
1) APO District Regulations
The regulations, requirements, and procedures applicable to the APO – Airport Protection
Overlay district are contained in Airport Zoning Ordinance Number 6, as that Ordinance may
be amended from time to time through procedures described in that Ordinance. That
Ordinance, as amended from time to time, is hereby incorporated into this UDC.
To obtain the most recent Airport Protection Overlay ordinance please contact the Rochester
Community Development Department or review the airport ordinances posted on the
Minnesota Department of Transportation website.
2) APO District Map
The map of the APO district is the Rochester International Airport zoning map referenced in
and resulting from application of the Airport Zoning Ordinance referenced in Subsection 1.
That map, as amended from time to time pursuant to the Airport Zoning Ordinance, is hereby
incorporated into this UDC.
3) Administration
Unless otherwise required by the Airport Zoning Ordinance referenced in Subsection 1, it
shall be the duty of the Community Development Director of the City of Rochester to
administer and enforce the regulations of this Section 60.200.040B within the boundaries of
the city.
C. HPO – Heritage Preservation Overlay
1) Purpose
The HPO district is intended to identify and safeguard properties that have historic value to
the community and to:
a. Encourage the preservation of properties and districts that reflect elements of the City's
cultural, social, economic, political, visual, or architectural history;
b. Enhance the City's appeal and attraction to residents, visitors, and tourists while
promoting its economic viability through the protection and promotion of its unique
character as related to its history and heritage;

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c. Enhance the visual and aesthetic character, diversity, and interest in the City through
attention to historic properties;
d. Foster civic pride in the beauty and notable accomplishments of the past;
e. Promote the preservation and continued use of historic properties for the education and
general welfare of the people of the City; and
f. Promote the environmental benefits of adapting and reusing buildings.
2) Applicability
The HPO district applies to all properties identified as having or likely having historic
significance, including those designated as “landmarks” and those listed on the inventory of
historic properties maintained by the Heritage Preservation Commission.
3) Heritage Preservation Commission
a. The Heritage Preservation Commission (HPC) is hereby established, with membership
and operational requirements as described in Section 60.500.020E.
b. The HPC shall:
1) Provide recommendations and consultation to the City for adoption, amendment,
and administration of the heritage preservation program.
2) Prepare and maintain a comprehensive inventory of all properties within the City by
identifying and evaluating properties for historic significance and possible
designation.
3) Ensure that there is an updated list of all designated historic resources and
properties (landmarks) in the HPO.
4) Recommend the allocation of such subsidies, tax abatements, grants, revolving
loan funds, and other funds that may be provided by the City pursuant to the
heritage preservation program.
5) Review proposed development and alterations for submitted permits and requests
for Certificates of Appropriateness, involving designated properties.
6) Provide educational opportunities for heritage preservation, act in an advisory
capacity to its citizens, and reflect the history of the many groups that make up the
City's rich heritage;
7) Develop and maintain publicly available historic data, including surveys,
investigations, historic context studies and other known publications, articles,
books, pamphlets, policies, or other materials having a direct bearing on the
heritage preservation program.
4) Identification and Inventory of Properties
a. The Heritage Preservation Commission shall conduct, cause to be conducted, or accept
submittals of surveys, studies, or investigations of property located within the City that
have the potential to be designated landmark property.

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b. The Heritage Preservation Commission may compile and maintain a list of historic
resources and properties that have not yet been fully evaluated and determined to meet
the criteria for landmark designation, but historic data preliminarily supports designation.
This list shall be known as the Historic Property Inventory.
c. The Historic Property Inventory is intended to identify buildings, structures, sites, objects,
landscapes and/or districts located in the City that meet the evaluation criteria in Section
60.200.040C.5) below. The location of a property listed on the Historic Property
Inventory shall be designated in the HPO district.
d. The Heritage Preservation Commission may place a property on the Historic Property
Inventory when a phase I survey documenting how the property meets one or more of the
criteria of Section 60.200.040C5 to support future landmark designation is completed.
1) The HPC’s decision to place a property on the inventory may be appealed to the City
Council pursuant to Section 60.500.030F.
2) The inventory of historic properties shall be established and maintained for public
review by the Community Development Department.
e. Placement on the Historic Property Inventory provides protection from demolition. If a
Demolition Permit application is submitted for a property on the Historic Property
Inventory, the City shall:
1) For complete demolition, the property shall be evaluated for possible landmark
designation pursuant to Section 60.500.040F, Designation or Removal of
Landmark Property or Landmark District. If landmark designation is recommended,
the City Council shall determine whether designation will occur and if so, the
Demolition Permit shall not be approved. The applicant may, upon submittal of the
demolition permit application, or at the time of HPC recommendation to the City
Council for landmark designation, submit materials 60.500.040F.4.b,
2) For partial demolition or alterations where proposed projects impact on the
character defining features of the property, only such alterations which will not
destroy the historic integrity of the property, will be approved. Such permit reviews
shall be pursuant to Section 60.500.060D
5) Evaluation Criteria for Landmark Designation
a. Landmark Property
Historic properties under consideration for landmark designation must have maintained
historic integrity, based on location, design, setting, materials, workmanship, feeling, and
association. Additionally, such properties shall meet at least one of the following criteria:
1) Its character, interest, or value as part of the development, heritage, or cultural
characteristics of the city, state, or United States;
2) Its location as a place of a significant historic event;
3) Its location within and contribution as an element of an existing or possible future
landmark district.

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4) Its identification with a person who significantly contributed to the culture and
development of the city;
5) Its embodiment of distinguishing characteristics of an architectural style, period,
form, or treatment;
6) Its identification as the work of an architect or master builder whose individual
efforts have influenced the development of the city or have contributed to the
development of a nationally- or internationally-recognized style or movement;
7) Its embodiment of elements of architectural design, detail, material, or
craftsmanship that represent a significant architectural innovation; or
8) Its location, scale, or other physical characteristics representing an established and
familiar visual feature or a neighborhood, a district, the community, or the city.
b. Landmark District
For a landmark district designation, in addition to meeting one or more of the criteria in
Subsection a above, the majority of the contributing properties in the district must also
be located in a geographically-definable area that possess a concentration of identified
historically significant resources. These must be united or linked by their
interrelationship, by plan or physical development, aesthetically or through past events.
6) Designation of Landmark Properties
A property may be designated as a landmark, as described in Section 60.500.040FE,
Designation or Removal of Landmark Property or Landmark District when the property meets
the criteria in Subsection 5 above.
7) Removal of Landmark Designation
A property owner may request removal of landmark designation, as described in Section
60.500.040F, Designation or Removal of Landmark Property or Landmark District, when a
landmark property no longer meets the criteria on which the designation was based.
8) Standards of Treatment for Designated Landmark Properties
a. All property owners shall maintain designated properties to prevent deterioration and
decay of the property.
b. Alterations to the exterior of any designated landmark or to any property within a
landmark district that requires a permit or approval under this UDC, or that requires a
building permit, or that are paid for in whole or in part by City funds, shall comply with the
following standards:
1) A Certificate of Appropriateness – Major Alteration pursuant to Section
60.500.050B, or a Certificate of Appropriateness -- Minor Alteration pursuant to
Section 60.500.060D is required for all actions affecting a landmark property or
contributing property in a landmark district, unless exempted pursuant to Section
60.500.060D.2)b.

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2) Emergency repairs to a landmark property or contributing property in a landmark

district are permitted pursuant to Section 60.500.060D.2)b.6).
c. Character Defining Elements
Character defining elements of designated landmark, including those that may not be
original but have acquired significance by virtue of age or craftsmanship, shall be
restored, maintained, and/or preserved.
d. Secretary of Interior Standards
The Secretary of Interior Standards for the Treatment of Historic Properties shall be used
to determine appropriate treatment for all designated landmarks. Treatment options
include Preservation, Rehabilitation, Restoration, or Reconstruction. The approach used
depends on the property's historical significance, physical condition, proposed use,
and mandated code requirements. In each case, the standards will be applied taking into
consideration the economic and technical feasibility of each project.
e. Rochester Heritage Preservation Design Guidelines
Local design guidelines adopted by the Heritage Preservation Commission for the
treatment of historic properties will provide further guidance in the determination of
appropriate treatment to designated landmarks.
9) Demolition of Designated Structures
No Demolition Permit for a designated landmark or a contributing property to a landmark
district shall be approved before the City Council removes the landmark designation as
described in Section 60.500.040F, Designation or Removal of Landmark Property or
Landmark District.
10) Incentives for Preservation, Rehabilitation, Restoration, or Reconstruction
a. Designated properties are eligible for and have priority to participate in City incentive
programs related to financial, development, or technical assistance that will serve to
preserve, maintain, rehabilitate, re-use or enhance their historic and architectural
character.
b. Through grants or other sources of funding, the City may provide a historic marker of a
standard design for any owner of a landmark property or property within a landmark
district who has requested in writing a marker to install on their building. The City may
also develop a marker or signage program to recognize designated landmark districts.
c. The City may authorize funding sources to create a financial incentive program for
purposes of encouraging owners of a designated property or contributing property within
a landmark district to preserve their property for purposes of heritage preservation. The
Heritage Preservation Commission shall advise City Council on organization and
administration for any local finance program.
d. The assigned City personnel will provide guidance and assistance in applications for
state and federal historic tax credit programs.

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Section 60.200.040 Overlay Districts Section 60.200.040D: DEO - Decorah Edge Overlay

D. DEO - Decorah Edge Overlay

1) Purpose
The purpose of the DEO district is to implement the Wetland Conservation Act of 1991 (Minn.
Laws 1991 chapter 354), as may have been amended from time to time ("WCA"), and the
accompanying rules of the Board Of Water And Soil Resources (Minn. R. Ch. 8420, as
amended), and to protect the biological diversity and water quality and water quantity
benefits of wetlands and related features particularly in areas of the City with significant
groundwater discharge, interflow, and recharge characteristics.
2) Applicability
a. This Section 60.200.040D regulates impacts to or hydrologic alteration of wetlands or
parts of wetlands and Edge Support Areas within the City.
b. In the event that an inconsistency exists between the provisions of state law, the rules of
the Board of Water and Soil Resources, and this section, the provision that provides the
most wetland protection shall apply.
c. Except as provided in Minn. R. Ch. 8420, wetlands within the City must not be impacted
unless replaced by restoring, enhancing, or replacing wetland areas of at least equal
public value.
d. The Community Development Director shall rely on the most current published soil
survey, unless supplemented by a first order soil survey, National Wetlands Inventory,
and other relevant data sources, and by on-site investigation, as a guide to identifying
areas to be investigated for wetlands and Edge Support Areas.
3) Incorporation of the Wetland Conservation Act
The DEO district incorporates by reference the WCA and Minn. R. Ch. 8420. Except as
provided in this Section, terms used in this Section, that are defined in the Act or the Rules,
have the meanings given there.
4) Map
a. Generally
1) The Community Development Director shall maintain current maps showing the
approximate location and extent of the DEO district and update them as more
reliable information becomes available.
2) Where detailed site investigation identifies more accurate information as to the
location and extent of the Decorah, Platteville, or Glenwood formations and areas
of associated groundwater movements in adjacent portions of the Cummingsville
and St. Peter formations, the detailed site information shall apply.
b. Decorah Edge Map
Decorah Edge maps include those areas of the City within the boundary of the Decorah
Edge, as defined in this UDC.

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c. Bedrock Geology Map

1) The bedrock geology map includes an adjacent area determined based on half the
distance of the reported accuracy of the source map.
2) The bedrock geology map, the reported accuracy is 100 meters or 330 feet,
resulting in an added dimension of 50 meters or 165 feet.
3) The dimension of the adjacent area shall reflect the accuracy of the source maps
and is not intended as a buffer area.
5) Local Government Unit
The City Council shall be the local government unit for the purposes of the Wetland
Conservation Act and Minn. R. Ch. 8420.
6) Technical Evaluation Panel
a. A technical evaluation panel is hereby recognized and authorized to participate in
wetland determinations as identified in Minn. R. pt. 8420.0240.
b. A representative appointed by the Community Development Director who is a technical
professional with expertise in water resources management is hereby appointed to the
technical evaluation panel to participate with the appointed persons from the Board of
Water and Soil Resources and from the Soil and Water Conservation District within the
county.
c. For projects affecting public waters, public waters wetlands, or wetlands within the
shoreland protection zone, the panel also includes a technical professional employee of
the Department of Natural Resources.
7) High Priority Areas
The City is designated a high priority area under Minnesota Rules. Decisions regarding
sequencing, replacement plans, and banking shall particularly favor preservation,
restoration, and creation of wetlands in high priority areas as identified in water
management plans pursuant to Minn. R. pt. 8420.0835. Calcareous fens and wetlands, both
natural and restored, located in Edge Support Areas are high priority areas.
8) Special Protection Areas
a. Except as exempted in this Section, Groundwater Supported Slope Wetlands and Edge
Support Areas must not be impacted or altered hydrologically, wholly or partially.
b. Development activities must be carried out in such a way as to maintain groundwater
flow to or from a wetland, and to protect the quality, functions, and values of the wetland
as determined by the latest functional assessment method acceptable to the state board
of water and soil resources.
c. Special Protection Area Exemptions
1) Special protection area requirements shall not apply if the process described in
Section 60.200.040D.12), Sequencing and Replacement Plan Decision is followed
with the resulting determination that there exists one of the following findings:

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(a) The development activity involves the construction of local collectors or higher
order streets, where the City Council has found in its approval of a General
Development Plan that:
(i) The traffic service standards cannot be met without providing for the street in
question;
(ii) The street in question is designated as a primary collector or higher order
street, or the area served is designated as in need of a local collector in the
ROCOG Long Range Transportation Plan;
(iii) The proposed alignment causes the least disruption to groundwater
discharge interflow and recharge characteristics in comparison with suitable
and practical alternative alignments;
(b) The development activity involves the modification, realignment, or other
improvement of an existing public road by a Road Authority;
(c) The development activity involves the construction of other infrastructure of a
regional nature, such as regional trails, major power lines, regional stormwater
ponds, water mains, or sewer interceptors, where the City Council has
determined that the proposed alignment causes the least disruption to
groundwater discharge, interflow, and recharge characteristics in comparison
with suitable and practical alternative alignments;
(d) The development activity involves the construction of park facilities in General
Development Plans or subdivisions approved prior to October 1, 2006;
(e) The development activity involves the construction of a new road in a
development that is needed to provide secondary access to a residential area
that would otherwise result in more than 50 homes relying on a single access,
where the City Council has determined that the platted alignment causes the
least disruption to groundwater discharge, interflow, and recharge
characteristics, in comparison with suitable and practical alternative alignments
and where the requirement for secondary access has not been waived; or
(f) The development activity involves the alteration of Groundwater Supported Slope
Wetlands In conjunction with restoration or enhancement projects that are in
accordance with Section 60.200.040D.12), Sequencing and Replacement Plan
Decision. Enhanced or restored Groundwater Supported Slope Wetlands must be
of at least equal function and value as determined by the latest functional
assessment method acceptable to the state board of water and soil resources
located in the same geologic setting (fill or bedrock-dominated), and in the same
minor watershed.
2) All areas of buildable lots identified either in plats or General Development Plans
(excluding outlots) shall be exempt from the special protection provided to Edge
Support Areas if:
(a) The lot is part of a final plat approved prior to October 1, 2006.

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3) All areas of buildable lots shall be exempt from the special protection provided to
Groundwater Supported Slope Wetlands if the lot is included in a development for
which a replacement plan has been approved prior to October 1, 2006, addressing
the Groundwater Supported Slope Wetland.
9) Exemptions
a. Application
1) A landowner may apply for an exemption from the provisions of the WCA and this
DEO district if the property to be impacted or hydrologically altered meets the
wetland exemption criteria contained in Minn. R. pt. 8420.0420. Any Edge Support
Area associated with an exempted Groundwater Supported Slope Wetland shall
also be exempted.
2) A landowner intending to impact or hydrologically alter a wetland without
replacement, claiming exemption, shall apply to the Community Development
Director before beginning excavation, draining, or filling activities for determination
whether or not the activity is exempt.
b. Decision
1) Exemption decisions under Minn. R. pt. 8420.0420 shall be made by the
Community Development Director.
2) The Community Development Director may seek the advice of the technical
evaluation panel as specified in Minn. R. pt. 8420.0240(C). If the Community
Development Director does not agree with the panel’s findings and
recommendations, the detailed reasons for the disagreement must be part of the
decision record.
c. Appeal
1) The Community Development Director’s decision is final unless appealed to the City
Council within 30 days after written notice of the Community Development
Director's determination is mailed to the applicant. Following an appeal, the City
Council must hold a public hearing and make a ruling within thirty (30) days of the
filing of the appeal.
2) An exemption notice of decision shall be provided to the landowner within 15 days
of the Community Development Director's or City Council's determination that the
activity qualifies for exemption.
3) The authority granted by the notice of decision shall be stayed during the time an
appeal is pending before the state board of water and soil resources.
10) Exceptions
Requests for exceptions to provisions of this Section related to Edge Support Areas (where
the applicant contends that the Section should not be applied to the property in question, in
whole or in part) shall be heard by the City Council at the time of General Development Plan

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review, or at the time of wetland delineation if a General Development Plan is not required.
Applicants may seek exceptions to restrictions on disturbance of Edge Support Areas on the
basis of public safety concerns, other overriding public interest, unreasonable hardship, or
constraints that deny a reasonable use of the property.
11) No Loss Decision
a. Application
A landowner unsure if proposed work will result in a loss of wetlands may apply for a no-
loss decision as specified in Minn. R. pt. 8420.0315.
b. Decision
1) No-loss decisions, under Minn. R. pts. 8420.0410 and 8420.0415, shall be made
by the Community Development Director.
2) The Community Development Director may seek the advice of the technical
evaluation panel on questions of wetland delineation and type. If the Community
Development Director does not agree with the panel’s findings and
recommendations, the detailed reasons for the disagreement must be part of the
decision record.
c. Appeal
1) The Community Development Director’s decision is final unless appealed to the City
Council within 30 days after written notice of the Community Development
Director's decision is sent to those required to receive notice of the decision.
Following an appeal, the City Council must hold a public hearing and make a ruling
within thirty (30) days of the filing of the appeal.
2) A notice of decision shall be provided to the landowner within 15 days of the
Community Development Director’s or City Council’s determination.
3) The landowner applying for a no-loss decision is responsible for submitting the
proof necessary to show qualification for this determination. The authority granted
by the decision shall be stayed during the time an appeal is pending before the
state Board of Water and Soil Resources.
12) Sequencing and Replacement Plan Decision
a. A landowner intending to impact a wetland who does not qualify for an exemption or no-
loss decision shall obtain approval of a replacement plan from the City Council. An
applicant may either submit the information required for sequencing analysis as part of a
replacement plan application or apply separately for a preliminary sequencing decision
from the local government unit before preparing a complete replacement plan.
b. The sequencing decision, where submitted separately from the replacement plan under
Minn. R. pt. 8420.0325 and sequencing flexibility under Minn. R. pt. 8420.0520, subpt.
7a, shall be made by the Community Development Director. Replacement plans intended
to mitigate wetland impacts within the City must involve the creation or restoration of
wetlands located within the county.

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c. Replacement Plans
1) No person may impact a wetland, wholly or partially, without being eligible for an
exemption or no-loss, or first receiving approval of a wetland replacement plan as
specified in Minn. R. pt. 8420.0500.
2) A landowner proposing a wetland impact that requires replacement must apply to
the City and receive approval of a replacement plan before impacting the wetland.
d. Sequencing and replacement plan decisions under Minn. R. pts. 8420.0325,
8420.0330, and 8420.0500—8420.0544 and decisions regarding exceptions under
Section 60.200.040D.10) Exceptions shall be made pursuant to the following
procedures:
1) Application for wetland replacement plans must be submitted to the Community
Development Director. The contents of the plan shall comply with Minn. R. pt.
8420.0330.
2) The Community Development Director must determine that an application is
complete based on Minn. R. pts. 8420.0305—8420.0330.
3) The Community Development Director shall, within 15 days of a complete
application, transmit a copy of the application and notice of application to members
of the technical evaluation panel, the Commissioner, and members of the public
who have requested a copy.
4) The Community Development Director may seek the advice of the technical
evaluation panel as specified in Minn. R. pt. 8420.0240(C).
5) The Community Development Director shall schedule a public hearing and review
before the City Council to consider the application. Prior to City Council review, the
Community Development Director shall prepare a report recommending approval,
approval with conditions, or disapproval of the proposed replacement plan.
6) The City Council shall hold a public hearing and act upon the application in
conformance with Minn. Stats. 15.99. The City Council may approve, approve with
conditions, or disapprove the replacement plan application.
7) The City Council must base its decisions on the replacement standards in Minn. R.
pts. 8420.0500—8420.0544, and on the recommendation of the technical
evaluation panel as specified in Minn. R. pt. 8420.0240. The City Council must
consider comments received from those required to receive notice. If the technical
evaluation panel was consulted and the City Council does not agree with the
panel’s findings and recommendation, the detailed reasons for the disagreement
must be part of the decision record.
8) All parties shall be notified of the Council’s decision within 10 business days. The
mailing to the applicant must include information on the process and time period to
appeal the decision of the City Council.

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13) Monitoring
Monitoring of replacement wetlands is the responsibility of the landowner of the property
where the replacement wetland is located. The Community Development Director shall
ensure that the replacement plan monitoring and enforcement requirements of Minn. R. pt.
8420.0810 shall be fulfilled. The technical evaluation panel must review replacement
wetland monitoring reports as provided in Minn. R. pts. 8420.0800—8420.0820.
14) Wetland Monitoring
a. Wetlands may be restored or created within the City for purposes of deposit in the
wetland bank in accordance with Minn. R. pts. 8420.0700—8420.0755. The Community
Development Director is responsible for approving bank plans, certifying deposits, and
the monitoring of banked wetlands and enforcement under the Minnesota Rules.
b. Only wetland credits from wetland banks within the county may be used for wetland
replacement when wetland within the City is impacted.
15) Fees
The City Council shall, by resolution, adopt a schedule of fees applicable to wetland
delineation applications, no-loss applications, exemption applications, sequencing
applications, replacement plan applications, banking plan applications, and monitoring
reports submittals. The amount of the fees shall not exceed the reasonable value of the
functions undertaken by the City.
16) Appeals
a. Decisions made under this Section by the Community Development Director may be
appealed to the City Council. An appeal must be filed within 10 days after the date that
the decision is sent to those required to receive notice of the decision. Except for
decisions related to Edge Support Areas, decisions of the City Council may be appealed
to the state Board of Water and Soil Resources under Minn. R. pt. 8420.0905 after final
determination by the City Council.
b. A landowner or responsible party may appeal the terms and conditions of a restoration or
replacement order issued according to Minn. R. pt. 8420.0905 to the state Board of
Water and Soil Resources executive director within 30 days of receipt of the order.
17) Delegation
The City may, by joint powers agreement, delegate to the Soil and Water Conservation District
under Minn. Stats. §§471.59 and 103C.331, Subd. 19, the authority to administer all or any
part of this Section.

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Section 60.200.040 Overlay Districts Section 60.200.040E: FPO – Floodplain Overlay

E. FPO – Floodplain Overlay

1) Purpose
a. The purpose of the FPO district is to guide development in the flood hazard areas of
Rochester consistent with the flood threat, to minimize loss of life and property,
disruption of commerce and governmental services, extraordinary public expenditure for
public protection and relief, impairment of the tax base and interruption of transportation
and communication, all of which adversely affect the public health, safety and general
welfare.
b. The regulations are also intended to preserve the natural characteristics and functions of
watercourses and floodplains to moderate flood and stormwater impacts, improve water
quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits, and enhance community and economic
development.
c. The FPO district regulations are adopted to comply with the authorization and policies
contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 –
6120.6200 and the rules and regulations of the National Flood Insurance Program
codified as 44 C.F.R. pts. 59 -78, as amended, to maintain the community’s eligibility in
the National Flood Insurance Program.
d. Floodway Subdistrict Purpose
The purpose of the Floodway subdistrict is to ensure that adequate space is retained
within the channel and adjoining floodplain to carry and discharge the regional flood, and
to restrict or prohibit uses that are dangerous to health or safety, or result in economic
loss, in times of flood.
e. Flood Fringe Subdistrict Purpose
The purpose of the Flood Fringe subdistrict is to ensure that uses and structures within
the subdistrict are properly flood protected, consistent with accepted principles and
standards for flood protection, resulting in developments that will suffer minimal damage
from flooding and will have a minimal effect on the ability of the floodplain to discharge
flood waters.
f. Flood Prone Subdistrict Purpose
The purpose of the Flood Prone subdistrict is to guide development in generally
undeveloped areas of the floodplain in such a manner so as to reduce the loss of flood
storage volume in the floodplain, and to avoid increases in downstream flood levels and
in the velocity of flood waters.
2) Floodplain Development Permit Required
Those activities listed in Section 60.500.060HG Floodplain Development Permit must obtain
a permit pursuant to that Section before beginning any activity, development, or change to
land or uses of property in the FPO districts.

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3) Designation
a. General Requirements
1) Each individual flood subdistrict represents a set of regulations superimposed upon
the existing zoning districts, superseding existing underlying regulations only to the
extent that developments must meet the additional standards of the FPO district as
well as those of the underlying district in order to be in compliance with this UDC.
2) The Floodway (FW), Flood Fringe (FF), and Flood Prone (FP) subdistricts are
identified upon the zoning map, and reference to the status of any property located
in one of the flood related districts is made by the district symbol (FW, FF, or FP)
being post fixed to a use district symbol (examples R-l/FF, B- 4/FW, M-2/FP).
Section 60.500.040E.2)d addresses zoning designation of property in the FW or FF
annexed to the city.
3) To aid in the identification and designation of properties in the flood related
districts, certain materials are attached and hereby adopted by reference and
declared to be part of this UDC including the Flood Insurance Study for Olmsted
County, Minnesota, and Incorporated Areas, and the Flood Insurance Rate Map for
Olmsted County and Incorporated Areas, all dated April 19, 2017 and prepared by
the Federal Emergency Management Agency, including the following panels:
27109C0141F, 27109C0142F, 27109C0143E, 27109C0144F, 27109C0153F,
27109C0154F, 27109C0155E, 27109C0158E, 27109C0161F, 27109C0162F,
27109C0163F, 27109C0164F, 27109C0166F, 27109C0168F, 27109C0169E,
27109C0282F, 27109C0301F, 27109C0302F, 27109C0303E, 27109C0304E,
27109C0306F, 27109C0307E, and 27109C0313E. Preliminary panels
27109C0282G and 27109C0295E, dated May 29, 2020, are also hereby adopted
as best available data.

b. Designation of the Floodway Subdistrict

1) The Floodway subdistrict standards shall apply to all lands designated as floodway
on the Flood Insurance Rate Map adopted in Section 60.200.040E.2, Floodplain
Development Permit Required.
2) The Floodway subdistrict also includes those areas designated as Zone A (that do
not have a floodway designation) on the Flood Insurance Rate Map.
3) For lakes, wetlands, and other basins, the Floodway subdistrict includes those
areas that are at or below the ordinary high-water level as defined in Minn. Stat.
§103G.005, Subd. 14.
c. Designation of the Flood Fringe Subdistrict
1) The Flood Fringe subdistrict includes those areas within Zone AE and designated as
flood fringe, or within Zone AO on the Flood Insurance Rate Map adopted in this
Section and were within the corporate boundaries of the City prior to November 3,

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1980. This district also includes any additional area encompassed by the
horizontal extension of the Regulatory Flood Protection Elevation, as
specified in Section 60.200.040.E.7.b.
2) For lakes, wetlands, and other basins (that do not have a floodway designated), the
Flood Fringe subdistrict includes those areas designated as Zone A or AE on the
Flood Insurance Rate Map panels adopted in this Section that are below the 1
percent annual chance (100-year) flood elevation but above the Ordinary High
Water Level as defined in Minn. Stat., §103G.005, Subd. 14.
d. Designation of the Flood Prone Subdistrict
The Flood Prone subdistrict includes those areas designated as floodway fringe on the
Flood Insurance Rate Map adopted in this Section, as being within Zone AE but being
located outside of the floodway, and were annexed on or after November 3, 1980.
4) Warning and Disclaimer of Liability
a. The degree of flood protection intended to be provided by the UDC is considered
reasonable for regulatory purposes and is based on engineering and other specific
methods of study.
b. Large floods may occur, or the flood height may be increased by man-made or natural
causes, such as ice jams or bridge openings restricted by debris.
c. The UDC does not imply that areas outside of designated floodplain districts or land uses
permitted within such districts will always be totally free from flooding or flood damages.
Nor shall the UDC create a liability on the part of or be a cause of action against the City
or any employee thereof for any flooding or flood damages that may result from reliance
on the UDC.
5) Reclamation
Nothing herein shall be so construed as to prohibit the lawful rehabilitation or reclamation of
any lands outside of the floodway, provided that no filling, draining, construction of levees, or
other improvements intended to eliminate or reduce the danger of the flood or erosion shall
be commenced until first reviewed and authorized by the Community Development Director
and the Commissioner, and, if revisions to floodplain maps or designations are proposed, by
the Federal Emergency Management Agency.
6) Right of Passage
No person may obstruct the passage of water and watercraft nor restrict the lawfully
permitted use by the public of the bed, banks, water, and floodway of any stream within the
City.
7) Floodplain Limits
a. Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions including the natural or pre-existing grades, the map
flood elevations shall be the governing factor in locating the regulatory floodplain
limits.

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b. The regulatory limits of the district boundaries shall be further extended outward
based on the horizontal extension of the Regulatory Flood Protection Elevation (RFPE)
(below).

8) Designation of Floodway in A Zones

In A zones, the floodway may be delineated using the following procedures. Areas identified
through these procedures as flood fringe may then be reclassified as Flood Fringe subdistrict
and will then be subject to the requirements of the Flood Fringe subdistrict. The area
determined to be Floodway shall be subject to the requirements of the Floodway subdistrict.
a. Upon receipt of an application for a permit or other approval, the Community
Development Director must obtain, review, and reasonably use any regional flood
elevation and floodway data available from a federal, state, or other source.
b. If regional flood elevation and floodway data are not readily available, the applicant must
furnish additional information, as needed, to determine the regulatory flood protection
elevation and whether the proposed use would fall within the Floodway or Flood Fringe
subdistrict. Information must be consistent with accepted hydrological and hydraulic
engineering standards and the standards in Subsection c below.
c. The determination of floodway and flood fringe must include the following components,
as applicable:
1) Estimate the peak discharge of the regional (1 percent chance) flood.
2) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
3) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot is
required if, as a result of the stage increase, increased flood damages would result.
An equal degree of encroachment on both sides of the stream within the reach
must be assumed in computing floodway boundaries.

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d. The Public Works Director will review the submitted information and assess the technical
evaluation and the recommended Floodway and/or Flood Fringe subdistrict boundary.
The assessment must include the cumulative effects of previous floodway
encroachments. The Public Works Director may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of
Natural Resources. Based on this assessment, the Public Works Director may approve or
deny the application.
9) Uses Permitted
a. The regulations within this Section establish those uses that are permitted in each of the
flood districts, subject to the further restriction that no proposed use is permitted if it is
not permitted in the underlying zoning district. No person may establish a use in a flood
district that is not otherwise permitted in that district by the following Subsections, or that
is not permitted in the underlying zoning district, and for any person to do any grading or
filling in the flood district without first obtaining all necessary permits and approvals.
b. Any facility that will be used by employees or the general public must be designed with a
flood warning system that provides adequate time for evacuation if the area is inundated
to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per
second) would exceed a product of four upon occurrence of the regional (1 percent
chance) flood.
c. Flood Prone and Floodway Uses
Permitted uses are the following uses that have a low flood damage potential and do not
obstruct flood flows. These uses are permitted within the Floodway and Flood Prone
subdistricts to the extent that they are not prohibited by the underlying zoning district or
any other ordinance and provided they do not require structures, fill, or storage of
materials or equipment. In addition, no use shall adversely affect the capacity of the
channel or floodways of any tributary to the main stream, or of any drainage ditch or
other drainage facility.
1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2) Industrial-commercial uses such as loading areas, parking areas, billboards, airport
landing strips.
3) Private and public recreational uses such as golf courses, tennis courts, driving
ranges, picnic grounds, boat launching ramps, swimming area, parks, wildlife and
nature preserves, fishing areas, recreational trails.
4) Residential uses such as lawns, gardens, parking areas, and recreation areas.
5) Channel Modifications requiring a DNR permit where there is no change in the flood
profile.

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d. Flood Fringe Uses

Uses permitted in the Food Fringe subdistrict are the same as those permitted by the
underlying zoning district, subject to meeting the construction standards in this Section
60.200.040E.
e. Floodway Conditional Uses
The following uses involving structures (temporary or permanent), fill, or the storage of
materials or equipment, are permitted in the Floodway subdistrict only after a Conditional
Use permit is obtained.
1) Structures accessory to open space or conditional uses.
2) Placement of fill.
3) Extraction of sand, gravel, and other minerals.
4) Marinas, boat rentals, docks, and water control structures.
5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that
the Department of Natural Resources’ Area Hydrologist is notified at least 10 days
prior to issuance of any permit.
6) Other uses similar in nature to uses described in Section 60.200.040E.9)c, Flood
Prone and Floodway Uses or this Subsection that are consistent with the purpose of
the Floodway subdistrict.
f. Flood Prone Conditional Uses
1) In the Flood Prone subdistricts, uses permitted in the underlying zoning district are
allowed subject to Planning Commission approval, subject to Subsection 2) below.
2) All developments are also subject to the applicable provisions of Section
60.200.040E.10), Flood Fringe Construction Standards.
g. Adverse Effect on Floodplain
Floodplain development should not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
h. Critical Facilities
Critical Facilities are prohibited in the FPO district.
10) Flood Fringe Construction Standards
Uses located in the Flood Fringe subdistrict, to the extent that they are not prohibited by any
other portion of the UDC, shall be constructed as regulated by this Subsection and in such a
manner so as to not adversely affect the capacity of any public water or any other drainage
facility or system.
a. Standard for Primary Buildings
The following standards shall apply to the construction of primary buildings in the Flood
Fringe subdistrict:

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1) Dwellings
(a) General
(i) New dwellings shall be constructed on fill so that the lowest floor (including
basement) is at or above the flood protection elevation.
(ii) The finished fill elevation shall be no lower than one foot below the flood
protection elevation and shall extend at such elevation at least 15 feet
beyond the limits of any structure or building thereon.
(iii) The lowest floor of residential additions of any size shall be constructed at or
above the regional flood elevation.
(iv) Residences that do not have vehicular access at or above an elevation not
more than two feet below the flood protection elevation shall not be
permitted.
(v) If a variance to the access requirement is granted, the Board of Appeals must
specify limitations on the period of use or occupancy of the structure for
times of flooding and only after determining that adequate flood warning time
and local flood emergency response procedures exist.
(b) Dwellings in the AO Zone
As an exception to Subsection 1)(a) above, new dwellings in the AO zone shall
be constructed on fill so that the lowest floor (including basement) is elevated
above the highest adjacent grade at least as high as one foot above the
depth number specified in feet on the Rochester Flood Insurance Rate Map.
2) Non-Residential Uses
(a) General
New structures shall be elevated so that their first floor (including basement)
is at or above the flood protection elevation. The finished fill elevation shall
be no lower than one foot below the flood protection elevation.
(b) Non-Residential Uses in the AO Zone
As an exception to Subsection 1)(a) above, new structures shall be
constructed on fill so that the lowest floor (including basement) is elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the Rochester Flood Insurance Rate Maps, or together
with attendant utility and sanitary facilities be completely flood-proofed in
accordance with the State Building Code to the FP-l or FP-2 classification
without the utilization of dikes, dams or levee.
b. Standards for Public Works
The following standards shall apply to the construction of new public works in the Flood
Fringe subdistrict:

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1) Waste Treatment and Flood Control Structures

(a) No new construction, addition, or modification to existing waste treatment
facilities shall be permitted within the flood fringe unless emergency plans and
procedures for action to be taken in the event of flooding are prepared, filed with,
and approved by the Minnesota Pollution Control Agency.
(b) The emergency plans and procedures must provide for measures to prevent
introduction of any pollutant or toxic material into the flood waters.
2) Utilities, Railroad Tracks, Streets, and Bridges
(a) (a) All utilities such as gas, electrical, sewer, and water supply systems to be
located in the floodplain must be elevated and/or floodproofed to the Regulatory
Flood Protection Elevation (RFPE), be located and constructed to minimize or
eliminate flood damage, and be designed to eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters. All public
utilities should be designed to minimize increases in flood elevations. New solid
waste management facilities, as defined in Minnesota Rules, part 7035.0300,
are prohibited in the one-percent annual chance floodplain. Water supply
systems are subject to the provisions in Minnesota Rules, part 4725.4350.
(b) Public utility facilities, roads, railroad tracks, and bridges within the Flood Fringe
subdistrict shall be designed to minimize increase in flood elevations and shall
be compatible with local comprehensive floodplain development plans.
(c) Protection to the flood protection elevation shall be provided where failure or
interruption of these public facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the area.
(d) Where failure or interruption of services would not endanger life or health, a
lesser degree of protection may be provided for minor or auxiliary roads,
railroads, or utilities.
c. Standards for Accessory Uses and Structures
The following standards shall apply to the construction of accessory structures and the
use of land for accessory purposes:
1) Accessory Structures
Such structures shall be constructed on fill so that the lowest floor is at or above the
flood protection elevation or may be permitted below the flood protection elevation
provided that such structures are:
(a) Not designed for human habitation;
(b) Designed to have low flood damage potential;
(c) Constructed and placed on the building site so as to offer the minimum
resistance to the flood or floodwaters; and

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(d) As an alternative to elevation on fill, accessory structures that constitute a

minimal investment and that do not exceed 500 square feet for the outside
dimension at ground level may be internally flood proofed to the FP-3 or FP-4
standards in accordance with the state building code. To meet this requirement,
detached garages must be used solely for parking of vehicles and limited
storage. All such structures must meet the following standards:
(i) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two “automatic” openings in the outside walls of the structure,
with a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage door prior
to flooding will not comply with this requirement for automatic opening;
(iii) The structure must be adequately anchored to prevent flotation, collapse, or
lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and
(iv) Any mechanical and utility equipment in a structure must be elevated to or
above the Regulatory Flood Protection Elevation or properly flood proofed.
2) Storage of Materials
The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage
of other materials or equipment is allowed if readily removable from the area within
the time available after a flood warning and in accordance with a plan approved by
the Community Development Director.
3) Accessory Land Uses
Accessory land uses for non-residential uses, such as storage yards and parking lots,
that are at elevations below the flood protection elevation shall not be permitted
without a flood warning system that provides adequate time for evacuation of the
area if the area is inundated to a depth and velocity such that the depth (in feet)
multiplied by the velocity (in feet per second) would exceed a product of four upon
occurrence of the regional (one percent chance) flood.
d. Alternate Construction Standards
Alternate standards for the construction of residential and non-residential uses are
permitted as follows:
1) Residential Uses
(a) Where existing streets, utilities, or small lot size preclude the use of fill, other
alternative methods of elevating the first floor (including basement) above the

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flood protection elevation may be authorized by the issuance of a Conditional Use

Permit.
(b) The alternative methods as referenced in paragraph (a) above may include the
use of stilts, pilings, parallel walls, or above-grade enclosed areas such as crawl
spaces or tuck-under garages.
(c) The base or floor of an enclosed area shall be considered above-grade and not a
structure’s basement or lowest floor if:
(i) The enclosed area is above-grade on at least one side of the structure;
(ii) It is designed to internally flood and is constructed with flood resistant
materials; and
(iii) It is used solely for parking of vehicles, building access or storage.
(d) The above-noted alternative elevation methods are subject to the following
additional standards:
(i) The structure’s design and as-built condition must be certified by a registered
professional engineer or architect as being in compliance with the general
design standards of the state Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air- conditioning equipment and
other service facilities must be at or above the Regulatory Flood Protection
Elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(ii) Above-grade, fully enclosed areas such as crawl spaces or tuck-under
garages must be designed to internally flood and the design must stipulate:
a. The minimum area of openings in the walls where internal flooding is
to be used as a flood proofing technique. There shall be a minimum
of two openings on at least two sides of the structure and the bottom
of all openings shall be no higher than one foot above grade. The
automatic openings shall have a minimum net area of not less than
one square inch for every square foot of enclosed area subject to
flooding unless a registered professional engineer or architect
certifies that a smaller net area would suffice. When openings are
placed in a structure’s walls to provide for entry of flood waters to
equalize pressures, the bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens,
louvers, valves, or other coverings or devises provided that they
permit the automatic entry and exit of flood waters without any form
of human intervention.
b. That the enclosed area will be designed of flood resistant materials in
accordance with FP-3 or FP-4 classifications in the state Building
Code and shall be used solely for building access, parking of vehicles
or storage.

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2) Non-Residential Uses
(a) All areas of Non-Residential structures, including basements, to be placed below
the Regulatory Flood Protection Elevation shall be flood proofed in accordance
with the structurally dry flood proofing classifications in the state Building Code.
(b) Structurally dry flood proofing must meet the FP-3 or FP-4 flood proofing
classification in the state Building Code, without the use of dikes, dams, or
levees, and this shall require making the structure watertight with the walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy. Structures flood proofed to the FP-1 or FP-2
standards shall not be permitted.
(c) Upon determination that a particular use may constitute an unusual hazard in the
flood fringe, the Community Development Director will require a Conditional Use
Permit as provided in Section 60.500.050A, Conditional Use Permit.
e. Basements
Basements shall be subject to the following:
1) Residential basement construction shall not be allowed below the Regulatory Flood
Protection Elevation.
2) Non-residential basements may be allowed below the Regulatory Flood Protection
Elevation provided the basement is structurally dry flood proofed in accordance
with Section 60.500.060GE.10.d.2.b.
f. Additional Development Standards
The standards in this Subsection f shall apply to the uses indicated. These standards are
imposed in addition to any other applicable FPO standards.
1) Manufacturing and Industrial Uses
(a) Manufacturing and industrial buildings, structures and appurtenant works shall
be protected to the flood protection elevation.
(b) Measures shall be taken to minimize interference with normal plant operations,
especially for streams having prolonged flood durations.
(c) In considering permit applications, due consideration shall be given to needs of
an industry whose business requires that it be located in floodplain areas.
2) Fill
(a) Fill shall be properly compacted, and the slopes shall be properly protected by
the use of riprap, vegetative cover, or other acceptable method.
(b) Permanent sand and gravel operations and similar uses must be covered by a
long-term Site Development Plan as approved under other provisions of this UDC.
The cumulative placement of fill where at any one time in excess of 1,000 cubic

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yards of fill is located on the parcel shall be allowable only as a conditional use,
unless said fill is specifically intended to elevate a structure in accordance with
Section 60.200.040E.10) Flood Fringe Construction Standards.
(c) When at any time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on-site storage, landscaping, sand and
gravel operations, landfills, roads, dredge spoil disposal or construction of flood
control works, an erosion and sedimentation control plan must be submitted
unless the community is enforcing a state approved shoreland management
ordinance. In the absence of a state approved shoreland management
ordinance, the plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the 100 year regional flood event. The plan
must be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the Community Development Director. The plan
may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
3) Garbage and Solid Waste Disposal
There shall be no disposal of garbage or solid waste materials within Flood Fringe
areas. No Conditional Use Permits for garbage and waste disposal sites shall be
issued for Flood Fringe subdistrict. There shall be no further encroachment upon the
floodplain at existing sites.
4) On-site Water Supply and Sewage Treatment Systems
Where public utilities are not provided:
(a) On‐site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems and are subject to the provisions in
Minn. R. Ch. 4725.4350, as amended; and
(b) New or replacement on‐site sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters, they must not be subject to impairment or
contamination during times of flooding, and are subject to the provisions in Minn.
R. Ch. 7080.2270, as amended.
11) Floodway Construction Standards
No structures (temporary or permanent); fill, including fill for roads and levees; deposits,
obstructions, storage of materials or equipment; or other uses allowed as Conditional Uses
that, acting alone or in combination with existing or future uses, cause any stage increase of
0.00 feet or greater of the one percent chance or regional flood or cause an increase in flood
damages in the reach or reaches affected, as determined by a professional engineer or by
using standard engineering practices, shall be permitted. This shall be demonstrated through
hydrologic and hydraulic analysis performed by a professional engineer, or using other
standard engineering practices (e.g. projects that restore the site to the previous cross-
sectional area). This is commonly documented through a “no-rise certification.”

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Consideration of the effects of a proposed use shall be based on a reasonable assumption

that there will be an equal degree of encroachment extending for a significant reach on both
sides of the stream. In addition, all floodway conditional uses shall be subject to the
regulations in the following paragraphs.
a. Fill
1) Any fill deposited in the floodway shall be no more than the minimum amount
necessary to conduct a Conditional Use listed in Section 60.200.040E.9)e,
Floodway Conditional Uses.
2) Fill shall be limited to what is needed to grade or landscape for that use and shall
not in any way obstruct the flow of flood waters or cause any increase in flood
elevations.
3) Such fill or other material shall be protected against erosion by rip-rap, vegetative
cover or bulkheading. Dredge spoil sites and sand and gravel operations shall not
be allowed in the floodway unless a long-term Site Development Plan is submitted
that includes an erosion and sedimentation prevention element to the plan.
b. Accessory Structures
Accessory structures (temporary or permanent) approved by the Planning Commission
shall be subject to the following standards:
1) Not designed for human habitation;
2) Designed to have low flood damage potential;
3) Constructed and placed on the building site so as to offer the minimum resistance
to the flood or floodwaters;
4) Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow; and
5) So far as practicable, structures shall be placed approximately on the same flood
flow lines as those of adjoining structures.
6) Accessory structures shall be structurally dry flood proofed in accordance with the
FP-3 or FP-4 flood proofing classifications in the state Building Code. All flood
proofed accessory structures must meet the following additional standards as
appropriate:
(a) Accessory Structures in the Floodway require a Conditional Use Permit by
Planning Commission. The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and shall be designed to
equalize hydrostatic flood forces on exterior walls.
(b) Any mechanical and utility equipment in a structure must be elevated to or above
the Regulatory Flood Protection Elevation or properly flood proofed.

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7) As an alternative, an accessory structure may be internally/wet floodproofed to the

FP-1 or FP-2 floodproofing classifications in the state Building Code provided the
accessory structure constitutes a minimal investment and that does not exceed
500 square feet for the outside dimension at ground level. Designs for meeting this
requirement must either be certified by a registered professional engineer or meet
or exceed the standards in Subsection 6). To meet this requirement, detached
garages must be used solely for parking of vehicles and limited storage.
(a) To allow for the equalization of hydrostatic pressure, there must be a minimum of
two “automatic” openings in the outside walls of the structure, with a total net
area of not less than one square inch for every square foot of enclosed area
subject to flooding; and
(b) There must be openings on at least two sides of the structure and the bottom of
all openings must be no higher than one foot above the lowest adjacent grade to
the structure. Using human intervention to open a garage door prior to flooding
will not comply with this requirement for automatic openings.
c. Utilities, Railroad Tracks, Streets, and Bridges
1) Public utility facilities, roads, railroad tracks, and bridges within the floodway district
shall be designed to minimize increases in flood elevations and shall be compatible
with local comprehensive floodplain development plans. Such facilities must
comply with Section 60.200.040E.11), Floodway Construction Standards.
2) Protection to the flood protection elevation shall be provided where failure or
interruption of these public facilities are essential to the orderly functioning of the
area.
3) Where failures or interruption of service would not endanger life or health, a lesser
degree of protection may be provided for minor or auxiliary roads, railroads, or
utilities.
d. Storage of Material and Equipment
1) The storage or processing of materials that are in time of flooding buoyant,
flammable, explosive or that could be injurious to human, animal, or plant life, or
that are likely to cause pollution of waters, as defined by Minn. Stat. §115.01, is
prohibited.
2) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life shall be stored at or above the Regulatory
Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as
approved by the Director of Community Development.
3) Storage of materials likely to cause pollution of the waters, such as sewage; sand;
rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or
industrial waste; and other wastes as further defined in Minn. Stat. §115.01, are
prohibited unless adequate safeguards approved by the Minnesota Pollution
Control Agency are provided. For projects not requiring approvals by the Minnesota

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Pollution Control Agency, adequate safeguards must be approved by the Director of

Community Development prior to issuance of a permit.
e. Garbage and Solid Waste Disposal
No Conditional Use Permits for garbage and waste disposal sites shall be issued for
floodway areas. There shall be no further encroachment upon the floodway at existing
sites.
f. Structural Works for Flood Control
Structural works for flood control such as levees, dikes, floodwalls, and reservoirs shall
be allowed after Council approval, and compliance with the following:
1) Any proposed structural work in the beds of public waters, as defined in Ch.
103G.245, that will change the course, current, or cross-section of the waters shall
be subject to the provisions of Minnesota Rule, parts 6115.0150-6115.0280, and
other applicable statutes.
2) When necessary, a permit from the Army Corps of Engineers certifying compliance
with Section 404 of the Clean Waters Act shall be obtained, along with any other
necessary permits.
g. On-Site Water Supply and Sewage Treatment Systems
Where public utilities are not provided:
1) On‐site water supply systems must be designed to minimize or eliminate infiltration
of flood waters into the systems and are subject to the provisions in Minn. R. Ch.
4725.4350, as amended; and
2) New or replacement on‐site sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters, they must not be subject to impairment or
contamination during times of flooding, and are subject to the provisions in Minn.
R. Ch. 7080.2270, as amended
12) Flood Prone Construction Standards
The requirements applicable in the Flood Fringe subdistrict, shall apply in the Flood Prone
subdistrict. In addition, the deposition of any fill or spoil from dredging of sand and gravel
operations, the construction of any structure, or the grading or paving of any areas shall
require certification by a registered professional engineer or hydrologist that the following
conditions have been met:
a. Fill deposited in the Flood Prone subdistrict shall be no more than the minimum amount
necessary to conduct the use;
b. No net loss of capacity for surface storage of flood waters shall result from the activity;
c. Storage created to offset fill applied within the Flood Prone Subdistrict shall be located
within the Flood Prone Subdistrict along the same stream reach;

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d. The effect of such activities in the Flood Prone area shall not result in an increase in
erosion potential on the site;
e. Compensatory storage and the associated disturbances to accommodate for it shall not
be located within the Floodway or Shoreland Impact Zones.
13) Manufactured Homes and Recreational Vehicles
Manufactured homes and manufactured home parks and the placement of travel trailers
and travel vehicles in flood plain areas shall meet the following standards:
a. Manufactured Home Parks and Subdivisions
New manufactured home parks and subdivisions, and expansions to existing
manufactured home parks and subdivisions are prohibited in any floodplain district.
b. Placement
1) Placement or replacement of manufactured home units is prohibited in the
Floodway District.
2) In the Flood Fringe, and Flood Prone Districts, placement or replacement of new or
replacement manufactured homes in existing manufactured home parks or
subdivisions, or on individual lots of record, will be treated as new structures and
may be placed only if in compliance with this Section 60.200.040E FPO –
Floodplain Overlay.
3) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resist flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
4) If vehicular road access for preexisting manufactured home parks is not provided in
accordance with Section 60.400.040C.3)a Hazards, then replacement
manufactured homes will not be allowed until the property owner(s) develops a
flood warning emergency plan acceptable to the Community Development Director.
c. Recreational Vehicles
1) New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain district.
2) Placement of recreational vehicles in existing recreational vehicle parks or
campgrounds in the floodplain is only permitted if all of the standards below are
met.
3) The vehicle and associated use must be permissible in any preexisting, underlying
zoning district.
(a) The vehicle must have current licenses required for highway use.

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(b) The vehicle must be highway ready, which means that wheels or the internal
jacking system are attached to the site only by quick disconnect type utilities
commonly used in campgrounds and recreational vehicle parks, and the vehicle
has no permanent structural type additions attached to it.
(c) Accessory structures to recreational vehicles are not permitted within the
Floodway District.
(d) Any accessory structure to recreational vehicles in the Flood Fringe and Flood
Prone Districts must be constructed of flood-resistant materials and be securely
anchored, meeting the requirements applicable to manufactured homes in
Subsection b3) above.
4) Recreational vehicles permitted in existing recreational vehicle parks or
campgrounds pursuant to Subsection 3) above shall lose the ability to remain in
those locations if when development occurs on the parcel exceeding $500 dollars
for a structural addition to vehicle or an accessory structure such as a garage or
storage building. The vehicle and all additions and accessory structures will then be
treated as a new structure and shall be subject to the elevation/flood proofing
requirements and the use of land restrictions specified in this Section
60.200.040E FPO – Floodplain Overlay.
14) Floodproofing Certification
Following completion of the activities authorized by a Floodplain Development Permit
pursuant to Section 60.500.060HG and a Zoning Certificate pursuant to Section
60.500.060A, the applicant shall submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this UDC. A registered professional
engineer or architect shall certify that the flood-proofing methods are adequate to withstand
the flood depth, pressures, velocities, impact, and uplift forces. Where a nonconforming
structure is extended or substantially altered the certificate of zoning compliance shall
specifically state how the nonconforming use or structure differs from the flood protection
standards and criteria in this UDC.
15) Recordkeeping
The Community Development Director shall maintain a record of the lowest floor (including
basement) elevation of, and the floodproofing measures incorporated into, all new structures
and alterations or additions to existing structures in any of the flood districts within the FPO
district. Use of a FEMA Elevation Certificate is recommended for documenting as-builts, as
these can be used for getting an insurance policy or an appeal from the federal mandatory
insurance requirement.

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

F. SDO – Shoreland District Overlay

1) Purpose
a. The purpose of the SDO is to ensure that shoreland development on the public waters of
Rochester are regulated consistent with the classifications assigned by the
commissioner under MN Rules, part 6120.3300.
b. The regulations are also intended to identify land uses that are compatible with the
protection and preservation of shoreline resources to conserve the economic and
environmental values of shoreland and sustain water quality, and to establish
dimensional and performance standards that protect shoreland resources from the
impacts of development.
2) Applicability
The following standards related to the Protected Waters Inventory Map for Olmsted County,
Minnesota, which is hereby adopted by reference as part of this UDC. This Shoreland
Ordinance is adopted pursuant to the authorization and policies contained in Minn. Stat. Ch.
103F, Pts. 6120.2500-6120.3900 and the planning and zoning enabling legislation in Minn.
Stat. Ch. 462.
a. Where the SDO Applies and Classifications
1) The public waters of the City have been classified consistent with the criteria found
in Minn. R. Pt. 6120.3300, and the Protected Waters Inventory Map for Olmsted
County, Minnesota.
2) The following areas are included in the SDO as classified below and identified in the
Official Zoning Map:
(a) Urban
South Fork Zumbro River - From 37th Street Northwest to North City Limit
Boundary.
(b) Agricultural
South Fork Zumbro River - From Bamber Valley Road Southwest westerly to
West City Limit Boundary.
(c) Tributary
All public rivers and streams shown on the Public Waters Inventory Map for
Olmsted County in the City, a copy of which is adopted by reference, not given
a classification above and not exempted in Section 60.200.040F.2)b shall be
considered “Tributary.”
b. Where the SDO Does Not Apply
1) Pursuant to Minn. R. Pts. 6120.2500 and 6120.3900, no lake, pond, or flowage
less than 10 acres is required to be regulated by the local government's shoreland
regulations.

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2) A body of water created by a private user where there was no previous shoreland
may, at the discretion of the governing body, be exempt from the shoreland
provisions.
3) The following reaches of stream are exempt from the SDO:
(a) South Fork Zumbro River from the centerline of the T.H. 52 bridge to the
centerline of the 37th Street NW bridge.
(b) Silver Creek corridor from the eastern boundary of Quarry Hill park to its
confluence with the South Fork Zumbro River.
(c) Bear Creek from the centerline of the T.H. 14 bridge downstream to its
confluence with the South Fork Zumbro River.
(d) Cascade Creek from the centerline of the T.H. 52 bridge downstream to its
confluence with the South Fork Zumbro River.
(e) Willow Creek from the centerline of 40th Street SW, downstream to the western
boundary of Section 24, T106N, R14W, Rochester Township.
(f) North Run of the North Fork Cascade Creek from the centerline of 7th Street NW
to its confluence with Cascade Creek.
3) Uses Allowed in the Shoreland District Overlay
All uses permitted in the base zoning district, as described in Table 300.02-1 Allowed Uses
Table, shall be allowed within the Shoreland District Overlay, subject to the following
exceptions:
a. Intensive vegetation clearing of forest land for conversion to another use is not permitted
in the Shoreland District Overlay.
b. Agricultural production is not permitted as a principal use in the Shoreland District
Overlay.
c. Residential development that contains more than four units per acre of suitable land
within the shoreland overlay district shall require a Shoreland Protection Permit as
described in Section 60.500.050C. Suitable land shall exclude road right-of-way.
d. Industrial uses require a Shoreland Protection Permit as described in Section
60.500.050C, in addition to any other approvals required by the base zoning district, as
shown in Table 300.02-1 Allowed Uses Table.
e. Accessory agricultural uses require a Shoreland Protection Permit, as described in
Section 60.500.050C.
4) Lot Area, Width, and Density Standards
All new lots must meet the requirements of this Section 60.200.040F.4).
a. The use of private sewage disposal systems and private water supply to serve any new
development within the City is subject to the requirements of Error! Reference source not
found., Public Facilities, of the UDC.

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

b. Lands within the Shoreland District Overlay shall meet the base zone district lot area
requirements and the following lot width standards:
Dwelling Type Agricultural River Urban Urban
River/Tributary (On River/Tributary
Public Sewer) (Other1)
Single 150 feet 75 feet 100 feet
Duplex 225 feet 115 feet 150 feet
Triplex 300 feet 150 feet 200 feet
Quad 375 feet 190 feet 250 feet

c. Only lands above the Ordinary High Water Level (OHWL) can be used to meet lot
dimensional standards.
d. Lot width standards must be met at both the OHWL and at the building line.
5) Setbacks, Design, and Height of Structures
a. Setbacks
1) When more than one setback applies to a site, structures and facilities must be
located to meet all setbacks.
2) Structure setbacks are dependent upon the type of sewage system, and shall be
set back from the OHWL by at least the following distances:

River Type Structure with No Sewer Structures with Sewer Sewage Treatment
Systems
Agricultural 100 feet 50 feet 75 feet
Urban 100 feet 50 feet 75 feet
Tributary 100 feet 50 feet 75 feet

b. Additional Building Setbacks

1) The following additional minimum building setbacks also apply, regardless of the
classification of the waterbody.
Setback Type Minimum Setback
Top of Bluff 30 feet
Unplatted Cemetery 50 feet
Right-of-way line of federal, state, or 50 feet
county highway
Right-of-way line of town road, public 20 feet
street, or other roads not classified
2) In addition to the lowest floor, all service utilities must be elevated or water-tight to
the elevation of three feet above the flood or record or OHWL, whichever is greater.

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3) If elevation methods involving fill would result in filling in the Shoreland Impact
Zone, then structures must instead be elevated through floodproofing methods
consistent with FEMA technical bulletins 1, 2, and 3.
c. Exceptions to Shoreland Requirements
1) Lowest Floor Elevations within the Shoreland District Overlay
Structures shall be placed at an elevation consistent with Section 60.200.040E, FPO
– Floodplain Overlay. Where these elevations are not known, the required lowest
floor elevation, including basement, shall be placed or floodproofed at least three
feet above the flood of record or at least three feet above the OHWL, whichever is
greater.
(a) Water-Oriented Accessory Structures
The lowest floor may be placed lower than the OHWL or flood of record,
whichever is greater, if:
i. The structure is constructed of flood-resistant materials to the elevation;
and
ii. Electrical and mechanical equipment is placed above the elevation; and
iii. If long duration flooding is anticipated, the structure is built to withstand
ice action and wind-driven waves and debris.
2) Water-Oriented Accessory Structures
Water oriented accessory structures may be located on parcels or lots with frontage
on public waters provided that:
(a) One water-oriented accessory structure or facility, designed in accordance with
this ordinance, shall be set back a minimum distance of ten feet from the OHWL;
(b) The structure does not exceed ten feet in height;
(c) The structure does not exceed 250 square feet in area;
(d) The structure does not exceed eight feet above grade at any point;
(e) The structure is not located in the Bluff Impact Zone;
(f) The structure is not to be designed or used for human habitation. The roof may
be used as an open-air deck with safety rails, but must not be enclosed or used
as a storage shed.
(g) Water-oriented accessory structure or facilities must be designed to incorporate
topographic and vegetative screening of parking areas and structures;
3) Decks
Deck additions may be allowed without a Variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and
standards are met:.

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a. The structure existed on the date the structure setbacks were established;
b. A thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water level
setback of the structure;
c. The deck encroachment toward the ordinary high water level does not exceed
15 percent of the existing setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more
restrictive; and
d. The deck is constructed primarily of wood, and is not roofed or screened.
6) Stairways, Lifts, and Landings
Stairways and lifts are the preferred alternative to major topographic alterations for achieving
access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings
require a zoning certificate, with approval based on the findings for Shoreland Protection
Permits, as described in Section 60.500.050C, and must meet the following design
requirements:
a. Stairways and lifts shall not exceed four feet in width.
b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in
area. Landings larger than 32 square feet may be used for commercial properties, public-
space recreational uses, and planned unit developments;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings may be either constructed above the ground on posts or
pilings, or placed into the ground, provided they are designed and built in a manner that
ensures control of soil erosion;
e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions
of lots, as viewed from the surface of the public water assuming summer leaf-on
conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for persons with disabilities are also
allowed for achieving access to shore areas, provided that they comply with the
dimensional and performance standards of subitems (a) to (d) above, in addition to the
requirements of Minn. R. Ch. 1341.
7) Water Supply and Sewage Treatment
a. Any public or private supply of water for domestic purposes must meet or exceed
standards for water quality of the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
b. Any premises used for human occupancy must be connected to a publicly-owned sewer
system, where available, or comply with Minnesota Rules, Chapters 7080 – 7081.

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

8) Forest Management
The harvesting of timber and associated reforestation must be conducted consistent with the
applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site-Level
Forest Management Guidelines for Landowners, Loggers and Resource Managers.
9) Signs in the Shoreland Impact Zone
a. Signs are not permitted in the Shoreland Impact Zone
10) Lighting in the Shoreland Impact Zone
a. Lighting may be located within the Shoreland Impact Zone or over public waters if it is
used to illuminate potential safety hazards, and is shielded or otherwise directed to
prevent direct illumination across public waters.
11) Shoreland Alterations
a. Vegetation Alterations
1) Removal or alteration of vegetation is only permitted:
(a) As necessary for the construction of structures and sewage treatment systems
with a valid permit having been issued for these facilities;
(b) For the construction of public roads and parking areas, as permitted by this
ordinance; and
(c) For forest management uses.
2) Removal or alteration of vegetation shall comply with the following standards:
(a) If woody vegetation is cleared for construction purposes, it shall be restored with
native, deep-rooted vegetation. Grading activity cannot begin without a planting
removal and replacement plan approved by the Community Development
Director.
(b) Mature trees shall not be removed unless permitted by the Community
Development Director through the approval of a planting removal and
replacement plan.
(c) Intensive vegetation clearing in the shore and bluff impact zones and on steep
slopes is prohibited.
(d) Limited clearing of shrubs and cutting, pruning, and trimming of trees is allowed
to provide a view to the water from the primary or accessory use and to
accommodate the placement of stairways and landings, provided that:
(i) Vegetation is maintained to screen structures, vehicles, or other facilities by
at least 50% as viewed from the water, assuming summer, leaf-on conditions.
The maximum view corridor shall be less than 50 feet or one-third of the
parcel width, whichever is less.
(ii) The Existing shading of water surfaces is preserved;

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

(iii) Cutting debris or slash shall be scattered and not mounded on the ground;
(iv) Perennial ground cover is retained;
(v) Removal of trees, limbs, or branches that are dead, diseased, dying, or pose
safety hazards is allowed without a permit.
(vi) Fertilizer and pesticide runoff into surface waters must be minimized through
use of vegetation, topography, or both; and
(vii) Picnic areas, access paths, beaches and watercraft access areas are
prohibited in Bluff Impact Zones.
3) Violations of the vegetation standards shall be subject to a Restoration Order
following the administrative procedures in Section 60.500.090. This vegetation
restoration plan shall be subject to a three-year maintenance plan prepared by the
land owner and approved by the zoning administrator. Near shore or highly erodible
locations are to be restored with a mix of deep-rooted woody and herbaceous
vegetation with high stem-density, suitable for the location.
b. Grading Activity
When in the shoreland district the following standards shall supplement, but not replace,
the standards for grading of land that are generally applicable in the City, as described in
Section 60.400.050, Sensitive Lands, Wetlands, Stormwater, and Drainage.
1) A Grading Permit shall be required for:
(a) The movement of more than 10 cubic yards of material on steep slopes, and in
Bluff Impact Zones;
(b) The movement of more than 50 cubic yards of material outside of steep slopes,
and in Bluff Impact Zones;
(c) Any grading in the Shoreland Impact Zone
2) All construction permits, Grading Permits, Conditional Use Permits, variances, and
subdivision approvals shall require compliance with the following standards:
(a) Grading within any wetland area shall meet the applicable requirements of the
Minnesota Wetlands Conservation Act;
(b) Placement of retaining walls, including boulder walls within the SIZ and BIZ
provided that:

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

1. if the project includes work at or below the OHWL, the commissioner has
already approved or permitted the project.
2. the structures are used only to correct a documented existing erosion
problem and not for aesthetic reasons.
3. the height and length are the minimum necessary to control the erosion
problem and are not higher than 4 feet or longer than 10 feet, unless the
zoning administrator determines that a larger wall is necessary to correct
the erosion problem; and
4. The disturbances created adjacent to the wall will be replanted with deep
rooted and woody vegetation to help retain soil.
(c) Alterations shall be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible;
(d) Mulches or similar materials shall be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover shall be established as soon as
possible;
(e) Methods to minimize erosion and to trap sediments before they reach any
surface water feature shall be used, incorporating natural materials whenever
possible;
(f) Altered areas shall be stabilized to meet the erosion control policies in Section
60.400.050G.2), Erosion Control;
(g) Fill or excavated material shall not be placed in a manner that creates an
unstable slope;
(h) Plans to place fill or excavated material on steep slopes shall be reviewed by
qualified professionals for continued slope stability and shall not create finished
slopes of 30 percent or steeper;
(i) Fill or excavated materials shall not be placed in bluff or shore impact zones;
(j) Any alterations below the Ordinary High Water Level of public waters shall first be
authorized by the Minnesota Commissioner of Natural Resources under Minn.
Stat. §103.G.245;
(k) Alterations of topography shall only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby properties;
and
(l) Placement of natural rock riprap, including associated grading of the shoreline
and placement of a filter blanket, is permitted if the finished slope does not
exceed three feet horizontal to one foot vertical, the landward extent of the riprap
is within 10 feet of the OHWL, and the height of the riprap above the OHWL does
not exceed three feet.

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

1. Placement of natural rock rip rap, including associated grading of

the shoreline and placement of a filter blanket is permitted if:
a. if the project includes work at or below the OHWL, the
commissioner has already approved or permitted the
project;
b. the finished slope does not exceed three feet
horizontal to one-foot vertical;
c. the landward extent of the riprap is within ten feet of
the ordinary high water level; and
d. height of the riprap above the ordinary high water
level does not exceed three feet
e. A vegetative buffer, consisting of deep rooted and
woody vegetation, is to be established at a distance
no less than ten feet from the landward extent of the
riprap.
c. Connections to Public Waters
Excavations where the intended purpose is connection to a public water, such as boat
slips, canals, lagoons, and harbors, shall comply with Minnesota Rules, Chapter 6115 .
Permission for excavations may be given only after the Minnesota Commissioner of
Natural Resources has approved the proposed connection to public waters.
12) Placement and Design of Roads, Driveways, and Parking Areas
Public roads are regulated by Section 60.400.030, Subdivision Standards, of this UDC, and
parking areas are regulated by Section 60.400.080, Parking, Loading, and Stacking, of this
UDC. The following additional standards shall apply within the SDO – Shoreland District
Overlay. They are intended to supplement, not replace, the aforementioned standards.
a. Roads, driveways, and parking areas shall meet building setbacks and may not be
placed within Bluff Impact Zone and/or Shoreland Impact Zone, and shall in no case be
closer than 25 feet to the OHWL.
b. Public and private roads and parking areas shall be designed to minimize earthwork,
and to take advantage of natural vegetation and natural topography to achieve
maximum screening of view from public waters.
c. Roads, driveways, and parking areas shall meet erosion control standards as described
in Section 60.400.050G.2), Erosion Control, as well as the requirements of any other
applicable design standards, ordinances and permits.
13) Stormwater Management
a. Stormwater shall be managed in accordance with all applicable City Engineering
Standards, ordinances, and permits.

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Chapter 60.200: Zone Districts
Section 60.200.040 Overlay Districts Section 60.200.040F: SDO – Shoreland District Overlay

b. Within the Shoreland District Overlay boundary, impervious surface coverage of lots
shall not exceed 25 percent of the lot area.
c. No net increase from the pre-project conditions is permitted pursuant to section 6-4-
12(1)a, Stormwater Management Criteria for Permanent Facilities and BMPs, of the
Rochester Code of Ordinances.
d. No net increase in flood rate, velocity or elevation during the 100 year event from the
pre project conditions is permitted.
e. When constructed facilities are used for stormwater management, documentation shall
be provided by a qualified individual that they are designed and installed consistent with
the City Engineering Standards.
f. Newly constructed stormwater outfalls to public waters shall provide for filtering or
settling of suspended solids and skimming of surface debris before discharge and shall
be consistent with Minnesota Rules, part 6115.0231.
g. Stormwater treatment facilities and the associated disturbances to accommodate for
them should not be located within the floodway or the Shore Impact Zone.

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Chapter 60.300: Use Regulations
Section 60.300.010 Introduction Section 60.300.010A: Organization of the Table

Chapter 60.300 Use Regulations

Section 60.300.010 INTRODUCTION
A. Organization of the Table
1) The regulations of this Section 60.300.010 identify the uses allowed in each zone district
and the general standards that shall apply to the development of specific uses within each
district. Each use listed in Table 300.02-1, Allowed Uses Table, has a corresponding
definition located in Section 60.600.030, Definitions.
2) In Table 300.02-1, Allowed Uses Table, land uses are classified into general use categories
and specific uses based on common functional, product, or physical characteristics such as
the type and amount of activity, how goods or services are sold or delivered, and site
conditions. This classification provides a systematic basis for assigning present and future
land uses into appropriate zoning districts.
3) For certain uses, Use-Specific Standards above those imposed by the other Sections of the
UDC are applied to address impacts that the specific use may have. In the Allowed Uses
Table, an asterisk denotes if a Use-Specific Standard applies.
B. Allowed Uses Table
1) A “S” in a cell of the Allowed Uses Table indicates the use is permitted after Staff
confirmation that the use is available in that zone district and that the use complies with the
Use-Specific Standards cross-referenced in the right-hand column of that row of the table. A
use that is listed as an S use is also permitted as an accessory use in that zone district.
2) A “P” in a cell of the Allowed Uses Table indicates the use is subject to Planning Commission
approval pursuant to Section 60.500.050A Conditional Use Permit in that zone district,
subject to compliance with the Use-Specific Standards cross-referenced in the right-hand
column of that row of the table. A use that is listed as an S use is also permitted as an
accessory use in that zone district.
3) A “C” in a cell of the Allowed Uses Table indicates the use is subject to City Council approval
pursuant to Section 60.500.040NL, Conditional Use Permit Approved by City Council, in that
zone district, subject to compliance with the Use-Specific Standards cross-referenced in the
right-hand column of that row of the table. The approval of a Conditional Use may not be
limited to a stated period of time, but approval of a time-limited interim use may be available
as described below in provision 5 of this subsection. A use that is listed as an S use is also
permitted as an accessory use in that zone district.
4) A “V” in a cell of the Allowed Uses Table indicates that the use is subject to Planning
Commission approval pursuant to Section 60.500.050A, Conditional Use Permit, provided
that it takes place in an existing building or structure that the applicant documents has been
vacant for a period of five consecutive years and that it complies with any Use-Specific
Standards referenced in the final column of the permitted use table and with all other
applicable requirements of the LDM. All uses that were permitted by right when they were

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Section 60.300.010 Introduction Section 60.300.010C: Unlisted Uses and Structures

established, but that are now listed as a “V” uses will be deemed to have already obtained
approval and the City will issue written confirmation of that fact at the request of the property
owner.
5) A “I” in a cell of the Allowed Uses Table indicates that the use is permitted as an interim
primary use subject to any Use-specific Standards referenced in the right-hand column of
that row of the table. Interim uses require approval by City Council, any approval must state a
period of time during which the use may operate.
6) A “A” in a cell of the Allowed Uses Table indicates that the use is permitted as an accessory
use only in support of a permitted use on the site, and subject to the Use-Specific Standards
cross-referenced in the right-hand column of that row of the table.
7) A “T” in a cell of the Allowed Uses Table indicates that the use is permitted subject to the
issuance of a temporary permit, subject to the Use-Specific Standards cross-referenced in
the right-hand column of that row of the table.
8) A “*” next to a use in the Allowed Uses Table indicates that a Use-Specific Standard cross-
referenced in the right-hand column of the table applies to the use in the zoning district
where the “*” appears. Details about the Use-Specific Standards are in Section 60.300.030.
9) A blank cell in the Allowed Use Table indicates that the use is not permitted in that zoning
district.
C. Unlisted Uses and Structures
When a proposed primary, accessory, or temporary land use is not explicitly listed in the Allowed
Use Table, the use is not permitted in Rochester, unless the Community Development Director
determines that it is included in the definition of a listed use or is so similar to a listed use that it
shall be treated as the same use. The Director shall make that determination based on a
comparison of the size, scale, operating characteristics, multi-modal traffic impacts, storm
drainage impacts, utility impacts, and neighborhood impacts of the proposed use with other uses
listed in the Allowed Use Table. The Director’s interpretation shall be made available to the public
and shall apply to future uses with the same characteristics until the Director makes a different
interpretation or this UDC is amended to treat the use differently.
D. Relation to Local, State, or Federal Laws
1) Pursuant to authority by Minnesota Statues, Section 462.3593. Subdivision 9, the City opts-
out of the requirement of Minnesota Statues 462.3593 that defines and regulates
Temporary Family Health Care Dwellings.
2) All uses required by any local, state, or federal government to have an approval, license, or
permit to operate are required to have that local, state, or federal approval, license, or permit
at the time the use is established.

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Chapter 60.300: Use Regulations
Section 60.300.020 Allowed Uses Table Section 60.300.010D: Relation to Local, State, or Federal Laws

Section 60.300.020 ALLOWED USES TABLE

Table 300.02-1 Allowed Uses Table

S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;

A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply

Non-
Residential and
Mixed Use Residen-
Agricultural
tial
Zoning districts

MX-D
MX-T
and subdistricts Use-Specific
(where Standards

Business
applicable)

Corridor

Medial
Village
Fringe
MX-N

Node
MX-G
MX-C
MX-S
R-2x

MX-I
R-1
R-2

R-3
R-4
AG

SI
LI
Residential Uses
Household Living
Dwelling, Single- S S S S
Family Detached
Dwelling, Twin- S S S S S
Home
Dwelling, Attached S S S S S S S S S S S S

Dwelling, Duplex, S S S S S S S
Same Lot
Dwelling, Triplex S S S S S S S

Dwelling, Fourplex S S S S S S S

Dwelling, S* S* S* S* S* S* S* S* S* S* S* S* S* S* Section
Multifamily 60.300.030B.3)
Dwelling, Live/Work S S S S S S S S S S S

Dwelling, Cottage S* S* S* S* S* S S S S S Section

Development 60.300.030B.2)
Manufactured P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Section
Home Park 60.300.030B.4)
Group Living
Congregate S S S S S S S S S S S S S S S Section
Housing 60.300.030B.1)
Dormitory P P P Section
60.300.030B.1)
Medical Stay S S S S S S S S S S S S S
Dwelling Unit
Nursing Home P* P* P S* S* P S S S S S S S S S S Section
60.300.030B.5)

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Chapter 60.300: Use Regulations
Section 60.300.020 Allowed Uses Table Section 60.300.010D: Relation to Local, State, or Federal Laws

Table 300.02-1 Allowed Uses Table

S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply

Non-
Residential and
Mixed Use Residen-
Agricultural
tial
Zoning districts

MX-D
MX-T
and subdistricts Use-Specific
(where Standards

Business
applicable)

Corridor

Medial
Village
Fringe
MX-N

Node
MX-G
MX-C
MX-S
R-2x

MX-I
R-1
R-2

R-3
R-4
AG

SI
LI
Offender
C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Section
Transitional
60.300.030B.6)
Housing
Residential Care S/ S/ S/ S/ S/ Section
S* S* S* S* S* S* S* S* S* S* S*
Facility P* P* P* P* P* 60.300.030B.7)
Public, Institutional, and Civic Uses
Art Gallery,
Museum, and P P P P S S S S S S S S S S S S S
Library
Cemetery P* P* P* P* P* P* Section
60.300.030C.1)
College or P P P P P P P P P P P
University
Community Center P* P* P* P* P* P* S* S* S* S* S* S* S* S* S* S* S* Section
60.300.030C.2)
Community Garden S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* Section
60.300.030C.3)
Correctional Facility C C C C

Day Care Facility S/ S/ S/ S/ S/ S/ Section

Wind Energy
Conversion System P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* P* P* Section
(WECS), Ground- or 60.300.030F.3)
Building- Mounted
Accessory Uses and Structures Section
60.300.030G.1)
Accessory Dwelling A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
Unit 60.300.030G.5)
Animal Husbandry A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.6)
Billboard A* A* Section
60.300.030G.7
Drive-in Facility A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.8)
Electric Vehicle A A A A A A A A A A A A A A A A A A A A
Charging Station
Fuel Tank A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.9)
Garage A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.10)
Greenhouse A A* A* A* A* A* A A A A A A A A Section
60.300.030G.11)
Home Occupation A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.12)
Outdoor Eating A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
Area 60.300.030G.13)

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Chapter 60.300: Use Regulations
Section 60.300.020 Allowed Uses Table Section 60.300.010D: Relation to Local, State, or Federal Laws

Table 300.02-1 Allowed Uses Table

Non-
Residential and
Mixed Use Residen-
Agricultural
tial
Zoning districts

MX-D
MX-T
and subdistricts Use-Specific
(where Standards

Business
applicable)

Corridor

Medial
Village
Fringe
MX-N

Node
MX-G
MX-C
MX-S
R-2x

MX-I
R-1
R-2

R-3
R-4
AG

SI
LI
Recreational A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
Vehicle Parking 60.300.030G.14)
Recycling Drop Box A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
60.300.030G.15)
Related Service A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
Facility 60.300.030G.16)
Residence for
A* A* A* A* A* Section
Caretaker or
60.300.030G.17)
Security Guard
Residential
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Section
Management or
60.300.030G.18)
Sales Office
Swimming Pool or A A* A* A* A* A* A A A A A A A A A A A A A A Section
Tennis Court 60.300.030G.19)
Urban Agriculture A A A A A A A A A A A A A A A A A A A A Section
60.300.030G.20)
Temporary Uses
Carnival or Festival T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Section
60.300.030H.1)
Contractor's Office T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Section
and Yard 60.300.030H.2)
Food Truck T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Section
60.300.030H.3)
Garage Sale T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Section
60.300.030H.4)
Seasonal Sales T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Section
60.300.030H.5)
Storage Container T* T* T* T* T* T* T* T* T* A* A* A* A* A* Section
60.300.030H.6)

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030A: Applicability

Section 60.300.030 USE-SPECIFIC STANDARDS

A. Applicability
The Use-Specific Standards listed in this Section 60.300.030 apply to those uses listed on the
same line of the Allowed Uses Table, regardless of whether the uses are shown as Staff,
Planning Commission, or City Council approvals, and regardless of whether they are Primary,
Vacant, Accessory, or Interim.
B. Residential Uses
1) Congregate Housing and Dormitory
Developments shall meet the standards applicable to permitted Multifamily Dwelling, based
on the computation that three rooming or sleeping units equal one dwelling unit.
2) Dwelling, Cottage
a. Maximum development size is two acres.
b. Cottage developments have a separation requirement of one-quarter mile from other
cottage developments.
c. Each cottage development may have a maximum 16,000 square feet of gross floor area
in cottage units per acre.
d. A shared private common space containing at least 10 percent of each cottage
development shall be provided.
e. Individual cottage lots or portions of cottage development may not be subdivided or sold
individually.
f. Zone district lot and setback requirements shall apply to the cottage development, but
not to individual cottage dwelling sites.
g. Each cottage development shall maintain a vegetated buffer, meeting the standards in
Section 60.400.060D, Bufferyards, applicable to multifamily dwellings, along each side
and rear lot line, and no portion of any primary or accessory structure may be located in
that buffer area.
h. The applicant shall submit a Site Development Plan identifying individual cottage
dwelling sites, streets, parking areas, stormwater management facilities, common areas
and facilities, and any other features required to be identified by this UDC.
3) Dwelling, Multifamily
a. Where a multifamily structure shares a lot line with any Household Living use other than
another multifamily structure, the multifamily structure is subject to Neighborhood
Protection Standards, as described Section 60.400.020F.
b. See Section 60.400.070E.8), Usable Recreation Area, for requirements on recreational
areas in Multifamily Dwellings.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030B: Residential Uses

4) Manufactured Home Park

a. General Requirements
1) At the time of application Owner/applicants must comply with the licensing
requirements for manufactured home parks under Chapter 4630 of the Rules of
the Department of Health in the Minnesota Statutes.
2) Each manufactured home sited on a lot in a manufactured home park shall
conform to all Minnesota Statutes including but not limited to Chapter 327 and
shall bear an installation seal as defined in Minn. Stat. Ch. 327.31, Subd. 12.
b. Dimensional Standards
The following table states the applicable dimensional standards for manufactured home
parks in all districts.
Lot Dimensions (Minimum)
Lot Area 2,000 sq. ft. / manufactured home space
Lot Width 250 ft. / manufactured home space
Usable Open Space 200 sq. ft. / manufactured home space
Building Setbacks (Minimum in feet)
A Front 15
B Interior Side 5
Street Side 10
C Rear 10
Building/Structure Height (Maximum in feet)
D Primary Structure 26

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030B: Residential Uses

c. Development Standards
1) Manufactured homes that are not installed on a permanent foundation shall be
skirted with materials similar in color, texture, and appearance to the siding of the
manufactured home.
2) Anchorages and tie-downs constructed to comply with Articles 14-1 and 14-3 of
ROA 1994 (Uniform Administrative Code and Uniform Housing Code) shall be
provided on each manufactured home space or lot to prevent overturning or uplift
of the manufactured home.
3) Carports, patios, decks, and accessory buildings may be located in side and rear
setback areas of individual manufactured home sites. Such accessory buildings
may not be located in any setbacks, usable open space, or landscape buffers
required for the manufactured home community.
4) Storage sheds, accessory buildings, and carports shall be constructed of weather-
resistant materials.
5) All yard areas and other open spaces not otherwise paved or occupied by structures
shall be landscaped and maintained.
6) In cases where the owner of a manufactured home community intends to change
the use resulting in expiration or termination of resident occupancy, the owner shall
comply with Rochester City Code Section 5-18.
5) Nursing Home

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030B: Residential Uses

In the R-1, R-2, R-2x, R-3, and R-4 Districts, Nursing Home uses shall not have vehicle access
points from or channel a majority of the traffic generated by the use onto a Local residential
street.
6) Offender Transitional Housing
a. Offender Transitional Housing in Residential Districts
Offender Transitional Housing may be established in an Agricultural and Residential
District if separated from other Offender Transitional Housing as shown in the table:
District Separation Required
R-1 1,000 feet or greater
R-2 and R-2x 600 feet or greater
R-3 400 feet or greater
R-4 No minimum separation

b. Offender Transitional Housing in Non-Residential Districts

1) There shall be no required minimum separation distance between Offender
Transitional Housing uses in Non-Residential districts.
2) In Non-Residential districts, proposed Offender Transitional Housing that is within
500 feet of an Agricultural and Residential District may not cause the sum of the
population capacity (rooming or sleeping units) of Offender Transitional Housing to
exceed 10 percent of the sum of dwelling units and lodging units in parcels within a
radius of 500 feet of a proposed Offender Transitional Housing use, except that
where the sum of dwelling and lodging units within 500 feet is fewer than 100, the
population capacity of Offender Transitional Housing units shall not exceed 10
persons.
c. Offender Transitional Housing for Sex Offenders
Any Offender Transitional Housing providing or intending to provide housing to a
designated predatory offender as defined by state law or administrative rule must meet
the separation requirements provided in this Section. Except where otherwise specified,
the separation distances shall be measured from the property lines of both the offender
housing and the facility from which it shall be separated.
1) Separation by a distance of not less than 1,000 feet is required from the following
facilities:
(a) Outdoor youth facilities in existence or included in approved General
Development Plans;
(b) Public active recreation parks under 10 acres in size in existence or planned;
(c) The playground area of any existing or planned public active recreation park over
10 acres in size that is equipped with one or more playgrounds;
(d) A licensed child day care facility except for a family day care facility;

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Section 60.300.030 Use-Specific Standards Section 60.300.030C: Public, Institutional, and Civic Uses

(e) Existing public or private childcare facility, elementary schools, and secondary
schools; and
(f) Quarry Hill Park in its entirety.
2) Separation by a distance of not less than 500 feet is required from a day care or a
residential care facility licensed to operate as of the date of Conditional Use Permit
application for the Offender Transitional Housing use.
7) Residential Care Facility
a. Licensing and Approval
1) Residential Care Facility shall be licensed under the State of Minnesota and proof
of such licensing is required prior to Zoning Certificate approval.
2) In all districts, a Residential Care Facility serving six or fewer dependents is a
permitted use and may be approved by Staff provided that the proposed use meets
the requirements for Single-Family Detached Dwellings. Where single-family
dwellings are not permitted, the proposed use must meet the requirements for the
R-2 District.
3) Residential Care Facility serving between 7 and 16 dependents is a permitted
multifamily use and may be approved by Staff approval in the R-3 and R-4 Districts,
provided that the proposed use meets the requirements applicable to Multifamily
Dwellings. In the R-1 and R-2 Districts, such development shall be a conditional use
subject to Planning Commission approval.
4) Residential Care Facilities serving more than 16 dependents in Agricultural and
Residential District require Planning Commission approval of a Conditional Use
Permit as described in Section 60.500.050A.
b. Spacing Requirements
No two Residential Care Facilities that require Planning Commission approval may locate
within one-quarter mile of each other unless the two uses are separated by a physical
barrier such as an arterial street, Non-Residential zoning, or topographical features that
could mitigate the need for separating the uses. In such instances the request for a
Zoning Certificate shall be processed with Planning Commission approval.
C. Public, Institutional, and Civic Uses
1) Cemetery
Uses shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.
2) Community Center
Uses shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030C: Public, Institutional, and Civic Uses

3) Community Garden
a. Structures
1) Greenhouses and hoop houses are limited to a maximum height of 15 feet, shall be
located at least 10 feet from any lot line, and may not cover more than 25 percent
of the property.
2) Cold frames are limited to a maximum height of 12 feet and shall be located at
least 10 feet from any abutting lot with an occupied residential use.
b. Operational Standards
1) Retail sales are not a permitted use on the Community Garden site, except for the
sale of produce grown on that site.
c. Soil Quality
Food products grown in soil native to the site may be sold if the applicant can provide
documentation to the Community Development Director that the following standards are
satisfied:
1) A composite sample of the native soil, consisting of no less than five individual
samples, has been tested for lead content and the lead content in the soil is
determined to be at or below the residential screening levels for soil exposure,
direct-contact for lead established by the Minnesota Pollution Control Agency; and
either:
(a) Proof through maps, deeds, prior permits, or a combination of those sources that
the site has only been used for residential or agricultural activities in the past; or
(b) A composite sample of the native soil, consisting of no less than five individual
samples, has been tested for metal content using the US EPA 3050B, 3051, or a
comparable method and that the metals arsenic, cadmium, mercury,
molybdenum, nickel, selenium, and zinc are determined to be at or below the
residential screening levels for soil exposure, direct-contact established by the
Minnesota Pollution Control Agency.
2) If metal content in soil exceeds established thresholds, food products may only be
grown in raised beds filled with clean topsoil.
3) As an alternative to meeting the above standards, food products may be grown in
clean soil brought to the site without completing a soil test of the soil native to the
site.
4) Day Care Facility
a. Licensing and Approval
1) Day Care Facilities must be licensed by the State of Minnesota and proof of such
licensing shall be required prior to Zoning Certificate approval.

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Section 60.300.030 Use-Specific Standards Section 60.300.030C: Public, Institutional, and Civic Uses

2) In all Agricultural and Residential District, a day care facility serving 14 or fewer
dependents is permitted and may be approved by Staff provided that the use meets
the requirements for Single-Family Detached Dwellings. In zoning districts where
single-family dwellings are not permitted, the applicable requirements shall be
those of the R-2 district.
3) A Day Care Facility serving between 15 and 20 dependents is permitted and may
be approved by Staff in the R-3 and R-4 districts, provided that the use meets the
requirements for Multifamily Dwellings. In the R-1 and R-2 Districts, such use must
be approved by the Planning Commission.
4) Day care facilities serving more than 20 dependents require Planning Commission
approval as described in Section 60.500.050A, Conditional Use Permit, in
Agricultural and Residential districts.
b. Locational Requirements
The portions of the lot or parcel on which the day care center is situated must be located
300 feet or more from any Heavy Industry use. The day care center may be an internal
part of, attached to, or freestanding from the structure housing the primary use on the lot
or parcel.
5) Emergency Service
The site must provide direct access to a collector, arterial, or expressway.
6) Funeral Home
a. Location Requirements in the R-3 District
The use must be located at the intersection of a collector street and a higher order
street.
b. Location Requirements in the R-4 District
The site must provide direct access to a collector, arterial, or expressway.
7) Medical Facility
a. Access Requirements in the R-1, R-2, R-2x, R-3, and R-4 Districts
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. Location Requirements in the MX-N District
The site must provide direct access to a collector, arterial, or expressway.
8) Place of Worship
Uses shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030D: Commercial Uses

9) School
Schools that provide educational services to Kindergarten through 5th Grade can be located
on any street. All other Schools shall not have vehicle access points from or channel a
majority of the traffic generated by the use onto a Local residential street.
10) Social Services
a. In Agricultural and Residential districts, the use must be located at the intersection of a
collector street and a higher order street.
b. For social services providing overnight shelter, the facility shall be located along a
regularly serviced transit route, at the discretion of the Community Development Director.
D. Commercial Uses
1) Adult Entertainment
a. Compliance with the Rochester Code of Ordinances Chapter 5-11 is required.
b. The use must be located at the intersection of a collector street and a higher order
street.
c. All adult entertainment uses shall be located not less than 750 feet from any Agricultural
and Residential District boundary, place of worship, school, or youth facility.
d. No adult entertainment establishment shall locate within 750 feet of another adult
entertainment use.
2) Agriculture Production
In all districts except the AG district:
a. Agriculture production is not permitted outside of the AG District.
b. The animal density shall not be greater than one animal unit per one acre of pasture; and
any structure used for the housing of livestock or poultry shall be located a minimum of
50 feet from any property line.
c. Changes to the operation of existing nonconforming Animal production that expand or
intensify existing uses are permitted and may be approved by Staff, however City Council
approval is required where the Community Development Director determines that:
1) the operations constitute an industrial use involving the compounding, processing
and packaging of products for wholesale or retail use involving more than five
outside employees; or
2) the use is within 400 feet of any residential use; and
a) the changes may create safety hazards or
b) the changes may cause an increase in the emittance of noise, odor, or other
nuisance
3) Air Transportation

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030D: Commercial Uses

a. General Requirements in All Districts

1) All required state and federal approvals including but not limited to the Federal
Aviation Administration for design and operation of the facility shall be obtained
and maintained in effect at all times when the facility is in operation.
2) Air transportation facilities shall be designed so as to discourage trespassing by
unauthorized personnel.
3) The use shall not include any retail, service, or advertisement activity that is not
directly related to the operation of the facility unless the underlying land is zoned to
permit such use.
4) Landing strips shall have a clear zone of 1,000 or more feet provided at the end of
the runway that shall be controlled and maintained by the owner of the facility and
kept free of uses or structures not associated with operation of the landing facility.
5) Landing pads shall have a planted area maintained around the perimeter of the
pad by the owner of the facility to minimize noise, dust, and other hazards where
necessary to protect surrounding residential properties.
b. Access Requirements in the MX-G, MX-I, and LI Districts
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
4) Art Studio and Workshop
In residential districts and in the MX-N district, the maximum allowed area for an Art Studio
and Workshop is 4,000 square feet.
5) Bar and Tavern
a. Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. In the MX-N district, the use shall not be located on a lot abutting a residential district.
6) Bed and Breakfast
In the R-2, R-2x, R-3, and R-4 districts, a Bed and Breakfast shall comply with the following
criteria:
a. The proprietor of a Bed and Breakfast must also be the owner and occupant of the
property.
b. In the R-2 district, Bed and Breakfast will be limited to a maximum of three double
occupancy guest rooms, unless the lot for the proposed bed and breakfast is 20,000
square feet or larger in area, in which case, a maximum of five double occupancy guest
rooms is permitted.
c. In the R-3 and R-4 districts, Bed and Breakfast will be limited to a maximum of five
double occupancy guest rooms.

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d. In Agricultural and Residential districts, one small, unlighted sign, not exceeding two
square feet of display area is permitted. Such signs shall be attached to the front of the
dwelling. In the R-3 and R-4 districts, one sign not exceeding four square feet shall be
permitted, except on a lot that has public road frontage along a collector or higher level
street or on a lot that directly abuts a Non-Residential zoning district. In those instances,
one sign not exceeding 12 square feet is permitted.
e. No Bed and Breakfast facility shall be permitted on a lot that is less than 10,000 square
feet in size.
f. One off-street parking space plus one parking space for each guest room shall be
provided, in the R-2x district only one-half of a parking space shall be provided for each
guest room and shall meet the provisions of Section 60.400.080E Minimum and
Maximum Vehicle Parking Required.
g. The dwelling proposed for a Bed and Breakfast must consist of at least 1,500 square
feet of habitable floor area.
h. Guest stays are limited to no more than 14 consecutive days.
i. A distance separation of at least 500 feet must be maintained between bed and
breakfast uses in the R-2 district. No distance separation is required in the R-2x, R-3, and
R-4 districts.
7) Business or Personal Service
a. Access Requirements in the R-2x, R-3, R-4, and MX-N Districts
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. Hours of Operation Restrictions
Business and Personal Service uses may only operate during the times specified in the
table below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-2x 7AM -- 9PM
R-3 7AM -- 9PM
R-4 7AM -- 10PM
MX-N 6AM -- 10PM
MX-S 6AM -- 10PM
8) Campground or RV Park
a. The density of proposed developments shall not exceed 20 sites per acre.
b. Spaces for trailers shall be at least 25 feet wide, and a 30-foot separation between any
designated site and a residential zoning district boundary shall be maintained.
c. Recreational space equal to 10 percent of the site area shall be provided, with no single
recreational area smaller than 400 square feet in size.

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9) Construction Office
a. Construction offices shall not have vehicle access points from or channel a majority of
the traffic generated by the use onto a Local residential street.
b. Storage of materials, vehicles, and other equipment associated with the operation of the
business shall only be permitted in the side or rear yards, outside of any required
bufferyard area
c. Any exterior storage associated with a Construction office is subject to all applicable
standards in Section 60.400.090, Exterior Storage.
10) Fast Food Restaurant
a. Location Requirements in the R-4 and MX-N Districts
The use must be located at the intersection of a collector street and a higher order
street. Use not permitted abutting a single family or duplex residential use.
b. Hours of Operation Restrictions
Fast Food Restaurant uses may only operate during the times specified in the table
below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-4 6AM -- 10PM
MX-N 6AM -- 11PM
MX-S 6AM -- 11PM
11) Fueling Station
a. Site area improvements devoted to the dispensing of fuels are permitted to encroach
within any required yard, but no closer than five feet from any property line.
b. Fuel pumps shall be no closer than 15 feet from any right-of-way line or property line.
12) Indoor Entertainment or Recreation
a. Location Requirements
1) In the R-3, R-4, and MX-N districts, the site must provide direct access to a
collector, arterial, or expressway.
2) In the R-4 and MX-N districts, any establishment containing over 15,000 square
feet of gross floor area shall be located at the intersection of a collector or higher
order street with another collector or higher order street.
b. Hours of Operation Restrictions
Indoor Entertainment or Recreation establishments may only operate during the times
specified in the table below. If a district is not listed, then no hours of operation
restrictions apply.
District Permissible Hours of Operation
R-3 6AM -- 10PM

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R-4 6AM -- 10PM

MX-N 6AM -- 10PM
MX-S 6AM – 10PM
13) Indoor Gun Range
Each Indoor Gun Range shall comply with the following standards.
a. The building and method of operation shall comply with Minn. Stat. Ch. 87A, included but
not limited to the noise standards in Minn. Stat. Ch. 87A and MN Rules 7030.
b. An Indoor Gun Range shall not sell or dispense an Alcoholic Beverage, nor shall it be
located in a building that contains a business that sells or dispenses an Alcoholic
Beverage. An Alcoholic Beverage shall not be sold, stored, or consumed on the premises
of the Indoor Gun Range at any time.
c. The design and construction of the Indoor Gun Range shall completely confine all
ammunition rounds within the building and in a controlled manner.
d. The design of the Indoor Gun Range shall be performed by a professional engineer
registered in the state of Minnesota and such design must contain specification as to thy
ammunition to be used in such Indoor Gun Range.
e. No ammunition shall be used in the Indoor Gun Range that exceeds the certified design
and construction specifications of the Gun Range.
f. Each Indoor Gun Range shall have a clear and concise safety plan.
g. The applicant shall provide and maintain proof of liability insurance that shall require the
insurer to notify the Community Development Director in writing of a cancellation of the
policy, a change in the limit of the policy, and/or a change in policy ownership. The policy
shall be executed and provided to the Community Development Director prior to the
issuance of the certificate of occupancy and shall be available for inspection by the
Community Development Director.
h. Signs shall be posted in the entry of the structure and within the Gun Range space
specifying that minors shall be accompanied by an adult at all times. This includes
firearm safety classes that must be supervised by an adult instructor.
i. Applicant shall operate and manage the Indoor Gun Range in conformance with all
federal, state, and local laws and regulations related to the use, sale, rental, and
transportation of firearms.
j. The most current edition of the National Rifle Association's Range Source Book: A Guide
to Planning and Construction shall serve as best practices for shooting range
performance standards.
k. Required Certificate of Occupancy Documentation
Prior to occupying the building, requesting a temporary certificate of occupancy, or a final
certificate of occupancy the applicant shall provide a certified inspection from the
engineer that demonstrates compliance all provisions in this section including but not
limited to those related to building construction, containment design and construction,

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caliber of firearms for which indoor gun range is certified, noise requirements, and
executed proof insurance.
l. Hours of Operation Restrictions
Indoor Gun Range uses may only operate during the times specified in the table below. If
a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-G 7AM -- 10PM
LI 7AM -- 10PM
SI 7AM -- 10PM
14) Motor Freight and Warehousing
In the MX-G, LI, and SI districts, uses shall not have vehicle access points from or channel a
majority of the traffic generated by the use onto a Local residential street.
15) Motor Vehicle Sales, Leasing or Storage
a. Outdoor display areas for vehicles are only permitted in the BP, MX-G, and LI districts.
b. Outdoor storage areas for vehicles that are not for sale or lease are only allowed in LI
district.
16) Neighborhood Food and Service
a. Access Requirements in the MX-N District
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. Hours of Operation Restrictions
Neighborhood Food and Service uses may only operate during the times specified in the
table below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-N 6AM -- 10PM
MX-S 6AM -- 10PM
17) Office
a. Location Requirements in R-4 District
Offices shall be limited to:
1) The ground floor of a multi-story building; or
2) If located in a freestanding building, shall not exceed 2,000 square feet of gross
floor area.

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b. Access Requirements in the R-4 and MX-N Districts

Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
c. Hours of Operation Restrictions
Office uses may only operate during the times specified in the table below. If a district is
not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-4 7AM -- 10PM
MX-N 6AM -- 10PM
MX-S 6AM -- 10PM
18) Outdoor Entertainment or Recreation
a. Design Requirements in All Districts
1) Sound amplification systems shall be designed so that the noise level at the
property line does not exceed the maximum decibel level permitted in the zoning
district applicable to the adjacent property.
2) The development shall be designed so that no bulb or light source in a ground level
fixture is visible from any public right-of-way or adjacent residential properties.
3) Incidental commercial facilities, such as refreshment stands or pro shops, are
permitted subject to the condition they are operated primarily for the patrons of the
facility and no outdoor advertising of business or products is maintained.
4) Parking areas and other areas of intense activity, such as bleachers or rides, shall
be setback at least 30 feet from any other property line, and parking surfaces shall
have an all-weather surface.
b. Requirements for Uses Involving Firearms
1) If the proposed use is an open range or gun club involving the use of firearms, all
shooting stations shall be at least 1,000 feet from property lines unless designed
so as to baffle noise and provide protection from accidental or stray ammunition
discharge for surrounding properties.
2) The most current edition of the National Rifle Association's Range Source Book: A
Guide to Planning and Construction shall serve as best practices for shooting range
performance standards.
c. Access Requirements in the MX-G, MX-I, LI, and SI Districts
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.

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d. Location Requirements for Certain Uses

Outdoor Entertainment or Recreation uses that are of greater intensity than conventional
outdoor athletic facilities because of 1) the noise and traffic volumes they may generate;
2) the glare they produce; or 3) the potential danger they may create from flying objects
or the use of weapons. Uses in this category include, but are not limited to, amusement
parks, racetracks (auto, go-cart, motorcycle) or ranges (skeet, rifle, or archery). This
category of uses must provide direct access to a collector, arterial, or expressway.
e. Hours of Operation Restrictions
Outdoor Entertainment or Recreation uses may only operate during the times specified in
the table below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-S 6AM -- 11PM
LI 6AM -- 11PM
SI 6AM -- 11PM

19) Parking Garage

a. Compliance with Development Standards
In addition to the parking standards in Section 60.400.070F.5), Iconic Building
Alternatives, parking lots shall comply with the following requirements as applicable.
b. General Requirements
1) Façade openings that face any public right-of-way or publicly accessible open space
shall be vertically and horizontally aligned and all floors fronting on such façades
shall be level.
2) Parking structures shall be designed to conceal the view of all parked cars below
hood level, and to conceal internal light sources, from adjacent public rights-of-way
and publicly accessibly open space.
3) The ground floor of each parking structure façade facing a public or private street
shall be designed with a minimum floor to ceiling height of 13 feet, and with no
driving aisle located within 20 feet of the street facing façade (except for required
vehicle entryways) to allow those ground floor frontages to be used or converted to
non-parking uses permitted in the zone district in the future.
c. Additional Standards for the MX-T District
No primary use parking garage unrelated to a park and ride location shall be located
within the MX-T district, except in the MX-T Village subdistrict. In park and ride locations
designated by the City:
1) The street-facing façade of the parking garage shall have a minimum floor-to-ceiling
height of 13 feet for a depth of at least 30 feet from the street to allow for
conversion to a non-parking use in the future.

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2) The façade of a parking structure facing a street shall comply with the design
standards in Section 60.400.070F.5), Iconic Building Alternatives.
20) Parking Lot
a. Compliance with Development Standards
In addition to the parking standards in Section 60.400.070F.5), Iconic Building
Alternatives, parking lots shall comply with the following requirements as applicable.
b. General Requirements for Primary Use Parking Lots
1) In the MX-S district, the only type of parking lot permitted is a public parking lot.
2) In the MX-N district, the only type of parking lot permitted is a public parking lot that
is approved by Planning Commission. The street frontage of a parking lot in the MX-
N district shall not exceed 60 feet and shall be screened from public view by a solid
wall three feet in height constructed of durable maintenance free material or a
dense evergreen hedge three feet in height.
c. Spacing Requirements in the MX-N District
Parking lot uses must be located at least 1,500 feet from each other.
d. Standards for the MX-T District
1) No primary use surface parking lot unrelated to a park and ride location designated
by the City shall be located within the MX-T district.
2) Primary use surface parking lots in park and ride locations designated by the City,
and required or permitted accessory parking lots shall comply with the following
standards:
(a) No portion of the parking lot shall be located within 20 feet of any lot line facing a
public or private street (not including alleys), or closer to any public or private
street (not including alleys) than the façade of a primary structure, whichever
requires the greater distance from the front lot line.
(b) An area of at least six feet in width shall be located between each edge of the
parking lot facing a public or private street and that street. Such area must be
occupied by a pedestrian gathering space with seating, a bicycle parking area, or
a landscaped buffer.
(c) Surface parking lots with more than 100 parking spaces shall be organized into
smaller modules that contain 50 or fewer spaces each and that are visually
separated from other parking modules by buildings or landscaped areas.
(d) Surface parking lots and structures containing more than 50 parking spaces shall
provide clearly identified pedestrian routes between parking areas and the
primary pedestrian entrance(s) to the building(s) served by the parking areas. The
pedestrian routes shall be designed and located to minimize the pedestrian
routes interface with traffic circulation routes, and to provide pedestrian
walkways with direct pedestrian access to the primary building entrance(s).

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21) Research and Testing

In the Medical Subarea of the MX-D district, Research and Testing uses shall be related to
the medical community/industry either by providing support services to existing institutions
within the subdistrict or by providing research in the field of medicine on an independent
basis.
22) Standard Restaurant
a. Location Requirements in the R-4 District
The use must be located at the intersection of a collector street and a higher order
street.
b. Hours of Operation Restrictions
Standard Restaurant uses may only operate during the times specified in the table
below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-4 6AM -- 10PM
MX-N 6AM -- 11PM
MX-S 6AM -- 11PM

23) Retail, Neighborhood

a. Access Requirements in the MX-N District
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking
standards, do not occupy required landscaped areas, do not occupy required front
setbacks, and do not obstruct sidewalks or walkways.
c. Hours of Operation Restrictions
Neighborhood Retail uses may only operate during the times specified in the table below.
If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-N 6AM – 10PM
MX-S 6AM – 10PM

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24) Retail, Small

a. Access and Location Requirements
1) Requirements in the R-2x and R-3 District
(a) Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
(b) The site must provide direct access to a collector, arterial, or expressway.
2) Requirements in the R-4 District
The use must be located at the intersection of a collector street and a higher order
street.
b. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking
standards, do not occupy required landscaped areas, do not occupy required front
setbacks, and do not obstruct sidewalks or walkways.
c. Hours of Operation Restrictions
Small Retail uses may only operate during the times specified in the table below. If a
district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-2x 6AM – 7PM
R-3 6AM – 7PM
R-4 6AM -- 10PM
MX-N 6AM -- 11PM
25) Retail, Medium
a. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking
standards, do not occupy required landscaped areas, do not occupy required front
setbacks, and do not obstruct sidewalks or walkways.
b. Hours of Operation Restrictions
Retail Trade uses may only operate during the times specified in the table below. If a
district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-S 6AM -- 10PM
MX-C 6AM -- 10PM

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26) Retail, Large

a. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking
standards, do not occupy required landscaped areas, do not occupy required front
setbacks, and do not obstruct sidewalks or walkways.
b. Building Entrances
Large retail buildings shall have clearly defined, highly visible customer entrances
featuring no less than three of the following elements:
1) Canopies or porticos;
2) Overhangs;
3) Recesses/projections;
4) Arcades;
5) Raised corniced parapets over the door;
6) Peaked roof forms;
7) Arches;
8) Outdoor patios;
9) Display windows;
10) Architectural detail such as tile work and moldings integrated into the building
structure and design; or
11) Integral planters that incorporate landscaped areas and places for sitting.

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c. Building Articulation
1) Large retail buildings shall incorporate two or more of the following design elements
on each façade visible from a street:
(a) Changes in wall plane, such as projections or recesses, having a wall offset of at
least one foot depth, and located a minimum of every 40 feet. Each required
offset shall have a minimum width of 10 feet;
(b) Distinct changes in texture and color of wall surfaces;
(c) Variations in roof form and parapet heights;
(d) Vertical accents or focal points.
2) Side walls exceeding 30 feet length shall have façade articulating elements such as
columns and/or changes in plane, texture, or masonry pattern.
27) Veterinary and Animal Services
a. In the MX-N and MX-S districts animals shall be kept in a completely enclosed building at
all times.
b. In other districts, outdoor exercise runs are permitted provided they are enclosed on four
sides by a sight obscuring fence or wall at least six feet in height, and that animals are
kept indoors from 9 p.m. until 7 a.m.
E. Industrial Uses

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1) Heavy Industry
Uses shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.
2) Junkyard
a. General Requirements
1) The junkyard operation shall be conducted within a building or within a yard
enclosed on all sides by a wall or solid fence at least eight feet in height.
2) Openings equipped with a gate or door not exceeding 24 feet in width, or not
exceeding the minimum width needed to allow access to railroad lines or spurs
serving the property, are permitted to allow vehicle access into the site.
3) Openings for vehicle access shall be closed when the establishment is not open for
business.
b. Access Requirements
1) Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
2) Uses shall not take access to any local or collector street where access to the site
from the primary street system (arterials, expressways, and freeways) by way of the
collector or local results in traffic passing through a residential area.
c. Hours of Operation Restrictions
Junkyard uses may only operate during the times specified in the table below. If a district
is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
SI 5AM – 11PM

3) Quarry
a. Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
b. Uses shall not take access to any local or collector street where access to the site from
the primary street system (arterials, expressways, and freeways) by way of the collector
or local results in traffic passing through a residential area.
c. Storage of materials, vehicles, and other equipment associated with the operation of a
business shall only be permitted in the side or rear yards setbacks, outside of any
required bufferyard area, and controlled by bumper stops or other means so as not to
cross over the lot line.
4) Repair and Maintenance Shop
a. All operations and storage must be conducted within an enclosed structure.

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b. Repair and Maintenance Shops uses may only operate during the times specified in the
table below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-N 6AM – 10PM
MX-S 6AM – 10PM

5) Sand or Gravel Excavation

a. Exterior Storage
Storage of materials, vehicles, and other equipment shall only be permitted outside of
any required bufferyard area and controlled by bumper stops or other means so as not to
cross over the lot line.
b. Environmental Review Required
1) A proposed excavation activity shall be subject to appropriate Environmental
Review pursuant to Section 60.500.030D.1)a Environmental Review below and,
where determined by the Community Development Director to be necessary,
Environmental Review Program documents shall be prepared by the applicant.
2) Environmental Review Program documents may include, among other things,
Environmental Assessment worksheets and Environmental Impact Statements.
3) The documents shall be reviewed prior to final action by the City on any
development related permit needed for the proposed excavation activity.
c. Access Requirements
1) Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
2) Uses shall not take access to any local or collector street where access to the site
from the primary street system (arterials, expressways, and freeways) by way of the
collector or local results in traffic passing through a residential area.
6) Self Service Storage Facility
a. Standards in Agricultural and Residential Districts
1) No Self-Service Storage Facility shall be used for any commercial activity (including
for hire transfer and storage operations), repair and maintenance activity, or any
industrial operations.
2) Storage of flammable liquids or combustible, corrosive, explosive, radioactive, or
other and hazardous materials is prohibited.
3) Exterior areas for the storage of recreational vehicles are permitted.
4) This use shall only be approved in an Agricultural and Residential District if:
(a) There are natural buffers separating the site from surrounding residential uses
that will be retained as part of the site development, or

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(b) The property abuts an existing Non-Residential district, and natural features of
the site, such as shallow bedrock or poor subsoil conditions, make the
development of residential uses on the site economically unfeasible.
b. Standards in Mixed Use and Non-Residential Districts
1) Drive aisles between structures must be a minimum of 18 feet between the nearest
points of buildings.
2) In addition to the main access one emergency access must be provided on the site.
The emergency access must consist of a gate and drive over curb.
3) Where access to the facility is provided by a card reader or otherwise controlled two
stacking spaces must be provided between the card reader and the lot line.
4) A minimum setback of 10 feet from the nearest point of the building to the lot line
is required to allow for emergency vehicle access.
5) Accessory uses permitted include only outdoor vehicle storage and resident
manager dwelling.
6) Storage of flammable liquids or combustible, corrosive, explosive, radioactive, or
other and hazardous materials is prohibited.
7) If the facility is located in the MX-G or MX-D districts all storage shall be contained
within a fully enclosed structure that:
(a) Is at least a two-story structure with climate-controlled storage units on upper
floors only with access doors to storage units accessed from interior hallways;
and
(b) Does not have any garage doors or access doors to any storage unit facing any
public street, park, or open space, unless the doors are screened from all visible
public streets, parks, and open spaces.
c. Hours of Operation Restrictions
SSSF uses may only operate during the times specified in the table below. If a district is
not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-G 6AM -- 11 PM where use is adjacent to a residential
zoning district
BP 6AM -- 11 PM where use is adjacent to a residential
zoning district
LI 6AM -- 11 PM where use is adjacent to a residential
zoning district

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7) Wholesale Facility
a. Loading Requirements
Sufficient off-street loading space to handle anticipated vehicles shall be provided, along
with the sufficient room on-site to allow maneuvering of vehicles so as to preclude the
need to use the public right-of-way for backing movements.
b. Access Requirements in the MX-S, MX-C, MX-G, LI, SI, and BP Districts
Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
c. Hours of Operation Restrictions
Wholesale Facility uses may only operate during the times specified in the table below. If
a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-G 6AM – 10PM

F. Utility, Communication, and Energy Uses

1) Commercial Wireless Telecommunication Service
The following regulations shall apply to all Commercial Wireless Telecommunication Services
(CWTS) in any zone district, unless specified otherwise:
a. Small Wireless Facility Construction Criteria
The installation or attachment of an antenna or other wireless communications
equipment using small cell technology to stand-alone streetlight poles shall be subject to
the criteria set forth below.
1) General Requirement
In all cases, the existing pole shall be replaced with a replacement pole.
2) Pole Criteria
(a) Only one installation per pole on a first come, first served basis is permitted.
(i) The wireless equipment is not permitted to protrude more than five feet
above the streetlight luminaire itself.
(ii) The mounting height of the luminaire on the streetlight pole shall be no more
than 35 feet.
(iii) The mast arm length of a replacement pole shall match the existing
streetlight pole being replaced.
(iv) The color and surface treatment of the replacement pole shall match the
surrounding area poles. Color criteria for poles shall be as follows:

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a. In the MX-T and MX-D districts, 30 feet height – black finish

b. All districts except the MX-T and MX-D, 30 feet height – galvanized or gray
finish
c. All districts except MX-T and MX-D, 20 feet height – stainless steel finish
(no paint)
d. Shoppes on Maine Area, 14 feet and 25 feet height – dark green
(v) No Company signs are permitted to be placed on a streetlight pole, including
a replacement pole, except to the extent required by local, state, or federal
law or regulations.
(vi) All pole attached wireless equipment must be a minimum 10 feet from the
sidewalk elevation.
(vii) All ground based wireless equipment, including, but not limited to, equipment
cabinets or power pedestals, shall be placed at the back of the right-of-way
whenever possible.
(viii) All pole-mounted equipment shall match the color of the replacement
pole.
(ix) For each individual pole type or style used to support the wireless equipment,
one spare replacement pole shall be provided by the applicant to the City at
the end of the project so that the pole can be replaced promptly in case of a
knockdown.
(x) All plans shall be signed and sealed by a Professional Civil and Electrical
Engineer.
(xi) All other details in the City Street Light Design Standards shall apply.
(xii) The replacement pole and the wireless equipment attached to the pole shall
not increase the diameter of the existing pole that is replaced by more than
60 percent, not to exceed eight inches total, or increase the height of the
existing pole by more than 10 percent, not to exceed four feet.
(xiii) Antennas shall be limited to snug-mount, canister-mount, and
concealed antennas and mounted no more than six inches off the pole.
(xiv) All cables or wires for the attached wireless equipment shall be
located inside the pole except where such cables or wires attach to the ports
in the antenna.
(xv) When wireless equipment is attached to a replacement pole, the primary
purpose of the pole shall remain as a pole structure supporting a streetlight
luminaire and related streetlight fixtures used to provide lighting to the City
right-of-way.

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3) Equipment Cabinets
(a) Equipment cabinet locations shall comply with the height and development
standards of the underlying zoning district.
(b) Equipment cabinets with air-conditioning shall be enclosed by walls and setback
a minimum of 15 feet from lots where the existing or planned primary use is a
single-family dwelling.
(c) No more than one equipment cabinet and/or power pedestal shall be located at
and serve any one pole site.
4) Additional Information Required for Above-Ground Utility Structures
All permit applications to place or install above ground structure greater than 24
inches must be accompanied by the following information:
(a) Evidence or documentation that, where the above-ground structure is over 36
inches in height, given its proposed location, the structure will comply or be in
compliance with applicable City regulations and this UDC.
(b) City will provide documentation that identifies a potential site for replacement
within neighborhood. The site will be selected on the basis of aesthetics and
technical/engineering restrictions.
(c) Evidence that the structure shall be placed on the same side of the right-of-way
as refuse containers or utility poles. The structure shall not block trash truck
access and alley access.
(d) Verification of sight-triangle compliance.
(e) Three photographs of the proposed structure, one at 90 degrees, the other two at
45 degrees on either side of the proposed location. Identify the location of the
proposed structure, mark the location with white tape, and/or use an orange
traffic cone.
(f) Evidence or documentation of the dimension of the structure.
(g) Evidence or documentation that the structure shall not exceed 36 inches in
height in front of the front yard of a residential home.
(h) Information as to the specifications of the structure, if available.
b. Stealth Design (Concealment) Required
1) Any proposed CWTS, excluding co-locations of antennas on existing unconcealed
towers and public utility co-locations, shall use concealed technology.
2) The CWTS shall be the least visually and physically intrusive as possible and shall
have the least adverse visual effect on the environment and its character, existing
vegetation, and nearby residences.
3) In the R-1, R-2, R-2x, and R-3 districts, concealed installation on an existing building
shall only be permitted on a permitted Non-Residential structure.

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4) A CWTS is considered concealed if the Community Development Director

determines that the facility is:
(a) Aesthetically integrated with existing buildings, structures, and landscaping to
blend in with the nature and character of the built and natural environment,
considering height, color, style, massing, placement, design, and shape.
(b) Located on existing vertical structures, including utility poles and public utility
structures to the maximum extent practicable.
(c) Located in areas where the existing topography, vegetation, buildings, or other
structures provide the greatest amount of screening of the CWTS.
(d) Located so that it is not readily visible or identifiable as a CWTS.
5) Consistent with federal law, these concealment requirements shall not be
administered so as to have the effect of prohibiting the provision of wireless
telecommunications services.
c. Maximum Height
1) Co-locations on any existing unconcealed CWTS tower or existing structure: 75 feet.
2) Freestanding CWTS: 65 feet.
3) Stealth Facilities on Existing Structures: No taller than the existing structure, unless
fully screened from view from all streets abutting the property, in which case the
CWTS may exceed the existing structure height by 10 feet.
d. Location and Separation of Freestanding CWTS
1) A freestanding CWTS is prohibited in the following locations:
(a) Within 100 feet of the property line of any Residential zone district.
(b) Within 50 feet of an existing right-of-way.
(c) Within any setback required by the underlying zone district.
2) New freestanding CWTS shall be located a minimum of 1,000 feet from any other
freestanding CWTS, as measured from the wall or fence of each freestanding
CWTS. This requirement does not apply to a freestanding small-cell CWTS.
3) No new freestanding CWTS shall be allowed unless the Community Development
Director determines, upon the applicant’s demonstration, that no existing tower,
structure, or public utility structure can be used in lieu of new construction to
accommodate the applicant’s proposed CWTS. Evidence that demonstrates that co-
location or public utility co-location cannot be used in lieu of new construction to
reasonably accommodate the proposed CWTS shall consist of an affidavit with
supporting exhibits submitted by the applicant addressing all of the following:
(a) That no existing tower, structure, or public utility structure within a ½ mile radius
meets the minimum engineering requirements and/or lacks available space to
support the proposed CWTS.

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(b) That co-location or public utility co-location of the proposed CWTS would cause
unavoidable electromagnetic interference with the antenna(s) on the existing
towers, structures or public utility structures, or the antenna(s) on the existing
towers, structures, or public utility structures would cause interference with the
applicant’s proposed CWTS.
(c) That there are other limiting factors that render existing towers, structures, or
public utility structures within the ½ mile radius unsuitable.
(d) That the owners of existing towers, structures, or public utility structures within
the ½ mile radius will not allow the applicant to place its CWTS on that facility, or
such owners are requiring payments for such placement that substantially
exceed commercially reasonable prices.
e. Lighting and Signage
1) Only security lighting or lighting required by a state and/or federal agency is
permitted, however additional lighting is permitted provided all of the following
conditions are met:
(a) The location and cut-off angle of the light fixture shall be such that it does not
shine directly on any public right-of-way or any lot containing a residential use.
(b) The lighting shall not have an off-site luminance greater than 1,000 foot lamberts
at any point and shall not have an off-site luminance greater than 200 foot
lamberts measured from any private property in any Residential zone district.
2) Only signage required by state or federal law is permitted.
f. Abandonment
Any CWTS that is not in use for three consecutive months shall be removed by the CWTS
owner within the following three months.
1) Upon removal, the site shall be revegetated to blend with the existing surrounding
vegetation.
2) If there is no vegetation on a CWTS site, the site shall be returned to its
preconstruction condition.
3) The facility owner shall notify the City when removal of the facility occurs.
g. Interference
Every CWTS shall meet the regulations of the Federal Communications Commission, or
any successor of that agency, regarding physical and electromagnetic interference.
h. Health Issues
Every CWTS shall meet health and safety standards for electromagnetic field emissions
as established by the Federal Communications Commission or any successor of that
agency, and any other state or federal agency.

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i. Co-location
1) Co-locations are encouraged.
2) Co-location on a concealed CWTS shall maintain the concealed nature of the
facility. Otherwise, such co-locations are not subject to the concealment
requirements in Section 60.300.030F.1)a.
3) The installation or attachment of an antenna or other wireless communications
equipment using small cell technology to stand-alone streetlight poles shall be
subject to the criteria set forth below.
4) Stealth Design (Concealment) Required, but shall be done in the least visibly
intrusive manner, to blend in with the existing structure and its surroundings.
5) The equipment cabinet(s) shall be not more than three feet by four feet by 18
inches deep, at least 10 feet and no more than 20 feet high.
6) No provision of this UDC shall be interpreted to prevent a co-location of CWTS as
required by the Federal Telecommunications Act and Middle Class Tax Relief and
Job Creation Act (2012) (as amended and interpreted by the federal courts),
including without limitation processing of applications for approval of “eligible
facilities” and treatment of Telecom Facilities that do not propose “substantial
changes” to existing facilities, as those terms are defined in the Act.
j. Landscaping and Screening
1) All freestanding CWTSs shall be surrounded by an opaque wall or fence at least six
feet and not more than nine feet high.
2) All freestanding CWTSs shall include vegetation that is planted and maintained to
screen ground equipment facilities from public view.
3) Freestanding small-cell CWTSs are not subject to the landscaping requirements in
Subsections 1 and 2 above, but must comply with the following requirements:
(a) Equipment shall be screened by a wall, fence, or other method including but not
limited to an equipment cabinet, or decorative feature that fully screens the
equipment with opaque material.
(b) Equipment and screening materials shall not block pedestrian pathways and
sidewalks.
2) Solar Collector, Ground- or Building-Mounted
a. General Standards for All Solar Collectors
1) All exterior electrical lines shall be buried below the surface of the ground when
possible.
2) All systems shall comply with all City and state building and electrical codes.
3) The property owner shall notify the electrical utility where the solar system is
connected to the electrical utility system.

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4) If the solar collector system ceases to perform its originally intended function for
more than 12 consecutive months, the property owner shall remove the collector,
mount and associated equipment and facilities by no later than 90 days after the
end of the 12-month period.
b. Accessory Ground-Mounted Solar Collectors
Accessory ground-mounted solar collectors shall:
1) Be located in a side or rear yard setback only;
2) Be set back at least six feet from the side and rear property line;
3) Not be located within an easement;
4) Be located so as to minimize glare visible from abutting properties;
5) Not exceed 15 feet in height with panels oriented in a vertical position; and
6) Be included in determining the maximum coverage of structures on the lot.
c. Accessory Building-Mounted Solar Collectors
Accessory building-mounted solar shall:
1) Not extend more than 18 inches above the maximum height permitted in the
zoning district in which it is located;
2) If mounted to a portion of the roof ending at, or extending over, the front façade of
the building, shall be mounted so that the edge of the device is set back at least
one foot from the edge of the roof closest to the front lot line; and
3) If mounted to the wall of a building, may extend into or over no more than 33
percent of the depth of a minimum yard or setback that is required along a side lot
line but shall not extend closer than four feet to a side lot line.
d. Principal Ground-Mounted Solar Collectors
Principal ground-mounted solar collectors shall:
1) Be set back at least 25 feet from any property line abutting a residential zoning
district, and at least 15 feet from any property line if adjacent to Mixed Use or Non-
Residential zoning district.
2) Not exceed 25 feet in height when oriented at maximum tilt;
3) Be located so as to minimize glare visible from an abutting property; and
4) Be considered in determining the maximum coverage of structures on the lot.
3) Utility, Major
Utility uses required in connection with a Major Utility use do not require additional
approvals.
4) Wind Energy Conversion System (WECS), Ground or Building Mounted

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a. Height Limitation
1) Ground-Mounted WECS shall not exceed the height permitted in the applicable
zoning district.
2) Building-Mounted WECS may not exceed the height permitted in the applicable
zoning district by more than five feet.
b. Setbacks
1) A ground-mounted WECS located on a single lot shall be set back from each
property line at least 1.1 times the total height of the WECS.
2) A ground-mounted WECS located on a project site that contains two or more
abutting properties shall be set back from each project site boundary shown in the
application at least 1.1 times the total height of the WECS.
3) Each ground-mounted Small Utility WECS shall be set back from each on-site
dwelling unit at least 1.1 times the total height of the WECS.
4) A WECS that is placed on a primary or accessory structure and does not exceed the
maximum height in the applicable zoning district shall meet the minimum setback
for the primary or accessory structure in the zoning district where it is located.
5) If a WECS attached to a primary or accessory structure receives approval for
additional height through the Section 60.500.070CA Variance process, the WECS
shall be set back from each property line at least 1.1 times the total final height of
the WECS.
6) The blades of a WECS placed on a primary building shall not extend beyond the
property line in any operational position.
7) Substations, facility buildings, and other accessory structures that are part of the
WECS shall comply with the required primary building setbacks for the zoning
district in which the project is located.
c. Separation Distance
1) Each ground-mounted WECS with blades that spin on a horizontal axis and with a
height of more than 100 feet shall not be located within 600 feet of any state
wildlife management areas, other Minnesota Department of Natural Resources
lands, Types 3-5 wetlands, and flood control reservoirs.
2) No components of a WECS shall be located within or encroach within 10 feet from
any power line.
d. Number of Systems in Agricultural and Residential Districts
No more than one ground-mounted WECS is permissible per development site in the R-1,
R-2, and R-2x districts.

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G. Accessory Uses and Structures

All accessory uses shown in the Allowed Uses Table shall comply with the following standards
unless an exception is provided elsewhere in this UDC.
1) General
a. No accessory use or structure shall be established or constructed unless a Zoning
Certificate has been issued that establishes compliance with all applicable provisions of
this UDC.
b. Inadequate Dwelling Facilities: No garage, tent, trailer, recreational vehicle, accessory
building, basement or cellar shall at any time be used as a dwelling, except as provided
for within this UDC.
2) Limitation on Establishment
No accessory use or structure shall be constructed or established on any lot prior to the time
of the substantial completion of construction of the primary use or structure to which it is
accessory.
3) Accessory Structures in Agricultural and Residential Districts
The following general regulations apply to detached garages, accessory buildings, and
accessory structures in all Agricultural and Residential districts.
a. Location
1) Detached garages, accessory buildings, and structures accessory to a residential
use must be located in a side or rear yard area, but not closer than 18 inches of
any side or rear lot line, and not in any area where the building or structure is
prohibited by Subsection b below.
2) Additional location requirements
The following are in addition to Subsection a above:
(a) No accessory structure may be located within five feet of an alley; and
(b) No accessory building that provides street-accessed parking for vehicles or
recreational vehicles shall be located closer to any side lot line than one-half of
the side setback required for the primary structure on the lot.
b. Lot Development Standards
1) Location Requirements
Unless otherwise permitted, garages or accessory structures that are attached to and
an integral part of the primary structure or building shall be located in the buildable
area.
2) Setback Requirements
Garages or accessory structures that are attached to and an integral part of the
primary structure or building may encroach 20 percent into the minimum rear yard
setback.

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3) Coverage Requirements
a. When located in the rear yard setback, accessory structures shall occupy no
more than 35 percent of the rear yard setback area.
b. If any part of the accessory structure is located in the side yard, the accessory
structure shall occupy no more than 15% of the lot area.
c. Detached accessory buildings or structures shall not exceed the size of the
primary structure.
4) Floor Area and Separation Requirements
(a) The sum of the individual gross floor area of each primary and accessory building
on a lot shall not exceed the maximum floor area ratio, if any, for the applicable
zoning district, unless otherwise provided by an exception in this UDC.
(b) A roof may not extend beyond the wall more than six inches where located within
18 inches of a side or rear lot line.
(c) Separation of accessory structures from primary structures shall be as required
by the Building Code.
4) Accessory Structures in Non-Residential Districts
a. Accessory buildings and structures associated with a non-residential use shall meet all
setback requirements for the primary building on the lot and shall not interfere with
provision of required landscaping on the lot.
b. No accessory building in a Non-Residential district shall exceed the height of the primary
building unless provided for in this Section.
c. The combined lot coverage of accessory buildings or structures and the primary building
or structure located on the same lot or site shall not exceed the permitted lot coverage
for the district. Structures under 200 square feet in floor area are exempt from the lot
coverage computation.
5) Accessory Dwelling Unit
a. General
1) There shall be no more than one accessory dwelling unit on a lot.
2) If the accessory dwelling unit is located in a district that only allows a single
principal dwelling unit on the lot, either the principal dwelling unit or the accessory
dwelling unit must be the primary permanent residence of the owner of the lot.
3) An accessory dwelling unit must not contain more than 1,000 square feet of gross
floor area.
4) No portion of a lot on which an accessory dwelling unit is located may be
subdivided from or legally described differently than the lot containing the principal
dwelling unit, and no portion of a structure containing an accessory dwelling unit
may have ownership different from the ownership of the principal dwelling unit.

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5) Recreational vehicles and storage containers may not be used as accessory

dwelling units.
b. Additional Standards for Attached Accessory Dwelling Units
1) An attached accessory dwelling unit shall maintain the architectural design, style,
appearance, and character of the principal dwelling by incorporating design
elements of the principal dwelling such as similar façade materials, façade colors,
window style, and roof design and pitch, and shall not have a primary entrance to
the accessory dwelling unit located on the front façade of the principal dwelling.
2) An attached accessory dwelling unit must meet the same setbacks as the principal
dwelling unit on the lot.
c. Additional Standards for Detached Accessory Dwelling Units
1) Detached accessory dwelling units shall only be located in the rear or side yard.
2) The detached accessory dwelling unit shall be located no closer than 6 feet to the
principal dwelling, or the minimum separation distance as required by Building
Code.
3) The detached accessory dwelling unit must meet the same side setbacks as the
principal dwelling unit, and may be no closer than 10 feet to an alley or the rear lot
line.
4) The architectural style of the accessory dwelling unit, including but not limited to
massing, roof shape, and exterior appearance shall be compatible with that of the
principal dwelling unit on the lot.
5) The accessory dwelling unit shall be connected to the closest adjacent right-of-way
by a paved pedestrian pathway of at least three feet in width.
6) Animal Husbandry
Horses, llamas, and animals that typically weigh more than 100 pounds when mature or that
are typically raised for sale or profit are only permitted in the AG district.
7) Billboard
a. Spacing
All billboards erected after December 22, 1992, shall comply with the following spacing
standards:
i. No billboard shall be located within 1,000 feet of another billboard located on the
same side of the street. Distances between billboards shall be measured along the

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adjacent right-of-way line of the street or highway where the billboard is directed as
shown in Figure 1a.
ii. No billboard shall be located within a 100 foot radius from the intersection of the
rights-of-way of two or more streets or highways as shown in Figure 1b.
iii. No billboard shall be located within 200 feet of the intersection of a street and a
railroad right-of-way. The distance shall be measured from the center point of the
street-railroad intersection to the nearest edge of the billboard as shown in Figure 1c.
iv. No billboard shall be located within 300 feet of a Place of Worship, School, or
Medical Facility. This distance shall be measured from the nearest edge of the
billboard to the Place of Worship, School, or Medical Facility to the closest point on
any boundary line of the Place of Worship, School, or Medical Facility property as
shown in Figure 1d. This restriction only applies to Place of Worship, School, or
Medical Facility properties that abut the same right-of-way where a billboard is
oriented, regardless of whether the billboard is located on the same side or the
opposite side of the right-of-way as the Place of Worship, School, or Medical Facility.
v. No billboard shall be located within 250 feet of a boundary of an Agricultural and
Residential district. This distance shall be measured from the nearest edge of the
right-of-way to the closest point on any boundary of the Residential district as shown
in Figure 1e.
vi. No billboard shall be located within 300 feet of and oriented toward the following
portions of the following streets and highways within the City:
1) County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and
northerly to Trunk Highway 52 at 55th Street NW,
2) County State Aid Highway 22 from Trunk Highway 14 at the University Center
northerly and westerly to Trunk Highway 63 at 37th Street NW; and
3) 55th Street NW from Trunk Highway 52 easterly to County Road 133 (West River
Road).

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Figure 1a

Figure 1b Figure 1c

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Figure 1e
Figure 1d

8) Drive-In Facility
a. That portion of the site area used for vehicle circulation and parking shall be hard-
surfaced to control dust and shall be setback at least 30 feet from any other property
line.
b. Waste receptacles shall be provided at all exits where readily disposable goods or
materials are offered for sale and pick-up through the drive-through.
c. Devices such as speakers shall be designed so that the noise level at the property line
does not exceed the maximum decibel level permitted in the zoning district applicable to
the adjacent property or the existing ambient noise level as measured at the property
line, whichever is greater.
d. The development shall be designed so that no ground level light sources are visible from
any public right-of-way or adjacent residential properties.
e. Incidental commercial facilities, such as refreshment stands, are permitted subject to the
condition they are operated primarily for the patrons of the facility and no outdoor
advertising of business or products is maintained.
f. MX-T and MX-S District Requirements
Drive-in facilities in the MX-T and MX-S Districts shall not:
1) Be located or designed so that vehicles using the drive-in facility pass between any
public or private street and any portion of any façade of the primary building facing
that street; and
2) Be accessed directly from, or be located on a lot(s) with a driveway approach onto,
N. or S. Broadway, SW. 2nd St., or SE 4th St./Collegeview Rd.

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9) Fuel Tank
a. An accessory fuel tank may be permitted in any zoning district for the purpose of heating
on site structures.
b. Such fuel tanks shall be located in the buildable area of the lot or the required rear yard
setback, subject also to the fire protection regulations, and shall be screened from
adjacent properties with low hedges, evergreens, or other plant materials in association
with a fence.
10) Garage
a. General
1) Unless stated otherwise in this UDC, detached garages for residential uses shall be
excluded from the floor area ratio calculation.
2) Detached garages for residential uses shall be included in the calculations to
determine lot coverage by buildings, structures, and paved surfaces.
3) The location and size of detached garages for residential uses shall not interfere
with installation of all required landscaping on the lot.
b. Attached Garages
Garages attached to a dwelling unit, which face the front property line, must maintain a
19 foot minimum setback
11) Greenhouse
In Agricultural and Residential districts, greenhouses are limited to a maximum height of 15
feet, shall be located at least 10 feet from any lot line, and may not cover more than 25
percent of the property.
12) Home Occupation
All Home Occupations require Staff approval and may only be approved if the following
standards are met.
a. The Home Occupation may not involve the use of an accessory building, dwelling unit, or
structure on the lot, except for uses using recreational facilities such as swimming pools
or tennis courts.
b. The Home Occupation shall not occupy more than 25 percent of the livable area of the
dwelling unit or 1,000 square feet, whichever is less.
c. The Home Occupation shall not involve internal or external alterations or construction
features not normally found in dwellings and shall not include a separate entrance.
d. Other than a member of the family residing in the dwelling unit, only one outside
employee may be engaged in the Home Occupation.
e. No Home Occupation may involve the boarding of animals or keeping of fowl or farm
animals, except as otherwise provided by any provision of the Rochester Code of
Ordinances.

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f. No Home Occupation may use a mechanical equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical interference detectable off the premises,
including those that create visual or audible interference on any radio or television
receiver located off the premises.
g. No exterior storage of equipment or materials in connection with the Home Occupation
and no display of products, goods, or services that is visible from outside the dwelling
unit are permitted.
h. Only articles made or originating on the premises shall be sold, unless the articles are
incidental to a permitted commercial service.
i. Traffic that may be generated shall not be of such magnitude as to have a significant
detrimental effect on the capacity of streets in the area.
j. Only one vehicle used in connection with the Home Occupation shall be stored or
stopped on the premises, and such vehicle shall not be a dump truck, wrecker, or fuel oil
delivery truck, or other truck with a gross vehicle weight of over 10,000 pounds.
k. Any permit approving a Home Occupation is valid for only the person, the business, and
the location named in the application, and may not be transferred to another person,
business, or location.
l. In the R-1 and R-2 districts, one small, unlighted professional sign, not exceeding two
square feet of display area, and attached to the front of the dwelling, is permitted.
m. In the R-3 and R-4 districts, one sign not exceeding four square feet shall be permitted,
except on a lot that has public road frontage along a collector or higher level street or on
a lot that directly abuts a Non-Residential zoning district, one sign not exceeding 12
square feet is permitted.
n. Each individual home occupation sign within a Multifamily Dwelling shall be no greater
than two square feet in size, and there shall be no more than a cumulative total of 12
square feet of signage permitted for the Multifamily Dwelling.
13) Outdoor Eating Area
Outdoor eating areas located on a public right-of-way shall comply with the following
standards:
a. No sale or service shall be permitted in any portion of a street designated for vehicular
travel or circulation.
b. Structures and equipment shall not be permanently installed in the public right-of-way.
c. Sidewalks shall be swept and washed daily by the permit holder.
d. Trash disposal and electricity must be provided from within the establishment.
e. A minimum of five feet of sidewalk width must remain unobstructed for passage by
pedestrians.
f. A permit is required for all uses located on public property or rights-of-way pursuant to
the Rochester Code of Ordinances, Chapter 9-8.
14) Recreational Vehicle Parking

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030G: Accessory Uses and Structures

The parking and storage of recreational vehicle and recreational equipment on a lot is
permitted subject to the following restrictions.
a. In the R-1, R-2, and R-2x districts only one RV may be stored on a lot.
b. Parking and storage are permitted at all times within an enclosed building or within the
rear yard.
c. Recreational vehicles under 18 feet in length and seven feet in height, or recreational
equipment under 18 feet in length, may be parked on an established driveway in a
required front or side yard meeting the provisions of Section 60.400.020E, General
Dimensional Standards.
d. Recreational vehicles and equipment over 18 feet in length, or seven feet in height may
be parked on an established driveway, provided they are set back a minimum of 20 feet
from the back of the curb, where present, or the paved area of the street.
e. Recreational vehicles or equipment that require licensing must have a valid current
license in order to be stored outside upon a property within a residential zoning district.
f. Recreational vehicles may not be used as permanent accessory structures within any
residential zoning district or as an accessory dwelling unit.
15) Recycling Drop Box
a. A recycling drop box may be located anywhere on a lot except in a required traffic
visibility area or a required bufferyard.
b. Each recycling drop box shall be setback from all property lines a distance equal to the
height of structure.
16) Related Service Facility
a. The gross floor area of all retail and service facilities within a Multifamily Dwelling shall
not be greater than 25 percent of the gross floor area of all the dwelling units in that
structure or 4,000 square feet, whichever is less.
b. The facility shall be operated only for the residents, employees, or guests of the primary
use and their guests. When provided in the R-4 District, such facilities are exempt from
this requirement and may be open to the public on a fee or other basis.
17) Residence for Caretaker or Security Guard
a. A residence for caretaker of security guard is permitted for any commercial or industrial
use for the purpose of security.
b. The residence may be either an integral part of the primary building or detached from it.
18) Residential Management or Sales Office
a. In any multifamily or manufactured housing development, one dwelling unit may be
devoted to use as an office for management of the development or as a headquarters for
sales, leasing, or management of other dwelling units in the development.
b. One freestanding sign not to exceed six square feet in size shall be permitted for
identification purposes.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030G: Accessory Uses and Structures

c. Off-street parking equal to that required for office uses shall be provided.
19) Swimming Pool and Tennis Court
No swimming pool or tennis court shall be allowed in any Agricultural and Residential District
unless it complies with the following requirements.
a. The pool or court shall not be operated as a business or private club, except when
allowed as a permitted home occupation.
b. The pool or court shall not be located in any required front or required side yard and shall
not be closer than 10 feet to any property line of the property.
c. Pump and filter installations for pools shall not be closer than 20 feet to any property
line.
d. For an in-ground or surface swimming pool, the pool or the property where the pool is
located shall be enclosed by a fence of a type that effectively controls the entrance by
children to the pool area. For an in-ground pool, a mechanically controlled cover can be
used in lieu of fencing requirements.
e. For an above ground swimming pool, the pool shall be equipped with an automatically
retractable type ladder, a retractable ladder, a removable ladder or shall be fenced in as
stated in this Section. The ladder must be removed or retracted when the pool is not
being attended.
f. Enclosed pools and courts shall be considered as structures for purposes of regulations
limiting lot coverage.
20) Urban Agriculture
a. Compliance with other City Regulations
Urban Agriculture uses must comply with the Rochester Code of Ordinances Title 3.
b. Structures
1) Greenhouses and hoop houses are limited to a maximum height of 15 feet, shall be
located at least 10 feet from any lot line, and may not cover more than 25 percent
of the property.
2) Cold frames are limited to a maximum height of 12 feet and shall be located at
least 10 feet from any abutting lot with an occupied residential use.
c. Operational Standards
1) Retail sales shall be prohibited on the Urban Agriculture site, except for the sale of
produce grown on that site.
2) The site drainage and maintenance shall prevent water and fertilizer from draining
onto adjacent property that is not part of the contiguous land in the Urban
Agricultural use.
3) Compost piles shall not exceed six feet in height. Refuse and compost area shall be
enclosed at ground level to be rodent-resistant.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030H: Temporary Permits

4) No outdoor work activity that involves power equipment or generators may occur
between sunset and sunrise.
H. Temporary Permits
1) Carnival or Festival
a. No structure or equipment shall be located within 100 feet of any residential property
line.
b. May occur on Non-Residential primary uses such as places of worship, community
centers, and schools.
c. In Agricultural and Residential districts, the permit is limited to events of 200 or fewer
participants that are less than two days.
2) Contractor’s Office and Yard
a. General Requirements
1) Permitted in any district where it is incidental to a construction project.
2) The office or shed shall not contain sleeping or cooking accommodations and shall
be removed upon completion of the construction project.
b. Access Requirements in the MX-S, MX-N, MX-G, and MX-I Districts
Shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.
c. Hours of Operation Restrictions
Contractor’s Offices and Yards may only operate during the times specified in the table
below. If a district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-N 6AM -- 10PM
MX-S 6AM -- 10PM

3) Food Truck
Compliance with the Rochester Code of Ordinances Chapter 5-21 is required.
4) Garage Sale
Garage sales are limited to no more than three sales per calendar year at any one property,
and each sale may not exceed three consecutive calendar days.
5) Seasonal Sales
a. Sale areas shall be set back a minimum of 20 feet from any right-of-way.
b. Seasonal sales are only permitted for a period of 45 days or less.
6) Storage Container

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030H: Temporary Permits

a. General
1) No storage container shall be located on a lot before a Site Development Plan
review has been completed and a Zoning Certificate has been issued, unless the
storage container is already shown on an approved Site Development Plan.
2) No storage container may be used for temporary or permanent human occupancy.
b. Standards in Agricultural and Residential Districts
All storage containers in Agricultural and Residential Districts shall:
1) Only be permitted on site containing a Park, School, Place of Worship, and for a
period not to exceed six months per year.
2) Be set back at least 50 feet from each property line abutting a residentially zoned
lot.
3) Be set back at least 25 feet from each public street.
4) Be set back at least 50 feet from each property line abutting a street when
residential dwellings are located across the street.
5) Be an earth tone color and may have an identification sign with no more than two
square feet of sign area.
c. Standards in Mixed Use and Non-Residential Districts
Container storage area in Mixed Use and Non-Residential Districts must meet the
following requirements. These standards do not apply to truck trailers or semi-trailers
that are actively being used for the transportation of merchandise and are temporarily
located adjacent to loading docks of a primary structure.
1) Container Storage as a Primary Use of Land
(a) This primary use of land shall comply with all standards applicable to Heavy
Commercial Services in the LI and SI districts.
(b) A Site Development Plan review and Zoning Certificate is required for this use.
2) Container Storage as an Accessory Use of Land
Storage containers are a permitted accessory use only within the MX-G, LI, and SI
districts for those use categories that permit exterior storage or display in the
applicable zoning district. Container storage of merchandise is permitted only when
incidental to the permitted use located on the same lot.
3) Storage Container Location
(a) Storage containers must meet Exterior Storage standards as specified in Section
60.400.090.
(b) Storage containers may be located within the buildable area of a lot, provided
that:
(i) They shall be set back from each public right-of-way by at least 25 feet.

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030H: Temporary Permits

(ii) The container storage area shall not be located on any part of a yard between
the front or side street lot line and the primary structure or building.
(iii) They shall not be located on utility or drainage easements.
4) Maximum Permitted Heights
The maximum height permitted shall be nine and one-half feet above the finished
grade.
5) Site Impact
The area of a lot designated for storage containers shall be included as a part of the
floor area and all related calculations including floor area ratio and landscape area.
The area on a property designated for storage containers shall not exceed the outer
dimensions of the primary structure or 10 percent of the gross floor area, whichever
is less. Where Large Retail use or a Heavy Commercial Services Use proposes to use
storage containers, the containers shall be located within the permitted exterior
storage area and must be calculated as part of the exterior storage area as regulated
by the district and by Section 60.400.090, Exterior Storage.
6) Site Improvements
(a) In the MX-G, LI, and SI districts, the area designated for storage containers shall
be required to provide a bufferyard as required for a Heavy Commercial Services
use.
(b) In the MX-G and LI districts, the storage container shall be completely enclosed
by a solid wall made of the same material and the same appearance as the
primary structure, and a gate that blocks the view of the storage area. The wall
shall be 10 feet in height. The gate shall be securable. A wall will not be required
where a Large Retail or Heavy Commercial Services use proposes to use storage
containers and the containers are located within the exterior storage area as
regulated by the district, and by Section 60.400.090, Exterior Storage.
7) General Standards
(a) Storage containers shall not be connected to utility services.
(b) Storage containers may not be used to store mixed municipal waste or other solid
waste or hazardous, flammable, explosive, corrosive, or biologically infectious or
contagious materials.
(c) The area used to park the storage containers shall be located on a lot that allows
the units to be moveable.
(d) No object may be stacked or stored on top of a storage container.
(e) Storage containers shall not be stacked vertically.
d. Temporary Placement
1) Storage Containers may not be located at an individual property for longer than:

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Chapter 60.300: Use Regulations
Section 60.300.030 Use-Specific Standards Section 60.300.030H: Temporary Permits

(a) 14 days if the property is located in a residential zone district or on a property

with a residential primary use in a Mixed Use district;
(b) 90 days if the property is located in a special purpose zone district or on a
property with a Non-Residential primary use in a Mixed Use district; or
(c) The time period between the issuance of the first building permit for construction
of new primary building or a major addition to an existing primary building and
the issuance of the last certificate of occupancy or use for the new or expanded
primary building.
2) Storage containers may not block fire lanes, no-parking zones or restrict emergency
vehicles, delivery, or other vehicle circulation.
3) The placement of the container shall not block the visibility for vehicles or
pedestrians entering or exiting the site.
4) No solid or hazardous waste or hazardous material is permitted in or around the
storage containers.
5) No materials may be stacked or stored on top of the storage container.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.010 Introduction and Applicability Section 60.400.010A: Purpose

Chapter 60.400 Development Standards and Incentives

Section 60.400.010 INTRODUCTION AND APPLICABILITY
A. Purpose
This Chapter includes standards that regulate the physical layout and design of development
within Rochester. These standards address the physical relationship between development and
adjacent or abutting properties, public streets, neighborhoods, and the natural environment, to
implement the vision of a more attractive, sustainable, equitable, and livable community laid out
in Rochester’s Comprehensive Plan.
B. Applicability
This Chapter 60.400 applies to new developments and changes of uses as stated in Table
400.01-1 Applicability of Development Standards.
Table 400.01-1 Applicability of Development Standards

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020A: Purpose

Table 400.01-1 Applicability of Development Standards

Distinctive General Site

Major Minor Change of
UDC Standard UDC Section Developmen Development Development
Subdivision Subdivision Use
t Plan [1] Plan
[1] Review of standards in this Chapter is not required for Comprehensive Plan amendments initiated by a party other than the
City if a Subdivision or Site Plan Development approval will be required prior to development.

Section 60.400.020 DIMENSIONAL STANDARDS

A. Purpose
This Section 60.400.020 is intended to provide dimensional standards and uniform methods of
measurements for interpretation and enforcement of the lot and building standards in this UDC.
B. Applicability
All development shall comply with this Section 60.400.020, unless another provision of this UDC
modifies these standards. Modifications of these dimensional standards may be found in Section
60.200.040, Overlay Districts, Section 60.400.120, Incentives, Section 60.400.020F,
Neighborhood Protection Standards or in other Sections of this UDC.
C. Multiple Non-Residential Buildings on a Lot
The following requirements apply when more than one building is proposed on a single lot, and
none of those buildings include a residential primary use.
1) The floor area shall not exceed the highest maximum floor area ratio applicable in the zoning
district where the development is located.
2) Where two or more buildings are developed on a single lot, the most restrictive appearance
and bufferyard standards shall be applicable to the entire development unless the
development is designed such that each building has a separately defined area on the lot
where different appearance and bufferyard standards can be reasonably applied.
3) Adequate access to each building or structure for Emergency Vehicles and apparatus shall
be provided.
4) The site design of the development shall take into account the potential for future
subdivision of the site so that adequate access by way of easement or lot pattern may be
provided to each building in the future.
D. Application of Setbacks
1) General Requirements
a. The principal building or principal use on a lot may not be located in a required setback
or in areas designated for private or common space on an approved Site Development
Plan.
b. On lots where the existing right-of-way width of an adjacent street is not consistent with
the planned right-of-way width as shown on an adopted Official Map or on the Long

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020D: Application of Setbacks

Range Transportation Plan, the required front setback shall be measured from the right-
of-way line of such street as designated on the Official Map or Long Range Transportation
Plan or official map.

c. On lots where all adjacent streets have not yet been platted but are shown in an
approved General Development Plan, the required front setback shall be measured from
the future right-of-way lines shown in the General Development Plan.
d. For earth sheltered and earth bermed buildings, yards shall be measured from the
exterior surface of the building regardless of whether it is above or below grade.
e. The minimum front setback shall be provided on a lot or site between the front lot line
and a front yard line established at a distance equal to the required front yard or
setback.
f. On a corner lot:
1) The owner shall designate one street frontage as the front lot line, and all other
street frontages shall be designated as side street lot line(s), except as noted in
Subsection 2) below.
2) If the lot is subject to lot width standards, and one or both street frontages do not
meet those requirements, the street frontage that comes closest to meeting lot
width standards shall be designated as the front lot line.
g. On a flag lot or a lot with no frontage, the Community Development Director shall
designate a front lot line by reference to the following design features:
1) The location of the structure’s primary entrances.
2) The orientation of the primary windows required by the Building Code or the
structure.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020D: Application of Setbacks

h. The minimum rear setback shall be provided on a lot or site between the rear lot line and
a rear yard line established at a distance equal to the required rear yard or setback.
i. On a triangular-shaped lot, the rear yard line is established by points located on the
intersecting lot lines (or that would intersect if extended to form a true triangle) that are
equidistant from the apex (or imaginary apex if a non-intersecting lot line were extended
to intersect) and that, when connected, create a line equal in width to the minimum width
at the building line.
j. The minimum side yard or setback is provided on a lot or site, between all side lot lines
and a side yard line established at a distance equal to the required side yard or setback
and extending from the front yard line to the rear yard line.
k. On corner lots where potential front and side lot lines create a continuous curve, a radial
line intersecting the midpoint of the curve shall be deemed the boundary between the
yards.
l. In no instance shall a setback greater than that established for the district be required.
2) Front Lot Lines on Private Roadways
Where a development uses private roadways to provide access to individual buildings within
the development, the front lot line shall be:
a. In the case of an access roadway, a line parallel to the edge of the roadway at a distance
from the edge of the roadway equal to the greater of:
1) Seven feet (to accommodate snow storage);
2) One foot for every five feet of roadway surface width; or
3) For any portion of the façade occupied by a garage or carport accessed from the
private street, at least 20 feet;
b. In the case of a limited access roadway, a line established at the edge of the roadway
surface;
c. In the case of a common driveway, the lot line if one is established or the centerline of
the driveway; or
d. In the case where a building is bounded on two or more sides by an access roadway or
limited access roadway, one side shall be considered a front yard and the remaining side
shall be considered a side street yard.
3) Front Yards on Cul-de-Sacs
On lots fronting a cul-de-sac or curvilinear street, the front yard setback shall be:
a. A straight line that is located as close as possible to the curved front lot line, but at no
point is closer to the front lot line than a distance that is 80 percent of the required front
yard; or
b. A line that is parallel to the front lot line at the required setback distance.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020E: General Dimensional Standards

4) Through Lots
On through lots, the lot line closest to the primary windows and entrances shall be
considered the front lot line. The opposite frontage shall be treated as a side street lot line.
5) Existing Small Lots
On any residential lot of record in existence as of January 1, 1992 that does not meet the
minimum lot size or dimensional standards for the zoning district in which it is located, the
depth of the minimum rear and side yard may be reduced by the same ratio that the actual
lot size bears to the minimum required lot size in the district where the lot is located, but the
reduction shall not exceed one-half of the minimum required rear or side yard depth, as
applicable.
6) Application of Setbacks on Alleys
When a side yard or rear yard on a lot abuts an alley, one-half of the width of the alley may be
counted towards meeting the side or rear yard setback requirement, but shall not result in a
building or structure being erected closer to the alley than half the distance of the minimum
required yard or, in the case of a rear yard, closer than three feet from the right-of-way line.
E. General Dimensional Standards
The following tables establish the dimensional standards for Agricultural and Residential, Mixed
Use, and Non-Residential districts. All development shall comply with the standards in Table
400.02-1 Agricultural and Residential Zoning Districts, Table 400.02-2 Mixed Use Zoning
Districts, and Table 400.02-3 Non-Residential Zoning Districts unless otherwise stated in this
UDC or another adopted City regulation. The dimensional standards in Tables in Table 400.02-1

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020E: General Dimensional Standards

Agricultural and Residential Zoning Districts, Table 400.02-2 Mixed Use Zoning Districts, and
Table 400.02-3 Non-Residential Zoning Districts may be modified by standards in Section
60.200.040, Overlay Districts, Section 60.400.120, Incentives, Section 60.400.020F,
Neighborhood Protection Standards or by other provisions of this UDC.
1) Agricultural and Residential Zoning Districts

Table 400.02-1 Agricultural and Residential Zoning Districts

AG R-1 R-2 R-2x R-3 R-4
Lot Dimensions (Minimum)
Lot Area 35 acres 5,000 sq. ft. 3,000 sq. ft. 2,000 sq. ft. 3,500 sq. ft. 6,000 sq. ft.
Lot Width 60 feet 60 feet 30 feet 30 feet 30 feet 60 feet
Building Setbacks (Minimum in feet)
Front 20 15 15 20 20 15
Street Side [1] [2] 12 12 11 10 12 7
Interior Side [3] 6 5 0 6 6 10
Sum of Interior
16 12 10 12 16 None
Sides
Rear, Primary
Building/Structure 25 20 10 20 25 15
[4]
Rear, Accessory
Building/Structure 6 6 6 6 6 6
on Corner Lots [5]
Building/Structure Height (Maximum in feet)
Primary Structure 35 35 35 45 48 115
Accessory
45 15 [6] 15 [6] 15 [6] 25 25
Structure
Other Standards
Maximum Floor
None None None None 1.5 None
Area Ratio
Maximum Length
of Building
Façade Fronting a None None None 80 feet None None
Public Right-of-
Way
Minimum
None 50% 40% 40% 35% 25%
Landscape Area
NOTES
[1] A 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
common lot line and the street side yard line.
[2] On any lot where a street side setback abuts a side lot line in any district other than and R-1 or R-2 district, the street side
setback within 25 of the abutting side lot line, a setback at least equal to one-half the width to the front yard setback on the
abutting lot shall be provided. On any lot where a street side setback abuts a side lot line of a lot in the R-1 or R-2 district, a
setback at least equal in width to the front yard required in the adjacent R-1 or R-2 district shall be provided.
[3] Lots on cul-de-sacs must also comply with Section 60.400.040C.3)f, Cul-de-Sacs.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020E: General Dimensional Standards

Table 400.02-1 Agricultural and Residential Zoning Districts

AG R-1 R-2 R-2x R-3 R-4
[4] See Section 60.400.020D.5), Existing Small Lots.
[5] Accessory buildings/structures facing a street shall be setback a minimum of 10 feet from the street side lot line, except
for garages accessed from the side street, which shall be set back a minimum of 20 feet from the street side lot line.
[6] 24 feet for Accessory Dwelling Units.

2) Mixed Use Zoning Districts

Table 400.02-2 Mixed Use Zoning Districts

MX-T [1] MX-D

Business
Corridor

Medical
MX-N MX-S MX-C MX-G MX-I

Village

Fringe
Node
Lot Dimensions (Minimum)
Lot Area None None None None None None None
Lot Width None None None None None None None
Building Setbacks (Minimum/Maximum, in feet)
Front 0 / 15 0 / 15 None 15 15 None None
Street Side
7 7 None 7 7 2 None
[2]
Interior Side 5 None None None 10 5 None
Sum of
10 None None None None 10 0 5 None
Interior Sides
Rear 5 None 7 None 8 5 0 5 None
Building/Structure Height (Maximum in feet)
Primary
24 36 48 60 70 65 85 95 135 185 235
Structure
Accessory
15 [3] 15 [3] 15 [3] 25 25 30 30 30 30 30 30
Structure
Other Standards
Maximum
Building None None None None None 300 300 300 None
Length
Maximum
Floor Area 0.5 2.0 0.7 1.0 1 4 5 5 None
Ratio
Minimum
Landscape 25% 15% 20% 15% 20% 5% 5% 5% 5% 8% 0%
Area
NOTES
[1] Section 60.200.030L.3), Additional District Standards contains additional limits on minimum building height, maximum building
setbacks, and requirements for the creation of pedestrian-oriented spaces in the front setback area.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020E: General Dimensional Standards

Table 400.02-2 Mixed Use Zoning Districts

MX-T [1] MX-D

Business
Corridor

Medical
MX-N MX-S MX-C MX-G MX-I

Village

Fringe
Node
[2] On any lot where a street side setback abuts a side lot line in any district other than and R-1 or R-2 district, the street side
setback within 25 of the abutting side lot line, a setback at least equal to one-half the width to the front yard setback on the abutting
lot shall be provided. On any lot where a street side setback abuts a side lot line of a lot in the R-1 or R-2 district, a setback at least
equal in width to the front yard required in the adjacent R-1 or R-2 district shall be provided.
[3] 24 feet for Accessory Dwelling Units.
.

3) Non-Residential Zoning Districts

Table 400.02-3 Non-Residential Zoning Districts

BP LI SI
Lot Dimensions (Minimum)
Lot Area 5 acres [1] None None
Lot Width None None None
Building Setbacks (Minimum in feet)
Front 25 25 25
Street Side [2] 12 12 12
Interior Side None None None
Sum of Interior Sides None None None
Rear 10 [3] 10 None
Building/Structure Height (Maximum in feet)
Primary Structure None [4] 40 [5] 50 [5]
Accessory Structure None None [6] None [7]
Other Standards
Maximum Floor Area
0.5 0.5 1
Ratio
Minimum Landscape
15% 8% 5%
Area
NOTES
[1] Applies to minimum area of contiguous land, rather than individual lots, and may be reduced by the
Community Development Director to reflect constraints such as sites bounded by arterial or higher level
streets, streams, or other topographic constraints, existing development, land already included in an
approved General Development Plan, or permanent open space that limits the inclusion of other abutting
lands.
[2] On any lot where a street side setback abuts a side lot line in any district other than and R-1 or R-2
district, the street side setback within 25 of the abutting side lot line, a setback at least equal to one-half
the width to the front yard setback on the abutting lot shall be provided. On any lot where a street side
setback abuts a side lot line of a lot in the R-1 or R-2 district, a setback at least equal in width to the front
yard required in the adjacent R-1 or R-2 district shall be provided.
[3] Rear Yard may be reduced to 0 feet when abutting a railroad.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.020 Dimensional Standards Section 60.400.020F: Neighborhood Protection Standards

Table 400.02-3 Non-Residential Zoning Districts

BP LI SI
[4] If within 100 feet of an Agricultural and Residential District, then the maximum height shall be 35 feet
for all structures.
[5] Maximum height only applies to new primary structures constructed after the Effective Date of the
UDC.
[6] If within 100 feet of an Agricultural and Residential District, then the maximum height is 50 feet for all
structures.
[7] If within 200 feet of an Agricultural and Residential District, then the maximum height is 50 feet for all
structures.

F. Neighborhood Protection Standards

1) Purpose
This Section 60.400.020F is intended to preserve the character of established residential
uses in Residential zoning districts by requiring that development on abutting Mixed Use and
Non-Residential properties take additional steps to mitigate their visual and other impacts on
the Residential zone district.
2) Applicability
The standards in this Section 60.400.020F apply to each Regulated Lot, as defined below.
a. Protected Lots
A Protected Lot is any lot in an Agricultural and Residential District that contains:
1) A Household Living use of 4 units or less, or
2) A Group Living use occupying a Single-Family Detached Dwelling.
b. Regulated Lots
A Regulated Lot is any lot in a Mixed Use or Non-Residential district, or a lot containing
more than four residential units in a Residential district, that is abutting to a Protected
Lot.
3) Building Setbacks
Along their common property line, the minimum side or rear building setback on each
Regulated Lot shall be 20 feet.
4) Building Height Stepdown
a. On each Regulated Lot, the maximum height of any portion of a primary or accessory
building within 100 feet of any common lot line with a Protected Lot shall be the
maximum height of a primary structure containing residential uses in of the zoning
district of the Protected Lot.

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b. Subsection (a) shall not apply if the maximum height of a primary structure in the zoning
district where the Regulated Lot is located is no greater than the maximum height of a
primary structure in the zoning district where the Protected Lot is located.
5) Outdoor Lighting Stepdown
On each portion of a Regulated Lot that is located within 100 feet of a common lot line with a
Protected Lot
a. The maximum height of each light pole and each outdoor lighting fixture shall be 15 feet.
b. The exterior lighting standard shall conform to the lighting standard of the Protected Lot.

6) Bufferyards
Along any common lot line with a Protected Lot, each Regulated Lot shall install a bufferyard
meeting the standards of a Level 4 bufferyard in Table 400.06-4, Bufferyard Levels, or
buffering of equal or greater effectiveness in mitigating the impacts of noise, lighting, glare,
odor, and vehicle activity, as determined by the Community Development Director.
7) Parking and Drive-through
On a Regulated Lot containing 10,000 square feet of gross lot area or more, no surface
parking area or drive-through lane shall be located within 50 feet of any common lot line with
a Protected Lot.

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8) Trash Storage
On a Regulated Lot, no waste, debris, or garbage storage shall be stored within 50 feet of
any common lot line with a Protected Lot.
G. Exceptions to the Dimensional Standards
1) Exceptions to Maximum Height Standards
In addition to any exceptions for uses listed in Section 60.300.030, Use Specific-Standards,
steeples, bell towers, chimneys, roof-mounted mechanical equipment, elevator equipment
enclosures, and similar architectural and mechanical elements, may exceed the maximum
height of the applicable zoning district by no more than 25 percent of the applicable
maximum height.
2) Exceptions to Minimum Setback Standards
a. The setback exceptions in Table 400.02-4 Authorized Exceptions to Setback
Requirements shall not authorize the encroachment of any development across property
lines or into a public right-of-way or over any easement that prohibits such
encroachment. Setback exceptions require a revocable permit in compliance with the
Public Works Engineering Standards.
b. Every part of a required setback shall be unobstructed from ground level to the sky
except as follows:
Table 400.02-4 Authorized Exceptions to Setback Requirements
Type of Exception Extent of Exception
Porches, balconies, canopies, stairways, steps, Allowed to extend no more than 33 percent of the
and necessary landings and decks, covered depth of a minimum yard or setback that is required
patios, enclosed courts, eaves, awnings, bay along a front, side, or rear lot line, but not closer than
windows, fire escapes, chimneys, and steps four feet to a side lot line
Allowed to extend no more than 33 percent of the
Climate controlled vestibule to prevent heat depth of a minimum yard or setback that is required
loss when entering or exiting a primary along a front, side, or rear lot line, but no closer than
structure 4 feet to a side lot line, and not to extend along more
than 33 percent of the façade on which it is located
Allowed up to 18 inches in any minimum side or rear
Uncovered terraces, patios, and other yard or setback but not closer than 10 feet to any
uncovered paved areas such as stoops front lot line.

Customary yard accessories, ornaments, and

furniture, such as freestanding flag poles, Allowed in any yard or setback area. Shall not exceed
statues, fountains, swings, picnic benches, accessory structure height restriction of the district.
lawn tables, chairs, and seats
Signs and gasoline pump islands Allowed in the minimum front and street side yards
Appurtenant structures that do not generate
noise, such as submerged pumps, television Allowed in any required yard or setback along a side
and radio antennas, satellite dishes, or rear lot line, but only bus shelters are permitted to
underground fallout and blast shelters, bus extend closer than three feet to any side lot line
shelters on private property, or clothes lines

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Table 400.02-4 Authorized Exceptions to Setback Requirements

Type of Exception Extent of Exception
Fence, wall, column, pier, post or any similar
type of structure, or any combination of such Allowed in any required yard or setback
structures
Appurtenant structures that may generate
Allowed in any front, side, or rear setback, but not
noise, such as air conditioning units, air
closer than four feet to any property line
exchangers, or heating units located at grade
Shall not be located in a required yard or setback
Private easement areas providing access for abutting a residential side lot line, and shall cross
lots with no frontage or where multiple required front yards at right angles to the longest
buildings are located on one lot dimension of the required yard unless part of an
approved off-street parking area
Allowed in any Agricultural and Residential District to
Equipment for a Geothermal Energy System, project into the side or rear yard up to five feet but
Ground-Mounted Solar Collector, and Ground- not closer than five feet to any property line. See
Mounted Wind Energy Conversion System Section 60.300.030F.2) and Section 60.300.030F.3)
for applicable use-specific standards
Wall projections required by Section
Allowed in any front, side, and/or rear setback
60.400.070F, Building Design
Garages, carports, recreational vehicle shelters Allowed within required setbacks and allowed to
or storage facilities for abutting lots, when both attach across lot lines, provided (1) they do not
lots are in common ownership constitute impediments to visibility at intersections of
streets or the intersections of driveways with streets,
and (2) they do not increase fire hazards, and (3) the
applicant records a deed restriction on both lots
prohibiting the sale of either lot independently of the
other until the improvement is brought into
compliance with required setbacks

Section 60.400.030 SUBDIVISION STANDARDS

A. Purpose
This Section 60.400.030 establishes standards to guide the design and review of proposed
developments involving the layout of new lots and streets and the installation of new public
facilities, or revisions to existing platted lot lines. The requirements of this Section 60.400.030
identify approvals that will be required to authorize any subdivision activity that is defined as a
subdivision by statute or City ordinance.
B. Applicability
1) This Section 60.400.030 shall apply to all subdivisions and land divisions located wholly or
partially within the City unless exempted by another UDC provision.
2) In case of a conflict between these provisions and applicable provisions of state law, the
provisions of this UDC shall be modified to the smallest degree necessary to comply with
state law.

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C. Subdivision Name
1) The proposed name of a subdivision shall be approved by Staff and shall not use a word that
is the same as, similar to, or pronounced the same as a word in the name of any other
subdivision in the City except for the words “court,” “addition,” “place,” “heights,” “hills,” and
similar words, unless the land platted is contiguous to and platted by the same applicant that
platted the existing subdivision bearing the name, or the applicant has obtained the written
consent of the party who platted the subdivision bearing that name, or Staff requires the use
of the same name for purposes of clear identification. To bear the same name as an existing
subdivision, the new subdivision must be contiguous.
2) Subdivision names and numbering shall be meet the requirements in Rochester Code of
Ordinances Chapter 9-1.
D. Vertical Subdivision
1) Purpose
The vertical subdivision is intended to allow a lot to be split into new lots that are defined by
complex multi-dimensional volumes.
2) Applicability
An applicant may request a Vertical Subdivision as part of Final Plat.
3) Approval Criteria
In the consideration of a Vertical Subdivision, City Council must consider the demand for
adequate public facilities generated by subsequent phases of the development and must
require a development agreement as to the design and construction of adequate on-site or
off-site public or private facility improvements required to serve the subsequent phases.
4) Complex Vertical Subdivision
a. Prior to the submittal of a Vertical Subdivision application, the developer must have first
obtained approval of a Site Development Plan; a Conditional Use Permit; or an Incentive
Development in accordance with the applicable procedures in Chapter 60.500,
Procedures and Administration.
b. Prior to submittal of a Vertical Subdivision application, the developer must have obtained
approval from the Community Development Department and City Fire Department.
c. All Vertical Subdivisions filed with the Community Development Director shall be subject
to the Final Plat procedure and subject to all other applicable requirements in this UDC.
E. Adequate Public Facilities
1) Purpose
This Section 60.400.030D establishes standards for required infrastructure improvements
associated with any subdivision or resubdivision. To be adequate, facilities must be
appropriate in type, availability, and capacity.

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2) Public Facilities
a. In a proposed subdivision, the required public facilities include, but are not limited to,
parkland, boulevard trees, streets, sidewalks, public sanitary sewer and water
extensions, storm water management facilities, soil erosion and sedimentation control,
and monumentation. Other items that are necessary or material to the project, such as
school sites, may be identified during the development approval process.
b. An applicant may seek to stage or phase development to link the timing of development
with the adequacy of public facilities. However, City Council shall consider the demand
for adequate public facilities generated by subsequent phases of the development and
must require a development agreement as to the design and construction of on-site or
off-site public or private facility improvements to serve those subsequent phases.
c. No subdivision or resubdivision may be approved unless the public facilities in existence
or to be constructed pursuant to an executed development agreement are adequate to
handle the demand on those public facilities generated by the development.
3) Use of Private Individual wells and Sewage Treatment Systems
a. Public facilities and utilities shall be installed according to the standards adopted by the
City or the agency providing the facility or utility. The use of private on-site sewage
treatment systems or private water supply to serve any new development or the use of
new or replacement on-site sewage treatment systems or private water supply to serve
existing development shall not be permitted unless:
1) City Council has determined that public utilities will not be reasonably available and
private utilities will not impair the ability to extend services in the future; and
2) The responsible Olmsted County Staff as identified in the Olmsted County
Environmental Services Administrative Ordinance finds that proposed geologic and
soil conditions and lot sizes are adequate to support the proposed use of private
utilities.
b. There shall be adequate area to relocate any drain field in the case of a system failure for
any lot authorized for on-site sewage treatment.
c. City Engineer approval shall be required for all planned work involving the use of public
facilities or public right-of-way.
d. City Engineer approval shall be required for all requests to connect private facilities to
public facilities.
4) Funding of Required Improvements
Required improvements reasonably related to the development shall be installed at the sole
expense of the applicant. Assessment of costs to subsequent users or payment of costs by
the City may be permitted as part of a development agreement approved by City Council.
5) Guarantees for Improvements
a. Bonds, letters of credits or surety deposits shall be required in the amount necessary to
cover the cost of installation, unless waived prior to commencing activity involving the

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installation of public improvements as part of a development agreement approved by City

Council.
b. Any unexpended portion of a Guarantee shall be returned to the applicant upon
satisfactory completion of the public improvements.
c. The Community Development Director and Parks and Recreation Director will waive the
requirement for a cash escrow, surety bond, or letter of credit related to Boulevard Trees
provided that the City and the developer have entered into a Boulevard Trees Green
Facilities Agreement that includes a private covenant providing for boulevard tree
planting, the proposed planting meets the standards of Section 60.400.030I, Boulevard
Trees and the agreement has been recorded, and where provision is made to assess for
any unpaid costs for assessments in accordance with Section 60.400.030DE.
6) Timing of Grading and Clearance
Land clearance prior to development of a parcel is prohibited. The owner of an undeveloped
tract may remove not more than 10 percent of the trees or other vegetation on a site for the
purpose of providing access for site survey and evaluation. This Section precludes
unauthorized land clearance and timber removal and is not intended to interfere with the
normal management of landscaping. Except as provided in this Section, no grading, removal
of trees or other vegetation, land filling, construction of improvements, or other material
change shall commence on the subject property without written approval of the City Engineer
until the applicant has:
a. Received the approval of the Construction Plans and all necessary permits from the
Community Development Director and City Engineer;
b. Entered into a development agreement with the City or otherwise arranged for
completion of all required improvements; or
c. Received approval of a Grading Permit pursuant to Section 60.500.060IG.4.f Grading
Permit
7) Maintenance
a. Maintenance of newly installed public facilities shall remain with the applicant for a
period of two years from final inspection or as otherwise defined in an owner contract or
development agreement, except that, for boulevard trees, the period shall be one year.
b. Following the expiration of the required maintenance period, the City shall assume
responsibility for maintenance and upkeep of public facilities.
8) Dedications Required
a. Development plans, construction plans, land subdivisions, and Site Development Plans
shall identify needed right-of-way or easement locations necessary for the provision of
utilities, drainage, shoreland and vehicular or pedestrian circulation within the
development and connecting to adjacent development that meet specified levels of
service called for in adopted City plans and regulations.

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b. When a land or easement dedication is a condition of subdivision approval, the approval

must provide easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.
c. Easements and/or deeds shall be granted, and rights-of-way dedicated to the public by
the applicant as part of the development approval process or through separate
instrument, which shall be in a form approved by the City Attorney.
9) Cost Sharing
The City Engineer shall advise City Council regarding costs and right-of-way widths for major
streets. The applicant shall provide rights-of-way in accordance with the adopted Long Range
Transportation Plan, Official Zoning Map, and other applicable standards.
10) Modification of Construction Plans
All installations of improvements and all construction shall conform to the approved
construction plans. If the applicant chooses to make minor modifications in design and/or
specifications during construction, such changes shall be made at the applicant's own risk,
but only with the written approval of the City Engineer. It shall be the responsibility of the
applicant to notify the City Engineer in advance of any changes to be made from the
approved drawings. If actual construction work deviates from that shown on the approved
construction plans and such deviation was not approved in advance by the City Engineer, the
applicant may be required to correct the installed improvements to conform to the approved
construction plans. In addition, the City may take such other actions deemed necessary
including, but not limited to, revocation of permits already issued and/or withholding of
future approvals and permits.
11) Record Drawings
Record drawings shall be consistent with the engineer’s standards adopted by Public Works
in conjunction with the development of subdivisions.
12) Inspection and Acceptance of Improvements
a. All improvements required by these regulations shall be inspected by the City Engineer,
except as agreed to pursuant to an owner contract or development improvement
agreement. Improvements made under the jurisdiction of other public agencies, shall be
inspected by engineers or inspectors of such agencies. Where inspections are made by
other agencies, the applicant shall provide the City Engineer with written reports of each
final inspection.
b. It shall be the responsibility of the applicant to notify the City Engineer of the
commencement of construction of improvements 24 hours prior before construction
begins. Inspections shall be required at each of the following stages of construction or as
otherwise determined through and owner contract or development improvement
agreement:
1) Site grading/erosion control completion;
2) Underground utility installation;

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3) Subgrade preparation prior to aggregate base installation;

4) Aggregate base compaction;
5) Concrete curb and gutter installation;
6) Bituminous binder placing; and
7) Final surfacing prior to seal coat.
c. Installation and construction of improvements shall be consistent with the engineering
standards adopted by Public Works.
d. Approval of the installation and construction of improvements by the City Engineer shall
constitute acceptance by the City of the improvement for dedication purposes.
e. Except for the removal of snow from substantially completed streets, the City shall not
have any responsibility with respect to any street, or other improvement, notwithstanding
the use of the same by the public, unless the street or other improvements shall have
been accepted.
f. When improvements have been constructed in accordance with the requirements and
conditions of these regulations and the specifications of the City, and the applicant has
submitted as-built reproducible drawings or electronic files to the City Engineer, the City
Engineer shall accept the improvements for maintenance by the City, unless another
entity has agreed in writing to be responsible for such maintenance, and the City has
approved in writing that agreement or arrangement in writing.
13) Conditions on Approval
a. During consideration of subdivision application, the City may consider alternative
potential conditions, and no discussion of potential conditions shall be deemed an
attempt or intent to impose any condition that would violate the state or federal
constitutions, statutes, or regulations. Discussions of potential conditions to mitigate the
impacts of a development do not reflect actions by the City unless and until the City
takes formal action to attach that condition to a subdivision approval.
b. All conditions imposed by the City as a part of the approval process shall be reasonably
related to the anticipated impacts of the proposed subdivision or land use and to the
purposes of this UDC.
c. Where mitigation of the impacts of a proposed subdivision requires an applicant to
dedicate land or pay money to a public entity in an amount that is not calculated
according to a formula applicable to a broad class of applicants, any dedication or
payment imposed shall include an individualized determination and shall be roughly
proportional in nature and extent to the anticipated impacts of the proposed
development, as shown through an individualized determination of impacts.
14) Drainage Easements Required
Drainage easements needed for stormwater management as indicated on an approved
drainage or grading plan shall be provided. The document Engineering Standards for Public
Works in Conjunction with the Development of Subdivisions, Commercial, and Industrial

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Property, available from the Public Works Director, should be consulted for current design
standards adopted by the City.
15) Utility Easements Required
The following standards apply to public utility easements in all zoning districts.
a. Public utility easements as required by the various public utilities shall be provided.
b. Except in the MX-T and MX-D Districts, public utility easements adjacent to public rights-
of-way and private streets shall measure a minimum of ten feet in width, unless a
deviation requiring a greater or lesser width is approved by the Community Development
Director in consultation with Rochester Public Utilities (RPU) and Public Works.
c. In the MX-T and MX-D districts, public utility easements adjacent to public rights-of-way
and private streets, shall measure a minimum of five feet in width, unless a deviation
requiring a greater or lesser width is approved by the Community Development Director
in consultation with Rochester Public Utilities (RPU) and Public Works. When the
development provides private utilities within the building, consultation with individual
utility companies may be required.
d. Transformer location shall be identified and approved by RPU on site plans, where
applicable, and may require a width that exceeds the otherwise minimum easement
width for the remainder of the site.
e. Vegetation located on utility easements shall be placed so that it does not interfere with
the free movement of service vehicles, or placement and operation of utility facilities.
Ground cover, grass, and native grasses, or hedges under three feet in height may be
installed in or permitted to remain in the public utility easement.
f. Plantings in utility easements shall be placed at the risk of the property owner, and shall
not interfere with reasonable access to the utility facility. Utility companies will not
replace plantings or landscaping removed or damaged during work within the easement
area.
g. Non-utility structures, above or below ground, shall not be placed within utility
easements.
h. Temporary signs in compliance with MN statute 211B.045, are permitted within utility
easements at the risk of the property owner.
i. Above ground pedestrian amenities that do not require footings may be installed at the
risk of the property owner, upon obtaining a revocable permit and shall not interfere with
reasonable access to the utility facility.
F. Access and Connectivity
All development subject to this Section 60.400.030 shall comply with all applicable standards in
Section 60.400.040, Access and Connectivity.
G. Lot Design Standards
1) Corner Lots

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Side lot lines of lots abutting a public or private right-of-way should, to the maximum extent
practical, run at right angles to the right-of-way line, or in the case of a cul-de- sac or
curvilinear street rights-of-way radial to the curve.
2) Through Lots
Through lots shall be avoided, except where dictated by topographical conditions or where
necessitated by a lot layout that restricts access to abutting collector, arterial, expressway, or
freeway streets.
3) Adequate Frontage Required
a. Frontage requirements for access purposes need to comply with the requirements of
Section 60.400.040D and may, at the discretion of the City, be met through provision of
direct access or the use of joint access agreements.
b. A limited number of flag lots and lots with no frontage may be authorized to enable the
more efficient use of irregularly shaped parcels of land, or where the integrated nature of
multiple buildings on a site dictates the need for such lots.
c. In the case of lots with no frontage, access for vehicles, utilities, and emergency vehicles
shall be insured through the use of common area agreements or private easements
available for use by all governmental and quasi-governmental vehicles.
4) Individual Requirements for Each Type of Lot
a. Full Frontage Lots
1) Lot frontage must be the same as the required minimum lot width for the district
where the lot the is located, as stated in Section 60.400.020, Dimensional
Standards unless an exception in this UDC applies.
2) Full frontage lots shall provide adequate spacing of access points for the type(s) of
street(s) on which they have frontage.
b. Cul-de-Sac Lots
Cul-de-sac lots shall:
1) Be at least 50 percent of the minimum required width in the district where they are
located, but not less than 25 feet; and
2) Meet the minimum required lot width at the building line (if one is specified).
c. Flag Lots
1) Flag lots and other irregularly shaped lots are discouraged in new and existing
subdivisions.
2) When there is no reasonable alternative, flag lots will be approved if the following
standards are met.
(a) The length of the flagpole portion of the lot shall not exceed 300 feet and shall
comply with all other standards and measurements of this UDC.

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(b) A maximum of one lot or five percent of the lots in a development, whichever is
greater, may be flag lots. There is no limitation on the number or percentage of
lots in a development in the case of redevelopment or infill development of lots
developed initially in reliance upon individual sewage treatment and having a lot
size of 0.75 acres or greater.
(c) In the case of flag lots developed by subdivision in reliance upon individual
sewage treatment, all lots must be covered by a utility connection agreement
providing for municipal services.
H. Roadway and Subdivision Design Standards
1) The requirements of this Section 60.400.030H shall be used in conjunction with the City’s
adopted engineering standards for public works in conjunction with the development of
subdivisions to guide the design of roadway improvements within the City.
2) Streets shall be graded to the full width of the right-of-way in accordance with grades
submitted to and approved by the City Engineer.
3) All street grading and gravel base construction shall comply with approved plans.
4) Where necessary, street grading shall be completed prior to the installation of applicable
underground utilities, and gravel base construction undertaken after the installation of the
utilities.
5) Following the City Engineer’s approval of street grading and utility installation, streets shall
be surfaced and provided with adequate stormwater facilities consistent with the engineering
standards adopted by the City applicable to the development of subdivisions.
I. Boulevard Trees
All development subject to this Section 60.400.030 shall comply with all applicable standards in
Section 60.400.060A, Boulevard Trees.
J. Private Roadways
1) Private roadways or streets developed as part of a subdivision shall be of adequate width to
serve anticipated traffic and proposed parking conditions and shall be designed for the safe
operation of vehicles on the roadway.
2) The applicant for any subdivision including private streets shall be required to:
a. Notify future property owners through deed restrictions and covenants which streets in
the development are private streets. The City will not accept the dedication of any private
street until it is brought into conformance with City street standards at the expense of
property owners.
b. Ensure in writing the maintenance and repair of all private streets by an entity other than
the City, through the use of documents approved as to form and content by the City.
c. Install, at its own expense, traffic signs and street signs that comply with applicable City
requirements at all intersections along each private street and shall ensure in writing the

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maintenance and repair of those signs through the use of documents approved as to
form and content by the City.
3) The applicant or subsequent owners of the roadway are responsible for installation and
maintenance, including replacement of the roadway name signs.
4) The width of a private roadway shall comply with the City’s adopted Private Roadway
Standards and Fire Access Minimum Standards.
5) Private roadways shall comply with the minimum Connectivity Index standards as described
in Section 60.400.040C.4).
K. Street Classification
1) Approval
Classification of an existing or proposed street not already identified on the Long Range
Transportation Plan, for the purpose of determining the appropriate design of a roadway or
development, or for the purpose of determining the appropriateness of a location for a
proposed use, shall be done by the Community Development Director in consultation with
the City Engineer.
2) Classification Factors
a. In determining the classification of a street, factors to be considered include the
following existing or proposed features:
1) Facility geometrics, including the number and width of traffic lanes, turning lanes,
and parking lanes;
2) Access conditions, including any restrictions on access, the spacing of private
accesses, and average lot frontages;
3) Traffic characteristics, including design volume, percentage of trucks, design
speed, percentage of turning movements, origin-destination characteristics of the
traffic, and peak hour characteristics of traffic; and
4) Adjacent land uses.
b. Using this information in conjunction with the Long Range Transportation Plan Map and
the narrative descriptions for each roadway classification provided in the Long Range
Transportation Plan Document, the Community Development Director shall determine
which of the Long Range Transportation Plan designations apply to the street under
consideration.
L. Quadrant Street System
The numerical quadrant system is hereby adopted as the primary basis for identifying all public
roadways within the City, including without limitation public roadways created by plat, deed,
easement, or user. Names may be used when the roadway alignment does not permit the use of
numbers. In that case, the Community Development Director or their authorized representative
must approve the names in accordance with Rochester Code of Ordinances Chapter 20-16.

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1) City Divided into Quadrants

a. For the purposes of roadway identification and unique E911 addresses, the City is
divided into four quadrants of NW, SW, SE, and NE. Any roadway that forms the dividing
line between quadrants will be identified as N, S, E, or W.
b. The dividing line separating east from west extends north along the centerline of Highway
63, from its intersection with the southernmost city limits, to a point at the intersection of
U.S. 63 and East River Road N.E., thence due west to the imaginary intersection with the
Zumbro River, thence north along the centerline of the Zumbro River, to the northern
most city limits.
c. The dividing line separating north from south extends east from the intersection of
Country Club Road West with the western most city limits, then east along Country Club
Road West (County Road 34) to its intersection with Wimbledon Hills Drive S.W. Then
north to the center of Section 33, Cascade Township. Then easterly along the quarter
section line to the section line. Then southeasterly to the western end of West Center
Street. Then east along West Center Street to East Center Street and its intersection with
19th Avenue S.E., thence south along 19th Avenue S.E., to an intersection with College
View Road East (County Road 9), thence east along College View Road East to an
intersection with the eastern most city limits.
2) Administration
The Olmsted County Public Works Director shall assign street names consistent with the
Street Naming Definitions in Chapter 60.600, Definitions.
M. Parkland Dedication
1) Purpose
The purpose of this Section 60.400.030M is to:
a. Ensure that lands suitable for economical neighborhood park development are identified
and preserved for public use as a park during the land subdivision and development
process in order to compensate for the impact of the development process and not
developed for other purposes;
b. Ensure that the impact of development on the need for parkland created by that
development is compensated for in order to serve the recreational needs of future local
residents;
c. Maintain a high quality of life in the City;
d. Retain adequate open space land, protect wildlife habitats, and cleanse the air and
stormwater runoff; and
e. Exercise the authority granted pursuant to Minn. Stat. Ch. 462.358(2)(b) require that a
reasonable portion of any proposed subdivision of lands within the City be dedicated to
the public or preserved as neighborhood parks, playgrounds, or open space; or that a
reasonable cash payment be received from the applicant in lieu thereof in order to
facilitate development of similar facilities.

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2) Applicability
This Section 60.400.030M applies to each application for a subdivision or resubdivision that
will increase demands on the City’s park system.
a. This Section 60.400.030M shall only require the dedication of parkland or payment of
cash-in-lieu of parkland dedication to the extent the increased demands on the City’s
park system caused by the proposed subdivision or resubdivision has not been
previously addressed in a development agreement approved by the City.
b. In case of a conflict between the provisions of this Section 60.400.030M and any
provision of state or federal law, the provisions of this Section shall be modified to the
smallest degree necessary to comply with state or federal law.
3) General Requirements
a. Reservation of Future Parkland
1) At the discretion of the City Council, upon recommendation by the Director of the
Parks and Recreation Department, an applicant may dedicate more land than
would be required by the formulas established by this Section 60.400.030M and
receive a written credit against future parkland dedication requirements.
2) Where an applicant or property owner dedicates land against future requirements,
the development that is relieved of all or part of its mandatory parkland dedication
requirement must be in the same quadrant of the City as where the credit lands are
dedicated.
3) The credit shall attach to the relieved land and remain with the relieved land,
regardless of change in ownership of all or part of that land.
b. Development Changes after Plat Approval
In the event an applicant deviates from the approved preliminary plat in a final plat, or
replats property already platted, in ways that increase the projected population over the
earlier population projections, the owner or applicant shall be obligated to provide
additional parkland or pay a cash-in-lieu equivalent to compensate for the increased
demands on the City’s park system before issuance of a building or occupancy permit.
c. Phasing
1) Whenever an applicant applies for approval of a final plat that contains only a
portion of the land encompassed in the approved preliminary plat or an applicant
proposes to complete only a portion of the overall development on a previously
platted lot(s), the applicant shall dedicate parkland or make a cash-in-lieu
equivalent for each phase of the subdivision or portion of the development as it
receives development approval.
2) If the land dedication required for one phase of a subdivision or part of a
development is part of a single proposed larger park area or facility that is also
intended to serve later phases of a subdivision or part of a development, the entire
park area shall be dedicated concurrent with the first phase of the subdivision or

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part of the development, and a credit shall be provided to the applicant for land
dedications otherwise required for later phases of the subdivision or parts of the
development.
3) As an alternative to Subsection 2), the City will approve a development agreement
allowing the applicant to dedicate an amount of land that is proportionate to the
expected population or occupancy in a phase of a subdivision or part of a
development with the approval of that phase or part of the development, if the City
determines that partial dedication of a single park area or facility will not create
adverse impacts on the construction or operation of the City’s park system. The
terms of any such development agreement shall supersede any inconsistent
provisions of this UDC related to the timing of required parkland dedications.
d. Quantity and Amount of Land Required to be Dedicated
When the Director of Parks and Recreation determines that a parkland dedication is
required due to the impact of the proposed development on the need for parkland,
applications for Household Living uses and Group Living uses shall provide parkland at a
rate of eight acres per 1,000 projected residents (which
is: 0.008 multiplied by the number of persons per dwelling unit multiplied by the
number of dwelling units allowed in the subdivision) based on the anticipated number of
persons living in each residential density range, as shown in Table 400.03-1. In the case
of already platted land, the required dedication will be measured by the number of
additional residents created by the proposed development. The amounts in the table
below are presumed to be in proportion to the need for parkland created by
development, but may be amended by the City Council upon determination of the
Director of Parks and Recreation that such measures do not accurately reflect the need
for parkland created by the proposed development.

Table 400.03-1 Parkland Dedication Ratio

Density in Dwelling Units per Gross Acre Estimated Number of Persons per
of Residential Land Area Dwelling Unit
0 to 5.99 du/ac 3.05
6 to 11.99 du/ac 2.22
Over 12 du/ac 1.98

e. Minimum Standards of Land Dedicated

At least 50 percent of the gross area of the land required to be dedicated pursuant to
Section 60.400.030M.3)d shall:
1) Have a natural slope of four percent or less;
2) Be largely clear of forest vegetation;

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3) Not be located in an existing watercourse, a 100-year floodway, drainage

easement, or water ponding area; and
4) Have a cover of six inches or more of topsoil suitable for the seeding and cultivation
of grass.
f. Dedication of Non-Buildable Land
1) If land is proposed to be dedicated and is considered non-buildable (i.e., steep
slopes, wetlands, drainage ways, high rock, high water table, limited or no access)
the applicant may dedicate the property to the City to meet all or a portion of the
required parkland dedication, subject to this Section 60.400.030M,3,f.
2) The Director of Parks and Recreation will review the dedication and give a
recommendation as to whether the City should accept the dedication. If the City
chooses to accept the dedication of the non-buildable land, credit against required
parkland dedication will be awarded at a rate of 20 percent of the buildable land
equivalent.
3) The following example lays out the dedication scenario: development required land
dedication is 10 acres. Currently five acres has slopes of four percent or less. Two
acres can be made to meet the four percent slopes or less. The remaining three
acres of dedication may be met through the use of non-buildable land. However, to
meet the three-acre requirement the owner would need to dedicate 15 acres of
non-buildable property (15 acres X 20% = 3 acres of equivalent buildable acres).
g. Forbidden Activities
Following the dedication of lands, no person shall remove trees, vegetation, or topsoil
from the dedicated land, nor shall the dedicated lands be used for the purpose of
stockpiling of earth or construction material, or disposal of construction debris, without
the written consent of the Director of Parks and Recreation.
4) Marketability of Title
a. General Requirements
1) Prior to dedication, the applicant shall deliver to the City for examination an up-to-
date abstract of title or registered property certificate for examination, or a title
opinion by a person licensed to practice law in Minnesota.
2) If the examination of title by the City, or the title opinion, indicates that title is not
marketable, no subdivision of the land shall occur until the applicant shall take
those steps needed to permit marketable title, subject to the exceptions set forth in
Section 60.400.030M.4)b, to be conveyed to the City by dedication upon the lands’
subdivision or by a subsequent separate conveyance.
b. Exceptions
The title to lands proposed to be subdivided shall not be deemed unmarketable by virtue
of the fact that a mortgage or other equitable interest in the lands is held by a person

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other than the applicant; or that the lands are subject to the lien of a special assessment
provided that the applicant removes any such equitable interest or mortgage prior to or
simultaneously with the later transfer of title to the City.
c. Special Assessments and Real Estate Taxes
The City shall be responsible for the payment of any special assessments levied on the
lands dedicated, after the actual dedication has occurred. Payment of real estate taxes
owing on the land dedicated in the year of dedication shall be prorated between the City
and the person subdividing the property.
5) Cash Payment-in-lieu of Land Dedication
a. The requirement of dedication imposed by Section 60.400.030M.3)d may be satisfied by
a payment of cash by the applicant to the City or suitable provision in a development
agreement entered into under Section 60.500.030E.8), Development Agreement, if in
the judgment of the Parks and Recreation Director the quantity of land to be subdivided
is of a size or configuration that dedication of a portion of that land:
1) Is not feasible or practical;
2) Will not create a parcel suitable for neighborhood park development or for usable
open space or trail thoroughfares; or
3) The land is adjacent or readily accessible to already existing or planned public park
and recreation facilities, or publicly maintained open space managed by the Parks
and Recreation Department.
b. Payment may include fees for land acquisition, preparation, and all other applicable
purposes and uses.
c. Payment shall be made prior to recording the Final Plat of the subdivision in an amount
equivalent to the fair market value of land that would otherwise be required to be
dedicated.
d. Calculation of Cash Payment
1) The Director of the Parks and Recreation Department shall establish the fair market
value per acre of the land proposed to be development or redeveloped, considering
the value assigned to the proposed development land and similarly situated land by
the County Assessor at a time no later than the time of final approval.
2) The required payment shall be computed by multiplying the value per acre of land
by the number of acres required to be dedicated.
e. Funds Established
1) All payments collected pursuant to Section 60.400.030M.5) shall be placed in the
appropriate neighborhood park acquisition and development fund established for
the quadrant of the City where the lands subdivided are located and may only be
disbursed for purposes consistent with the acquisition and development or
improvement of neighborhood parks in that quadrant, as City Council may from
time to time direct.

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2) For purposes of administration of this Section 60.400.030M, the City shall be

divided into four quadrants -- northwest, northeast, southeast, and southwest, that
are defined as follows:
(a) The northwest quadrant shall contain all the lands of the City lying north of the
alignment of West Center Street extended to TH 52 and north of 2nd Street south
lying west of TH 52 to the westerly municipal limits, and west of Broadway
Avenue.
(b) The northeast quadrant shall contain all of the lands of the City lying east of
Broadway Avenue, and north of the alignment of East Center Street, extended to
the intersection of 4th Street/County Road 9 then to the easterly municipal limits.
(c) The southeast quadrant shall contain all of the lands of the City lying east of
Broadway Avenue, and south of the alignment of East Center Street extended the
intersection of 4th Street/County Road 9 then to the easterly municipal limits.
(d) The southwest quadrant shall contain all those lands of the City not otherwise
contained in the other quadrants.
6) Effective Date and Credits
Any parkland dedication credits created and previously authorized by the Parks and
Recreation Director between January 1, 1988 and January 1, 2019 remain in effect until
used. Credits proposed to be created after January 1, 2019 shall be formally authorized by
the Board of Park Commissioners and may only be approved in connection with dedications
of lands meeting the standards set forth in this UDC for park purposes or in return for
conveyance of such lands to the City at a price less than fair market value.

Section 60.400.040 ACCESS AND CONNECTIVITY

A. Purpose
The purpose of this Section 60.400.040 is to develop safe and adequate vehicular access while
reducing vehicle miles traveled and related greenhouse gas emissions by integrating sidewalks
and bicycle routes in new development and redevelopment, and by providing for shorter and
more direct routes between many destinations.
B. Applicability
All new development must comply with the standards in this Section 60.400.040 unless
exempted by another provision of this UDC. Applications involving the subdivision or
resubdivision of land shall comply with the standards in Section 60.400.040C; applications for
development on existing platted lots shall comply with the standards in Section 60.400.040D.
C. Subdivision Level Connectivity and Circulation
1) Purpose
This Section 60.400.040C is intended to:

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a. Promote street and block patterns with a clear hierarchy of well-connected streets that
distribute traffic over multiple streets and avoid traffic congestion on principal routes.
b. Accommodate the safe, efficient, and convenient movement of vehicles, bicycles, and
pedestrians through each development, and provide ample opportunities for linking
adjacent neighborhoods, properties, and land uses.
c. Provide multiple direct connections to and between local destinations such as parks,
schools, and shopping.
2) Development Design Standards
Additional requirements on site design standards can be found in Section 60.400.070, Site
and Building Design.
3) Street Layout Standards
a. Hazards
1) To the maximum extent practicable, streets shall be routed to avoid hazard areas
such as floodways, cliffs, or ravines.
2) A secondary means of access may be required when the only means of access into
a subdivision traverses a floodplain area. If required, the secondary access shall be
elevated to remain passable during the 100-year storm.
b. Limits on Access to Arterials, Expressways, and Freeways
1) Lots adjacent to arterial, expressway, or freeway streets shall access frontage
roads, parallel streets, or service drives to eliminate the need for direct access.
2) Vehicular access restrictions shall be noted on final plat documents.
c. Access to Public Water Bodies
When a proposed development abuts a public body of water and the City’s adopted plans
or policies support the need for public access to the water, the City may require that
public access to the water body be provided subject to the requirements in Section
60.400.030E.13). When required, the right-of-way width of the access shall be at least
66 feet in width to accommodate access by pedestrians, bicycles, cars, and emergency
vehicles.
d. Street Hierarchy
Streets shall be designed to create a hierarchy of streets according to the following
standards. The City Engineer may recommend design modifications where such
modifications are consistent with an adopted access management plan or necessary by
reason of natural features or existing development, and do not create safety hazards or
increased maintenance costs.
1) Residential local streets shall intersect with higher order streets using designs and
alignment that discourage through traffic.

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2) Local streets shall intersect with a higher order street to prevent local street traffic
from exceeding 1,000 average daily trips.
3) Local collector streets shall intersect with two streets of equal or higher
classification.
4) Alleys shall intersect with local collector or local streets.
5) Frontage roads shall be designed so that stacking areas of sufficient depth are
provided at primary intersections. When located along collectors, such primary
intersections should be at least 300 feet apart, while on higher order streets the
separation shall be as recommended by the City Engineer.
6) The City may require a street to be of a Primary Collector level design where the
anticipated average daily trips will exceed 3,000 trips, in order to collect and
distribute traffic to the major street system identified on the Long Range
Transportation Plan.
7) Intervals between access points can be reduced as recommended by the governing
Road Authority. When access to an arterial or expressway is permitted, the City may
require that the property provide a public street or other public access to adjoining
lands.
8) Reserve strips (i.e., a narrow parcel between a road and another lot) and cul-de-sac
streets that interfere with street connections needed to serve existing or planned
development are prohibited.

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9) Cul-de-sac, circle, and lane streets serving single-family or duplex residential
development shall be designed to serve development that is projected to generate
no more than 300 average daily trips.
10) Secondary access shall be required for any residential development that is
projected to generate more than 500 average daily trips. The need for secondary
access for Non-Residential development fronting on a collector or higher order
street shall be determined based on a Traffic Impact Study.
e. Street Extensions
1) Where necessary to give access or to permit the reasonable future subdivision of
adjacent land, rights-of-way, and improvements shall be extended to the boundary
of the development.
2) Construction of a temporary turnaround shall be required where the dead end
exceeds 150 feet in length.
3) The platting of partial width rights-of-way shall be prohibited except where the
remainder of the necessary right-of-way has already been platted, dedicated, or
established by other means.
f. Cul-de-Sacs
1) Cul-de-Sacs must connect to the closest local or collector street, to adjacent cul-de-
sacs, and to any adjacent public open space, Public Park, or School via a 15-foot
pedestrian connector easement or right-of-way that includes a sidewalk or multi-
use trail, unless deemed impracticable by the Community Development Director.
The pedestrian easement or right-of-way shall be indicated on the subdivision plat,
and interior side yard setbacks applicable to the district where the cul-de-sac is
located shall apply to the lots abutting the easement or right-of-way.
2) Any block exceeding 600 feet in length must provide a public pedestrian
connection to maintain connectivity between and through subdivisions, except
where unique topographical conditions make this connection infeasible.

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g. Alleys
1) Alleys may be used to reduce the need for individual site access to collectors,
arterials, and expressways, or to reduce the need for individual driveway access
points onto local streets.
2) Blocks platted with alleys shall be platted to allow alley access to required vehicle
parking areas, and shall not permit vehicle access to parking areas through front or
side lot lines.
3) Where alleys are platted:
(a) In Residential districts alleys shall be a minimum in 16 feet in width
(b) In Mixed Use and Industrial Districts alleys shall be a minimum of 18 feet in
width, unless a minimum of 20 feet is required for fire equipment access.
4) Connectivity Index
a. General Requirement
The roadway connectivity shall meet a minimum ratio as decided by the number of lots
on a development, excluding outlots. Additional pedestrian links shall be provided to
increase the overall connectivity index to the minimum required connectivity ratio, should
the development fail to meet the minimum using roadway connections. Proposed
subdivisions must meet the access requirements as required by the Fire Code, Complete
Streets Policy, and all Ordinances pertaining to access management and roadway
placement.
b. Minimum Required Connectivity Ratio
1) Developments with 10 lots or fewer shall be required to meet a connectivity ratio of
1.0 or greater.

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2) Developments with more than 10, but fewer than 50 lots shall be required to meet
a ratio of 1.2 or greater.
3) Developments with greater than 50, but fewer than 100 lots shall be required to
meet a ratio of 1.4 or greater.
4) Developments with more than 100 lots shall be required to meet a ratio of 1.5 or
greater.
c. Connectivity Index Calculation
1) Arterial streets shall not be included in the calculation except when it is necessary
to travel along the arterial street to reach any two nodes in the subdivision.
2) Exterior intersections outside of the development area shall not be counted as a
node. However, streets extending into the development from these intersections
shall be counted as links.
3) Stub streets that will eventually be connected from the subdivision to a future
abutting subdivision or arterial or collector street shall not be counted as a node.
The segment of the stub street shall be counted as a link.
4) Alleys shall not be counted as a link, and locations where an alley intersects with a
street shall not be counted as a node.
5) Any location where a street creates a T-intersection with a street of any
classification shall be considered a node.

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d. Allowed Adjustments
1) A subdivision may have a roadway connectivity index of less than the required
minimum where specific features or constraints of the land being subdivided
makes strict compliance impossible or impractical. Such features include the
following:
(a) Natural features such as bodies of water, severe elevation changes (12 percent
slope or greater), Decorah Edge, hydric soils, or presence of wetlands.
(b) Important cultural or archeological features such as historic landmarks or burial
grounds.
(c) Adjacent subdivisions that do not provide stub streets or other opportunities to
connect to the proposed subdivision.
(d) Situations where intersections, access management, and driveway separation
requirements prevent the ability to provide additional connections to a public
road.
2) If the applicant is unable to meet the required minimum ratio, then the applicant
shall attach to the General Development Plan application an explanation of how the
connectivity of the proposed development is hindered by the presence of any of the
features listed above or similar features. The Community Development Director
shall recommend the application for approval or approval with conditions if it
determines that the connectivity of the proposed subdivision cannot meet the
minimum index requirements due to the site constraints.
3) The Community Development Director may recommend denial if it determines that
the proposed development’s connectivity can be reasonably improved despite the
presence of constraining features.
4) If requested by the City, cross-access and maintenance agreements associated
with the interconnections shall be provided prior to or simultaneously with approval
of the associated subdivision or development application.
5) Cross-Access between Adjacent Mixed Use and Non-Residential Uses
All subdivisions or reconfigurations of contiguous platted lots for mixed use or non-residential
development shall comply with the following standards.
a. To the maximum extent practicable, each lot layout shall be designed to allow for cross-
access to adjacent property to encourage shared parking and access points on public or
private streets. This may be established by one or more of the following:
1) Connecting streets and drives;
2) Coordinating parking structure and parking lot entrances;
3) Common service/delivery areas;
4) Legally shared parking structures and parking lots;

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5) Linkages between parking lots and parking structures; or
6) Providing shared driveways for two abutting lots from public rights-of-way to
minimize driveway approaches.
b. When cross-access is deemed impractical by the Community Development Director
and/or City Engineer on the basis of topography, the presence of natural features, or
vehicular or pedestrian safety, this requirement may be waived provided that appropriate
bicycle and pedestrian connections are provided between adjacent Mixed Use or Non-
Residential developments or land uses.
6) Pedestrian and Bicycle Connectivity and Circulation
All subdivisions and reconfigurations of lots shall comply with the following standards.
a. General Requirements
All required sidewalks, bikeways, and multi-use trails shall comply with the standards in
this Section 60.400.040C.6), unless a modification from these standards is permitted in
pursuant to Section 60.500.070A.
1) Sidewalks
Sidewalks shall be required along both sides of all arterial, collector, and local streets
including cul-de-sacs, and within and along the frontage of all new development.
2) Bikeways
Designated bicycle lanes are required in the design of all arterial and collector streets
where low traffic speeds and volumes allow bicyclists and motorists to share the road
safely.
3) Multi-Use Trails
To the maximum extent practicable, multi-use trails, separated from automobile
traffic, are required where indicated on an adopted City plan. The Community
Development Director may modify requirements for sidewalks and/or bikeways in
this Section 60.400.040C.6) in exchange for the development of multi-use trails that
comply with the requirements of Section 60.400.040C.6)b.3).
4) Connection to Sidewalks, Bikeways, and Multi-Use Trails
Each extension or connection of a public street or right-of-way to an abutting
property, street, or right-of-way shall include the extension or connection of
associated bikeways, sidewalks, and multi-use trails.
b. Pedestrian and Bicycle Connectivity Design Standards
1) Standards for Sidewalks
(a) Sidewalks shall be constructed to comply with the Americans with Disabilities Act,
AASHTO requirements, and all applicable adopted City standards including the
standards in this Section 60.400.040C.6)b.

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(b) Sidewalks shall be constructed of durable, smooth, and skid resistant material
approved by the City and a minimum width of five feet.
(c) External sidewalks shall be located a minimum of one foot inside the public right-
of-way or within a pedestrian easement along all abutting street frontages.
(d) Internal sidewalks shall be provided that link abutting streets to primary
entrances of primary buildings on the site, link separate facilities within the site
to each other, and provide access to adjoining transit stops. Internal sidewalks
shall not be required for lots containing primary Single-Family, Duplex, Triplex, or
Fourplex Dwelling uses.
(e) Sidewalks shall have a minimum separation of five feet from the curb, or edge of
pavement where no curb exists. In situations where the minimum separation
cannot be achieved due to constraints such as limited public right-of-way, mature
trees, or unsuitable topography, the sidewalk location may be designed to avoid
the constraints, provided that a pedestrian easement is established for any
locations where the sidewalk is not within the public right-of-way, and that the
minimum five-foot separation is maintained.
(f) In situations where the sidewalk must be located within a pedestrian easement
on private property, the portions of the sidewalk within the pedestrian easement
shall not count toward the maximum impervious surface coverage for the
property.
(g) In situations where the City Engineer and/or the Director of the Community
Development Director has determined that a pedestrian easement is not feasible
due to right-of-way width constraints or site elevation constraints, the Director of
the Community Development Director will approve the following design options:
(i) A 10-foot-wide sidewalk with reduced vegetation plot width; or
(ii) An integral sidewalk with a minimum six-inch curb and six-foot wide sidewalk.
2) Standards for Bikeways
(a) Bikeways shall be constructed to comply with the City’s Active Transportation
Master Plan, the National Association of Transportation Officials (NACTO) Urban
Street and Bikeway Design guides, AASHTO Bicycle Facilities requirements, and
all applicable adopted City standards.
(b) Striped bikeways shall be located at the outer edge of the street or adjacent to
the curb.
(c) Street and driveway crossings shall minimize potential crossing hazards using
colored pavement markings, raised pavement, signs, bollards, or other means to
increase motorist awareness at conflict points, as determined necessary by the
City Engineer.

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3) Standards for Multi-Use Trails
Multi-use trails shall:
(a) Be a minimum of:
(i) 12 feet in width if adjacent to a street or other public land; or
(ii) 30 feet in trail width easement between the rear or side lot lines of a parcel;
(b) Connect to the street system in a safe and convenient manner;
(c) Be well-signed with destination and directional signing;
(d) Be located and designed to minimize motor vehicle crossings to the maximum
extent practicable. Significantly minimized.
c. Use of Sidewalks, Bikeways, and Multi-Use Trails
1) Sidewalks, Bikeways, and Multi-Use trails shall comply with the City’s adopted
Public Works Design Requirements.
2) Vehicle parking, garbage containers, merchandise storage or display, utility boxes
and poles, signs, trees, and other obstructions shall not encroach into the required
minimum width of any required sidewalk, bikeway, and/or multi-use trail.
3) Sidewalks, bikeways, and multi-use trails required by this Section 60.400.040C.6)
shall be maintained in usable condition throughout the year.
d. Parkland Dedication Credits
1) Credits for parkland dedication may be granted for land that is voluntarily dedicated
for multi-use trails or other trails if the Parks and Recreation Director determines
that the use of that trail will reduce demand on the City’s park system.
2) Credits shall not be given for land that is dedicated for trails adjacent to roadways.
7) Consistency with Driveway Spacing Standards
Land subdivisions and General Development Plans shall be designed to facilitate compliance
with the site level driveway spacing standards in Section 60.400.040D and each of the
following access design standards.
a. Proposed subdivisions fronting on freeways or expressways shall be designed so as to
have access available via a lower-level street.
b. Where feasible, subdivisions shall be designed so that access to a development is not
solely dependent on a roadway or driveway that intersects with an expressway as
designated on the Long Range Transportation Plan.
c. Where lots in a proposed subdivision front on an arterial street as designated on the
Long Range Transportation Plan, options for designing access that meets the standards
of this Section 60.400.040C include the potential use of cross access easements and
the use of lower-level streets to provide secondary access.

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d. Vehicular ingress and egress restrictions along the frontage of arterial or higher-level
streets may be imposed by requiring subdivision plats to dedicate to the proper Road
Authority access control authority.
8) Documentation on Subdivision Plats or Master Plans
Unless limited or prohibited by state law, the City may require that required connectivity and
circulation, permitted access, and/or limitations on access be reflected on subdivision plats
prior to recording.
D. Site Level Driveways, Access, and Connectivity
1) Purpose
The purpose of this Section 60.400.040D is to balance the need for providing access to
individual private properties with the need to preserve an adequate level of capacity on the
streets providing access.
2) Relation to Subdivision Plats
Site level driveways, access, and connectivity shall be consistent with those shown on
approved subdivision plats and master plans where the property is located, unless a
modification of those requirements is approved pursuant to Section 60.500.070BA, Major
Modification.
3) Driveway Permit Required
a. A driveway permit approved by the applicable Road Authority is required prior to the
construction of any new or modified access point.
b. Where a traffic study is required for any proposed development, no driveway permit shall
be issued until the traffic study process has been completed.
c. A new driveway permit will be required when any change to a non-residential use results
in:
1) An increase of greater than 50 peak hour directional trips;
2) A 10 percent increase in average daily trips; or
3) Over 20 additional daily vehicle trips made by vehicles exceeding 30,000 pounds in
gross vehicle weight.
4) Property Boundary Evaluation
Changes in property boundaries or ownership do not create the right to obtain additional
access that is inconsistent with the standards of this Section 60.400.040 and plans,
policies, or regulations adopted by the City for access management. For the purposes of
evaluating driveway permit requests, the boundary of a site is considered to be:
a. All contiguous parcels under common or related ownership;
b. All parcels included as part of a single development plan;

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c. Where the application is for the first development on a property involving the erection of
a building, the lot where that building is to be located together with any adjacent lots or
adjacent parcels on which lots may be created after the adoption date of this UDC; or
d. The entirety of a Lot of Record prior to an application to divide that lot.
5) Access Spacing Standards
a. The minimum spacing between adjacent access locations or a proposed access location
and an adjacent street intersection shown in Table 400.04-1 shall apply to the maximum
extent practicable. Where the indicated spacing is met, there is a presumptive
understanding that access will be permitted subject to satisfying the design objectives of
Section 60.400.040D.

Table 400.04-1 Access Spacing Standards

Minimum Separation
Minimum Separation
Road Classification [1] Between Driveways and
Between Driveways [2]
Intersection Streets [3]
Residential Local and Local Collector Streets
8 feet 35 feet
(projected traffic <3,000 ADT)
Other Local and Local Collector Streets, And
One-Way Frontage Streets (projected traffic 60 feet 75 feet
>3,000 ADT and <6,000 ADT)
Collector and Frontage Roads (projected
125 feet 150 feet
traffic >6,000 ADT)
Arterial (projected traffic <15,000 ADT) 400 feet 480 feet
Expressway and Arterial (project traffic
1,000 feet 1,200 feet
>15,000 ADT) [4]
NOTES
[1] Roadway types refer to anticipated cross sections based on and defined by the Long Range Transportation
Plan and Comprehensive Plan Street Classification Map. All traffic volumes refer to the functional
classification and street design volumes.
[2] Access separation between driveways shall be measured from edge to edge.
[3] Access separation between a driveway and intersecting street shall be measured from the centerline of
the driveway and the nearest point of curvature of the intersecting street.
[4] May require installation of turn lanes.

b. One Way Driveways

The minimum separation between driveways may be reduced through the use of one-way
driveways where the applicant can demonstrate that the one-way driveway provides a
higher level of safety or improved traffic operations, as determined by the City Engineer.
c. Interchange Management Areas
Spacing of access within one-quarter mile of ramp junctions along the minor crossroad of
any interchange area will be addressed on a case-by-case basis to ensure that any

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resulting access locations protect the safety and operational efficiency of the interchange
area and do not compromise the functioning of the ramp operations.
6) Emergency Vehicle Access
a. All developments that do not have frontage on a public street shall provide access for fire
vehicles and emergency apparatus from a public street that complies with the adopted
fire regulations pf the City.
b. Except as described in Subsection c, fire lane and fire apparatus access road locations
and construction and design standards shall comply with the Rochester Fire Code and all
related standards adopted by the City.
c. In lieu of meeting the standards in Subsection b above, an applicant may substitute
alternative means (including but not limited to fire resistant roofs, fire separation walls,
space separation, and automatic fire extinguishing systems) to mitigate risks from fires
that the Fire Department determines will provide equal or better protection from fire risks
than strict compliance with those standards in Subsection b.
d. The City of Rochester shall not be liable for damage to underground utilities beneath fire
access lanes caused by firefighting equipment.
7) Substandard Access
Where access meeting the standards in this Section 60.400.040D cannot be provided, the
City Engineer shall:
a. First determine whether alternate access is available. Alternate access includes:
1) Access to another street that meets the standards of this UDC; and
2) Access provided jointly with an adjacent property that will meet the standards of
this UDC.
b. If the City Engineer determines that alternative access is available, the City Engineer may
require that the alternative access be used, rather than modifying the minimum spacing
standards.
c. If the City Engineer determines that alternative access is not available, and that a
modification of spacing standards will not create material risks to pedestrian, bicycle, or
motor vehicle safety, the City Engineer will grant that modification and approve
substandard access.
d. If the City Engineer determines that no alternative access exists, and that no modification
of spacing can meet the criteria in Subsection c above, the applicant may apply for a
variance pursuant to Section 60.500.070CA, Variance. The Zoning Board of Appeals will
approve a variance from minimum access spacing standards if the following criteria are
met.
1) Conditions or circumstances exist that limit the strict application of this UDC,
including the lack of a secondary access to another public street, the inability to
use joint access, and the lack of engineering or construction solutions that can be
applied to mitigate the condition;

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2) The proposed access will not result in undue delay or congestion or be detrimental
to the safety of motorists on the roadway;
3) Limiting access will create an exceptional and undue hardship on the applicant and
that the permit issued will allow a reasonable use of the property; and
4) The applicant has mitigated the negative impacts of proposed substandard access
to the maximum extent practicable.
8) Temporary Access
An applicant shall not be denied a Zoning Certificate where the access requirements of this
UDC cannot be met because adjoining segments of planned street are not yet constructed, in
which case the Community Development Director will approve temporary access to another
street, which right to access shall expire when the access required by this UDC becomes
available for use.
9) Driveway Design Standards
A driveway approach permit for any Non-Residential or Multifamily use may be approved if
the City Engineer determines that the permit will allow reasonable access to the property and
that all of the following standards have been met to the maximum extent practicable:
a. A driveway approach permit for any Non-Residential or Multifamily use may be approved
if the City Engineer determines that the permit will allow reasonable access to the
property and that all of the following standards have been met to the maximum extent
practicable:
1) Adequate corner clearance from any adjacent street intersections has been
provided to preserve the functional integrity of the intersection, and spacing from
adjacent driveways is sufficient to safely minimize conflicts between traffic entering
and exiting adjacent driveways;
2) Adequate stopping sight distance and intersection sight distance is provided;
3) Auxiliary lanes are provided as needed to:
(a) Minimize speed differentials with mainline highway traffic;
(b) Prevent the encroachment of turning vehicles on mainline traffic; and
(c) Prevent the queuing of inbound traffic from impacting mainline traffic.
4) Sufficient vehicular stacking distance between the curb line and the first point of
conflict for traffic on the site is provided to prevent the spill back of traffic onto

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public streets. This distance shall be a minimum of 25 feet, adequate to absorb the
maximum peak period inbound traffic during the normal weekday;
5) Appropriate conflict reduction measures have been provided to safely manage
inbound and outbound left turning traffic. Median design features and driveway
channelization shall be used as appropriate to accomplish conflict reduction;
6) Access locations have been properly offset from driveways or street intersections
located across the roadway in order to limit conflicts within the mainline or median
of the street;
7) The design of the access satisfies standard geometric guidelines for turning radii,
driveway slope and angle of entry, design speed, and width. The drainage design of
the access should not interfere with the drainage system in the public right-of-way;
8) The access provides for the safe crossing of pedestrians, bicyclists, and persons
with disabilities;
9) The installation of necessary traffic control devices for the safe and proper
operation of the access complies with the requirements of the Manual of Uniform
Traffic Control Devices (MUTCD) and, in the case of traffic signals, are located so as
to allow for proper signal coordination and adequate left turn storage needs at the
access and nearby intersections; and
10) The access will not create conflicts with abutting roadway traffic.
11) Driveway approach will be a maximum of 25 feet depending on the turning
movements from parking lot unless otherwise designated by the City Engineer for
all non-residential and multifamily.
12) Driveway must be tapered to match driveway approach at the back of the walk per
the Engineering Standards.
13) Edge of driveway approach at sidewalk line must be within the lot served.
14) All driveway approaches shall be constructed per Engineering Standards
b. A driveway approach permit for any single-family detached, duplex, or triplex dwellings
may be approved if the City Engineer determines that the permit will allow reasonable

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access to the property and that all of the following standards have been met to the
maximum extent practicable:
1) Driveway approach will be less than or equal to the width of the garage structure,
with a maximum width of 32 feet, unless otherwise designated by the City Engineer.
2) Driveway approach with no garage structure will be a maximum of 20 feet not to
exceed the width of the driveway pad for all single-family detached, duplex, and
triplex dwellings.
3) Driveway must be tapered to match driveway approach at the back of the walk per
the Engineering Standards.
4) Edge of Driveway approach at sidewalk line must be within the lot served.
5) All Driveway approaches shall be constructed per Engineering Standards.
6) Secondary driveway approach will only be allowed if the following conditions are
met
(a) Side street lot lines are at least 90 feet in length.
(b) Located on a corner lot.
(c) Driveway approach leads directly to a garage structure.

10) Conditions of Approval

If necessary to ensure compliance with the approval criteria in Subsection 7) above, the City
Engineer may require:
a. That unobstructed and unencumbered access be provided from the approved access
point to adjacent properties. Where such a requirement is made a condition of approval,
the property owner shall record an easement with the deed allowing cross access to and
from other designated properties to be served by the joint use driveway or access;
b. That an access point that does not comply with one or more of the objectives in this
Section 60.400.040C be designated as temporary access, and that when an alternative
means of access is available that better meets the objectives of this Section
60.400.040C is available, the temporary access be eliminated, altered, or limited to
certain turning movement; and/or
c. That the applicant be required to participate in the cost of design, installation, operation,
and maintenance of the access construction and any associated traffic operation
equipment required for the functioning of the access point.

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11) Pedestrian Design and Accessibility
The following standards apply to all new development and redevelopment in all districts
except Household Living uses in structures with less than 8,000 square feet of gross floor
area.
a. Access and Walkways
1) Walkways shall be provided to connect each primary pedestrian entrance of a
primary building to at least one public sidewalk along a property frontage, and shall
be designed to provide convenient access to any bus or transit stops located within
1,000 feet of the lot boundary.
2) Walkways shall be located and aligned to connect areas or points of pedestrian
origin and destination directly and continuously and shall not be located and
aligned solely based on the outline of a parking lot configuration unless such a
configuration allows for direct pedestrian access.
3) A sidewalk shall be provided immediately adjacent to the exterior wall of a new
building greater than 100 feet in length when the wall is located next to a street or
parking lot. This standard does not apply if the edge of the building is within 20 feet
of a public sidewalk and the building entrance is connected to the public sidewalk
by an on-site pedestrian walkway, or if the edge of the building is bordered by a
perimeter of landscaping that does not exceed 30 feet in width and an on-site
pedestrian walkway is constructed at the outer edge of the landscaped area.
4) Pedestrian walkways shall be designed to maximize pedestrian security,
incorporating features such as lighting to illuminate crossings and/or create
backlighting to make the pedestrian silhouette clearly visible from primary building
entrances and/or public streets, and shall provide clear sight lines between two
feet and six feet above grade from primary building entrances to public street
frontages.
5) Walkways shall have a paved surface width of not less than five feet. The material
and layout shall be continuous as the pedestrian walkway crosses driving lanes or
aisles, with a break in continuity of the driveway paving and not in the pedestrian
walkway paving.
6) Pedestrian and bike ramps shall be located at convenient and safe locations for
persons with disabilities, bicyclists, and people pushing strollers or carts. The
location of pedestrian and bike ramps shall avoid crossing or directing traffic
through loading areas, drive-in lanes, and solid waste storage and collection areas,
to the maximum extent practicable.
b. Pedestrian Entrances
Properties in the MX-T and MX-D districts shall also comply with the standards in Section
60.200.030L.3)d, Building Entrances. All other properties subject to this Section
60.400.040D.9 shall comply with the standards in this Section 60.400.040D.11)b.

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1) One primary pedestrian entrance shall be provided for every façade facing a street.
2) To the maximum extent practicable, an entrance shall be provided every 30 feet on
the ground floor.
3) To the maximum extent practicable and excluding building façades for ground floor
residential uses, corner lots shall provide a primary entrance at the corner.
4) All ground level residential units along all street-facing sides of the building will be
provided direct access entries from the building exterior. The Community
Development Director will waive this requirement for some or all of the units, upon
determination that an alternative design will provide a better pedestrian orientated
space.
5) Traffic calming design shall be incorporated into the site design, which shall
minimize potential hazards and conflict points in areas with highest concentrations
of pedestrian traffic
6) The pedestrian entrance shall contain at least three of the following architectural
details:
(a) Pilasters or façade modules;
(b) Mural;
(c) Prominent building address, building name, and lighting;
(d) Raised corniced entryway parapet; or
(e) Buttress and arched entry.

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7) The features installed to comply with Subsection 5 above may also be used to
comply with the requirements of Section 60.400.070F.1)e, Roof-Mounted
Equipment Screening.
8) Roof-mounted mechanical equipment shall be:
(a) Integrated into the design of the structure so that the equipment is not visible
from ground level on any street-facing property boundary; or
(b) Screened by a parapet wall or similar feature that is an integral part of the
building’s architectural design, with a parapet wall height sufficient to screen
the mechanical equipment from all sides when viewed from ground-level on
each street-facing property boundary.
9) To reduce visual impacts on abutting properties, the color of roof-mounted
equipment shall be the same color as the roof or the same color as an adjacent
wall.
10) Commercial Wireless Telecommunication Service equipment, Building-Mounted
Solar Collectors, and other alternative energy systems are exempt from any portion
of these screening requirements that would impair their functions.
c. Pedestrian Weather Protection
Each development shall provide pedestrian weather protection in public spaces such as
transit stops, building entries, along display windows, and over outdoor dining areas.

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Section 60.400.050 Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050A: Purpose

Required pedestrian weather protection features shall comply with the following
standards:
1) Weather protection at least five feet deep is required over all primary building,
individual business, and individual residence entries. This may include a recessed
entry, canopy, porch, marquee, or building overhang;
2) Canopies, awnings, or other similar weather protection features must not be higher
than 15 feet above the ground elevation at the highest point or lower than eight
feet at the lowest point. The street-side edge of the canopy or awning shall be at
least eight feet above the walking surface;
3) Business centers must use a variety of weather protection features to emphasize
individual storefronts and reduce the architectural scale of the building; and
4) West and south exposures with plazas, patios, entries, or pedestrian areas shall be
designed with architectural and landscape shade elements.
d. Pedestrian Oriented Space
Each development shall provide a pedestrian-oriented space that includes:
1) Landscaping that does not act as a visual barrier between the primary building
entrance and the pedestrian-oriented space;
2) At least one type of artwork, fountains, or other similar aesthetic feature;
3) Visual and pedestrian access (including access for persons with disabilities) into
the site from a public or private street or internal roadway;
4) Paved walking surfaces of either concrete or other approved paving material;
5) At least two square feet of seating area, such as a bench or ledge, or one individual
seat per 60 square feet of plaza area or open space, whichever is greater; and
6) Lighting that complies with the standards in Section 60.400.100E.6), Pedestrian-
Oriented Lighting.

Section 60.400.050 SENSITIVE LANDS, WETLANDS, STORMWATER, AND DRAINAGE

A. Purpose
This Section 60.400.050 establishes standards that regulate earthwork, stormwater, drainage,
and grading, to reduce pollution into waterways and to protect, preserve, and enhance the
natural environment.
B. Applicability
This Section 60.400.050D applies to all subdivision and Site Development Plan approvals unless
the Community Development Director determines that review of the Site Development Plan is not
necessary because the application complies with avoidance and mitigation measures already
applicable to the property due to prior development approvals.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.050 Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050C: Relationship
to Other Standards
C. Relationship to Other Standards
The standards in this Section 60.400.050 apply in addition to other applicable standards,
including but not limited to those listed in Subsections C.1 through C.3 below. In case of a
conflict between standards applicable to the same land or activity subject to this Section
60.400.050, the stricter regulation shall govern unless otherwise required by state or federal
law.
1) State or Federal Laws or Regulations
The standards in this Section 60.400.050 apply in addition to any applicable standards in
state or federal law and applicable regulations adopted pursuant to those laws.
2) Overlay Districts
The standards in this Section 60.400.050F apply in addition to any applicable standards in
Section 60.200.040D, DEO - Decorah Edge Overlay. Section 60.200.040E, FPO – Floodplain
Overlay, and Section 60.200.040F, SDO – Shoreland District Overlay.
3) Adopted Engineering Standards
The standards in this Section 60.400.050F apply in addition to any applicable engineering
standards including stormwater discharge requirements in Rochester Code of Ordinances
Chapter 6-3, Wetland Conservation, and 6-4, Stormwater Discharges.
D. General Requirement for all Sensitive Lands
Development of lands that are subject to periodic inundation, subsidence of the earth’s surface,
high water table, or have difficult topography, unstable soils, wetlands, lateral groundwater flow
occurring within the depth of construction activities, or other natural or human-created hazards
to life or property shall be avoided.
E. Wetlands
In addition to complying with Subsection D above:

1. A wetland buffer area extending 25 feet from a delineated wetland is required on all
delineated wetlands after the effective date of this ordinance.
2. No temporary or permanent structure shall be allowed within 25 feet of a delineated
wetland.
3. Draining, dredging, or filling of a delineated wetland is prohibited without a Wetland
replacement plan, approved by the LGU, with the SWCD, DNR BWSR and the Corps of
Engineers on the Technical Evaluation Panel utilizing BWSR-WCA Rules chapter 8420.

4. A wetland delineation is required for all development that has Decorah Edge soils or
groundwater supported wetlands on the Decorah Edge overlay Map and or Hydric Soils
based on the USDA Soil Survey as they are administered by the City’s 6-3 Wetland
Conservation Ordinance
5. Stormwater drainage into a wetland shall not be increased over, or substantially reduced
below, its pre-development rate or volume.

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Section 60.400.050 Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050F: Stormwater

F. Stormwater
1) Protection of Wetlands
Stormwater runoff from a construction site directed to a wetland shall be substantially free of
silt and debris and shall be discharged at a rate that will not disturb vegetation or increase
turbidity.
2) Runoff Reduction Requirements
a. Increases in the rate or volume of runoff from 2-year, 10-year and 100-year frequency
storms due to development, redevelopment, or change of use activity on the site shall be
detained within the development and released at a rate no greater than existed prior to
the development unless otherwise permitted by the City Engineer as described below.
b. Greater runoffs may be permitted by the City Engineer if downstream stormwater
management facilities are adequate for the conveyance or if the development is adjacent
to a receiving body of water such as a lake or river and proposed runoff is consistent with
the Comprehensive Stormwater Management Plan.
c. On-site management of stormwater shall be accomplished through the use of bioswales,
raingardens, and other best management practices identified by the City to the maximum
extent practicable.
3) Overland Drainage
The use of overland drainage and retention to control stormwater runoff is allowed subject to
approval by the City Engineer, provided that it is consistent with the Stormwater
Management Plan, benefits groundwater recharge, and reduces long-term maintenance
costs.
4) Channel Restrictions Prohibited
a. No fences or structures shall be constructed across an open drainage channel or
easement that could reduce or restrict the flow of water, unless part of an approved
retention or detention facility or a revocable permit has been approved to allow the fence
or structure. If a revocable permit is required, conditions attached to that permit may
require mitigation of impacts related to the crossing.
b. All stormwater management facilities shall be designed and constructed in conformance
with the City’s Comprehensive Stormwater Management Plan and other public works
design criteria.
c. The City may require any water course or stormwater management facility to be located
within a dedicated drainage easement that provides sufficient width for maintenance.
G. Erosion Control, Grading, and Stormwater Management
1) Compliance with Adopted Plans and Local Agencies Required
Stormwater Management and grading plans shall be designed to comply with the standards
of the Rochester Stormwater Management Plan and adopted drainage or stormwater policies
and this Section 60.400.050.

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Section 60.400.050 Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050G: Erosion
Control, Grading, and Stormwater Management
2) Erosion Control
a. Grading Permit
Grading Permits shall address how soil erosion and sedimentation will be minimized
during construction and following final completion of a development. The areas to be
addressed include, but are not limited to, erodible slopes, streambanks and shorelines,
drainageways, borrow and stockpile areas, and drainage structures such as culverts,
drop structures, and stormwater detention and retention practices.
b. Erosion Control Standards
The plans for erosion and sedimentation control shall conform with the Comprehensive
Stormwater Management Plan, City engineering standards, the Minnesota Pollution
Control Agency’s Construction Stormwater Permit, and the following standards.
1) Compliance with the MPCA Construction Stormwater Permit is required of all
activities requiring a grading permit regardless of disturbance area.
2) An acknowledgment that all local, state, and federal requirements have been met
shall be noted on the plans.
c. Stockpiling of Fill in Right-of-Way Prohibited
Material excavated from or to be used as fill on any lot under development shall not be
stockpiled or deposited on any improved public right-of-way.
3) Grading Plans and Requirements
a. When Required
An approved grading plan shall be required:
1) As part of an application for a Final Plat;
2) As part of an application for a Zoning Certificate or conditional use that involves a
development that was not included in a previously approved grading plan and will
disturb over 10,000 square feet of area; and
3) When any land disturbing activity involving the excavation or fill of earth material on
a site equals or exceeds an accumulative total of 50 cubic yards of material.
4) Whenever a Comprehensive Surface water Management Plan is required.
b. Exemptions
The excavation for footing/foundation does not require an approved grading plan.
Installation of utilities not involving other surface grading.
c. Grading Plan Requirements
1) In the design of site grading plans, the provision of adequate buildable areas and
areas for off-street parking is required. The site grading plan shall also take into
account the potential need for accessory buildings and, in the case of Multifamily
Dwellings, required recreation area.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060A: Boulevard Trees

2) Developments shall be designed and constructed with a positive drainage flow

away from buildings towards approved drainage facilities.
3) Plans for stormwater management facilities are subject to City Engineer approval.
4) All interim and permanent stormwater management facilities shall be designed and
constructed in accordance with the standards established in the City’s Stormwater
Management Plan and all applicable city, state and federal regulations and
standards.
4) Stormwater Management Plans and Requirements
a. When Required
A Stormwater Management Plan shall accompany an application for:
1) A General Development Plan or Site Development Plan involving an increase in
impervious surface area. The Stormwater Management Plan for a General
Development Plan is conceptual in nature but provides enough engineering to
establish proof of concept;
2) A Preliminary Plat of land where no Stormwater Management Plan has been
prepared;
3) The master plan of any multi-phase development requiring only Zoning Certificate
or conditional use approval;
4) Any lands not covered by a detailed Stormwater Management Plan including lands
subdivisions; and
5) Other development requiring a grading plan, unless waived by the City Engineer.
b. Stormwater Management Plan Requirements
1) A Stormwater Management Plan shall be prepared to demonstrate compliance with
all applicable rules, regulations, and standards. It shall present all engineering
calculations performed and assumptions used to design the site, site grading, and
stormwater management for the development.
2) The plan shall be consistent with the Rochester Stormwater Management Plan or
adopted drainage or stormwater policies.
3) Where the use of pervious pavers are approved by the City, areas covered by
pervious pavers shall be calculated as impervious areas.
4) Plans for stormwater management facilities are subject to City Engineer approval.

Section 60.400.060 LANDSCAPING, BUFFERYARDS, AND FENCES

A. Boulevard Trees
1) Purpose

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060A: Boulevard Trees

The purpose of this Section 60.400.060A is to establish trees on boulevards on public

streets in all areas of the City.
2) Standards
a. General Requirements
1) Boulevard trees shall be required for the following types of proposed development:
(a) Final subdivision plats that require City Council approval;
(b) Subdivisions that require Planning Commission approval;
(c) Conditional use permits; or
(d) Site Development Plans.
2) Boulevard trees shall be installed prior to or concurrent with the development of the
property, unless otherwise allowed by the terms of the development agreement, the
terms of a Boulevard Tree Green Facilities Agreement as described in Section
600.400.060E, or a prior payment-in-lieu is made to the City as described in
Section 600.400.060A,4.
3) All boulevard tree installation shall meet the minimum standards of Section
60.400.060B.11). A Boulevard Tree Planting Permit must be obtained from the
Parks and Recreation Director prior to planting within the boulevard.
4) The planting plan must be submitted and approved prior to final action by City
Council or as part of a Staff level development permit approval (Site Development
Plan approval or Zoning Certificate/building permit).
5) The Parks and Recreation Director shall review and approve a complete planting
plan.
6) The number of required planting spaces is determined by the standards of Section
60.400.060D.
7) Boulevard tree placement shall comply with the Parks and Recreation Department
Policy on Boulevard Tree Placement and for Standards Associated with New
Commercial Buildings with Business Signs to the maximum extent practicable.
8) The Parks and Recreation Director may authorize deviations from the submitted
planting plan based on unusual or newly discovered site conditions.
b. Boulevard Preparation and Paving
The following provisions apply except in the MX-D districts and in areas of the City
covered by a corridor plan identifying boulevard infrastructure as a City or other Road
Authority responsibility.
1) No boulevard shall be paved by the property owner or applicant outside of the area
established for the sidewalk required for the property and driveway approach,
unless found to be consistent by the Public Works Director with a long-term plan for
pavement improvements.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060A: Boulevard Trees

2) Where the City permits paving within the boulevard by separate permit, each tree
location shall have a minimum of 60 square feet of non-paved permeable surface
surrounding each tree.
3) All boulevards must be vegetated with turf grass or other approved landscaping
outside of the allowed pavement for sidewalk and driveway approach.
4) Development requiring planting of boulevard trees shall be required to apply the
standards and specifications for turf restoration and boulevard treatment as
established by the Public Works Director.
c. Planting Standards
Planting of boulevard trees shall comply with the following standards to the maximum
extent practicable.
1) Tree spacing shall average 50 feet between trees located within the boulevard for
residential properties and 35 feet between the trees located within the boulevard
for commercial properties.
2) A minimum separation of seven feet shall be provided from edge of driveways as
measured at the property line.
3) A minimum separation of 12 feet shall be provided from above-ground utility
equipment.
4) A minimum separation of 20 feet shall be provided from roadway street lighting.
5) A minimum separation of 25 feet between a boulevard tree and the intersection of
sidewalks (normally measured from the property line).
6) Planting on slopes steeper than 60 degrees requires additional review by the Parks
and Recreation Director and may be denied or subject to conditions to mitigate
potential impacts on tree health or nearby areas.
3) Road Authority
This Section 60.400.060A does not apply where the Road Authority determines that
boulevard trees will not be permitted.
4) Payment-in-lieu of Boulevard Tree Planting
a. Applicability
A payment-in-lieu of the requirement to plan boulevard trees as described in this Section
60.400.060A will be permitted if the Director of Parks and Recreation determines that
installation of boulevard trees as required by this Section 60.400.060A.4) is not
desirable because the trees would interfere with sign visibility or with infrastructure.
b. Sign Visibility
If the Parks and Recreation Director determines that compliance with this Section
60.400.060A is not feasible in order to preserve the visibility of signs, then they will
require a payment-in-lieu to the City.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

c. Sequencing
A payment-in-lieu will not be approved unless the City finds that the applicant has
demonstrated that the trees or planting spaces cannot be provided as specified in
Section 60.400.060D and none of the modifications of boulevard tree planting and
installation requirements listed in Subsections 1) through 6) below are practicable on the
property. If the Parks and Recreation Director determines that more than one of the
modifications listed below are practicable on the property, the modification appearing
first in the list shall be required (e.g., if both modifications 1) and 3) are practicable, the
applicant shall be required to comply with modification 1) in lieu of submitting a
payment-in-lieu).
1) Use of alternate canopy tree species;
2) The grouping of trees that may also include alternate tree species (this principle
includes a reduction in the separation distance between trees acceptable to the
Parks and Recreation Director);
3) Substituting understory for canopy trees;
4) Trimming of trees to provide business visibility;
5) Altering sign location, design, height, or sign type; and
6) Compliance with the “payment-in-lieu” requirements.
d. Payment
Payment shall be made prior to the recording of the Final Plat of the subdivision or
issuance of a Zoning Certificate/building permit pursuant to a Development Plan or
Conditional Use Permit approved by the City, or as agreed to in the development
agreement. The calculation of the amount of the cash payment required shall be
computed based solely on the number of boulevard trees reduced by the applicant for
the purpose of sign visibility or infrastructure constrictions multiplied by the annual fee
established by City Council.
e. Funds Established
All payments collected pursuant to this Section 60.400.060A.4) shall be placed in a
neighborhood tree fund and shall be expended within one year of completing
construction. The funds may only be disbursed for the establishment of boulevard trees
on public rights of way. A fee for boulevard trees and installation shall be established on
an annual basis by the City Council.
f. Responsible Agency
After consultation with the Parks and Recreation Director, the Community Development
Director shall determine whether a payment-in-lieu will be accepted by the City. The
payment shall be submitted to the Parks and Recreation Director.
B. General Landscaping
1) Purpose

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

The purpose of this Section 60.400.060B is to improve Rochester’s vegetated environment

and to foster aesthetically pleasing development that will protect and improve Rochester’s
biodiversity and ecosystems.
2) Landscape Plan Required
Any application for a Zoning Certificate or Conditional Use Permit involving the installation of
required plantings shall be accompanied by a landscape plan that includes all required
information.
3) Ownership of Landscape Area
Landscape area ownership may take one of the following three forms.
a. Private Ownership of Landscape Area
Private landscape area is land located on the same zoning lot as the principal use under
the control of the owners of the principal structure or use on the lot.
b. Common Landscape Area
Common landscape area is land within a development not individually owned or
dedicated for public use that is designed and intended for the common use or enjoyment
of the occupants of the development.
c. Public Landscape Area
Public landscaped area is a form of common landscaped area that has been dedicated
in fee to the local governing body or one of its agencies. While maintained for the use
and enjoyment of the general public, the area is designed primarily for the residents of
the particular development where it has been used to meet the landscape area
requirement.
4) Access Requirements
When landscaped area is provided through either common or public means, the area must
be accessible to all residents of the development. Such access may be provided either
through adjacency of the private lots or buildings to the common space, the use of walkways
or accessways leading to the common or public areas, or public rights-of-way that have
frontage on the common or public open space for a distance of at least 40 feet.
5) Development of Private and Common Landscape Areas
Private or common landscape areas shall be developed in a manner that serves one or more
of the following purposes:
a. To separate use areas on the development, such as circulation from recreation;
b. To provide aesthetic benefits by providing a feeling of openness to the development
when viewed from the adjacent right-of-way or adjacent residential properties;
c. For passive or active recreational purposes; and/or
d. To enhance the livability of interior building areas by providing open space adjacent to
windows.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

6) Permissible Types of Landscaped Areas

Landscaped areas include:
a. Required yards, courts, and bufferyards that are free of buildings, structures, and other
substantial improvements (except structures or improvements qualifying as usable
recreational area);
b. Driveways that serve parking areas providing off-street parking for residential buildings
with four or less units shall be permissible landscaped area;
c. Ground surface areas located above underground facilities that meet the other
requirements of this Section 60.400.060B;
d. Pedestrian and bicycle paths;
e. Plazas within a building that are directly oriented to the major pedestrian entrance of the
building and are open to view and use by the public; and
f. Areas developed for either passive of active recreation at ground level and natural areas
such as lakes, ponds, wetlands, or grassed waterways.
7) Impermissible Types of Landscaped Areas
The following are examples of what may not be counted as landscaped area:
a. Public or private right-of-way for streets;
b. Open parking areas or parking garages;
c. Driveways that serve four or more parking spaces; except as provided for in Section
60.400.060B.6);
d. Non-recreational buildings, including storage sheds and carports; and
e. Balconies, screened porches, terraces, or similar passive recreation areas that are an
integral part of the building.
8) Permitted Obstructions over Landscaped Areas
The following shall not be considered obstructions when located over any landscaped area:
a. Unenclosed terraces, fire escapes, planting boxes, or air conditioning units, provided no
such items projects more than six feet into or over the landscaped area;
b. Unenclosed balconies; and
c. Eaves, gutters, or downspouts.
9) Landscaping in Public Rights-of-Way
Landscape materials may be planted within the public right-of-way if permission is obtained
from the Road Authority. Landscape area may be partially within a public right-of-way
following approval of a revocable permit and as provided for in Section 60.500.070A.
10) Preservation of Common and Public Landscape Areas

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

Landscape areas shall be maintained so that use and enjoyment as open space is not
diminished or destroyed. Common or public landscape area may be owned, preserved, and
maintained by any of the following mechanisms:
a. Ownership by the property owner subject to an agreement with the City obligating the
property owner or an entity acceptable to the City to preserve and maintain the area;
b. Through the use of condominium agreements in which all landscaped areas are
identified as “common elements.”
c. Dedication of open space to the City or an appropriate public agency, if either entity is
willing to accept the dedication.
d. Common ownership of the open space by a homeowner’s association that assumes full
responsibility for its maintenance.
e. Dedication of development rights of open space may be made to an appropriate public
agency with ownership and maintenance responsibility remaining with the applicant or
homeowner’s association.
f. Deed-restricted private ownership that shall prevent development and/or subsequent
subdivision of the open-space land and provide for maintenance responsibility.
g. Land designated as the required landscape area for a development shall not be sold,
subdivided, or developed unless adequate landscape area remains for the original
development to meet ordinance requirements. Landscape area for one development may
not be used to comply with the requirements for another development.
11) Planting Requirements
The base planting requirements in this Error! Reference source not found. are intended to
enhance diversification of the landscaping, to include plantings beyond grass.
a. Applicability
1) These requirements shall apply to all non-residential uses, and residential uses
with four or more units, for front yards and, where applicable, street side yards.
2) These requirements do not apply in the MX-D and MX-T districts.
3) Minimum planting as described in Table 400.06-1 shall be located on the lot.
4) Plantings required by some other provision of this UDC, such as bufferyards,
boulevards trees, etc. cannot be counted toward the minimum planting
requirement.
Table 400.06-1 Minimum Planting Requirements

Zoning District MinimumPlanting Requirement

1 understory tree; or
R-2x and R3 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

Table 400.06-1 Minimum Planting Requirements

Zoning District MinimumPlanting Requirement

2 canopy trees; or
2 understory trees, and
R4 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
1 canopy tree; and
MX-N, MX-S, MX-C, and MX-G 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
3 canopy trees; or
4 understory trees; and
BP, LI, and SI 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
Notes
[1] Shrubs must meet the 3-foot minimum height requirement within two years of planting.

b. Tree Placement and Clearances

1) Canopy trees shall be planted no closer than 12 feet from a building foundation,
and understory trees shall be no closer than 10 feet from a building foundation.
2) No tree that has a mature height of 25 feet or greater shall be planted beneath an
existing or proposed overhead utility line. Where canopy trees are required adjacent
to or underneath overhead utility lines, understory trees shall be provided instead
of the required canopy trees at a ratio of 2 understory trees per every 1 required
canopy tree.
3) From time of planting through maturity, front and street side yard plantings shall
not interfere with Visibility Triangle requirements, as described in Error! Reference
source not found..
4) Trees shall not be planted in utility easements. Other plantings, as described in
Error! Reference source not found., Planting in Utility Easements, may be
substituted with the approval of the Community Development Director.
c. Site constraints
Where lot size, topography, easements, or other constraints preclude complying with the
requirements of this Section, the Community Development Director may authorize
alternate plantings or planting locations.
12) Types of Plants Allowed
a. All plant materials must meet specifications of the American Association of Nurseryman
(AAN) for the number and grade.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060B: General Landscaping

b. The Community Development Director may permit other types of plant materials, such as
native grasses and forbs, if they are hardy to the Rochester area and not subject to blight
or disease.
c. Unless specifically indicated otherwise in this UDC, all plant materials shall meet
minimum size standards in Table 400.06-2 Minimum Plant Size.
Table 400.06-2 Minimum Plant Size

Plant Material Type Minimum Size of Plantings

Canopy Tree, Single Stem 2.5 inches caliper

Canopy Tree, Multi-Stem Clump 6 feet height
Understory Tree 4 feet height
Evergreen Tree 6 feet height
Shrub, Deciduous 15 inch height
Shrub, Evergreen 3 feet height

d. Existing, healthy plant material may be used to meet landscaping or bufferyard

requirements provided they meet the minimum plant size specified in Table 400.06-2
Minimum Plant Size.
13) Installation
a. Plantings required by this UDC shall be installed prior to final building inspection unless
the Community Development Director modifies that to allow planting at a time of the year
that will optimize the chances of success for growth of the plant materials.
b. When the Community Development Director extends the time for required plantings to be
installed, the applicant shall provide a letter of credit, a paid-in-full receipt from a
reputable landscape firm, a performance bond or an escrow deposit to ensure that all
plantings are installed.
c. All financial guarantees shall be equal to the sum of 100 percent of the total cost,
including materials and labor, of installation of the required plantings.
d. The City shall be entitled to reimburse itself out of said funds for any cost and expense
incurred by the city for completion of the work in case of default.
e. Where financial guarantees are required for such improvements under other
governmental authority, such as FHA Approval Requirements, and these conditions of
approval meet or exceed the ordinance requirements, no additional guarantee is
required.
14) Visibility Triangle
In any zone district that requires a front or side street building setback, there shall be no
landscaping (other than tree trunks) that extends into the vertical space between three feet
and nine feet above curb grade. Vertical measurement shall be made from the top of the
curb on the street adjacent to the nearest street of the triangle or, if no curb exists, from the

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060C: Parking Lot Landscaping

edge of the nearest traveled way. Horizontal measurement shall be 30 feet along the
property line from the intersection of two streets, or by joining points measured 10 feet back
along a driveway and lot line from the point of intersection of the driveway and lot line.

15) Planting in Easements

a. Vegetation located on utility easements shall be placed so that it does not interfere with
the free movement of service vehicles, or placement and operation of utility facilities.
b. Ground cover, grass, and native grasses, or hedges under three feet in heights may be
installed in or permitted to remain in the public utility easement.
c. Plantings in utility easements shall be placed at the risk of the property owner, and shall
not interfere with reasonable access to the utility facility. Utility Companies will not
replace plantings or landscaping removed or damaged during work within the easement
area.
C. Parking Lot Landscaping
1) Applicability
a. Landscaping is required for all primary use and accessory parking lots to reduce the
visual impacts created by extensive parking areas and to reduce heat island impacts
created by larger parking areas, unless exempted under Subsection b below.
b. Parking lots that are located in a rear yard, contain 20 or fewer spaces, and are located
behind or otherwise screened by a building from view from the public right-of-way shall
be exempt from the landscape island requirements.
2) Parking Lot Screening Adjacent to a Residential Zoning District
Off-street parking areas in Mixed Use and Non-Residential districts that are located adjacent
to a Household Living use (other than a Multifamily Dwelling) located in a Residential district
shall be screened according to the following standards:

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060D: Bufferyards

a. A landscape buffer a minimum of 10 feet in width, measured inward from the property
line on all sides of the property abutting the applicable Household Living use; or
b. A solid wall or fence no less than six feet in height installed on all sides of the property
abutting the applicable Household Living use.
3) Parking Lot Landscape Islands Required
Landscaped islands shall be included to break up parking rows and to allow for drainage. The
interior area of parking lots shall be landscaped according to the following standards.
a. Number of Landscape Islands Required
A minimum of 12 percent of the internal parking lot area, exclusive of perimeter
landscaping or bufferyard plantings, must consist of landscaped islands, unless
permeable paving is used for all parking spaces, then the minimum landscaped islands
percentage may be reduced to five percent.
b. Landscape Island Size and Location Requirements
1) Landscape islands shall be a sufficient size to accommodate required landscaping.
No landscaped island shall be less than eight feet in length or width and a
minimum of 50 square feet.
2) Landscape islands shall be provided in parking areas along the ends of parking
rows, adjacent to lot lines, and used to define the location and pattern of primary
internal access drives.
c. Landscape Island Planting and Tree Requirements
1) Exclusive of bufferyard landscaping and boulevard/street trees, landscape islands
shall each contain a minimum of one tree and three shrubs per 400 square feet.
2) A minimum of 75 percent of the required parking area trees shall be deciduous
canopy-type shade trees.
D. Bufferyards
1) Purpose
The purpose of this Section 60.400.060D is to buffer existing development from abutting
new development of different types, scales, or intensities by providing visual barriers
between those land uses as well as providing more privacy and protecting abutting existing
uses from potential wind, dust, noise, traffic, glare, visual disorder, and harmful or noxious
effects of the new development.
2) Applicability
New development, redevelopment, and changes of use in all zoning districts shall provide
property edge buffering along shared property lines with abutting properties as indicated in
Table 400.06-3, Required Bufferyard Type, regardless of whether the new development is
larger or smaller or more or less intensive than the existing abutting use.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060D: Bufferyards

Table 400.06-3 Required Bufferyard Level

None = No Requirement; 1 = Level 1 Bufferyard; 2 = Level 2 Bufferyard; 3 = Level 3 Bufferyard; 4 = Level 4 Bufferyard
Zone District and Applicant Zone District and Use
Use of Abutting Non-
Property Residential Use Residential
in an Use in an Residential Use Non-Residential All Uses in a
Agricultural and Agricultural in a Mixed Use Use in a Mixed Non-Residential
Residential and District Use District District
District Residential
District
Residential Use in
an Agricultural and None 2 2 3 4
Residential District
Non-Residential Use
in an Agricultural
None 1 1 1 4
and Residential
District
Residential Use in a
None 1 None 1 4
Mixed Use District
Non-Residential Use
in a Mixed Use None None 1 None 2
District
All Uses in a Non-
1 1 1 1 None
Residential District
NOTES
[1] When a residential use proposes 4 or more dwelling units, the required bufferyard is Level 2.

3) Bufferyard Requirements
a. Table 400.06-4, Bufferyard Levels, describes two different bufferyard options in terms of
their function, opacity, width, and planting requirements. Where a particular bufferyard
level is required in Table 400.06-3, Required Bufferyard Level, the requirement may be
met with the combination of minimum buffer width and minimum screening
requirements specified under either Option 1 or Option 2. Where an option requiring a
berm or fence is selected, the berm or fence shall comply with the standards of Section
60.400.060E, Fences, as appropriate.
Table 400.06-4 Bufferyard Levels
Bufferyard Level Minimum Bufferyard Requirements Per 100 Linear
and Configuration Description Feet
Option 1 Option 2
Level 1 Bufferyard: Functions as a basic edge Minimum width of 10
Basic Minimum width of 20
demarcating individual feet, 2 canopy plantings,
feet, 2 understory
properties with a slight visual 2 understory plantings,
plantings, and 8 shrubs
obstruction and 2 shrubs
Level 2 Bufferyard: Functions as an intermittent
Aesthetic visual obstruction and Minimum width of 15 Minimum width of 25
creates the impression of feet, 3 canopy plantings, feet, 2 canopy planting,
spatial separation without

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Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060D: Bufferyards

Table 400.06-4 Bufferyard Levels

Bufferyard Level Minimum Bufferyard Requirements Per 100 Linear
and Configuration Description Feet
Option 1 Option 2
eliminating visual contact 4 understory plantings, 3 understory plantings,
between adjacent properties and 8 shrubs and 6 shrubs
Level 3 Functions as a strong but
Bufferyard: Strong Minimum width of 25 Minimum width of 35
aesthetically pleasing buffer
feet, 6 canopy plantings, feet, 4 canopy plantings,
to help mitigate the intensity
5 understory plantings, 7 understory plantings,
challenges associated with
and 20 shrubs and 15 shrubs
non-residential uses
Level 4 Bufferyard: Minimum width of 25 Minimum width of 35
Opaque Functions as an opaque
feet, 6 canopy plantings, feet, 4 canopy plantings,
screen that prevents visual
5 understory plantings, 7 understory plantings,
contact between uses and
20 shrubs, and a 6 foot 15 shrubs, and a 6 foot
creates a strong impression
tall wooden fence or tall wooden fence or
of total separation
berm berm

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060E: Fences, Walls, and Hedges

b. Bufferyards may contain sidewalks, bikeways, multi-use trails, seating areas, stormwater
facilities, or landscape features provided that the requirements in Table 400.06-4,
Bufferyard Levels, are met.
c. Where the bufferyard between a land use and vacant land turns out to be greater than
the bufferyard that is required between the first use and the subsequently developed
use, the existing use may expand its use into the original buffer area so long as the
requirements of this Section 60.400.060D are met.
E. Fences, Walls, and Hedges
All fences and walls except those installed to protect slopes from subsidence or erosion shall
comply with the following standards. Fences and walls installed to protect slopes shall comply
with the Building Code.
1) No fence, wall, or hedge may extend beyond or across a property line unless in joint
agreement with the abutting property owner.
2) No fence, wall, or hedge shall be placed closer than 18 inches to any public sidewalk or
within five feet of any alley right-of-way.
3) In all zoning districts, fences and walls located between the front of the primary building and
the front lot line shall not exceed 36 inches in height.
4) In all zoning districts, fences and walls located between the front of the primary building and
the front lot line shall not be completely opaque, and shall not be constructed of chain link.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.060 Landscaping, Bufferyards, and Fences Section 60.400.060F: Alternative Equivalent
Compliance
5) Fences and walls that are not located between the front of the primary building and the front
lot line shall not exceed six feet in height above the elevation of the surface of the ground at
any point except:
a. In instances where public safety or security necessitate, through a zoning certificate, the
Community Development Director may authorize fences and walls to have a maximum
height not to exceed 10 feet above the elevation of the surface of the ground at any
point; or
b. When the grade of buildings on abutting lots is greater than that of buildings on the
applicant’s lot, the fence may exceed the height limitations, but shall not exceed the
grade of the abutting building by more than five feet.
6) No fence, wall, or hedge shall be placed closer than 10 feet to the intersection of a driveway
with any right-of-way used for vehicular or pedestrian traffic including alleys.
7) In any district that requires a front or side street building setback, there shall be no sight-
obscuring or partly obscuring wall or fence higher than three feet above curb grade in any
Visibility Triangle. Vertical measurement shall be made from the top of the curb on the street
adjacent to the nearest street of the triangle or, if no curb exists, from the edge of the
nearest traveled way.
8) Where a fence is installed on any property in a Mixed Use or Non-Residential zoning district
along a property line with a lot containing a Household Living use in a Residential zoning
district, the “finished” side of the fence (generally the side where structural supports and
bracing are not visible) shall face the abutting Household Living use.
9) All fences, walls, and hedges shall meet all applicable clearance requirements of the
National Electric Safety Code.
F. Alternative Equivalent Compliance
1) Modifications of the required landscaping, bufferyard, and fencing requirements in this
Section 60.400.060 may be approved by the Community Development Director when
alternatives are justified by site or development conditions. Including but not limited to:
a. Natural conditions, such as watercourses, natural rock formations, or topography;
b. Unique lot size or configuration, particularly for infill and redevelopment projects;
c. The location of existing utility or other easements;
d. Potential risks to public safety; and/or
e. Preservation or natural vegetation.
2) Alternatives from the requirements in this Section 60.400.060 may be approved by the
Community Development Director if the Director determines that the proposed alternatives:
a. Are consistent with the purposes of this Section 60.400.060;
b. Do not include invasive vegetation included in an adopted city, county, or state list of
prohibited or invasive species;

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Chapter 60.400: Development Standards and Incentives
Section 60.400.070 Site and Building Design Section 60.400.070A: Purpose

c. Provide equal or superior buffering of adjacent properties from anticipated visual, noise,
traffic, or activity impacts of the proposed development; and
d. Provide equal or superior visual appearance of the property when viewed from public
rights-of-way and adjacent public Parks or open spaces.

Section 60.400.070 SITE AND BUILDING DESIGN

A. Purpose
The purpose of this Section 60.400.070 is to establish site and building design standards that
foster high-quality, attractive, and sustainable development. The standards are further intended
to:
1) Protect and enhance the character and quality of Rochester’s neighborhoods;
2) Protect and enhance the long-term market value of property within Rochester;
3) Enhance the pedestrian scale of new developments and ensure compatibility between
residential neighborhoods and adjacent non-residential uses;
4) Promote building designs and construction practices that are sustainable and adaptable to
multiple uses for extended building lifecycles;
5) Minimize the negative impacts of on-site activities to adjacent uses; and
6) Balance the community’s economic and aesthetic concerns.
B. Applicability
This Section 60.400.070 shall apply to all site-specific development approvals in the City,
subject to exceptions stated in this Section 60.400.070.
C. Access and Connectivity
All development subject to this Section 60.400.070 shall comply with applicable standards in
Section 60.400.040, Access and Connectivity, as they relate to site design.
D. Parking
All development subject to this Section 60.400.070 shall comply with applicable standards in
Section 60.400.080, Parking, Loading, and Stacking as they relate to site and building design.
E. Site Design
The following standards apply to all new developments and redevelopments in all districts except
as specifically stated in this Section 60.400.070E.
1) Preservation of Natural Areas
Site design shall maximize the use of already-disturbed land for roads, parking areas, or
structures in order to preserve natural and undisturbed areas to the maximum extent
practicable.
2) Hillside Development
a. All slopes shall be stabilized, as required by the adopted Uniform Building Code.

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b. Revegetation or screening of permanent exposed slopes created by any new

development shall be required to stabilize slopes or to enhance the character of
development and provide visual and aesthetic benefit to the community.
c. Where the use of seeding, sodding, or other ground cover treatment cannot be expected
to produce a growth cover, the use of vines or other plant materials to screen the slope
shall be required.
3) On-Site Utility Lines
All on-site electric utility, cable television, communication lines, and other conduits
connecting distributions lines to individual lots shall be placed and maintained underground
unless this requirement is waived by the Community Development Director due to natural or
human-made obstacles that make such placement impracticable.
4) Screening
All Multifamily Dwellings, Group Living, Public, Institutional, Civic, Commercial, or Industrial
uses (as listed in Table 300.02-1, Allowed Uses Table), shall comply with the following
standards. Where a Residential Care Facility occupies a dwelling structure that would be
exempt from these standards if occupied by Household Living uses, the Residential Care
Facility is also exempt from these standards.
a. Ground-Mounted Mechanical Equipment
1) Outdoor ground-mounted mechanical equipment (e.g., utility boxes, water backflow
prevention, electrical boxes, subpanels, air conditioners, heating, cooling, and
ventilating equipment, kitchen hoods and vents, swimming pool equipment, pumps
and heaters, propane tanks, and all other mechanical equipment) shall be located
where they are not visible from public open space, public trails, public streets, or
from adjacent properties to the maximum extent practicable, and shall comply with
all provisions of this UDC regarding location and screening.
2) In cases when ground-mounted mechanical equipment is visible from public open
space, public trails, public streets, or from adjacent properties, the equipment shall
be screened from view by a solid and permanent wall or fence or a vegetative
screen that satisfies the following criteria:
(a) The wall or fence shall be of a height equal to or greater than the height of the
mechanical equipment being screened and shall use at least one of the
predominant materials and colors on the nearest wall of the primary structures
(excluding unfinished CMU block) or another type of permitted wall or fence
installed on the site; or
(b) The vegetative screen must comply with the standards for permitted landscaping
materials and installation in Section 60.400.060B.11), Planting Requirements
(c) The base planting requirements in this Error! Reference source not found. are
intended to enhance diversification of the landscaping, to include plantings
beyond grass.

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b. Applicability
1) These requirements shall apply to all non-residential uses, and residential uses
with four or more units, for front yards and, where applicable, street side yards.
2) These requirements do not apply in the MX-D and MX-T districts.
3) Minimum planting as described in Table 400.06-1 shall be located on the lot.
4) Plantings required by some other provision of this UDC, such as bufferyards,
boulevards trees, etc. cannot be counted toward the minimum planting
requirement.
Table 400.06-1 Minimum Planting Requirements

Zoning District MinimumPlanting Requirement

1 understory tree; or
R-2x and R3 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
2 canopy trees; or
2 understory trees, and
R4 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
1 canopy tree; and
MX-N, MX-S, MX-C, and MX-G 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
3 canopy trees; or
4 understory trees; and
BP, LI, and SI 3 deciduous or evergreen shrubs of minimum 3-foot-height for
every 30 linear feet of lot frontage, planted at least 3 feet part on
center [1]
Notes
[1] Shrubs must meet the 3-foot minimum height requirement within two years of planting.

c. Tree Placement and Clearances

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3) From time of planting through maturity, front and street side yard plantings shall
not interfere with Visibility Triangle requirements, as described in Error! Reference
source not found..
4) Trees shall not be planted in utility easements. Other plantings, as described in
Error! Reference source not found., Planting in Utility Easements, may be
substituted with the approval of the Community Development Director.
d. Site constraints
Where lot size, topography, easements, or other constraints preclude complying with the
requirements of this Section, the Community Development Director may authorize
alternate plantings or planting locations.
(a) Types of Plants Allowed and Section 60.400.060B.13), Installation and shall be
planted along the full length of the equipment to be screened and shall be of a
height equal to or greater than the height of the equipment to be screened at the
time of planting.
2) Commercial Wireless Telecommunication Service (CWTS), Ground-Mounted Solar
Collectors, and other alternative energy systems shall be exempt from any
screening requirements that would impair their ability to perform their intended
functions. CWTS shall comply with all applicable provisions in Section
60.300.030F.1), Commercial Wireless Telecommunication Service. Ground-
Mounted Solar Collectors shall comply with all applicable provisions in Section
60.300.030F.2), Solar Collector, Ground- or Building-Mounted.
e. Loading, Service, and Refuse Areas
1) Outdoor loading, service, and refuse areas shall be integrated into the building
design if possible or shall be located where they are not visible from public open
space, public trails, public streets, or from abutting properties, to the maximum
extent practicable.
2) In cases when loading, service, and refuse areas are visible from public open
space, public trails, public streets, or from abutting properties, the loading, service,
and refuse areas shall be screened from view by a solid wall or fence a minimum of
eight feet in height that incorporates at least one of the primary materials and
colors of the nearest wall of the primary building (excluding unfinished CMU block)
or a vegetative screen planted along the full length of the area to be screened and
a minimum of eight feet in height at the time of planting.
3) Individual waste and/or recycling receptacles for use by the public or by occupants
of the facility are not subject to the location and screening requirements of
subsections 1) and 2) above.

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5) Traffic Calming, Circulation, and Trash Receptacles

Developments over five acres in size and Site Development Plans for individual buildings
containing more than 80,000 square feet of gross floor area shall comply with the following
requirements.
a. Traffic calming design and devices shall be incorporated into the site design.
b. Pedestrian safety improvements shall be incorporated in areas with highest
concentrations of pedestrian traffic (i.e., near building entrances).
c. An outer drive aisle shall be used to divert vehicular traffic away from the area in front of
stores and tenant spaces to the maximum extent practicable.
d. Trash and recycling containers shall be provided near high pedestrian traffic areas.
6) Public Transit Stops
Developments over one acre in size or Site Development Plans for individual buildings
containing more than 20,000 square feet of gross floor area on an existing bus route shall
be designed to accommodate a public transit stop. The transit stop must be located:
a. In proximity to a primary building entrance along a walkway adjacent to the building; or
b. Within 300 feet of a primary building entrance in an abutting parking area connected via
a walkway to the building entrance.
7) Pedestrian Focal Points and Canopy Trees
Developments over one acre in size or Site Development Plans for individual buildings
containing more than 40,000 square feet of gross floor area shall include:
a. Pedestrian focal points with enhanced pedestrian paving such as decorative scored
concrete, stained concrete, exposed aggregate, integral colored, or textured concrete
shall be provided;
b. Canopy trees incorporated along pedestrian walkways at the rate of one canopy tree per
20 lineal feet of walkway. This requirement is in addition to the applicable requirements
in Section 60.400.060, Landscaping, Bufferyards, and Fences, except that any canopy
tree installed in a required bufferyard shall count towards the minimum planting
requirement in that bufferyard; and
c. Above-ground pedestrian amenities that do not require footings may be installed at the
risk of the property owner, provided they do not interfere with reasonable access to the
utility facility, upon obtaining a revocable permit.
8) Usable Recreation Area
Each development containing Multifamily Dwelling uses, or containing a Residential Care
Facility use with 7 or more residents that is subject to Multifamily Dwelling use standards,
shall comply with the following standards.

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a. General Requirements
1) The usable recreation area provided shall be designed primarily for the use of the
residents of the development providing the usable recreation land.
2) Usable recreation area may be developed for either active or passive recreation
purposes, subject to the standards in this Section 60.400.070E.8).
3) Any application for construction or expansion of a Multifamily Dwelling use shall
identify the boundaries of the areas and the types of improvements to be provided
in the designated recreation areas.
4) Land designated as the required usable recreation area for a development shall not
be sold, subdivided, or otherwise developed unless adequate recreation area
remains to comply with the requirements of this UDC.
5) Usable recreation area required to comply with the requirements of this UDC for
one development may not be used to comply with the requirements for another
development.
6) The required square footage of usable recreation area shall equal the floor area of
the Multifamily Dwelling multiplied by the applicable percentage in Table 400.07-1
Minimum Usable Recreation Area Required.
Table 400.07-1 Minimum Usable Recreation Area Required
Number of Units Minimum Area Required
18% of gross floor area of Multifamily Dwelling use, or 240
Four Units or Less
square feet, whichever is greater
10% of gross floor area of Multifamily Dwelling use, or 240
Five Units or More
square feet, whichever is greater

7) Usable recreation area that is landscaped in compliance with the standards in

Section 60.400.060 Landscaping, Bufferyards, and Fences may be used to meet
landscaped area requirements.
b. Permissible Improvements in Usable Recreation Areas
1) General Requirements
(a) Usable recreation areas shall be improved so that they may be used for either
passive or active recreation.
(b) At a minimum, ground level outdoor entertainment or recreation areas shall be:
(i) Improved with grass or other vegetation in compliance with Section
60.400.060 either through seeding or sodding, or left in its natural state.
Areas of natural vegetation must:

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a. Provide pathways and/or sitting and observation areas developed to

provide access to the natural area; and
b. Provide ground cover to prohibit soil erosion; and
c. Not include invasive species of vegetation.
(ii) Improved for use as active recreation areas through the installation of play
equipment such as swings, slides, sandboxes, basketball hoops, tennis
courts, ballfields, swimming pools, and similar uses; or
(iii) Paved or vegetated areas used for picnic tables, lawn furniture, barbecue
stands, or similar amenities that do not involve active team sports.
(c) The following types of spaces within a building may be counted towards the
usable recreation area requirement.
(i) Exterior balconies at least 70 square feet in size that are provided for
individual dwelling units.
(ii) Terrace areas that are open to the sky and accessible to all residents in a
development.
(iii) Separate, accessory recreational buildings at ground level may be counted as
usable recreation area provided that the total impervious surfaces of such
structures do not exceed 10 percent of the total required landscape area for
the development.
(d) Up to one-half of the required recreation area provided at ground level or in an
adjacent public space may consist of water surfaces such as ponds, lakes, or
streams.
(e) Bikeways or Multi-Use Paths located in the interior of a block, surfaced in a dust-
free manner, may be counted towards the usable recreation requirement if the
Bikeway or Multi-Use Path is at least 10 feet in width and is part of an integrated
system leading to principal destinations such as a park, school, or major
recreation area.
2) Dimensions
Ground level landscaped areas and adjacent public open space areas intended to
meet the usable recreation area requirement shall meet the following dimensional
requirements.
(a) If the required recreation area is less than 10,000 square feet, all of it shall be
located in a contiguous portion of the site or lot and no dimension shall be less
than 30 feet, except that inner block play areas for small children that are
improved with play equipment shall have a minimum dimension of 20 feet and a
minimum size of 1,000 square feet. If the required area is less than 900 square
feet, the minimum dimension may be reduced to 15 feet.

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(b) For every 20,000 square feet of required usable recreation area, at least one
area of not less than 10,000 square feet with a minimum dimension of 50 feet
shall be provided.
3) Slope
Ground level landscaped areas and adjacent public spaces intended to meet the
usable recreation requirement shall meet the following requirements:
(a) At least one-half of the required recreation area shall have a finished slope of
less than 10 percent; and
(b) The remainder of the area may have a slope of up to 25 percent if designated
and improved for passive recreational use.
4) Location and Access
(a) On developments containing five acres or more, usable recreation areas should
be centrally located or distributed throughout the development to be readily
accessible to the largest number of residents.
(b) Access must be available to usable recreation areas using common landscaped
area or adjacent public space either through the sharing of common lot lines,
linkage by way of walkways or bikeways, or access by means of a public or private
street right-of-way with a frontage of at least 20 feet on the usable recreation
area.
F. Building Design
1) General Requirements
a. Applicability
The following requirements apply to primary structures occupied by the primary uses
listed below in the zoning districts listed below. All references to land uses or categories
of land uses refer to those shown in Table 300.02-1 Allowed Uses Table.
1) Multifamily dwellings in all districts;
2) All Group Living uses except for Residential Care Facilities in structures that would
be exempt from these standards if they were occupied by a Household Living use,
as shown in Table 300.02-1);
3) Public, Institutional, and Civic uses in all districts except the SI district;
4) Commercial and Industrial uses in all districts except the SI district; and
5) Mixed use developments (i.e., those containing a mix of primary residential and
non-residential uses) in all districts except the SI district.
b. 360-Degree Architecture
All sides of each primary building façade shall be designed to provide architectural and
visual interest and shall provide consistent architectural treatment on all building

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façades. A consistent architectural treatment is one where all building walls have defined
levels of articulation and use different combinations of the same materials.
c. Building Materials
1) Primary buildings shall be constructed of high quality, durable materials including
but not limited to stone, brick, masonry, or wood.
2) The use of asphalt shingles, imitation stone, imitation brick, stucco, exterior
insulation finish systems (EIFS), or vinyl siding is prohibited on any street-facing
building façade.
d. Transparency
1) Window glazing on the bottom two floors on street facing façades of a primary
building shall not include reflective glass.
2) Window glazing on the bottom two floors on street facing façades of a primary
building that do not provide visibility into residential dwelling units shall achieve a
visible transmittance ration (VT) of at least 0.60.
3) In Residential districts, the glazed area of windows and doors shall occupy at least
30 percent of each street facing façade area between three and eight feet above
grade.
4) In Mixed Use districts other than the MX-T and MX-D districts, the glazed area of
windows and doors shall occupy at least 40 percent of each street facing façade
area between three and eight feet above grade, and 30 percent of the non-street
facing facades.
5) In the MX-T and MX-D districts, the glazed area of windows and doors:
(a) In non-residential uses on the ground floor shall occupy at least 65 percent of
each street facing façade area between three and eight feet above grade, and
shall occupy at least 30 percent of each street facing façade area above the
ground floor.
(b) In residential uses on the ground floor shall occupy at least 30 percent of each
street facing façade area between three and eight feet above grade, and shall
occupy at least 30 percent of each street facing façade area above the ground
floor.
e. Roof-Mounted Equipment Screening
1) Roof-mounted mechanical equipment shall be:
(a) Integrated into the design of the structure so that the equipment is not visible
from ground level on any street-facing property boundary; or
(b) Screened by a parapet wall or similar feature that is an integral part of the
building’s architectural design, with a parapet wall height sufficient to screen the
mechanical equipment from all sides when viewed from ground-level on each
street-facing property boundary.

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2) To reduce visual impacts on abutting properties, the color of roof-mounted

equipment shall be the same color as the roof or the same color as an adjacent
wall.
3) Commercial Wireless Telecommunication Service equipment, Building-Mounted
Solar Collectors, and other alternative energy systems are exempt from any portion
of these screening requirements that would impair their functions.
f. Horizontal Articulation
Primary buildings shall be designed to avoid blank wall planes by dividing street-facing
façades into a series of smaller horizontal components that comply with the following
standards.
1) In all districts , each street-facing façade, regardless of exterior wall plane setback,
shall incorporate two or more of the following elements for every 60 horizontal feet:
(a) Projections, recessions, or reveals such as, but not limited to, columns, pilasters,
cornices, and bays, and having a change of wall plane that is a minimum of six
inches in depth;
(b) Change in texture and/or masonry patterns; and/or
(c) Awnings or canopies extending at least four feet beyond the building face with a
minimum vertical clearance of nine feet above the sidewalk. Glowing awnings
(backlit, light showing through the material) are not permitted.

2) In the MX-T and MX-D districts, each street facing façade of each primary building
shall comply with the following standards.

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(a) Access for Ground Level Units

All ground level residential units along all street-facing sides of the building
must provide direct access entries from the building exterior. The Community
Development Director will waive this requirement for some or all of the units,
upon determination that an alternative design will provide a better pedestrian
orientated space along the frontage of the development.
(b) Building Façades Less Than 150 Feet Long
Each street facing façade with a horizontal length between 60 and 89 feet
shall incorporate at least one of the following elements; street-facing façades
with a horizontal length between 90 and 119 feet shall incorporate at least
two of the following elements; and street-facing building façades with a
horizontal length over 120 feet must incorporate at least three of the
following elements for every 60 horizontal feet:
(i) A change in a street facing parapet height of at least two vertical feet,
extending at least 20 horizontal feet of parapet length;
(ii) Horizontally oriented recesses at least eight inches into, or projections or
cornices extending at least eight inches outward from, the building façade
plane, at least eight inches tall, and extending at least 30 horizontal feet
along the building façade (this element may be installed along the entire
building façade, but if so installed shall only count as one of the required
elements on any street-facing building façade longer than 60 feet);
(iii) Vertically oriented recesses at least eight inches into, or projections at least
eight inches outward from, the building façade plane, and at least eight
inches wide, that have a height equal to at least 80 percent of the façade
height;
(iv) Ground level arcades or awnings extending for a horizontal distance of at
least 20 feet in total (individual awnings may be shorter than 20 feet to fit
appropriate building scale); and
(v) Second (and upper) floor balconies on at least 50 percent of the residential
dwelling units on a street facing building façade.
(c) Buildings Façades 150 Feet or Longer
In addition to incorporating at least three architectural elements from
Subsection a above, each street facing façade of a primary building with a
horizontal length over 150 feet (regardless of changes in façade alignment)
shall incorporate at least one of the two design elements listed below.
(i) Forecourt
A wall plane recess creating a forecourt gathering space, which shall
extend along at least 15 horizontal feet of the building façade, shall be a
minimum of 10 feet in depth measured inward from the primary building
wall plane, shall be open to the sky, and shall including windows or doors

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for accessing or viewing the building interior from the forecourt. The
forecourt shall not be used for surface parking but may be used to
satisfy the pedestrian oriented space requirement in Section
60.400.040D.11)d, Pedestrian Oriented Space.
(ii) Top Floor Stepback
A horizontal setback of the top floor of building façade at least six feet
further from the street than the lower floor building façades, extending
along the entire length of that building façade. The stepback may apply
to more than the top floor of the building façade at the applicant’s
option, but may not extend to ground level.
2) Additional Requirements in the MX-T District
Each street facing façade of a primary building in the MX-T district shall comply with the
following standards.
a. Each primary structure shall have at least one pedestrian entrance on each street facing
façade. If the lot has frontage on Broadway, 2nd St., 4th St./Collegeview Rd., 12th St. or 3rd
Ave., the required entrance shall face those streets. If the lot does not have frontage
facing a street, the pedestrian entrance shall face the front lot line.
b. If there are multiple ground-floor commercial tenant spaces on the street facing façade,
each ground floor tenant space with 25 feet or more of frontage shall have at least one
pedestrian entrance facing that street. As an exception to this standard, a maximum of
two abutting ground floor commercial tenants may share a single pedestrian entrance,
with a common vestibule facing that public right-of-way.
c. Each required pedestrian entrance shall open directly to the outside and have direct
access to the adjacent sidewalk without requiring pedestrians to pass through a garage,
parking lot, or a non-pedestrian area located between the pedestrian entrance and the
street.
3) Additional Requirements in the MX-D District
Each primary or accessory building within the MX-D district shall comply with the applicable
DMC Design Guidelines to the maximum extent practicable, as determined by the Community
Development Director.
4) Additional Requirements in the MX-D, MX-T, and MX-I Districts
Each primary building in the MX-D, MX-T, and MX-I districts over 60 feet in height shall
comply with the following standards:
a. Minimum Floor-to-Floor Height
The minimum floor-to-ceiling height of the ground floor of any principal use shall be 13
feet, and on upper floors shall be 12 feet.
b. Vertical Articulation
Each primary building that is more than ten stories in height shall be designed to include
a clearly identifiable base, body, and top of the building.

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1) Base
(a) The base of a primary building shall not be more than three stories or 40 feet in
height, whichever is less.
(b) The base shall incorporate one or more of the following design techniques:
(i) Incorporation of low planters and walls;
(ii) Use of base architectural veneer banding or a wainscot treatment defined by
different materials, textures, or colors; and/or
(iii) Integrated covered walkways, trellises, or architectural awnings that provide
deep shadow at ground level.
2) Body
The body of a primary building shall include all floors of the building between the
base of the building and the top of the building. Each façade of the building body
shall comply with all of the following:
(a) Incorporate at least a 20 percent reduction in floor area from the base of the
building;
(b) Be set back at least 10 feet from the edge of each street-facing base of the
building; and
(c) If the body of the building includes towers (i.e., two or more building floorplates
rising from the base) each of the floorplates shall be separated from each other
by at least 40 horizontal feet.
3) Top
The top of the building shall include all portions of each building façade above the
ceiling plate of the highest occupied floor of the building and may at the applicants’
option also include the façade of the highest occupied floor of the building. On each
façade of the building top, no roofline shall exceed 50 feet in horizontal length
without a visual variation that incorporates:
(a) Projections, recessions, and/or dormers that alter the vertical or horizontal plan
of the roof by at least two feet;
(b) Change in roof height of at least two feet; and/or
(c) Distinct parapet designs and cornice treatments.

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c. Additional Studies
1) For new developments over 100 feet in height, the City will require additional
studies of wind, sunlight, and/or shadow impacts on surrounding properties and
rights-of-way, bicycle, and/or pedestrian facilities, at the applicant’s expense, if the
Community Development Director determines that the proposed height, bulk,
length, location, or shape of the proposed development will create adverse wind,
sunlight/shadow, or public safety impacts.
2) Based on the results of a required study, the Community Development Director may
require that building design features be added, deleted, or changed to minimize or
mitigate those impacts to the maximum extent practicable, provided that no
required change shall have the effect of reducing the gross floor area of the
building below the maximum permitted on that lot.
5) Iconic Building Alternatives
On development sites larger than five acres, or for a primary structure containing a Public,
Institutional, or Civic use, the Community Development Director will waive or adjust the
building design standards in Subsections 1, 2, and 3 to approve an alternative design for a
single primary structure if the Director determines that the following criteria are met.
a. The primary structure is in a highly visible location, or will be highly visible due to its
height or massing, or will contain a Public, Institutional, or Civic primary use; and
b. The alternative design will create equal or better visual interest, or will enhance the
image of the City or the neighborhood where it is located as well or better than, a building
design that complied with all applicable standards in Subsections 1, 2, and 3 above; and

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c. Any adverse impacts on surrounding properties created by the waiver or adjustment of

standards in Subsections 1, 2, and 3 above have been mitigated to the maximum extent
practicable.

Section 60.400.080 PARKING, LOADING, AND STACKING

A. Purpose
This Section 60.400.080F.4.c is intended to regulate the amount and design of off-street
parking and loading for different areas of the City and to help protect the public health, safety,
and general welfare by:
1) Avoiding and mitigating traffic congestion;
2) Providing necessary access for service and emergency vehicles;
3) Providing for safe and convenient interaction between motor vehicles, bicycles, and
pedestrians;
4) Encouraging multi-modal transportation options and enhanced pedestrian safety;
5) Providing flexibility to respond to the transportation, access, and loading impacts of various
land uses in different areas of the City; and
6) Avoiding and mitigating the adverse visual impact of large concentrations of exposed
parking.
B. Applicability
1) General Applicability
Any building, improvement, or use of land approved or erected after January 1, 1992, shall
comply with the requirements of this Section 60.400.080 unless specifically stated
otherwise in this UDC.
2) Exceptions
The requirements of this Section 60.400.080 do not apply to:
a. The adaptive reuse of a building in any Mixed Use district that does not involve any
expansion of the building’s existing square footage. Any square footage additions
resulting in increased building square footage are subject to the parking requirement of
this Section 60.400.080.
b. A Fast Food Restaurant, Neighborhood Food and Service, Standard Restaurant, Business
or Personal Service, Neighborhood Retail, or Small Retail use containing no more than
2,000 square feet of floor area, occupying a ground floor building space fronting a public
sidewalk, and providing direct pedestrian access from the public sidewalk.
c. Development in the Medical Campus District.
C. Compliance with Other City Ordinances
Residential uses shall comply with the parking requirements in Section 11-10 of the Rochester
Code of Ordinances.

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Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080D: Calculation of Parking and Loading
Requirements
D. Calculation of Parking and Loading Requirements
1) Area Measurements
All square footage-based parking and loading requirements shall be computed based on the
gross floor area of the applicable use or structure, as applicable. Parking Garages within a
building containing other primary uses shall not be included in that computation.
2) Parking and Loading for Multiple Uses
a. Lots containing more than one use shall provide parking and loading in an amount equal
to the total of the requirements for all uses.
b. The total number of spaces may be reduced in accordance with Section 60.400.080F.
3) Parking and Loading for Unlisted Uses
For uses not expressly listed in Table 400.08-1, Minimum and Maximum Vehicle Parking
Required, the Community Development Director shall determine minimum parking
requirements based on:
a. Apply the minimum vehicle parking requirement in Table 400.08-1 for the listed use that
is deemed most similar to the proposed use (based on operating characteristics, the
most similar related occupancy classification, or other factors determined by the
Community Development Director);
b. Establish the minimum vehicle parking requirement by reference to parking resources
published by the Institute of Traffic Engineers (ITE) or other acceptable source of parking
demand data; or
c. Establish the minimum vehicle parking requirement based on a Travel Demand
Management Plan in accordance with Section 60.400.080F.9).
E. Minimum and Maximum Vehicle Parking Required
Unless otherwise provided in this UDC, each development shall provide a number of off-street
parking spaces that complies with the requirements of Table 400.08-1, Minimum and Maximum
Vehicle Parking Required.
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or Use Not
Listed = No Requirement
Use All Districts Except the MX-D District MX-D District

Minimum Maximum Minimum Maximum

Residential Uses
Household Living
Dwelling, Single-Family
1 per DU 1 per DU
Detached
Dwelling, Twin-Home 1 per DU 1 per DU

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Chapter 60.400: Development Standards and Incentives
Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080E: Minimum and Maximum Vehicle
Parking Required

Table 400.08-1 Minimum and Maximum Vehicle Parking Required

DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or Use Not
Listed = No Requirement
Use All Districts Except the MX-D District MX-D District

Minimum Maximum Minimum Maximum

Dwelling, Attached 1 per DU 1.5 per DU 1 per DU 1.5 per DU

Dwelling, Duplex, Same Lot 1 per DU 1 per DU
Dwelling, Triplex 1 per DU 1 per DU
Dwelling, Fourplex 1 per DU 1 per DU
Dwelling, Multifamily 1 per 1 BR unit; 2 per
2 BR unit; 2 per 3 BR
0.5 per DU 1.5 per DU 0.5 per DU
unit; 2 per 4 BR unit
or more
Dwelling, Live/Work 0.75 per DU
Dwelling, Cottage
1 per DU 2 per DU 1 per DU 1.5 per DU
Development
Manufactured Home Park 1 per DU 2 per DU 1 per DU
Group Living
Congregate Housing 1 per 2 beds 1 per bed 1 per 3 beds 1 per 2 beds
Dormitory 1 per 2 beds 1 per 3 beds 1.5 per bed
Medical Stay Dwelling Unit 1 per DU 2 per DU
Nursing Home 1 per 3 beds 1 per 2 beds 1 per 4 beds 1 per 2 beds
Offender Transitional
1 per 3 beds 1 per 4 beds
Housing
Residential Care Facility 1 per 3 beds 1 per 2 beds 1 per 4 beds 1 per 3 beds
Public, Institutional, and Civic Uses
Art Gallery, Museum, and 1 per 500 sq. ft.
Library 1 per 700 sq. ft. 1 per 800 sq. ft.
(TOD)
Cemetery
College or University TDM Plan Required TDM Plan Required
Community Center 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. 3 per 1,000 sq. ft.
Correctional Facility 2.5 per 1,000 sq. ft. 5 per 1,000 sq. ft.
Day Care Facility 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 1 per 1,000 sq. ft.
Emergency Service 2.5 per 1,000 sq. ft. 5 per 1,000 sq. ft. 1 per 1,000 sq. ft.
Funeral Home 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 1 per 1,000 sq. ft. 3 per 1,000 sq. ft.
Medical Facility 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 1 per 3 beds
Place of Worship 1 per 5 seats 1 per 4 seats
School 1 per 10 seats in the
auditorium or main
assembly room, or 1

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Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080E: Minimum and Maximum Vehicle
Parking Required

Table 400.08-1 Minimum and Maximum Vehicle Parking Required

Minimum Maximum Minimum Maximum

per classroom,
whichever is greater
Social Services 2.5 per 1,000 sq. ft.
Specialized Education 3 per 1,000 sq. ft. 5 per 1,000 sq. ft. 1 per 1,000 sq. ft.
Commercial Uses
Agricultural and Animal Uses
Agriculture Production No requirement
Agriculture Retail No requirement
Veterinary and Animal 1 per 500 sq. ft. in
Services excess of 4,000 sq.
2 per 1,000 sq. ft.
ft. (minimum of 4
spaces)
Entertainment and Recreation
Adult Entertainment 1 per 400 sq. ft. in 1 per 500 sq. ft. in
1 per 400 sq. ft. in
excess of 1,000 sq. excess of 4,000 sq.
MX-T
ft. ft.
Auditorium or Civic Center 1 per 6 seats 1 per 4 seats in MX-T 1 per 6 seats
Campgrounds or RV Park 1 per overnight site
Indoor Entertainment or 1 per 400 sq. ft. in 1 per 500 sq. ft. in
Recreation 1 per 200 sq. ft. in
excess of 1,000 sq. excess of 4,000 sq.
MX-T
ft. ft.
Indoor Gun Range 1 per 3 persons
based on maximum
capacity
Outdoor Entertainment or 1 per 4 persons
Recreation based on max
capacity
Food, Beverage, and Lodging
Bar or Tavern 1 per 400 sq. ft. 1 per 200 sq. ft. 1 per 400 sq. ft. 1 per 300 sq. ft.
Bed and Breakfast 1 per each guest
1 per 2 guest rooms 1 per guest room
room
Fast Food Restaurant 1 per 200 sq. ft. 1 per 150 sq. ft. 1 per 250 sq. ft.
Hotel or Motel 1 per guest room 1 per guest room 1 per 2 guest rooms
Neighborhood Food and
1 per 300 sq. ft.
Service
Standard Restaurant 1 per 350 sq. ft. 1 per 250 sq. ft. 1 per 450 sq. ft. 1 per 250 sq. ft.

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Table 400.08-1 Minimum and Maximum Vehicle Parking Required

Minimum Maximum Minimum Maximum

Office, Business, and Professional Services

Art Studio and Workshop 1 per 600 sq. ft. in 1 per 800 sq. ft. in
excess of 1,000 sq excess of 4,000 sq. 1 per 500 sq. ft.
ft. ft.
Business or Personal Service 1 per 600 sq. ft. in 1 per 500 sq. ft. in
excess of 1,000 sq. 1 per 300 sq. ft. excess of 4,000 sq. 1 per 100 sq. ft.
ft. ft.
Financial Institution 1 per 500 sq. ft. in
1 per 600 sq. ft. excess of 4,000 sq.
ft.
Office 1 per 500 sq. ft. in
1 per 500 sq. ft. 1 per 400 sq. ft. excess of 4,000 sq. 1 per 300 sq. ft.
ft.
Research and Testing 1 per 1,500 sq. ft. 1 per 400 sq. ft. 1 per 1,500 sq. ft. 1 per 1,000 sq. ft.
Retail Sales
Retail, Neighborhood 1 per 200 sq. ft. 1 per 300 sq. ft. 1 per 300 sq. ft. 1 per 200 sq. ft.
Retail, Small 1 per 250 sq. ft. 1 per 400 sq. ft. 1 per 500 sq. ft. 1 per 300 sq. ft.
Retail, Medium 1 per 300 sq. ft.; 1 per 500 sq. ft. in
Except 1 per 600 sq. 1 per 300 sq. ft. excess of 4,000 sq. 1 per 300 sq. ft.
ft. in MX-T ft.
Retail, Large 1 per 500 sq. ft. in
1 per 400 sq. ft. 1 per 300 sq. ft. excess of 4,000 sq. 1 per 300 sq. ft.
ft.
Vehicles and Transportation
Automotive Center 3 per service bay 2 per service bay
plus 1 per 200 sq. ft. plus 1 per 500 sq. ft.
of retail area of retail sales area
Automotive Repair Services, 2 per service bay 2 per service bay
Major plus 1 per 300 sq. ft. plus 1 per 600 sq. ft.
of retail area of retail sales area
Fueling Station 1 per 250 sq. ft. of 1 per 400 sq. ft. of
retail sales area retail sales area
Motor Freight and
Warehousing
Motor Vehicle Sales, 1 per 500 sq. ft. of
Leasing, or Storage indoor sales or
leasing space
(excluding areas

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Table 400.08-1 Minimum and Maximum Vehicle Parking Required

Minimum Maximum Minimum Maximum

used only for indoor

vehicle storage)
Public Transportation
Dispatch Facility

Manufacturing, Processing, and Commercial Services

Artisan Manufacturing 1 per 400 sq. ft. in 1 per 500 sq. ft. in
excess of 1,000 sq. excess of 4,000 sq. 1 per 700 sq. ft.
ft. ft.
Heavy Commercial Services 1 per 1,000 sq. ft.
Heavy Industry 1 per 1,000 sq. ft.
Light Industry 1 per 1,000 sq. ft. 1 per 1,200 sq. ft. 1 per 1,000 sq. ft.
Recycling Transfer Facility 1 per 1,000 sq. ft. 1 per 1,000 sq. ft. 1 per 700 sq. ft.
Repair and Maintenance 2 per repair bay plus 2 per repair bay plus
Shop 1 per 1,000 sq. ft.
1 per 600 sq. ft. 1 per 1,000 sq. ft.
Storage and, Distribution, and Wholesaling
Junkyard
Self Service Storage Facility 1 per 10 indoor 1 per 10 indoor 1 per 5 indoor
storage units storage units storage units
Wholesale Facility 1 per 1,200 sq. ft., 1 per 1,200 sq. ft., 1 per 700 sq. ft. plus
plus 1 per vehicle plus 1 per vehicle 1 per vehicle
normally stored on normally stored on normally stored or
the site the site parked on site
Resource and Extraction
Landfill
Quarry
Sand or Gravel Excavation
Accessory Uses and Structures
Animal Husbandry 1 per 700 sq. ft.
Drive-in Facility See Section
60.400.080L.3)
Residential Management or 1 per 400 sq. ft. in
Sales Office 1 per 500 sq. ft.
MX-T
Temporary Uses
Carnival or Festival Determine on case- Determine on case-
by-case basis at time by-case basis at time

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Table 400.08-1 Minimum and Maximum Vehicle Parking Required

Minimum Maximum Minimum Maximum

of temporary use of temporary use

permit permit
Contractor’s Office and Yard 1 per 500 sq. ft. 1 per 700 sq. ft.

F. Minimum Parking Adjustments

1) General
a. Unless stated otherwise in this Section 60.400.080F, the required off-street parking
spaces required by Table 400.08-1, Minimum and Maximum Vehicle Parking Required,
shall be adjusted in accordance with this Section 60.400.080F.
b. Regardless of which adjustments in this Section are applied, required off-street parking
spaces for Residential uses, as shown in Table 300.02-1 Allowed Uses Table, shall not
be reduced by more than 20 percent of the minimum amount required by Table
400.08-1, Minimum and Maximum Vehicle Parking Required.
c. Regardless of which adjustments in this Section are applied, required off-street parking
spaces for any land uses not listed as residential land uses in Table 300.02-1 Allowed
Uses Table shall not be reduced by more than 40 percent of the minimum amount
required by Table 400.08-1, Minimum and Maximum Vehicle Parking Required.
d. All listed adjustments may be approved administratively, except for adjustments based
on a TDM Plan, which shall be reviewed by, and may be approved by, the Planning
Commission.
2) Minimum Parking Reduction for Uses Located in the MX-T
The number of off-street parking spaces for all uses may be reduced up to 20% when located
in the MX-T.
3) Shared Parking
Where two or more uses listed in Table 300.02-1 Allowed Uses Table share a Parking Lot or
Garage, the total off-street parking requirement for those uses shown in Table 400.08-1,
Minimum and Maximum Vehicle Parking Required, may be reduced by the factors shown in
Table 400.08-2 Shared Parking Reduction below. If only two primary uses of land are sharing
the parking, the total off-street parking required shall be the sum of the two parking
requirements for the two uses divided by the factors for that combination of uses shown in
Table 400.08-2 Shared Parking Reduction. If more than two uses share a parking lot or
structure, the required parking shall be calculated by applying Table 400.08-2 Shared
Parking Reduction below to the two uses with the largest parking requirements and then

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adding the required parking as shown in Table 400.08-1, Minimum and Maximum Vehicle
Parking Required, for the additional uses.
Table 400.08-2 Shared Parking Reduction
Add the requirements in Table 400.08-1, Minimum and Maximum Vehicle Parking Required, and divide by the factors shown
below.
Food, Beverage,
Public,
Multifamily Indoor Other
Property Use Institutional, or Retail
Dwellings Entertainment, Commercial
Civic
or Lodging

Multifamily Dwellings 1.0

Public, Institutional, or
1.1 1.0
Civic

Food, Beverage, Indoor

Entertainment, or 1.1 1.2 1.0
Lodging
Retail 1.2 1.3 1.3 1.0
Other Commercial 1.3 1.5 1.7 1.2 1.0

4) Student Housing Reduction

Dwelling units in a new residential development that are restricted solely to the residency
and occupancy of students of an accredited educational facility with a physical campus
within the municipal boundaries of the City are not required to provide off-street parking for
dwelling units during the period of time the student residency restriction is in effect. For every
10 dwelling units that receive the exemption from providing off-street parking, at least one
off-street parking space for the use of visitors to the dwelling units must be provided on site.
5) Public Parking Availability Reduction
a. On-Street Parking Spaces
Public, metered on-street parking spaces lying adjacent, in whole or in part, to the
property line of the zoning lot for a new development with a non-residential land use that
must provide off-street parking may count the adjacent metered on street spaces as all
or part of the required off-street parking spaces.
b. In a Garage
The number of off-street accessory parking spaces for any non-residential use may be
reduced by 10 percent if the new non-residential use is on a lot that lies within 500 feet
of a publicly owned Parking Garage, as measured from the nearest point on the property
line of the lot where the Parking Garage is located to the nearest point on the property
line of the lot where the non-residential use requiring off-street parking is located.

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6) Transit-Related Reductions
a. Transit Proximity
The number of required off-street parking spaces for residential uses may be reduced by
10 percent if the lot where the new residential development is located is within 660 feet
of a signed bus stop or bus shelter serving a weekday bus route.
b. Transit Improvement
The number of required off-street parking spaces for non-residential uses may be
reduced by ten percent if the Public Works Director determines that new development
provides an adequately designed, sheltered transit stop within the development, in a
location that will promote transit use in the City. This reduction shall not be awarded for
that are detached from the principal structure on the site and located in the public right-
of-way.
7) Shared Car Reduction
A reduction in the number of required Residential off-street parking spaces may be granted if
a shared or community vehicle is available for use by residents of a new residential
development. Where one or more passenger vehicles are available on-site with an
established procedure for private use by residents, the minimum parking requirement for a
Residential use may be reduced by an additional 20 percent provided there are no more
than 75 residential dwelling units per shared vehicle.
8) Ground Floor Retail Development Reduction
New mixed use developments that include a ground-floor Retail Sales type use or a Fast
Food Restaurant, Neighborhood Food and Service, or Standard Restaurant use may reduce
their parking requirement by 10 percent. The use must front a public street and have
pedestrian access from the street.
9) Travel Demand Management Plan
a. Purpose
A Travel Demand Management (TDM) Plan allows flexibility for uses that have widely
varying parking and loading demand characteristics that make it difficult to specify a
single off-street parking or loading standard.
b. Applicability
Applicants may submit a TDM Plan for any new development in any district. The City may
require a TDM Plan for new developments with over 25,000 square feet gross floor area
or as otherwise stated in this Section 60.400.080F.9).
c. Standards
The TDM Plan shall estimate parking demand for the proposed use based on the
recommendations of the Institute of Traffic Engineers (ITE), Urban Land Institute, the
International Council of Shopping Centers, the American Planning Association, or other

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acceptable sources of parking demand data for uses and/or combinations of uses of
comparable activities, scale, bulk, area, and location.
d. Procedure
The Planning Commission shall review each TDM Plan and may adjust the minimum and
maximum parking standards in Table 400.08-1, Minimum and Maximum Vehicle Parking
Required, as adjusted by any other provisions of this UDC, based on information
contained in the TDM Plan, subject to the limitation in Subsection 1.b above.
G. Maximum Parking Adjustments
1) The provision of parking spaces beyond the maximum specified in Table 400.08-1, Minimum
and Maximum Vehicle Parking Required, may be allowed where public parking is proposed
as a replacement for existing public parking removed as part of a redevelopment plan or
where the City has by agreement secured spaces for public parking in a parking structure
built as part of a new private development.
2) Uses in existence as of January 1, 2023 having more off-street parking spaces than the
maximum number specified in Table 400.08-1, Minimum and Maximum Vehicle Parking
Required, are permitted to continue to legally use all available parking spaces and shall not
be considered non-conforming because of the excess number of parking spaces.
H. Visitor Parking
1) In all zoning districts except the R-2x, MX-T, and MX-D districts, new developments containing
any combination of Single-Family Detached and Attached and/or Multifamily Dwellings, shall
provide visitor parking in addition to the required off-street parking for each dwelling unit
based on the requirements in Table 400.08-3 Visitor Parking Requirements. Required visitor
parking may be provided on-street, off- street, in any type of permitted shared Parking Lot or
Garage, or in parking bays designed as part of the original development.
2) All proposed subdivisions shall be reviewed for consistency with these requirements during
the subdivision approval, and all other developments shall be reviewed during Site
Development Plan approval.

Table 400.08-3 Visitor Parking Requirements

Residential Use Spillover Parking Spaces Required
Single-Family Detached Dwelling 0.1 per dwelling unit
Attached Dwelling 0.25 per dwelling unit

Multifamily Dwelling 0.2 per dwelling unit

0-50 units
51+ units 0.1 per dwelling unit

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I. Small Car Percentage

In any Parking Lot or Garage providing over five spaces a percentage of the total spaces may be
designed and marked for small cars according to Table 400.08-4 Small Car Percentage.
Table 400.08-4 Small Car Percentage
Total Space Required Maximum Percentage of Small Car Spaces
5-99 30%
100-149 40%
150 and more 50%

J. Design and Location of Vehicle Parking

1) Accessible Parking
The number and design of accessible parking spaces shall be pursuant to the International
Building Code (IBC).
2) Dimensions of Parking Spaces and Drive Aisles
All on-site parking and maneuvering areas shall be constructed according to the following
dimensional standards.
a. All parking aisles shall terminate with a bump-out for turnaround maneuverability.
b. The length of a parking stall may be reduced allowing the front of vehicles to overhang
the required parking space to the extent shown in Table 400.08-5, provided that:
1) Any raised curb in the overhang areas is no more than four inches in height; and
2) The front of the parking space is located adjacent to a landscaped area or sidewalk
that is at least six feet in width.
c. Parking space dimensions shall meet the requirements of Error! Reference source not
found. unless specifically stated otherwise in this Section.

Table 400.08-5 Parking Dimension Requirements (in feet)

Two Rows of Two Rows of
Parking Two-Way Parking Overhang
Angle Stall Length One-Way Aisle
Accessed from Module Width Accessed from Reduction
One-Way Aisle Two-Way Aisle
30° 15 11 41 20 50 1.3
45° 17.6 12 47 20 55 1.9
60° 19 13.6 51.6 21 59 2.2
90° 18 20 56 23 59 2.6

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3) Access
a. A Parking Lot or Garage shall be designed to ensure safe and easy ingress, egress, and
movement through the interior of the lot.
b. Vehicular entrance drives shall be located and designed to minimize interference with
pedestrians.
4) Location
a. For Single-Family Detached and Same Lot Duplex Dwelling uses in all districts, off-street
parking areas shall be located in a garage or on a driveway. Parking spaces that are
located between the building façade and the front lot line, and that are not located in a
permitted driveway parking area, are prohibited.
b. For all other uses in an Agricultural and Residential and Mixed Use district, off-street
parking areas shall not be located between the front building façade and the adjacent
street frontage.
c. Required off-street parking and loading shall be located on the same lot as the principal
use except that:
1) Up to 25 percent of required parking for a residential use in the MX-I, MX-T, or MX-D
districts may be provided within 500 feet of the site containing the non-residential
use.
2) Up to 50 percent of required off-street parking for any non-residential use in any
district other than the MX-D district may be provided within 600 feet of the site
containing the non-residential use.
3) Parking locations for the MX-D district shall comply with Section 60.400.080J.5),
Location Requirements in the MX-D District.
4) As a condition of approval of off-site parking pursuant to Subsections 1 or 2 above,
the applicant shall provide to the City evidence of the availability of the off-street
parking for the exclusive use of the applicant’s residential or non-residential land
use.
d. To the maximum extent practicable, accessory parking shall be located at the rear of the
principal building with access from an alley or if constructed as part of the principal
building behind the front façade of the principal building.
e. If is not feasible to locate the Parking Lot or Garage to the rear of the principal building,
the parking may be located to one side of the principal building. A Parking Lot or Garage
located to one side of a principal building shall be no more than 60 feet in width (not
including any required landscape buffer areas) measured from the side wall of the
principal building.
f. If the principal building and Parking Lot or Garage is situated on a corner lot, the parking
must be located to allow the principal building to be built to both the front and side-street
property lines. A portion of the Parking Lot or Garage may front along the side-street lot
line when situated behind the rear wall (or parallel extension thereof) of the principal

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building on the lot and subject to any other identified design features, setback, buffering,
screening, and landscaping.
g. Notwithstanding any MX-T district requirements, a new or expanded Parking Lot or
Garage shall not abut any of the seven “active/pedestrian streets” shown on the Map
below. A parking Lot or Garage is not considered to be abutting a street frontage if it is
separated from the street property line by a principal building that is at least 15 feet in
depth, one story above the sidewalk grade, and at least as wide as the parking facility on
the lot.

5) Location Requirements in the MX-D District

The following additional location requirements apply in the MX-D district.

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a. Parking for residents and short term, high turnover users such as visitors, guests,
customers, or patrons may be provided off-site from the primary use.
b. Parking for long-term, low turnover users such as employees of on-site businesses may
be provided on-site or accommodated outside of the immediate area where the use is
located at a remote park and ride facility where connecting service by public transit or
private shuttle is arranged for use of on-site employees.
c. Private parking facilities for off-site contract parking of employees of businesses or
organizations in the MX-D district may not be constructed in the MX-D district.
6) Additional Driveway Parking in Residential Districts
a. In a side yard if the yard is at least eight feet in width and the parking area is paved.
b. In the required front yard or side street side yard on an established driveway. All
driveways must lead to a garage or to off-street parking spaces that meet the provision of
this UDC.
c. One additional space may be provided outside of the driveway if the following conditions
are met:
1) The space is covered by pavement. Paving may include impervious surfaces
(excluding gravel), concrete, bituminous, and Hollywood driveways (parallel paved
tracks separated by a grass strip).
2) The space is not in that part of the required front yard or side street yard in front of
the dwelling located upon the lot.
3) The parking space does not cover more than 20% of the front yard or side street
side yard.
4) Access to the space is from the driveway and not the result of a separate or wider
driveway approach.
5) The space is landscaped along the side away from the established driveway with a
minimum of five shrubs meeting the requirements of this UDC. There must be
adequate area between the driveway and the side lot line to allow room for the
shrubs to grow on the property.

7) Stormwater Drainage
a. Parking Lots shall be constructed such that all surface water is directed into a landscape
bump out, island, or endcap.
b. For all new Parking Lots containing 12 or more spaces, the following best management
practices shall be used to improve stormwater infiltration and water quality:
1) Permeable pavement materials shall be installed. If such materials are the only
practice employed from this list, then they shall cover at least 25 percent of the
total Parking Lot area;

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2) Treatments such as culvert outfalls, bioretention basins, or vegetated swales shall
be installed; or
3) Other combinations of best management practices for stormwater infiltration and
water quality subject to approval by the Community Development Director and
Public Works Director.
c. Water drainage from a Parking Lot shall not flow across a sidewalk.
8) Lighting
a. The following requirements apply to Parking Lots, Parking Garages, and accessory
parking facilities in the zoning districts and for the uses listed below. All references to
land uses or categories of land uses refer to those shown in Table 300.02-1 Allowed
Uses Table.
1) Multifamily Dwellings in all districts;
2) All Group Living uses except for Residential Care Facilities in structures that would
be exempt from these standards if they were occupied by a Household Living use,
as shown in Table 300.02-1 Allowed Uses Table;
3) Public, Institutional, and Civic uses in all districts except the SI district;
4) Commercial and Industrial uses in all districts except the SI district; and
5) Mixed use developments (i.e., those containing a mix of primary residential and
non-residential uses) in all districts except the SI district
b. Any exterior lighting provided for a Parking Lot or Garage shall use full-cutoff luminaires.
If pole mounted, the maximum height of the luminaire shall be 18 feet with a maximum
permitted illumination of one foot-candle at the property line.
c. The light source of the luminaires used for interior lighting in a Parking Lot or Garage
shall be completely shielded from view by persons standing anywhere within the adjacent
street right-of-way.
9) Electric Vehicle Charging
Parking areas with more than 50 parking spaces shall provide a minimum of one parking
space dedicated to electric vehicles for every 25 parking spaces provided on site. The
provision of three of fewer electric vehicle parking spaces shall not count toward the
maximum allowed number of parking spaces. The provision of four or more electric vehicle
parking spaces shall count toward the maximum allowed number of parking spaces. The
electric vehicle parking space shall be:
a. Located on the same lot as the principal use;
b. Signed in a clear and conspicuous manner indicating exclusive availability to electric
vehicles; and
c. Outfitted with a standard “Level 2” electric vehicle charging station.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080K: Use of Vehicle Parking

10) Parking Garage Design Requirements

The following additional design standards apply to Parking Garages in all districts.
a. Height and Depth Requirements
In order to allow for possible future conversion to non-parking uses, street facing ground
floor frontages of Parking Garages shall have a minimum height of 12 feet and shall be
designed so that a minimum horizontal distance of 22 feet from each street-facing
façade is not occupied by structural columns or driving aisles required to access parking
spaces.
b. Upper Floor Screening
Street-facing façades above the ground floor of a Parking Garage shall screen vehicles by
partial walls, windows, or other screening devices constructed of similar building
materials as the primary structure and not less than three feet in height so that lower
portions of vehicles are not visible from adjacent public streets.
11) Pedestrian Walkways
Where a building façade providing customer or patron access is 400 feet in length or greater,
walkways from building entrances or sidewalks adjacent to the building shall be extended
into on-site parking areas at a rate of one per 250 feet of building façade and shall extend
into the parking area a minimum of one-third of the depth of the parking lot area.
12) Parking Lot Landscaping
Standards on Parking Lot landscaping can be found in Section 60.400.060, Landscaping,
Bufferyards, and Fences.
K. Use of Vehicle Parking
1) Off-street parking shall be improved and available for use at the time of final building
inspection when a use or structure is first occupied, enlarged, or increased in capacity. When
a change in use is proposed, the Community Development Director shall review the site
layout in relation to the new use to ensure adequate off-street parking is available.
2) Off-street parking shall be permitted only in areas designed and maintained for such use
consistent with the requirements of this Section 60.400.080.
3) Areas designated for off-street parking shall not be used for the open storage of goods or the
commercial repair of vehicles.
4) Automotive vehicles or trailers without current legal license plates or that are inoperable
shall not be stored or parked in any Parking Lot in any Agricultural or Residential District
unless in a completely enclosed building.
5) Automotive vehicles or trailers without current legal license plates or that are inoperable
shall not be stored or parked on any public right-of-way in any Agricultural or Residential
District.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080L: Loading and Stacking Areas

6) Excess, existing accessory off-street parking spaces no longer needed to comply with this
Section 60.400.080, may not be converted to a commercial parking facility with more than
four parking spaces, unless the conversion is approved as an interim use in accordance with
Section 60.500.040NL, Interim Use Permit.
L. Loading and Stacking Areas
1) Number and Size of Loading Berths Required
a. Loading berths shall meet the requirements of Table 400.08-6 Required Off-Street
Loading Berths.
b. The minimum turning radius for truck traffic areas to access a loading berth shall be 40
feet.
c. A minimum stacking distance of 40 feet shall be provided at all ingress/egress access
drives intersecting with a street.
d. Variations from these standards may be approved by the Community Development
Director based on information provided by the applicant demonstrating that the vehicle
loading operations of the proposed use differ from the standards in Table 400.08-6
Required Off-Street Loading Berths or from those otherwise required by this Section
60.400.080.

Table 400.08-6 Required Off-Street Loading Berths

Gross Floor Area in Sq. Ft. Number of Loading Berths Required Size of Each Loading Berth Required
Less than 10,000 None N/A
10,000 -- 29,999 1 10 feet x 25 feet
30,000 -- 100,000 2 12 feet x 50 feet
2, plus 1 additional loading berth for 14 feet wide x 50 feet long x 14 feet high
100,000 and More every 100,000 sq. ft. beyond the first
100,000 sq. ft.

2) Location of On-Site Loading Areas

a. Required off-street loading spaces shall not be located in any front yard or in any
required street side yard.
b. Off-street loading spaces may occupy all or any part of a required rear yard where
visibility from public streets and windows of neighboring buildings will be minimized.
c. Loading berths and access routes to loading berths shall not interfere with Parking Lot or
Parking Garage maneuvering areas or with designated on-site patron drop-off/pick-up
locations.
d. State and City streets or rights-of-way shall not be used for loading and unloading
purposes without prior City approval of a revocable permit.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.080 Parking, Loading, and Stacking Section 60.400.080M: Bicycle Parking

3) Vehicle Stacking Areas

a. All uses with an entry gate, guard house, or drive-through shall provide the minimum
number of on-site stacking spaces indicated in Table 400.08-7 Minimum Vehicle
Stacking Space Required.
Table 400.08-7 Minimum Vehicle Stacking Space Required
Use MX-T and MX-D Districts All Other Areas

Automotive Center 3 Spaces 5 Spaces

Food, Beverage, and Lodging Uses 3 Spaces 5 Spaces
Financial Institutions 2 Spaces 3 Spaces
Other Uses 2 Spaces 3 Spaces

b. Stacking spaces shall comply with Section 60.400.020F, Neighborhood Protection

Standards, as applicable.
c. Required parking spaces shall be designed and located to avoid interference with
maneuvering into parking spaces or traffic flow in parking aisles, streets, bikeways, multi-
use paths, sidewalks, or patron pick-up/drop-off areas.
d. The site design for Outdoor Entertainment or Recreation uses such as stadiums with on-
site parking shall provide stacking space for inbound vehicles equal to the area needed
to handle three percent of the number of vehicles anticipated at full capacity of the
seating area (assuming four persons per vehicle), unless the Road Authority has agreed
that use of streets in the area for stacking is suitable.
M. Bicycle Parking
This Section 60.400.080M applies to developments over one acre in size or Site Development
Plans for individual buildings containing more than 40,000 square feet. The Community
Development Director will waive or adjust the requirements of this subsection if a particular use,
project, district, or location does not warrant the bicycle parking in the amount specified below.
1) Minimum Amount Required
a. Developments over one acre in size, new or expanded developments in the MX-D and
MX-T districts, or Site Development Plans for individual buildings containing more than
40,000 square feet of gross floor area shall provide bicycle parking at a rate of one
bicycle space per 10 vehicle spaces required for the proposed land use(s) as shown in
Table 400.08-1, Minimum and Maximum Vehicle Parking Required, without any
reductions permitted or approved by Section 60.400.080F, Minimum Parking
Adjustments, with a minimum of 10 bicycle parking spaces required.
b. Developments over five acres in size, new or expanded developments in the MX-D and
MX-T districts, or Site Development Plans for individual buildings containing more than
80,000 square feet of gross floor area shall provide bicycle parking at a rate of one
bicycle space per 10 vehicle spaces required for the proposed land use(s) as shown in
Table 400.08-1, Minimum and Maximum Vehicle Parking Required, for the first 50
vehicle spaces, and then at a rate of one per 20 vehicle spaces thereafter. A minimum of

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Chapter 60.400: Development Standards and Incentives
Section 60.400.090 Exterior Storage Section 60.400.090A: Purpose

10 bicycle parking spaces are required, and no reductions are permitted based on any
approval granted through Section 60.400.080F, Minimum Parking Adjustments.
c. When Subsections a or b require the provision of more than 20 bicycle parking
spaces, at least 10 percent of the required bicycle parking spaces shall be
long-term spaces. A long-term space is one that is located inside the primary
structure containing the primary use for which the parking is provided, in an
area of that building that is secured or generally accessible to tenants and
occupants of the building and not to the general public, or is located outside
that structure but in an enclosed container or structure protected from the
weather in which the bicycle may be locked by the owner of the bicycle.
2) Bicycle Parking Location, Design, and Circulation
a. Bicycle parking shall be located within 100 feet of a primary building entrance along a
walkway adjacent to the building or within an abutting parking area where connected to a
primary building entrance via a walkway.
b. Bicycle parking facilities shall be designed to allow the bicycle frame and both wheels to
be securely locked to the parking structure. The structure shall be of permanent
construction such as heavy gauge tubular steel with angle bars permanently attached to
the pavement.
c. Bicycle parking areas shall be sized and designed so that locked bicycles do not
encroach over sidewalks, walkways, required open space, required landscape areas,
required usable recreation areas, private streets, or public rights-of-way.

Section 60.400.090 EXTERIOR STORAGE

A. Purpose
The purpose of this Section 60.400.090 is to regulate the visual effect that uncontrolled storage
of trash, merchandise, materials, or equipment can have when viewed from adjacent properties
or adjacent public rights-of-way.
B. Requirements in Agricultural and Residential Districts
The following requirements apply to all Agricultural and Residential districts.
1) All waste, debris, or garbage shall be kept in an enclosed building or closed container
designed for such purpose.
2) All materials, machinery, and equipment shall be stored within a building or be fully screened
so as not to be visible from adjoining properties, except for the following when kept in good
order:
a. Laundry drying;
b. Recreational equipment;
c. Construction and landscaping materials and equipment currently being used on the
premises;
d. Agricultural materials and equipment, if intended for use on the property;

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Chapter 60.400: Development Standards and Incentives
Section 60.400.100 Exterior Lighting Section 60.400.090C: Requirements in Mixed Use and Non-Residential
Districts
e. Off-street parking of passenger vehicles and pickup trucks; and
f. The storage of firewood.
C. Requirements in Mixed Use and Non-Residential Districts
The following requirements apply to all Mixed Use and Non-Residential districts.
1) Trash storage shall be enclosed within a structure, or an adequate outside area shall be set
aside for trash storage and shown on the Site Development Plan.
2) For non-residential uses in the MX-N zoning district trash shall be stored within an enclosed
building.
3) All outdoor storage or containers shall be placed on a hard surface such as concrete and
shall be aesthetically screened by a permanent fence, wall, or landscaping from adjacent
properties and rights-of-way.
4) Outdoor storage of items for sale are exempt from screening requirements, provided they do
not face a Residential district or Residential use. This includes but is not limited to; firewood,
lawn care products, propane, road salt, and sand.

Section 60.400.100 EXTERIOR LIGHTING

A. Purpose
The purpose of this Section 60.400.100 is to protect and promote the public health, safety, and
welfare by permitting reasonable uses of exterior lighting. The standards are further intended to:
1) Reduce excessive and unnecessary use of lighting;
2) Minimize light pollution, glare, and light trespass;
3) Maintain nighttime safety, security, and enjoyment of property;
4) Curtail the degradation of nighttime visual environment; and
5) Minimize disturbance to sensitive plants and animals.
B. Applicability
1) General Applicability
All uses in all districts shall meet the requirements of this Section 60.400.100 unless
specifically stated otherwise in this UDC.
2) Exceptions
The requirements of this Section 60.400.100 do not apply to ball diamonds, playing fields,
and tennis courts. Lighting for these uses shall be shielded to prevent light and glare from
spilling over onto adjacent residential properties. The maximum permitted illumination at the
property line shall not exceed one foot candle if the abutting property is located in a
Residential district, and shall not exceed two foot candles if the abutting property is located
in a Mixed Use or Non-Residential district.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.100 Exterior Lighting Section 60.400.100C: Lighting for Parking Lots and Garages

C. Lighting for Parking Lots and Garages

Parking Lots and Garages shall comply with applicable standards in Section 60.400.080J.8),
Lighting.
D. Method of Measurement
Lighting levels shall be measured in foot candles with a meter sensor mounted not more than six
inches above ground level in a horizontal position at the property line. Readings shall be taken
only after the cell has been exposed long enough to provide a constant reading. Measurements
shall be made after dark with the light sources in question on, then with the same sources off.
The difference between the two readings shall be compared to the maximum permitted
illumination specified in this Section 60.400.100 for the type of luminaire used.
E. General Requirements
1) Prohibited Lights
a. Laser, strobe, flickering, or flashing lights is prohibited.
b. Tower lighting is not unless required by the Federal Aviation Administration.
c. Neon lighting and exposed strip lighting used to illuminate building facades, or used to
outline or detail buildings, windows, or doors, or used to illuminate, outline, or detail
service canopies is prohibited in or adjacent to any Residential district.
d. When neon lighting or exposed strip lighting is used for any purpose, it must not be
combined with or mounted near any reflective materials such as mirrors, shiny metals,
highly glazed tiles, or other materials that would result in reflective glare.
2) Intensity
a. The total light output must not exceed 50,000 lumens per acre as measured at the light
source.
b. The maximum intensity per light pole must not exceed 5,000 lumens as measured at the
light source.
c. The maximum illumination at any one location on the property must not exceed 15 foot
candles.
3) Location
Light sources or luminaires shall not be located within bufferyards except along Walkways,
Sidewalks, Bikeways, or Multi-Use Trails.
4) Internal Lighting
a. All internal luminaires that illuminate a window area that is viewable at the property line
must be designed so that the light bulb, lamp, or light source is completely shielded from
direct view of an observer standing at the property line measured at a point five feet
above grade.
b. Illumination for windows shall not exceed 2,000 lumens.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.100 Exterior Lighting Section 60.400.100F: Luminaire Mounting

c. On each property with a primary non-residential use, all internal luminaires that are
viewable at the property line with a light intensity greater than 1,000 lumens, must be
designed so that the light bulb, lamp, or light source is completely shielded from the
direct view of an observer standing at the property line measured at a point five feet
above grade.
5) Hours of Operation
Exterior lighting shall observe the same hours of operation as the use itself as stated in
Section 60.300.030, Use-Specific Standards, except that a minimum level of lighting for
security purposes may be left on beyond the normal hours of operation.
6) Pedestrian-Oriented Lighting
On-site or building-mounted pedestrian-oriented lighting providing at least four-foot candles
at ground level with lighting level uniformity, average to minimum, shall be 2:1 or better.
7) Visibility Triangle
In any district that requires a front or side street building setback, there shall be no sight-
obscuring or partly obscuring lighting between three and six feet above curb grade in any
Visibility Triangle. Vertical measurement shall be made from the top of the curb on the street
adjacent to the nearest street of the triangle or, if no curb exists, from the edge of the
nearest traveled way.
F. Luminaire Mounting
All wall, canopy, and pole-mounted luminaires must be installed at parallel to the ground (90
degrees from vertical).
G. Maximum Permitted Illumination and Height
1) Exterior lighting shall meet the requirements of Table 400.10-1 Maximum Permitted
Illumination and Height.

Table 400.10-1 Maximum Permitted Illumination and Height

Maximum Illumination Maximum Height
Type of Cutoff on Agricultural Agricultural
Non- Non-
Luminaire or Mixed Use or Mixed Use
Residential Residential
Residential District Residential District
District District
District District
0.2 footcandles Not Not Not
No cutoff [1] 10 feet Not
3,000 Kelvin permitted permitted permitted
permitted
Cutoff angle greater than 0.2 footcandles Not Not Not Not
15 feet
90 degrees [1] 3,000 Kelvin permitted permitted permitted permitted
Cutoff angle less than 90° 1.0 footcandle 2.0 footcandles 2.0 footcandles
18 feet 30 feet 30 feet
[2] [5] 3,000 Kelvin 3,000 Kelvin 4,100 Kelvin
NOTES
[1] Luminaires with no cutoff and lights with a total cutoff angle of greater than 90 degrees are only allowed for single family or
two-family dwellings, and shall not exceed 1,000 lumens.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110A: Purpose

Table 400.10-1 Maximum Permitted Illumination and Height

Maximum Illumination Maximum Height
Type of Cutoff on Agricultural Agricultural
Non- Non-
Luminaire or Mixed Use or Mixed Use
Residential Residential
Residential District Residential District
District District
District District
[2]Luminaires with a total cutoff of light of less than 90 degree shall be designed so that the bare light bulb, lamp, or source is
completely shielded from the direct view of an observer standing at the property line at a point five feet above grade.

2) For all luminaires, the maximum luminous intensity (in candelas) at or above any angle of 90
degrees above vertical is zero, and the maximum luminous intensity (in candelas) at or above
a vertical angle of 80 degrees above vertical must not exceed 10 percent of the luminous
flux of the lamp or lamps in the luminaire.

Section 60.400.110 SIGNS

A. Purpose
The purpose of this Section 60.400.110 is to promote the public health, safety, and welfare of
the City by establishing comprehensive standards, regulations, and procedures governing the
erection, use, and display of devices serving as visual communications media. These standards
are further intended to:
1) Promote and preserve aesthetics and to allow citizens to enjoy the natural scenic beauty of
the City;
2) Minimize distractions and obstructions for drivers, bicyclists, and pedestrians;
3) Preserve property values and the neighborhood character within the City;
4) Balance the needs for signs and the impacts of signs by establishing minimum standards
related to the use, location, and intensity of zoning districts and land uses; and
5) Comply with all applicable laws, statutes, regulations, and state and federal court decisions
regarding free speech in the context of regulation of signs, and not to engage in any form of
content-based regulation of sign messages prohibited by state or federal constitutions,
statutes, or applicable court decisions.
B. Applicability
1) This Section 60.400.110 shall govern all signs located in the City to the extent that they are
not preempted by the requirements set forth in the Minnesota Outdoor Advertising Control
Act, Minn. Stat. 173.01 et. Seq. and the Federal Highway Beautification Act, 23 U.S.C. 131
et. Seq. governing the control and regulation of signs along state and federal highways or
exempted by Section 60.400.110C.
2) Required sign permits shall be approved pursuant to Section 60.500.060KK, Sign Permit.
3) In the event of a conflict between the standards in this Section 60.400.110 and the
standards in the Destination Medical Center Design Guidelines, the Design Guidelines apply.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110C: Signs Not Requiring a Permit

C. Signs Not Requiring a Permit

The following types of signs are exempt from the Sign Permit process.
1) Any sign erected, maintained, required, or posted by the City, state, or federal government
when erected and maintained pursuant to law or in the public interest.
2) Any sign inside a building not attached to a window or door that is not legible from a distance
of more than three feet beyond the lot line of where the sign is located.
3) Murals and up to two Banner signs that are in compliance with applicable standards in
Section 60.400.110H and Section 60.400.110I.
4) Any non-lighted sign not exceeding three feet in height and not exceeding three square feet
in area that is oriented, located, and designed to be viewed by occupants or users of the
property while on the property, and not to be generally legible from abutting streets or
properties.
5) One non-lighted sign at each entrance to, and one non-lighted sign at each exit from, any lot
containing the drive-through lane of an allowed Drive-in Facility in any Mixed Use district,
provided the sign does not exceed three feet in height and does not exceed three square feet
in area.
6) Signs located on allowed primary or accessory athletic fields designed and used for
competitive sports, that are oriented, located, and designed for viewing by participants in and
spectators of those competitive sports, and that do not have any lighted surface facing and
located within 200 feet of any residential primary use in a Residential district.
7) Any sign affixed to an athletic facility structure (excluding fencing) in the MX-I district that
does not exceed 2,400 square feet in area and does not result in more than 10,000 square
feet in total sign area of all such signs per use.
8) Sound trucks or other moving advertising media while operated on a public right-of-way.
9) Signs under 12 inches in height to enable emergency personnel to accurately identify
structures or locations.
10) Any temporary sign in compliance with Minn. Stat. Ch. 211B.045.
11) Any temporary sign erected during any period a property or a portion of a property is actively
listed for sale or lease and that does not exceed 24 square feet in area or four feet in height.
12) One temporary sign, located at a construction site or on a construction barricade, beginning
on the date a building permit is issued and ending on the date on which the last initial
certificate of occupancy related to that building permit is granted.
a. In Residential districts that contain Household Living uses other than Multifamily
Dwellings, the sign shall not exceed 16 square feet in area and shall not exceed four feet
above grade.
b. In Residential districts for all uses other than those subject to Subsection a above, the
sign shall not exceed 36 square feet in area and shall not exceed six feet above grade.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110D: Signs Requiring a Permit

c. In Mixed Use and Non-Residential districts, this sign shall not exceed 64 square feet in
area and shall not exceed 10 feet above grade.
D. Signs Requiring a Permit
1) All signs erected, altered, or replaced within the City that are not listed in Section
60.400.110C require a Sign Permit pursuant to Section 60.500.060KK.
2) Any lighted sign requires a Sign Permit pursuant to Section 60.500.060KK.
3) A new permit consistent with the standards in this Section 60.400.110D is required each
time:
a. A new primary building is constructed;
b. The gross floor area of an existing primary building is expanded by more than 50 percent;
c. An existing primary building is improved or redeveloped, and the value of that work
exceeds 50% of the value of the existing primary building, as shown in applicable
property tax records;
E. Prohibited Signs
The following types of signs are prohibited.
1) Billboards that contain stacked multiple display faces.
2) Flashing, moving, or intermittently lighted signs in:
a. Any Agricultural and Residential district;
b. The MX-D Medical subdistrict; and
c. Any Mixed Use or Non-Residential lot abutting or directly across from an Agricultural and
Residential district.
3) Any sign that is constructed to resemble an official marker erected by the City, state, or any
governmental agency or that by reason of positioning, shape, or color would conflict with the
proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular
or pedestrian traffic.
4) Any sign that contains any obscene wording or images.
F. Sign Standards
The following standards apply to all signs, including billboards. In the event of a conflict between
these standards and those in Section 60.400.110G Billboards, the billboard standards apply.
1) Design and Safety Requirements
a. No sign shall be placed so as to obstruct or interfere with a window, doorway, or fire
escape.
b. Signs shall not extend into the vertical space between three feet and six feet above curb
grade within any Visibility Triangle. Vertical measurement shall be made from the top of
the curb on the street adjacent to the nearest street of the triangle or, if no curb exists,
from the edge of the nearest traveled way.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110F: Sign Standards

c. No sign that is permitted to extend over a public right-of-way may have a lower edge less
than nine feet above the grade level of the right-of-way, unless approved by the City
Engineer based on considerations of public and traffic safety.
d. All permanent signs shall be constructed to meet Building Code standards for wind
resistance and wind loads. Signs shall be rigidly suspended by means of fastening or
support so as not to be free swinging nor a menace to persons or property.
e. Signs illuminated by electricity or equipped in any way with electrical devices shall
conform to the provisions of the electrical code.
f. Adequate provisions shall be made for grounding metallic parts of roof signs exposed to
lightning.
g. The exposed uprights, superstructure, and/or backside of all signs shall be painted a
neutral color such as light blue, gray, or white unless it can be demonstrated that such
part of the sign designed or painted in another manner is integral to the overall design of
the sign.
h. No signs shall be painted on, attached to, or affixed to any trees, rocks, or similar organic
or inorganic natural matter, or on any power line or telephone pole.
i. No signs except those of a governmental entity shall be erected or allowed to extend over
a public right-of-way, unless a revocable permit from the City is obtained prior to issuance
of a sign permit.
j. Each freestanding sign shall be set back from each lot line by at least two feet. Billboards
shall also comply with Section 60.400.110G.
2) Lighting of Signs
a. Internal lighting, back lighting, and spot lighting are permitted to illuminate signs as
stated in Table 400.11-1 General Sign Standards.
b. Each light source for internal lighting, back lighting, or spot lighting of a sign shall be
shielded so that the source is not visible from any Agricultural and Residential district,
any Residential Use in a Mixed Use district, and from any public right-of-way.
c. Lighted signs adjacent to Residential districts and located within a zone that restricts
hours of operation may only be lit during business hours.
3) Table of Sign Standards
Table 400.11-1 General Sign Standards, states the general sign standards for all signs in all
districts, unless stated otherwise in this Section 60.400.110.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110F: Sign Standards

Table 400.11-1 General Sign Standards

I = Internal B = Backlight S = Spotlight

Agricultural and Residential Mixed Use Non-Residential

Districts Districts Districts
Type of Sign Non- MX-S, MX-G,
Residential
Residential MX-N MX-C, MX-D, BP, LI, SI
Use
Use MX-I MX-T
Wall Signs
Maximum 1 General: 1
Number per Buildings over 5 stories: 1 additional [1]
Street Frontage
Maximum Area 12 sq. ft. 24 sq. ft. 50 sq. ft. 50 sq. ft. 250 sq. ft. 400 sq. ft.

Maximum Height 8 feet Same as primary structure maximum height [2]

Permitted Lighting Not Permitted B B, S B, S I, B, S I, B, S

[3]
Freestanding Sign
Maximum 1 1 [4] 1 [5] 1 [5] 1 1
Number per
Street Frontage
Maximum Area 12 sq. ft. 24 sq. ft. 50 sq. ft. 50 sq. ft. 64 sq. ft. 64 sq. ft.

Maximum Height 6 feet 6 feet 10 feet [8] 15 feet 20 feet 15 feet

Permitted Lighting Not Permitted B, S I, B I, B, S I, B, S I, B, S

Projecting Sign
Maximum 1 1 1 1 1
Number
Maximum Area 8 sq. ft. 12 sq. ft. 12 sq. ft. 16 sq. ft. 24 sq. ft.
Not Permitted
Maximum Height 12 feet 12 feet 12 feet 16 feet 18 feet

Permitted Lighting I, B I, B I, B I, B I, B

Roof Sign [6]

Maximum 1
Number
Maximum Area Not Not Not 150 sq. ft. 250 sq. ft. [7]
Not Permitted Permitted Permitted [7]
Permitted
Maximum Height 10 feet 15 feet

Permitted Lighting S, I, B S, I, B

Business Center Signs

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110F: Sign Standards

Table 400.11-1 General Sign Standards

I = Internal B = Backlight S = Spotlight

Agricultural and Residential Mixed Use Non-Residential

Districts Districts Districts
Type of Sign Non- MX-S, MX-G,
Residential
Residential MX-N MX-C, MX-D, BP, LI, SI
Use
Use MX-I MX-T
Additional signs for business centers are permitted that comply with Section 60.400.110F.4)
below.
Residential Subdivision Signs
One additional freestanding sign per entrance to a to a subdivision of lots for individual
Household Living uses, and one per entrance to a development containing multiple buildings
with Multifamily Dwelling uses, provided that the sign does not exceed 24 square feet in area
and does not exceed four square feet above grade.
NOTES
[1] When more than one wall sign is permitted, the maximum area for the additional wall sign must be no more than
50% of the maximum wall sign area permitted for the property.
[2] Must not extend above the top of the wall where it is attached.
[3] Lighted wall signs are not permitted on secondary façades adjacent to a Residential district.
[4] Signs must be located no closer than 50 feet from any shared lot line with a Residential district.
[5] Signs must be located no closer than 25 feet from any shared lot line with a Residential district.
[6] Roof signs are prohibited for lots that are adjacent to a Residential district.
[7] If a roof sign is installed, the maximum permitted area for a wall sign(s) on the same property shall be reduced by
the area of the roof sign.
[8] Free Standings signs in the MX-N district shall be a Monument Sign.

4) Business Center Signs

a. Each individual tenant within a business center is permitted one wall sign on the primary
façade not to exceed 20 percent of the area of the façade, and that meets the applicable
requirements of the district where it is located. One wall sign per secondary façade is
permitted, not to exceed 20 percent of the area of the façade, and meeting the following
requirements:
1) Wall signs are not permitted on secondary façades that face a Residential district
unless separated by an existing expressway or freeway as stated in the
Comprehensive Plan;
2) The wall sign must face and be visible from a collector or higher level street or the
parking lot serving the business center; and
3) A total of two wall signs may be permitted per tenant within a business center.
b. In addition, one freestanding sign per entrance of the business center is permitted. Each
additional freestanding sign above the first is permitted at no more than 50 percent of
the maximum freestanding sign area permitted for the property.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110F: Sign Standards

5) Marquees or Sun Canopies

a. No sign affixed to or an integral part of a marquee shall be less than eight feet above any
sidewalk level or its equivalent in the absence of a sidewalk. Marquees shall be
permitted an area up to double that permitted for freestanding signs, provided that the
increase in area above that allowed for freestanding signs is matched by a reduction in
the area of other permitted primary signs.
b. The sun canopy area shall count against the permitted wall sign area, but the sun canopy
shall not count against the permitted number of primary signs.
c. Lighting is prohibited on marquee signs or sun canopy signs on secondary facades when
the secondary façade is adjacent to and facing a Residential district.
6) Service Canopies
a. Where a service canopy is permitted to protect outdoor customers from weather
conditions, up to 50 percent of the vertical canopy façade area may be used for signage,
and the permitted canopy signage shall be in addition to other sign allowances on the
property.
b. Lighted signs on any service canopy façade adjacent to and facing a Residential district
are prohibited.
c. Electronic message boards on service canopies are prohibited.
7) Electronic Message Boards
a. Only freestanding signs and wall signs in Mixed Use and Non-Residential districts may
include an electronic message board.
b. Electronic message boards are prohibited in Agricultural, Residential, MX-N, and MX-S
districts.
c. Electronic message boards are prohibited on any Mixed Use or Non-Residential lots
adjacent to an Agricultural or Residential district.
d. Each permitted electronic message board shall be integrated into the overall sign face.
e. The area of the electronic message board signage shall not exceed 50 percent of the
total sign area of the wall or freestanding sign face where it is integrated, or 32 square
feet, whichever is less.
f. The top of any permitted electronic message board must not exceed 12 feet above
grade.
g. The electronic message display shall be programmed so it contains only static images,
does not change more frequently than once every eight seconds, and transitions
between images instantaneously or through dissolve or fade transitions, and without
scrolling, flashing, fading, blinking, or other similar transitions. If dissolve or fade
transitions are used, the time between messages shall not exceed one second of time.
The electronic message board content may not move or create the appearance of
movement, through varying light intensity or otherwise, on any part of board.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110G: Billboards

h. Each electronic message board shall be provided with automatic dimming software or
solar sensors to control brightness for nighttime viewing and varying daytime lighting
conditions.
i. No electronic message board may be illuminated at a level greater than 5,000 nits
during daylight hours, or at a level greater than 500 nits during nighttime hours.
j. In districts or when associated with allowed uses that have restricted hours of operation,
electronic message boards may operate only during permitted business hours.
G. Billboards
1) Spacing
All billboards erected after December 22, 1992, shall comply with the following spacing
standards:
a. No billboard shall be located within 1,000 feet of another billboard located on the same
side of the street. Distances between billboards shall be measured along the adjacent
right-of-way line of the street or highway where the billboard is directed as shown in
Figure 1a.
b. No billboard shall be located within a 100 foot radius from the intersection of the rights-
of-way of two or more streets or highways as shown in Figure 1b.
c. No billboard shall be located within 200 feet of the intersection of a street and a railroad
right-of-way. The distance shall be measured from the center point of the street-railroad
intersection to the nearest edge of the billboard as shown in Figure 1c.
d. No billboard shall be located within 300 feet of a Place of Worship, School, or Medical
Facility. This distance shall be measured from the nearest edge of the billboard to the
Place of Worship, School, or Medical Facility to the closest point on any boundary line of
the Place of Worship, School, or Medical Facility property as shown in Figure 1d. This
restriction only applies to Place of Worship, School, or Medical Facility properties that
abut the same right-of-way where a billboard is oriented, regardless of whether the
billboard is located on the same side or the opposite side of the right-of-way as the Place
of Worship, School, or Medical Facility.
e. No billboard shall be located within 250 feet of a boundary of an Agricultural and
Residential district. This distance shall be measured from the nearest edge of the right-
of-way to the closest point on any boundary of the Residential district as shown in Figure
1e.
f. No billboard shall be located within 300 feet of and oriented toward the following
portions of the following streets and highways within the City:
1) County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and
northerly to Trunk Highway 52 at 55th Street NW,
2) County State Aid Highway 22 from Trunk Highway 14 at the University Center
northerly and westerly to Trunk Highway 63 at 37th Street NW; and
3) 55th Street NW from Trunk Highway 52 easterly to County Road 133 (West River
Road).

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110G: Billboards

Figure 1a

Figure 1b Figure 1c

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110H: Temporary Signs

Figure 1e
Figure 1d

H. Temporary Signs
1) Banners
a. Each banner shall be installed or maintained parallel to a building façade or other
vertical building surface.
b. Each banner shall be mounted not more than 18 inches from the wall surface where it is
attached.
c. Banners in Agricultural and Residential districts shall be subject to the following
limitations.
1) For non-residential uses, no more than one banner shall be permitted per use or
per tenant. No banners are permitted on any wall abutting a residential use
containing less than four dwelling units, or adjacent to an AG, R-1, R-2, or R-2x
district.
2) For residential structures with four or more dwelling units, one banner per primary
structure shall be permitted, provided the banner is oriented toward an abutting
primary collector or higher order street or is adjacent to any district other than the
AG, R-1, R-2, and R-2x districts.
3) No banners are permitted on any wall abutting a residential use containing fewer
than four dwelling units or adjacent to a R-1, R-2, or R-2x district.
4) In all other circumstances, banners are prohibited in Residential districts.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110I: Murals and Other Displays

2) Portable Signs
Freestanding portable signs are permitted in the MX-G, MX-D, LI, and SI districts after
approval of a sign permit pursuant to Section 60.500.060.H, and shall comply with the
following standards:
a. No sign shall exceed 24 square feet in area or four feet in height.
b. No sign shall be allowed for a period exceeding 14 days in any 12 month period. Each
sign shall be removed within two days after the completion of the event that it relates.
Once the sign permit expires, no additional permits for such signs shall be issued for the
property during the 12 month period.
c. Each sign shall meet all other applicable criteria listed in this Section 60.400.110.
I. Murals and Other Displays
1) Applicability
a. Except as stated in Subsection b below, this Section 60.400.110I applies to all displays
on walls, or structures that:
1) Are not types of signs listed in Section 60.400.110C or Section 60.400.110E ; and
2) Exceed the permitted height, size, duration, or another applicable physical standard
in this Section 60.400.110.
b. This Section 60.400.110I does not apply to any City-sponsored signs, wall graphics, or
displays that are located:
1) On City property; or
2) On public utility boxes, meters, or panels where such placement is allowed by a
written contract between the City and any utility provider.
2) Special Review Required
a. Applications for approval of a mural or other display under this Section 60.400.110I shall
be reviewed by the Community Development Director pursuant to the review criteria in
Subsection 3 below.
b. A decision on the application shall be made within 45 days after the City’s receipt of a
complete application. Any appeal of the decision shall be heard and resolved as set forth
in Section 60.500.030F.2), Appeals.
c. An approved application expands the number, size, and duration of signs otherwise
permitted on the lot or development site. Any approval of a special display shall not
affect the ability of the applicant to erect or maintain any other signs on the property
permitted by this Section 60.400.110, and the approved display shall not be included in
calculations to determine the total sign area or number of authorized signs.
d. An approved application runs with the property unless otherwise specified by the
Community Development Director in the record of approval, and all conditions and
limitations related to the approval shall be binding on future owners and users of the
property.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.110 Signs Section 60.400.110J: Message Substitution

3) Review Criteria
The Community Development Director may approve an application for a mural or other
display if it finds that the proposed mural or display:
1) Is a form of speech or expression protected by the First Amendment to the U.S.
Constitution and/or the Minnesota Constitution;
2) Will be created, constructed, erected, or displayed in a way that is visually distinct
from other permitted signs on the property;
3) Does not exceed the dimensions of any surface upon which it is mounted;
4) Will be treated to address vandalism and exposure to expected weather conditions;
5) Will not require extensive or repeated maintenance, unless the applicant has
provided adequate assurance (including financial assurance) that maintenance and
repairs will be timely performed;
6) Does not create a threat to public health or safety or to vehicular, bicycle, or
pedestrian traffic safety;
7) Does not create noise, sound, light, reflection, glare, shading, flickering, vibration,
or odor impacts on nearby properties; and
8) Does not impair the performance of required City functions on or around the
property.
J. Message Substitution
1) Any sign permitted pursuant to this Section 60.400.110 that contains a commercial
message may be revised to contain a non-commercial message at any time, without the
need to obtain a new Sign Permit.
2) Any sign permitted pursuant to this Section 60.400.110 that contains a non-commercial
message may be revised to instead contain a commercial message at any time, without the
need to obtain a new Sign Permit.
3) Changes in the message on a permitted sign shall not be considered alteration of the sign,
as that term is used in this Section 60.400.110.
K. Sign Measurements
1) Area of a Sign
a. Sign area is calculated as the area within a continuous perimeter with up to eight straight
sides that encloses the limits of text and graphics of a sign, together with any frame or
other material or color forming an integral part of the display or used to differentiate the
sign’s message from the background against which it is placed. The area excludes the
structure upon which the sign is placed (unless the structure is an integral part of the
display or used to differentiate it), but includes any open space contained within the
outer limits of the display face of a sign, or between any component, panel, strip, or

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Chapter 60.400: Development Standards and Incentives
Section 60.400.120 Incentives Section 60.400.120A: Purpose

figure of any kind composing the display face, whether this open space is enclosed by a
frame or border or not.
b. Support structures will not be counted against total sign if the Community Development
Director determines that such elements are appropriately scaled to the size of the copy.
2) Measuring the Height of a Sign
a. Sign height is measured as the vertical distance from the average elevation of the finish
grade within a six-foot radius at the base of the sign to the top of the sign, including all
backgrounds and support structures, exclusive of any filling, berming, mounding, or
landscaping, solely done for the purpose of locating the sign.
b. If natural grade at the base of a sign is lower than the grade of an adjacent road, the
height of the sign may be measured from the top of curb elevation.
c. For purposes of measuring the size of a billboard sign, only one side of a sign with two
back-to-back parallel sign surfaces shall be the area of one of those surfaces.

Section 60.400.120 INCENTIVES

A. Purpose
This Section 60.400.120 establishes incentives to encourage public benefits in exchange for
increased development density, size, or flexibility. These public benefits include the development
of affordable housing for low-income households, infrastructure improvements, sustainable
development practices, added public amenities, and heritage preservation. Incentives are only
available for actions in each of these areas that are not otherwise required by this UDC, the
Rochester Code of Ordinances, other City regulations, or state and federal law. These incentives
are designed to further enhance the public health, safety, and welfare of the community.
B. Combination of Bonuses
More than one bonus in Table 400.12-1 Summary of Incentives may be earned on a single
property or development, but no combination of bonuses in Table 400.12-1 may result in the:
1) Maximum FAR on any lot or development site being increased by more than 25 percent
above the maximum FAR that would otherwise apply under this UDC; or
2) Maximum gross floor area on any lot or development site being increased by more than 25
percent above the maximum gross floor area that would otherwise apply under this UDC; or
3) Number of dwelling units on any lot or development site being increased by more than 25
percent above the maximum number of dwelling units that could be located on that lot or
development site under this UDC.
C. Timing of Incentive Application and Decision
1) Requests for approval of an incentive pursuant to this Section 60.400.120D shall be made
at the time of pre-development review of a proposed application with City Staff.

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Section 60.400.120 Incentives Section 60.400.120D: Summary of Incentives

2) The Community Development Director will waive the requirement in Subsection 1 above if
the Director determines that acceptance of a later request for approval of a permitted
incentive will not require City Staff to repeat earlier steps in the review process.
3) If a public meeting related to the application has already occurred, any waiver of Subsection
1 shall require that the public meeting be repeated and that information regarding the
requested incentive be presented.
4) If the application requires a public hearing, no request for waiver of Subsection 1 may be
approved after that public hearing has taken place.
5) If the application requires both a preliminary and a final approval, no request for waiver of
Subsection 1 may be approved after preliminary approval of the application.
D. Summary of Incentives
1) Table 400.12-1 Summary of Incentives lists the actions for which incentives are offered, the
zoning districts where each incentive is available, and the different bonuses that are
associated with each action.
2) No incentives may be awarded for any design feature, amenity, payment, or other action that
would otherwise be required of the development under this UDC or other adopted City
standards or regulations. Incentives are only awarded for actions that exceed those
requirements and standards that would apply to the property if an incentive was not being
requested.
3) No height bonus may result in a building located in a neighborhood protection area
exceeding the maximum building height permitted in Section 60.400.020F, Neighborhood
Protection Standards.
4) Compliance with the requirements of this Section 60.400.120, Incentives shall be confirmed
by Staff review of the application.
a. Where the underlying development application is subject to administrative approval, and
the application complies with the applicable requirements of this Section 60.400.120,
the approved incentive shall be included in the administrative approval of the
application.
b. Where Staff has confirmed compliance with the requirements for one or more incentives
under this Section 60.400.120, but the underlying development application is subject to
approval of the Heritage Preservation Commission, Planning Commission, or City Council,
the decision-making body shall consider the application pursuant to the applicable
decision-making criteria in Chapter 60.500 Procedures and Administration assuming that
all approved incentives will be constructed, and shall not condition its approval on
removing or limiting an earned incentive.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.120 Incentives Section 60.400.120D: Summary of Incentives

Table 400.12-1 Summary of Incentives

R-3, MX-N, MX-S,

A 20% increase in maximum FAR if at least 20 dwelling units or
MX-C, MX-G, MX-I,
Housing for Low 15% of dwelling units, whichever is larger, are income-restricted.
and MX-T
Income
Households R-3, R-4MX-G, MX- In addition to the FAR increase above, an additional 20 feet of
I, MX-C, and MX-T maximum building height if at least 20 dwelling units or 15% of
dwelling units, whichever is larger, are income-restricted.
A maximum of 4 additional stories of building height if at least 20
MX-D dwelling units or 15% of dwelling units, whichever is larger, are
income-restricted.
Additional Infrastructure
A maximum of 2 additional stories of building height if on-site
stormwater management features reduce the amount of
MX-D
stormwater that would otherwise be transmitted into the City’s
piped storm drainage system by at least 10%.
Stormwater
Management In districts without maximum FAR limits, a 10% reduction in
minimum lot area, and in districts with FAR limits a 10% increase in
All other districts maximum FAR, if on-site stormwater management features reduce
the amount of stormwater that would otherwise be transmitted into
the City’s piped storm drainage system by at least 10%.
5 percent of additional building floor area for each 10 square foot
Districts subject to
of new or replacement street construction, up to a 20% increase in
FAR limits
Street maximum FAR.
Improvements 5 percent of additional building floor area for each 10 square foot
MX-D of new or replacement street construction, up to a maximum of 2
additional stories of building height.
5 percent of additional building floor area for each 10 linear foot of
Districts subject
new or replacement water, storm drainage, and/or electric lines, up
for FAR limits
to a 20% increase in maximum FAR.
Utility Lines
5 percent of additional building floor area for each 10 square foot
MX-D of new or replacement street construction, up to a maximum of 2
additional stories of building height.
Sustainable Development

Renewable Energy A 10% reduction in minimum lot size if levels of renewable energy
R-1, R-2, and R-2x supply stated in Section 60.400.120E.3), Sustainable Development
are met.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.120 Incentives Section 60.400.120D: Summary of Incentives

Table 400.12-1 Summary of Incentives

No incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive may
result in a building height exceeding the Neighborhood Protection Standards.
Applicable Zoning Bonus Awarded
Incentive
Districts (Above Maximum Otherwise Permitted in the District)
R-3, MX-N, MX-S,
20% increase in maximum FAR if levels of renewable energy supply
MX-C, MX-G, MX-I,
stated in Section 60.400.120E.3), Sustainable Development are
MX-T, BP, LI, and
met.
SI
A maximum of 2 additional stories of building height if levels of
R-4, MX-T, MX-D renewable energy supply stated in Section 60.400.120E.3),
Sustainable Development are met.
R-3, R-4, MX-N,
MX-S, MX-C, MX-G, 20% increase in maximum FAR if the green building standards in
MX-I, MX-T, MX-D, Section 60.400.120E.3), Sustainable Development are met.
Green Buildings BP, LI, and SI
A maximum of 2 additional stories of building height if the green
MX-D building standards in Section 60.400.120E.3), Sustainable
Development are met.
Public Amenity
5% of additional building floor area for each 10 linear foot of
Pedestrian MX-N, MX-S, MX-C,
pedestrian weather protection features, up to a 10% increase in
Weather MX-G, MX-I, MX-T,
maximum FAR, or in MX-D, up to one additional story in building
Protection MX-D, BP, LI, SI
height.
5% of additional building floor area for each 1 square foot of
improved and furnished square, plaza, or gathering space open to
Squares, Plazas, MX-N, MX-S, MX-C,
the public, visible from at least one public street, and located at
and Gathering MX-G, MX-I, MX-T,
least partially within 100 feet of that public street, up to a
Plazas MX-D
maximum 5% increase in building floor area, or in MX-D, up to an
additional 2 stories in building height.
A maximum of 2 additional stories of building height if public land
R-4, MX-T, MX-D dedications related to the development exceed those otherwise
required by the City by at least 25%.
Dedication of In districts without maximum FAR limits, a 10% reduction in
Public Land minimum lot area, and in districts with FAR limits a 10% increase in
All other districts maximum FAR, if public land dedications related to the
development exceed those otherwise required by the City by at
least 25%.
5% additional building floor area in a new building constructed on a
lot within 600 feet of, and in the same zone district as, the
designated landmarked property (the “Receiving Lot”):
Historic MX-I, MX-T, and 1. For each 5% of unused potential building floor area on a
MX-D lot containing a designated landmarked property (the
Preservation
“Sending Lot”) that it is deed restricted to prevent future
development on the Sending Lot; or
2. For each 5% of floor area in an existing designated
landmarked property (the “Sending Lot”) renovated to

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Chapter 60.400: Development Standards and Incentives
Section 60.400.120 Incentives Section 60.400.120E: Incentive Requirements

Table 400.12-1 Summary of Incentives

E. Incentive Requirements
Incentives listed in Table 400.12-1 Summary of Incentives shall only be available to applicants
that comply with all requirements for that bonus listed in this Section 60.400.120E.
1) Housing for Low Income Households
In order to earn the incentive identified in Table 400.12-1 Summary of Incentives, the
affordable housing units shall meet one of the following two requirements, as determined by
the Community Development Director.
a. The units are restricted for occupancy for individuals whose income is 60 percent or less
of the area median gross income for rental properties and less than 110 percent of the
area median gross income for owner occupied properties for at least 30 years; or
b. The project has been awarded Low Income Housing Tax Credits (LHTC).
2) Additional Infrastructure
In order to earn the incentive identified in Table 400.12-1 Summary of Incentives, the
additional infrastructure provided shall meet one of the following three requirements.
a. Stormwater Management
The City Engineer shall determine whether the proposed improvements meet the
following criteria.
1) For projects with a disturbance area of less than one acre, the applicant provides
on-site water treatment for 100 percent of the water quality volume, regardless of
the proposed disturbance area. This incentivizes on-site treatment of the water
quality volume, as defined by the latest MS4 Permit.
2) For projects with a disturbance area of one acre or more, the applicant provides on-
site water reduction of 100 percent of the water quality volume, as defined by the
latest MS4 permit. This incentivizes on-site stormwater reduction on a project that
would otherwise have non-volume-reducing treatment options available such as
filtration, detention, or constructing an off-site treatment.

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Section 60.400.120 Incentives Section 60.400.120E: Incentive Requirements

b. Street Improvements
1) Eligible improvements include but are not limited to the construction or payment for
mobility improvements such as vehicle travel lanes, sidewalks, bikeways, or multi-
use trails.
2) The street improvements are constructed, dedicated, and paid for by the applicant
and provide additional benefits for the residents or occupants of the proposed
development.
3) The street improvements are in a location where the proposed street improvements
are needed by the City, of a type and design that are needed by the City, comply
with applicable City construction standards, and are not required to be provided by
the applicant to mitigate potential impacts of the proposed development by this
UDC or other adopted City regulations, all as determined by the City Engineer.
c. Utility Lines
1) Eligible improvements include but are not limited to the provision of a new link or
connection to complete or improve the efficiency of an existing water, storm
drainage, and/or electric line, the replacement of an existing water, storm drainage,
and/or electric line to improve existing service, converting overhead electric lines to
underground lines where that is not otherwise required, installing in-building
transformer vaults in the MX-D district, and installing oversized water mains in
residential developments.
2) The water, storm drainage, and/or electric lines are constructed, dedicated, and
paid for by the applicant and provide additional benefits for the residents or
occupants of the proposed development.
3) The water, storm drainage, and/or electric lines are in a location where the
proposed lines are needed by the City, and of a type and design that are needed by
the City, comply with applicable City construction standards, and are not required to
be provided by the applicant to mitigate potential impacts of the proposed
development by this UDC or other adopted City regulations, all as determined by the
City Engineer.
3) Sustainable Development
In order to earn the incentive identified in Table 400.12-1 Summary of Incentives, the
additional sustainable development infrastructure provided shall meet one of the following
requirements.
a. Renewable Energy
The applicant shall submit written evidence acceptable to the City that one or more of the
following types of renewable energy system(s) are being installed and that the
installation of those devices will generate at least the minimum amounts of energy listed
below:

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Section 60.400.120 Incentives Section 60.400.120E: Incentive Requirements

1) On-site solar panels will generate at least 75 percent of estimated annual average
electricity used in all primary buildings or solar panels will cover an area of the
building or lot equal to at least 70 percent of the total roof area of all primary
buildings;
2) On-site small-scale wind energy will generate at least 50 percent of estimated
annual average electricity used in all primary buildings;
3) On-site geothermal technology will generate at least 50 percent of estimated
annual average electricity used in all primary buildings; or
4) A combination of solar, wind, and geothermal energy systems installed on-site will
generate at least the amount of energy that would have been generated through
compliance with Subsections 1), 2), or 3) above.
b. Green Building
The applicant shall submit written evidence acceptable to the City showing compliance
with either Subsection 1) or 2) below:
1) The project is designed to maintain an Energy Star score of 75 or higher for a
period of at least five years and agrees to participate in the City benchmarking
program; or
2) The project is being reviewed and expects to receive certification by one of the
following verified third-party sustainability programs:
(a) Silver Certification by the U.S. Green Building Council (USGBC) Leadership in
Energy and Environmental Design (LEED) rating system;
(b) Silver Certification by the Home Innovation National Green Building Standard
(NGBS) Green Certified rating system;
(c) Petal Certification by the International Living Future Institute Living Building
Challenge (LBC) rating system;
(d) Three Green Globes Certification by the Green Building Initiative (GBI) Green
Globes Certification rating system; or
(e) Another verified third-party sustainability program producing equal or greater
sustainability benefits to at least one of the programs listed in Subsections (a)
through (d) above, as determined by the Community Development Director.
4) Public Amenity
In order to earn the incentive identified in Table 400.12-1 Summary of Incentives, the
additional public amenities provided shall meet one of the following three requirements.
a. Pedestrian Weather Protection
The applicant constructs and pays for one or more of the following features that provide
protection to pedestrians from adverse climatic conditions. Development features eligible
for this incentive include:

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Chapter 60.400: Development Standards and Incentives
Section 60.400.120 Incentives Section 60.400.120F: Criteria for Incentives

1) Fully enclosed and climate-controlled skyway or subway connections to adjacent

buildings across a public right-of-way, in locations and using designs approved by
the City Engineer and the Community Development Director; or
2) Fully enclosed and climate-controlled walkways between buildings, or between
occupied buildings and Parking Garages, in locations approved by the City Engineer
and the Community Development Director;
b. Squares, Plazas, and Gathering Places
The applicant shall construct, pay for, and submit evidence acceptable to the City
ensuring long-term maintenance of, privately-owned spaces, including but not limited to
plazas, squares, and other types of gathering spaces, that:
1) Are open to, visible to, and highly accessible to the public;
2) Incorporate seating areas or furniture and features to provide shade or weather
protection to users of the amenity;
3) Are not required by any Section of this UDC or other adopted City regulation.
c. Dedication of Public Land
1) The applicant shall dedicate additional land for public purpose in a location shown
for that purpose on a City-approved plan and/or capital improvement program, and
that are not otherwise required of the applicant by any Section of this UDC or other
adopted City regulation.
2) Eligible facilities include but are not limited to playlots, neighborhood parks,
community parks, special use parks, city squares or triangles, parkways, or trail
systems providing access to major public facilities or along environmental corridors.
5) Historic Preservation
In order to earn the incentive identified in Table 400.12-1 Summary of Incentives, the
applicant shall either:
a. Discourage demolition or replacement of an existing designated landmark by transferring
the unused development potential or floor area from the lot containing the historic
structure to another lot within 600 feet of the lot containing the historic structure,
through a deed restriction on the lot containing the historic structure, and through
development density transfer mechanisms acceptable to the City; or
b. Pursuant to designs approved by the Heritage Preservation Commission, pay for
restorations of or enhancements to a building designated as a historic landmark that is
within 600 feet of the lot containing the historic structure.
F. Criteria for Incentives
The applicable decision-maker shall approve a requested incentive if it finds that the application
complies with the following criteria.
1) If the application is eligible for Staff approval, the application shall be approved if the
Community Development Director makes the following findings:

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Chapter 60.400: Development Standards and Incentives
Section 60.400.130 Maintenance and Operation Section 60.400.130A: Compliance with Other City, State, and
Federal Requirements
a. The application and Site Development Plan comply with all applicable standards in this
Section 60.400.120 Incentives.
b. The existing or future planned public facilities in the area are adequate to serve the
proposed development with the incentive;
c. The application or Site Development Plan including the incentive are consistent with any
Master Plan for that area that has been adopted by City Council as an element of the
Comprehensive Plan;
d. If the application proposes an “Additional Infrastructure” incentive, the proposed
additional infrastructure capacity is needed in the area where the project is located; and
e. If the application proposed a “Public Amenity” incentive, the proposed amenity is of a
type that is not adequately provided in the area where the project is located.
2) If the application is subject to Heritage Preservation Commission, Planning Commission, or
City Council approval, the application shall be approved if the decision-maker determines
that the application, including all earned incentives, complies with the following criteria:
a. The application meets all applicable criteria applicable to that type of application in
Chapter 60.500, Procedures and Administration;
b. The proposed development plan is compatible with the existing land uses in the area or
the pattern of zoning within 1,000 feet of the property boundaries;
c. The existing or future planned public facilities in the area are adequate to serve the
proposed development with the incentive; and
d. The application or Site Development Plan including the incentive are consistent with any
Master Plan for that area that has been adopted by City Council as an element of the
Comprehensive Plan.
e. If the application proposes an “Additional Infrastructure” incentive, the Community
Development Director has determined that the proposed additional infrastructure
capacity is needed in the area where the project is located; and
f. If the application proposed a “Public Amenity” incentive, the Community Development
Director has determined that the proposed amenity is of a type that is not adequately
provided in the area where the project is located.

Section 60.400.130 MAINTENANCE AND OPERATION

A. Compliance with Other City, State, and Federal Requirements
1) Compliance with Sections 9-4 and 9-17 and Title 17 of the Rochester Code of Ordinances is
required.
2) The City shall have the authority to enforce applicable state and federal regulations
concerning the following types of nuisance:
a. Radioactivity, electrical disturbance, radiation;
b. Odors resulting from liquid, air, or solid waste discharge;

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Chapter 60.400: Development Standards and Incentives
Section 60.400.130 Maintenance and Operation Section 60.400.130B: Specialized Report

c. Liquid and solid waste discharges and disposal;

d. Toxic matter discharge or disposal;
e. Heat discharge and emission;
f. Fire and explosion hazards;
g. Emission of particulates;
h. Blasting; and
i. Burning of natural material.
3) In the case of more than one standard applying, the more stringent standard shall apply.
B. Specialized Report
The Community Development Director will require a specialized report detailing the potential
impacts of a proposed development or use if the Community Development Director determines
that the proposed use or development is likely to have difficulty complying with any of the
standards of this Section 60.400.130, and/or failure to comply with these standards could
cause a public health and safety concern.
C. Point of Measurement
Unless otherwise noted in this Section 60.400.130, the measurements necessary for
enforcement of the standards in this Section shall be taken at the property line boundary of the
use being considered for a Zoning Certificate or possible violation notice.
D. Public Amenities
Any public amenities required in this UDC including those constructed in return for a bonus in
Section 60.400.120, Incentives shall be continuously maintained by the applicant unless
dedicated to the City or otherwise agreed to in writing by the City.
E. Landscaping and Usable Recreation Areas
Failure to maintain all landscaping is a violation of this UDC. Developers and their successors in
interest shall be responsible for the regular maintenance of all landscaping elements in
perpetuity, specifically:
1) All plant material, including plant material on vegetated roofs, shall be maintained alive,
healthy, and free from disease and pests; and
2) All landscape structures including, but not limited to, vegetated roof infrastructure, raised
landscape planters, fences, and walls shall be repaired or replaced periodically to maintain a
structurally sound and aesthetic condition.
F. Exterior Storage
1) Each storage container must be painted and free of corrosion, rust, rot, holes, or leaks.
2) Each storage container must be kept free of graffiti, posters, bills, and signs, except that
each sign no larger than two square feet in area shall be attached to the container identifying
and providing emergency contact information for the owner of the container.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.130 Maintenance and Operation Section 60.400.130G: Signs

3) Graffiti and other vandalism of the storage container must be repaired within two weeks of
the incident. A company identification sign no more than two square feet in area shall be
attached to the storage container.
G. Signs
1) All signs, together with their supports, braces, guys, and anchors shall be kept in repair and
in proper state of preservation.
2) The display surfaces of all signs shall be kept neatly painted or posted at all times.
3) Every sign and the immediate surrounding premises shall be maintained by the owner,
lessee, or manager of the property in a clean, sanitary, and inoffensive condition and free
and clear of all obnoxious substances, rubbish, and weeds.
4) The repainting, changing of parts, and maintenance of signs shall not be deemed as
alterations requiring a sign permit.
5) Signs that relate to activities on the lot that are no longer in operation shall be removed by
the sign owner within 60 days from the date the use ceased operation, unless otherwise
required by state or federal law.
H. Odors
1) Unless state or federal regulations do not require a different result, no use shall emit any
continuous odor or an odor causing detectable substances at or beyond the point of
measurement. To be continuous, an odor must be present for more than 15 minutes in any
one day and more than two days out of the month.
2) The existence of an odor shall be presumed when the concentration of the odor causing
substance in the air at or beyond the point of measurement exceeds the lowest
concentration listed for the substance in the most recent version of “The Air Pollution
Abatement Manual,” Manufacturing Chemists’ Association. Substances that are not listed
shall not be deemed to be odorous unless a chemist demonstrates that a discernible odor is
being emitted.
3) Uses that are required by state or federal regulations to obtain state or federal level air
quality permits are prohibited in any district other than the LI or SI districts except where
authorized as part of a Distinctive Development.
I. Heat
Where federal and state regulations are not applicable, no continuous or repetitive discharge or
emission of heat shall be allowed if it increases the ambient air or water temperature by one or
more degree centigrade beyond the lot line.
J. Fire and Explosion Hazards
All activities involving, and all storage of, flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion and with adequate
firefighting and fire suppression equipment and devices standard in the industry. Burning of
waste materials in open fires is prohibited.

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Chapter 60.400: Development Standards and Incentives
Section 60.400.130 Maintenance and Operation Section 60.400.130K: Glare

K. Glare
1) In the LI and SI districts, no direct or sky reflected glare, whether from flood lights or from
high temperature processes, such as combustion or welding, shall cause illumination in
excess of 0.5 foot candles at the point of measurement.
2) In all other districts, no operation or activity shall be conducted so that any glare, whether
direct or reflected, is visible at the point of measurement.
L. Smoke
1) Measurement of smoke shall be at the point of emission.
2) The Ringleman Smoke Chart published by the United States Bureau of Mines shall be used
for the measurement of smoke. Table 400.13-1 Maximum Smoke Levels indicates for the
various zoning districts the acceptable level of smoke emissions. These provisions,
applicable to visible gray smoke, shall also apply to visible smoke of a different color but with
an equivalent apparent opacity.

Table 400.13-1 Maximum Smoke Levels

District Type Maximum Level of Exception
Emission
Agricultural and
Ringleman No. 0 None
Residential
Smoke of a shade equal to no. 2 on the chart may be
Mixed Use Ringleman No. 1 emitted for a total of eight minutes during any one-
hour period
Smoke of a shade equal to no. 3 on the chart may be
Non-Residential Ringleman No. 2 emitted for a total of eight minutes during any one-
hour period

M. Particulates
1) No solid or liquid particles shall be emitted at any point in concentrations to exceed 0.1
grains per cubic feet of conveying gas in any residential district and 0.3 grains per cubic feet
of conveying gas in any other district. For measurement of the amount of particles in gases
resulting from combustion, standard corrections shall be applied to a stack temperature of
500 degrees Fahrenheit and 50 percent excess air.
2) In addition to complying with those standards in Subsection 1, all uses shall comply with all
applicable state and federal standards regarding particulate emissions, and in case of
conflict the standards in Subsection 1, and applicable state or federal standards, the stricter
standard shall apply unless the state or federal standards require a different result.
N. Vibration
1) Vibration refers to ground transmitted oscillations. For the purposes of identifying and
measuring different types of vibration:

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Chapter 60.400: Development Standards and Incentives
Section 60.400.130 Maintenance and Operation Section 60.400.130O: Noise

a. Amplitude shall mean the maximum displacement of the surface of the earth from its
normal resting position. Amplitude is generally measured in inches or mils.
b. Discrete Impulses shall mean a ground transmitted vibration stemming from a source
where specific impulses do not exceed 60 per minute or one per second.
c. Frequency shall mean the number of times that a displacement completely repeats itself
in one second of time. Frequency shall be expressed in cycles per second (cps) or hertz
(Hz).
d. Impact shall mean an earthborn vibration generally produced by two or more objects
striking each other so as to cause separate and distinct pulses.
2) Ground transmitted vibration shall be measured using a seismograph or complement of
instruments capable of recording vibration displacement and frequency, particle velocity, or
acceleration simultaneously in three mutually perpendicular directions.
3) Vibration shall not exceed the levels in Table 400.13-2 Vibration Levels.

Table 400.13-2 Vibration Levels

Maximum Peak Particle Velocity in
When the Lot is Adjacent to a:
Inches per Second
0.02 (7AM – 9PM)
Residential District
0.01 (9PM – 7AM)
0.05 Mixed Use District
0.1 Non-Residential District

4) The maximum particle velocity shall be the maximum vector sum of three mutually
perpendicular components recorded simultaneously. Particle velocity may also be expressed
as 6.28 times the displacement in inches multiplied by frequency in cycles per second.
Steady state vibrations are ones that are continuous or in discrete impulses of more than 60
per minute. Discrete impulses that do not exceed 60 per minute shall be considered impact
vibrations. Impact vibrations are limited to values that are no greater than twice those
specified above.
O. Noise
1) All activities shall comply with the Rochester Code of Ordinances Section 8-7-8 regarding
permissible levels of noise and shall be conducted so as to avoid the creation of any noise
that would create a public nuisance interfering with the use and enjoyment of adjacent
properties.
2) Any amplified sound equipment shall be mounted so as to direct sound inward from property
boundaries, rather than outward towards property boundaries.
3) Amplified sounds at a level higher than 65 decibels (the level of normal conversation) shall
not be allowed to cross lot lines unless an approval has been issued for that purpose.

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Chapter 60.500: Procedures and Administration
Section 60.500.010 Introduction and Summary Table of Procedures Section 60.500.010A: Purpose

Chapter 60.500 Procedures and Administration

Section 60.500.010 INTRODUCTION AND SUMMARY TABLE OF PROCEDURES
A. Purpose
The propose of this section is to provide consistent, equitable procedures for the review of
development proposals and to ensure that proposed development will be in accordance with the
purposes and standards of this UDC.
B. Summary Table of Review Procedures
Table 500.01-1, Summary Table of Review Procedures, lists the development applications
authorized by this UDC, whether public notice is required, whether a pre-application meeting is
required, and the role of City review and decision-making bodies.

Table 500.01-1 Summary Table of Review Procedures

Y = Yes R = Review D = Decision A = Appeal [ ] = Public Hearing

Public Pre-
Review and Decision-Making Bodies
Notice Submittal

Development Director

Heritage Preservation
Information Meeting

Pre-Development
Procedure UDC Section

Zoning Board of
Neighborhood

Commission

City Council
Community
Published

Planning
Meeting

Appeals
Posted
Mailed

Major Decision by City Council

Comprehensive Plan and/or
Section
Land Use Plan Adoption or Y R [R] [D]
60.500.040A
Amendment
Growth Management Map Section
Amendment Y Y R [R] [D]
60.500.040B
Annexation of Land Section
60.500.040B.4) Y Y R R [D]
a
UDC Text Amendment Section
Y Y R [R] R[1] [D]
60.500.040D
Rezoning (Official Zoning Section
Map Amendment) Y Y Y Y Y R [R][1] R[2] [D]
60.500.040E
Designation or Removal of
Section
Landmark Property or Y Y Y Y Y R [R] [D]
60.500.040F
Landmark District

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Chapter 60.500: Procedures and Administration
Section 60.500.010 Introduction and Summary Table of Procedures Section 60.500.010B: Summary Table of
Review Procedures

Table 500.01-1 Summary Table of Review Procedures

Y = Yes R = Review D = Decision A = Appeal [ ] = Public Hearing

Public Pre-
Review and Decision-Making Bodies
Notice Submittal

Development Director

Heritage Preservation
Information Meeting

Pre-Development
Procedure UDC Section

Zoning Board of
Neighborhood

Commission

City Council
Community
Published

Planning
Meeting

Appeals
Posted
Mailed
Major Land Subdivision Section
Permit Y Y Y Y Y R R [D]
60.500.040G
Final Plat Section
Y R [D]
60.500.040H
Official Map Adoption Section
Y R R [D]
60.500.040I
Public Street or Easement Section
Y R R [D]
Vacation 60.500.040J
Distinctive Section
Development Y Y Y Y Y R [R] [D]
60.500.040L
Conditional Use Permit Error! Reference
Approved by City Council source not Y Y Y Y Y R R [D]
found.
Interim Use Permit Section
Y Y Y Y Y R R [D]
60.500.040N
Decisions That May Require by a Designated Authority
Conditional Use Permit
Section
Approved by Planning Y Y Y Y Y R [D] [A]
60.500.050A
Commission
Property Placement on Section
Historic Inventory D [A]
60.200.04C
Certificate of
Section
Appropriateness – Major R D[3] [A]
60.500.050B
Alterations
Shoreland Protection Permit Section
R [D] [A]
60.500.050C

Development Approvals by Community Development Director

Zoning Certificate Section
D [A]
60.500.060A
General Development Plan Section
Y Y D [A]
60.500.060B

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Chapter 60.500: Procedures and Administration
Section 60.500.010 Introduction and Summary Table of Procedures Section 60.500.010B: Summary Table of
Review Procedures

Table 500.01-1 Summary Table of Review Procedures

Y = Yes R = Review D = Decision A = Appeal [ ] = Public Hearing

Public Pre-
Review and Decision-Making Bodies
Notice Submittal

Development Director

Heritage Preservation
Information Meeting

Pre-Development
Procedure UDC Section

Zoning Board of
Neighborhood

Commission

City Council
Community
Published

Planning
Meeting

Appeals
Posted
Mailed
Site Development Plan
Section
Y[4] Y[4] D [A]
60.500.060C
Certificate of
Section
Appropriateness – Minor D [A] [A]
60.500.060D
Alterations
Rental Housing Certificate Section
D [A]
60.500.060E
Temporary Permit Section
D [A]
60.500.060F
Minor Land Subdivision Section
Permit Y D [A]
60.500.060G
Floodplain Development Section
Permit [5] [A]
60.500.060H
Grading Permit Section
[5] A
60.500.060I
Lot Line Readjustment Section
D [A]
60.500.060J
Sign Permit Section
D [A]
60.500.060K

Flexibility and Relief

Minor Modification Section
D [A]
60.500.070A
Major Modification Section
R [D] [A]
60.500.070B
Variance Section
Y Y Y R [D] [A]
60.500.070C
NOTES
[1] UDC Text Amendments that involve the HPO or related procedures shall be reviewed by both the Planning Commission and the
Heritage Preservation Commission.
[2] Official Zoning Map Amendments that involve designation of HPO landmarks or landmark districts or removal of HPO landmark
designations shall be reviewed by the Heritage Preservation Commission rather than the Planning Commission.

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Chapter 60.500: Procedures and Administration
Section 60.500.020 Review and Decision-making Bodies Section 60.500.020A: Purpose

Table 500.01-1 Summary Table of Review Procedures

Y = Yes R = Review D = Decision A = Appeal [ ] = Public Hearing

Public Pre-
Review and Decision-Making Bodies
Notice Submittal

Development Director

Heritage Preservation
Information Meeting

Pre-Development
Procedure UDC Section

Zoning Board of
Neighborhood

Commission

City Council
Community
Published

Planning
Meeting

Appeals
Posted
Mailed
[3] Public Meeting rather than Public Hearing is required.
[4] A Site Development Plan proposing development of four or fewer residential units does not require a Pre-development Meeting
or an information meeting.
[5] Decision made by City Engineer.

Section 60.500.020 REVIEW AND DECISION-MAKING BODIES

A. Purpose
This Section describes the organization, powers, and duties of the offices and public bodies
responsible for the administration of this UDC.
B. Community Development Director
1) Creation
There is hereby established the office of the Community Development Director. It shall be the
duty of the Community Development Director or their authorized representative to enforce
the UDC in accordance with its administrative provisions.
2) Powers and Duties Related the UDC
a. The Community Development Director shall be generally responsible for organizing and
overseeing the administration of this UDC, including but not limited to the performance of
those duties indicated in Table 500.01-1 Summary Table of Review Procedures, unless
this UDC or another City ordinance or regulation indicates that another City official or
public body shall be responsible for performance of a specific action.
b. All forms required in the administration of this UDC shall be maintained, issued, and
made available through the Community Development Department, regardless of the
agency or officer responsible for determining whether an application should be approved.
c. The Community Development Director may make such rules and prescribe such forms,
placards, or other material as may be necessary to perform their duties and
responsibilities consistent with this UDC and other applicable codes, statutes, and
regulations, which rules or forms shall be maintained separately as public records and
available for public review in the Community Development Department.

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Chapter 60.500: Procedures and Administration
Section 60.500.020 Review and Decision-making Bodies Section 60.500.020C: Planning Commission

d. When a public hearing is required by this UDC, the Community Development Director
shall:
1) Schedule the matter for review and hearing;
2) Give notice as required by this UDS, City Code or other law;
3) Maintain a record that includes relevant dates such as for notice, hearings,
postponement and continuances, and a summary of action taken by the hearing
body;
4) Except in the case of hearings before the City Council, prepare minutes of the
hearing, which include the decision on the matter heard and the reasons for the
decision;
5) Render the decisions of the hearing body within a reasonable time; and
6) Submit a copy of the decision to the applicant and other requesting parties
e. The Community Development Director is responsible for making interpretations of the
boundaries of the Official Zoning Map, and use interpretations, of this UDC, or any rule
issued pursuant to it. An individual requesting an interpretation shall submit the request
in writing to the Community Development Director.
1) Zoning district boundary interpretations shall be evaluated under to Section
60.200.020B, Boundary Interpretation.
2) Use interpretations shall be evaluated under Section 60.300.010C, Unlisted Uses
and Structures.
3) The effect of an interpretation shall be to allow the requester to file the appropriate
permit or certificate application which must be consistent with the interpretation
received.
4) An interpretation shall be valid without limitation on the period of time except
where the Council has amended this UDC to invalidate the interpretation.
C. Planning Commission
1) Creation
a. There shall be a Planning Commission consisting of nine members, established as
organized under Rochester Code of Ordinances Chapter 2-9.
b. All members shall be appointed by the Mayor with the approval of the City Council.
c. Commission members shall serve without compensation.
d. Members shall serve a term of three years, and until a successor is appointed and
qualifies.
e. Each member of the commission, before entering upon their duties, shall take and
subscribe an oath of office as prescribed by the City Charter.
f. Vacancies occurring on the commission shall be filled for the unexpired term by an
appointment by the Mayor with the approval of the City Council.

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Chapter 60.500: Procedures and Administration
Section 60.500.020 Review and Decision-making Bodies Section 60.500.020D: Heritage Preservation
Commission
g. The Mayor, with the advice and consent of the council, shall have the authority to remove
any members of the commission whenever the best interests of the city shall be served
thereby.
h. The commission shall adopt a set of rules to govern its own meetings and procedures,
which rules shall not be inconsistent with the provisions of the City Council, Charter and
this UDC.
2) Powers and Duties Related to the UDC
The Commission shall have advisory and decision-making powers relative to various
administrative procedures as identified in this UDC, which shall include but not be limited to
those shown in Table 500.01-1 Summary Table of Review Procedures.
D. Heritage Preservation Commission
1) Creation
a. The Heritage Preservation Commission (HPC) shall consist of nine voting members.
b. In addition to the voting members, the Heritage Preservation Commission shall include, if
available, a member of Olmsted County Historical Society, who shall be a non-voting
member. This individual will be included in discussion and deliberation of ongoing
business and be present for the purpose of building collaboration between the two
organizations.
c. All members shall be nominated by the Mayor and appointed by the City Council.
Heritage Preservation Commission members must be persons with demonstrated
interest and expertise in historic preservation and must reside within the City.
Demonstrated interest and expertise may include experience and interest in a variety of
avocations and fields engaged in historic preservation efforts and issues, including,
without limitation, architecture, construction, legal, real estate, and economic
development.
d. Heritage Preservation Commission members shall serve staggered three-year terms.
e. Each term of office shall expire on December 31 of the year the term is scheduled to
expire. All subsequent appointments will be made for three-year terms. All members shall
serve until their successors have been appointed and qualified.
f. When a vacancy occurs, the Mayor shall nominate a successor for approval by the City
Council to fill the unexpired term of the office. If a vacancy occurs in a term with less than
45 days remaining, the Mayor may allow the term to expire without nominating a
successor.
g. Members will not receive a salary for their services, but may be compensated for any
approved expenses incurred in the performance of their duties in accordance with
guidelines established by the City Council.
h. The Heritage Preservation Commission shall meet at least four times a year.
i. The Heritage Preservation Commission shall elect from its members such officers as it
may deem necessary. The Commission shall have the power to designate and appoint
from its members various committees.

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Chapter 60.500: Procedures and Administration
Section 60.500.020 Review and Decision-making Bodies Section 60.500.020E: Zoning Board of Appeals

j. The Heritage Preservation Commission shall follow adopted City policy for the conduct of
its affairs and for the purpose of carrying out the intent of Section 60.200.040C HPO –
Heritage Preservation Overlay and related procedures in Chapter 60.500 Procedures and
Administration.
2) Powers and Duties Related to the UDC
The Commission shall have advisory and decision-making powers relative to various
administrative procedures as identified in this UDC, which shall include but not be limited to
those shown in Table 500.01-1 Summary Table of Review Procedures.
E. Zoning Board of Appeals
1) Creation
a. There shall be a Zoning Board of Appeals consisting of seven members, one of whom
shall be a member of the Planning Commission.
b. All members shall be appointed by the Mayor with the approval of the City Council.
c. Members shall serve for a term of three years, except the Planning Commission
representative, who shall serve for a term of one year.
d. No member shall serve more than two consecutive terms.
e. The Zoning Board of Appeals shall choose a chair from among its membership and
determine its rules of proceeding, a copy of which shall be filed with the Community
Development Director.
2) Powers and Duties Related to the UDC
a. The Zoning Board of Appeals shall have advisory and decision-making powers relative to
various administrative procedures as identified in the Rochester Code of Ordinances
Chapter 20, which shall include but not be limited to those shown in Table 500.01-1
Summary Table of Review Procedures.
b. Additional Zoning Board of Appeals duties related to the APO district are in Section
60.200.040B, APO -- Airport Protection Overlay.
F. City Council
1) Powers and Duties Related to the UDC
The City Council shall have all those powers and duties available to the governing body of a
municipality in the state of Minnesota, including but not limited to those powers stated in
Chapter V of the Charter of the City of Rochester, and the ordinances of the City of Rochester,
which shall include but not be limited to those shown in Table 500.01-1 Summary Table of
Review Procedures.

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Chapter 60.500: Procedures and Administration
Section 60.500.030 Common Procedures Section 60.500.030A: General

Section 60.500.030 COMMON PROCEDURES

A. General
1) The common review procedures in this Section 60.500.030 provide the foundation for
specific review and approval procedures identified in Section 60.500.040J through Section
60.500.060K.
2) Not all common review procedures apply to every development application type. Section
60.500.040 through Section 60.500.060KJ identify how these common review procedures
are applied to specific application types, and identify additional procedures and
requirements beyond the common review procedures.
B. Pre-Submittal Activities
1) Pre-Development Meeting
a. Purpose
The Pre-development Meeting is intended to provide an opportunity for the applicant to
meet with Staff prior to submitting a formal application for development, to review
property zoning and utility availability, identify required development review processes
and public hearings, and determine public improvements and engineering studies that
may be required. Staff can offer guidance and information that helps the applicant to
better prepare the formal application.
b. Applicability
Pre-development Meetings are required as follows:
1) A Pre-development Meeting is required prior to the submission of certain
application types, as shown in Table 500.01-1, Summary Table of Review
Procedures.
2) All applications that propose development of residential with five or more units,
mixed use, commercial, or industrial development are required to participate in a
Pre-development Meeting.
3) Pre-development Meetings are strongly encouraged for other development
application types.
4) A Pre-development Meeting is valid for one year after the meeting date.
c. Scheduling the Meeting
1) The Pre-development Meeting shall be scheduled on a first come, first served basis.
2) A Pre-development Meeting is valid for one year after the meeting date; if an
application related to the Pre-development Meeting is not filed within that one year
period, a new meeting will be required.

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2) Neighborhood Information Meeting

a. Purpose
The Neighborhood Information Meeting, held at the applicant’s expense, is intended to
provide the residents of a neighborhood where development is proposed an opportunity
to request information about the proposed development (if any) in their community, and
provide feedback and input to the developers on their proposal. Applicants who are not
required to hold a Neighborhood Information Meeting are nevertheless encouraged to
hold a meeting in order to be aware of potential community concerns and reactions
before substantial time and expense are invested in a specific project design.
b. When Required
1) A Neighborhood Information Meeting is required prior to the submission of certain
application types, as shown in Table 500.01-1 Summary Table of Review
Procedures.
2) All applications that propose development of residential with five or more units,
mixed use, commercial, or industrial development are required to administer a
Neighborhood Information Meeting. A Neighborhood Information Meeting may be
required if the Community Development Director determines that the project is
likely to have material or unexpected impacts on the surrounding area. The
Community Development Director will, within 15 days of receipt of an application,
notify an applicant that such a determination has been made and that the
application is incomplete until a Neighborhood Information Meeting has been held.
Once the Neighborhood information Meeting has been held, the applicant will be
allowed to re-submit the application but will not be required to pay an additional
fee.
3) If the application is revised during the application process to include substantial
changes from the project and plans shown at the initial Neighborhood Informational
Meeting, the Community Development Director may require an additional
Neighborhood Information Meeting. More detail about minor and major revisions to
applications is included in Section 60.500.030D.5) Minor Revisions to Applications.
c. Scheduling the Meeting
1) Where required by Table 500.01-1 Summary Table of Review Procedures, or upon
notification that a hearing is required under Section 60.500.030B(2)(b)(2) or (3)
above, the applicant shall request in writing that the Community Development
Director schedule a Neighborhood Information Meeting.
2) The applicant shall complete and submit a Neighborhood Information Meeting
request form at least five business days prior to the notification mailing.
3) The meeting must be held in an accessible facility, located in the same quadrant of
the city, as described in Section 60.400.030M.5)e.2), in which the development is
proposed. If the Community Development Director has concerns regarding the
choice of meting facility, based on its design, accessibility, or proximity to residents

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who may be affected by the proposed development, the applicant may be required
to select an alternate location.
4) The Community Development Director will provide a mailed postcard notice of the
Neighborhood Information Meeting at least 10 calendar days prior to the meeting in
accordance with Section 60.500.030C.1)b, Written Notice, and shall notify the
Registered Neighborhood Association, if one exists, where the proposed
development is located.
5) The Community Development Director shall also notify Registered Neighborhood
Associations, if any exist, where the proposed development is located.
6) Neighborhood Information Meetings shall not be scheduled to conflict with regularly
scheduled City Council meetings or on federal holidays, including Election Day.
7) Staff may attend but shall not present, evaluate, or approve development proposals
at Neighborhood Information Meetings.
8) Multiple applications related to a single action or development or that are to be
reviewed concurrently by City Council require a single Neighborhood Information
Meeting.
9) An application for development shall include a written summary stating the time
and location of the meeting, the number of attendees and the topics discussed.
The summary shall list each concern raised at the meeting, and for each such
concern, any changes made to the application in response to that concern or the
reason why no change was made.
10) The application for development shall be submitted within 30 calendar days from
the date of the Neighborhood Information Meeting.
C. Public Hearings
Where Table 500.01-1 Summary Table of Review Procedures, or State Law or City Code indicates
that a public hearing is required, the hearing shall be scheduled, noticed, and conducted as
follows.
1) Notice Requirements
a. Notice of a Hearing
Notice of a hearing shall contain the following information:
1) The date, time, and place of the hearing;
2) Where the hearing involves a development application for a specific parcel of land,
a description reasonably calculated to inform a person of the location of the
property for which the development permit or other action is pending, including the
use of a map or postal address and a subdivision lot and block designation, a
metes and bounds description, or the tax map designation assigned by the County
Assessor;
3) The purpose of the hearing;

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4) The interested parties may appear and be heard;

5) The sections of the UDC that are pertinent to the hearing procedure; and
6) Where information regarding the application may be examined and when and how
verbal or written comments may be submitted.
b. Written Notice
1) Notice Required
Unless otherwise provided, addresses for a mailed notice required by this UDC shall
be obtained from the County’s real property tax records and sources of property
owner and tenant mailing addresses obtained no more than 60 days prior to mailing.
Mailed notice shall be sent out by the Community Development Director at least 10
calendar days prior to the day of the hearing. Notice shall be provided to:
(a) All owners and tenants of property affected by the application or owning or
occupying property situated wholly or partly within 350 feet of the property
subject to the application, provided that no fewer than 50 distinct property
owners and the tenants of those property owners shall be notified;
(b) Any township included within or adjacent to the property subject to the
application;
(c) City Council; and
(d) The Community Development Director will keep a list of all of the owners and
addresses to which notice was sent.
2) Omissions and Effect of Omissions
(a) Written notice is not required when a person’s name is not in the tax records at
the time an application is filed, unless the address is on file with the Community
Development Director.
(b) The failure of a property owner to receive written notice or defects in the notice
after a good faith attempt to comply with the notice requirements shall not
invalidate the underlying action.
(c) If any omission or defect in the written notice is brought to the attention of the
hearing body, either at or prior to the hearing, the hearing body shall consider the
defect prior to proceeding on the application. If it is found the omission or defect
impaired a surrounding property owner’s ability to participate in a public hearing,
and a delay will not prevent compliance with statutory or other time
requirements, then the hearing body shall continue the hearing on the proposed
application for at least 10 calendar days.
c. Published Notice
When published notice is required, it shall be published in the official newspaper of the
City of Rochester, or in any other format authorized by Minnesota state law, at least 10
calendar days prior to the day of the hearing.

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d. On-Site Posted Notice

1) When Required
On-site public notice signage shall be erected on the property where a development
application is filed that requires City Council approval.
2) Sign Requirements
(a) Posted Signs
(i) Required sign(s) and content of the signs shall be provided by the Community
Development Department.
(ii) The applicant shall be responsible for posting the sign(s) at least 10 calendar
days prior to the date of the first public hearing, and maintaining the sign(s)
until the final public hearing body has taken final action upon the application.
(iii) Posted sign(s) must be visible to the public, with an unobstructed view from
the public right-of-way. At least one sign shall be placed for every 300 feet of
linear frontage abutting a public right-of-way, not including alleys. Signs shall
be posted on the subject property (not the public right-of-way), within five feet
of the lot boundary. If the subject property does not have street frontage, at
least one sign must be placed so that it is visible to the public.
(b) Demonstration of Compliance
(i) Prior to the first public hearing or public meeting date, the applicant shall
submit evidence of compliance with these posting requirements between the
date on which signs must be posted and the date of the first public hearing or
public meeting.
(ii) Failure to submit evidence shall be treated as failure to comply with the
requirements of this Section 60.500.030C.1)d. If the applicant does not
provide evidence that any failure to comply with these requirements has not
impaired the public’s ability to participate in the public hearing, the hearing
body may continue the hearing for at least 10 days provided that such delay
will not prevent compliance with statutory or other time requirements
imposed by law.
(iii) If failure to comply with these requirements is not brought to the attention of
the hearing body, the hearing body finds that failure to comply has not
impaired the public’s ability to participate in the public hearing, or the hearing
cannot be delayed due to statutory or other time requirements imposed by
law, this failure shall not prevent the conduct of the public hearing or meeting
or impair the validity of the proceedings on the application.

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(c) Removing Signs

(i) The applicant shall remove all signs from the subject property within five days
of the hearing body’s decision, or within five days of an application being
withdrawn from consideration.
(ii) Upon removal, all signs shall be returned the Community Development
Department.
e. Additional Notice Requirements for Shoreland Development
1) Copies of notices of any public hearings to consider variances, Shoreland
Protection Permits, amendments, or conditional uses under local shoreland
management controls must be sent to the Minnesota Commissioner of Natural
Resources and postmarked at least 10 days before the hearing.
2) A copy of approved amendments and subdivisions/plats and final decisions
granting variances or conditional uses under local shoreland management controls
must be sent to the Minnesota Commissioner of Natural Resources and
postmarked within 10 days of final action.
3) Copies of notices of public hearings related to properties located in the FPO district
must be sent to the Minnesota Commissioner of Natural Resources so that the
Commissioner receives the notice at least 10 days before the hearing.
f. Additional Notice
The City may provide additional notice to persons or entities not named in Subsections a
through f above, or in forms not listed in 60.500.030C(1), including but not limited to
electronic notification, but any errors in such notification will not impair the validity of the
proceedings.
g. Effect of Notice
Except as provided in Section 60.500.030C(1)(b.2 and d.2)b above, if the applicant
provides evidence that the required notices were timely published, mailed, posted, or
otherwise provided as required by this Section 60.500.030C.1)c Published Notice, then
the failure of an intended person or organization to receive actual notice due to changes
of address since the latest update to the City real estate records, or due to changes of e-
mail addresses since those were last provided to the City, or due to errors in postal
delivery or newspaper publishing, or for other reasons, shall not be grounds for a delay of
application review or a delay of public hearing(s), and shall not be grounds for appeal of
the resulting decision.
2) Conduct of Public Hearing
a. If the application is subject to a public hearing, the applicable review body shall hold a
public hearing on the application in accordance with the applicable standards in this
Section 60.500.030.

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b. Following a hearing, the hearing body shall, within the time limits imposed by this UDC,
approve, approve with conditions, or deny the application or, if the hearing is in the
nature of an appeal, grant or deny the appeal.
c. The deadline for the final decision may be extended only by written agreement between
the applicant and the Community Development Director.
D. Application Submittal and Processing
1) Application Submittal Requirements
The Community Development Director will provide all forms and information required for
each type of application. The following additional information shall be submitted with an
application, as applicable.
a. Environmental Review
1) An Environmental Assessment Worksheet as required by Minnesota Rules Part
4410.4300 as amended; when required following a petition sent to the
Environmental Quality Board; or if the Community Development Director determines
that the project has the potential for significant environmental effects.
2) An environmental Impact Statement as required by Minnesota Rules Part
4410.4400 as amended.
b. Traffic Impact Study
1) Applicability
The following provisions apply in all zoning districts of the City except those portions
of the MX-D zoning district that are not required to provide on-site off-street parking
as described in Table 400.08-1, Minimum and Maximum Vehicle Parking Required.
(a) Rezoning Traffic Analysis, Traffic Impact Report, or Traffic Design Analysis
(together the “Traffic Impact Study Requirements” and as further described
below), is required for all applications subject to this Subsection b, that meet the
criteria of those individual sections, and must be approved by the City as
complete and containing all required information before the application is
submitted. The adequacy of the analysis will be determined during review of the
UDC application to which the analysis relates.
(b) A scoping meeting with the City Engineer may be scheduled for applicants
seeking a waiver of the requirements regarding a Rezoning Traffic Analysis,
Traffic Impact Report, or Traffic Design Analysis.

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(c) Rezoning Traffic Analysis

(i) A Rezoning Traffic Analysis is required for certain Rezoning and Land Use
Plan Amendment requests. The purpose of the analysis is to evaluate
whether adequate transportation capacity exists or will be available within a
reasonable time period to safely and conveniently accommodate the
proposed uses allowed by the requested land use or zoning classification.
This requirement applies to:
a. A proposed rezoning that could generate 100 or more directional trips
during the peak hour or at least 1000 more trips per day than the
most intensive use that could be developed under existing zoning; or
b. A proposed rezoning on a site located along, or which has the
potential to take access within 500 feet of a corridor identified as a
freeway or expressway on the Thoroughfare Plan; or
c. A proposed amendment to the Land Use Plan involving more than
one acre which would permit uses generating higher traffic than the
existing Land Use Plan designation; or
d. Proposed development for a site of three-and-a-half acres or larger
that is zoned MX-G, LI or SI.
e. A proposed rezoning to the BP zoning district consisting of seven or
more acres.
(ii) The acceptability of the analysis shall be determined through the application
review process.
(d) Traffic Impact Report
(i) A Traffic Impact Report shall be required for a Conditional Use Permit, Major
or Minor Land Subdivision Permit, General Development Plan approval, Site
Development Plan approval, Zoning District Amendment, or Land Use Plan
Amendment, where the application involves any of the following, unless the
application is required to complete a Rezoning Traffic Analysis pursuant to
Subsection (a) above, or unless that requirement is waived or modified
pursuant to this UDC:
a. A land use type that has an average trip generation rate of 125 trips
per acre per day or greater, according to most current versions of the
ITE Trip Generation Informational Report or comparable research
data published by a public agency or institution, and which will
generate, based on the size of the development, 750 or more
average daily trips; or
b. A development that may concentrates 1,500 or more average daily
trips through a single access point; or
c. A development that uses an at-grade access opening onto an existing
or proposed freeway or expressway as indicated on the adopted
Thoroughfare Plan.
d. A property zoned MX-G, LI, or SI consisting of 3.6 acres or more.

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e. A property zoned BP consisting of seven or more acres.

(e) Traffic Design Analysis
All Land Subdivisions and General Development Plans that do not require a
Rezoning Traffic Analysis or Traffic Impact Report will be required to complete
a Traffic Design Analysis, unless that requirement is waived or modified
pursuant to this UDC.
2) Waivers
The requirement to prepare a Rezoning Traffic Analysis, Traffic Impact Report, or
Traffic Design Analysis may be waived by the City Engineer if the City Engineer
determines that such report is not necessary to determine needed road
improvements or that no unsafe or hazardous conditions will be created by the
development as proposed.
3) Traffic Impact Study Requirements
(a) The extent of the analysis or report shall be determined by standards and criteria,
including but not limited to traffic level of service standards, appearing on the
City’s website, and will depend on the location of the project, the amount of
traffic generated from the development, and the existing conditions in the project
area.
(b) Studies completed at an early stage of development may need to be updated to
include more detail as development plans become more specific or approval
actions result in the reformulation of plans. As part of the review for determining
whether a development application is complete, proposals for which an earlier
traffic analysis study has been completed will be reviewed to ensure consistency
with previous approvals or to identify the need for revision or refinement of
previously completed studies.
(c) An application required to submit a Rezoning Traffic Analysis, Traffic Impact
Analysis, or Traffic Design Analysis that does not comply with this Section
60.500.030D.1)b and related requirements on the City’s website may be denied,
or the approval of the application conditioned upon compliance with those
standards.
2) Authority to Submit an Application
a. Unless expressly stated otherwise in this UDC, applications, permits, or processes under
this UDC shall be submitted by the owner, contract purchaser, or any other person having
a recognized property interest in the land on which development is proposed within the
City; or by a person authorized to submit the application on behalf of the owner, contract
purchaser, or other person having a recognized property interest in the land, as
evidenced by a letter or document signed by the owner or contract purchaser;
b. Where there are multiple owners of the property that is the subject of the application, the
signature of a person authorized by Subsection a above must be obtained for each
property owner, or if one or more such signatures cannot be obtained, the application

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shall document what efforts were made to obtain the missing signatures and the reason
why the application may be processed without harm or liability to the interests of the
missing signatories.
c. For amendments to the Official Zoning Map, the application must include the signatures
of the owners, or their representatives of at least 50 percent of the land involved.
d. Notwithstanding Subsections 2.a, and 2.b, above, an application for designation of a
landmark property or landmark district may be filed by the property owner, the Heritage
Preservation Commission, the Mayor, or the City Council.
e. No applicant may file an application under this UDC for a property that has received a
notice of an outstanding violation of the UDC related to the same property, unless the
Community Development Director determines that the application is for a project that, if
approved, would cure or render moot the current violation.
3) Payment of Fees
a. Staff shall maintain an official fee schedule on the City’s website for any application,
permit, or process requiring a fee. The applicable charges or fees shall be set forth in the
city’s schedule of charges and fees which will be adopted by resolution and modified
from time to time. The official fee schedule shall be available to the public in the
Community Development Department Office.
b. Fees shall be paid at the Community Development Department office at the time of
application submittal. When the Community Development Department has received a
complete submittal, Staff shall calculate the total amount of the application fee and any
other applicable fees. All payments shall be made to the City of Rochester.
c. Until all applicable fees, charges, and expenses have been paid in full, no action shall be
taken on any application, subdivision request, or permit.
d. The Community Development Director may waive the application fee for any proposal
that is actively being promoted by a unit of local government or quasi-public organization
or that involves a local subsidy.
e. No refunds shall be permitted after a Planning Commission or City Council hearing on the
application has been held, regardless of whether or not the Planning Commission or City
Council has taken action on the application.
4) Completeness of Application
a. On receiving an application, Staff shall determine whether the application is complete
and is consistent with conditions of previous approvals by an appointed or elected body
applicable to the same property. A complete application is one that contains all
information and materials required by the City website and this UDC for submittal of the
particular application, and that has sufficient detail and readability to evaluate the
application for compliance with applicable review standards of this UDC.
b. No application shall be considered complete until all pre-submittal requirements as listed
in Section 60.500.030B and D have been satisfied and all required fees have been paid.
c. Upon determining that the application is incomplete, the Community Development
Director shall notify the applicant of the submittal deficiencies. The applicant may correct

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the deficiencies and resubmit the application for a determination of completeness until
Staff determines the application is complete.
d. If the Community Development Director notifies an applicant of missing or deficient
materials in an application under this UDC, and the applicant does not submit the
missing materials or corrected materials within 30 days after the date on which the
Director transmits the notice, the applicant will be considered inactive, and materials
submitted to date will be returned to the applicant. Any application processing fees paid
by the applicant in connection with an inactive application shall not be refunded.
e. No application shall be reviewed for compliance with this UDC or scheduled for a public
hearing by any review or advisory body until it is determined to be complete.
f. The Community Development Director may determine that an application that is
otherwise complete shall not be reviewed if existing violations of this UDC related to the
subject property or the applicant exist, pursuant to Code of Ordinances Section 85.25.
Upon determining that the application is complete, and that Subsection e above does not
apply, Staff shall accept the application for review in accordance with the procedures and
standards of this Chapter 60.500.
g. Where a Rezoning Traffic Analysis, Traffic Impact Report, Traffic Design Analysis, or waiver
of one or more of those documents is required, the application shall be considered
complete after the City Engineer determines the Analysis is complete and satisfies the
requirements of this ordinance. If the City Engineer determines the Analysis is not
complete or does not satisfy the requirements of this ordinance, notice of such
determination and the missing information must be provided to the applicant within 15
business days of the receipt of the Analysis.
5) Minor Revisions to Applications
a. An applicant may revise an application after receiving notice of compliance deficiencies
following Staff review, or upon requesting and receiving permission from an advisory or
decision-making body after that body has reviewed, but not yet taken action on, the
application. Such revision must be accompanied by an acknowledgment that the revision
amounts to a withdrawal of the prior application and submission of a new application for
purpose of timelines under state law and this UDC.
b. Revisions must be limited to changes that directly respond to specific requests or
suggestions made by Staff, the advisory, or decision-making body, as long as they
constitute only minor additions, deletions, or corrections and do not include significant
substantive changes to the development proposed in the application.
c. Minor changes to an application include only those types of changes that the
Community Development Director has the authority to approve under Section
60.500.070A.4)1. If the Community Development Director determines that a Minor
Change will increase the height of a structure above grade, reduce setbacks from
abutting properties, or reduce the amount of open space on the site, or create additional
impacts on abutting properties when compared with the application as submitted, the
Director may require an additional Neighborhood Information Meeting pursuant to
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complete until after the Neighborhood Information Meeting has been held and the
applicant has satisfied all other requirements of this UDC related to such meeting.
d. All proposals for changes to an application that are not listed in Section
60.500.070A.4)1 Permitted Minor Modifications, shall require a new application, and
may require an additional Neighborhood Information Meeting pursuant to Section
60.500.030B.2)b
6) Abandoned Applications
If an accepted application has undergone the applicable review process and has not been
resubmitted to address Staff-noted deficiencies within 30 days after notification of those
deficiencies, the application shall be deemed abandoned and no application or processing
fees related to the application shall be refunded to the applicant. Restarting an abandoned
application shall require a Pre-development Meeting if the original application required a Pre-
development Meeting, and may be subject to additional fees.
7) Withdrawal of an Application
a. If a formal application is withdrawn before it is heard by the Planning Commission, the
withdrawal shall be without prejudice and shall have no effect upon any subsequent
application.
b. If a formal application is withdrawn after it is heard by the Planning Commission, the
withdrawal shall be with or without prejudice as the governing body shall decide.
8) Concurrent Review
a. Two or more applications may be reviewed concurrently. The concurrent review of
multiple applications shall be subject to the same criteria and findings that apply to each
application individually as stated in this UDC. Each application requires a separate action
by the designated hearing body.
b. The following application types may be reviewed concurrently:
1) Amendment of Official Zoning Map;
2) General Development Plan;
3) Site Development Plan;
4) Questions of Land Use Plan conformance that are to be decided by the Council
after review;
5) Major Land Subdivision Permit;
6) Conditional Use Permit;
7) Variance; and
8) Minor Modification.
c. Where an application that may be approved by the Community Development Director
pursuant to Table 500.01-1, Summary Table of Review Procedures, is being reviewed
concurrently with an application that requires approval by an appointed or elected body,

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the Director’s decision of whether to approve or deny shall accompany and be

considered to be part of the application considered by the appointed or elected body, but
the Director’s decision shall not become final unless and until the elected or designated
authority acts to approve the application, approve it with conditions or deny the
application, but the Director’s decision will stand unless the designated authority
determines otherwise.
E. Review and Decision
1) Staff Report
a. For each application for which the Planning Commission or City Council serves as a
hearing board or decision-maker, the Community Development Director shall prepare a
Staff Report indicating whether the application complies with applicable provisions of this
UDC and other adopted City, state, or federal regulations.
b. The Staff Report shall recommend that the hearing board and/or decision-maker
approve, approve with conditions, or deny the application based on its compliance with
this UDC, including without limitation those criteria for approval for that type of
application listed in this UDC.
2) Approval of Incentives
a. Section 60.400.120, Incentives lists the review and decision procedure and criteria
required for approval of an incentive.
b. Decisions regarding applicable incentives are made by the Community Development
Director, Heritage Preservation Commission, Planning Commission, or City Council as
provided in Chapter 60.400.120F.
c. If the Director approves any incentives requested in the application, any applicable
review of the application by an appointed or elected body required by this UDC shall be
based on the application including all incentives approved by the Community
Development Director.
d. If the Director determines that approval of any incentive requested in the application will
impose on the City obligations to finance operation or maintenance expenses related to
the incentive, and that the City’s current budget or budgetary processes will not or may
not be able to support those costs, the Director may deny the requested incentive, and
any applicable review of the application by an appointed or elected body required by this
UDC shall be based on the application not including those incentives denied by the
Director.
3) Decision
The application shall be subject to review, hearings, recommendations, and decisions as
indicated in Table 500.01-1, Summary Table of Review Procedures.
a. Development Approvals by Community Development Director
Table 500.01-1, Summary Table of Review Procedures, indicates the applications for
which the Community Development Director shall make the decision. Provided that no
specific criteria for approval of that type of application are listed in Section 60.500.060

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Development Approvals by Community Development Director or another Section of this

UDC, in which case the specific criteria listed in Section 60.500.060, the Director may
approve an application, or approve it with conditions, pursuant to the following: if it
complies with the following criteria:
1) Following acceptance of an application and a determination that the application is
complete, the Community Development Director shall either issue or deny a permit
or certificate within the following time frames:
Table 500.03-1 Timeframe for Action on Complete Applications
Permit Type Maximum Number of Business Days

Zoning Certificate 10 days

Rental Housing Certificate 5 days
Sign Permits 10 days
Other Applications Not Requiring
20 days
Approvals by Department or Agencies
Applications Requiring Approval or
7 days (following approval by others)
Review by Departments or Agencies

2) The application must be consistent with any previous development approvals

related to the property including but not limited to any approved General
Development Plan, Distinctive Development, Major Land Subdivision Permit, or
Minor Land Subdivision Permit.
3) The Community Development Director determines that the following criteria are
met, based on the evidence submitted with the application, comments from referral
agencies, information on file with the Community Development Department, and
any required approvals from other bodies:
(a) The application complies with all applicable provisions of this UDC and other City
regulations, as modified by any previously approved Minor Modifications, Major
Modifications, or Variances;
(b) The property is not subject to a pending notice of violation or legal action as a
result of a violation of any federal, state, county, or city land use law or
administrative rule, unless the proposed action would result in a correction of the
violation or render the pending legal action moot; and
(c) If subject to a development agreement, the property has performed all required
actions within the timelines in that development agreement.
4) An applicant may revise a denied application and resubmit it, with payment of a
new fee required pursuant to Section 60.500.030D.3). If a previously denied
application is resubmitted within one year, the portions of the application that were
approved need not be reconsidered unless Community Development Director
determines that changed conditions or changes in the revised application require
reconsideration.

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b. Decisions to be Made by a Designated Authority

1) If Table 500.01-1, Summary Table of Review Procedures, or another provision of
this UDC indicates that any designated authority shall make the decision on an
application, the designated authority shall approve the application, or approve it
with conditions, if it complies with the criteria applicable to approval of that type of
application, using the process described for each application type.
2) If this UDC does not provide specific criteria for approval of an application to be
decided by a designated authority, the designated authority shall approve the
application, or approve it with conditions if it complies with the following criteria:
(a) The application complies with all applicable provisions of this UDC and other
adopted City regulations, as modified by any previously approved Minor
Modification, Major Modification, or Variance;
(b) The application is consistent with any previous development approvals related to
the property including but not limited to any approved General Development Plan,
Distinctive Development, Major Land Subdivision Permit, or Minor Land
Subdivision Permit; and
(c) The application will mitigate any negative impacts on surrounding properties to
the maximum extent practicable.
3) Additional Provisions for Decisions to be Made by the Planning Commission
If Table 500.01-1, Summary Table of Review Procedures, indicates that the Planning
Commission shall make the decision on an application, the following additional
provisions shall apply:
(a) Referral and Notice
(i) Following acceptance of an application subject to Planning Commission
approval, Staff shall, within three days, transmit one copy of the application,
or appropriate parts of the application, to each referral agency for review and
comment. If the referral agency does not comment within seven days, the
referral agency shall be presumed to have no comment, unless an extension
of up to seven days is requested by the agency and granted by the
Community Development Director.
(ii) The Community Development Director shall also mail a Notice of Proposed
Action to all persons designated to receive notice as stated in Section
60.500.030C.1)b, Written Notice. The notice shall contain a synopsis of the
development, and instructions on where to obtain additional information.
(b) Preliminary Recommendation
(i) The Community Development Director shall review any information received
under Section 60.500.030D and make a preliminary recommendation of
whether to grant the application, grant it with conditions, or deny the
application.

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(c) Planning Commission Decision

(i) Prior to the public hearing, in addition to the notice procedures outlined in
Section 60.500.030C, notice shall be sent to all property owners who have
land within 500 feet of, and to at least 50 property owners closet to, the
parcel under consideration.
(ii) If a preliminary decision of the Community Development Director is not
scheduled for review, or following a scheduled review by the Planning
Commission, the Community Development Director shall dispose of the
development permit in the manner provided for by Section 60.500.030E.3)
Decision. If there are any changes to the preliminary notice of action, the
Community Development Director shall make such change or transmit a
revised copy to the applicant.
(iii) The Planning Commission shall take action by majority vote of its members
present when the hearing was held, within 25 days of the close of the
hearing, unless an extension is agreed to by the applicant.
c. Decisions by City Council
1) If Table 500.01-1, Summary Table of Review Procedures, indicates that the City
Council shall make the decision on an application, City Council shall make the
decision based on the criteria applicable to approval of that type of application
listed in Section 60.500.040, Major Decisions by City Council.
2) If this UDC does not provide specific criteria for approval of an application to be
decided by the City Council, the City Council shall approve the application, or
approve it with conditions if it complies with the following criteria:
(a) The application complies with all applicable provisions of this UDC and other
adopted City regulations, as modified by any previously approved Minor
Modification, Major Modification, or Variance;
(b) The application is consistent with any previous development approvals related to
the property including but not limited to any approved General Development Plan,
Distinctive Development, Major Land Subdivision Permit, or Minor Land
Subdivision Permit;
(c) The application will mitigate any negative impacts on surrounding properties to
the maximum extent practicable; and
(d) The application is consistent with the Rochester Comprehensive Plan.
4) Timeframe for Decision
a. Where Minnesota law requires that a decision included in this UDC be made within a
designated number of days, the decision-maker shown in Table 500.01-1, Summary
Table of Review Procedures, shall make a decision within that time period.
b. Where an application requests approval of a use or activity involving freedom of
expression or religion protected by the U.S. and Minnesota constitutions, including but

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not limited to applications for approval of an Adult Entertainment use or a Place of

Worship, the decision-maker listed in Table 500.01-1, Summary Table of Review
Procedures, shall make a decision on the application within 60 days, and if the decision
is appealed to an appointed or elected body of the City as shown in Table 500.01-1,
Summary Table of Review Procedures, the appeal shall be heard within 60 days of the
notice of appeal.
c. For purposes of this Subsection 4, a written request or application shall mean a
complete application with all required supporting materials, as determined by the
Community Development Director.
d. The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed six
months from the date of the first hearing on the matter.
5) Phased Development
Where a development is to be constructed in phases, landscape area and usable recreation
area shall be developed during the initial phases or during construction of each phase in
proportion to the number of dwelling units and non-residential floor area included in that
phase relative to the total number of dwelling units and total non-residential floor area,
unless the City has approved a development agreement authorizing alternative timing of
those improvements.
6) Conditions of Approval
As an alternative to denying an application that does not comply with this UDC and related
provisions on the City website, the decision-making body for an application listed in Table
500.01-1, Summary Table of Review Procedures, may condition approval of the application
as follows.
a. All conditions of approval shall be reasonably related to the anticipated impacts of the
proposed use or development or shall be based upon standards duly adopted by the City.
Such conditions may include those necessary to carry out the purpose and intent of the
Comprehensive Plan, other plans adopted by City Council, and this UDC.
b. Any condition of approval that requires an applicant to dedicate land or pay money to a
public entity in an amount that is not calculated according to a formula applicable to a
broad class of applicants shall be roughly proportional both in nature and extent to the
anticipated impacts of the proposed development, as shown through an individualized
determination of impacts.
c. During its consideration, the decision-making body may consider alternative potential
conditions, and no discussion of potential conditions shall be deemed an attempt or
intent to impose any condition that would violate the federal or state constitutions,
statutes, or regulations. Discussions of potential conditions to mitigate impacts do not
reflect actions by the decision-making body unless and until the decision-making body
takes formal action to attach that condition to a development approval.

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7) Financial Assurances
a. Unless otherwise provided in this UDC or another City regulation, if the applicant is
required by this UDC or other City regulation to complete or install any public and private
improvements or amenities, or to comply with continuing obligations to mitigate impacts
of activities approved under this UDC, including but not limited to those related to Sand
or Gravel Excavation, Quarry, or Interim Use Permits related to land alterations, the
applicant may be required to provide financial security to the City to ensure that the City
will have adequate funds on hand to complete the required improvements or amenities
or to bring the operations of the approved structure or activity into compliance with this
UDC or any development permit or approval.
b. Financial security will only be used by the City to complete required public and private
improvements or amenities, or to bring properties into compliance if the applicant fails to
provide those improvements in a timely manner as required by this UDC after written
notice from the City and a reasonable opportunity to remedy the failure to construct or
perform.
c. Any required financial assurances will be released by the City, in whole or in part, only
when the City has confirmed that the remaining financial security is adequate to protect
the City from damage or liability for any remaining obligations to construct or comply.
8) Development Agreements
The City may require an applicant to execute, subject to City Council approval, one or more
development agreements to address the phasing of development, to assign financial,
operations, and management responsibilities over time through infrastructure or service
agreements, to ensure the timely completion of any required on or off site infrastructure or
amenities through financial guarantees or phasing agreements, to identify any public
incentives or agreements between the City and the applicant, and to address any other items
related to the design, execution, or potential impacts of an application under this Section
60.500.030E.8).
9) Findings and Order
The hearing body shall prepare findings of fact and an order that includes:
a. A statement of the applicable criteria and standards against which the proposal was
reviewed;
b. The reasons supporting a conclusion to approve or deny an application with or without
conditions; and
c. The decision to approve or deny the proposed application and any conditions of approval
attached to the decision.
10) Record of Proceedings
a. Minutes of the proceedings before the hearing body shall be prepared by the responsible
party.
b. Testimony shall be transcribed if required for judicial review or if ordered by the hearing
body.

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c. The hearing body shall, where practical, retain as part of the hearing record each item of
physical or documentary evidence presented and shall have the items marked to show
the identity of the person offering the same and whether presented on behalf of a
proponent or opponent. Exhibits received into the record shall be retained by the
Community Development Director until after the applicable appeal period has expired, at
which time, provided they are not required to be retained under the Records Retention
Act (Minn. Stat. § 15.17) the exhibits may be released to the person identified thereon,
or otherwise disposed.
d. The findings and order shall be included in the record.
e. An individual shall have access to the record of the proceedings at reasonable times,
places, and circumstances. An individual shall be entitled to make copies of the record at
the individual’s own expense.
F. Post-Decision Actions and Limitations
1) Notice of Action
a. The Community Development Director shall notify the applicant in writing as to the final
disposition of the application.
b. The notice shall indicate the date when the decision will take effect and shall describe
the right of appeal pursuant to Section 60.500.030F.2) Post-Decision Actions and
Limitations.
c. In the case of zoning certificates, rental housing permits, and sign permits, the
application form may be used to transmit the notice of action.
d. In the case of all other permits required by this UDC, the Community Development
Director shall prepare a written Notice of Action containing findings of fact, and the
conclusions based thereon, along with any conditions imposed upon the issuance of the
permit, and shall send a copy of the notice to the applicant.
2) Appeals
a. Availability and Effect of Appeals
1) Decisions made in the administration of this UDC may be appealed to a higher
administrative body as stated in Table 500.01-1, Summary Table of Review
Procedures.
2) An appeal shall stay all proceedings in furtherance of the action appealed from,
unless the Community Development Director certifies to the appeal body that by
reasons stated in the zoning certificate, a stay would, in their opinion, cause
imminent peril to life or property. In such case, proceedings shall not be stayed
otherwise than by an order of the appeal body or by a restraining order issued by
the District Court of Olmsted County, with notice to the Community Development
Director and for due cause shown.
3) Following the close of the appellate public hearing, the reviewing body may affirm,
reverse, or modify in whole or in part the determination, requirement, or decision
that is under review. When the reviewing body modifies or renders a decision that

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reverses a decision of the Community Development Director or hearing body, the

body must set forth its findings and state its reasons for its action.
4) The reviewing body must, within a reasonable time following the close of the
appellate public hearing, adopt its findings of fact, and conclusions of law and
order. The body must mail a copy of the findings to the applicant and appellant.
b. Who May File an Appeal
1) An applicant aggrieved by a decision may file an appeal within 10 business days of
a decision.
2) The basis for such an appeal may be any alleged error of an official or public body
in making a decision, including failure to make a decision within the prescribed
time limit. A decision means any decision, order, requirement, or interpretation
which the official or body has the power or duty to make under this UDC.
c. Filing an Appeal
1) All appeals shall be in writing on forms available on the City website and
accompanied with the applicable fees as shown on the City website.
2) All applications for an appeal shall contain:
(a) An identification of the decision sought to be reviewed, including the date of the
decision;
(b) Identification of the status of the person seeking review in relation to the
applicant (i.e., applicant, adjacent landowner, owner of record receiving notice, or
basis for being aggrieved); and
(c) The basis for the appeal including, as applicable, the state or federal law, or
specific provisions of this UDC or the Rochester Code of Ordinances that was
violated or not applied.
d. Notice of Appeal Hearing
1) At least 10 days prior to the hearing, the Community Development Director, acting
on behalf of the Appeal body, shall give notice of the time and place of the hearing
to the appellant, and/or the official whose decision is being appealed; and by inter-
office delivery to the following where they are not already an interested party:
(a) The City Attorney; and
(b) Other affected officers and agencies of the City government.
2) If the appeal will consider issuance of a permit, the Community Development
Director shall within the same period of time by mail give notice to an owner of
record for tax purposes or an occupant of each separately owned adjoining
property. Such notices shall advise that an appeal from an administrative officer or
public body is pending and direct further inquiry to the Community Development
Director.

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3) Required notices are for the convenience of adjoining property owners and any
defect or omission therein shall not impair the validity of the public hearing with
respect to any appeal.
e. Conduct of Appeals
1) Appeals to the Zoning Board of Appeals
(a) Types of Applications
The Zoning Board of Appeals shall hear appeals on applications as specified
in Table 500.01-1, Summary Table of Review Procedures, including appeals
of interpretations of this UDC made by the Community Development Director.
(b) Appeal Criteria and Findings
(i) The Zoning Board of Appeals must make appeal decisions based on in its
minutes with respect to the specific appeal, findings of fact, and conclusions
of law, and upon substantial evidence or testimony which is competent,
relevant, and material.
(ii) Unless otherwise provided in this UDC, City Council review of the decision on
appeal shall be based on the record of the proceedings before the original
hearing body, but may be supplemented by additional documents or
testimony related to those records.
(iii) The Zoning Board of Appeals shall base its decision upon the appellate
record. The appellate record shall include:
a. A factual report prepared by the Community Development Director;
b. The evidence submitted by the appellant and any other person to
the Community Development Director and at the appellate public
hearing;
c. All exhibits, materials, pleadings, memoranda, stipulations, and
motions submitted by the appellant and any other person to the
Community Development Director and at the appellate public
hearing; and
(iv) Findings as to the existence or nonexistence of crucial facts shall be based
upon evidence or testimony unless the party or parties before the Zoning
Board of Appeals stipulate the facts or waive these requirements.
(v) The record of every decision of the Zoning Board of Appeals shall also include
the vote, abstention from voting, or absence of each member.

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(vi) The Zoning Board of Appeals may reverse or affirm, in whole or in part, or
modify the order, requirement, decision, or determination appealed from and
shall make any order, requirement, decision, or determination that in its
opinion ought to be made under the circumstances. For this purpose, the
Zoning Board of Appeals has all of the powers of the official from whom the
appeal is taken.
(vii) In rendering a decision with respect to an appeal from any order, decision, or
determination, the Zoning Board of Appeals shall strictly interpret the
language of the UDC in order to determine whether that the Community
Development Director’s decision was correct or in error.
(viii) The Zoning Board of Appeals shall not render any decision that
confers rights or privileges on the appellant that are otherwise not
permissible under the strict interpretation of the language of this UDC.
2) Appeals to the City Council
(a) Types of Applications
The City Council shall hear appeals on applications as specified in Table
500.01-1, Summary Table of Review Procedures.
(b) Appeal Criteria and Findings
(i) Unless otherwise provided in this UDC, City Council review of the decision on
appeal shall be based on the record of the proceedings before the original
hearing body, but may be supplemented by additional documents or
testimony related to those records.
(ii) The City Council shall base its decision upon the appellate record. The
appellate record shall include:
a. A factual report prepared by the Community Development Director;
b. The evidence submitted by the appellant and any other person at the
previous and appellate public hearings;
c. All exhibits, materials, pleadings, memoranda, stipulations, and
motions submitted by the appellant and any other person at the
previous and appellate public hearings; and
d. The transcript of the previous hearing if available or a summary of the
evidence.
(iii) Notice of the public hearing shall be mailed to all property owners entitled to
receive notice under the requirements applicable to the original permit
application.
3) Appeals to District Court
After all appeals have been exhausted, any person or persons aggrieved by a
decision, has the right to appeal, within thirty (30) days of deliver of the decision to
the appellant and applicant, to the District Court.

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3) Validity of UDC Approvals

a. A permit or license issued in conflict with the provision of this UDC shall be null and void
and of no effect. Where a landowner has, in good faith and in reliance upon a permit
issued in error, begun construction, the matter shall be referred to the City Council for
disposition.
b. Permits, certificates, and variances are valid only for the periods shown below. Use,
development, recording, or other filing, as applicable must begin within the validity period
unless otherwise noted:

Table 500.03-2: Expiration of Approvals

Type of Approval Length of Validity
Annexation of Land None

Certificate of Appropriateness – Major Alteration 1 year

Certificate of Appropriateness – Minor Alteration 180 days

Comprehensive Plan and/or Land Use Plan Adoption None

or Amendment
Conditional Use Permit None

Designation or Removal of Landmark Property or None

Landmark District
Final Plat 2 years after approval, following
recording
Floodplain Development Permit 1 year

General Development Plan 2 years

Grading Permit 2 years

Interim Use Permit 1 year

Lot Line Readjustment 180 days

Major Land Subdivision Permit Final Plat must be submitted within 1

year after approval of Permit
Official Street Map Adoption None

Preliminary Plat Final plat must be submitted within 2

years after approval of Preliminary Plat
Public Street Vacation None

Rental Housing Certificate 2 years

Rezoning (Official Zoning Map Amendment) None

Sign Credit 2 years

Sign Permit 180 days

Site Development Plan 1 year

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Table 500.03-2: Expiration of Approvals

Type of Approval Length of Validity
Temporary Permit 90 days

UDC Text Amendment None

Distinctive Development 1 year

Variance None

Zoning Certificate 180 days

NOTES
[1] Construction or use pursuant to the approval must be initiated within this timeframe.

c. The property owner or holder of a permit, certificate, approval or variance under this UDC
that is listed in Table 500-03-1 above may apply for a one-time extension of the validity
period listed in that table. If the Community Development Director determines that the
property owner or holder of the permit or approval is moving diligently to initiate
development under that permit or approval. The Director may approve a one-time
extension of up to one-half the length of the initial validity period.
d. An approved permit, certificate, or approval is assignable in writing to a purchaser,
lessee, or tenant of the property, provided the assignee has agreed to the assignment in
writing, but an assignment does not discharge any prior assignee from any obligation
owed to any local governmental unit in connection with the development, unless the
applicable unit of government consents to the discharge of the obligation.
e. Amendments to the UDC that have been approved by City Council on first reading shall
apply to pending applications, unless the amendment provides otherwise, or unless City
Council determines that the amendment should not apply in a particular case in the
interest of justice.
f. If this UDC is amended to prohibit or change the standards applicable to a development
authorized by a certificate or permit, the permit becomes void by operation of the law on
the effective date of the amendment, unless the ordinance establishing the amendment
provides otherwise or the applicant, in good faith and in reliance upon the permit, within
90 days, began construction subsequent to the issuance of the permit but before
adoption of the amendment.
4) Amendments of UDC Approvals and Permits
Following the approval or approval with conditions of an application under this UDC, the
property owner may apply for amendment of the approval or approval with conditions.
a. Minor Amendments – General
Except as stated in Subsection b, c, or d below, the Community Development Director
has the authority to approve any request for an amendment to an approved development
application or permit that the Director had the authority to approve if it had been
submitted as a request for a Minor Modification pursuant to Section 60.500.070A during
the initial development or permit approval, except that:

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1) The Community Development Director may not modify any condition on a

development approval permit that was added by City Council, the Planning
Commission, or the Heritage Preservation Commission; and
2) The Community Development Director may not modify the existing approval in any
way that would result, when considered in combination with any approved Minor
Modification included in the existing approval, in any UDC standard being modified
to a greater degree than the Director could have initially approved as a Minor
Amendment to the initial development or permit approval.
b. Minor Amendments – General Development Plans
Modifications to a General Development Plan may be reviewed and approved as
described in Section 60.500.060B.3)b.
c. Minor Amendments – Conditional Use Permits
Minor Amendments to Conditional Permit may be reviewed and approved as described in
Section 60.500.050A.5)a.
d. Minor Amendments – Subdivision Permits
If the application is for a minor amendment to an approved Minor Land Subdivision,
Major Land Subdivision Permit, the Community Development Director, in consultation
with the City Engineer, will approve changes to be included in the Final Plat if they
determine that the changes will not:
1) Materially alter the character of the approved permit;
2) Interfere with the intent and purposes of this UDC; or
3) Create undue burdens or impacts on adjacent properties.
e. Major Amendments – General
Except as stated in Subsection f below, any request for an amendment to an approved
development application or permit under this UDC that may not be approved by the
Community Development Director pursuant to Subsection a above may only be approved
by the City official, designated authority, or City Council that approved the initial
development application or permit, using the same procedure used by that official,
designated authority, or City Council to review and approve the initial development
application or permit.
f. Major Amendments – Conditional Use Permits
Minor Amendments to Conditional Permit may be reviewed and approved as described in
Section 60.500.050A.5)b.

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Use Plan Adoption or Amendment

Section 60.500.040 MAJOR DECISIONS BY CITY COUNCIL

A. Comprehensive Plan and/or Land Use Plan Adoption or Amendment
1) Purpose
The purpose of this Section 60.500.040A is to describe the process by which a new
Comprehensive Plan or Land Use Plan for the City can be adopted, which is also the way in
which an adopted Comprehensive Plan or Land Use Plan for the City can be amended, in
compliance with applicable Minnesota state law.
2) Applicability
a. This process is applicable to all actions to adopt a new Comprehensive Plan or Land Use
Plan for the City of Rochester, as well as all actions to amend an existing adopted
Comprehensive Plan or the Land Use Plan element of the Comprehensive Plan.
b. Where an application for a development approval or permit is under consideration, one
criterion for approving that application requires consistency with the Comprehensive Plan
and or Land Use Plan element, and the decision-maker decides that the application is
not consistent with the Comprehensive Plan or the Land Use Plan element, the
development application or permit may not be approved unless and until the
Comprehensive Plan and/or the Land Use Plan is amended to make a finding of
consistency possible.
3) Procedure for Comprehensive Plan and/or
Land Use Plan Adoption or Amendment COMPREHENSIVE PLAN/LAND USE
The adoption of a new Comprehensive Plan or PLAN ADOPTION OR AMENDMENT
Land Use Plan, or amendments to an existing APPROVAL
COMMUNITY
adopted Comprehensive Plan or Land Use DEVELOPMENT
DIRECTOR REVIEW &
Plan shall comply with all applicable RECOMMENDATION
requirements of Section 60.500.030
Common Procedures unless modified or
supplemented by this Section PLANNING
COMMISSION
60.500.040AD.3. REVIEW &
RECOMMENDATION
a. Application, Notice, and Hearing
1) The City Council, by resolution, or
the Planning Commission on its own
motion, or the Community CITY COUNCIL
DECISION
Development Director, may propose
a new Comprehensive Plan or Land
Use Plan for the City.
indicates public hearing
2) Any of the following may propose an
amendment to the Comprehensive
plan:

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(a) The City Council, by resolution,
(b) The Planning Commission, on its own motion,
(c) The Community Development Director,
(d) Any property owner who has filed an application that has been determined to
be inconsistent with the adopted Comprehensive Plan by application.
3) Any proposal for a Comprehensive Plan or Land Use Plan adoption or amendment
shall be scheduled for public hearings before the Planning Commission and City
Council in accordance with Section 60.500.030, Common Procedures.
b. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for a
Comprehensive Plan or Land Use Plan adoption or amendment pursuant to Section
60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the Planning Commission shall, within the time limits
imposed by this UDC, recommend that City Council approve, or deny the proposed
comprehensive plan or comprehensive plan amendment based on the criteria in
Subsection 4 below.
c. City Council Action
1) Upon recommendation of the Planning Commission, or after no less than sixty (60)
days have passed since the Council proposed an amendment by resolution to the
Planning Commission. The City Council shall hold a public hearing on the proposal
for a Comprehensive Plan or Land Use Plan adoption or amendment pursuant to
Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC, approve, or deny the proposed adoption or amendment, based on the criteria
in Subsection 4 below.
3) Unless the amendment is to permit an affordable housing development, it must be
approved by 2/3 of the Council. In the event the amendment is to permit an
affordable housing development, as defined in Minn. Stat. § 462.355, subd. 3, a
simple majority of the Council must approval.
4) The City Council may extend the deadline for a final decision for a reasonable
period of time by written agreement between the applicant and the Community
Development Director, but not to exceed six months from the date of the first
hearing on the matter.
4) Criteria for Comprehensive Plan and/or Land Use Plan Adoption or Amendment
The Planning Commission shall recommend, and City Council may approve, the adoption of a
new Comprehensive Plan or Land Use Plan for the City, or an amendment to an existing
adopted Comprehensive Plan or Land Use Plan for the City, if the City Council determines
that the following criteria are met:

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Use Plan Adoption or Amendment
a. The approval of the new Comprehensive Plan or Land Use Plan, or any amendment to the
Comprehensive Plan or Land Use Plan is in the best interests of the City, and will protect
environment and the health, safety, and welfare of the citizens of the City, and
particularly those of historically marginalized citizens and citizens experiencing disability.
b. The approval of the new Comprehensive Plan or Land Use Plan, or any amendment to the
Comprehensive Plan or Land Use Plan complies with all applicable requirements of
Minnesota state law.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040B: Growth Management Map Major
Amendment
c.
B. Growth Management Map Major Amendment
1) Purpose
The purpose of this Section 60.500.040B is to describe the process by which the adopted
Growth Management Map may be amended from time to time in compliance with applicable
Minnesota state law.
2) Applicability
This process is applicable to all applications to amend the City’s Growth Management Map,
and may be required to be completed before an application for an Official Zoning Map
Amendment or another application under this UDC may be recommended for approval or
approval with conditions.
3) Procedure for Major Amendment of Growth Management Map
a. General
A major growth management AMENDMENT OF GROWTH MANAGEMENT MAP
map amendment is any change
COMMUNITY
to the growth management map DEVELOPMENT DIRECTOR
that involves land area greater REVIEW &
than 5 acres. A major growth RECOMMENDATION
management map amendment
may be initiated by petition of the
PLANNING COMMISSION
property owners or by agents of REVIEW &
the property owners by written RECOMMENDATION
consent of the property owners.
The City shall comply with all
applicable requirements of
Section 60.500.030 Common CITY COUNCIL DECISION
Procedures unless modified or
supplemented by this Section
60.500.040B. indicates public hearing
b. Application, Notice, and Hearing
1) The City Council, the Planning Commission, or the Community Development
Director may file an application to amend the Growth Management Map, and a
property owner may file an application to amend the Growth Management Map as it
relates to their property.
2) The application to amend the Growth Management Map shall be scheduled for
public hearings before the Planning Commission and City Council in accordance
with Section 60.500.030, Common Procedures.
3) Prior to application submittal, the applicant shall request a technical meeting with
the Development Services team to review the development proposal. The

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Development Services team will review major amendments on a case-by-case
basis. Following the technical meeting, a formal predevelopment meeting outlining
the request is required. The amendment may be approved by the Development
Services team provided the development will not adversely affect City infrastructure
including but not limited to storm and sanitary sewer, drinking water, streets, parks,
fire response times, etc. If the project receives formal Development Services
approval, the project can proceed with application submission.
c. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for an
Annexation of Land pursuant to Section 60.500.030C.2), Conduct of Public
Hearing.
2) Following the hearing, the Planning Commission shall, within the time limits
imposed by this UDC, recommend that City Council approve, approve with
conditions, or deny the application, based on the criteria in Subsection 4 below.
d. City Council Action
1) The City Council shall hold a public hearing on the application for major amendment
to the Growth Management Map pursuant to Section 60.500.030C.2), Conduct of
Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC, approve, or deny the application, based on the criteria in Subsection 4 below.
3) A Major Growth Management Map Amendment must be approved by 2/3 of the City
Council.
4) The City Council may extend the deadline for a final decision for a reasonable
period of time by agreement between the applicant and the Community
Development Director, but not to exceed six months from the date of the first
hearing on the matter.
4) Criteria for Major Amendment of the Growth Management Map
The Planning Commission shall recommend, and City Council may approve an amendment to
the Growth Management Map, if the Council determines that the following criteria are met:
a. The proposed GMMA will address a shortage of land designated and
available for a proposed type of land use as evidenced by an objective market analysis
with costs covered by the applicant.
b. A technical assessment of the sewage generation characteristics of proposed
development in combination with assessment of remaining trunkline sewer capacity in
the sanitary sewer subdistrict where the development is proposed should be completed
to determine the availability of capacity and/or the potential scheduling of improvements
to address this potential Adequate Public Facility deficiency.
c. The impact of and cost to municipal utilities and infrastructure, including but not limited
to road and transit infrastructure, sewer, water, and electric infrastructure, parks, etc.

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as a result of the proposed GMMA have been considered and the proposed project will
not adversely effect these infrastructure systems.
d. An assessment of natural features on the proposed site has found that the site is
suitable for urban development.
e. The proposed GMMA will not adversely affect the supply of land designated for the type
of land use the area in question is currently planned for.
f. The proposed Future Land Use Map amendment is consistent with and will help further
the Vision, Principles and Goals of the P2S 2040 Comprehensive Plan and
1) Will not compromise the direction of the plan to create an integrated land
use and transportation vision
2) Will not compromise the strategies identified in the plan to implement the
Primary Transit Network or the anticipated phasing of the PTN identified in
the plan
3) The development characteristics of uses in the proposed land use plan
category as described in Tables 2-8 through 2-12 are compatible with
surrounding land use classifications.
4) The locational characteristics and transportation features of the site are
consistent with the locational and transportation factors described in Tables
2-8 through 2-12 for the proposed land use.
g. The proposed amendment is consistent with community goals and policies as expressed
in the City’s adopted Plans.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040C: Annexation of Land

C. Annexation of Land
1) Purpose
The purpose of this Section 60.500.040B.4)a is to describe the process by which the City will
consider petitions for annexation of land.
2) Applicability
This process is applicable to petitions for annexation land submitted or signed by a majority
of the landowners within such area. Procedure for Annexation of Land by Ordinance following
receipt of a petition.
3) Procedure for Annexation of Land
a. Amendments to the boundaries of corporate
and extraterritorial limits shall be adopted as
provided by Minnesota state statute, and
approved annexations shall be entered on
the zoning map in the same manner as
amendments to the zoning district
boundaries.
b. The procedure to include new lands into the
municipal boundaries of the City shall comply
with all applicable requirements of Section
60.500.030 Common Procedures unless
modified or supplemented by this Section
60.500.040B.4)a.
c. Petition Submission, Notice, and Hearing
1) Property owners may submit a petition
for an Annexation of Land by Ordinance as authorized by Minnesota state law.
2) The application for Annexation of Land shall be scheduled for public hearings
before the Planning Commission and City Council in accordance with Section
60.500.030, Common Procedures. Upon receipt of a petition, the Community
Development Director will verify the following:
(a) That a majority of the property owners of such land proposed to be Annexed
have signed the Petition;
(b) That, within 10 days of submitting the petition to the City, the Petitioners
have filed copies of the petition with the Chief Administrative Law Judge, the
town board, the county board, and the municipal council of any other
municipality which borders the land to be annexed;
3) If no objections to the Petition for Annexation of Land by Ordinance are received,
the Petition for for Annexation of Land by Ordinance shall be scheduled for public

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hearings before the Planning Commission in accordance with Section 60.500.030,

Common Procedures.
4) Following the Planning Commission hearing, the matter shall be scheduled for
public hearings before the City Council for an annexation ordinance in accordance
with Section 60.500.030 Common Procedures; except that at least 30 days’ written
notice by certified mail will be provided to the town or towns affected by the
proposed Annexation of Land By Ordinance and to all landowners within and
contiguous to the area to be annexed.
d. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for an
Annexation of Land pursuant to Section 60.500.030C.2), Conduct of Public
Hearing.
2) Following the hearing, the Planning Commission shall, within the time limits
imposed by this UDC, recommend that City Council approve, approve with
conditions, or deny the application, based on the criteria in Subsection 4 below.
e. City Council Action
1) The City Council shall hold a public hearing on the application for an Annexation of
Land pursuant to Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC, approve, approve with conditions, or deny the application, based on the
criteria in Subsection 4 below.
3) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
4) Criteria for Annexation of Land Approval
The Planning Commission shall recommend, and City Council may approve an Annexation of
Land, if it determines that the following criteria are met:
a. The Annexation of Land is consistent with the adopted Comprehensive Plan regarding
areas for future growth and development of the City;
b. The proposed Annexation of Land is able to be served by existing City infrastructure and
services, or through future expansions of infrastructure and services included in
approved City plans or policies, or the applicant has agreed to pay for required
expansions of City infrastructure and services on terms acceptable to the City.
c. The property proposed for the annexation is now or is about to become urban or
suburban in character; and
d. The Annexation of Land complies with all applicable provisions of Minnesota state law.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040D: UDC Text Amendment

D. UDC Text Amendment

1) Purpose
The UDC text amendment process describes the review and approval procedures for
amending the text of this UDC to respond to changed conditions or changes in public policy,
or to advance the general welfare of the City. These amendments do not include rezoning.
2) Applicability
The provisions of the UDC may periodically be amended or repealed. An amendment to the
text of this UDC may only be initiated by the Community Development Director, Planning
Commission, or City Council, or by a property owner if required by Minnesota law.
3) Procedure for UDC Text Amendment Approval
Amendments shall comply with all
UDC TEXT AMENDMENT APPROVAL
applicable requirements of Section
60.500.030 Common Procedures unless
COMMUNITY DEVELOPMENT
modified or supplemented by this Section DIRECTOR REVIEW &
60.500.040D.3. RECOMMENDATION
a. Initiation of Amendment
Amendments to the UDC may be PLANNING COMMISSION
initiated by: REVIEW &
RECOMMENDATION
1) The Community Development
Director, Planning Commission, or
City Council;
CITY COUNCIL DECISION
2) If the City Council initiates the
amendment, it shall instruct the
City Attorney to prepare an indicates public hearing
ordinance for subsequent
adoption by the City Council within 60 days of the final Planning Commission
recommendation on the application. A request that the City Attorney prepare an
ordinance shall not bind the City Council to subsequently approve any ordinance
prepared relative to the zone change application.
3) Any individual suggesting to the City Council or the Planning Commission that it
initiate the amendment on its own motion. Suggestions are entitled to
consideration at the discretion of the City Council and/or Planning Commission.
b. Notice and Hearing
1) For all application for or a proposal to consider for a UDC text amendment notice
shall be provided by publication in a newspaper of general circulation at least 10
days before the date of the hearing scheduled by the Community Development
Director.

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2) In addition, written notice of any proposed amendment to the FPO district

boundaries or the boundaries of Flood Fringe (FF), Floodway (FW), or Flood Prone
(FP) subdistricts within the FPO district, together with the text of the proposed
amendment and any supporting technical studies, shall be sent to the Minnesota
Commissioner of Natural Resources so that the Commissioner receives notice at
least 10 days before each public hearing.
c. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for a UDC
Text Amendment pursuant to Section 60.500.030C.2), Conduct of Public Hearing to
make a recommendation regarding whether the UDC should be amended.
2) Following the hearing, the Planning Commission shall, within the time limits
imposed by this UDC, recommend that City Council approve, amend and approve,
or deny the application, based on the criteria in Subsection 4 below.
d. City Council Action
1) Upon recommendation of the Planning Commission, or after no less than sixty (60)
days have passed since the Council proposed an amendment by resolution to the
Planning Commission, the City Council shall follow the hearing requirements of the
City Charter Section 6.06 act on the application for UDC Text Amendment pursuant
to Section 60.500.030C.2), Conduct of Public Hearing.
2) The City Council shall, within the time limits imposed by this UDC, and based on the
criteria in Subsection 4 below, amend the UDC as proposed, adopt a different
amendment, or deny the application to amend. In the event of a denial, the Council
will adopt written findings for decision not to adopt.
3) The Council may extend the deadline for a final decision for a reasonable period of
time by written agreement between the applicant and the Community Development
Director, but not to exceed six months from the date of the first hearing on the
matter.
4) Criteria for UDC Text Amendment Approval
The Planning Commission shall recommend, and City Council may approve, an amendment
to the text of this UDC if it determines that the following criteria are met:
a. General
1) There is a public need for the amendment;
2) The amendment accomplishes one or more of the purposes of this UDC, the
Comprehensive Plan, or other adopted City plans or policies; and
3) Adoption of the amendment will be lawful.

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b. Amendments to FPO District or Flood Protection Regulations

In addition, if the application includes changes to the FPO District or any standard,
criteria, or other regulation of this UDC related to the protection of the public from flood
risks, the following criteria shall apply:
1) The proposed change complies with the Federal Emergency Management Agency’s
(FEMA) Technical Conditions and Criteria and has been approved in writing by
FEMA; and
2) The proposed change has been submitted to and approved by the Minnesota
Commissioner of Natural Resources.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040E: Rezoning (Official Zoning Map
Amendment)

E. Rezoning (Official Zoning Map Amendment)

1) Purpose
The Rezoning (Official Zoning Map Amendment) procedure is intended to provide a
mechanism for the City to consider an application for the rezoning of real property within the
jurisdictional area of the City and to ensure that the statutory requirements established in
Minnesota law for the zoning of real property are met.
2) Applicability
a. The City Council may amend the boundaries of zoning districts established on the Official
Zoning Map, except for the HPO – Heritage Preservation Overlay district, as stated in this
Section 60.500.040E
b. The City Council may amend the boundaries of the HPO – Heritage Preservation Overlay
as stated in Section 60.500.040FE Designation or Removal of Landmark Property or
Landmark District.
c. Zoning of land in the process of annexation may be done in conjunction with the
Annexation of Land proceedings, but shall be subject to the procedure and notice
requirements of this Section 60.500.040E. The proposed zoning ordinance shall not be
passed on final reading prior to the date when the annexation ordinance is passed on
final reading but the ordinance annexing the property can also zone the property.
1) If the City initiates the Annexation of Land and the land use plan shows that the
future use of the property is low density residential and other provisions of this
Section do not require another designation, the land will be zoned R-2.
2) If the City initiates the Annexation of Land and the future land use plan shows that
the future use of the property is something other than low density residential, the
land will be zoned H with a hearing to be held within 60 days after annexation.
3) If the landowner initiates the Annexation of Land, the landowner shall identify the
zoning district for the property at the time of annexation. For any lands designated
as low density residential on the future land use map, the landowner shall request
R-2 zoning.
d. Property designated on the adopted Flood Insurance Rate Maps for Olmsted County,
Minnesota and Incorporated Areas effective April 19, 2017, and any amendments
thereto.
e. Within 30 days after the effective date of an Annexation of Land that was adopted
without designating a zoning district, or within six months after the passage of a joint
resolution designating an area in need of orderly annexation, the Community
Development Director shall prepare a report for the Planning Commission examining the
existing pattern of development in the area, the character of the property, and the land
use plan recommendation for the area, and shall include a recommendation on suitable
zoning designation for the property. If the City Council finds it is important to the

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protection or implementation of City policies, interim regulations may be applied to the
annexed area until more permanent action can be taken.
3) Procedure for Rezoning
Applications for amendments to the
Official Zoning Map Amendments REZONING APPROVAL
shall comply with all applicable (OFFICIAL ZONING MAP AMENDMENT)
requirements of Section 60.500.030
Common Procedures unless modified COMMUNITY DEVELOPMENT
or supplemented by this Section DIRECTOR REVIEW &
RECOMMENDATION
60.500.040E.3). If a General
Development Plan is required
pursuant to Section 60.500.060B, PLANNING COMMISSION
the General Development Plan shall REVIEW &
have been approved by City Council RECOMMENDATION
prior to or concurrently with action on
the application for Rezoning.
a. Initiation of Amendment CITY COUNCIL DECISION
Amendments to the Official
Zoning Map may be initiated by:
indicates public hearing
1) The Community
Development Director, Planning Commission, or City Council;
2) If the City Council initiates the amendment, it shall instruct the City Attorney to
prepare an ordinance for subsequent adoption by the City Council within 60 days of
the final Planning Commission recommendation on the application. A request that
the City Attorney prepare an ordinance shall not bind the City Council to
subsequently approve any ordinance prepared relative to the zone change
application.
3) Any property owner formally requesting City Council to grant an amendment to the
Official Zoning Map for land for which they are the property owner; or
4) Any individual suggesting to the City Council or the Planning Commission that it
initiate an amendment on its own motion. Suggestions are entitled to consideration
at the discretion of the City Council and/or Planning Commission.
b. Notice and Hearing
1) For all Official Zoning Map amendments, notice shall be provided by publication in
a newspaper of general circulation at least 10 days before the date of the hearing
scheduled by the Community Development Director.
2) In addition, for any amendment to the Official Zoning Map mailed notice shall be
sent to all owners of land situated wholly or partly within 350 feet of the outer
perimeter of the subject property. Where the Official Zoning Map is to be changed

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or amended incidental or as part of a general revision to this UDC, whether such
revision is made by repeal of the existing UDC and enactment of a new ordinance,
or otherwise, notice of mail shall not be required.
3) In addition, written notice of any proposed amendment to the FPO district
boundaries or the boundaries of Flood Fringe (FF), Floodway (FW), or Flood Prone
(FP) subdistricts within the FPO district, together with the text of the proposed
amendment and any supporting technical studies, shall be sent to the Minnesota
Commissioner of Natural Resources so that the Commissioner receives notice at
least 10 days before each public hearing.
c. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for
Rezoning pursuant to Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the Planning Commission shall, within the time limits
imposed by this UDC, recommend that the City Council approve or deny the
application, the Criteria in Subsection 4 below.
d. City Council Action
1) Upon recommendation of the Planning Commission, or after no less than sixty (60)
days have passed since the Council proposed an amendment by resolution to the
Planning Commission, the City Council shall follow the requirements of the City
Charter Section 6.06 on the application for rezoning pursuant to Section
60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing(s), the City Council shall, within the time limits imposed by
this UDC and based on the criteria in Subsection 4 below, amend the ordinance or
findings for decision not to rezone.
3) Any determination by the City Council shall be supported by findings based on the
criteria in Section 60.500.040E.4) and these findings shall be reflected in the
minutes of the City Council proceedings.
4) In the event the rezoning is from residential to non-residential or central
development core, the amendment must be approved by 2/3 of the Council.
5) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
4) Criteria for Rezoning Approval
a. General
If the application is for any amendment to the zoning map other than an amendment of
FPO district boundaries or the boundaries of Flood Fringe (FF), Floodway (FW), or Flood
Prone (FP) subdistricts within the FPO district, the Planning Commission shall

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recommend for approval, and the City Council may approve a rezoning request if
determines that the following criteria are met:
1) The amendment must satisfy all of the following criteria:
(a) The permitted uses allowed within the proposed zoning district will be
appropriate on the subject property and compatible with adjacent properties and
the neighborhood; and
(b) The proposed amendment does not involve spot zoning.
2) In addition to the requirements in Section 60.500.040E.4)a.1), the amendment
must satisfy at least one of the following criteria:
(a) The area, as presently zoned, is inconsistent with the policies and goals of the
Comprehensive Plan;
(b) The area was originally zoned erroneously due to a technical or administrative
error;
(c) While both the present and proposed zoning districts are consistent with the
Comprehensive Plan, the proposed district better aligns with the policies and
goals of the Comprehensive Plan or other adopted City plans or policies, as
determined by City Council;
(d) The area has changed or is changing to such a degree that it is in the public
interest to rezone to encourage development or redevelopment of the area
consistent with the policies and goals of the Comprehensive Plan; or
(e) The area includes lands identified as Decorah Edge and the amendment would
provide for beneficial development that maintains typical urban density while
preserving habitat and protecting processes that maintain groundwater quality
and quantity.
(f) The area includes lands identified on adopted City plans as an important natural
or historic resource, and the amendment would provide for beneficial
development that would protect those resources.
b. Amendment of FPO District Boundaries or Internal Designations
If the application is for an amendment of FPO district boundaries or the boundaries of
Flood Fringe (FF), Floodway (FW), or Flood Prone (FP) subdistricts within the FPO district,
the following criteria shall apply instead of those in Subsection a above. The floodplain
designation shall not be revised or removed from floodplain areas unless:
1) The proposed change complies with the Federal Emergency Management Agency’s
(FEMA) Technical Conditions and Criteria and has been approved in writing by
FEMA; and
2) The proposed change has been submitted to and approved by the Minnesota
Commissioner of Natural Resources; and

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3) The applicant demonstrates that:
(a) The designation is in error; or
(b) The area has been filled to or above the elevation of the regional flood and is
contiguous to lands outside the floodplain; or
(c) The Minnesota Commissioner of Natural Resources has approved in writing a
special exception to Subsections 2(a) and 2(b) based on the Commissioner’s
determination that the lands are adequately protected for the intended use
through other measures.
4) All amendments to the floodplain provisions of this zoning code, including
amendments to the official zoning map, must be submitted to and approved by the
Minnesota Commissioner of Natural Resources prior to adoption.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040F: Designation or Removal of
Landmark Property or Landmark District

F. Designation or Removal of Landmark Property or Landmark District

1) Purpose
This process is intended to implement the provisions of Section 60.200.040C HPO –
Heritage Preservation Overlay by enabling the City to designate historic landmark structures
and districts.
2) Applicability
This Section 60.500.040F applies to all applications to designate a landmark property or
district in the City.
3) Procedure for Designation or Removal of Landmark Property or Landmark District
Applications for Designation or
Removal of Landmark Property or DESIGNATION OR REMOVAL OF LANDMARK
Landmark District shall comply PROPERTY OR LANDMARK DISTRICT
with all applicable requirements
of Section 60.500.030 Common
Procedures unless modified or COMMUNITY DEVELOPMENT
DIRECTOR REVIEW &
supplemented by this Section RECOMMENDATION
60.500.040FE.
a. Initiation of Amendment
1) The property owner, the HERITAGE PRESERVATION
Commission, the Mayor, COMMISSION REVIEW &
or the City Council, may RECOMMENDATION
initiate a landmark
designation.
2) An application for a
landmark property or CITY COUNCIL DECISION
landmark district
designation shall be
submitted to the state indicates public hearing
historic preservation
office of the Minnesota
Historical Society for a 60-day review period. The state historic preservation office’s
nonbinding comments shall be sent to the commission for its review.
b. Notice and Hearing
The application shall be scheduled for public hearings before the Heritage Preservation
Commission and City Council in accordance with Section 60.500.030, Common
Procedures.

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c. Heritage Preservation Commission Hearing and Recommendation
1) The Heritage Preservation Commission shall hold a public hearing on the
application pursuant to Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the Heritage Preservation Commission shall, within the time
limits imposed by this UDC, recommend that the City Council approve or deny the
application, based on the criteria in Subsection 4 below.
d. City Council Hearing and Decision
1) Upon recommendation of the Heritage Preservation Commission, the City Council
shall follow the requirements of the City Charter Section 6.06 on the application to
section 60.500.030C.2, Conduct of Public Hearing.
2) Following the hearing(s), the City Council shall, within the time limits imposed by
this UDC and based on the criteria in Subsection 4 below, amend the ordinance or
deny the application. In the event of a denial, the Council will adopt written findings
for decision not to Rezone.
3) Any determination by the City Council shall be supported by findings based on the
criteria in Section 60.500.040F.4) and these findings shall be reflected in the
minutes of the City Council proceedings.
4) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
e. Post-Approval Actions
1) Properties designated as landmarks shall be added to the official list and shown on
a map as landmarks in the HPO overlay district. This designation shall not change
or modify the underlying zone classification.
2) The City Clerk shall record with real estate records of the county a certified copy of
the ordinance designating the property including its legal description.
4) Criteria for Designation or Removal of Landmark Property or Landmark District
a. Criteria for Designation
If the application is for designation of a landmark property or landmark district, the
Heritage Preservation Commission shall make its recommendation, and the City Council
shall make its decision, pursuant to the criteria in Section 60.200.040C.5) Evaluation
Criteria for Landmark Designation.
b. Criteria for Removal
If the application is for removal of a landmark property or landmark district designation,
the Heritage Preservation Commission shall make its recommendation, and the City
Council shall make its decision, pursuant to the following standards. Landmark
designation may be removed from a property based on reconsideration of historic
significance, historic integrity, or economic hardship.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040F: Designation or Removal of
Landmark Property or Landmark District
1) Reconsideration of Historic Significance
(a) Removal of a landmark property designation shall be approved if an application
demonstrates that the property no longer meets any of the criteria stated in
Section 60.200.040C.5), Evaluation Criteria for Landmark Designation.
(b) Removal of a landmark district designation from all or part of a landmark district
shall be approved if an application demonstrates that the property or properties
proposed for removal.
(i) No longer meets any of the criteria in Section 60.200.040C.5), Evaluation
Criteria for Landmark Designation; or
(ii) The properties are no longer united or linked by their interrelationship, by
plan or physical development, aesthetically or through past events; or
(iii) The majority of the properties in the area proposed for removal no longer
possess a concentration of identified historically significant resources.
2) Reconsideration of Historic Integrity
Removal of a landmark property or part or all of a landmark district designation shall
be approved if the application demonstrates that the historic integrity of the
properties proposed for removal is no longer intact or sufficient to warrant
designation, based on their location, design, setting, materials, workmanship, feeling,
and association.
3) Economic Hardship
Removal of a landmark property or part or all of a landmark district designation shall
be approved if an application demonstrates that the property or properties proposed
for removal are burdened by an economic hardship and cannot earn a reasonable
economic return, as evidenced by the following information:
(a) Current level of economic return, including:
(i) Amount paid for the property, date of purchase, party from whom purchased,
and any relationship between the owner of record, the applicant, and person
from whom the property was purchased;
(ii) Amount owed on the property and annual debt services payments;
(iii) Current value of the property, as evidenced by the current assessed value of
the property for tax purposes, value from any appraisal performed within the
previous two years, and documentation of any local, state, and federal taxes
paid upon the property or value assigned to the property for purposes of tax
deductions, tax credits, or depreciation over the previous four years; and
(iv) Annual gross and net income from the property and for the previous three
years, itemized operating and maintenance expenses for the previous three
years, and depreciation deduction and annual cash flow before and after
debt service, if any, during the same period.

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(b) Current use of the property and feasibility of alternative uses for the property that
could earn a reasonable economic return. Assessment of feasibility shall be
based on:
(i) Report from a qualified architect or structural engineer as to the structural
soundness of any building on the property and its suitability for rehabilitation.
(ii) Cost estimates for the proposed construction, alteration, demolition, or
removal, and an estimate of any additional costs that would be incurred to
comply with the requirements for rehabilitation.
(iii) Expert testimony or opinion on the feasibility of rehabilitation or reuse of the
existing structure by an architect who meets professional qualifications
established by the standards.
(c) Estimated market value of the property in each of the following conditions, as
evidence by any appraisal performed in the last two years; any listing of all or a
portion of the property for sale, lease, rental, or occupancy during the last two
years; or other relevant reports or information:
(i) In its current condition;
(ii) After completion of the proposed alteration or demolition; and
(iii) After renovation of the existing property for continued use.
(d) Any additional data that supports the claim of economic hardship.
(e) A determination of economic hardship will not be granted to a property owner
who has engaged in demolition by neglect. A property owner shall provide proof
of having conducted routine maintenance and any necessary major repairs on a
designated property to support its continued preservation, and demonstrate that
demolition by neglect is not the cause the economic hardship request.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040G: Major Land Subdivision Permit

G. Major Land Subdivision Permit

1) Purpose
a. The Major Land Subdivision Permit process is intended to ensure that the creation of
new developable lots within the City comply with all applicable requirements of state law,
this UDC, and all applicable City and other government regulations related to
transportation, utilities, protection of sensitive lands, and the provision of public services,
and are consistent with the adopted Rochester Comprehensive Plan.
b. A Major Land Subdivision Permit is the initial document authorizing the creation of a
major subdivision of land and is recognized as the preliminary subdivision plat under
Minnesota state law. A Final Plat approval pursuant to Section 60.500.040H will also be
required before land subdivision activity can proceed.
2) Applicability
a. This Section 60.500.040G applies to all activities that will create five or more new
developable lots or parcels which are 2 ½ acres or less in size, or that creates a new
vertical subdivision, or that is otherwise defined as a Subdivision of Land by the state of
Minnesota or City ordinance, except for:
1) Those activities exempt from regulation by Minnesota Statute Chapter 462;
2) Those activities exempt from these regulations by the Community Development
Director because all of the proposed lots front on a platted or dedicated street right-
of-way and for which no major changes to the right-of-way are proposed.
3) Those activities related to land or lots that are eligible for approval as a Lot Line
Readjustment pursuant to Section 60.500.060J; and
4) Those divisions of land that are eligible for approval as a Minor Land Subdivision
Permit pursuant to Section 60.500.060GF.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040G: Major Land Subdivision Permit

3) Procedure for Major Land Subdivision Permit Approval

Applications for a Major Land Subdivision MAJOR LAND SUBDIVISION
Permit shall comply with all applicable PERMIT APPROVAL
requirements of Section 60.500.030
Common Procedures unless modified or
COMMUNITY DEVELOPMENT
supplemented by this Section 60.500.040G. DIRECTOR REVIEW &
If a General Development Plan is required RECOMMENDATION
pursuant to Section 60.500.060B, the
General Development Plan shall have been
approved by City Council prior to or PLANNING COMMISSION
REVIEW &
concurrently with action on the application RECOMMENDATION
for Major Land Subdivision Permit.
a. Notice and Hearing
The application for a Major Land CITY COUNCIL DECISION
Subdivision Permit shall be scheduled
for a public hearing before City Council
in accordance with Section 60.500.030, indicates public hearing
Common Procedures.
b. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend
that the City Council approve, approve with conditions, or deny the application, based on
the Criteria in Subsection 4 below.
c. City Council Action
1) The City Council shall hold a public hearing on the application for a Major Land
Subdivision Permit pursuant to Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC, approve, approve with conditions, or deny the application based on the
criteria in Subsection d below.
3) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
d. Final Plat and Grading Permit Required
1) After approval of a Major Land Subdivision Permit, an approved Grading Permit, as
described in Section 60.500.060I shall accompany the submittal of the Final Plat
for the property.
2) No land development activity other than grading may take place on the property
prior to Final Plat approval pursuant to Section 60.500.040H.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040G: Major Land Subdivision Permit

e. Approval of Construction Plans

After approval of a Major Land Subdivision Permit, the applicant shall have prepared, by
a professional engineer, registered in the state of Minnesota, construction plans,
consisting of complete construction drawings and specifications of all easements,
streets, traffic control devices, sanitary sewers, storm water facilities, water system
facilities, sidewalks and other improvements required by this UDC. Construction plans
shall be submitted to the City Engineer for review and approval, and must be consistent
with the engineering standards adopted by Public Works in conjunction with the
development of subdivisions.
f. Phased Development
1) An approved Major Land Subdivision Permit shall enable a landowner to proceed to
a Final Plat any time within a two-year period. The Council may approve a phasing
plan, extending the effective period of the land subdivision permit up to 10 years, in
situations where the landowner intends to develop discrete portions of the site
successively, rather than the whole site at one time. Phased development
proposals require the landowner to enter into a development agreement with the
City.
2) If a development agreement does not extend the two year period, if more than two
years have passed since approval of a Major Land Subdivision Permit, changes to
the Final Plat may be required where a change in the comprehensive plan or this
UDC or related regulations have occurred that affect the compliance of the
approved Permit with such documents. The applicant may make the necessary
changes and proceed to Final Plat, or may choose to resubmit the Major Land
Subdivision Permit application for review pursuant to this Section 60.500.040G.
4) Criteria for Major Land Subdivision Permit Approval
The Planning Commission shall recommend, and City Council shall approve, a Major Land
Subdivision Permit, if it determines that the following criteria are met:
a. The proposed land subdivision is consistent with the adopted Comprehensive Plan.
b. The proposed land subdivision conforms to all standards in this UDC, unless a Minor
Modification, Major Modification, or Variance for any deviation from the standards in this
UDC has been approved pursuant to this UDC.
c. The proposed land subdivision permit is consistent with any approved and applicable
General Development Plan, Conditional Use Permit, and/or Traffic Impact Study.
d. The proposed land subdivision will not result in a violation of federal or state law or city or
county ordinance.
e. The proposed water system and sanitary sewer system are adequate to serve the normal
and fire protection demands of proposed development and to provide for the efficient
and timely extension to serve future development.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040G: Major Land Subdivision Permit

f. The plan for soil erosion and stormwater management meets the adopted standards of
the City of Rochester and is consistent with the adopted Stormwater Management Plan
or adopted drainage or stormwater policies.
g. The vehicular, pedestrian, transit and non-motorized system is consistent with adopted
transportation plans and is consistent with the street layout standards listed in Section
60.400.040C Subdivision Level Connectivity and Circulation and applicable traffic
service standards.
h. The soils, topography and water tables have been adequately studied to ensure that all
lots are developable for their designated purposes.
i. The proposed subdivision will not have off-site impacts on the street, drainage, water, or
wastewater systems that exceed adopted standards.
j. The lot and block layout provide for safe and convenient pedestrian, non-motorized
vehicle, transit, vehicular, service and emergency access, efficient utility service
connections, and adequate buildable area in each lot for planned uses.
k. The proposed subdivision has taken into account the current six-year and other Long-
Range Capital Improvements Programs and the elements listed in those programs in the
design of the subdivision.
l. The proposed subdivision will not have adverse impacts on the safety or viability of
permitted uses on, or the efficient continued development of, adjacent properties.
m. Rights-of-way and easements of adequate size and dimension are provided for the
purpose of constructing the street, utility, and drainage facilities needed to serve the
development.
n. The proposed parks, trail thoroughfares, and open space dedications are consistent with
adopted plans, policies, and regulations.
o. If located in a residential zoning district, the subdivision addresses the need to avoid
spillover parking from subdivision residents into surrounding residential districts.
p. For any land located within the Special Flood Hazard Area of the FPO – Floodplain
Overlay:
1) The proposed subdivision adequately mitigates the risks of flooding, inadequate
drainage, soil and rock formations with severe limitations for development, severe
erosion potential, or any other floodplain related risks to the health, safety, or
welfare of the future residents of the proposed subdivision in a manner consistent
with this ordinance;
2) Each lot contains a potential building site located outside of the Floodway District at
or above the regulatory flood protection elevation;
3) Adequate drainage is provided to reduce exposure of flood hazard;
4) For all subdivisions containing land within the Floodway and/or Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of
all access roads are clearly labeled on all required subdivision drawings and
platting documents;

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5) The subdivision provides road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation;
and
6) All public utilities and facilities, such as sewer, gas, electrical, and water systems,
are located and constructed to minimize or eliminate flood damage.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040H: Final Plat

H. Final Plat
1) Purpose
The Final Plat process is intended to ensure that all aspects of a Major Land Subdivision
Permit approved or approved with conditions pursuant to this UDC is accurately documented
and recorded in the public land records through the preparation of a subdivision plat meeting
the requirements of Minnesota law.
2) Applicability
The Final Plat process applies to all lands that are the subject of a Major or Minor Land
Subdivision Permit that has been approved or approved with conditions, and must be
completed before a Zoning Certificate for any activity on the lots shown in those Permits may
occur.
3) Procedure for Final Plat Approval
a. Applications for a Final Plat shall
comply with all applicable
requirements of Section 60.500.030
Common Procedures unless modified
or supplemented by this Section
60.500.040HG.
b. The Community Development Director
shall approve, approve with
conditions, or deny an application for a
Final Plat approval based on the
criteria in Subsection 4 below.
c. Phased Development
Where a final plat for phased
development is subject to a development agreement with the City, phasing will be
allowed up to six years for two phases, eight years for three phases and ten years for four
phases.
4) Criteria for Final Plat Approval
The application shall be approved or approved with conditions, and the applicant authorized
to record the Final Plat, if the Community Development Director determines that the plat
complies with all applicable provisions of this UDC and Minnesota law and accurately reflects
all changes required by the City during the Major Land Subdivision Permit process.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040I: Official Map Adoption

I. Official Map Adoption

This Section 60.500.040I implements Minnesota Statute 462.359. In case of conflict between
the provisions of this Section and the statute, the statute will apply.
1) Purpose
The Official Map Adoption process is intended to clarify how the map designating the
locations, names, and details of public streets in the City may be adopted, in conformance
with Minnesota state law.
2) Applicability
This Section 60.500.040I shall apply whenever the City Council determines that any aspect
of the Official Map should be updated, and whenever an update of that map is required by
Minnesota Law.
3) Procedure for Official Map Adoption
Applications for adoption or amendment
OFFICIAL MAP APPROVAL
of the Official Map shall comply with all
applicable requirements of Section
60.500.030 Common Procedures unless
modified or supplemented by this
Section 60.500.040I.
a. Application, Notice, and Hearing
1) An application for adoption or
amendment of the Official Map
may be filed by the Community
Development Director, City
Engineer, Planning
Commission, or City Council.
2) The application for adoption or
amendment of the Official Map
shall be scheduled for public
hearings before the Planning
Commission and City Council in accordance with Section 60.500.030, Common
Procedures.
b. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend
that the City Council amend the official map, or deny the application, based on the
Criteria in Subsection 4 below.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040I: Official Map Adoption

c. City Council Action

1) The City Council shall hold a public hearing on the application for adoption of
amendment of the Official Street Map pursuant to Section 60.500.030C.2),
Conduct of Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC and based on the criteria in Subsection 4 below, amend the official map or
deny the application to amend. In the event of a denial, the Council will adopt
written findings for decision not to adopt.
3) The final decision may be extended for a reasonable period of time by written
agreement between the applicant and the Community Development Director, but
not to exceed six months from the date of the first hearing on the matter
4) Criteria for Official Map Adoption Approval
The Planning Commission shall recommend, and the City Council shall approve, the
application for adoption of an Official Map if it determines that the following criteria are met:
a. The lands designated on the Map are needed for future street and highway purposes;
and
b. The Map meets all applicable requirements of Minnesota state law.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040J: Public Street or Easement Vacation

J. Public Street or Easement Vacation

1) Purpose
The purpose of this Section 60.500.040JI is to clarify the process for vacating dedicated
public right-of-way.
2) Applicability
This process applies to all applications to vacate a public street or easement or right-of-way.
If does not apply to requests to vacate private easements within or outside of a public street
or public right-of-way that do not affect the designation or City or public ownership of the
surface of the street or right-of-way or its use for public travel, circulation, or mobility, which
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3) Procedure for Public Street or Easement Vacation Adoption
Applications to vacate a public street or PUBLIC STREET OR EASEMENT
easement shall comply with all applicable VACATION APPROVAL
requirements of Section 60.500.030
Common Procedures unless modified or
supplemented by this Section
60.500.040JI.
a. Application, Notice, and Hearing
1) An application for a Public Street
or easement Vacation may be
filed by the Community
Development Director, City
Engineer, Planning Commission,
City Council or by petition by
owners of at least 50% of the
land abutting the public street or
easement.
2) The application for Public Street
or easement Vacation shall be scheduled for a public hearing before City Council in
accordance with Section 60.500.030, Common Procedures.
b. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend
that the City Council approve, approve with conditions, or deny the application, based
on the Criteria in Subsection 4 below.
c. City Council Action
1) The City Council shall hold a public hearing on the application for Public Street
Vacation pursuant to Section 60.500.030C.2), Conduct of Public Hearing.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040K: Criteria for Public Street Vacation
Approval
2) Following the hearing, the City Council shall, by at least 5 votes of the Council,
within the time limits imposed by this UDC, approve, approve with conditions, or
deny the application based on the criteria in Subsection d below.
3) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
K. Criteria for Public Street Vacation Approval
1) The Planning Commission shall recommend, and the City Council shall approve, or approve
with conditions, the Public Street Vacation if it determines that the application complies with the
following criteria:
a. The vacation of the public street is in the public interest and will confer a public
benefit on the City;
b. The vacation of the public street will not deny legally required public access to any lot
or parcel.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040L: Distinctive Development

L. Distinctive Development
1) Purpose
The purpose of the Distinctive Development procedure is to allow landowners to propose
certain types of development that cannot be accomplished through other zoning districts and
procedures in this UDC provided that those developments provide to the City benefits equal
to or greater than what the City would achieve if the Distinctive Development procedure were
not used. The Distinctive Development procedure may not be used simply to obtain relief
from otherwise applicable standards in Section 60.300.030, Use-Specific Standards, or to
obtain relief from otherwise applicable standards in Chapter 60.400, Development
Standards, and Incentives that could have been granted pursuant to Section 60.400.120.
2) Applicability
The City may accept an application for Distinctive Development approval if the proposed
development cannot be accomplished through any combination of the base and overlay
zoning districts in this UDC with any adjustments to UDC standards permitted pursuant to
Section 60.500.070, Flexibility and Relief, or by providing the benefits required for certain
types of flexibility pursuant to Section 60.400.120 Incentives. Prior to submittal of a
Distinctive Development application, a zone change to the most applicable zoning district
shall be reviewed and approved by City Council.
3) Procedure for Distinctive Development Approval
Applications for Distinctive Development
shall comply with all applicable requirements
of Section 60.500.030 Common Procedures
unless modified or supplemented by this
Section 60.500.040LJ.
a. Application
1) The application may include any
use or combination of uses listed in
Table Section 60.300.010B Allowed
Uses Table, but may not include any
uses not listed in that Table.
2) The application shall list each
standard in Section 60.300.030,
Use-Specific Standards, and in
Chapter 60.400, Development
Standards, applicable to similar types and density/intensity of land, land use, or
development that is to be modified or that shall not apply in the Distinctive
Development. Unless identified for modification in the application and approved
pursuant to this Section 60.500.040LJ, the applicable standards in Section

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Section 60.500.040 Major Decisions by City Council Section 60.500.040L: Distinctive Development

60.300.030, Use-Specific Standards, and in Chapter 60.400, Development

Standards, shall apply.
3) The Community Development Director may require that an application for approval
of a Distinctive Development include a General Development Plan based on the
size, complexity, or anticipated impacts of the proposed Distinctive Development.
b. Notice and Hearing
1) Notice of the public hearing on a Distinctive Development application shall be
provided by publication in a newspaper of general circulation at least 10 days
before the date of the hearing.
2) In addition, for any Distinctive Development application, mailed notice shall be sent
to all owners of land situated wholly or partly within 350 feet of the outer perimeter
of the subject property.
c. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend
that the City Council approve, approve with conditions, or deny the application, based on
the Criteria in Subsection 4 below.
d. City Council Action
1) The City Council shall hold a public hearing on the application for a Distinctive
Development approval pursuant to Section 60.500.030C.2), Conduct of Public
Hearing.
2) Following the hearing or hearings, the City Council shall, within the time limits
imposed by this UDC, approve, approve with conditions, or deny the application
based on the criteria in Subsection 4 below.
3) The final decision may be extended for a reasonable period of time by written
agreement between the applicant and the Community Development Director, but
not to exceed six months from the date of the first hearing on the matter.
e. Site Plan(s) Required
1) Following approval of the Distinctive Development application the applicant shall
prepare and submit a Site Plan(s) for each portion of the property pursuant to
Section 60.500.060B that incorporates any changes or conditions imposed by the
City Council as part of its decision.
2) The Community Development Director shall review and approve the final Site
Development Plan(s) for the Distinctive Development pursuant to Section
60.500.060C.
3) A Land Subdivision Permit for lot consolidation shall be required prior to
development approval when a development is proposed across multiple lots. This
includes but is not limited to primary structures, accessory structures, off-street
parking, bufferyards/landscaping, recreation areas, exterior storage, and signage.

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Section 60.500.040 Major Decisions by City Council Section 60.500.040L: Distinctive Development

4) Criteria for Approval of Distinctive Development

The Planning Commission shall recommend for approval, and the City Council may approve,
an application for approval of a Distinctive Development if it complies with the following
criteria:
a. Meets Applicability Requirements
The application as recommended for action still complies with the Purpose statement in
Subsection 1 above and the Applicability provisions in Subsection 2 above.
b. Exceeds Minimum Design Standards
If a Distinctive Development application includes multifamily, mixed use, or industrial
structures, these structures shall provide a greater level of design quality than would be
required for buildings of a similar type and density/intensity in Section 60.400.070F,
Building Design.
c. Capacity of Public Facilities
The existing or future planned public facilities in the area are adequate to serve the
proposed development.
d. Geologic Hazards
Areas of natural or geologic hazard, such as unstable slopes, sinkholes, and floodplains,
have been identified and avoided or the impacts of the Distinctive Development on those
areas will be addressed and mitigated in the required Site Development Plan(s).
e. Natural Features
For developments involving new construction, the arrangement of buildings, paved areas
and open space has preserved the existing topography and the existing desirable
vegetation on the site to the maximum extent practicable.
f. Traffic Impacts
The Distinctive Development will not cause the level of service on surrounding streets to
be reduced below applicable City standards, and, if located in a Residential zoning
district:
1) Will not cause traffic volumes to exceed planned capacities on local residential
streets;
2) Will not generate frequent truck traffic on local residential streets; and
3) Will not create additional traffic during evening and nighttime hours on local
residential streets.
g. Height Impacts
For developments involving new construction, the heights and placement of proposed
structures will not create material negative impacts on surrounding Residential zoning

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Section 60.500.040 Major Decisions by City Council Section 60.500.040M: See Section 60.500.050A
Conditional Use Permit for criteria.
district(s). Material negative impacts include but are not limited to block sunlight from
reaching adjacent properties during a majority of the day for over four months out of the
year.
h. Parking Impacts
The proposed development will provide adequate motor vehicle parking to avoid overflow
parking into surrounding Residential zoning districts.
i. Pedestrian and Bicycle Access and Circulation
The proposed development will provide pedestrian and bicycle access and circulation
better than that required for developments with buildings of a similar type and
density/intensity by Section 60.400.040 Access and
CONDITIONAL USE PERMIT
Connectivity. Conditional Use Permit Approved by City
APPROVAL BY CITY COUNCIL
Council
COMMUNITY DEVELOPMENT
M. See Section 60.500.050A Conditional Use Permit for DIRECTOR REVIEW &
criteria. RECOMMENDATION

PLANNING COMMISSION
REVIEW &
RECOMMENDATION

CITY COUNCIL DECISION

indicates public hearing

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council 0:

N. Interim Use Permit

1) Purpose
The Interim Use Permit process is intended to allow property in Mixed Use and Non-
Residential zoning districts to be used for purposes that may not be consistent with the
Comprehensive Plan under conditions that ensure its long-term use will be consistent with
the Comprehensive Plan.
2) Applicability
This Interim Use Permit process applies to:
a. All proposed uses of property in the Mixed Use or Non-Residential zoning districts for any
use that is not permitted in that zoning district for a period longer than 12 months.
b. All land disturbing activities that the City Engineer determines, pursuant to Section
60.500.060I.4.f, Grading Permit, require an application for an Interim Use Permit before
a Grading Permit may be approved.
3) Procedure for Interim Use Permit Approval
a. Notice and Hearing
1) Notice of the public hearing on an
Interim Use application shall be
provided by publication in a
newspaper of general circulation
at least 10 days before the date
of the hearing.
2) In addition, for any Interim Use
application, mailed notice shall be
sent to all owners of land situated
wholly or partly within 350 feet of
the outer perimeter of the subject
property.
3) A Land Subdivision Permit for lot
consolidation shall be required
prior to development approval
when a development is proposed across multiple lots. This includes but is not
limited to primary structures, accessory structures, off-street parking,
bufferyards/landscaping, recreation areas, exterior storage, and signage.
b. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend
that the City Council approve, approve with conditions, or deny the application, based on
the Criteria in Subsection 4 below.

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Chapter 60.500: Procedures and Administration
Section 60.500.040 Major Decisions by City Council Section 60.500.040N: Interim Use Permit

c. City Council Action

1) The City Council shall hold a public hearing on the application for an Interim Use
pursuant to Section 60.500.030C.2), Conduct of Public Hearing.
2) Following the hearing, the City Council shall, within the time limits imposed by this
UDC, approve, approve with conditions, or deny the application based on the
criteria in Subsection d below.
3) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed
six months from the date of the first hearing on the matter.
4) Criteria for Interim Use Permit Approval
The Planning Commission shall recommend approval, and the City Council shall approve the
application, or approve it with conditions, if it complies the following criteria:
a. The application complies with all applicable provisions of Chapter 7-5, Rental Unit
Registration, of the Rochester Code of Ordinances and the criteria in Section
60.500.030E.3)a.3), except that the interim use of the property need not be a Permitted
or Conditional Use of the property allowed in the zoning district where the property is
located;
b. The proposed use complies with all applicable standards for that use listed in Section
60.300.030, Use-Specific Standards, in the zoning district most similar to that in which
the interim use is located, as determined by the Community Development Director;
c. The application does not involve or require the construction of any permanent structure
with a useful economic life longer than the term of the Interim Use Permit;
d. Pursuant to Section 60.500.030E.7) Financial Assurances, the applicant has provided
financial assurance adequate if the Community Development Director determines that
such assurance are necessary to ensure that the Interim Use will be terminated and any
structures related to the interim use be removed (unless the City consents to the
continued existence of those structures) at the end of the interim use period; and
e. If the application related to land disturbing activities that the City Engineer determines,
pursuant to Section 60.500.060I.2)c, require an application for an Interim Use Permit,
the applicant has given the City adequate assurances (which may include financial
assurances) that the activity will not create substantial adverse impacts on surrounding
properties during the Interim Use period or allow the land to be used for purposes
inconsistent with the Comprehensive Plan after the Interim Use Permit period.
f. The date or event that will terminate the use can be identified with certainty.

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050A:
Conditional Use Permit

Section 60.500.050 DECISIONS THAT REQUIRE A HEARING BY A DESIGNATED

AUTHORITY
A. Conditional Use Permit
This process applies to both Conditional Use Permits that may be approved by Planning
Commission and those that may only be approved by City Council, as indicated in Table 300.02-1
Allowed Uses Table.
1) Purpose
The Conditional Use Permit procedure provides a mechanism for the City to evaluate
proposed land uses that are generally characterized by infrequency of use, high degree of
traffic generation, and/or requirement of a large land area. This procedure is intended to
ensure compatibility of such uses with surrounding areas and that adequate mitigation is
provided for anticipated impacts.
2) Applicability
CONDITIONAL USE PERMIT APPROVAL BY
A Conditional Use Permit shall be required for PLANNING COMMISSION
the establishment of land uses identified as
requiring Planning Commission approval or
City Council approval in Table 300.02-1
Allowed Uses Table. Approval of a new
Conditional Use Permit is also required for
modification or expansion of an existing
conditional use.
3) Procedure for Conditional Use Permit Approval
a. An application for approval of a Conditional
Use Permit shall be reviewed and a
decision made pursuant to Section
60.500.030 Common Procedures,
including but not limited to Section
60.500.030E.3)a.3).
b. If Table 300.02-1 indicates the use is approved by Planning Commission, the provisions
of Section 60.500.030E.3)b Decisions to be Made by Authority shall also apply, and the
decision shall be based on the criteria in Subsection 4 below.
c. If Table 300.02-1 indicates the use may only be approved by City Council, the provisions
of Section 60.500.030E.3)c Decisions by City Council shall also apply. In this case, the
Planning Commission shall make a recommendation, and the City Council shall make a
decision, based on the criteria in Subsection 4 below.
d. Before approving or approving with conditions a Conditional Use Permit in the FPO –
Floodplain District Overlay, the Community Development Director shall confirm that the
applicant has obtained all required state and federal permits related to floodproofing and
flood protection measures.

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050A:
Conditional Use Permit
e. A copy of each decision approving or approving with conditions a Conditional Use Permit
in the FPO – Floodplain District Overlay shall be sent by mail to the Minnesota
Commissioner of Natural Resources within 10 days after the decision.
f. A Land Subdivision Permit for lot consolidation shall be required prior to development
approval when a development is proposed across multiple lots. This includes but is not
limited to primary structures, accessory structures, off-street parking,
bufferyards/landscaping, recreation areas, exterior storage, and signage.

4) Criteria for Conditional Use Permit Approval

a. General
The Planning Commission or the City Council, as indicated in Table 300.02-1, shall
approve a Conditional Use Permit if it determines that the proposed use will not create
any of the following negative impacts.
1) Vehicular loading, unloading, parking, and vehicular or pedestrian circulation on the
site will create hazards to safety or will impose a significant burden upon public
facilities;
2) The Site Development Plan does not provide pedestrian access to any
customer/tenant ingress/egress of the building, including from a public right-of-way
and off-street parking area that serves the use while minimizing non-
vehicular/vehicular conflicts;
3) The operation of the use will create significant negative impacts on the surrounding
area or will impose undue burdens on the sewers, sanitary and storm drains, water,
or similar public facilities;
4) The application will create significant negative environmental impacts on the
surrounding area.
5) The application or related Site Development Plan fails to comply with one or more
previous use or development approvals for the property, including without limitation
any Distinctive Development approval or General Development Plan applicable to
the property; and/or
6) The application or related Site Development Plan fails to comply with all applicable
UDC regulations or other City adopted regulations applicable the use or zone
district in which the property is located, including but not limited to any Use-Specific
Standard applicable to the proposed use in Section 60.300.030, unless a Minor
Modification, Major Modification, or Variance permitting that deviation has been
approved by the City.
b. Additional Criteria for Approval in FPO – Floodplain District Overlay
If the application relates to property in the FPO – Floodplain Overlay, the Planning
Commission or the City Council, as indicated in Table 300.02-1, shall approve a

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050A:
Conditional Use Permit
Conditional Use Permit if it determines that the following additional criteria have been
met.
1) The application may only be approved or approved with conditions if the applicant
has obtained all required local, state, and federal government permits related to
floor protection and floodproofing.
2) The following factors shall be considered in addition to those in Section
60.500.050A.4):
(a) The danger to life and property due to increased flood heights or velocities
caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the
injury of others;
(c) The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary condition;
(d) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(e) The importance of the services provided by the proposed facility to the
community;
(f) The need for a waterfront location for the facility;
(g) The availability of alternative locations not subject to flooding for the proposed
use;
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the comprehensive floodplain plan and
management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles; and
(k) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site.
c. Additional Criteria for Approval in SDO -- Shoreland District Overlay
If the application relates to property in SDO – Shoreland District Overlay, the Planning
Commission or the City Council, as indicated in Table 300.02-1, shall approve a
Conditional Use Permit if it determines that the following additional criteria have been
met:
1) A thorough evaluation of the waterbody and topographic, vegetation, and soil
conditions on the site to ensure:

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Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050A:
Conditional Use Permit
(a) The prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
(b) The visibility of structures and other facilities as viewed from public waters is
limited;
(c) The site is adequate for water supply and on-site sewage treatment; and
(d) The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
watercraft;
2) Setbacks from the Ordinary High Water Level;
3) A wetland delineation is required for all development that has Decorah Edge soils
or groundwater supported wetlands on the Decorah Edge overlay Map and or Hydric
Soils based on the USDA Soil Survey as they are administered by the City’s 6-3
Wetland Conservation Ordinance; and
4) Special provisions for the location, design, and use of structures, sewage treatment
systems, watercraft launching and docking areas, and vehicle parking areas.
5) Modifications to Approved Conditional Use Permits
a. Minor Modifications
1) Subject to the restrictions listed below, the Community Development Director is
authorized to make changes to approved Conditional Use Permits if necessitated by
engineering factors or other circumstances unforeseen at the time the permit was
approved.
2) Minor modifications include but are not limited to modification in building locations;
height; maximum lot coverage; maximum or minimum floor area; exterior facades;
landscaping materials and placement; design of public facilities; and the addition,
deletion, or change of accessory structures or uses; but do not include any
modification of required public infrastructure addressed in a development
agreement and do not include any of the following:
(a) In the case of residential development, an increase or decrease in the number of
approved dwelling units by more than 10 percent;
(b) An increase or decrease in the floor area ratio resulting in more than ten percent
change in building coverage on the lot;
(c) Changes in site design that may create problems or conflicts associated with
vehicular traffic, transit vehicle or patron, non-motorized vehicle or pedestrian
circulation on-site and at access points;
(d) Inadequate public facilities;
(e) A reduction in off-street parking and loading spaces, unless the reduction in
parking does not result in non-conformance with the requirements of this UDC;

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050A:
Conditional Use Permit
(f) A significant change in the character of the project as originally approved
including:
(i) Elimination of one of the major approved elements of the project such as the
approved use;
(ii) Reduction of transparency at the ground level, by more than 10 percent
either through elimination of glass, or obstruction of more than 10 percent of
glassing that reduces the visibility in and out of the structure; and
(iii) Significant change in either the durability or quality of building materials or
landscaping.
b. Major Modifications
Modifications to approved Conditional Use Permits that are not listed in Subsection a.2)
above may only be approved through the same process used to approve the Conditional
Use Permit being amended.

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050B:
Certificate of Appropriateness – Major Alteration

B. Certificate of Appropriateness – Major Alteration

1) Purpose
The Certificate of Appropriateness – Major Alteration process is intended to ensure that any
proposed major alterations to a designated landmark property, including contributing
properties within a landmark district, comply with all applicable provisions of the HPO –
Historic Preservation Overlay in Section 60.200.040C and with all other provisions of this
UDC and City regulations designed protect properties historically significant to the
community.
2) Applicability
A Certificate of Appropriateness – Major Alteration is required for all alterations to a
designated landmark property or to a contributing property in landmark district, except for
those that qualify for approval as a Certificate of Appropriateness – Minor Alteration
pursuant to Section 60.500.060D Certificate of Appropriateness – Minor Alteration and
those activities that are exempt from the requirement to obtain a Certificate of
Appropriateness pursuant to Section 60.500.060D.2)b, Exemptions.
3) Procedure for Certificate of Appropriateness – Major Alteration
a. An application for approval of a Certificate of
Appropriateness – Major Alteration shall be
reviewed and a decision made pursuant to
Section 60.500.030 Common Procedures,
including but not limited to Section
60.500.030E.3)b, Decisions to be Made by ,
unless modified by this Section
60.500.050B.
b. If Table 500.01-1 indicates the use is
subject to Heritage Preservation
Commission approval, the provisions of
Section 60.500.030E.3)b, Decisions to be
Made by Designated Authority, shall also
apply, except that a public meeting that
allows for public comment rather than a
public hearing shall be required, and the
decision shall be based on the criteria in Subsection 4 below.
4) Criteria for Certificate of Appropriateness – Major Alteration Approval
The Heritage Preservation Commission shall approve the application, or approve it with
conditions, if it complies with the applicable Secretary of the Interior Standards, as described
in Section 60.200.040C.8).

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Chapter 60.500: Procedures and Administration
Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050C:
Shoreland Protection Permit
C. Shoreland Protection Permit
1) Purpose
The Shoreland Protection Permit process is intended to allow for new projects on
undeveloped land, redevelopment of previously built sites, or conversions of existing
buildings and land in the SDO – Shoreland District Overlay in a way that complies with all
applicable provisions in Section 60.200.040F, and protects and enhances the natural scenic
qualities and environmental benefits of the Shoreland District Overlay both during and after
development.
2) Applicability
This Section 60.500.050C applies to all land in the SDO – Shoreland District Overlay, and
requires that a Shoreland Protection Permit be obtained before conducting any of the
following activities on such land, in addition to any other development applications required
by other sections of this ordinance:
a. Industrial uses;
b. Residential development exceeding 4 dwelling units per acre, as described in Section
60.200.040F.3.c;
c. Accessory Agricultural uses;
d. Any structure, with the exception of a water-oriented accessory structure, or grading in
the Shoreland Impact Zone;
3) Procedure for Shoreland Protection Permit Approval
a. The Community Development Director shall review any information received under
Section 60.500.030D and make a determination of whether the applicant is entitled it
issuance of the permit by a fair
preponderance of the evidence.
Following the preliminary decision on the
application, the Community Development
Director shall prepare a notice of action
as required by Section 60.500.030F.1
and shall transmit a copy to the Planning
Commission at their next regularly
scheduled meeting.
b. An application for approval of a
Shoreland Protection Permit shall be
reviewed and a decision made by the
Planning Commission pursuant to
Section 60.500.030, Common
Procedures, pursuant to the criteria in
Subsection 4. below.
c. The Planning Commission shall conduct a public hearing, as required by Section
60.500.030, to consider upholding or reversing the preliminary decision of the
Community Development Director.

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Section 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050C:
Shoreland Protection Permit
d. Following approval or approval with conditions of a Shoreland Protection Permit, the
applicant must obtain all other applicable approvals, as required by this ordinance, prior
to beginning development activities.
4) Criteria for Shoreland Protection Permit Approval
The Planning Commission shall approve a Shoreland Protection Permit authorizing a
conditional use in the Shoreland District Overlay, unless the Planning Commission makes
one or more of the following findings with respect to the proposed development:
a. The intensity, location, operation, and dimensions of the proposed structure will be
detrimental to the shoreland environment, and will impose undue burdens on existing
natural drainage ways, sensitive lands and soils, and public waterways.
1) Within the Shoreland Impact Zone, for residential developments, alternative to the
vegetation clearing standards in Section 60.200.040F.11.a.2.c&d, the riparian
edge of the lot must be preserved in its natural or existing state, for a minimum of
80 percent. Where the existing or natural state of the riparian edge has been
previously cleared or lacks deep-rooted, woody vegetation, the shore impact zone
shall be restored consistent with the Standards in Section 60.200.040F.11.a.3.
These protections shall be preserved in perpetuity and maintained by use of deed
restrictions, covenants, permanent easements, public dedication, or other equally
effective and permanent means.
b. The provisions for on-site bufferyards and landscaping do not provide adequate
protection of adjacent public waterways and do not maintain the natural vegetation of
the site.
c. The project plans fail to provide adequate protection against soil erosion and/or
stormwater management problems that may be created by the development.
d. The proposed development does not comply with all applicable standards of the SDO –
Shoreland District Overlay, the standards of the underlying zoning district, or the
standards specifically applicable to the proposed use, and a variance or modification to
allow such deviation has not been secured by the applicant.
e. The proposed development will increase flood heights and/or flood duration, will
increase the rate of rise, will modify the extents of the floodplain, will increase sediment
transport, and/or will increase flow velocities of the flood waters expected at the site.
f. The development poses a danger that materials may be swept onto other lands or
downstream to the injury of others or damage to property.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060A:
Zoning Certificate

Section 60.500.060 DEVELOPMENT APPROVALS BY COMMUNITY DEVELOPMENT

DIRECTOR
A. Zoning Certificate
1) Purpose
Zoning Certificates are issued by the Community Development Director to authorize a
development to proceed based on information included on the application evidencing
compliance with UDC requirements.
2) Applicability
a. A zoning certificate shall be required before:
1) Any new use may be established involving a change in the use or appearance of
exterior of a building or involving the erection, construction, reconstruction or
alteration of a building or structure;
2) An existing use is changed or modified so as to alter the character of its occupancy;
3) The re-establishment of a previous use involving the erection, reconstruction,
construction or alteration of a building or structure; or
4) The issuance of a temporary permit.
5) The amplification of sound pursuant to Chapter 117 of the Rochester Municipal
Code, in which case the Community Development Director’s signature on an
application for a Sound Amplification Permit shall constitute a zoning certificate for
that activity.
3) Procedure for Zoning Certificate Approval
An application for approval of Zoning
ZONING CERTIFICATE APPROVAL
Certificate shall be reviewed and a
decision made pursuant to Section
60.500.030 Common Procedures, COMMUNITY DEVELOPMENT
pursuant to the Criteria in Subsection DIRECTOR DECISION
4 below.
APPEAL TO ZONING
4) Criteria for Zoning Certificate Approval
BOARD OF APPEALS
a. The Community Development
Director shall approve the indicates public hearing
application, or approve it with
conditions, if it complies with the
criteria in Section 60.500.030E.3)a.3).
b. No use or development authorized by a Conditional Use Permit, or requiring a Minor
Modification, Major Modification, or Variance shall be issued until a Zoning Certificate
confirming compliance with any conditions attached to those prior approvals has been
approved.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060A:
Zoning Certificate
c. The Community Development Director will approve a conditional certificate of zoning
occupancy where conditions beyond the control of the applicant exist which will not
permit total completion of the development for a specified period of time.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060B:
General Development Plan

B. General Development Plan

1) Purpose
The purpose of the General Development Plan requirement is to ensure that a landowner
investigates the broad effects development will have not only on the site itself, but on
adjacent properties and the on and off-site public infrastructure system.
2) Applicability
a. Approval of a General Development Plan is required prior to or simultaneously with City
Council action on any of the following types of applications under this UDC:
1) Each Comprehensive Plan Amendment that is not initiated by the City;
2) Each Rezoning involving more than five acres of land that is not initiated by the City;
3) Each Major Land Subdivision Permit;
4) A Distinctive Development, if required by the Community Development Director
pursuant to Section 60.500.040L.3)a.3).
b. City Council may initiate a General Development Plan in connection with applications
under this UDC other than those listed in Subsection 2.a above if Council determines that
the application may have significant negative impacts on the surrounding area or on the
City’s ability to provide adequate infrastructure or public services to the proposed
development or other areas of the City.
c. The owner of property that is not the subject of an application listed in Subsection 2.a
above may file an application to approve a General Development Plan. In this case, the
application shall include the signatures of each property owner included in the proposed
boundaries of the GDP or a statement as to why there are any non-signatories, if
applicable.
d. Notwithstanding the provisions of Subsection 2.a above, approval of a General
Development Plan is not required in connection with the types of applications listed in
Subsections 2.a.1), 2), or 3) for:
1) Any proposed development for which no new connections to a public street are
required, and for which this UDC does not require the preparation of a Traffic
Impact Report.
2) Any proposed development for which the applicant is required to receive approval
of a Conditional Use Permit or Site Development Plan for a project that will be
approved under the provisions of a Registered Land Survey rather than a final
subdivision plat.
3) Except within the DEO - Decorah Edge Overlay, any proposed development for
which:
(a) An active General Development Plan has previously been approved by City
Council;

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Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060B:
General Development Plan
(b) The Community Development Director determines that new proposed streets
need not continue beyond the land to be subdivided in order to complete an
appropriate street system or to provide access to adjacent property.
(c) The Community Development Director has determined that any application for re-
zoning is consistent with the land use designation in the adopted Rochester
Comprehensive Plan and for which no new right-of-way, street or utility easement
is needed to accommodate the orderly development of the subject parcel and
abutting property.
3) Procedure for General Development Plan Approval
Applications for a General
GENERAL DEVELOPMEN PLAN
Development Plan approval shall
comply with all applicable
requirements of Section COMMUNITY DEVELOPMENT
60.500.030 Common Procedures DIRECTOR DECISION
unless modified or supplemented
by this Section 60.500.040E.3). APPEAL TO ZONING
BOARD OF APPEALS
a. Criteria for General
Development Plan Approval
indicates public hearing
The Community Development
Director shall approve a
General Development Plan if the following are satisfied:
1) All applicable standards in this UDC are met including the proposed land uses for
the underlying zoning district as stated in Table 300.02-1 Allowed Uses Table, and
standards in Section 60.400.030, Subdivision Standards, and Section 60.400.040,
Access and Connectivity;
2) The mix of housing is consistent with adopted the Comprehensive Plan.
3) The proposed plan makes provisions for planned improvements and streets
reflected in the City’s adopted Capital Improvements Program;
4) Utilities are available to directly serve the area of the proposed land use, or the City
is planning for the extension of utilities to serve the area of the proposed
development and such utilities are in the first three years of the City’s current 6-
Year Capital Improvements Program, or that other arrangements have been made
pursuant to Section 60.500.030E.7) Financial Assurances to ensure that adequate
utilities will be available concurrently with development;
5) Provisions for wetlands areas and DEO zoning district Edge Support comply with
applicable standards in this UDC and will maintain the quality and quantity of
groundwater recharging lower aquifers and to protect discharge, interflow,
infiltration, and recharge processes. If the eventual platting of the area will require
approval of a Major Land Subdivision Permit, the proposed development must
satisfy one of the following categories of development:

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Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060B:
General Development Plan
(a) A development bounded on all sides by arterial or higher-level streets, streams,
or other topographic constraints, existing development, land already included in
an approved General Development Plan, or permanent open space that limits the
inclusion of other abutting lands;
(b) A development with adequate public facilities and constituting the entire
remaining service area of a major public facility improvement (such as a trunk
sewer or water tower) that has been identified as a project in the Capital
Improvement Program;
(c) A development that consists of at least 80 acres in land area regardless of
ownership or interest, and consists of all lands for which the applicant has
ownership or interest; or
(d) A development for which a development agreement has been executed by the
owner and the city for the entire property included in the proposed General
Development Plan. The development agreement must have been drafted based
on the development of the property occurring as proposed in the General
Development Plan.
b. Modifications to a General Development Plan
The Community Development Director will approve amendments to an approved General
Development Plan if the Director determines that they comply with the criteria in
Subsection a above, and will waive any application submittal requirements not required
to evaluate the impacts of the proposed modification.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060C: Site
Development Plan

C. Site Development Plan

1) Purpose
a. The Site Development Plan review process is intended to promote the safe, functional,
and aesthetic development of property and to ensure that new structures, utilities,
streets, parking, circulation systems, yards, and open spaces are developed in
conformance with the standards of this UDC.
b. The Site Development Plan review shall consider the siting of structures and related site
improvements so as to promote harmonious relationships with adjacent development,
promote use of non-motorized transportation and transit, enhance the pedestrian
environment, and minimize bicycle, pedestrian, and motorized vehicle conflicts.
2) Applicability
a. Site Development Plan review is required for:
1) All site development in the City that requires a development permit except a
detached single-family dwelling, twin-home dwelling, or duplex dwelling;
2) All construction or modification of structures, parking lots and the creation of
impervious surfaces;
3) All changes of use on a site, as determined by the Community Development
Director.
b. Site Development Plan approval shall occur prior to the issuance of a building permit.
c. When a Site Development Plan application is reviewed, or when the Final Plan for a
Planned Development is reviewed, the Site Development Plan review is included as part
of those reviews.
3) Procedure for Site Development Plan Approval
a. An application for approval of a Site Development Plan shall be reviewed and a decision
made pursuant to Section 60.500.030 Common Procedures, pursuant to the Criteria in
Section 4 below
b. Development pursuant to an SITE DEVELOPMENT PLAN APPROVAL
approved Site Development Plan
must begin within one year after
approval, unless otherwise COMMUNITY DEVELOPMENT
approved by the Community DIRECTOR DECISION
Development Director, or the
approval becomes null and void. APPEAL TO ZONING
BOARD OF APPEALS
c. A Land Subdivision Permit for lot
consolidation shall be required
indicates public hearing
prior to site development approval
when a development is proposed
proposed across multiple lots. This includes but is not limited to primary structures,

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Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060C: Site
Development Plan
accessory structures, off-street parking, bufferyards/landscaping, recreation areas,
exterior storage, and signage.
4) Criteria for Site Development Plan Approval
The Community Development Director shall approve a Site Development Plan if it satisfies all
of the following.
a. The proposed development is consistent with the Comprehensive Plan.
b. The proposed development complies with all applicable laws and ordinances.
c. The Site Development Plan layout satisfies the purpose and all development standards
of the underlying zoning district unless a variance is approved.
d. The proposed development, wherever practical, indicates all utility service transmission
systems (including, but not limited to, water, sewer, natural gas, electrical, and telephone
lines) are placed underground.
e. The proposed development will occur in a manner that will not impede the normal and
orderly development or improvement of surrounding property for uses permitted by
applicable laws and ordinances.
f. The proposed development is consistent with adopted policies and standards for access,
grading, drainage, erosion control, and stormwater management.
g. The proposed development is consistent with any approved General Development Plan,
Conditional Use Permit, and Traffic Impact Study approved for the property.
h. There has been complete compliance with all issues addressed in any applicable
development agreement.
i. The proposed development provides convenient access for pedestrians and transit
patrons to the building entrance(s), bicycle access to designated bicycle parking and
motor scooter parking, unless determined by the Community Development Director to be
unnecessary due to the context or programmed improvements.
j. The proposed development, including its size and density is compatible with the existing
and planned development of adjacent property.
k. On-site access and circulation design for pedestrians, bicyclists, transit vehicles, and
patrons and private vehicles and integration of these facilities with adjacent properties
will support the safe travel of persons of all ages and abilities by minimizing vehicular,
pedestrian, and bicycle conflicts through the use of appropriate traffic calming,
pedestrian safety, and other design features appropriate to the context.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060D:
Certificate of Appropriateness – Minor Alteration

D. Certificate of Appropriateness – Minor Alteration

1) Purpose
The Certificate of Appropriateness – Minor Alteration process is intended to ensure that any
proposed minor alterations to a designated landmark property, including those properties
within a landmark district, comply with all applicable provisions in Section 60.200.040E and
with all other provisions of this UDC and City regulations designed protect properties
historically significant to the community.
2) Applicability
a. When Required
A Certificate of Appropriateness –Minor Alteration is required for:
1) Replacement or alteration of signs and awnings.
2) Replacement or alterations of features that are not character defining.
3) Alterations not visible from public land or the right-of-way.
4) Alterations to non-contributing properties in any historic district.
b. Exemptions
The following activities may be performed without the requirement to obtain a Certificate
of Appropriateness.
1) Maintenance and repair that does not affect the external appearance of the
property;
2) Interior remodeling and modifications that do not affect the external appearance;
3) Exterior repainting (color selection), or re-plastering similar to the existing finish;
4) Routine repair or maintenance such as caulking, replacement of fasteners, repair
of window glazing or other such minimally intrusive work; and
5) Upgrading of mechanical, electrical, and plumbing systems and other code-required
work to make properties functional, when it has no visual impact to the property as
seen from off-site.
6) If there is a question as to whether an activity qualifies as exempt from the
requirement for a Certificate of Appropriateness, the Heritage Preservation
Commission shall make the determination regarding exemption status of the
proposed activity.
7) In an emergency situation where immediate repair is needed to protect the safety
of a building or structure and its inhabitants, the Community Development Director
and Building Official may approve the alteration without prior Heritage Preservation
Commission action.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060D:
Certificate of Appropriateness – Minor Alteration
3) Procedure for Certificate of
Appropriateness – Minor Alteration CERTIFICATE OF APPROPRIATENESS –
An application for approval of MINOR ALTERATION
Certificate of Appropriateness – Minor
Alterations shall be reviewed and a COMMUNITY DEVELOPMENT
decision made by the Community DIRECTOR DECISION
Development Director pursuant to
Section 60.500.030 Common APPEAL TO HERITAGE
PRESERVATION
Procedures, pursuant to the Criteria in
COMMISSION
Section 4 below.
indicates public hearing
4) Criteria for Certificate of
Appropriateness – Minor Alteration
Approval
The Community Development Director shall approve the application, or approve it with
conditions, if it complies with the applicable Secretary of the Interior Standards, as described
in Section 60.200.040C.8)d.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060E:
Rental Housing Certificate

E. Rental Housing Certificate

1) Purpose
The Rental Housing Certificate process is intended to ensure that each rental unit in the city
meets all applicable requirements of this UDC and applicable City regulations.
2) Applicability
A valid Rental Housing Certificate shall be required for each habitable dwelling unit in the City
before the Building and Safety Department may approve a registration certificate allowing an
owner or operator to rent any dwelling unit for occupancy by another individual.
3) Procedure for Rental Housing Certificate Approval
An application for approval of Rental
RENTAL HOUSING CERTIFICATE
Housing Certificate shall be reviewed
APPROVAL
and a decision made by the
Community Development Director
pursuant to Section 38.05 of the COMMUNITY DEVELOPMENT
DIRECTOR DECISION
Rochester Municipal Code and Section
60.500.030 Common Procedures, APPEAL TO ZONING
pursuant to the Criteria in Section 4 BOARD OF APPEALS
below.
4) Criteria for Rental Housing Certificate indicates public hearing
Approval
The Community Development Director shall approve the application, or approve it with
conditions, if it complies with all applicable provisions of Section 38.05 of the Rochester
Municipal Code and the criteria in Section 60.500.030E.3)a.3).

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060F:
Temporary Permit

F. Temporary Permit
1) Purpose
The Temporary Permit process is intended to allow the short-term use of property (not to
exceed a maximum of 12 calendar months) for purposes permitted in Table 300.02-1
Allowed Uses Table under conditions that minimize potential negative impacts on
surrounding properties.
2) Applicability
A Temporary Permit is required for each use listed as a Temporary in Table 300.02-1 Allowed
Uses Table.
3) Procedure for Temporary Permit Approval
a. An application for approval of TEMPORARY PERMIT APPROVAL
Temporary Permit shall be
reviewed and a decision made by
the Community Development
Director pursuant to Section COMMUNITY DEVELOPMENT
60.500.030 Common DIRECTOR DECISION
Procedures, pursuant to the
APPEAL TO ZONING
Criteria in Section 4 below.
BOARD OF APPEALS
b. In addition to those conditions
listed in Section 60.300.030H1, indicates public hearing
the Community Development
Director may attach such
conditions as the Director determines necessary to protect the public health and safety
during the temporary permit.
c. Approval of a Temporary Permit shall be in the form of a revocable permit for a period
effective for not more than 12 calendar months.
d. A Temporary Permit may not be extended beyond 12 calendar months. Any continuation
of the approved activity requires the application for and approval of a new Temporary
Permit.
4) Criteria for Temporary Permit Approval
The Community Development Director shall approve the application, or approve it with
conditions, if:
a. It complies with all applicable use-specific standards in Section 60.300.030H Temporary
Permits; and
b. It complies with the criteria in Section 60.500.030E.3)a.3).

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060G:
Minor Land Subdivision Permit
G. Minor Land Subdivision Permit
1) Purpose
a. The Minor Land Subdivision Permit process is intended to ensure that the creation of
small numbers of new developable lots within the City comply with all applicable
requirements of state law, this UDC, and all applicable City and other government
regulations related to transportation, utilities, protection of sensitive lands, and the
provision of public services, and are consistent with the adopted Rochester
Comprehensive Plan.
b. A Minor Land Subdivision Permit is the initial document authorizing the creation of a
minor subdivision of land and is recognized as the preliminary plan under Minnesota
state law.
2) Applicability
a. This Section 60.500.060G applies to all activities that will create no more than four new
developable lots, including vertical as defined in Minnesota state law that will create no
more than four new lots, or that is otherwise defined as a Subdivision of Land that
creates no more than four new developable parcels by the state of Minnesota or City
ordinance, all of the proposed lots front on a platted or dedicated street right-of-way and
for which no major changes to the right-of-way are proposed; except for:
1) Those activities exempt from regulation by Minnesota Statute Chapter 462;
2) Those activities related to land or lots that are eligible for approval as a Lot Line
Readjustment pursuant to Section 60.500.060J;
3) Those divisions of land that are required to complete a Major Land Subdivision
Permit pursuant to Section 60.500.040G; and
4) Activities that are the subject of a Grading Permit pursuant to Section
60.500.060H.4)f, unless the activity will involve the construction of structures or
improvements that will continue to exist following the completion of the Grading
Permit.
b. If the Community Development Director determines that the Minor Land Subdivision
Permit process is being used repeatedly or on related parcels of land to avoid the Major
Land Subdivision Permit process in Section 60.500.040G, or that the use of the Minor
Land Subdivision Permit process by the same owner or by owners acting in concert and
that the impacts of the series of applications creates impacts on the land, surrounding
properties, or City services and infrastructure similar to those created by a Major Land
Subdivision, the Director will require that the applicant complete the Major Land
Subdivision Permit process.
c. A Minor Land Subdivision Permit shall be required prior to site development approval
when a development is proposed on more than one lot; and/or a development is
proposed across multiple lots. This includes but is not limited to primary structures,
accessory structures, off-street parking, bufferyards/landscaping, recreation areas,
exterior storage, and signage.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060G:
Minor Land Subdivision Permit
3) Procedure for Minor Land Subdivision Permit Approval
a. An application for approval of a Minor Land Subdivision Permit shall be reviewed and a
decision made by the Community Development Director pursuant to Section 60.500.030
Common Procedures, pursuant to the Criteria in Section 4 below.
b. No grading of the property included MINOR LAND SUBDIVISION APPROVAL
in the Minor Land Subdivision Permit
may occur until a Grading Permit
pursuant to Section COMMUNITY DEVELOPMENT
60.500.060H.4)f, as applicable, has DIRECTOR REVIEW &
RECOMMENDATION
been obtained.
APPEAL TO BOARD OF
c. After approval of a Minor Land
ZONING APPEALS
Subdivision Permit, the applicant
shall have prepared, by a indicates public hearing
professional engineer, registered in
the state of Minnesota, construction
plans, consisting of complete construction drawings and specifications of all easements,
streets, traffic control devices, sanitary sewers, storm water facilities, water system
facilities, sidewalks and other improvements required by this UDC. Construction plans
shall be submitted to the City Engineer for review and approval.
4) Criteria for Minor Land Subdivision Permit Approval
The Community Development Director shall approve a Minor Land Subdivision Permit, if it
determines that the following criteria are met:
a. The proposed land subdivision is consistent with the Rochester Comprehensive Plan.
b. The proposed land subdivision conforms to all standards in this UDC, unless a Minor
Modification, Major Modification, or Variance for any deviation from the standards in this
UDC has been approved pursuant to this UDC.
c. The proposed land subdivision permit is consistent with any approved and applicable
General Development Plan, Conditional Use Permit, and/or Traffic Impact Study.
d. The proposed land subdivision will not result in a violation of federal or state law or city or
county ordinance.
e. The proposed water system and sanitary sewer system are adequate to serve the normal
and fire protection demands of proposed development and to provide for the efficient
and timely extension to serve future development.
f. The plan for soil erosion and stormwater management meets the adopted standards of
the City of Rochester and is consistent with the adopted Stormwater Management Plan
or adopted drainage or stormwater policies.
g. The lot layout provides for safe and convenient pedestrian, non-motorized vehicle,
transit, vehicular, service and emergency access, efficient utility service connections, and
adequate buildable area in each lot for planned uses.
h. The proposed subdivision will not have adverse impacts on the safety or viability of
permitted uses on, or the efficient continued development of, adjacent properties.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060H:
Floodplain Development Permit
H. Floodplain Development Permit
1) Purpose
The Floodplain Development Permit process is intended to ensure that all development in
the FPO – Floodplain Overlay complies with all applicable provisions in Section 60.200.040E
and with all other provisions of this UDC and City regulations designed to reduce the risk of
damage due to flooding.
2) Applicability
This Section 60.500.060H applies to all land in the FPO – Floodplain Overlay district, and
requires that a Floodplain Development Permit be obtained before conducting any of the
following activities on such land:
a. The erection, addition, modification, rehabilitation, or alteration of any building or
structure. Normal maintenance and repair requires a permit if, separately or in
conjunction with other planned work, it constitutes substantial improvement;
b. The use or change of use of a building, structure, or land;
c. The construction of a dam, on-site septic system, or fence, except for a farm fence;
d. The change or extension of a nonconforming use;
e. The repair of a structure that has been damaged by flood, fire, tornado, or any other
source;
f. The placement of fill, excavation of materials, or the storage of materials or equipment;
g. Relocation or alteration of a watercourse (including new or replacement culverts and
bridges), unless a public waters work permit has been applied for;
h. All new construction and substantial improvements;
i. All placement of manufactured homes; and
j. Any other type of development.
3) Procedure for a Floodplain Development Permit
a. An application for approval of
Floodplain Development Permit FLOODPLAIN DEVELOPMENT
shall be reviewed and a decision PERMIT APPROVAL
made by the City Engineer
pursuant to Section 60.500.030
Common Procedures, pursuant to CITY ENGINEER DECISION
the Criteria in Section 4 below.
b. Before authorizing any alteration APPEAL TO ZONING
or relocation of a river or stream, BOARD OF APPEALS
the Community Development
Director must notify adjacent indicates public hearing
communities. Applying for a
permit to work in public waters pursuant to Minn. Stat. Sec. 103G.245 suffices as

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060H:
Floodplain Development Permit
adequate notice. A copy of the notification must also be submitted to the Chicago
Regional Office of the Federal Emergency Management Agency (FEMA).
c. Following the approval or approval with conditions of a Floodplain Development Permit,
the applicant must obtain a Zoning Certificate before beginning any of the activities listed
in Subsection 2 above.
d. Following completion of the activities authorized by a Floodplain Development Permit and
Zoning Certificate, the applicant shall submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this UDC.
Where applicable, the applicant shall submit analysis of no-rise for projects in the
Floodway. A registered professional engineer or architect shall certify that the flood-
proofing methods are adequate to withstand the flood depth, pressures, velocities,
impact, and uplift forces. Where a nonconforming structure is extended or substantially
altered the certificate of zoning compliance shall specifically state the manner in which
the nonconforming use or structure differs from the flood protection standards and
criteria in this UDC.
e. Accessory structures designed in accordance with Section 6.212 are exempt from
certification required by Subsection d above, provided sufficient documentation is
provided.
f. The Community Development Director shall maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations or additions to
existing structures in the FPO district, as well as the elevation to which structures and
alterations or additions to structures are floodproofed.
g. As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the Community Development Director must notify the
Chicago Regional Office of FEMA of any physical changes that increase or decrease Base
Flood Elevations by submitting a copy of the relevant technical or scientific data.
4) Criteria for Floodplain Development Permit Approval
The application may be approved or approved with conditions a Floodplain Development
Permit if the Community Development Director determines that If a proposed building site is
in the FPO – Floodplain Overlay, all construction and substantial improvements including the
placement of manufactured homes must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
b. Constructed with materials and utility equipment resistant to flood damage;
c. Constructed by methods and practices that minimize flood damage;
d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding at least as high as the regulatory Flood Protection Elevation;

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060H:
Floodplain Development Permit
e. Designed to provide adequate drainage to reduce exposure to flood hazards; and
f. Designed in a way that is not detrimental to uses in adjoining areas.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060I:
Grading Permit

I. Grading Permit
1) Purpose
The City shall review any development project involving significant changes in land form to
review impacts on drainage patterns, protect ground water supplies, to minimize risks from
shifting or settling soils or rock formations, and to mitigate the visual impact of grading
Activities.
2) Applicability
a. Except as listed in Subsection 2.b below, a Grading Permit shall be required for any non-
agricultural project involving the movement of 50 cubic yards of earth material.
b. The following activities are exempt from the requirement to obtain a Grading Permit:
1) Agricultural operations involved in crop production;
2) Activity necessary as an emergency measure for the safety or protection of life or
property; and
3) Activities exempted under the applicable provisions of the Minnesota State Building
Code.
4) Excavation of a basement for which a building permit has been issued
5) Installation of utilities not involving other surface grading
c. If the City Engineer determines that the activity proposed in an application for a Grading
Permit may have substantial impacts on surrounding properties, or will result in
structures that will remain on the land following the proposed grading activities, or may
allow or prepare the land for uses inconsistent with the Comprehensive Plan, the
Engineer can require that the applicant obtain an Interim Use Permit for the land
disturbance activity from City Council before approving the Grading Permit.
3) Procedure for Grading Permit Approval
a. Applications for a Grading
Permit shall comply with all
applicable requirements of
Section 60.500.030 Common
Procedures unless modified or CITY ENGINEER DECISION
supplemented by this Section
60.500.060H.4)f. APPEAL TO ZONING
BOARD OF APPEALS
b. The City Engineer shall
approve, approve with
conditions, or deny an application for a Grading Permit based on the criteria in
Subsection 4 below.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060I:
Grading Permit
4) Criteria for Grading Permit Approval
The application shall be approved or approved with conditions if the City Engineer
determines that the application complies with this UDC and all applicable City, state, and
federal regulations and has minimized any negative impacts on surrounding properties
related to.
a. Restoration and stabilization of cut and fill areas;
b. Drainage patterns;
c. Water quality and quantity;
d. Permanent and interim erosion and sediment control plans; and
e. The amount and type of material being moved to or from the site.

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Chapter 60.500: Procedures and Administration
Section 60.500.060 Development Approvals by Community Development Director Section 60.500.060J: Lot
Line Readjustment

J. Lot Line Readjustment

1) Purpose
The Lot Line Readjustment process is intended to allow minor adjustments between the
boundaries of already platted lots or unplatted parcels that create no more than one
additional developable lots and do not require the dedication of additional right-of-way.
2) Applicability
The Lot Line Readjustment process applies in the following situations:
a. The rearrangement of existing lot lines for either part of a platted lot or an unplatted
parcel, when no additional lots or parcels are created and no parcels are removed; and
b. A single re-subdivision and rearrangement of a single parcel or group of parcels in an R-1
or R-2 district that creates no more than one additional lot or parcel, and that does not
remove any existing parcels, where the dedication of a street or easement to provide
additional access is not required. This process may be used only once for each parcel of
land.
c. All parcels associated with the application must be within the same recorded subdivision.
If any parcels are located in a different subdivision, the application must follow the Minor
Land Subdivision process as described in Section 60.500.060GF.
d. Following the approval of the lot line readjustment, a Lot Combination through the
County Recorder’s office is required.
3) Procedure for Lot Line Readjustment LOT LINE READJUSTMENT APPROVAL
Approval
a. Applications for a Lot Line
Readjustment Permit shall comply COMMUNITY DEVELOPMENT
with all applicable requirements DIRECTOR DECISION
of Section 60.500.030 Common
Procedures unless modified or APPEAL TO ZONING
supplemented by this Section BOARD OF APPEALS
60.500.060J.
indicates public hearing
b. The Community Development
Director shall approve, approve
with conditions, or deny an application for a Lot Line Readjustment based on the criteria
in Subsection 4 below.
4) Criteria for Lot Line Readjustment Approval
The application may be approved or approved with conditions if the Community Development
Director determines that it complies with the following criteria:
a. Each of the resulting lots will meet the minimum dimensional requirements for the
zoning district in which it is located, as shown in Section 60.400.020 Dimensional
Standards,

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Chapter 60.500: Procedures and Administration
Section 60.500.070 Flexibility and Relief Section 60.500.060K: Sign Permit

b. No additional general utility easements, drainage easements, access easements or

street easements or rights-of way shall be required to provide access or adequate utility
services to any of the resulting lots.
c. No lot or parcel included in the application has been the subject of or included in a
previous Lot Line Readjustment application or decision. The re-subdivision of any lot or
parcel that was subdivided or modified through a Lot Line Readjustment (formerly known
as a Type I Land Subdivision) after January 1, 1992, shall be subject to review and
approval as a Minor Land Subdivision Permit, as described in Section 60.500.060G.
K. Sign Permit
The City reviews any applications to erect or modify a sign through the Building Permit process.
See Rochester Code of Ordinances, Chapter 4.1, Building Code.

Section 60.500.070 FLEXIBILITY AND RELIEF

A. Minor Modification
1) Purpose
The Minor Modification procedure is intended to allow relatively small modifications of
dimensional, numeric, and certain other standards of this UDC where the need for the
adjustment is due to unusual site conditions and the approved modification will not have a
material negative impact on surrounding properties.
2) Applicability
a. The ability to request a Minor Modification is available to all applications for an approval
under this UDC except an application for another form of flexibility or relief pursuant to
this Section 60.500.070A.
b. No request for a Minor Modification may include any type or level of relief for which a
Major Modification pursuant to Section 60.500.070B or a Variance pursuant to Section
60.500.070C is required.
c. A Minor Modification request may be used to amend the standards of a restricted
development approved under prior versions of this ordinance.
d. A Minor Modification shall not be granted to allow any modification of any dimensional
standard listed in Section 60.400.020G, Exceptions to the Dimensional Standards by an
amount larger than is permitted by that Section.
e. A request for a Minor Modification may only be submitted for a single platted lot, or for up
to three contiguous lots under common or related ownership. Individual or related or
repeated requests for Minor Modifications may not be used to modify UDC standards for
a multi-lot development, or for part or all of a subdivision plat or phase of development
involving more than three contiguous lots.
f. If the Community Development Director determines that the number or combination of
Minor Modifications included in a single application may result in impacts on the
surrounding properties similar to those that would require approval as a Major

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Chapter 60.500: Procedures and Administration
Section 60.500.070 Flexibility and Relief Section 60.500.070A: Minor Modification

Modification, the Director may require that the applicant instead apply for a Major
Modification pursuant to Section 60.500.070B.
3) Procedure for a Minor Modification Approval
a. Review of a request for a Minor MINOR MODIFICATION APPROVAL
Modification is not a separate
procedure under this UDC. COMMUNITY DEVELOPMENT
Instead, a request for a Minor DIRECTOR DECISION
Modification shall be included in INCLUDED IN DECISION ON
the application for other types of RELATED APPLICATION
permits or approvals under this APPEAL TO ZONING
UDC. The request(s) shall be BOARD OF APPEALS
submitted in writing, for
indicates
consideration in conjunction with the primary application type. public
The written hearing
request shall
include citation of the standard(s) of this UDC from which modification is sought.
b. The Community Development Director shall make a decision as to whether an application
for a Minor Modification meets the criteria in this Section 60.500.070A.
c. When the application that contains a request for Minor Modification is to be decided by
an appointed body or City Council pursuant to Table 500.01-1, Summary Table of Review
Procedures, the decision of the Community Development Director shall be incorporated
as part of the application, and the decision of the appointed body or City Council shall be
made on the application as a whole, and shall not reconsider the Minor Modification
decision separately.
d. The Community Development Director’s decision on a requested Minor Modification may
not be appealed separately from the decision on the application to which it is attached.
An individual or organization authorized to file an appeal of the Director’s decision may
list a violation of this Section 60.500.070A as grounds for appealing the decision on the
permit, approval, or authorization that includes the Minor Modification after a final
decision on that permit, approval, or authorization has been made pursuant to this UDC.
4) Permitted Minor Modifications
A request for a Minor Modification may be submitted only for the types of adjustments listed
in this Section 60.500.070A.4), and the Community Development Director may approve only
those Minor Modifications listed in this Section.

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Chapter 60.500: Procedures and Administration
Section 60.500.070 Flexibility and Relief Section 60.500.070A: Minor Modification

Table 500.07-1 Standards Subject to Minor Modification

Code Standard Potential Maximum Modification
Site Standards
Lot area (minimum)
Lots larger than 3,000 sq. ft. 15%
Lots of 3,000 sq. ft. or smaller 25%
Lot width (minimum)
Lots larger than 3,000 sq. ft. 15%
Lots of 3,000 sq. ft. or smaller 25%
Lot Dimensional Standards
Front setback (minimum or maximum) 15%
Side setback (for primary or accessory structures) 20%
Minimum sum of side yards 20%
Rear setback (for primary or accessory structures) 15%
Building Standards
Building height (minimum or maximum)
Residential 5 ft.
All other 10 ft.
Building length (maximum) 10%
Development Standards
Landscape area reduction [1] 20%
Bufferyards (minimum width) 10%
Usable recreation area reduction 20%
Sign area 10%
Sign height 2 ft.
Building Design
To the extent determined necessary by
the Community Development Director to
facilitate infill, redevelopment, or
Building design
development of comparable quality to
standard requirements of Section
60.400.070F
Reasonable Accommodation under federal Fair Housing Act
All requests See Section 60.500.070A.4)a
Relief under Religious Land Use and Institutionalized Persons Act
All requests See Section 60.500.070A.4)b
NOTES
[1] Requests for more other variations from landscape requirements may use the Alternative Equivalent
Compliance option described in Section 60.400.060F.

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Chapter 60.500: Procedures and Administration
Section 60.500.070 Flexibility and Relief Section 60.500.070A: Minor Modification

a. Reasonable Accommodations Under the Federal Fair Housing Amendments Act

1) In response to a written application identifying the type of housing being provided
and the portions of the Federal Fair Housing Act that require that reasonable
accommodations be made for such housing, the Community Development Director
is authorized to take any of the following actions in order to provide reasonable
accommodations without the need for a Major Modification or a Variance:
(a) Modify any facility spacing, building setback, height, lot coverage, or landscaping
requirement by no more than ten percent; or
(b) Reduce any off-street parking requirement by no more than one space.
2) The Community Development Director may approve a type of reasonable
accommodation different from that requested by the applicant if the Director
concludes that a different form of accommodation would satisfy the requirements
of the Federal Fair Housing Act with fewer impacts on adjacent areas. The decision
of the Community Development Director shall be accompanied by written findings
of fact as to the applicability of the Fair Housing Act, the need for reasonable
accommodations, and the authority for any reasonable accommodations approved.
b. Religious Land Use and Institutionalized Persons Act (RLIUPA)
The Community Development Director may grant minor modifications in order to
eliminate substantial burdens on religious exercise as guaranteed by the Federal
Religious Land Use and Institutionalized Persons Act of 2000, as amended. In no
circumstance shall the Community Development Director approve a modification that
allows a religious assembly use, or any uses, structures, or activities accessory to it, in a
zoning district where this UDC prohibits such use or accessory use, structure, or activity
unless the UDC permits secular assembly under similar terms in that zoning district.
5) Criteria for Approval
A requested Minor Modification may be approved or approved with conditions if the
Community Development Director finds that the modification:
a. Addresses an unusual site constraint or unusual requirement of the proposed use or
building that is not common to other lots, uses, or buildings in the surrounding area or is
generally consistent with the Comprehensive Plan;
b. Will have no material adverse impact on any abutting lots, or any material adverse
impact will be mitigated by conditions attached to the approval of the modification;
c. Does not violate any conditions of approval that may have previously been applied to
development of the property by the Planning Commission or the City Council; and
d. Does not result in:
1) A change in Permitted or Conditional Uses, or the allowed mix of uses, or the Use-
Specific Standards in Section 60.300.030 applicable to any use in the zoning
district where the property is located, unless required for compliance with the

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federal Fair Housing Amendments Act or the Religious Land Use and
Institutionalized Persons Act;
2) A deviation from building or fire codes;
3) A deviation from adopted engineering standards;
4) Requirements for public roadways, utilities, or other public infrastructure or
facilities;
5) A change to a development standard that has already been modified through an
incentive as described in Section 60.400.120 or through any other procedure
described in this UDC.
6) A change to any standard or criteria in Section 60.200.040C HPO- Heritage
Preservation Overlay, Section 60.200.040E. FPO-Floodplain Overlay, or Section
60.200.040F SDO-Shoreland District Overlay, or any requirement of state or federal
law.

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B. Major Modification
1) Purpose
The Major Modification procedure is intended to allow for adjustments or deviations from
dimensional, numeric, and certain other standards of this UDC that are greater than, or
different in kind than, the extent of variation allowed by a Minor Modification as described in
Section 60.500.070A. Major Modifications are intended to provide greater flexibility to adjust
UDC standards (other than permitted or conditional uses), without requiring the level of
practical difficulties required for a Variance under Minnesota law.
2) Applicability
a. The ability to request a Major Modification is available to all applications for an approval
under this UDC except an application for another form of flexibility or relief pursuant to
this Section 60.500.070.
b. No request for a Major Modification may include any type or level of relief for which the
Community Development Director determines that a Variance pursuant to Section
60.500.070C is required.
c. A Major Modification request may be used to amend the standards of a restricted
development approved under prior versions of this ordinance, or to expand an existing
nonconforming use.
d. A request for a Major Modification may include related requests that could have been
reviewed as Minor Modifications if they were requested separately, but in that case the
combined requests shall be treated as a request for a Major Modification.
e. A request for a Major Modification may only be submitted for a single platted lot, or for up
to three contiguous lots under common or related ownership. Individual or related or
repeated requests for Major Modifications may not be used to modify UDC standards for
a multi-lot development, or for part or all of a subdivision plat or phase of development
involving more than three contiguous lots.

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3) Procedure for Major Modification Approval

a. Review of a request for a Major MAJOR MODIFICATION APPROVAL
Modification is not a separate
procedure under this UDC. Instead, COMMUNITY DEVELOPMENT
a request for a Major Modification DIRECTOR RECOMMENDATION
shall be included in the application INCLUDED IN DECISION ON
for other types of permits or RELATED APPLICATION
approvals under this UDC. The
request(s) shall be submitted in PLANNING COMMISSION
writing, for consideration in DECISION INCLUDED IN
conjunction with the primary DECISION ON RELATED
application type. The written APPLICATION
request shall include citation of the APPEAL TO CITY COUNCIL
standard(s) of this UDC from which
modification is sought.
b. A Major Modification request indicates public hearing
associated with an application type
that receives Staff-level approval, as described in Table 500.01-1, Summary Table of
Review Procedures, shall cause that application to be elevated for review and approval
by the Planning Commission.
c. Requests for a Major Modification shall require notice pursuant to Section
60.500.030C.1)b Written Notice, and shall comply with other requirements of Section
60.500.030 Common Procedures.
d. The Planning Commission shall approve all Major Modification requests that comply with
the approval criteria described in 0 below.
e. When the application that contains a request for Major Modification is to be decided by
City Council pursuant to Table 500.01-1, Summary Table of Review Procedures, the
decision of the Planning Commission shall be incorporated as part of the application, and
the decision of City Council shall be made on the application as a whole, and shall not
reconsider the Major Modification decision separately.
f. The Community Development Director’s decision on a requested Major Modification may
not be appealed separately from the decision on the application to which it is attached.

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4) Permitted Major Modifications

A request for a Major Modification may be submitted only for the types of adjustments listed
Table 500.07-2 Standards Subject to Major Modification
Potential Maximum
Code Standard
Modification
Site Standards
Lot area (minimum)
Lots larger than 3,000 sq. ft. 25%
Lots of 3,000 sq. ft. or smaller 35%
Lot width (minimum)
Lots larger than 3,000 sq. ft. 25%
Lots of 3,000 sq. ft. or smaller 35%
Lot Dimensional Standards
Front setback (minimum or maximum) 35%
Side setback (for primary or accessory structures) 25%
Minimum sum of side yards 25%
Rear setback (for primary or accessory structures) 25%
Building Standards
Building height (minimum maximum)
Residential 10 ft.
All other 15 ft.
Building length (maximum) 20%
Development Standards
To the extent determined
necessary by the
Community Development
Director to facilitate infill,
Neighborhood Protection Standards redevelopment, or
development of
comparable quality to
standard requirements of
Section 60.400.020F.
Landscape area reduction [1] 35%
Bufferyards (minimum width) 20%
Usable recreation area reduction 35%
Sign area 15%
Sign height 5 ft.
NOTES
[1] Requests for more other variations from landscape requirements may use the Alternative Equivalent
Compliance option described in Section 60.400.060F.
in this 0, and the Planning Commission may approve only those Major Modifications listed in

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this Section. Potential modification of standards not allowed through Major Modification are
described in Section 60.400.080F, Minimum Parking Adjustments, Section 60.400.080G,
Maximum Parking Adjustments, and Section 60.400.120, Incentives.
5) Criteria for Major Modification Approval
A requested Major Modification may be approved or approved with conditions if the Planning
Commission finds that the modification:
a. Addresses an unusual site constraint or unusual requirement of the proposed use or
building that is not common to other lots, uses, or buildings in the surrounding area or is
generally consistent with the Comprehensive Plan;
b. Will have no material adverse impact on any abutting lots, or any material adverse
impact will be mitigated by conditions attached to the approval of the modification;
c. Does not violate any conditions of approval previously applied to development of the
property by the Planning Commission or the City Council; and
d. Meets at least one of the following criteria:
1) The modification will provide options for a more connected neighborhood layout or,
for an adjustment for a residential subdivision, the adjustment will result in a
neighborhood layout and level of multi-modal connectivity equal or better than
would have been required without the adjustment; or
2) The modification will result in equal or better screening and buffering of adjacent
properties and ground and roof mounted equipment than would have been
required without the adjustment; or
3) The modification will not result in a material increase in on-street parking or traffic
congestion on any local street in any Residential zone district within 200 feet of the
applicant’s site; and
e. Does not result in:
1) A change in Permitted or Conditional Uses, or the allowed mix of uses, or the Use-
Specific Standards in Section 60.300.030 applicable to any use in the zoning
district where the property is located.
2) A deviation from building or fire codes;
3) A deviation from adopted engineering standards;
4) Requirements for public roadways, utilities, or other public infrastructure or
facilities;
5) A further change to a development standard that has already been modified
through an incentive as described in Section 60.400.120 or through any other
procedure described in this UDC; or
6) A change to any standard or criteria in Section 60.200.040C HPO – Heritage
Preservation Overlay, Section 60.200.040E FPO – Floodplain Overlay, or Section

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60.200.040F SDO – Shoreland District Overlay, or any requirement of state or

federal law.
C. Variance
1) Purpose
The Variance procedure is intended to allow property owners with unusual lot or site
conditions to request the opportunity to vary standards and criteria in this UDC that cannot
be modified through the Minor Modification or Major Modification procedures, in order to
avoid practical difficulties that would otherwise be created by the strict adherence to the
provisions of this Code, as required in Chapter 462.357 (sub. 6) of the Laws of Minnesota.
2) Applicability
a. The City shall accept an application for a Variance if the Community Development
Director has determined that neither a Minor Modification nor a Major Modification, nor
any other form of flexibility and/or relief authorized in this UDC is sufficient to mitigate
practical difficulties that would be claimed by the applicant by the strict application of the
standards and criteria in this UDC. The Variance shall be the minimum necessary to
afford relief.
b. The Community Development Director’s determination as to the applicability of the
Variance process may not be appealed separately from an appeal of the decision on the
Variance or other form of relief that the Director determines is applicable.
3) Procedure for Variance Approval
a. Applications for a Variance shall comply with all requirements of Section 60.500.030
Common Procedures applicable to decisions that require a public hearing before a
designated authority, unless modified or supplemented by this Section 60.500.070CA.
b. Any approved Variance is only valid for the proposal outlined in the Variance application.
c. For any Variance application that does not involve the standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, the Zoning Board of Appeals shall, within the
time limits stated in this UDC, approve, approve with conditions, or deny an application
for a Variance of any standard or criteria based on the criteria in Subsection 4 below.
d. Upon filing of an application for a variance to standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, the Community Development Director shall
notify the applicant in writing that construction below the flood protection elevation
increases risks to life and property, and that the issuance of a Variance to construct a
structure below the flood protection elevation will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100 of insurance coverage, and the
Director shall maintain a record of each such notification:
e. Upon filing of an application for a variance to standards or criteria in Section
60.200.040E FPO – Floodplain Overlay the Community Development Director shall notify
the Commissioner of Natural Resources of the time, place, and subject matter of the
hearing no less than ten days prior to a hearing. Such notice shall be accompanied by
such supporting information as is necessary to indicate the nature and effect of the
proposed use.

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f. Following approval or approval with conditions of a Variance of the standards or criteria

in Section 60.200.040E FPO – Floodplain Overlay, the Community Development Director
shall:
1) Maintain a record of the Variance action, including the justification for its issuance,
and report such Variances issued in the annual report to the Administrator of the
National Flood Insurance Program, when requested by the Federal Emergency
Management Agency; and
2) Submit a copy of the decision and its justification for issuance to the Minnesota
Commissioner of Natural Resources within 10 days of such action.
g. A decision by the Zoning Board of Appeals to approve, approve with conditions, or deny a
Variance may only be appealed to District Court.
h. A Variance and any conditions and safeguards that are made a part of the terms under
which the Variance was granted are binding upon the applicant and any subsequent
purchaser, heir, or assign of the property, and any violation of a variance or its conditions
and safeguards shall be a violation of this UDC.
4) Findings Required for Variance Approval
An application for a Variance shall be VARIANCE APPROVAL
approved or approved with conditions if
the Zoning Board of Appeals makes COMMUNITY DEVELOPMENT
findings that the following criteria have DIRECTOR REVIEW &
been met: RECOMMENDATION
a. The Variance is consistent with the
Comprehensive Plan and in
harmony with the general purposes ZONING BOARD OF APPEALS
and intent of this UDC. DECISION
b. The applicant proposes to use the
APPEAL TO CITY COUNCIL
property in a reasonable manner
but there are practical difficulties in
achieving that proposed use while indicates public hearing
complying with this UDC.
c. The practical difficulties are unique to the property, are not solely economic
considerations, and have not been created by the landowner. Examples of practical
difficulties that are unique to the property include but are not limited to irregularity,
narrowness, or shallowness of the lot, exceptional topographical or physical conditions,
or inadequate access to direct sunlight for solar energy systems, that are peculiar to the
property that do not apply to other lands within the neighborhood or the same class of
zoning district.
d. If the requested Variance is for earth sheltered construction, the application complies
with Minnesota Stat. 216C.06, Subd. 14.

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e. The Variance will not alter the essential character of the surrounding area, will not be
materially injurious to other property in the area, and will not be materially detrimental to
public health of welfare.
f. The development of the parcel in question cannot be integrated with development of
adjacent lots or parcels under the same or related ownership that would allow
reasonable economic use of the total site consistent with the provisions of this UDC.
g. The Variance will not allow a use otherwise not permitted within the zoning district:
h. The Variance does not involve a change to or exception from a numerical standard that is
included in the definition of a use (such as the maximum number of square feet in a
Neighborhood Retail establishment).
i. For any Variance application that involve the standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, the following additional criteria shall apply:
1) No Variance that would increase in flood levels during the base flood discharge in
any designated regulatory floodway may be approved.
2) No Variance shall have the effect of allowing in any use prohibited in that district,
permit a lower degree of flood protection than the Regulatory Flood Protection
Elevation for the area, or permit standards lower than those required by State law.
3) No Variance shall result in additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
4) The failure to grant the Variance would result in undue hardship to the applicant,
and strict conformity with the standards would be unreasonable, impractical, and
not feasible under the circumstances.
5) The variance is consistent with the general purpose of the flood control standards
and the intent of the state and national laws and programs.
6) The Variance shall be the minimum necessary, considering the flood hazard, to
afford relief.
j. The Board may grant a Variance to the standards in this UDC if it finds that:
1) There has been substantial and detrimental reliance in good faith by an applicant
who has received a permit or certificate issued in error by the administrative official
charged with enforcement of this ordinance, and
2) The mistaken issuance of the certificate or permit is not the result of an action on
the part of the applicant, the property owner, or any other person or party who has
had control of the property, to provide misleading or incorrect information, or to
knowingly withhold information necessary for the administrative official to
accurately review the permit or certificate request.
k. In granting a Variance, the Board may impose such reasonable and appropriate
conditions and safeguards as may be necessary to accomplish the purposes of the
regulations that are to be modified and to reduce or minimize potentially injurious effects

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of the Variance upon adjoining properties, the character of the neighborhood, and the
health, safety, or general welfare of the community, provided that any such conditions
are directly related to and roughly proportional to the impact of the Variance.

Section 60.500.080 NONCONFORMITIES

A. Purpose
The purpose of this Section 60.500.080 is to regulate land uses, buildings, structures, lots, site
features, and signs that were legally established but that do not conform to the requirements of
this UDC as of its effective date or due to later amendments, or have otherwise been rendered
nonconforming due to circumstances that were not self-created. These regulations specify the
circumstances and conditions under which such nonconformities shall be permitted to continue
or expand.
B. General Authority to Continue
1) Nonconformities will be allowed to continue and may be allowed to expand based on the
regulations of this section, unless an additional limit on the continuation or expansion of the
use is stated in another Section of this UDC or unless the nonconforming aspect of the
property or its use or occupancy is discontinued for a period of a year or more. In determining
whether discontinuance has occurred, the City may consider utility bills, sales or other tax
receipts, evidence of listings for sale or lease, or other factors indicative of active use,
occupancy, and/or operation of the nonconforming aspect of the property occurring during
that period,
C. Bringing a Nonconformity into Compliance
The owner of a property containing a nonconformity that was not legally established may bring it
into compliance with this UDC by securing all permits and approvals that would have been
required for the initial development of the property. If such permits and approvals are obtained,
the applicant may be required to submit to the City corrected documentation of the property and
improvements “as-built.”
D. Conditions on Nonconformities
The City may attach reasonable conditions on the expansion, reconstruction, replacement, or
improvement of a nonconformity pursuant to Section 60.500.030E.6) Conditions of Approval,
subject to any limitations imposed by Minnesota state law, including but not limited to those
changes to applicable setbacks required by Minnesota state law.
E. Nonconforming Use
1) Authority to Continue
a. Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, the
legally established nonconforming use of land or a structure shall be allowed to continue
regardless of any change in ownership or occupancy of the use, until that use is
discontinued or another provision of this UDC requires the termination of the use. The

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use may not be enlarged or expanded to occupy a larger area than legally established,
except as specified in Subsection 5 below.
b. Without limiting the generality of Subsection a, any use or occupation of land approved
prior to the Effective Date as a Conditional Use or as a Planned Unit Development shall
be permitted to continue as a lawful use or occupancy. The approved site plan and all
terms, covenants and conditions shall remain in effect and shall continue to control the
use or occupation of such land. Changes or modifications to the use, occupancy, site
design, or interpretations necessary to clarify detail not addressed in the approved plan,
shall be made in accordance with the standards and procedures of this UDC. Where a
Conditional Use or Planned Unit Development has been approved for a site but the
development has not been constructed, the approved plans remain in effect and may be
used to guide the development of the site unless a revised plan is submitted and
approved under this UDC.
2) Repair and Maintenance
Unless limited by Section 60.500.080F Nonconforming Structure, the structure in which a
nonconforming use is located may be maintained, repaired, restored, improved, or altered
subject to the same requirements for permits and approvals applicable to maintenance and
repair of conforming structures.
3) Change of Nonconforming Use
The Community Development Director has the authority to approve a Zoning Certificate to
permit a nonconforming use of land or structure to be changed to a conforming use, or
changed to another nonconforming use, provided the new nonconforming use is of equal or
lesser intensity, and that there are no additional negative impacts to surrounding properties
that result from the new nonconforming use. The Community Development Director’s
determination of possible adverse impacts on surrounding properties shall be based on:
a. Any estimated change in noise, vibration, dust, odor, fumes, glare, or smoke detectable
at the property line;
b. Any estimated change in numbers and kinds of motor vehicle trips to the site;
c. Any change in the amount and nature of outside storage, loading, and parking;
d. Any change in the visual appearance of the site and structures; and
e. Any change in hours of operation.
4) Addition of Parking to a Nonconforming Use
The Community Development Director may approve the addition to or expansion of
nonstructural off-street parking facilities to relieve on-street parking or loading pressures
caused by the nonconforming use, provided that no such additional or expanded parking for
a non-residential nonconforming use is located in a Residential zoning district and a Site
Development Plan for the revised site and parking is approved pursuant to Section
60.500.060B.

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5) Expansion of Nonconforming Use

a. The Community Development Director will approve the expansion of a nonconforming
use within an existing conforming or nonconforming structure, provided that:
1) The expansion does not increase the degree of nonconformity or include the
addition of a secondary structure;
2) All other applicable standards including but not limited to required parking and
landscaping, are met; and
3) The Community Development Director determines that there will not be additional
adverse impacts to surrounding properties, based on the factors listed in
Subsection 3 above.
4) In the MX-T district the gross floor area (for indoor uses) or the gross site area (for
outdoor uses) occupied by a nonconforming use may not be expanded by more
than 25 percent.
5) In all other districts the gross floor area (for indoor uses) or the gross site area (for
outdoor uses) occupied by a nonconforming use may not be expanded by more
than 15 percent.
b. Any proposed expansion of a nonconforming use that requires enlarging an existing
building or adding a secondary structure will be reviewed as a request for a Major
Modification, as described in Section 60.500.070B.
c. The continued excavation of a site for which all required permits and approvals have
been granted, after adoption of an ordinance making that use nonconforming, shall not
be considered an expansion of a nonconforming use.
6) Discontinuance of Nonconforming Use
a. For all properties other than those listed in Subsection b below, any nonconforming use
that is discontinued for a period of one year (or three years if the nonconforming use is
located in a building originally designed as a civic or institutional structure) shall lose its
legal nonconforming status, and any subsequent land use or occupancy shall conform to
all provisions of this UDC, unless within less than one year of the discontinuance, the
Community Development Director approves a substitute use pursuant to Subsection 3
above or the Planning Commission approves the re-establishment of the use after a
public hearing based on a determination that there will not be additional negative
impacts to surrounding properties, based on the factors listed in Subsection 3 above. If
the Planning Commission makes such a decision, it can also permit the re-establishment
of the nonconforming use without the correction of existing building or property
nonconformities.
b. If the Director determines that a nonconforming use has been discontinued, the burden
shall be on the applicant to show that it has not been discontinued through the use of
sales tax, business tax, business licenses, property appearance factors, third party
testimony, or other factors.

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7) Damage to Nonconforming Structure

A nonconforming use that does not have a primary structure, or that occupies a conforming
structure that has not been damaged as described in this Section, but that has been
damaged by fire or other natural cause may be repaired, restored, or replaced to the same
condition it occupied prior to the disaster or other damaging event, subject to the following
limitations:
a. If the use has been damaged to the extent of greater than 50 percent of its estimated
market value, as indicated in the records of the Olmsted County Assessor, the owner
must apply for any required permits or approvals necessary to continue the use or to
reconstructed accessory structures within six months of when the property was
damaged.
b. The repaired use may not have a ground floor footprint or a total gross floor area that is
larger, or a height that is taller than it was before the damaging event occurred unless all
nonconformities have been eliminated.
8) Nonconforming Use Created by Flood District Regulations
a. Where a nonconforming use is created by the standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, and the use is located in a conforming structure,
no request for modification, expansion, or reconstruction of the nonconforming use may
increase the flood damage potential of the use or structure and, if located in a floodway,
may not increase the degree of obstruction to the flood flow, unless otherwise specified
in federal rules and regulations.
b. Where a nonconforming use is created by the standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, and the use is discontinued for more than one
year, the use of the property must thereafter comply with the provision of this UDC.
F. Nonconforming Structure
1) Authority to Continue
Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, a legally
existing nonconforming structure shall be allowed to continue to be occupied for any use that
is permitted in the zoning district where the structure is located, or that is allowed to
continue as a nonconforming use or land without a primary structure pursuant to Section
60.500.080E Nonconforming Use regardless, of any change in ownership or occupancy of
the structure, until another provision of this Section requires the termination of the
occupancy of the structure.
2) Repair and Maintenance
A nonconforming structure containing a confirming or allowed nonconforming use may be
maintained, repaired, restored, improved, or altered subject to the same requirements for
permits and approvals applicable to maintenance and repair of conforming structures. But
no maintenance, repair, or alteration may increase the extent of the nonconformity.

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3) Expansion of Nonconforming Structure
a. A nonconforming structure may be expanded in size, provided that the expansion will not
increase an existing nonconformity or create a new nonconformity.
b. A nonconforming structure located in the MX-T district may be expanded in size up to 50
percent without complying with the otherwise applicable minimum height standard,
provided it does not increase any other existing nonconformity or create any other new
nonconformity.
4) Relocation of Nonconforming Structure
A nonconforming structure may be moved in whole or in part to another location on the lot,
provided that the relocation lessens the extent of the nonconformity of the structure.
5) Damage to Nonconforming Structure
A nonconforming structure that has been damaged by fire or other natural cause may be
repaired or restored to the same condition it occupied prior to the disaster or other damaging
event, subject to the following limitations:
a. If the structure has been damaged to the extent of greater than 50 percent of its
estimated market value, as indicated in the records of the Olmsted County Assessor, the
owner must apply for a building permit within six months of when the property was
damaged.
b. The repaired structure may not have a ground floor footprint or a total gross floor area
that is larger, or a height that is taller than it was before the damaging event occurred
unless all nonconformities have been eliminated.
6) Elimination of a Nonconforming Structure
When a nonconforming structure has been eliminated or removed from a lot, legal
nonconforming status for the structure is terminated, and may not be carried over to any new
structure on the lot. Any proposed new structure shall be required to comply with all
applicable terms of this UDC.
G. Nonconforming Structure Created by Flood District Regulations
A lawful nonconforming structure by the standards or criteria in Section 60.200.040E FPO –
Floodplain Overlay, may continue, subject to the following additional standards.
1) A nonconforming structure must not be expanded, changed, enlarged, or altered in a way
that increases its nonconformity. Expansion or enlargement of nonconforming structures
within the Floodway District is prohibited.
2) Any structural alteration or addition to a nonconforming structure that would result in
increasing the flood damage potential of that structure or use must be protected to the
regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the
State Building Code, except as further restricted in provisions 3. and 4. below.

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Section 60.500.080 Nonconformities Section 60.500.080H: Nonconforming Lot

3) Whenever any alteration, addition or repair to a nonconforming structure exceeds 50 percent

of its current market value as determined from the records of the Olmsted County Assessor,
the entire structure shall be made to conform to all applicable floodplain regulations. This
requirement shall also apply at such time the cumulative effect of all additions, alterations,
or major repairs since the date the structure became nonconforming exceed 50 percent of
the current market value.
4) The alteration, addition, or repair to a nonconforming structure, when the value of such work
does not exceed 50 percent of its current market value as determined from the records of
the Olmsted County Assessor, shall not increase the flood damage potential of the structure.
Repair of a nonconforming structure, if located in the floodway, shall not increase the degree
of obstruction to the flood flow.
5) If active use or occupancy of a nonconforming structure is discontinued for more than one
year, the use of the structure must thereafter conform to the floodplain provisions of this
UDC.
6) If any nonconforming structure is substantial damage, it may not be reconstructed except in
conformity with the provisions of this UDC. The applicable provisions for establishing new
uses or new structures will apply depending upon whether the use or structure is in the
Floodway, Flood Fringe or Flood Prone Districts, respectively.
7) If any nonconforming structure experiences a repetitive loss, it must not be reconstructed
except in conformity with the provisions of this UDC.
8) Any substantial improvement to a nonconforming structure requires that the existing
structure and any additions must meet the requirements of this UDC for new structures.
9) Where a nonconforming structure located in the FPO – Floodplain District Overlay is
extended or substantially altered, the as-built documentation required shall specifically state
the manner in which the nonconforming structure differs from the flood protection standards
and criteria in this UDC.
H. Nonconforming Lot
1) A nonconforming lot of record may be used for any land use permitted in the zoning district in
which the lot is located, provided that all other requirements of this UDC are met.
2) A conforming structure on a nonconforming lot may be enlarged or expanded provided it
meets all of the applicable UDC standards for the zoning district in which the property is
located.
3) Construction on Nonconforming Lots within SDO – Shoreland District Overlay
a. Lots of record in the office of the County Recorder on February 22, 1995, that are
located in the SDO – Shoreland District Overlay and that do not meet the minimum lot
area and width standards of the underlying zoning district may be allowed as buildable
lots, provided that
1) The use is permitted in the zoning district;

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Section 60.500.080 Nonconformities Section 60.500.080H: Nonconforming Lot

2) The lot has been in separate ownership from abutting lands at all times since it
became substandard;
3) The lot was created in compliance with official controls in effect at the time;
4) All structure and septic system setback distances are met;
5) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080
can be installed or the lot is connected to a public sewer; and
6) The impervious surface coverage does not exceed 25 percent of the lot.
b. A Variance from setback requirements pursuant to Section 60.500.070C must be
obtained before any use, sewage treatment system, or building permit is issued for a lot.
In evaluating the Variance, the Board of Adjustment shall consider sewage treatment and
water supply capabilities or constraints of the lot and shall deny the variance if adequate
facilities cannot be provided.
c. In a group of two or more contiguous lots of record under a common ownership, an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development if it meets the following requirements:
1) The lot must be at least 66 percent of the minimum dimensional standard for lot
width and lot size for the shoreland classification consistent with Minnesota Rules,
Chapter 6120;
2) The lot must be connected to a public sewer, if available, or must be suitable for
the installation of a Type 1 sewage treatment system consistent with Minnesota
Rules, Chapter 7080, and applicable City sewer treatment standards;
3) Impervious surface coverage must not exceed 25 percent of each lot; and
4) Development of the lot must be consistent with an adopted comprehensive plan.
d. A lot subject to Subsection c above that does not meet the requirements of Subsection c
must be combined with the one or more contiguous lots so they equal one or more
conforming lots to the maximum extent practicable.
e. Notwithstanding Subsection c, contiguous nonconforming lots of record in shoreland
areas under a common ownership must be able to be sold or purchased individually if
each lot contained a habitable residential dwelling at the time the lots came under
common ownership and the lots are suitable for, or served by, a sewage treatment
system consistent with the requirements of Minnesota Statutes 115.55 and Minnesota
Rules, Chapter 7080, or connected to a public sewer.
f. In evaluating all Variances, Zoning and Building Permit applications, or Conditional Use
Permit requests, the decision-making body shall require the property owner to address,
when appropriate, storm water runoff management, reducing impervious surfaces,
increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and
water supply capabilities, and other conservation-designed actions.
g. A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements

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Section 60.500.080 Nonconformities Section 60.500.080I: Nonconforming Site Feature

of the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
I. Nonconforming Site Feature
For purposes of this Section 60.500.080I, nonconforming site features include any failure to
comply with the standards of Section 60.400.060 Landscaping, Bufferyards, and Fences;
Section 60.400.070 Site and Building Design; Section 60.400.080 Parking, Loading, and
Stacking; or Section 60.400.100 Exterior Lighting.
1) Authority to Continue
Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, a lot or
parcel with a legally established nonconforming site feature shall be allowed to continue to
be occupied for any use that is permitted in the zoning district where the structure is located,
regardless of any change in ownership or occupancy of the structure, until another provision
of this Section requires the remediation of the nonconforming site feature.
2) Repair and Maintenance
Upon issuance of a zoning certificate by the Community Development Director, a
nonconforming site feature may be maintained, repaired, or altered. However, changes to
the property described in Sections 60.500.080.G.3, 4, and 5 may require termination of the
nonconforming site feature, and its replacement with features that conform to the
regulations of this UDC.
3) Expansion of Nonconforming Site Features
Nonconforming site features shall not be expanded in any way that would increase the
degree of nonconformity, but the addition of nuisance abatement measures such as fences,
screening, landscaping, drainage controls, the permanent all weather surfacing of yards or
parking areas, and the addition of security features such as lighting and temporary buildings
that would reduce security risks in the area is permitted subject to the same permits and
approvals applicable to changes to conforming site features.
4) Required Degree of Conformance During Changes to Uses or Structures
When permitted changes to or expansions of nonconforming uses or nonconforming
structures pursuant to Section 60.500.080E, Section 60.500.080F, or Section 60.500.080G
are made, nonconforming site features shall be brought into or closer to compliance with this
UDC as follows:
a. Nonconforming Parking
1) Any request to increase the gross floor area of the primary structure on the site that
would require an increase in parking of less than 50 percent of the total number of
parking spaces normally required, as described in Table 400.08-1, Minimum and
Maximum Vehicle Parking Required, shall be required to provide additional parking
only for the new portion of the development.
2) Any request to increase the gross floor area of the primary structure on the site that
would require an increase in parking of more than 50 percent or more of the total

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Section 60.500.080 Nonconformities Section 60.500.080J: Nonconforming Signs

number of parking spaces normally required, as described in Table 400.08-1,

Minimum and Maximum Vehicle Parking Required, shall be required to provide all
required parking, thus bringing the site into conformity with the provisions of this
UDC.
b. Other Nonconforming Site Features
Nonconforming site features other than parking shall be brought into or closer to
compliance with this UDC to the same degree required for similar changes or expansions
to conforming uses and structures.
J. Nonconforming Signs
1) Authority to Continue
a. Legally constructed billboards and other signs are nonconforming signs and may
continue, subject to the regulations of this Section 60.500.080J.
b. Any billboard or sign in an annexed area that had been legally established at the time of
Annexation of Land shall be permitted to continue, and shall be treated as a legal
nonconforming sign.
c. Any billboards or signs in annexed areas that were not legally established are not
authorized to continue. Such billboards and signs are illegal and must be removed
immediately upon notice to the sign owner.
d. When the use of any nonconforming sign has been discontinued for a period of one year,
regardless of any intent to resume or not to abandon such use, that sign shall be
presumed to be abandoned and shall not thereafter be reestablished except in full
compliance with this Section 60.500.080J.
2) Repair and Maintenance
The maintenance and minor repair of a nonconforming billboard or sign is permitted.
3) Modification of Nonconforming Sign
a. No nonconforming billboard or sign may be moved in whole or in part to any other
location where it would remain nonconforming.
b. A new nonconforming billboard shall only be erected in compliance with the City’s Sign
Credit program.
1) Erection of a new billboard requires the removal of an equivalent amount of sign
area from an existing billboard. In the case of a billboard with two faces, only the
area removed from one face of the sign shall count towards the area permitted on
a new billboard.
2) Removal of sign area generates a sign credit, valid for two years from date of
issuance.
3) Expired sign credits shall not be restored.

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Section 60.500.090 Violations, Enforcement, and Penalties Section 60.500.090A: Responsibility

4) A sign permit for the new billboard using the sign credit must be submitted for
review by the Community Development Director prior to the expiration of the sign
credits.
5) A sign credit may only be used in a location that meets all standards of this UDC,
including but not limited to Section 60.400.110 Signs.
6) Credits may be transferred between parties.
4) Removal of Nonconforming Signs by Public Entity
a. If a nonconforming billboard is removed as a result of condemnation initiated by the City,
the sign owner shall be entitled to financial compensation or a sign credit, but not both.
b. The City retains the right to determine whether the sign owner shall be offered choice
between a sign credit and financial compensation, or only be offered financial
compensation.
c. If a nonconforming billboard is removed by a public entity other than the City, the sign
owner will not be entitled to a sign credit.
5) Damage to Nonconforming Sign
a. Any nonconforming billboard that requires maintenance or repair equal to or greater than
50 percent of the market value of the sign shall obtain a permit for repair within six
months of when the damage occurs, or the sign shall be required to be removed or
brought into compliance with the requirements of Section 60.400.110 Signs.
b. A damaged sign that has not obtained a permit for repair within the specified timeframe
must be removed within 60 days of the date of receipt of removal notice from the
Community Development Director.
6) Termination by Abandonment
When the use of a billboard has been discontinued for one year, it shall be presumed to be
abandoned. If a determination of abandonment is made by the Community Development
Director, the owner of the sign may appeal the finding to the Zoning Board of Appeals by
submitting evidence that the sign is still in use, legal, and conforming to the standards in this
UDC. Following a determination of abandonment by the Director or the failure of an appeal to
the Zoning Board of Adjustment, an abandoned billboard may not be re-established, and
shall be removed within 90 days after written notice from the City to do so.

Section 60.500.090 VIOLATIONS, ENFORCEMENT, AND PENALTIES

A. Responsibility
Each property owner is responsible to ensure that all persons using the property, whether
tenants, lessors, sublessors, occupants, operators, or others, comply with all applicable
standards of this UDC.
B. City Policy on Compliance
It is the policy of the City that this Section will normally be served best if the Community
Development Director first seeks to have a violation brought into compliance.

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Section 60.500.090 Violations, Enforcement, and Penalties Section 60.500.090C: Types of Violation

C. Types of Violation
1) Failure to comply with any standard, regulation, of requirement of this UDC or any regulation
adopted by a City department or agency under authority granted by this UDC.
2) Failure to comply with any condition attached to a permit or approval by the City under this
UDC.
3) Engaging in the division of land for sale or development in any way that does not comply with
the standards, criteria, and procedures for approval of a Minor or Major Land Subdivision
Permit or a Final Plat under this UDC.
4) Transferring title to any lot, tract, or parcel of land before any subdivision plat required for
this UDC has been approved and the approved plat has been filed with the Olmsted County
land records for the county or counties in which the property is located.
5) Submitting for recording in the Olmsted County land records any subdivision plat that has not
been approved under this UDC.
6) Obtaining a permit or approval under this UDC through submittal of inaccurate or misleading
information, or through making inaccurate or misleading statements at a public hearing,
regarding the proposed development, the conditions of the land on which the proposed
development is located, or conditions on adjacent parcels.
7) Obstructing or removing any notice required to be posted or otherwise given under this UDC.
8) Failure to complete required improvements.
D. Notification
Whenever a violation of this UDC is known or suspected to exist or expected to be committed,
any person may notify the Community Development Director of the violation. All officers and
agencies of the City shall notify the Community Development Director of any information that
suggests that a violation exists or is expected to be committed.
E. Investigation of Violations
1) Upon receiving any information that suggests a violation, the Community Development
Director shall conduct an investigation to determine whether a violation exists or is
reasonably expected to be committed.
2) The Community Development Director is hereby empowered to cause any building, structure,
or tract of land to be inspected and examined.
3) Where necessary, the Community Development Director may call upon the Chief of Police for
assistance.
4) If the Community Development Director determines that it is necessary for the City to employ
the services of any qualified expert to advise in establishing whether or not a violation has
occurred, the expert’s fee shall be paid by the violator if said violation is established,
otherwise it shall be paid by the City.

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Section 60.500.090 Violations, Enforcement, and Penalties Section 60.500.090F: Notice of Violation

F. Notice of Violation
1) The Community Development Director shall, upon a determination that a violation exists or is
reasonably expected to be committed, promptly give notice of violation by regular mail, or by
personal service to the owners of record for tax purposes of the property involved.
2) The notice of violation shall indicate the location and nature of the violation, the provision(s)
or of the UDC that have been or are expected to be violated, and whether immediate
enforcement will be sought or up to 30 days allowed to correct or remove the violation.
3) A defect in the notice of violation with respect to any such matters shall not prevent the
enforcement of this UDC.
G. Discontinuance of Work
Once the notice of violation has been served, no work shall proceed on any development covered
by such orders, except in a manner consistent with those orders and this UDC. It shall be a
separate misdemeanor violation for any person to continue any development in a manner
inconsistent with the orders or this UDC.
H. Enforcement After Expiration of Time Period
1) If the time period provided in the notice of violation has elapsed and the alleged violation has
not been corrected or brought into compliance, the Community Development Director shall
consult with the City Attorney, and the City Attorney shall initiate any legal or equitable action
deemed appropriate.
2) The City Attorney shall not initiate any legal or equitable action if:
a. An appeal of the notification of violation has been filed with the Community Development
Department, or
b. The City Council or court of competent jurisdiction has stayed enforcement pending the
outcome of a proceeding before it concerning the violation.
3) The Community Development Director shall act as a complaining witness when necessary to
initiate a criminal action against a violation.
4) If a Development Agreement has been executed and security has been posted and required
public improvements are not installed pursuant to the terms of the Agreement, the City may:
a. Declare the Agreement to be in default and require that all public improvements be
installed regardless of the extent of completion of the development at the time the
agreement is declared to be in default;
b. Obtain funds pursuant to the surety and complete the public improvements by itself or
through a third party;
c. Assign its right to receive funds pursuant to the surety in whole or in part to any third
party, including a subsequent owner of the subdivision or addition for whom the public
improvements were not constructed, in exchange for the subsequent owner's Agreement
to complete the required public improvements; and/or
d. Exercise any other rights available under the law.

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Chapter 60.500: Procedures and Administration
Section 60.500.090 Violations, Enforcement, and Penalties Section 60.500.090I: Penalties

I. Penalties
Any person, firm, or corporation violating any of the provisions of this UDC is guilty of a
misdemeanor. Each and every day during which such violation continues shall be deemed to be
a separate offense. Fines and imprisonment are appropriate as a penalty for violations and a
deterrent against future violations.

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Chapter 60.600: Definitions
Section 60.600.010 Rules of Construction Section 60.600.010A: Purpose

Chapter 60.600 Definitions

Section 60.600.010 RULES OF CONSTRUCTION
A. Purpose
The provisions of this Section 60.600.010 are intended to establish guidelines to follow in
clarifying ambiguities that may arise regarding the meaning of text in the UDC, the interpretation
of the zoning map it incorporates, or the application of rules and regulations adopted pursuant to
the UDC.
B. Rules of Construction
All words and terms used in this UDC have their commonly accepted dictionary meaning unless
they are specifically defined in this UDC or the context in which they are used clearly indicates to
the contrary. The following rules of construction apply:
1) All words used in the present tense include the future tense.
2) All words used in the singular number include the plural, and words in the plural number
include the singular.
3) The masculine gender shall include the female and neutral.
4) The word “shall” is mandatory, and not discretionary, and the word “may” is permissive.
5) The word “building” shall include the word “structures.”
6) The phrase “used for” includes the phrases “arranged for,” “designed for,” “intended for,”
“maintained for,” and “occupied for.”
7) The words “land,” “property”, “parcel,” “premise,” and “tract” are all interchangeable unless
the context clearly indicates to the contrary.
8) The word “individual” includes a “firm,” “association,” “organization,” “partnership,” “trust,”
“company,” or “corporation” as well as a single individual.
9) When the UDC states that an act may be performed by an employee holding a certain
position within the City, that act may be performed by that employee’s designated agent or
assistant.

Section 60.600.020 RULES OF MEASUREMENT

A. Rounding of Numeral Requirements
The application of UDC standards resulting in fractional requirements shall be treated in the
following way:
1) Off-Street Parking Spaces
The requirement for a fractional space shall be rounded up to the next whole number,
resulting in the provision of one full space.

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Chapter 60.600: Definitions
Section 60.600.020 Rules of Measurement Section 60.600.020B: Parking Space Calculation

2) Setbacks
a. No rounding of fractional requirements shall occur. When checking actual on-site
measurements, the Community Development Director shall recognize the inherent
difficulty in providing for an exact building location and shall permit minor deviations to
occur as long as the spirit and intent of the UDC is met.
b. Setbacks shall be measured from the wall of a structure.
3) Density or Floor Area
Calculations resulting in a fractional unit may be rounded up to the next whole number.
4) Height
No rounding of fractional requirements shall occur. When checking actual on-site
measurements, the Community Development Director shall recognize the inherent difficulties
in establishing final grade lines during construction and shall permit minor deviations to
occur as long as the spirit and intent of the UDC is met.
5) Plant Materials
Calculations resulting in provision of a fractional plant unit shall be rounded up to the next
whole number.
B. Parking Space Calculation
The following shall be used in determining the number of off-street parking spaces required.
1) Floor Area
In the case of office, merchandising and business and personal service uses, “floor area”
shall mean the gross floor area used or intended to be used by tenants for their primary
business activity or for service to the public as customers, patrons, clients, or patients,
including areas occupied by offices, public areas, or the display of merchandise. It shall not
include areas used principally for non-public purposes, such as storage, the incidental repair,
processing, or packaging of merchandise, for show windows, for restrooms, areas devoted to
mechanical equipment, or for dressing rooms.
2) Places of Public Assembly
In places of public assembly where patrons occupy benches, pews, or other similar seating
facilities, each 20 inches of seating shall be counted as one seat for the purpose of
determining the requirements of off-street parking.
3) Employee(s)
Reference to “employees on the largest work shift” means the maximum number of
employees employed at the facility regardless of whether such person is a full time
employee. The largest work shift may be a particular day of the week, daily work shift, or
peak period such as the lunch or dinner period in the case of a restaurant.

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Section 60.600.020 Rules of Measurement Section 60.600.020C: Computation of Time

4) Capacity
The maximum number of persons that may be accommodated by the use as defined by
building or fire code requirements.
C. Computation of Time
For purposes of calculating required public notice periods or time periods related to the filing or
processing of applications under the UDC, unless this UDC specifically states that the
measurement is based on “calendar days”, shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period or duration of time. When the last day of a
period falls on a Saturday, Sunday, or legal holiday, that day shall be omitted from the
computation.
D. Rules of Measurement Separation Requirements
Where this UDC requires separation between uses, such distance will be measured from the
property line of the existing use to the boundary line of the proposed use.

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Chapter 60.600: Definitions
Section 60.600.030 Definitions

Section 60.600.030 DEFINITIONS

ABUT
To share a common lot line for a distance greater than a point.

ABUTTING

Lots, buildings, uses, or other features regulated by this UDC share a common lot line for a distance
greater than a point. Lots that are separated by a street, right-of-way, platted alley, trail, or railroad
track are not abutting.

ACCESS
A way or means of approach to provide physical vehicular entrance to a property.

ACCESS ROADWAY
A roadway, privately owned and maintained and established on an easement or common area,
providing joint right of access for more than four lots.

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use located or conducted upon the same lot (or on a contiguous lot in the
same ownership) as the primary building, structure or use to which it is related, that is 1) clearly
incidental to, and customarily found in connection with, such primary building or use and 2) is
operated and maintained for the benefit or convenience of the owners, occupants, employees,
customers, or visitors of the lot.

ACCESSORY DWELLING UNIT, ATTACHED

A subordinate dwelling unit added to or created within a primary structure that provides basic
requirements for living, sleeping, cooking, and sanitation.

ACCESSORY DWELLING UNIT, DETACHED

A subordinate dwelling unit detached from a primary structure, but located on the same lot or parcel,
that provides basic requirements for living, sleeping, cooking, and sanitation. A recreational vehicle,
travel trailer, camper, or similar vehicle shall not be used as a detached accessory dwelling unit.

ADEQUATE BUILDABLE AREA

An area that can accommodate a typical building anticipated for development on the lot after
considering building setbacks, building envelopes, required parking areas and landscaping
requirements.

ADJACENT

Lots, buildings, uses, or other features regulated by this UDC that would be bordering or touching
except for an intervening street, right-of-way, platted alley, trail, or railroad track, if the lot lines for
the properties containing the building, use, or other feature in question were extended across the

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Chapter 60.600: Definitions
Section 60.600.030 Definitions

intervening street, right-of-way, platted alley, trail, or railroad track, until they intersected, unless
otherwise stated in this UDC.

ADULT BODY PAINTING STUDIO

An establishment or business that provides the service of applying paint or other substance whether
transparent or nontransparent to or on the body of a patron when such body is wholly or partially
nude in terms of “specified anatomical areas.”

ADULT BOOKSTORE
A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures,
slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public
generally but only to one or more classes of the public, excluding any minor by reason of age, or if a
substantial or significant portion of such items are distinguished or characterized by an emphasis on
the depiction or description of “specified sexual activities” or “specified anatomical areas”. The
phrase “substantial or significant portion of such items” as used in the definition of an adult
bookstore means at least 25 percent of the inventory, stock and trade, or publicly displayed
merchandise, or at least 25 percent of the floor area of the business (not including storerooms,
stock areas, bathrooms, basement or any portion of the business not open to the public).

ADULT CABARET
An establishment that provides dancing or other live entertainment, if such establishment excludes
minors by virtue of age (except any business licensed under Rochester Code of Ordinance Chapter
125A) or if such dancing or other live entertainment is distinguished or characterized by an
emphasis on the performance, dedication, or description of “specified sexual activities” or “specified
anatomical areas.”

ADULT COMPANIONSHIP ESTABLISHMENT

A companionship establishment as defined in Rochester Code of Ordinances Section 105-01 that
excludes minors by reason of age, or provides the service of engaging in or listening to conversation,
talk or discussion between an employee of the characterized by an emphasis on “specified sexual
activities” or “specified anatomical areas”.

ADULT ENTERTAINMENT
Adult bookstores, adult motion pictures theaters, adult mini-motion picture theaters, adult massage
parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels,
adult body painting studios, and other adult establishments.

ADULT ESTABLISHMENT
A business that is conducted exclusively for the patronage of adults and specifically excludes minors
from patronage either by law or by the operators of such business and offers its patrons services or
entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing,
or relating to specified sexual activities or specified anatomical areas.

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Chapter 60.600: Definitions
Section 60.600.030 Definitions

ADULT HOTEL
A hotel that specifically excludes minors from patronage and wherein material is presented that is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas.

ADULT MASSAGE PARLOR, HEALTH CLUB

A massage parlor as required to be licensed by Rochester Code of Ordinances Chapter 115 or a
health club that restricts minors by reason of age, and provides the services of massage, if such
service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified
anatomical areas”.

ADULT MINI-MOTION PICTURE THEATER

A business premises within an enclosed building with a capacity for less than 50 persons used for
presenting visual media material if such business as a prevailing practice excludes minors by virtue
of age, or if said material is distinguished or characterized by an emphasis on the depiction or
description of “specified sexual activities” or “specified anatomical areas” for observation by patrons
therein.

ADULT MODELING STUDIO

An establishment whose major business is the provision, to customers, of figure models who are so
provided with the intent of providing sexual stimulation or sexual gratification to such customers and
who engage in specified sexual activities or display specified anatomical area while being observed,
painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.

ADULT MOTION PICTURE ARCADE

Any place to which the public is permitted or invited wherein coin or slug-operated or electronically or
mechanically controlled still or motor picture machines, projectors, or other image-producing devices
are maintained to show images to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER

A business premises within an enclosed building with a capacity of 50 or more persons used for
presenting visual media material if said business as a prevailing practice excludes minors by virtue
of age, or if said material is distinguished or characterized by an emphasis on the depiction or
description of “specified sexual activities” or “specified anatomical areas” for observation by patrons
in the establishment.

ADULT NOVELTY BUSINESS

A business that has as a primary activity the sale of devices that simulate human genitals or devices
that are designed for sexual stimulation.

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Section 60.600.030 Definitions

ADULT SAUNA
A sauna as defined in Rochester Code of Ordinances Chapter 115, that excludes minors by reason of
age, or provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or
reducing, using steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by
the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or
“specified anatomical areas”.

AFFECTED PARTY
For purposes of this UDC, the phrase includes any applicant, the owner or occupant of the property
under consideration if different from the applicant, and any owners of adjacent properties who are
entitled to receive a notice of public hearing or a notice of action for the application involved. An
individual may qualify as an affected party upon showing that he owns, controls, leases, or otherwise
has an interest in property that will be substantially and directly affected by a proposal and that is
located within 350 feet of the boundary of the property involved in the proposal.

AGRICULTURE PRODUCTION
Establishments engaged in the production of crops, plants, or vines, including forestry, and the
incidental sale of produce raised on the premises to individuals, or establishments in existence on
January 1, 1992 that are engaged in the keeping, grazing, or feeding of livestock for sale, value
increase, or livestock increase. This use also includes establishments that provide support to the
agricultural community including but not limited to those engaged in elevators, soil preparation
services, crop services, farm management services, breeding services, experimental farms for
research or educational services, and small scale farm product processing such as cider mills,
dairies, poultry, or meat processing, and commercial stable operations, including riding stables, but
not including any use meeting the definition of Agricultural Retail.

AGRICULTURE RETAIL
Establishments and related land areas that are primarily engaged in providing services related to or
conducting the sale at retail of farm equipment sales and repair, farm produce sales and supply,
horticulture and floriculture products, including nurseries, greenhouses, and other places used to
raise flowers, shrubs, and plants for later retail or wholesale; lawn and garden services; ornamental
shrub and tree services. These enterprises typically produce their own stock, unlike a garden center
that imports from other establishments the products it sells at retail.

AISLE
As used in regulations related to parking, a traveled way in a parking lot by which cars enter and
depart parking spaces.

ALCOHOLIC BEVERAGE
Any beverage containing more than one-half of one percent alcohol by volume.

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ALLEY
A public or private street primarily designed to serve as secondary access to the site or rear of those
properties whose primary frontage is on some other street.

ALTERATION (OF A BUILDING)

See Structural Alteration (of a Building).

ANIMAL FEEDLOTS
A lot or building or combination of lots and buildings intended for the confined feeding, breeding,
raising, or holding of animals exceeding 10 animal units and specifically designated as a
confinement area where manure may accumulate, or where the concentration of animals is such
that a vegetative cover cannot be maintained within the enclosure. A pasture shall not be considered
an animal feedlot.

ANIMAL HUSBANDRY
The keeping of domestic animals, such as horses, dogs, cats, bees, not primarily for produce or value
increase but rather for show, sport, or as pets.

ANIMAL UNIT
A unit of measure used to compare differences in the production of animal manure that employs as
a standard the amount of manure produced on a regular basis by different types of animals. For
purposes of this UDC, the animal unit or animal unit calculation measure shall be the same unit of
measure currently used by the Minnesota Pollution Control Agency in Chapter 7020 of the Minnesota
Rules relating to animal feedlots and storage, transportation, and use of animal manure.

ANNEXATION (OF LAND)

The addition of a land area into the City under the process outlined in Minnesota Statute Section
414 with a resulting change in the boundaries of the City.

ARCADE
A covered passageway, typically found at street level and often comprised of a series of arches
supported by columns, which is accessible and open to the public.

ARCHERY RANGE
An area or facility designated or operated primarily for the use of an archer, bow and arrow, long
bow, recurve bow, compound bow, or crossbow.

ART GALLERY, MUSEUM, AND LIBRARY

A facility or area that is open to the public and is intended for the acquisition, preservation, study,
and exhibition of works of artistic, historical, or scientific value.

ART STUDIO AND WORKSHOP

A facility that includes work or teaching space for one or more artists, artisans, or musicians.

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ARTISAN MANUFACTURING
Application, teaching, making, or fabrication of crafts or products by an artist, artisan, or craftsperson
either by hand or with minimal automation and may include direct sales to consumers, in a facility
not exceeding 10,000 square feet in gross floor area. This definition includes uses such as small-
scale fabrication, manufacturing, and other industrial uses and processes typically not permitted in
non-industrial zoning districts such as welding and sculpting.

AUDITORIUM OR CIVIC CENTER

A hall or seating area, generally enclosed, where an audience views a musical or theatrical
performance, concert, sporting, or other entertainment event.

AUTOMOTIVE CENTER
An establishment that is engaged in both the retail sales of a limited or full range of vehicle parts
and fuels and the repair and maintenance of automobiles and light trucks. Self-service, automated,
or full service car washes as a primary use of property are included in this.

AUTOMOTIVE DEALERSHIP
An establishment engaged in the retail sale, leasing, repair and servicing of automobiles and light
trucks, where vehicles for sale are on display in a showroom or on a lot for the traveling public.

AUTOMOTIVE REPAIR SERVICES, MAJOR

Establishments involved in the major repair of automobiles and light trucks, where the service is non-
routine in nature, affecting major structural or mechanical components of the vehicles, that may
involve storage of the vehicle for multiple days on the site. The repair of all other classes of trucks
and motor homes is included.

AWNING
A fixed or retractable shelter projecting from and supported by the exterior wall of a building
constructed of non-rigid materials on a supporting framework, often made of wood, cloth, vinyl, or
other flexible material.

BALCONY
A porch or other partially enclosed exterior platform designed for outdoor use attached to the upper
floors of a building.

BAR OR TAVERN
An establishment primarily engaged in the selling of drinks for consumption on the premises, where
entertainment and the incidental sale of prepared food for consumption on the premises are
permitted accessory uses. These establishments may charge a fee or admission charge for the
entertainment provided. Included in this category are bars, beer gardens, discotheques, night clubs,
taverns, hookah bars, and dance halls.

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BASEMENT
Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground
level) on all four sides, regardless of the depth of excavation below ground level.

BED AND BREAKFAST

The commercial rental of bedrooms within a private residence, providing temporary
accommodations, and typically including a morning meal to overnight guests.

BEDROOM
In a multifamily or attached dwelling, a private room planned and intended for sleeping, separated
from other rooms by a door, and accessible to a bathroom without crossing another bedroom or
other living area.

BIKEWAY
A Bikeway shall mean either of the following:

Bicycle Lane
A portion of the roadway designated for bicycles by striping, signage, and/or pavement markings
for preferential or exclusive use of bicycles. Bike lanes must be located on both sides of the
road to accommodate bicyclists traveling in the same direction as the adjacent vehicular lane.

Bicycle Path
A facility physically separated from the roadway and intended for bicycle use. A bicycle path is
designed for the use of two lane, two-way bicycle traffic. Paths may be located within open
space through a development, along an abandoned rail line or adjacent to an existing road.

BLANK WALL
A wall (including building façades and retaining walls) if it meets any of the following:

1. A wall or portion of a wall with a surface area of at least 400 square feet having both a length
and a width of at least 10 feet without a transparent window or door, building modulation at
least one foot in depth, or other architectural feature;
2. Any portion of a wall between three and 13 feet above ground level with a horizontal
dimension longer than 15 feet without a window, door, building modulation at least one foot
in depth, or other architectural feature including art work (such as mosaic, mural, sculpture,
or relief), or qualifying landscaping. Qualifying landscaping includes a landscape planting bed
at least five feet wide or a raised planter bed at least two feet high and three feet wide in
front of the wall with planting materials that are sufficient to obscure or screen at least 35
percent of the wall’s surface within three years.

BLOCK
A parcel or group of parcels forming a unit of land bounded on all sides by a street or other
transportation routes or by physical barriers such as water, or public open space.

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BLUFF
A topographic feature such as a hill, cliff, or embankment having the following characteristics (an
area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be
considered part of the bluff):
1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
3. The grade or slope from the toe of the bluff to a point 25 feet or more above the ordinary
high water level averages 30 percent or greater; and
4. The slope must drain toward the waterbody.

BLUFF, TOE OF THE

The lower point of a 50-foot segment with an average slope exceeding 18 percent.

BLUFF, TOP OF
The higher point of a 50-foot segment with an average slope exceeding 18 percent.

BOARD OF APPEALS
The Zoning Board of Appeals of the City of Rochester, Minnesota.

BOULEVARD
That portion of the right-of-way outside the vehicle travel lanes that may contain sidewalks,
landscaped area, infrastructure, or amenities.

BOULEVARD TREEGREEN FACILITIES AGREEMENT

An agreement between an applicant and the City to ensure the timely installation of required
boulevard trees, which may include but is not limited to terms addressing the latest date by which
boulevard trees must be installed, requirement(s) to submit a cash escrow, surety bond, or letter of
credit, and terms upon which the City will release such required financial security.

BUFFERYARD
A unit of yard together with the plantings required thereon designed to mitigate nuisance between
abutting land uses or between a land use and a public street.

BUILD-TO LINE
The line at which construction of a building, excluding porches, bay windows, covered porches,
decks, and patios, is to occur on a lot. A build-to line typically runs parallel to the front property line
and is established to create an even building façade line on a street.

BUILDABLE AREA
The area of a lot remaining after the minimum yard or setback requirements of this UDC have been
met.

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BUILDING
Any structure used or intended for supporting or sheltering any occupancy. Where roofed structures
are separated from each other by party walls having no openings for passage, each portion so
separated shall be deemed a separate building.

BUILDING CODE
Rochester Code of Ordinances Chapter 50.

BUILDING CODE, STATE

The Minnesota State Building Code, setting forth standards for the construction, addition,
modification, and repair of buildings and other structures for the purpose of protecting the health,
safety, and general welfare of the public, that has been adopted by the City of Rochester.

BUILDING FRONT
The wall of a building that faces the front lot line of a lot.

BUILDING LINE
A line parallel to the front lot line at a distance equal to the minimum depth of the front yard required
for the zoning district where the lot is located.

BUILDING PERIMETER
The horizontal distance measured along those walls from which, when viewed from above, lines
drawn perpendicular to the wall will intersect a lot line without intersecting another wall of the
building.

BUILDING, PRIMARY
A building in which is conducted, or that is intended to be conducted, the primary use of the lot on
which it is located.

BUILDING, TEMPORARY
See Structure, Temporary

BUSINESS OR PERSONAL SERVICE

An establishments primarily engaged in providing services involving the care of a person or his or her
apparel or rendering services to business establishments on a fee or contract basis, such as barber
shops, clothing rental, tattoo or piercing parlor, photographic studios, cleaning and garment services
(but not including power laundries or dry cleaning plants), coin operated laundries, advertising and
mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply
services computer programming/data processing services, locksmiths, and repair of business or
household goods and equipment generally weighing less than 25 pounds.

BUSINESS CENTER
A building or group of buildings planned, constructed, and managed as a single entity, and generally
with common on-site parking for a group of commercial, office, or service establishments.

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Section 60.600.030 Definitions

BUSINESS PARK
A development planned as a total entity for a group of commercial, light industrial, office or service
establishments with coordinated standards for lighting, sign, grading, landscaping, and storage and
with development-level controls on trip generation.

CALIPER
A nursery stock measurement in inches of tree trunk diameter used to standardize plant size. Trunk
caliper for trees up to four inches is to be measured six inches above the soil line and trees greater
than four inches in caliper are measured 12 inches above the soil line.

CAMPGROUND OR RV PARK
An establishment engaged in providing overnight or short-term sites for the placement of
recreational vehicles or temporary housing, with or without facilities such as water and electricity.
This does not include long-term storage or Recreational Vehicles.

CANOPY PLANTING OR TREE

Trees and plantings consisting of a single stem or multi-stem trunk, that is characterized by an oval,
round, or umbrella-shaped overhead crown that provides significant shade as the tree or planting
reaches maturity. At maturity a canopy planting or tree will normally be a minimum of 35 feet in
height. Not all canopy plantings or trees can be expected to reach that height in an urban setting,
however, the normal height as depicted by the University of Minnesota or the Minnesota Department
of Transportation is acceptable.

CAPACITY
The maximum number of persons that may be accommodated by a development as determined by
building code or fire code requirements.

CARNIVAL OR FESTIVAL
A temporary festival typically offering amusement rides, variety shows, or other entertainment.

CARPORT
A shelter for one or more automotive vehicles that is open on at least two sides, formed by a roof
projecting from the side of a building or a detached structure of the same type.

CEMETERY
Land used or intended to be used for the burial of the dead, including animals, and dedicated for
cemetery purposes. Permitted uses include a columbarium, mausoleum, or crematorium.

CERTIFICATE OF APPROPRIATENESS
A permit issued by the Heritage Preservation Commission granting an applicant approval for the
alteration, change, demolition, relocation, excavation, or new construction of a structure within a
local historic or conservation district.

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CHAIN-LINK FENCE
A fence of steel or aluminum posts and wires woven into a diamond pattern that may have a
galvanized, painted or vinyl coated exterior finish.

CHANGE OF USE
A use that differs from the previous use of a building or land in terms of major retail product mix,
services offered, production methods, type, or intensity of residential use.

CHILD
An individual who has not reached 18 years of age.

CITY
The incorporated City of Rochester, Olmsted County, state of Minnesota.

CITY ENGINEER
The individual designated as the city engineer by the Public Works Director.

CLERICAL ERROR
An unintentional mistake in preparing, reviewing, or revising a document. Clerical errors include, but
are not limited to: (a) scrivener’s errors; (b) misspellings; (c) omitting, transposing, or mis-entering a
word, number or symbol; (d) references to an incorrect provision in the UDC or in a federal or state
law or regulation.

CLINIC
An establishment engaged in the care, diagnosis, and treatment of sick, ailing, infirm and injured
persons, and those in need of medical, dental, vision, and/or surgical attention, but who are not
provided with board or room, nor kept overnight on the premises.

COLLEGE OR UNIVERSITY
An institution other than a trade school that provides full-time or part-time education beyond high
school.

COMMISSION
“Commission” means either the Planning Commission, or the Heritage Preservation Commission
(HPC) of the City of Rochester, Minnesota. Reference by default is to the Planning Commission.
When Heritage Preservation Commission is intended, the reference is spelled out, indicated by
“HPC” acronym, or indicated by context.

COMMISSIONER
Unless the context clearly indicates otherwise, “Commissioner” means the Commissioner of the
Department of Natural Resources State of Minnesota.

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COMMON DRIVEWAY
A driveway shared and used jointly to provide access to two or more residential or Non-Residential
properties.

COMMUNICATIONS TOWER
A tower structure and related equipment enabling the transmission of electronic signals via wired
and wireless means, but not including any use meeting the definition of a Commercial Wireless
Telecommunications Service.

COMMUNITY CENTER
A building or portion of a building used for nonprofit, cultural, educational, recreational, religious, or
social activities that is open to the public or a designated part of the public, usually owned and
operated by a public or nonprofit group or agency.

COMMUNITY DEVELOPMENT DIRECTOR

The Community Development Director as provided for in the Rochester Code of Ordinances Section
20-16, or his or her authorized representative.

COMMUNITY GARDEN
The cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture and/or
hydroponics including but not limited to gardens, container gardens, edible landscapes, residential
greenhouses, herb gardens, rooftop gardens, berry patches, vegetable gardens. All of which may
include the production and sale of food products from food grown on the premises. Community
Garden may be divided into separate plots for cultivation by one or more individuals or may be
farmed collectively by members of the group and may include common areas maintained and used
by group members.

COMPREHENSIVE PLAN
The adopted goals, policy statements, standards, programs, and maps for guiding the physical,
social, and economic development, both public and private, of the City and its environs, including.
any unit or part of such plan separately adopted, and as amended by City Council.

CONGREGATE HOUSING
A dwelling providing shelter and services that may include meals, housekeeping, personal care
assistance and minor medical services, but not intermediate, long term or extended nursing care for
residents. Congregate housing does not fall within the Fair Housing Amendments Act (FHAA), nor
does it meet the definition of any other group living use.

CONSTRUCTION OFFICE
The permanent location of a room or group of rooms used for managing the affairs of a construction
or contracting company. A construction office may allow outdoor storage, but its location is fixed, and
not related to on-site management or operation of a given construction project.

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CONTIGUOUS
Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

CONTRACTOR’S OFFICE AND YARD

A temporary building or structure used as a construction office or outdoor storage area for
equipment and materials for a project located on the same site during its construction.

CORNICE
A horizontal decorative projection located at the top of a building near the roof line, which may
include a roof overhang.

CORRECTIONAL FACILITY
A building along with associated lot area designed for the confinement of individuals for the purpose
of discipline or punishment or incarceration of convicted criminals.

COUNCIL
The City Council of the City of Rochester, Minnesota.

COUNTY
The County of Olmsted, Minnesota.

CRAWL SPACE
A low space below the first story of a building, where there has not been excavation deep enough for
a basement, but where there is space for installation of and service to pipes, ducts, and utilities.

CURB
A stone, asphalt, or concrete boundary marking the edge of a roadway or paved area.

DAY CARE FACILITY

A licensed private or public establishment that for gain or otherwise, regularly provides one or more
dependents with care, training, supervision, rehabilitation, or developmental guidance on a regular
basis, for periods of less than 24 hours a day, in a place other than the dependent's home.

DECIBEL (dB)
A unit of sound pressure level, abbreviated as dB.

DECK
A structure open to the sky that is attached to or abuts the wall of a dwelling and is afforded access
to the interior of the dwelling through one or more doors. Structures 30 inches or more above grade
are considered accessory structures, while structures lower to the ground are considered permitted
projections into required yards.

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DECORAH EDGE-RELATED DEFINITIONS

When used in the context of regulating the Decorah Edge area, the following terms shall have the
definitions shown below.

DECORAH EDGE

Decorah Edge shall include the area:

1. Where the Decorah, Platteville, or Glenwood formation is the first-encountered bedrock
according to the "Bedrock Geology: Steele, Dodge, Olmsted and Winona Counties" data plat
produced by the Minnesota Geological Survey—University of Minnesota in 2004, as modified
by field investigation, reliable well logs or more precise mapping;
2. Having a depth to bedrock of less than 25 feet according to the "Depth to Bedrock: Steele,
Dodge, Olmsted and Winona Counties" data plat produced by the Minnesota Geological
Survey—University of Minnesota in 2004, as modified by field investigation, reliable well logs
or more precise mapping; and
3. Where there are contiguous adjacent areas with the Cummingsville or higher (Stewartville or
Prosser) formations as the first-encountered bedrock. An area for which the first-encountered
bedrock is the Decorah Shale, Platteville Limestone, or Glenwood Shale, that is separated
from the Cummingsville or higher formations by a topographic saddle and is at a higher
elevation than the saddle, is excluded from the Decorah Edge. For purposes of the DEO
district, the term "saddle" means a ridge between two peaks or summits

EDGE SUPPORT AREA

Edge Support Area includes non-wetland areas with features associated with perched
groundwater tables, groundwater discharges, or Groundwater Supported Slope Wetlands
located in the Decorah Edge, including:
1. Haverhill (474B), Root (471) and Palms (528B) soils;
2. Areas where the seasonal groundwater table is within five feet of the surface and slopes are
under 18 percent, including Shullsburg (312B or 312C), Littleton (477B), and similar soils;
3. Areas with slopes over 18 percent within 50 feet of Groundwater Supported Slope Wetlands
or Haverhill (474B), Palms (528B), Shullsburg (312B or 312C), Littleton (477B) or similar
soils;
4. Areas within 50 feet of springs;
5. Areas within 50 feet of seeps;
6. Areas of hydric soils in and adjacent to drainageways draining Groundwater Supported Slope
Wetlands;
7. Areas within 50 feet of a perennial or ephemeral stream in the Decorah Edge; and

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8. Areas of hydric soils buried by sedimentation adjacent to Groundwater Supported Slope

Wetlands or in proximity to and at the same approximate elevation as Groundwater
Supported Slope Wetlands.

GROUNDWATER SUPPORTED SLOPE WETLAND

A wetland area that is saturated predominately by groundwater, including wetlands in the

vicinity of springs or seeps. Such wetlands may be associated with highly organic peat-like soils
such as Haverhill (474B) and Palms (528B) soils.

MINOR WATERSHED AREA

A minor watershed, as defined and mapped by the state department of natural resources
division of waters in 1999, as revised, and distributed by the land management information
center.

DEDICATION
The transfer of property interests from private to public ownership for a public purpose.

DEMOLITION PERMIT
A building permit that authorizes the demolition or removal of an existing building or structure from a
site.

DEPENDENT
An individual with a mental or physical disability.

DEVELOPMENT
Any man-made change to improved or unimproved real estate, including a change in use or the
creation of a subdivision.

DEVELOPMENT SITE
A plot of land that is intended or suitable for a proposed servicing of unimproved land or the
improvement of previously developed land and for which there is the proposed construction of any
improvement, new buildings or renovation, or significant change of existing buildings to
accommodate a new land use or increased density of a land use and for which City approvals are
required.

DORMITORY
A multifamily dwelling designed primarily as housing for, or likely to be occupied by, undergraduate
or post-graduate students.

DRAINAGEWAY
A above-ground channel that provides for the collection and conveyance of stormwater runoff from a
watershed area of over 1,200 acres in size, that is not part of a designated floodplain. The area of
the drainageway shall be calculated as that area needed to convey the water of a 100 year rainfall
within the watershed.

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DRIVE-IN FACILITY
An accessory use that by design, physical facilities, service, or by packaging procedures encourages
or permits customers to receive services or obtain goods while remaining in their motor vehicles, but
not including any use meeting the definition of Outdoor Entertainment or Recreation.

DRIVEWAY
A private minor vehicular access between a street or roadway and a designated off-street parking
area.

DRIVEWAY APPROACH
The portion of a driveway located between a property line and the edge of the street pavement.
Driveway approach width is measured per the Engineering Standards.

DWELLING, ATTACHED
A building containing three or more dwelling units arranged side by side, separated from each other
by a firewall and having separate direct means of egress and ingress to each unit from the outside.

DWELLING, COTTAGE DEVELOPMENT

A shared-interest low-density residential community in which multiple small individual dwellings are
served by shared private ways or infrastructure, and in which the development intensity may be
measured by the amount of gross floor area in residential dwelling units rather than the number of
residential dwelling units. A cottage development may include a combination of dwelling units with
shared facilities including but not limited to open space, parking lots or carports, gardens, recreation
areas, community building(s) with facilities such as a kitchen and dining area, and meeting and
activity spaces.

DWELLING, DUPLEX
A building on a single lot containing two dwelling units.

DWELLING, FOURPLEX
A single building on a single lot containing four dwelling units under one roof, each of which is
occupied by one family.

DWELLING, LIVE/WORK
A dwelling unit containing an integrated living and working space in different areas of the unit, and in
which the dwelling areas are located above or behind the working space, in order to allow the ground
floor working space at the front of the building to serve patrons or customers.

DWELLING, MULTIFAMILY
A building containing five or more dwelling units on a single lot, including but not limited to
apartments, cooperative apartments, and condominiums. Regardless of how rental units are
equipped, any multifamily dwelling in which units are available for rental periods of one week or less
shall be considered a hotel or motel.

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DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.

DWELLING, SINGLE-FAMILY DETACHED

A detached building containing one dwelling unit located on a single lot, including both those
constructed on site and those constructed partially or entirely off-site, that meet adopted building
codes or U.S. Department of Housing and Urban Development manufactured housing codes for long-
term occupancy. The building must be anchored and attached to a permanent frost-depth foundation
or foundation system constructed in conformance with the adopted building code.

DWELLING, TRIPLEX
A single building on a single lot containing three principal dwelling units under one roof, each of
which is occupied by one family.

DWELLING, TWIN-HOME
A building containing one dwelling unit attached to one other building containing only one dwelling,
with each building on a separate lot.

EARTH BERMED
Buildings constructed so that there is earth covering on above grade portion of building walls and no
earth covering on the roof. The total amount of the earth covering is less than 50 percent of the walls
and roof surface area.

EARTH SHELTERED
Buildings constructed so that more than 50 percent of the exterior surface area of the building,
excluding garages and other accessory buildings, is covered with earth and the building code
standards promulgated pursuant to Minn. Stat. Ch. 16.85 are satisfied. Partially completed buildings
shall not be considered earth sheltered.

EASEMENT
A grant of one or more of the property rights by the property owner to and for use by the public, a
corporation, or another individual or entity.

EASEMENT, DRAINAGE
An easement required for the installation of stormwater sewers or surface drainage channels, or the
preservation or maintenance of a natural stream or watercourse.

EASEMENT, UTILITY
An easement required for the installation of overhead or underground utilities, including but not
limited to sanitary sewer, water, electric, gas, and audio or visual communication lines.

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ELECTRIC VEHICLE CHARGING STATION

A facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical
current to recharge batteries and that is accessory to a primary use of the property. This use can be
incidental to any allowable use in any zone district. There are currently three types of electric vehicle
charging stations:
1. A Level 1 station uses 110 volt current and generally provides approximately one to two
miles of additional vehicle range from one hour of charging time.
2. A Level 2 station uses at least 220 volt current and generally provides approximately 10-20
miles of additional vehicle range from one hour of charging time.
3. A Level 3 station uses a current significantly higher than 220 volts and generally provides 60-
80 miles of additional vehicle range from 20 minutes of charging time.

EMERGENCY SERVICE
An establishment engaged in providing police, fire, ambulance services or related emergency first aid
services.

ESTABLISHMENT
An economic unit, generally at a single physical location, where business is conducted, services
provided, or industrial operations performed.

EXCAVATION
The artificial removal of earth material.

EXCAVATION ACTIVITIES
Activities involving Substantial Land Alteration, Quarry, or Sand or Gravel Excavation.

EXTERIOR LIGHTING DEFINITIONS

CUTOFF
The point at which all light rays emitted by a lamp, light source, or luminaire are completely
eliminated (cutoff) at a specific angle above the ground.

CUTOFF ANGLE
The maximum angle formed by a line drawn in the direction of emitted light rays at the light
source and a line perpendicular to the ground from the light source.

CUTOFF-TYPE LUMINAIRE
A luminaire with elements such as shields, reflector, or refractor panels that direct and cut off
the light at a cutoff angle that is less than 90 degrees.

FOOT CANDLE
A unit of illumination produced on a surface, all points of which are one foot from a uniform
point source of one candle.

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GLARE
The brightness of light source that causes eye discomfort.

LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts.

EXTERIOR WOOD
The heartwood from species of wood having natural resistance to decay, including redwood, cedars,
and black locust; grades of lumber that contain sapwood from species of wood having a natural
resistance to decay, including redwood and cedars; or treated wood.

EXPANSION

Any Increase in a dimension such as number of units, size, area, volume or height of an existing
structure or facility.

FAÇADE
The exterior walls of a building exposed to public view from a public street. The wall visible from a
public street or parking lot and used for the main public access or that has distinguishing
architectural features will be considered the primary façade. A wall that is visible from a public street
or parking lot serving the business center but not the main access to the building is considered the
secondary façade.

FAMILY
Family is defined as a group of individuals persons living together as a relatively stable and
permanent with a bona fide single housekeeping unit that is unlikely to have any significant negative
impact on the residential character of the neighborhood including such characteristics as a family-
like structure of authority, an integrated economic unit, or evidence of a domestic bond between
members.

FAST FOOD RESTAURANT

An establishment whose primary business is the sale of food and/or beverages in a ready to
consume state for consumption within the restaurant building, within a motor vehicle parked on the
premises, or off the premises as a carry out order, and whose principal method of operation involves
serving food and/or beverages in edible containers or in paper, plastic, or other disposable
containers.

FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose or
screen areas of land.

FILL
A deposit of earth material placed by artificial means.

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FINANCIAL INSTITUTION
A facility that provides financial and banking services to individuals and businesses. These services
may include deposit banking and closely related functions such as making loans, investments, check
cashing, and fiduciary activities. Accessory uses may include automatic teller machines and offices.

FIREARM
A gun including but not limited to pistols, revolvers, rifles, muzzleloaders, and shotguns that
discharges shot or a projectile by means of an explosive, a gas, or compressed air.

FITNESS CENTER
An Indoor Entertainment or Recreation use consisting of a building or portion of a building designed
and equipped for the conduct of exercise in a place with facilities and equipment for people to
maintain or improve their physical fitness, operated for profit or not-for-profit, and that can be open
only to bona fide members and guests of the organization, or open to the public for a fee with limited
hours.

FLAG LOT
A lot that has only sufficient frontage on a street to comply with the required access width
requirements of this UDC, shaped in such a manner that the portion of the lot closest to the street
can only be used for access purposes and not as yard or buildable area, and whose width some
distance back from the right-of-way is sufficient to provide adequate space to meet yard or setback
requirements. Only that portion of the lot of adequate width to meet lot width requirements or allow
for provision of adequate yards or setback shall be counted as part of the lot area.

FLOOD PROTECTION-RELATED DEFINITIONS

When used in the context of regulating flood protection, the following terms shall have the definitions
shown below.

AO ZONE
An area of shallow flooding shown on the City’s Flood Insurance Rate Map (FIRM) with base
flood depths from one to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and undetermined, and where low velocity flow may be evident.

CRITICAL FACILITIES
Facilities necessary to a community’s public health and safety, those that store or produce
highly volatile, toxic or water-reactive materials, and those that house occupants that may be
insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals,
correctional facilities, schools, daycare facilities, nursing homes, fire and police stations,
wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and
waste handling and storage facilities.

EQUAL DEGREE OF ENCROACHMENT

A method of determining the location of floodway boundaries so that floodplain lands on both
sides of a stream are capable of conveying a proportionate share of flood flows.

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FARM FENCE
An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes,
Section 344.02, Subd. 1(a-d), that is not considered to be a structure for purposes of floodplain
regulation. Fences that have the potential to obstruct flood flows, such as chain link fences and
rigid walls, are regulated as structures for purposes of floodplain regulation.

FLOOD FRINGE
That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term
"floodway fringe" used in the Flood Insurance Study.

FLOOD INSURANCE RATE MAP

An official map on which the Federal Insurance Administrator has delineated both the special
hazard areas and the risk premium zones applicable to the community. A FIRM that has been
made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY

The attached material includes the Flood Insurance Study for Olmsted County, Minnesota, and
Incorporated Areas, dated ____, which includes an examination, evaluation and determination
of flood hazards, and if appropriate, corresponding surface elevations, or an examination,
evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards,
upon which the incorporated floodplain maps are based.

FLOODPLAIN
The land adjacent to a body of water that has been or may be hereafter covered by flood water
including that land covered by the regional flood.

FLOOD PROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures
and properties that reduce or eliminate flood damage to real estate, water and sanitary
facilities, structures, and their contents.

FLOOD PROTECTION ELEVATION

The flood protection elevation is an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on the floodplain
that result from designation of a floodway. In Zone AO, the flood protection elevation is
established by adding one foot above the depth number specified in feet on the FIRM to the
highest adjacent grade at the structure’s proposed location on the ground.

FLOOD, REGIONAL
A flood that is representative of large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term
"base flood" used in the Flood Insurance Study.

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FLOOD, STANDARD PROJECT

A hypothetical flood estimated and mapped by the U.S. Corps of Engineers, representing the
critical flood runoff volume and peak discharge that may be expected from the most severe
combination of meteorological and hydrologic conditions that are considered reasonable
characteristic of the Rochester region, excluding rare combinations.

FLOODWAY
The minimum channel of a watercourse and those portions of the floodplain adjoining the
channel, that are reasonably required to carry or store the regional flood discharge.

FP-1, FP-2, FP-3, FP-4, FP-5

Different classifications of flood proofing measures as defined by the state building code.

FREEBOARD
A factor of safety usually expressed in feet above a design flood level for flood protective or
control works. (Freeboard is intended to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected flood or floodway
condition such as wave action, bridge opening and floodway obstructions resulting from debris
or ice, and the hydrologic effects of urbanization of the watershed).

LETTER OF MAP AMENDMENT (LOMA)

A document issued by the Federal Emergency Management Agency providing documentation for
findings that have been made showing that single a lot or single structure is not located in a
Special Flood Hazard Area as defined in 44 CFR 59.

LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area
other than a basement area, is not considered a building’s lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of 44 Code of Federal Regulations, Part 60.3.

OBSTRUCTION
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or regulatory floodplain that may impede,
retard, or change the direction of the flow of water, either in itself or by catching or collecting
debris carried by such water.

ORDINARY HIGH WATER LEVEL

See definition in general definition list.

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SUBSTANTIAL DAMAGE
For purposes of floodplain regulation, damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT
For purposes of floodplain regulation, within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the “start of construction” of the improvement. This
term includes structures that have incurred “substantial damage,” regardless of the actual
repair work performed. The term does not include either:
1. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications that have been identified by the local code
enforcement official and that are the minimum necessary to assure safe living
conditions; or
2. Any alteration of a “historic structure,” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure.” For the purpose of the
floodplain regulations in this UDC, “historic structure” is as defined in 44 Code of
Federal Regulations, Part 59.1.

FLOOR AREA (OF A BUILDING)

The sum of the gross horizontal area of the several floors of a building measured from the outside
faces of walls or the centerline of party walls separating two buildings, but not including any interior
parking spaces, loading spaces, any space where the floor to ceiling height is less than six feet, any
space devoted to mechanical equipment, terraces, breezeways or screened porches, or basement or
other subterranean area not intended for human habitation or service to the public. The floor area
for enclosed space having a floor to ceiling height in excess of 20 feet shall be computed on the
basis that each 15 feet of height shall be equal to one floor.

FLOOR AREA RATIO

Establishes the maximum ratio of floor area to net buildable area on a zoning lot

FOUNDATION OR, FOUNDATION SYSTEM

A permanent foundation that provides adequate support of the building’s vertical and horizontal
loads and transfers these and other imposed forces, without failure, from the building to the
undisturbed ground below the frost line and constructed in accordance with the state building code
as adopted by the City.

FUELING STATION
A facility where fuels like diesel, gasoline, ethanol, natural gas, electricity, and hydrogen; related
supplies for motorists; and convenience foods and goods are sold. All services included in
Automotive Center are excluded.

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FUEL TANK
A safe container for flammable fluids.

FUNERAL HOME
An establishment providing services such as preparing the human or animal dead for burial,
cremating human remains, and arranging and managing funerals, and for which permitted accessory
uses include a crematorium.

FRONTAGE
The distance that a lot line coincides with the right-of-way line of a public street or the boundary of a
private street.

GARAGE
A detached accessory building or a portion of a primary building used for the parking and storage of
vehicles, merchandise, or equipment, and that is not a separate commercial establishment open to
the general public. When associated with a residential use in a residential district, it shall be limited
to use for parking and storage of vehicles, noncommercial trailers, and household equipment.

GARAGE SALE
The sale of used household belongings at a residential dwelling or residential neighborhood
including but not limited to “home sale,” “estate sale,” “attic sale,” and “basement sale” and any
other type of residential sale of tangible personal property.

GARDEN CENTER
A retail business for the display and sale of products either inside or outside of a building or
structure. The products for retail sale that may be displayed and stored in a greenhouse or outdoors
include those products related to gardening and landscaping including, but not limited to, outdoor
live plants; landscaping materials such as lawn ornaments, pavers, and landscape walls; bulk
materials such as mulch, topsoil, rock, and gravel; gardening supplies such as fertilizer, pesticides,
and small hand tools. Related retails sales may also be part of a garden center including cut flowers,
indoor live plants, Christmas trees and related retail products. Landscaping services may be a part of
the garden center. Greenhouses or retail buildings and offices may be part of a permanent garden
center.

GEOTHERMAL ENERGY SYSTEM

Land area and equipment for the conversion of natural geothermal energy into energy for beneficial
use.

GRADE
The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area
between the building and the property line, or between the building and a stabilization structure such
as a retaining wall, or, where the property line or structure is more than five feet from the building,
between the building and a line five feet from the building.

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GRADING
Any excavation or fill combination of those activities.

GRADING PLAN
An integrated set of documents that addresses how a proposed development will comply with the
requirements of part 50.01 (2) of the Building Code.

GREENHOUSE
A building whose roof and sides are made largely of glass or other transparent or translucent
material and in which the temperature and humidity can be regulated for the cultivation of delicate
or out-of-season plants for subsequent sale, for personal enjoyment, or for the temporary storage or
display of plant material.

GROSS LEASABLE AREA

The total floor area designed for the occupancy and exclusive use of a tenant.

GROUP LIVING USE

Those residential uses listed in Tables 330.02-1 400.08-1 as Group Living Uses

HABITABLE ROOM
A room used or intended to be used for sleeping, cooking, living, or eating purposes, excluding such
enclosed spaces as closets, pantries, bath or toilet facilities, service rooms, corridors, laundries,
unfinished attics, foyers, storage space, utility rooms or similar spaces.

HABITABLE UNIT
A habitable room, singularly or in combination with other rooms, that provides sleeping facilities
alone or in combination with required cooking, eating, or living facilities.

HEAVY COMMERCIAL SERVICES

An establishment that has an industrial character even though it is not involved in the manufacturing
or processing of products including but not limited to a composting facility, contractor’s office or
yard, lumber yards, utility yards, public maintenance shops, carpet and rug cleaning, printing and
publishing services, power laundries, and dry cleaning plants, that may generate negative impacts
largely through their need for outside storage of equipment and materials, the large expanse of land
needed for this storage, and the creation of dirt, dust, and noise, along with intermittent truck traffic.

HEIGHT (OF A BUILDING)

The vertical distance above grade along the building front measured to the highest point of the
coping of a flat roof, or to the deck line of a mansard roof, or to the average height between the eave
and ridge of a gable, hip, or gambrel roof. Maximum height establishes the maximum height in feet
above grade, allowed for structures within a given zoning district.

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HERITAGE PRESERVATION DEFINITIONS

When used in the context of regulating heritage preservation, the following terms shall have the
definitions shown below.

ALTER OR ALTERATION
A change to the exterior of an existing building, structure, site, or feature that materially
modifies its appearance or construction.

CERTIFICATE OF APPROPRIATENESS
A permit issued granting an applicant approval for the alteration, change, demolition, relocation,
excavation, or new construction of a designated property or within a designated historic district.

CONTRIBUTING PROPERTY
A building, site, structure, or object that adds to the historic architectural qualities or
archaeological values for which a property or landmark district is considered significant.

DEMOLITION
Any act or process that destroys in part or in whole a historic resource. This includes the removal
of any material constituting part of a structure that affects the exterior appearance of the
structure, other than for purposes of ordinary maintenance or repair, as well as inadequate
maintenance or any other action that reduces the stability or longevity of a structure or impairs
its historic or architectural integrity.

DEMOLITION BY NEGLECT
The long-term neglect of a historic structure that contributes to a level of dilapidation so severe
that rehabilitation of the structure no longer serves as a viable option and demolition must be
considered on account of the public health, safety, and welfare.

DESIGNATED PROPERTY
A property designated by the City Council as a landmark property, a landmark district, or
contributing to a landmark district.

DESIGNATION
The formal process described in Section 60.500.040F, Designation of Landmark Property or
Landmark District, to recognize a property as historically significant and eligible for benefits,
subject to the terms of this UDC.

EMERGENCY REPAIR
Work necessary to prevent destruction or dilapidation to real property or structural
appurtenances thereto immediately threatened or damaged by fire, flood, tornado, or other
disaster

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HERITAGE PRESERVATION DESIGN GUIDELINES

A locally specific document providing additional information for the review of proposed
alterations or additions to designated landmarks or landmark districts.

HERITAGE PRESERVATION PROGRAM

A plan established by the city that contemplates a vision for the city's historic preservation
program, setting near-term and long-term priorities for the program, and identifies proactive and
innovative strategies for achieving the identified goals and objectives.

HERITAGE PRESERVATION PROPERTY

A property listed on the City’s inventory and located within the Heritage Preservation Overlay
district.

HISTORIC INTEGRITY
The ability of a property to convey its significance relative to the aspects of location, setting,
design, materials, workmanship, and association.

HISTORIC RESOURCE
Properties including objects, buildings, structures, sites, landscapes, and districts subject to the
provisions of Section 60.200.040C HPO – Heritage Preservation Overlay or related procedures
in Chapter 60.500 Procedures and Administration.

HISTORIC SIGNIFICANCE
The documented importance of a property or feature for its contribution to or representation of
broad patterns of national, regional, or local history, architecture, engineering, archaeology, and
culture.

HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity or a building or
structure, whether standing, ruined, or vanished, where the location itself possesses historic,
cultural, or archaeological value regardless of the value of any existing structure.

INVENTORY
A list of properties identified by the Heritage Preservation Commission that may be evaluated for
historic significance and designation as a landmark at a future time and that has interim
protection if an application for a Demolition Permit is submitted.

LANDMARK
A district, site, building, structure, object, or other property of historic significance designated
locally pursuant to Section 60.500.040F.

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LANDMARK OBJECT
A construction other than a building or structure that is small in scale and simply constructed or
primarily artistic in nature. It may be movable by nature or by design, but is associated with a
specific setting and environment.

PRESERVATION
Active maintenance and repair of existing historic materials and retention of a property's form as
it has evolved over time, which is one of four approaches to the Secretary of Interior Standards.

RECONSTRUCTION
The act or process of depicting, by means of new construction, the form, features, and detailing
of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its
appearance at a specific period of time, which is one of four approaches to the Secretary of
Interior Standards.

REHABILITATION
Altering a property to meet continuing or changing uses while retaining the property's historic
character-defining features, which is one of four approaches to the Secretary of Interior
Standards.

RELOCATION
Moving a building or structure from its original historically significant or existing location to
another location.

REPAIR
The limited replacement in kind, or with compatible substitute material, of extensively
deteriorated or missing parts of features.

RESTORATION
Alteration of a property to depict the property at a particular period of time in its history, while
removing evidence of other periods, which is one of four approaches to the Secretary of Interior
Standards.

RESTORE
The act or process of accurately depicting the form, features, and character of a property as it
appeared at a particular period of time by means of the removal of features from other periods
in its history and reconstruction of missing features from the restoration period.

SECRETARY OF THE INTERIOR’S STANDARDS (FOR TREATMENT OF HISTORIC PROPERTIES)

A series of concepts published by the National Park Service about maintaining, repairing, and
replacing historic materials, as well as designing new additions or making alterations to historic
properties and includes Approaches for Preservation, Rehabilitation, Restoration and
Reconstruction.

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HOME OCCUPATION
Any gainful occupation or profession engaged in by the occupant of a dwelling unit at or from the
dwelling unit.

HOTEL OR MOTEL
A building or series of buildings operated as an establishment providing accommodations in
habitable units by prior arrangements, for compensation, without restriction on the time period
involved. Regardless of how rental units are equipped, any Multifamily Dwelling in which units are
available for rental periods of one week or less shall be considered a hotel or motel.

HOUSEHOLD LIVING USE

Those residential uses listed in Tables 300.02-1 400.08-1 as Household Living Uses

HOUSING CODE
Rochester Code of Ordinances Chapters 32 through 38.

IMPERVIOUS SURFACE
A constructed hard surface that prevents or retards entry of water into the soi land causes water to
run off the surface in greater quantities and at an increased rate of flow than prior to development,
including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel
driveways, or permeable pavers; and other similar surfaces.

INDOOR ENTERTAINMENT OR RECREATION

A commercial recreation facility that provides completely enclosed or indoor entertainment or
recreation space, such as racquet clubs, indoor skating rinks or swimming pools, bowling alleys,
billiard, pool, or bingo parlors, amusement arcades, indoor archery ranges, indoor live or motion
picture theaters, and fitness centers or gymnasiums, and where food or beverages may be served as
an accessory use, but does not include any use meeting the definition of Adult Entertainment,
Auditorium or Civic Center, or Indoor Gun Range.

INDOOR GUN RANGE

An indoor area or facility designated or operated primarily for the use of firearms.

INDUSTRY, HEAVY
An establishment involved in the manufacture, fabrication, processing, compounding, or assembling
of materials from raw material or previously processed material, and that have severe potential for
adversely affecting surrounding land uses due to potential environmental impacts related to noise,
smoke/particulate emissions, vibration, noxious gases, odors, glare/heat, fire/explosion hazards and
waste disposal including above ground storage of flammable, hazardous or poisonous gases,
liquids, or materials. In addition, these uses may generate large amounts of vehicle traffic, may
involve the use of large unenclosed production areas, or may require large, tall structures that are
unsightly. Heavy industrial uses typically involve primary production processes in the area of paper

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products (pulp mills), food processing (slaughterhouse, meat packing plant), chemicals (manufacture
of inorganic chemicals, resins, plastics, paints, fertilizers, explosives, ink), petroleum products
(refineries, bulk storage), primary metals (blasting, smelting, rolling), machinery and equipment
manufacturer (vehicle assembly, engines, construction equipment), leather (storing, curing, tanning),
gravel based products (manufacture of bricks, concrete, abrasives), lumber products (saw mills),
solid waste disposal facility, and waste transfer facility.

INDUSTRY, LIGHT
An establishment involved in the processing, fabrication, assembly, or compounding of products
where the process involved is relatively clean and nuisance-free, usually completely enclosed, and
without adverse environmental effects, that can generally be made compatible with surrounding
areas through buffering and through separation required by yard and height limitations. Typically,
these uses result in the creation of finished products for sale on a wholesale basis to retailers or
directly on a retail basis, and include uses in the following areas: lumber products (millwork, cabinet-
making) textiles, printing and publishing services, bottling works, carpet and rug cleaning, furniture
manufacture, paper (final processing from purchased bulk stock), rubber and plastics (compounding
processed resins, molding plastics), gravel based products (pottery, cutting, finishing granite, firing
and decorating clay products), and ice manufacturing.

INSTITUTIONAL PROPERTY
Land used by a nonprofit, religious or educational organization, such as a place of worship, library,
public or private school, hospital, or airport. Government owned or operated building, structure or
land used for a public purpose shall not be considered institutional property.

INTENSIVE VEGETATION CLEARING

The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

INTERIM USE
A use approved by City Council for a specific period of time in anticipation of a different long-term
use of the property being proposed or approved during that time.

INTERNAL PARKING LOT LANDSCAPE AREAS

Landscaped areas within a parking lot that are surrounded on at least three sides by paved areas
that are used for parking and traffic circulation.

INTERSECTION
A place where two or more public or private streets cross at the same grade.

JUNKYARD
All or part of a lot, parcel or land, building, or structure used for the storage, processing, or
abandonment of wastepaper, rags, scrap metal, or other scrap of discarded goods, materials, or
machinery, or two or more unregistered, inoperable motor vehicles.

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LAND USE PLAN

The Land Use Plan portion of the Comprehensive Plan for the Rochester Urban Service Area.

LANDFILL
A permanent facility either publicly or privately owned and operated for the purpose of disposing
solid waste.

LANDSCAPE AREA
Land set apart for the plantings of grass, shrubs, trees or similar living plants, or other ground
surface treatment such as decorative rock, bark, or stone.

LANDSCAPE PLAN
An integrated set of documents that may consist of both drawn and written materials describing
bufferyards, landscaping, and screening to be installed on a lot or parcel.

LANDSCAPED ISLAND (IN A RIGHT-OF-WAY)

A grassed or landscaped area located within the limits of the roadway portion of a local street or
access roadway, serving both traffic control and aesthetic purpose.

LIMITED ACCESS ROADWAY

A roadway, privately owned and maintained and established on an easement, providing joint right of
access for up to four lots.

LOADING AREA
An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for
the temporary parking of a commercial vehicle while loading or unloading merchandise or materials,
and that abuts or is connected by means of a driveway to a street or alley.

LONG RANGE TRANSPORTATION PLAN

The most recent version of the Long Range Transportation Plan for the City and the Townships of
Cascade, Marion, Rochester, and Haverhill and a portion of High Forest.

LOT
The smallest unit of land division defined by plat or by metes and bounds description, that is not
divided by a lot line, right-of-way, or other publicly owned land, and that does not include the right-of-
way of any street upon which the lot abuts, even if ownership to such right-of-way lies with the owner
of the lot.

LOT AREA
The area contained within the lot lines of a lot, excluding any right-of-way or private street.

LOT, CORNER
A lot abutting two or more streets at their intersection, or upon two parts of the same street forming
an interior angle less than 135 degrees.

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LOT DEPTH
The average horizontal distance between the front lot line and the rear lot line of a lot.

LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a public or private street
or any other public space. Where any portion of a lot extends onto a public right-of-way, the lot line
shall be deemed to be the boundary of said right-of-way.

LOT, THROUGH
A lot that fronts upon two parallel or approximately parallel streets.

LOT WIDTH
A horizontal distance measured between the side lot lines.

LOT LINE, FRONT

A lot line separating a lot from the predominant public or private street or roadway right-of-way
abutting the property, as determined by the City.

LOT LINE, INTERIOR SIDE

A side lot line that separates a lot from another lot.

LOT LINE, REAR

On a rectangular lot other than a corner lot, the lot line opposite and most distant from the front lot
line; on a corner lot, an interior lot line that is designated at the time of development. Triangular
shaped lots whose lot width narrows when moving away from the front lot line have no rear lot line.
The rear lot line(s) on irregular shaped lots with more than four lot lines are those interior lot lines
that, when the endpoints of the line(s) are connected, create a line exceeding the width at the
building line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT LINE, SIDE STREET

A side lot line separating a lot from a secondary public or private street or roadway right-of-way
abutting the property, as determined by the City

LOT OF RECORD
Any validly recorded lot that, at the time of its recording, complied with all applicable laws,
ordinances, and regulations.

LOT SIZE
The minimum size lot, in square feet, for certain types of residential development, measured on a
horizontal plane. See also Site Area.

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LOW DENSITY (RESIDENTIAL) DISTRICTS

The R-1, R-2, and R-2x zoning districts.

LUMBER YARD
An establishment engaged in the retail sale of building supplies and household equipment that is
characterized by the presence of an outdoor storage area used for the keeping of building supplies
such as lumber or masonry products.

MANUFACTURED HOME
A building, fabricated in an off-site facility for installation or assembly at the building site,
transportable in one or more sections, that, in the traveling mode, is eight feet or more in width or 40
feet or more in length, or when erected is 320 or more square feet in size, and is built on a
permanent chassis and designed to be used as a dwelling for one family, with or without permanent
foundation, when connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical system contained in the building, and that is certified as constructed in
compliance with the “manufactured home building code” as established under Minn. Stat. Ch. 327.

MANUFACTURED HOME PARK

A residential development on a site that consists of two or more spaces for the placement of
manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is
charged for the use of such space. This development is typified by a land-lease arrangement
between the residents of the manufactured homes in the community and a single ownership entity
or common owner(s) in a cooperative arrangement as opposed to a development that consists of
individually owned lots subdivided for the placement of manufactured homes. A manufactured home
park does not include real property used for the display and sale of manufactured homes, unless the
manufactured homes for display or sale are permanently sited in conformance with the UDC as
model homes in the park, nor does it include a Campground or Recreational Vehicle Park in which
spaces are not intended for long-term occupancy.

MANUFACTURED HOME PARK LOT

A parcel of land in a manufactured home park used for the placement of a single manufactured
home for the exclusive use of the residents of the manufactured home. The area of the lot for
rezoning purposes shall not include any common or community open space or required perimeter
bufferyard area. The area of the lot shall not include any land devoted to the development of streets
(public or private) including the required boulevard and any land used for common sidewalk or
walkway area located parallel and adjacent to a private street lying adjacent to the lot.

MANUFACTURED HOME SUBDIVISION

A development that consists of individually owned lots created for the placement of manufactured
homes that complies with this jurisdiction's regulations for subdivision. All uses, buildings, and
structures within the approved subdivision must obtain Zoning Certificate approval prior to their
placement or construction.

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MEDICAL CAMPUS DISTRICT

Two defined areas of the City, known as Medical Institutional Subdistrict,

and the Support Campus (shown in the maps below), the boundaries of
which may be amended from time to time pursuant to applicable law.
The Medical Institutional Subdistrict is subject to the following
Ordinances: #2726, #3669, and #4052; while the Support Campus is
subject to Ordinance #3534. These areas were formerly referred to as
the Mayo Special District, this area is subject to the following Support Campus
Ordinances:
Medical Institutional Subdistrict

MEDICAL FACILITY
An establishment engaged in providing diagnostic services, extensive medical treatment (including
surgical services) and other hospital services, as well as continuous nursing service, including
general medical and surgical hospitals, specialty hospitals, medical laboratories, bio medical
research and development, outpatient care facilities, medical schools and associated dormitories,
medical appliance sales, and similar uses, but not including a Clinic or Veterinary and Animal
Services.

MEDICAL STAY DWELLING UNIT

A dwelling unit that has been issued a lodging license from the state or from Olmstead County and in
which accommodations are furnished exclusively to medical patients, their families, and caregivers
while the patient is receiving or waiting to receive health care treatments or procedures for a period

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of one week or more, and where no supportive services, health supervision, or home care services
are provided.

MINIMUM PERCENTAGE OF USABLE RECREATION AREA

The minimum amount of usable recreation space that shall be provided for certain types of
residential development.

MINIMUM WIDTH AT BUILDING LINE

A numerical standard, in feet, for minimum lot width for certain types of development. This width
shall be measured between non-intersecting lot lines. On lots with curvilinear front lot line, the width
shall be measured as the length of the tangent to the front yard line.

MIXED BUILDING TYPE DEVELOPMENT

A development that complies with this jurisdiction's regulations for subdivisions, consisting of three
or more individually owned lots for either the placement of manufactured homes, subject to the
design criteria contained herein, or for the placement of other dwelling types consistent with the
standards of the underlying zoning district.

MOBILE HOME
A non-HUD compliant structure built prior to June 15, 1976, on a permanent chassis, capable of
being transported in one or more sections and designed to be used with or without a permanent
foundation as a dwelling when connected to on-site utilities, but not including manufactured homes
or recreational vehicles. Mobile homes are not permitted in the City.

MODULATION (OF A BUILDING FAÇADE)

A stepping back or projecting forward of portions of a building face within specified intervals of
building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous
exterior walls.

MONUMENT SIGN
A ground-related, freestanding sign which is attached to the ground or to its base on grade by a solid
sign structure and which structure extends from the ground or base to the sign face at the same or
greater width as the sign face.

MOTOR FREIGHT AND WAREHOUSING

An establishment engaged primarily in either the storage or shipment of goods and materials,
including terminal facilities for handling freight, and maintenance facilities in which the truck
(including tractor trailer units) involved with the operation of the business are stored, parked, and
serviced. Materials within a warehouse or terminal facility may be combined, broken down, or
aggregated for transshipment or storage purposes where the original material is not chemically or
physically changed. Above ground storage of flammable, hazardous or poisonous gases, liquids, or
materials is not included in this definition (see Heavy Industry).

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MOTOR VEHICLE SALES, LEASING OR STORAGE

An establishment engaged in the display for sale or lease of automobiles, trucks, farm machinery,
recreational vehicles, and manufactured homes, including vehicle dealerships or the commercial
storage of privately owned trailers, boats, campers, or similar vehicle.

MULTI-USE TRAIL
A path physically separated from motor vehicle traffic, located either within a street right-of-way or a
separate right-of-way or easement, and intended for use by some combination of bicyclists,
pedestrians, equestrians, and other non-motor vehicle traffic.

MUNTIN
A bar or rigid supporting strip between adjacent panes of glass.

NEIGHBORHOOD FOOD AND SERVICE

An establishment containing not more than 2,000 square feet of gross floor area, and intended to
serve the local neighborhood, whose primary business is the sale of food and/or non-alcoholic
beverages including a standard restaurant, bakery, coffee house, ice cream parlor, deli, grocery, or
similar use.

NEIGHBORHOOD PARK
A public recreation facility designed to give residents of one or more neighborhoods the opportunity
for the enjoyment of open space, and that may also provide for the use of the residents’ playground
equipment, picnic areas, and areas suitable for use as ball fields, tennis, and basketball courts, and
skating rinks. Trail corridors providing access from residential areas to neighborhood park facilities
may be considered part of the neighborhood park.

NONCONFORMING APPEARANCE
Any conforming use located on a lot that is zoned Non-Residential, abuts a lot in a residential district,
in existence at the time this UDC was adopted, and that does not meet the appearance control
standards of this UDC.

NONCONFORMING LOT OF RECORD

Any validly recorded lot existing at the time this UDC was adopted that does not comply with the
minimum lot area or frontage requirements of the district where it is located.

NONCONFORMING PARKING
Any development that does not provide the number of off-street parking spaces that would be
required by this UDC for a new development of the same type. The existence of parking spaces
located outside of an approved driveway in the front or street side yard on a property in a residential
district that were not approved through a lot and site development approval procedure do not
constitute legal, nonconforming parking.

NONCONFORMING SIGN
Any sign that would not be permitted in the zone where it is located by the regulations of this UDC.

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NONCONFORMING STRUCTURE
A structure that does not comply with the height, setback, density, or floor area ratio requirements of
the district where it is located including structures that do not comply with the flood proofing and
elevation regulations of the floodplain overlay districts.

NONCONFORMING USE
An activity using land or structures that would not be permitted to be established as a new use in the
zone where it is located by the regulations of this UDC.

NURSERY
Land or greenhouses used to raise flowers, shrubs and plants for later retail or wholesale sales.

NURSING HOME
An establishment primarily engaged in providing intermediate or long-term nursing and health
related care to individuals.

OCCUPANCY
The residing of an individual overnight in a habitable unit, or the installation, storage or use of
equipment, merchandise, or machinery in any institutional, commercial, or industrial building.

OFFENDER TRANSITIONAL HOUSING

A dwelling unit or one or more habitable units in a house or hotel designed, intended, or used
principally to provide short-term housing to offenders on supervised release or conditional release
who are receiving housing assistance from the Minnesota Department of Corrections or Olmsted
County Community Corrections and/or who are required to live in the housing as a condition of their
release. “Offender Transitional Housing” does not include housing declared by state law to be a
permitted single-family residential use. The term “short-term” shall mean a period of time not
exceeding one year. A dwelling or lodging facility owned by the offender or a member of the
offender’s immediate family shall not be considered Offender Transitional Housing.

OFFICE
A room or group of rooms used for managing the affairs of an establishment or for the non-retail,
non-production conduct of affairs of a service, professional institutional, or business nature including
medical offices or clinics, studios for those involved in art, sculpture, and music including
organizations operating on a membership basis for the promotion of the interests of the
membership, including trade associations, business associations, professional membership
organizations, labor unions, or civic or fraternal organizations, but not including place of worship,
hospitals, golf and country clubs, or credit unions.

ON-SITE OR OFF-SITE PUBLIC OR PRIVATE FACILITY IMPROVEMENT

The sizing, grading, location or improvement of lots, structures, areas accessible to the general
public, streets, roads, trails, walkways, curbs and gutters, water, sewers, storm drainage, lighting,
sewers, electricity, gas and other utilities, and the protection and conservation of floodplains, shore
lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features, and similar on-

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site or off-site public or private utilities and improvements that are reasonably related to the
proposed subdivision and that are needed so that the facilities can adequately handle the needs
created by the proposed subdivision. The term includes “required improvements,” “on-site and off-
site public improvements,” “development improvements,” “off-site improvements” and “public
improvements.”

OPEN SPACE
An area identified by easement or other mechanism that guarantees that the area will not be
intentionally disturbed and that provides, at a minimum, for access by a public agency or a qualified
land trust for purposes of monitoring the condition and maintaining the site.

OPERATIONS PLAN (FOR EXCAVATION ACTIVITIES)

A plan, including a Site Development Plan and Report, required to be submitted by applicants for
Conditional Use Permit approval of excavation activities that describes the area to be disturbed,
required bufferyards and additional information necessary to ensure the excavation activity is safe
on the site and is compatible with surrounding development and land uses.

ORDINARY HIGH WATER LEVEL

For purposes of floodplain and shoreland regulations, the boundary of public waters and wetlands
and shall be an elevation delineating the highest water level that has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominantly terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the operating elevation of the normal
summer pool.

OUTDOOR EATING AREA

Any group of tables, chairs, or other seating fixtures and appurtenances intended for the outdoor
consumption of food or beverage by patrons, employees, or tenants, when located adjacent to an
establishment having the same operator.

OUTDOOR ENTERTAINMENT OR RECREATION

A commercial recreation facility that is primarily an open-air facility, such as baseball fields,
swimming pools, skating rinks, golf driving ranges, miniature golf facilities, drive-in theaters,
amphitheaters, outdoor concert halls, racetracks, ranges (skeet, rifle, or archery), bowling alleys, and
amusement parks.

OUTDOOR STORAGE
The keeping, in an unroofed area or structure open to view on its sides, of any goods, junk, material
or merchandise in the same place for more than 24 hours and including adjacent land area
improved and necessary to provide access to such goods.

PARAPET
An extension of the main walls of a building above the roof line.

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PARK
Public parks operated by the City or by the City’s Board of Park Commissioners, including all park
buildings, trails, parkways, and related facilities. A Community Center use within a public park is
considered part of a Park.

PARK SYSTEM PLAN

The system-wide comprehensive plan adopted by the Rochester Park and Recreation Board for the
acquisition, development, or redevelopment of parks, playgrounds, recreational facilities, wetlands,
trails, or open space areas.

PARKING BAY
A portion of a site improved for the off-street parking of vehicles, where individual parking spaces are
accessed directly from the street. Parking space shall not be from within the right-of-way.

PARKING LOT
A surface area whose purpose is to provide accessory or primary use parking spaces for motor
vehicles, this category also includes community lots that are established to meet the parking needs
in a residential area.

PARKING GARAGE
An above ground and/or belowground structure, or a part of a primary structure, designed for
parking automobiles and light trucks and van, in which at least one level of parking is located above
or below another level of parking in the same structure. This use does not include parking and
storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.

PARKING STRUCTURE
Any aboveground or belowground structure, either freestanding or constructed as part of a building
with a non-parking primary use, whose purpose is to provide accessory or primary use parking
spaces for motor vehicles. In the MX-T district a permitted Parking Lot or Garage associated with a
City designated park and ride may provide automobile maintenance services, such as oil changes
and car washes, as an accessory use.

PASTURE
An area where grass or other growing plants are used for grazing and where the concentration of
animals is such that a vegetative cover is maintained during the growing season, except in the
immediate vicinity of temporary supplemental feeding or watering devices.

PAVEMENT
A hard, smooth surface of a parking lot, driveway or drive aisle that is made from concrete, asphalt
or a paving brick, or similar durable permanent permeable pavement.

PEDESTRIAN
A person moving about by foot or using a wheelchair or other mobility aid other than a motor vehicle.

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PEDESTRIAN-ORIENTED SPACE
An area located outside of the right-of-way between a building and a street or along a pedestrian
facility that promotes visual and pedestrian access onto the site and provides pedestrian-oriented
amenities and landscaping to enhance the patron’s or public’s use of the space for passive activities
such as resting, reading, and/or picnicking.

PERIMETER
The boundaries or borders of a lot, tract, or parcel of land, or the total combined length of all those
boundaries or borders

PHASE I SURVEY

Sometimes called a “recognizance level survey”, the process used to identify historic properties to be
placed on an inventory, pursuant to Section 60.200.040C4. Typical methods include archival
research, informant interviews, field survey and professional analysis along with identification of the
criteria from Section 60.200.040C5 for which the property is under consideration, documented in a
standard format.

PHOTOVOLTAIC DEVICE
A system of components that generates electricity from incident sunlight by means of the
photovoltaic effect, whether or not the device is able to store the energy produced for later use.

PILASTER
A rectangular, non-bearing column attached to a building façade as an ornamental design feature

PLAT, FINAL
The final map on which an applicant's plan for the division of land for purposes of development is
presented to the City for approval and that, if approved, will be submitted to the County Recorder.

PLAT, PRELIMINARY
A draft map on which an applicant’s plan for the division of land for purposes of development is
presented to the City for review and comment regarding compliance with this UDC and other
standards and regulations adopted by the City, prior to submittal of a Final Plat for approval.

PLACE OF WORSHIP
A building or structure, or groups of buildings or structures, that by design and construction are
primarily intended for the conducting of organized religious services and associated accessory uses.

PLANNED UNIT DEVELOPMENT

Unique and separate zoning districts established by action of the Rochester Common Council on
specific parcels of land according to the provision of the previous Rochester Zoning Code Ordinance
No. 1659 as amended, which is no longer in effect.

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PLAYGROUND
All play areas designed primarily for children including, but not limited to, an outdoor area set aside
for recreation and play containing playground equipment, such as climbing toys, seesaws, and
swings.

PROPERTY OWNER
The fee owner of land, or the beneficial owner of land whose interest is primarily one of possession
and enjoyment in contemplation of ultimate ownership. The term includes but is not limited to
venders under a contract for deed.

PROTECTED LOT
See Section 60.400.020F.2)a, Protected Lots for the definition of Protected Lot.

PUBLIC PARKING LOT

A public or private land area designed for the off-street parking of motor vehicles that is not
associated with any primary use or building on the same lot. Public parking lots typically charge a fee
(hourly, weekly, monthly) or other consideration for the time a vehicle is parked on the lot.

PUBLIC TRANSPORTATION DISPATCH FACILITY

An establishment primarily engaged in furnishing local and suburban passenger transportation,
including taxi cabs, passenger charter services, school buses, and terminals (including service
facilities) for motor vehicle passenger transportation.

PUBLIC UTILITY
Any corporation or government entity supplying natural gas, electric, transportation, water, sewer, or
communication service to the general public. For the purposes of this UDC, wireless
telecommunication utilities shall not be considered a Public Utility and are defined separately.

PUBLIC WATERS
Those waters defined by Minn. Stat. Ch. 103G.005.Subd.15.15a

QUARRY
A land disturbance or development activity that meets or exceeds any of the following thresholds and
exceeds practices allowed through a Grading Permit:
1. Activities principally designed to mine, extract, or remove bedrock materials for commercial
purposes;
2. An exposed bedrock slope steeper than 3:1 that is over 25 feet in height occurring at any
time during or following excavation;
3. The temporary or permanent exposure of rock face made as part of or following excavation in
excess of 25 feet in height. The measurement of height of the exposed rock face shall be the
vertical measurement from the lowest elevation of the excavation to the top of the exposed
face. Multiple faces shall be added together to determine height;

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4. Removal from a site of more than 20,000 cubic yards of earth material per acre of land
being excavated or 100,000 cubic yards of earth for the entire site;
5. Activities that deposit soil, bedrock, or other earthen material on site;
6. An excavation activity using a crusher; or
7. A Substantial Land Alteration meeting any of the above characteristics.

RAILROAD TRANSPORTATION
Establishments engaged in domestic freight and passenger transportation by rail including railroad
yards, freight stations and switching yards.

REACH
A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings is typically constitute a reach.

RECLAMATION PLAN
A plan, including a Final Site Development Plan and Report, required to be submitted by applicants
for Conditional Use Permit approval of excavation activities that describes how the site will be
reclaimed for subsequent use after conclusion of the excavation activity.

RECREATIONAL EQUIPMENT
Craft designed for use on water or snow, as well as motorized vehicles designed for use on surfaces
other than public roadways, and including trailers used to transport such craft or vehicles.

RECREATIONAL VEHICLE
A temporary structure, less than 40 feet in length, that can be towed, hauled, or driven and is
primarily designed as temporary housing accommodations for recreational, camping or travel use
including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor
homes.

RECREATIONAL VEHICLE PARKING

Storage of recreational vehicles at a residence as an accessory to the primary use of the property.

RECYCLING DROP BOX

A small collection facility typically treated as an accessory to another primary use where recyclable
materials are accepted from the public.

RECYCLING TRANSFER FACILITY

A primary use of a lot or parcel of land for the separation and temporary storage of recycled or used
materials before they are sent to a processing facility. Recycling Transfer Facility includes the
operation of and expansion of any waste-to-energy facility in existence on the effective date of this
UDC and the establishment of new facilities in support of waste-to-energy operations after the
effective date of this UDC.

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REFERENCE LINE
The reference line of any public or private street is whichever of the following two lines that is closer
to the existing right-of- way line:
1) a line within the right-of-way that is parallel to and five feet inside of the right-of- way line; or
2) the line created by the existing curb location parallel to the right-of way line.

REGISTERED LAND SURVEY (RLS)

The drawing or map of a subdivision prepared for filing of record pursuant to Minn. Stat. Ch. 508.
Registered Land Survey must go through appropriate application process to become Registered
Land or Torrens property.

REGULATED LOT
See Section 60.400.020F.2)b, Regulated Lots for the definition of Regulated Lot.

RELATED SERVICE FACILITY

A type of accessory use designed primarily to serve the occupants or patrons of another primary use
in the same building or development including but not limited to snack bars, restaurants, cafeterias,
and other eating establishments; barbershops, beauty shops, gift shops, newsstands, office supply
sales, duplicating services, and similar retail stores and services; swimming pools, tennis courts,
playgrounds, playfields, meeting rooms, exercise rooms, saunas, gymnasiums, and similar
recreational facilities; dispensaries and similar health care facilities; and self-service laundry and dry
cleaning drop off facilities, but not including adult entertainment or any use that is already listed as
permitted or conditional use in the same zone district. The Related Service facility shall be accessory
to a primary use that provides living facilities, employment, or overnight accommodations for a
significant number of persons, such as a multifamily dwelling, office or institutional building,
manufacturing plant or research facility, or hotel.

REPAIR AND MAINTENANCE SHOP

An establishment engaged in miscellaneous repair services, primarily of products generally weighing
more than 25 pounds such as televisions, washers and dryers, furniture (including re-upholstery),
small engines, or other equipment, and not meeting the definition of a Business or Professional
Service, Automotive Center, or Automotive Repair Services, Major.

RESEARCH AND TESTING

An establishment or other facility for carrying on investigation in the natural or physical sciences, or
engineering and development as an extension of investigation with the objective of creating end
products, on a contract or fee basis, and including pilot plant operation.

RESIDENCE FOR CARETAKER OR SECURITY GUARD

One accessory dwelling unit or manufactured home for a caretaker, owner, operator, manager, or
Security Guard and their related family that is located on the premises of another primary use for the
occupancy of a caretaker, security guard, or other person charged with oversight or protection of the
primary use.

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RESIDENTIAL CARE FACILITY

A public or private establishment licensed by the state of Minnesota, that for gain or otherwise,
regularly provides one or more children, or one or more adults meeting the definition of “adult” in
Minn. Stat §245A.02, Subd. 2 with 24 hour care, food, lodging, training, education, supervision,
rehabilitation, or treatment, and including all facilities providing lodging to persons whose right to live
together as a household is protected by the Federal Fair Housing Act or the Federal Fair Housing
Amendments Act as amended and interpreted by the courts.

RESIDENTIAL FLOOR
A story within a building in which over 50 percent of the floor area is devoted to dwelling units.

RESIDENTIAL MANAGEMENT OR SALES OFFICE

A facility in a residential development that serves as a headquarters for sales and management of
dwelling units within the development.

RETAIL ESTABLISHMENT
An establishment engaged in selling goods or merchandise to the general public for personal or
household consumption and rendering services incidental to the sale of such goods, including
furniture and appliance sales and business centers. These establishments are characterized by the
following: 1) They buy and receive as well as sell merchandise; 2) They may process some products,
but such processing is incidental or subordinate to the selling activities; and 3) They predominantly
sell to customers for their own personal or household use.

RETAIL, NEIGHBORHOOD
A retail establishment that is under 3,000 square feet gross floor area.

RETAIL, SMALL
A retail establishment that is under 10,000 square feet gross floor area.

RETAIL, MEDIUM
A retail establishment that is under 25,000 square feet gross floor area.

RETAIL, LARGE
A retail establishment that is over 25,000 square feet gross floor area.

RIGHT OF ACCESS
The legal authority providing for the right of ingress to or egress from a public street.

RIGHT-OF-WAY
A strip of land acquired by dedication, reservation, prescription, or condemnation occupied or
intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line,
streetscape improvements, street furniture, or other similar use.

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RIGHT-OF-WAY LINE
The lines that form the boundaries of a right-of-way.

ROAD AUTHORITY
The unit of government having control of the right of access to a right-of-way.

ROADWAY
That portion of a street, common area or easement area improved for use by motor vehicles,
including travel lanes and parking lanes, but not including driveways.

SAND OR GRAVEL EXCAVATION

An excavation or unconsolidated sediments including gravel, sand, or peat that meets or exceeds
any of the following thresholds and exceeds practices allowed through a Grading Permit:
1. Activities principally designed to mine, extract, or remove unconsolidated sediments for
commercial purposes;
2. Removal from the site of more than 20,000 cubic yards of unconsolidated sediments per
acre of land being excavated or more than 100,000 cubic yards from a single site; or
3. A substantial land alteration (see definition in this Chapter) designed to occur for more than
48 months.

SCHOOL
A public school as defined in Minn. Stat. Ch. 120.05, or a nonpublic school as defined in Minn. Stat.
Ch. 123.932.

SEASONAL SALES
A building or structure used for the retail sales of Christmas trees, holiday décor and seasonal gifts,
fresh fruits, vegetables, flowers, herbs, or plants. Such use may also involve the accessory sales of
other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces
or baked goods, and homemade handicrafts. No commercially packaged handicrafts or commercially
processed or packaged foodstuffs shall be sold. Such uses also include “pick your own”
establishments where customers gather their own produce from the fields for purchase and off-site
consumption.

SEDIMENTATION
Sedimentation shall mean the settling out of soil particles that have been transported by water or
wind. (Sedimentation occurs when the velocity of water or wind in which soil particles are suspended
is slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out
of suspension or when the degree of slope is lessened to achieve the same result).

SELF SERVICE STORAGE FACILITY

An establishment designed and used for the purpose of renting or leasing individual storage spaces
to tenants who have sole private access to such space for storing personal property.

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SEMIPUBLIC USE
The use of land by a private, nonprofit organization to provide a public service that is ordinarily open
to some persons outside the regular constituency of the organization.

SENSITIVE LANDS
Land that features significant and/or fragile environmental qualities like wetlands, threatened or
endangered species, wildlife habitat, unstable or potentially unstable slopes, expansive soils, stands
of mature trees, other significant natural features, as well as properties that are subject to periodic
inundation, subsidence of the earth’s surface, high water table, or have difficult topography,
unstable soils, wetlands, or other natural or human-created hazards to life or property, as
determined by the City Engineer.

SENSITIVE RESOURCE MANAGEMENT

The preservation and management of areas unsuitable for development in their natural state due to
constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils,
steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SETBACK
The separation in linear feet, measured on a horizontal plane, required between the wall of a
building and each of its lot lines at a given height.

SETBACK PLANE
A theoretical plane extending over the lot and inclined upward from the horizontal by a designated
number of degrees and intersecting with the ground at the lot line.

SHELTER, STORM
A structure or portion of a structure intended to provide protection to human life during periods of
danger to human life from nuclear fallout, blasts, air raids, storms, or other emergencies.

SHOOTING RANGE OR GUN RANGE

An area or facility designated or operated primarily for the use of firearms.

SHORELAND-RELATED DEFINITIONS

BLUFF IMPACT ZONE

A bluff and land located within 20 feet from the top of a bluff.

SHORELAND IMPACT ZONE

Land located between the ordinary high water level of a public water and a line parallel to it at a
setback of 50 percent of the building setback.

SHORELAND
Land located within 300 feet from a river or stream, or the landward extent of a floodplain
designated by ordinance on a river or stream, whichever is greater.

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SHRUBS
Typically are multi-stemmed woody plants that at maturity are normally less than 15 feet in height.
Shrubs are typically low growing plants that can be used for creating hedges, screening, and for
windbreaks.

SIDEWALK
A hard-surface or raise pathway located within or outside the street right-of-way that is designated for
the exclusive use of pedestrian traffic.

SIGN-RELATED DEFINITIONS
When used in the context of regulating signs, the following terms shall have the definitions shown
below.

BACK LIGHTING
The sign message is raised off of the sign's background and illuminated by a light source
located behind the message that illuminates the background.

BANNER
A strip of cloth-like, vinyl, lightweight or other woven material on which a sign appears.

BILLBOARD
A sign that directs attention to any person, product, event, service, or other matter that is not
related to or on the premises where the sign is located.

SIGN, BUSINESS CENTER

An identification sign for a commercial site with multiple tenants, displaying the names of each
tenant on the site.

CANOPY, SERVICE
A roof-like structure attached to or detached from the principal building that provides only
overhead protection to outside customer service areas.

CANOPY, SUN
An awning made of cloth or permanent construction, attached to the wall of a building, for the
purpose of shielding windows or doorways from the elements.

ELECTRONIC MESSAGE BOARD

A sign or component of a sign that uses changing lights to form a message or series of
messages that are electronically programmed or modified by electronic processes.

MARQUEE
A structure attached to and projecting from a wall of a building, located above an entrance.

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MURAL
A painting or similar work of art on the side, ground, or ceiling of a building, wall, or structure.

INTERNAL LIGHTING
The sign is illuminated by a light source located inside of the sign structure including neon
lighting, illuminated channel letters, and lightboxes.

SIGN
Any object, device, display, structure, or part thereof, situated outdoors or indoors, that is
displayed to attract the attention of the public while on public streets, highways, or walkways by
any means, including words, letters figures, designs, symbols, fixtures, colors, illumination, or
projected images. Signs do not include merchandise or other objects visible in a window display,
and do not include signs located more than 18 inches inside the outer walls of a building and
not intended to be viewed by persons outside the building.

SIGN, FREESTANDING
A self-supporting sign resting on or supported by means of poles, standards of any other type of
base anchored to the ground.

SIGN, NOVELTY
A portable sign with a structure designed, in whole, to resemble an animal or other character
figure and that includes a changeable message sign, either as an integral part of the structure
or attached to the structure in some manner, and usually transported on a trailer.

SIGN, PORTABLE
Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including but not limited to: signs designed to be transported by
means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons
used as signs; movable flags (excluding banners); umbrellas; and signs attached to or painted
on vehicles parked and visible from the public right-of-way, unless the vehicle is used for normal
day-today operations of the occupant of the lot or property.

SIGN, PROJECTING
A sign, other than a wall sign, that attaches to and projects from a structure or building façade.

SIGN, ROOF
A sign mounted on the roof of a building or that depends upon a parapet wall for support.

SIGN, STACKED MULTIPLE DISPLAY FACES

A sign structure containing signs that are placed in a vertical or horizontal row and that contain
more than one sign designed to provide information to the public.

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SIGN, WALL
A sign mounted parallel to or an integral part of a building façade or other vertical building
surface. Signs in shop windows are included.

SIGN CREDIT
A benefit granting the holder of the credit the right to erect a new billboard that conforms with
all applicable laws upon the furnishing of proof to the Community Development Director that an
existing legal nonconforming billboard and its supporting structure have been removed.

SPOT LIGHTING
The sign is illuminated by spotlights directed specifically at the sign area.

SITE
Any lot or parcel or combination of lots or parcels assembled for the purpose of development.

SITE AREA
The minimum size of parcel or tract, in square feet, on which the development of a particular use
may occur, measured on a horizontal plane. See also Lot Size.

SITE DEVELOPMENT PLAN

An integral set of documents that may consist of both drawn and written materials whose purpose is
to provide the necessary information needed for an approving authority to decide whether the
proposed development will comply with the UDC standards.

SLOPE
An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical
magnitude.
3:1

slope = 3:1 = 3 feet horizontal to 1 foot vertical

SOCIAL SERVICES
An establishment that provides social or welfare services to those in need, for no fee or
compensation, or at a fee recognized as being significantly less than charged by profit-making
organizations. Services may include but are not limited to information and referral services;
counselling; skill development; aid through the provision of food, clothing, daytime or overnight
sheltering; life skill and personal development programs; alcohol, drug, or substance abuse
counselling centers; and drop-in or activity space.

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SOIL EROSION
The removal and/or loss of soil by the action or water, ice, gravity, or wind, including both the
detachment and transport of soil particles.

SOLAR COLLECTOR, GROUND- OR BUILDING-MOUNTED

A photovoltaic (PV) panel, array of panels or other solar energy device, the primary purpose of which
is to provide for the collection, inversion, storage, and distribution of solar energy for electricity
generation, space heating, space cooling, or water heating. Ground-Mounted Solar Collector may be
a principal or accessory use. Building-Mounted Solar Collector is an accessory use. Building-Mounted
Solar Collector includes agrivoltaic systems and parking canopy solar systems.

SPECIALIZED EDUCATION
An establishment engaged in furnishing specialized academic or technical courses, normally on a fee
basis, including but not limited to vocational or distance-learning schools; cosmetology schools;
computer, networking, and technology schools; and paralegal or medical assistant programs; along
with non-degree granting schools, establishments providing art or physical education instruction, or
any other instructional establishment that does not meet the definition of a College or University or
School.

SPECIFIED ANATOMICAL AREAS

Anatomical areas consisting of:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or
female breast(s) below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Activities consisting of the following:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation, or torture
in the context of a sexual relationship, or the use of excretory functions in the context of a
sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, anal
sex, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or
5. Situations involving a person or persons, any of whom are nude, clad in undergarments or in
sexually revealing costumes, and who are engaged in activities involving the flagellation,
torture, fettering, binding or other physical restraint of any such persons; or

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6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a
human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.

STAFF
The Community Development Director and all employees of the Community Development
Department of the City under the supervision of and subject to the authority of the Community
Development Director.

STANDARD RESTAURANT
An establishment whose primary business is the sale of food and/or beverage to customers in a
ready to consume state, and whose principal method of operation includes two or more of the
following characteristics:
1. Customers may be seated by a restaurant employee and place their order to the restaurant
employee from menus at the table; and/or
2. Customers, are served their food and beverage by restaurant employees at the same table or
counter where the food and/or beverage are consumed; and/or
3. A cafeteria type operation where food and beverage generally are consumed within the
restaurant building.
4. Food is served on ceramic, porcelain, glass or similar table ware.

STEEP SLOPE
Lands having average slopes over 12 percent over horizontal distances of 50 feet or more that are
not bluffs.

STREET NAMING RELATED DEFINITIONS

When used in the context of designating public or private roadways, the following terms shall have
the definitions shown below.

AVENUE
A roadway aligned in a north and south direction, conforming to the appropriate address grid
line, and generally designated by a number.

BOULEVARD
A roadway divided by a landscaped center island and generally designated by a name.

CIRCLE
A roadway containing a closed loop that is not interrupted by a through roadway and
generally designated by a name.

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COURT
A roadway having a horseshoe shape and whose terminus point begins and ends at the
same roadway and generally designated by one name throughout its entire length.

DRIVE
A curvilinear roadway of more than 1,000 feet in length and generally designated by a name.

LANE
A roadway ending in a cul-de-sac that is not interrupted by a through roadway and generally
designated by a name.

PARKWAY
A special scenic route or park drive generally designated by a name.

PLACE
A short curvilinear or diagonal roadway less than 1,000 feet in length generally designated by
a name.

PRIVATE ROADWAY
A roadway constructed on private land and not maintained by a city, township, or Olmsted
County.

ROAD
A diagonal or curvilinear roadway more than 1,000 feet in length and generally designated by
a name.

STREET
A roadway aligned in an east-west direction, conforming to the appropriate address grid line,
and generally designated by a number.

STORAGE CONTAINER
A fully enclosed structure made of metal or other construction materials, that is not part of a primary
building and is intended to be used for storage purposes. Storage containers are individual units that
are periodically removed from a property by truck and are considered a structure without any
attached foundation or footings. A storage container may be a self-contained unit that includes
wheels and is licensed as a vehicle or a unit that must be trucked to a site and removed from the
trailer used for transport. This definition excludes warming sheds at city parks and schools,
prefabricated sheds typically used for household, garden, or hobby storage, dumpsters, or roll off
containers that are used for the collection of solid waste. Storage containers are also referred to as
cargo containers, temporary storage containers, portable storage containers, containerized storage
devices, semi-trailers, or truck-trailers.

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STORMWATER MANAGEMENT PLAN

An engineering analysis that describes the effect of development on an existing landscape and the
mitigation necessary to meet applicable ordinances, regulations, and standards related to water
quality, conveyance, and flooding. The stormwater management plan also presents the engineering
process and calculations performed to design a development in compliance with applicable
regulations and standards.

STORY (OF A BUILDING)

That portion of a building included between the upper surface of any floor and the upper surface of
the floor next above, except that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor
level directly above a usable or unused under floor space is more than six feet above grade for more
than 50 of the total perimeter or is more than 12 feet above grade at any point, such usable or
unused under floor space shall be considered as a story.

STORY, FIRST (OF A BUILDING)

The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a
building having only one floor level shall be classified as a first story, provided such floor level is not
more than four feet below grade for more than 50 percent of the total perimeter, or not more than 8
feet below grade at any point.

STREET
A strip of land used or intended to be used for the passage or travel of motor vehicles, non-motorized
vehicles, and pedestrians, including roadway, boulevard, medians, islands, paths, sidewalks, and
related facilities.

STREET, PRIVATE
A street owned and maintained by one or more private property owners.

STREET, PUBLIC
A street established on a right-of-way that has been dedicated for public use.

STRUCTURAL ALTERATION (OF A BUILDING)

Any change in the supporting members of a building, such as the bearing walls, beams or girders, or
any change in the dimension or configuration of the roof or exterior walls.

STRUCTURE
A combination of materials to form construction for use, occupancy, or ornamentation, whether
installed on, above or below the surface of land or water.

STRUCTURE, TEMPORARY
A building or structure without foundation or footings that is designed to be transportable and that is
not designed for attachment to the ground, to another structure, or to any utility system on the same
premises for an undetermined length of time.

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SUBDIVISION
The separation of an area, parcel, or tract of land into two or more parcels, tracts, lots, or into long
term leasehold interests where the creation of the leasehold interests necessitates the creation of
streets, roads, or alleys, for residential, commercial, industrial or any other use or any combination
thereof, except for those subdivisions exempted by Minn. Stat. Ch. 462.352 (sub. 12).

SUBDIVIONS, SIMPLE VERTICAL

A subdivision where the platted area is vertically separated by simple planes across the entire
extent of the lot. The vertical subdivision is intended to allow each vertical component of the lot
to be located within a separate legal parcel, and not to subdivide individual tenant spaces
and/or residential units.

SUBDIVISION, COMPLEX VERTICAL

A subdivision where the platted area is separated by anything other than simple planes across
the entire breadth of the lot.

SUBSTANTIAL LAND ALTERATION

A development activity that meets or exceeds any of the following thresholds and exceeds practices
allowed through a Grading Permit:
1. Grading activities designed to occur for more than 24 months and less than 48 months;
2. The removal from a site of more than 10,000 gross cubic yards of earth material per acre
and less than 20,000 gross cubic yards of earth material per acre;
3. An exposed bedrock slope steeper than 3:1 that is over ten feet and less than 25 feet in
height occurring at any time during or following excavation;
4. A movement of 500 cubic yards or more of earth that involves a change in natural or pre-
existing grades of ten or more vertical feet for any portion of a parcel; or
5. Any movement of earth on the entire parcel in excess of 100,000 cubic yards.

SWIMMING POOL
A private recreational pool, pond, lake, or open tank not located within a completely enclosed
building and capable of containing water to a depth at any point greater than 24 inches.

SWIMMING POOL, ABOVE GROUND

A swimming pool whose exposed sides have a height of four feet or greater above the natural ground
located adjacent to said swimming pool.

SWIMMING POOL, IN-GROUND

A swimming pool whose sides are not exposed and are below the natural ground located adjacent to
said swimming pool.

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SWIMMING POOL, SURFACE

A swimming pool whose exposed sides have a height of more than 24 inches, but less than four feet
above the natural ground located adjacent to said swimming pool.

TATTOO OR PIERCING PARLOR

An establishment whose primary business activity is the practice of one or more of the following:
1. The placement of designs, letters, figures, symbols, or other marks upon or under the skin of
any person, using ink or other substances that result in the permanent coloration of the skin;
2. Creation of an opening in the body of a person for the purpose of inserting jewelry or other
decoration.

TELECOMMUNICATIONS-RELATED DEFINITIONS
When used in the context of regulating telecommunications, the following terms shall have the
definitions shown below.

COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICE (CWTS)

A facility that transmits and/or receives signals or waves radiated or captured by a wireless
telecommunications antenna. It may include: antennas of all kinds including microwave dishes,
horns, and other types of equipment for the transmission or reception of such signals,
telecommunications tower or similar structures supporting said equipment, equipment buildings
or cabinets, parking area, and/or other accessory development in order to provide
telecommunication services including cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and
similar services that are marketed to the general public. Non-commercial or broadcasting
antennas are not considered to be wireless telecommunications utilities.

CWTS, CO-LOCATED ON EXISTING STRUCTURE

A CWTS located on the same structure as other CWTS, including a public utility structure, for
mounting wireless telecommunications antennas by more than one provider of wireless
telecommunications services.

CWTS, FREESTANDING
A CWTS that consists of a standalone support structure, antennas, and associated equipment.
The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure.

CWTS, STEALTH ON EXISTING STRUCTURE

A CWTS that is aesthetically integrated or otherwise consistent with surrounding existing
buildings, structures, and landscaping, including height, color, style, massing, placement,
design, and shape, and that does not visually stand out as a CWTS.

EQUIPMENT STRUCTURE OR CABINET

A cabinet, structure or building that houses telecommunications and related electrical
equipment used by wireless telecommunications services.

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FALL ZONE
A graphically represented, geographically identified boundary that encompasses the predicted
area of land identified by a registered engineer that will completely contain all the pieces of a
collapsed monopole tower as a result of a structural failure.

SMALL-CELL CWTS
A CWTS that is designed to act as a booster site that provides increased localized network
capacity. A small-cell CWTS has three or fewer antennas, no greater than four feet long each,
and does not exceed 35 feet in height for a freestanding small-cell CWTS, and includes
associated equipment cabinet(s).

TOWER
Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet,
including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose
of mounting an antenna, meteorological device, wind energy conversion system, or similar
apparatus above grade.

TOWER-GUYED
A tower that is supported, in whole or in part, by guy wires and ground anchors used to mount
an antenna.

TOWER-LATTICE
A guyed or self-supporting three or four sided, open, steel frame tower used to mount an
antenna.

TOWER-MONOPOLE
A tower consisting of a single, enclosed pole, constructed without guy wires and ground anchors
used to mount an antenna.

WIRELESS TELECOMMUNICATIONS ANTENNA

A component of a CWTS. Any exterior transmitting or receiving device that may be mounted on a
tower, building, or structure and used in communications that radiates or captures
electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar
signals), or other commercial signals. It includes, but is not limited to, directional antennas
(such as panels, microwave dishes, and satellite dishes) and omni-directional antennas (such as
whips), but not including a communications tower.

WIRELESS TELECOMMUNICATIONS TOWER

A component of a CWTS. A structure intended to support wireless telecommunications
antennas. Examples of such structures include, but are not limited to, freestanding poles (such
as monopoles, masts, poles, or guyed towers) and lattice construction steel towers.

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TEMPORARY HOUSING
Any tent, recreational vehicle or other temporary structure used for human shelter that is designed to
be transportable and that is not attached to the ground, to another structure, or to any utility system
on the same premises for the purpose of occupancy for more than 30 consecutive days.

TEMPORARY PERMIT
A permit that allows property to be used in a manner that does not conform to the regulations of the
applicable zoning district established for a fixed period of time with intent to discontinue such use
upon the expiration of such time. A temporary permit shall not involve the construction or alteration
of any permanent building or structure.

TENANT
For the purposes of public notice, any leaseholder, resident, or occupant at an address who is not
the owner of that property.

TENNIS COURT
An indoor or outdoor facility designed with courts specifically for the recreational use of tennis,
squash, handball, and/or other similar court games.

TRAFFIC ENGINEER
The traffic engineer for the applicable Road Authority of a public street.

TRANSPARENCY
The ability to see through with clarity. An opening in the building wall allowing light and views
between interior and exterior. Measured as glass area for buildings, glass or screen area for porches
and as open area for parking structures.

TRANSPORTATION SERVICES
An establishment furnishing services related to the arrangement of persons and goods movements,
such as freight forwarding, parking services, or the rental/leasing of automobiles or two axle trucks.

TURNOUT
An area at the end of a dead-end parking lot designed to allow for the backing of vehicles at the end
of the parking lot.

UNDERSTORY PLANTING OR TREE

Plantings or trees that consist of single or multi-stem trunks that, at maturity, will normally be
between 15 and 30 feet in height. These small to medium-sized trees or plantings often prefer
shade and grow naturally under the canopy of larger trees, where they are used for variety and
aesthetic purposes in plantings.

UNDISTURBED, AREA OF
An area of special site preservation to qualify for floor area or density bonus, in which the natural
ground cover and plant or woodland growth shall not be removed except through actions:

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1. Necessary to limit the spread of disease and noxious weeds,

2. To trim or remove dead trees or parts of dead trees that are a hazard, or
3. To control the erosion of soil from the site.

UPZONING
A change in zoning allowing more intensive development. More intensive development is indicated
by an increase in density, a broadened range of authorized uses, an increased floor area ratio, a shift
from residential to commercial development, or a shift from commercial to industrial development.

URBAN AGRICULTURE
The cultivation of food and/or horticulture crops, aquaponics, aquaculture, and/or hydroponics. Such
use may include the production and sale of food products from food grown on the premises. Urban
Agriculture includes the raising of small animals like bees for the purpose of producing honey and
chickens for the purpose of producing eggs, but does not include slaughtering or selling meat or the
keeping of any large animals. All such activities must comply with all applicable provisions of the
Rochester Code of Ordinances.

USABLE RECREATION AREA

A space provided as an accessory use on the same lot or site as a primary residential use and
designed for the conduct of active or passive recreation.

USE (OF LAND)

The purpose or activity for which land or buildings are designed, arranged, or intended, or for which
land or buildings are occupied or maintained.

USE, ACCESSORY
A use of land that is secondary and subordinate to the primary use of land.

USE, PRIMARY
The primary use of land or buildings as distinguished from subordinate or accessory uses.

UTILITY, MAJOR
A facility providing an important regional utility service, such as water, sewer, or drainage, that
normally entails construction of new buildings or structures, and that sometimes have employees on
the site on an ongoing basis including but not limited to water towers, natural gas regulating
stations, electric substations, water treatment plants, sewage treatment plants, above- or below-
ground reservoirs, regional stormwater detention ponds, electric power lines that transmit over 110
KV of power, and other large facilities that enable the provision of utility services to large geographic
area or a large number of people. Major Utility does not include Geothermal Energy System, Ground-
or Building-Mounted Solar Collector, or Ground- or Building- Mounted Wind Energy Conversion
System (WECS).

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UTILITY, MINOR
Equipment necessary to support utility services to development within the immediate vicinity and
that involves only minor accessory structures, and that typically do not have employees located at
the site on an ongoing basis including but not limited to electric transformer stations and service
boxes, gas regulator stations, telephone service boxes, and well, water and sewer pumping stations,
and related underground and aboveground pipes and wires, but excluding electric power
transmission lines that transmit over 110 KV of power.

VARIANCE

Any deviation, other than a minor modification or a major modification, from the regulations of the
applicable zoning district.

VETERINARY AND ANIMAL SERVICES

A commercial establishment engaged in the practice of veterinary medicine, dentistry, or surgery,
along with those providing animal related services such as kennels, grooming, or breeding services.
A single instance of incidental breeding of a household animal is not included in this definition.

VERTICAL SUBDIVISIONS
The three-dimensional subdivision of space into separate ownership parcels within an existing
building or proposed building project by registered land survey.

VISIBILITY TRIANGLE
The triangular area formed by joining points measured 30 feet along the property line from the
intersection of two streets, or by joining points measured 10 feet back along a driveway and lot line
from the point of intersection of the driveway and lot line. As an alternative to Subsection a, the City
Engineer may, on a site-specific basis, apply American Association of State Highway and
Transportation Officials (AASHTO) standards based on a site-specific evaluation of intersection
visibility.

WALKWAY
A right-of-way for pedestrian or bicycle that does not meet the definition of a sidewalk, bikeway, or
multi-use trail.

WALL
The vertical exterior surface of a building.

WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY

A small above ground building or other improvement, except stairways, fences, docks, and retaining
walls, that, because of the relationship of its use to a surface water feature, reasonably needs to be
located closer to public waters than the normal building setback including but not limited to
boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

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WETLAND
An area that is inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances supports a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas as identified in Minnesota Rule, part 6420-0.111.

WHOLESALE FACILITY
An establishment engaged primarily in selling merchandise to retailers, or to industrial, commercial
institutional or professional business customers, or to other wholesalers, or on a mail order basis to
individuals or firms, or that serve as agents or brokers buying merchandise for, or selling
merchandise to, individuals and companies.

WIND ENERGY RELATED DEFINITIONS

When used in the context of regulating wind energy conversion systems, the following terms shall
have the definitions shown below.

WIND ENERGY CONVERSION SYSTEM (WECS)

A wind energy conversion system as defined in Minn. Stat. Ch. 116C, as amended (“… any
device such as a wind charger, windmill, or wind turbine and associated facilities that converts
wind energy to electrical energy”) (MR 7836.0100).

WIND TURBINE
A machine used to produce electricity by converting the kinetic energy of wind to electrical
energy. A wind turbine consists of a rotor, nacelle, tower and supporting cables, and foundation.

WOODLAND
An area of planted material covering one acre or more with a minimum dimension of 66 feet, having
a density of twenty trees or more per acre with a caliper of eight inches or more.

YARD
A ground level open space that lies between a primary building and the nearest lot line. Such yard is
unobstructed and open to the sky except as may be specifically provided for in this UDC.

YARD DEPTH
The shortest distance between a lot line and a wall of a building located on the lot.

YARD LINE
A line drawn parallel to a lot line at a distance therefrom equal to the depth of the minimum required
yard or setback that defines the required yard area.

YOUTH FACILITY
A public playground, public swimming pool, public library, or licensed day care facility.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 447
Chapter 60.600: Definitions
Section 60.600.030 Definitions

ZONING CERTIFICATE
A document issued by the Community Development Director permitting a use of a building or on a
parcel of land to commence, based upon a finding that the development is consistent with the terms
of the zoning certificate authorizing the development.

ZONING MAP
The map or maps showing the boundaries of the zoning districts listed in this UDC. The zoning map is
considered a part of this UDC.

Rochester, Minnesota Unified Development Code

June 2022 – Adoption Draft 448

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