Annotated Outline & Crosswalk

Annotated Outline & Crosswalk 3.13.2020

City of Rochester Annotated Outline and Crosswalk – STAFF DRAFT 1

TABLE OF CONTENTS

TABLE OF CONTENTS 1

PART 1: INTRODUCTION 2

PART 2: ANNOTATED OUTLINE 3

60.100 General Provisions 3

60.200 Zone Districts 4

60.300 Allowed Uses 7

60.400 Development Standards and Incentives 9

60.500 Procedures and Administration 14

60.600 Definitions 18

General UDC Issues and Reorganized LDM Table 18

PART 3: CROSSWALK OF LDM TO UDC SECTIONS 29

PART 4: CONCLUSION 38


PART 1: INTRODUCTION

On January 1, 2020, the City of Rochester began an ambitious project to convert its Land Development Manual (LDM), which contains the City’s zoning and subdivision regulations, into a clearer and more robust Unified Development Code (UDC). The current zoning and subdivision regulations are found in chapters 60 through 65 of the LDM. Those chapters were adopted in 1992, with specific sections added or amended over the years; however, a comprehensive evaluation of the regulations has not been completed since the adoption. The purpose of the project is to update and align the zoning and subdivision regulations to:

Help implement Rochester’s 2018 Comprehensive Plan, Plan 2 Succeed (P2S);

Expand housing diversity to provide an ample supply of the right type of housing in the right locations to meet the needs of a diverse and growing population;

Improve community connectivity to provide convenient and efficient movement of people and goods to and throughout Rochester;

Promote Rochester’s commitment to health, wellness, and the environment; and

Make the City’s development regulations as user-friendly as possible.

The conversion of the LDM into a UDC will not involve updates to Rochester’s adopted plans or the Building Code. Evaluating Rochester’s development regulations is a major undertaking and will require substantial community input and collaboration among a wide range of Rochester stakeholders. The project team is being led by Rochester Community Development Department staff with support from Clarion Associates, a Denver-based national land use consulting firm that specializes in zoning and plan implementation. Following this Introduction, this report is organized into two main parts:

Annotated Outline -- A detailed outline of the new UDC that organizes the zoning and subdivision regulation into a more logical order and indicates where changes and updates to the current regulations will be made.

Crosswalk -- A two-column table indicating where the content from each existing section of the LDM (as revised and updated) will appear in the new UDC.


PART 2: ANNOTATED OUTLINE

This section of the document proposes a revised format and organization for the updated UDC. It begins with a brief explanation and table of the new proposed organization of the UDC. That is followed by more detailed information on the contents of each proposed chapter and section. Following this table is a short narrative highlighting general issues that are applicable to multiple sections of the LDM. The section ends with two tables showing where sections and subsections of the current LDM will be addressed in each part of the new UDC. The following table illustrates how the new UDC will be organized. The UDC will have three basic levels: chapter, section, and subsection. The entire UDC will be in one new chapter 60, which will be organized into six sections 100 through 600 -- on main topics (e.g. Zone Districts, Allowed Uses). The subsection level will house the specific regulations in each section. This new organization will make it much simpler for citizens to find the answers to common zoning questions, such as what uses are allowed, how large a new building can be, and whose approval is needed for each type of new development in Rochester. Where land use regulations that affect the use and development of property owners in Rochester are administered or enforced by an entity other than the City of Rochester, the text will clarify that fact.

New UDC Organization Corresponding Levels for the New UDC

60 Land Development Manual Chapter

60.100 General Provisions Section

60.100.010 Title Subsection

60.100 GENERAL PROVISIONS

This chapter will include the materials related to the legal authority, purposes, and applicability of the UDC. In addition, it will describe the relationship between the UDC and other City, state, and federal regulations, as well as private restrictive covenants. Importantly, it will describe how a fair and transparent transition from the existing Rochester LDM to the UDC will occur. The proposed sections for this chapter include the following:

60.100.010 TITLE

This section will state the title of the chapter -- The City of Rochester Unified Development Code.

60.100.020 PURPOSE

This new section describes the purposes of the UDC, reflecting the key goals of P2S, Rochester’s 2018 Comprehensive Plan.

60.100.030 APPLICABILITY

This section will clarify that all development and redevelopment in the City must comply with the UDC unless explicitly exempted elsewhere in the UDC or by state or federal law.

60.100.040 AUTHORITY

This section references applicable Minnesota law granting the City the authority to regulate the use, division, and development of land.

60.100.050 RELATIONSHIP TO RESTRICTIVE COVENANTS

This new section will clarify that in the case of a conflict between the UDC and the provisions of a private restrictive covenant, the provisions of the UDC shall apply. Although any restrictive covenant provisions inconsistent with the UDC will continue to exist, this section will clarify that the existence of inconsistent restrictive covenants does not


affect Rochester’s ability to administer the UDC as written, and that the City has no obligation to enforce private restrictive covenants.

60.100.060 TRANSITION RULES

This new section will explain how the City will transition from the provisions of the current LDM to the UDC. More specifically, it will state that any complete application filed before the effective date of the UDC shall be governed by the provisions of the current LDM. Incomplete applications pending on the effective date, and applications filed after the effective date, will be governed by the UDC.

60.100.070 EFFECTIVE DATE

This new section will state the effective date of the UDC.

60.100.080 SEVERABILITY

This section will include the severability standards for the UDC. In addition, because sign regulations sometimes attract challenges, it will specifically state that each provision of the sign regulations is intended to be severable, so that invalidation of any of them will not invalidate any other portion of the sign regulations.

60.200 ZONE DISTRICTS

This chapter will list the zoning districts available in the City, including the overlay districts, as well as the purpose of each district and any regulations that are unique to that district. It will not identify specific permitted or conditional uses for each district, as that information will be consolidated in Section 60.300 (Allowed Uses) below. The proposed sections for this chapter are summarized below.

60.200.010 ZONING DISTRICTS ESTABLISHED

This section will include a table listing all the zoning districts. The current mix of zoning districts will be reorganized and consolidated into four categories: Residential Districts, Mixed Use Districts, Special Purpose Districts, and Overlay Districts. A few very similar zoning districts will be consolidated, and several zoning districts will be renamed to better reflect their intended purpose. As an example, potential simplification or consolidation of the substantially similar R-1, R-1x, and R-2 districts is still under discussion. Some current districts will be removed from the UDC – either because they are obsolete and not needed to implement the Comprehensive Plan, or because their regulations can be incorporated elsewhere in the UDC. A few new zoning districts will be created to better carry out the policy direction established by the P2S Comprehensive Plan. The new mix of districts will offer opportunities for property owners currently zoned PUD to find a base (non-PUD) zone district that better meets their needs and simplifies future administration. The table below shows the proposed lineup of new zone districts and how the current LDM districts would be integrated into that lineup.

CURRENT LDM ZONE DISTRICTS PROPOSED UDC ZONE DISTRICTS

AGRICULTURAL AND RESIDENTIAL

AG - Agricultural AG - Agricultural

R-Sa – Mixed Single Family Overlay (functions as base district)

R-E – Residential Estate

R-1 – Mixed Single Family (6,000 sf minimum lot size)

R-1 – Mixed Single Family

R-1x – Mixed-Single Family Extra (6,000 sf minimum lot size)

R-1x – Mixed Single Family Extra

CN-NR – Core Neighborhoods – Residential (No land currently zoned)

Remove – Replaced by R-2x in 2018


CURRENT LDM ZONE DISTRICTS PROPOSED UDC ZONE DISTRICTS

R-2 – Low Density Residential (5,500 sf minimum lot size)

R-2 – Low Density Residential

R-2x – Low Density Residential (3,000 sf minimum lot size)

R-2x – Low Density Residential Infill

R-2S – Low Density Small Lot (NEW) (2,000 sf minimum lot size)

R-3 – Medium Density Residential (3,500 sf minimum lot size)

R-3 – Medium Density Residential

R-4 – High Density Residential R-4 – High Density Residential

MIXED USE

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 (NEW)

B-4 – General Commercial MX – G Mixed Use General

MRD – Mixed Redevelopment MX-I – Mixed Use Institutional

TOD – Transit Oriented Development (node and corridor subdistricts)

MX-T – Transit Oriented Development (node and corridor subdistricts)

CDC – Central Development Core (four subdistricts)

MX-D – Mixed Use Downtown (three subdistricts – CDC-res replaced by a residential district)

SPECIAL PURPOSE

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

D – Developing District (No land currently zoned)

Remove

PUD – Planned Unit Development (legacy district – no longer used)

Remove zone district from UDC, but retain procedures for amending existing approved PUDs

OVERLAY DISTRICTS

Airport Protection Overlay (NEW)

DE - Decorah Edge DE - Decorah Edge

DMCDPOZ – Destination Medical Center Downtown Parking Overlay Zone

Remove – include content in parking regulations

DPOZ – Downtown Parking Overlay Zone Remove – include content in parking regulations

FF – Flood Fringe District FFO – Flood Fringe Overlay

FP – Flood Prone District FPO – Flood Prone Overlay

FW Floodway – District FWO – Floodway Overlay

SD – Special District Remove

LCO – Local Character Overlay (NEW)

Shoreland District SDO – Shoreland District Overlay

This new zone district structure will provide more flexible base zone districts that are better tailored to the goals of the 2018 Comprehensive Plan. Among other benefits, the new and consolidated districts will offer significant new opportunities for mixed use development that can shorten driving, biking, and walking trips. It would also allow


many property owners to obtain the flexibility they need without going through a negotiated process. Where appropriate, residential districts will be modified to allow for more diversity in housing types (e.g. apartments, townhomes, tiny homes, etc.) -- which will help meet Rochester’s affordable housing challenge.

60.200.020 OFFICIAL ZONING DISTRICTS MAP

This section will indicate that an official zoning map has been adopted as part of the UDC. It will also clarify that the official Rochester zoning map is the latest electronic version of that map containing all changes approved by City Council to date.

60.200.030 BASE DISTRICTS

This section will include a two-page spread for each base district, each of which will contain a purpose statement, a conceptual drawing showing the intended scale and general character of development intended in the district, and a table and axonometric drawing showing key dimensional standards, as well as any standards and provisions unique to that district (except Allowed Uses). It can also include cross-references to other relevant chapters of the UDC if desired. An example of a two-page spread of a base district from Bloomington, Indiana, is provided below, and we can provide other examples upon request by the City.

An example of a two-page spread of a base district from Bloomington, Indiana. The spread illustrates a simple

format organized by purpose and dimensional standards with illustrations of the intended scale and character and

dimensional standards.

60.200.040 OVERLAY DISTRICTS

This section will contain the regulations for Rochester’s overlay zoning districts -- i.e. mapped areas subject to special standards whose boundaries do not necessarily coincide with the boundaries of base zoning districts. The three current flood related overlay districts will be carried forward. The current shoreland district standards will be incorporated as an overlay district. The two current downtown parking overlays will not be carried forward, but their contents will appear in the parking regulations. In addition, we recommend that Rochester consider creating four new overlay districts in order to give citizens, property owners, and potential investors a complete picture of land use opportunities and constraints applicable to their property:


A new Airport Protection Overlay district would integrate or cross-reference the Rochester International Airport Zoning Ordinance with Federal Aviation Administration (FAA) Part 77 requirements on building heights near runways, as well as FAA restrictions on land uses under runway approach paths. It would also provide a place for insertion of any future noise contours or noise mitigation requirements that Rochester may wish to adopt in the future. The role of the Joint Airport Zoning Board in administering these regulations will be clarified. The areas to which each type of restriction apply would parallel the map incorporated in the Rochester International Airport Zoning Ordinance and would be shown on a digitized overlay layer on the zoning map.

A Decorah Edge Overlay District would incorporate or cross-reference the content of the ordinance of the same name currently found at Section 9.20 of the Olmsted County Zoning Ordinance and would clarify that the ordinance is implemented and administered by the County.

A Heritage Preservation Overlay District would incorporate the content of Section 4-7 (Heritage Preservation) of the Rochester Code of Ordinances and integrate those regulations and related procedures into the UDC.

The proposed Local Character Overlay would replace the current Special Districts and serve a different purpose. It would allow applicants to propose supplements to existing zoning regulations in order to support the goals and policies of the Comprehensive Plan like encouraging pedestrian, bicycle, and transit-friendly design. However, it will only be available for neighborhood-scale modifications, and not for property-specific modifications such as those approved in the past as Single Purpose Special Districts) and establish objective (rather than negotiated) criteria for approval of Local Character Overlay districts.

60.300 ALLOWED USES

This chapter will include all regulations and standards related to land uses permitted, or allowed after conditional use approval, or available as accessory or temporary uses, in different zoning districts. The proposed sections of this chapter are summarized below.

60.300.010 INTRODUCTION

This section will include a description of all the abbreviations used in the Allowed Uses Table, the organization of the Allowed Uses Table, regulations on multiple uses and unlisted uses, a requirement that all uses must obtain any required state or federal licenses or permits, and a discussion of prohibited uses in Rochester. It may also include any general regulations on uses that cannot be clearly described in the Allowed Uses Table or Use-Specific Standards.

60.300.020 ALLOWED USES TABLE

Unlike the current list of permitted and conditional uses within each zoning district, the UDC will include a consolidated table of allowed uses. This will allow for an easier comparison of the types of uses permitted in each district and will provide citizens a clearer understanding of where each use is a permitted or conditional use and any conditions or limitations on that use in different zone districts. An Allowed Uses Table is a user-friendly way to display uses for each district and reduce the potential for inconsistencies as uses are updated over time. An example of a permitted use table from Aurora, Colorado, is provided below to illustrate this proposed consolidation of information, and we can provide other examples upon request by the City. In this example, each row of the table represents a specific land use and each column in the center of the table represents a zoning district. The individual cells of the table indicate all the permitted, conditional, accessory, and temporary uses allowed in each district. The table also groups uses into logical subcategories (e.g. residential uses, public and institutional uses, commercial uses), which makes it easier to locate a


specific use within the table and also makes future use amendments to the UDC easier and more internally consistent. The last column of the table (titled “Use-Specific Standards” in the example below) provides a cross-reference to any standards, conditions, or limitations applicable to specific uses (such as maximum size limits or hours of operation).

An example of an allowed uses table from Aurora, Colorado. The table illustrates a simple format organized by

use category and use types and includes cross-references to use-specific regulations.

In addition to consolidating information about where different land uses are allowed, and under what conditions, the list of allowed land uses in Rochester needs to be updated. In line with current national practice, the uses will be updated to allow more mixed use development without the need to use the Restricted Development process. In other cases, our review may identify current land uses that are inconsistent with the intended character of the districts where they are allowed, and if so, those uses may be limited or prohibited in some zone districts. The list of uses will also be modernized to incorporate new uses -- such as artisanal small industry, and a broader range of housing types, as mentioned in the Comprehensive Plan. In addition, if some emerging uses are currently approved through flexible interpretations of out-of-date LDM uses, those new uses will be defined and added as listed uses in the UDC. All substantive changes to allowed uses will be footnoted. The future of the Restricted Development process is discussed in more detail in the Procedures and Administration section below.

60.300.030 USE-SPECIFIC REGULATIONS

This section will include use-specific regulations -- that is, special restrictions on or allowances related to the size, location, or operation of specific uses in different areas of the City -- collected from the same sections listed as sources for the general Allowed Uses Table. For example, this section may limit the size of retail stores in neighborhood-scale centers, require that some higher impact commercial uses be spaced at least a minimum


distance from residential or sensitive land uses, or prohibit or limit outdoor storage areas for specific land uses in certain locations.

60.400 DEVELOPMENT STANDARDS AND INCENTIVES

This new chapter will pull together the development standards and incentives (i.e. all substantive regulations other than permitted use regulations and procedures) found throughout the current LDM and will organize them into logical subsections addressing specific types of regulations by topic. It will cover a wide range of topics from site design to landscaping, parking, access, connectivity, lighting, sustainability, and resilience. This proposed organization would incorporate regulations from both the zoning and subdivision standards while clarifying whether each standard applies during subdivision of land, during development review on the subdivided lots, or both. The following sections summarize the updated content in this chapter.

60.400.010 INTRODUCTION AND SUMMARY TABLE

This section will provide a summary table of development standards that apply during different types of application review. The table gives a broad overview of the requirements for specific development standards with cross-references to the UDC section where the standard can be found. An example of a summary table of development standards from Aurora, Colorado, is provided below, and Clarion can provide other examples upon request by the City.

An example of a summary table of development standards from Aurora, Colorado.

60.400.020 DIMENSIONAL STANDARDS

This section will collect all of the standards for the minimum and maximum dimensions of developable lots and the size, height, and form of buildings in each of Rochester’s zoning districts. It will also list all exemptions to the standards for height and setback encroachments (for items like flagpoles, chimneys, bay windows, and solar collectors). While many standards in the current LDM will be carried forward, some standards will be updated to reflect market conditions, new development trends, or types of development called for in the P2S Comprehensive Plan. All substantive changes will be footnoted. Some standards will be amended to add flexibility depending on the type of development (i.e. reducing setbacks for a principal dwelling with a recessed garage).


In addition to adjusting the current standards, some new standards will be added as part of the UDC. For example, if new districts are created that encourage more mixed use development or development on smaller lots, then development standards will be created to achieve the goals of those new districts. The updated standards will be consolidated into a Dimensional Standards Table. A Dimensional Standards Table allows for key standards to be easily compared across zone districts. A short excerpt of a Dimensional Standards Table from Aurora, Colorado, is shown below to illustrate this proposed consolidation of information, and we can provide other examples upon request. Aurora decided to include separate tables for residential, mixed use, and special purpose districts, and drafting separate tables for each of these three categories of zone districts may prove useful in organizing Rochester’s dimensional standards as well.

An example of a dimensional standards table for mixed use districts from Aurora, Colorado. The table illustrates

a simple format organized by use category and use types and includes cross-references to use-specific regulations.

60.400.030 SUBDIVISION STANDARDS

This section will consolidate all substantive standards for the creation of new lots or the re-platting of existing lots, with one exception. Standards related to access and connectivity are consolidated in the following section because those issues must be addressed in a coordinated manner at both the subdivision and the site design stages of development. It will make clear when each regulation applies and that proposed subdivisions or re-subdivisions


must also comply with all applicable zoning development standards for the district where the land is located. It will include the design standards for subdivisions including lot and block layout, public and private improvement standards, streets and alleys, sidewalks and paths, easements, utilities, construction and acceptance regulations, easements, monuments and markers, and municipal services.

60.400.040 ACCESS AND CONNECTIVITY

This new section would combine and update all regulations related to site access and connectivity in order to implement the P2S Comprehensive Plan, which calls for improved mobility for all of Rochester’s citizens. It will address topics such as entrance and driveway standards, handicap accessibility, through-connectivity, cross-access easements, alternative transportation and transit easements, and pedestrian and trail network standards. The text will clarify which standards apply at the subdivision stage and which apply at the site design stage.

60.400.050 OPEN SPACE, STORMWATER, AND DRAINAGE

This section will contain the regulations pertaining to required open space, drainage, stormwater design and management, and erosion control. Integrating these types of standards encourages integrated site designs, which can promote more efficient and environmentally sensitive development. The grading requirements will include the current Substantial Land Alteration (SLA) standards and process. The SLA threshold requirement, process, and findings will be carried forward in the UDC, while the engineering standards will be removed to the City website. The trigger for when a stormwater management plan is required, as well as the relationship between these standards and the provisions of the Flood Protection and Shoreland Overlay districts, will be clarified. The standards will be updated for best practices; for instance, standards will be put in place to encourage permeable pavers and adequate pre-treatment of drainage before running into the waterways.

An illustration from Lake Havasu City, Arizona, showing stormwater drainage standards for parking lots.

60.400.060 LANDSCAPING, BUFFERING, AND FENCES

This section will bring together all LDM regulations related to landscaping, buffering, screening, retaining walls, and fencing. The standards will be updated to align with the goals for improved site design in the Comprehensive Plan. Likewise, some new standards will be added to encourage environmentally-friendly landscaping (i.e. encouraging low water use and attached sidewalks). Buffering standards will be clarified, especially for industrial areas, and will be tailored, because many infill sites cannot provide (and do not need) the same amounts of buffering required in more suburban contexts. Where some aspects of landscaping or tree requirements are jointly administered by the Community Development Department and the Parks and Recreation Department, the UDC will clarify that fact.


Illustrations from Albany, New York, demonstrating the types of landscape buffering options for particular

districts.

60.400.070 SITE AND BUILDING DESIGN

This section will contain the site and building design standards for all of the zoning districts in Rochester and will update those standards to ensure that the base standards reflect the high quality of development that Rochester expects. In the downtown area, the requirement to comply with key elements of the Destination Medical Center design standards will be clarified. In addition, the DMC design standards will serve as a model from which a smaller set of design standards can be tailored to apply in mixed use and institutional areas outside of downtown. Other types of design standards will be crafted to smooth the transitions between commercial/mixed use and residential areas.

60.400.080 PARKING

This section will consolidate all off-street parking requirements and will align those standards with the revised list of uses in the Allowed Uses Table. Codes for minimum parking amounts will appear in the Allowed Uses Table, but the substantive content related to calculation, design, and layout will appear here. This section will address parking space calculations, parking alternatives such as joint parking and off-site parking regulations, parking incentives and credits, parking lot layout and design, bicycle parking, off-street loading requirements, vehicle stacking standards for drive-through uses, and any restrictions on parking of recreational vehicles. In addition, this section will include objective standards allowing for additional flexibility in parking requirements and design in return for enforceable actions by the property owner to further reduce traffic generation and parking needs, or to encourage the use of shared vehicles (carpools and vanpools), carsharing services, electric vehicles, and bicycles through Transportation Demand Management.

60.400.090 EXTERIOR STORAGE

Exterior storage regulations found throughout the LDM will be consolidated in this section. While the codes for different types of permitted outdoor storage will appear in the Allowed Use Table, the outdoor storage standards tied to those codes will appear in this section.

60.400.100 LIGHTING

This section will contain the standards related to outdoor lighting including applicability and exemptions, parking area lighting, building lighting, and street lighting standards. The lighting standards will be modernized to include dark sky provisions that seek to minimize light pollution where appropriate.


Illustrations from Lake Havasu City, Arizona, visually demonstrate how to comply with specific light regulations.

60.400.110 SUSTAINABILITY AND RESILIENCE

This new section will include regulations pertaining to steep slopes, wetlands, riparian buffers, wildlife corridors, land preservation, resilience, and other environmental topics in addition to sustainability policies related to green development. These sustainability and resilience regulations will build on the policy guidance in P2S (the Comprehensive Plan), like reinforcing an interconnected green network of parks, paths and trails, passive open spaces, and recreational facilities. Similarly, the standards will encourage walkable, bikeable, and energy-efficient development, including the provision of green roofs.

60.400.120 AFFORDABLE HOUSING

This new section will consolidate the City’s provisions to allow and incentivize long-term affordable housing. This will partly be accomplished by building a greater diversity of housing types and partly accomplished by incentives that encourage affordability. Among other things, this section will identify adjustments to building and site design standards that may be available in return for commitments to maintain long-term affordability.

60.400.130 SIGNS

This section will consolidate and update Rochester’s sign regulations, including applicability, computation methods, prohibited signs, signs permitted without a permit, and signs for which a permit is required. It will clarify to what extent signs on private property may encroach into the right of way. It will also include regulations for temporary signs and electronic signs and will confirm compliance with the Reed v. Gilbert decision prohibiting content-based signage regulations. Based on our initial stakeholder interviews, the sign standards may include new restrictions on pole signs and a may propose reductions in the amount of signs allowed in certain areas of the city.

An illustration from Albuquerque, New Mexico, displaying the design standards for each type of sign.


60.400.140 INCENTIVES

This section will create a more objective system of incentives for developments that significantly exceed the basic Rochester UDC requirements in ways that promote key Comprehensive Plan goals. Based on work completed for the City in 2018, we recommend that the current set of dispersed incentives be reorganized into five categories of incentives: affordable housing, additional infrastructure, sustainable development, public amenities, and historic preservation. Each category will have specific bonuses available for meeting the UDC standards, and those incentives will be available with staff approval, rather than City Council approval.

60.400.150 MAINTENANCE AND OPERATION

This section will include all regulations related to the maintenance of landscaping, parking lots, signs, and building features, as well as regulations addressing operations to prevent nuisances. Examples include continuing duties to replace any required landscaping that dies, removing unsafe or misleading signs, and compliance with the Rochester noise ordinance.

60.500 PROCEDURES AND ADMINISTRATION

This chapter will consolidate all of the existing regulations that identify the roles and responsibilities of the various decision-making bodies involved in the development process in Rochester. It will also cover the steps involved in processing each type of development application and the criteria that will be used to make those decisions. Beginning in 2016, Rochester began exploring alternatives to the current Restricted Development process, because of the unpredictability, expense, and time required to complete that process. An initial project to revise the Restricted Development process was later suspended and integrated into the new UDC process so that any changes to Restricted Development would be consistent with other significant changes to the City’s land development regulations. A short discussion of the Restricted Development challenges is shown below, followed by an outline of the proposed sections of this chapter and the proposed changes to Rochester’s current development review and approval procedures.

Restricted Development

Rochester currently makes very heavy use of the Restricted Development regulations, which provides developers great flexibility in return for an unpredictable and time-consuming decision-making process. In recent years, a high percentage of significant development applications used the Restricted Development process rather than relying on the zoning districts, allowed uses, or development standards available under the LDM. As other improvements are made to allowed uses, dimensional standards, and other regulations in the UDC, the need for Restricted Development will decline, and the UDC will

EXAMPLE OF CRITERIA FOR A PROCESS

LIKE RESTRICTED DEVELOPMENT

An application for rezoning into a Restricted Development (RD) district may only be accepted for review and consideration if the application meets the following criteria, as determined by the Planning Director:

1. The proposed RD could not be developed using conventional zone districts or standards;

2. The proposed RD zone district includes less than 40 gross acres of land;

3. The proposed RD zone district is not located within ¼ mile of another approved or proposed RD under common or related ownership that the Planning Director determines is part of a common development;

4. No more than 50 percent of the land included in the proposed RD zone district will be occupied by single-family detached or single-family attached dwelling units;

5. No portion of the land included in the proposed RD zone district will be occupied by three- or four-story multifamily dwelling structures without elevator access to upper floors.

6. The proposed RD zone district has a minimum of five highly-valued design features, as determined by the Director, including but not limited to features such as: low average block perimeter measurement for the entire development; centralized gathering and recreation spaces of an appropriate size for the entire development; enhanced architectural and streetscape design elements throughout the development; internally and externally connected park, trail, and open space system; Low Impact Development design features throughout the development; solar orientation of building forms and other passive energy-efficient design strategies throughout the development, community-level renewable energy production, district heating and cooling throughout the development, retaining natural landforms throughout the development, and the prevention of fence canyons within and around the perimeter of the entire development.


discourage the use of this tool. Nonetheless, the existence of a procedure that allows for creative and desirable one-off developments that might otherwise be prohibited by the UDC is still necessary for unique development projects. Often, these types of projects are hard for a land use code to anticipate like a sports stadium. The sidebar above offers an example of how to create criteria that narrows eligibility and avoids overuse for a process like Restricted Development. Moving forward, simpler types of Restricted Development can be consolidated into already existing administrative procedures. More complex applications that require negotiation will be subject to more objective standards that will improve the consistency and predictability of development decisions. Provisions related to type I and II Restricted Development procedures will be removed, because they can be implemented through other current or proposed development review procedures. Specifically, the type I procedure can be implemented as a form of administrative Development Approval and the type II procedure can be implemented through standardized review by the Planning and Zoning Commission. The type III phase III Restricted Development process will remain intact and will act as the general Restricted Development process in the future, but will require the use of more objective development approval standards and criteria (like those highlighted in the sidebar above). The type III phase I process will be treated as an administrative Development Approval, while the type III phase II process will be replaced by a Planning and Zoning Commission hearing (as described in the Decisions Requiring a Hearing section). In short, we recommend that the Restricted Development process be carried forward, but that the availability of the tool be narrowed and the approval criteria made more objective. In the future, the modified Restricted Development process would be used to allow flexibility in layout and design (but not uses) in exchange for additional amenities above those already required in the UDC and not available through the Incentives process described above.

60.500.010 INTRODUCTION AND SUMMARY TABLE OF PROCEDURES

Unlike the current description of review procedures distributed throughout the LDM, the UDC will include a summary table of all procedures related to land development and redevelopment. With all procedures summarized into one table, the types of procedures required for different types of permits and approvals can be easily compared and internal consistency between those procedures can be maintained more easily. An example of a procedures table from Sedona, Arizona, is provided below to illustrate this proposed consolidation of information, and we can provide other examples upon request by the City. The table rows are organized by procedure into logical subcategories (e.g. development permits, subdivision procedures). This makes it easier to locate a specific type of approval within the table and also makes future amendments to the UDC easier and more consistent. The table columns summarize required notices and the role of each review, decision-making, and appeal body for each type of application.


An example of a procedures table from Sedona, Arizona. The table illustrates a simple format organized by

procedure and includes the requirements for each procedure along with a cross-reference to the section in the

Code that addresses each procedure.

60.500.020 REVIEW AND DECISION-MAKING BODIES

This section will introduce each of the bodies that have authority to review and make decisions on development applications -- including the Planning and Zoning Commission, City Council, Heritage Preservation Commission, and City Staff -- and will briefly list the types of decisions made by each body.

60.500.030 COMMON PROCEDURES

This section of the UDC will bring together all of the procedural requirements that apply to several different types of applications -- such as the requirement to submit applications on City approved forms, public notice requirements, withdrawal of applications, rights to appeal decisions, vested rights, and other similar regulations. These common procedures would apply to all types -- or to many similar types -- of applications unless the UDC specifically provides otherwise. Consolidating these general requirements helps users better understand Rochester’s basic review procedures. It also avoids unnecessary duplication, ensures consistent application of common procedures, and eliminates the need to amend multiple sections of the UDC if a common procedural regulation is revised. The general requirement for applicants to pay fees for different types of development applications and impacts approved by City Council would be placed here, while the consolidated fee schedules would be moved to the City website. Moving the fee schedule to the City website allows for fee amounts to be updated by City Council


periodically without requiring an amendment to the UDC each time a fee is adjusted. Fee amounts will not be adjusted as part of the UDC drafting process. The next several sections outline the procedures to be used, and the criteria to guide decision making, for specific types of applications. Each of these procedures will be illustrated by a flowchart similar to the example shown below.

A graphic from Lake Havasu City, Arizona,

displaying the application process.

60.500.040 MAJOR PLANS AND POLICY DECISIONS

This section will describe each of those major decisions made under the UDC that shape the future of the City in significant ways – such as rezonings and Comprehensive Plan approvals. These procedures usually require significant public engagement and review by the Planning and Zoning Commission before a decision is made by City Council. This section would include all the current type III procedures requiring phase III review.

60.500.050 DECISIONS REQUIRING A HEARING

This section will include the specific procedural requirements related to the subdivision of land and all the current type II and type III phase II procedures. These procedures generally involve a hearing before the Planning and Zoning Commission but could involve hearings before other bodies (other than City Council). The conditional use approval system would appear in this section. The process will be reviewed for potential efficiency improvements while ensuring compliance with Minnesota state law.

60.500.060 DEVELOPMENT APPROVALS

This section will include all types of applications that can be approved by City staff -- even if the Director has the option of “bumping up” the decision to the Planning and Zoning Commission, and even if the resulting decision can be appealed. In addition, each of these administrative decision procedures will include a defined list of minor administrative adjustments (such as a five percent reduction in setbacks) that staff can make in the review process without notice or hearing if justified by unique site constraints. This section will contain all the current type I procedures and type III phase I procedures. The UDC will also codify the administrative process for reasonable accommodation and reasonable modification requests as required by the Federal Housing Amendments Act (FHAA).

60.500.070 FLEXIBILITY AND RELIEF


This section will consolidate all procedures that applicants can use to obtain flexibility and relief from the provisions of the UDC, including the current Design Modification and Variance procedures. The current Design Modifications procedures will be broadened to allow adjustments to a somewhat wider range of UDC standards (not including Allowed Uses).

60.500.080 NONCONFORMITIES

This section will house the City’s nonconformity regulations – e.g. those rules that apply to buildings and land uses that were legal when they were created, but that no longer comply with the UDC because of past City Council amendments to the land development regulations. It will address the continuation, expansion, restarting, replacement, repairs, and maintenance of nonconforming uses, structures, lots, signs, and site features (such as parking). In line with national trends and in order to facilitate the continued use or reuse of older buildings, the City may want to treat some minor nonconformities as “not nonconforming” or “compliant” and allow them to expand or to restart after abandonment or damage.

60.500.090 VIOLATIONS, ENFORCEMENT, AND PENALTIES

This section will address the regulations pertaining to the City’s authority to impose penalties and remedies for violations of the UDC, as well as the administration of those enforcement procedures. Among other things, it will clarify that obtaining a permit or approval through false or misleading statements on an application, or failure to comply with a condition or limitation attached to a development approval or permit, are violations of the UDC.

60.600 DEFINITIONS

This final chapter of the UDC will consolidate all the definitions found throughout the regulations in one location and will clarify how different terms are interpreted.

60.600.010 RULES OF INTERPRETATION

This section will cover the basic rules used in interpreting the UDC. For example, clarifications that any singular word also includes the plural, words used in the present tense also include the future, and references to the responsibilities of a named City official also include any person to which the official has lawfully delegated that responsibility.

60.600.020 RULES OF MEASUREMENT

This section will include rules of measurement for standards like front, side, and rear setbacks, building height, and lot coverage, as well as rules for the rounding fractional requirements for parking spaces, with graphics to illustrate the measurement standards.

60.600.030 DEFINITIONS

This section will consolidate the definitions currently listed throughout the UDC. All definitions will be reviewed and updated if necessary. Additional definitions will be created for new land uses and currently undefined terms. Outdated definitions will be removed as necessary. Illustrations will be added where helpful to understand individual definitions.

GENERAL UDC ISSUES AND REORGANIZED LDM TABLE

The following sections highlight some general issues that are prevalent throughout multiple sections in the UDC with recommendations for how to move forward. These discussions are followed by a table showing the Chapters, Sections, and Subsections of the new UDC as discussed above, and (in the right-hand column) which parts of the current LDM would be integrated into or consolidated when drafting that section of the UDC.


Sections Not to be Carried Forward

We recommend that several sections of the current LDM not be carried forward because they are outdated, or because the LDM will contain a simpler or clearer provision to achieve the same result. Some sections are recommended for removal based on the City’s request to simplify processes (like Boundary Establishment) or to remove information that is unnecessary in the UDC (like the submission criteria for a Special District). Sections of the current LDM that are recommended for removal include: 60.340 (Boundary Establishment); 61.140 (Conditional Use Permit) (only type I and III procedures); 61.400 (Performance District Procedures); 61.410 (Developing District); 61.420 (Central Development Core); 62.460 (Core Neighborhood Zoning District Tables); 62.500 (Developing District Tables); 62.721 (Application of Approval Criteria); 62.735 (Transitional Development in Developing District); 62.751 (Procedure); 62.762 (Procedures for Approval); 62.903 (Submission Criteria); 62.904 (Procedure); 62.905 (Notifications); 62.906 (Statement of Intent); 62.910 (Comprehensive Special District); and 62.920 (Single Purpose Special District). Sections related to type I and II procedures for Restricted Development are recommended for removal because provisions can be implemented through other currently existing procedures (as discussed in Procedures and Administration above).

Sections to be Removed to City Website

The current LDM contains many sections that could be removed from the UDC and relocated to the City website to make the UDC shorter and more readable. In general, the sections to be removed include lists of application materials, specific fees to be paid in connection with different types of applications, and technical design standards. We recommend removing this content to the City’s website so that the content can be periodically updated without the need to amend the UDC. Sections of the current LDM from which at least part of the regulations could be removed to the City website include: 60.170 (Administration and Record Keeping); 60.175 (Fees); 60.176 (Minutes); 60.177 [no title - minute procedure]; 60.650 (Rules of Evidence); 60.680 (Record of Proceedings); 61.210 (General Development Plan); 61.230 (Final Plat); 61.240 (Construction Plans); 61.550 (Drainage Plan); 61.560 (Grading Plan); 61.570 (Site Preparation); 62.703 (Submission Criteria); 62.752 (Submission Criteria); and 63.150 (Required Plantings). If any of these listed sections are also listed in the text or table below, that indicates that we recommend that only part of the section be removed to the City website, and that other parts of the content should remain in the UDC.

Separating Content within a Section or Subsection

In several cases, the content of a single section (or subsection) in the current regulations will be reorganized to appear in more than one section of the UDC. In most cases, this is because the current section blends information on zone districts, allowed uses, standards, procedures, and definitions. The following sections in the LDM will require a line-by-line separation of content into the appropriate chapter of the UDC: 62.260 (Detailed Use Regulation: Residential Districts); 62.280 (Special Residential Setback Provisions) (excluding 62.284); 62.380 (Detailed Use Regulations: Non-Residential Districts); 62.390 (Accessory Buildings and Structures in Non-Residential Districts); 62.450 (Detailed Use Regulations; Central Development Core); 62.490 (Detailed Use Regulations; Core Neighborhood Area); 62.727 (Mixed Use Development, Other Districts); 62.937 (Commercial Wireless Telecommunication Services and Towers); 62.938 (Wind Energy Conversion Systems); and 62.940 (Offender Transitional Housing).

District Tables

The current LDM generally includes two tables -- a District Standards table and a Site Appearance Standards table -- for each base zone district, each of which displays many use and development standards. While tables are a useful way to display this type of information, the UDC will rearrange the content into new tables that allow for comparisons of allowed uses and development standards across multiple zone districts. For instance, the R-1 zoning


district table shown below will be broken up by topic into multiple tables or sections in the UDC. Setback and yards, minimum width standards, exterior lighting, sign regulations, landscape material point base, site location requirement, and bufferyard indicator will be housed in the development standards chapter. Each topic will be placed in the appropriate section of the chapter covering that topic. For instance, setback standards will be placed in the Dimensional Standards Table, while landscaping material point base will be in the Landscaping, Buffering, and Fences section. Hours of operation and exterior storage regulations will be moved to the Allowed Uses chapter. Tables in the current LDM that will undergo the same reorganizing include: 62.200; 62.210; 62.211; 62.220; 62.221; 62.222; 62.223; 62.224; 62.225; 62.230; 62.240; 62.241; 62.242; 62.250; 62.251; 62.284; 62.300; 62.310; 62.320; 62.330; 62.340; 62.350; 62.360; 62.370; 62.400; 62.410; 62.420; 62.430; and 62.440.

The table above shows the R-1 site appearance standards in the current LDM. This information will be broken up

into multiple sections of the UDC.

Reorganized UDC Table -- With Current LDM Sections

The following detailed table summarizes the general proposed structure for the Rochester UDC as described in the narrative above. The “Chapter” column lists the proposed UDC chapters and names of those chapters, the “Sections” column lists the proposed sections to be included in each of those chapters, and the “Current LDM Sections” column lists the current LDM sections to be included in each of the proposed UDC chapters and sections. “Title” in parenthesis indicates that the section does not contain substantive regulations and is just the title of the LDM section. Unless listed above as (1) content that will not be carried forward, or (2) content that will be moved to the City’s website, or (3) content to be allocated to different chapters of the UDC after a line-by-line review, or (4) content in a zoning district table to be reorganized as shown above, all sections of the current LDM are listed in right-hand column of the table. If a higher level section is listed (e.g. 63.130) and none of its subsections (e.g. 63.131) are listed separately, then the reference to the higher level section includes all of the content in its subsections, and they will all be relocated as shown in the table. Where land use regulations are administered or enforced by an entity other than the City of Rochester, the text will clarify that fact.

CHAPTER SECTIONS CURRENT LDM SECTIONS

60.100 Title Title



General Provisions

Purpose

Applicability

Authority

Relationship to

Restrictive Covenants

Transition Rules

Effective Date

Severability

60.100 Title

Purpose

[no current LDM sections]

Applicability

60.140 Application and Scope of Ordinance

60.165 Diagrams, Tables, and Figures

60.174 Appendices

Authority

60.110 Authority

Relationship to Restrictive Covenants


Transition Rules


Effective Date


Severability


60.200 Zone Districts

Zoning Districts

Established

Official Zoning Map

Base Districts

Overlay Districts

Zoning Districts Established

60.300 Description of Zoning Districts

60.310 Zoning Districts

Official Zoning Map

60.360 The Zoning Map

Base Districts

60.320 Description of Zoning Districts

Overlay Districts

62.800 Flood Districts and Intent

62.810 Designation

62.830 Uses Permitted

62.840 Construction Standards, Flood Fringe

District

62.850 Construction Standards in the Floodway

District

62.860 Construction Standards in the Flood Prone

District

62.870 Manufactured Homes, Travel Trailers, and

Travel Vehicles in the Flood Plain

62.900 Special Districts

62.901 Purpose

62.902 Effect

62.1000 Shoreland District

62.1001 Jurisdiction

62.1002 Shoreland Classification System

62.1004 Physical Limitations

62.1005 Placement, Design, and Height of

Structures

62.1006 Shoreland Alterations

62.1007 Placement and Design of Road, Driveways,

and Parking Areas

62.1008 Stormwater Management

62.1009 Land Suitability

Olmsted County Section 9.20 Decorah Edge Overlay

District (text or cross-reference)



Rochester International Airport Zoning Ordinance

(text or cross-reference)

Heritage Preservation Overlay District (from Section

4.7 of the Rochester Code)

60.300 Allowed Uses

Introduction

Allowed Uses Table

Use-Specific

Regulations

Introduction

62.100 [No title – general description of zoning

district regulations]

62.110 Description of General Zoning District

Standards

62.111 List of Uses

62.112 Use Type

62.113 Applicable Detailed Regulation

Allowed Uses Table

62.120 Description of Development Standards (title)

62.121 Required Off-Street Parking

62.134 Exterior Storage

62.270 Accessory Use Residential Districts

62.720 Mixed Use Development

62.723 Mixed Use Development, R-1, R-1x, and R-2

62.724 Mixed Use Development In R-3 Districts

62.725 Mixed Use Development in an R-4 District

62.726 Mixed Use in a Developing District

Residential Area

62.740 Adaptive Reuse, Cultural Buildings

62.741 Type I Adaptive Reuse Development

62.742 Type II Adaptive Reuse Development

62.743 Type III Adaptive Reuse Development

62.750 Commercial Recreational Areas

62.753 Criteria for Approval

62.760 Adaptive Reuse, Commercial Buildings

62.761 List of Acceptable Use Types

62.930 Area Accessory Development

62.933 Permitted Zoning Districts

62.935 Off Street Parking Required

63.240 Exterior Storage Standards (only

abbreviations/codes)

63.420 Amount of Off-Street Parking (title)

63.421 Number of Off-Street Parking Spaces

Use-Specific Regulations

62.130 Description of Performance Standards (title)

62.131 Hours of Operation

62.932 Lot Size Requirements

62.934 Miscellaneous Standards

62.936 Accessory Site Location Standards

62.1110 Permits (only including uses)

62.1200 Indoor Gun Range Conditional Use Permit

(title)

62.1201 Applicability

62.1202 Procedures

62.1203 Performance Criteria for Indoor Gun Range

62.1204 Required Plans and Information



62.1205 Required Certificate of Occupancy

Documentation

63.250 Site Location Standards

60.400 Development Standards and Incentives

Introduction and

Summary Table

Dimensional Standards

Subdivision Standards

Access and Connectivity

Open Space,

Stormwater, and

Drainage

Landscaping, Buffering,

and Fences

Site and Building

Design

Parking

Exterior Storage

Lighting

Sustainability and

Resilience

Affordable Housing

Signs

Incentives

Maintenance and

Operation

Introduction and Summary Table

63.300 Multiple Buildings on a Lot

63.310 Residential Developments

Dimensional Standards

62.114 Density Factor

62.115 Floor Area Ratio

62.116 Lot Size or Site Area

62.117 Landscaped Area

62.118 Minimum Percentage of Recreation Space

62.119 Height

62.122 Setbacks

62.123 Minimum Width and Building Line

62.126 Density Determination for Multi-Family

Residential Uses

62.722 Mixed Use Developments, Residential

Districts

62.730 Transitional Development

62.732 Type I Transitional Developments

62.733 Type II Transitional Developments

62.734 Type III Transitional Development

62.736 Transitional Area Development

63.100 Yards, Setbacks and Open Space

Requirements

63.110 Application of Yard and Setback

Requirements

63.120 Yard Usage Regulations

63.122 [no title – dimensional standard]






Subdivision Standards

61.200 Subdivision Activities

64.100 Purpose of Site Design Standards

64.110 Lot Design Standards

64.120 Street Layout Standards

64.130 Adequate Public Facilities Standards

64.160 Boulevard Tree Planting Standards (public

right-of-way)

64.200 Roadway and Subdivision Design Standards

64.210 Improvements Required

64.220 Public Roadway and Trail Thoroughfare

Design Standards

64.230 Determination of Right-Of-Way Widths

64.240 Private Roadways

64.250 Street Classification

64.260 Quadrant Street System



64.270 Subdivision Name

64.400 Parkland Dedication (except 64.430)

Access and Connectivity

62.124 Access Location

64.140 Access Management Standards

Open Space, Stormwater, and Drainage

61.530 Site Capacity Calculation

61.550 Drainage Plan (requirement to obtain

approval)

61.560 Grading Plan (requirement to obtain

approval)

62.1110 Permits (development standards)

63.140 Usable Recreation Area

64.150 Lot Grading Principles

64.300 Site Alteration Standards

64.310 Stormwater Runoff

64.320 Erosion Control

64.330 Lot Grading Standards

64.350 Wetlands

Landscaping, Buffering, and Fences

62.125 Bufferyard Indicator

62.135 Landscaping

63.126 Fences, Walls, and Hedges

63.130 Landscape Area

63.150 Required Plantings (requirements)

63.230 Landscape Area Reduction

63.260 Bufferyard Regulations

64.160 Boulevard Tree Planting Standards (private

property)

65.710 Alternative Bufferyards

65.720 Minimum Acceptable Bufferyards

Site and Building Design

63.200 Appearance Controls (title)

63.270 Pedestrian and Site Design Standards

63.500 Traffic Visibility Standards (except 63.501)

64.340 Hillside Development

Parking

63.121 [no title – off-street parking]

63.400 Off-Street Parking and Loading Regulations

63.410 General Requirements

63.424 Mixed Occupancy

63.425 Joint Use

63.426 Spillover Parking

63.427 Downtown Parking Overlay Zone

63.428 Public Parking in Private Parking Facility

63.429 Travel Demand Management Plan

63.430 Location of Off-Street Parking

63.440 Special Locational Provisions

63.450 Parking Facility Design Parameters

63.460 Off-Street Loading



63.470 Coordinated Parking and Loading

Management Plan

Exterior Storage

63.240 Exterior Storage Standards (standards)

Lighting

62.132 Exterior Lighting

63.210 Exterior Lighting Standards

Sustainability and Resilience


Affordable Housing


Signs

62.133 Sign Regulations

63.220 Sign Regulations

Incentives

62.600 Incentive Development

62.630 Criteria for Incentive Developments

62.640 Bonus Density or Floor Area

62.650 Categories of Bonuses

Maintenance and Operation

63.600 Industrial Performance Standards

63.610 Application of Standards

63.620 State and Federal Requirements

63.630 Local Industrial Performance Standards

63.640 Vibration

63.650 Noise

60.500 Procedures and Administration

Introduction and

Summary Table of

Procedures

Review and Decision-

Making Bodies

Common Procedures

Major Plans and Policy

Decisions

Decisions Requiring a

Hearing

Development Approvals

Flexibility and Relief

Nonconformities

Violations,

Enforcement, Penalties

Introduction and Summary Table of Procedures


Review and Decision-Making Bodies

60.120 Administrative Bodies

60.170 Administration and Record Keeping (title)

60.171 Duties of the Zoning Administrator

60.172 Issuing Office

60.173 Rules and Forms

Rochester International Airport Joint Zoning Board

(text or cross-reference)

Heritage Preservation Commission (from Section 4.7

of Rochester Code)

Common Procedures

60.150 Vesting of Rights

60.600 Public Deliberations and Hearings (title)

60.605 Development Informational Meetings

60.610 Responsibilities of Zoning Administrator

60.620 Notice of Hearing

60.630 Procedure for Mailed Notice

60.640 Procedure for Published Notice

60.645 On-Site Posted Notice Required

60.660 Decision

60.670 Findings and Order

60.700 Appeals

60.710 Procedure to File an Appeal



60.720 Who May File an Appeal

60.730 Designation of Appeal Body

60.740 Procedure

60.750 Board of Appeals Decisions

60.760 Procedure and Scope of Review, Planning

and Zoning Commission and City Council

61.240 Construction Plans (requirements to obtain

approval)

61.250 Development Agreements

61.300 Concurrent Review

61.500 Accessory Reports

61.510 Determination of Land Use Plan

Conformance

61.520 Traffic Impact Studies

61.540 Environmental Review

62.702 Notifications

62.710 Stage Developments

62.1003 Notifications to the Department of Natural

Resources

Major Plans and Policy Decisions

60.330 Amendment Procedure

60.350 Designation of Annexed Property

60.530 Type III Review Procedure

62.700 Restricted Development

62.701 Approval Procedures for Restricted

Developments

62.705 Staff Report for Type III Restricted

Developments

62.706 Standards for Approval, Preliminary

Development Plan

62.707 Standards for Approval, Final Development

Plan

62.708 Criteria for Type III Developments

62.709 Status of Approved Type III Restricted

Development

Decisions Requiring a Hearing

60.520 Type II Review Procedure

61.140 Conditional Use Permit (type II procedure)

61.210 General Development Plan (requirements

only)

61.220 Land Subdivision Permit

62.620 Standards for Approval, Preliminary

Development Plan

62.704 Criteria for Type I and Type II Developments

(type II only)

62.1010 Conditional Use Permits - Standards for

Approval

62.1100 Excavation Activities & Substantial Land

Alteration (only procedures)

Development Approvals

60.500 Procedures for Permit and Certificate

Approvals



60.510 Type I Review Procedure

61.100 [no title – general description of lot and site

development approval procedures]

61.110 Zoning Certificate

61.120 Housing Certificate

61.130 Sign Permit

61.151 Purpose [this section is missing the prior

heading section -i.e. there is no 61.150]

61.153 Minor Grading Permit Required

61.154 Contents

61.155 Exemptions

61.580 Site Development Plan

62.610 Approval Procedure for Incentive

Development


(type I only)

62.820 Procedures

62.880 Variances to the Flood District Regulations

62.931 Zoning Certificate Required

62.1110 Permits (procedures)

62.1112 Annual Inspection Report and Monitoring

Guidelines

Flexibility and Relief

60.400 Modifying Ordinance Provisions (title)

60.410 Variance

60.420 Design Modifications

Nonconformities

65.100 Legislative Intent

65.120 Authority to Continue

65.130 Maintenance and Repair of Nonconformity

65.140 Bringing a Nonconformity into Compliance

65.150 Transitional Development

65.160 Landscape Area Appearance and Standards

65.200 Nonconforming Lots of Record

65.300 Nonconforming Uses: General Policy

65.310 Nonconforming Uses, Permitted

Modifications

65.320 Nonconforming Uses, Expansion

65.330 Change in Use

65.340 Continuation and Termination of

Nonconformities

65.360 Nonconforming Use Created by Flood

District Regulations

65.370 Continued Excavation

65.410 Enlargement or Alteration

65.440 Nonconforming Structure Created by Flood

District Regulation

65.500 Nonconforming Signs

65.510 Termination of Nonconforming Signs

65.600 Nonconforming Parking

65.700 Nonconforming Appearance



65.800 Nonconformities Within Shoreland Areas

Violations, Enforcement, Penalties

60.130 Enforcement Policy

60.600 Definitions

Rules of Interpretation

Rules of Measurement

Definitions

Rules of Interpretation

60.160 Interpretation of the Ordinance (except

60.163 and 60.165)

Rules of Measurement

60.163 Rounding of Numeral Requirements

63.422 Units of Measurement

Definitions

60.200 Definitions

62.140 Use Categories

62.731 Definitions

62.1100 Excavation Activities & Substantial Land

Alteration (only including definitions)

63.501 Definitions

64.430 Neighborhood Park Defined

65.110 Definitions

Definitions in Decorah Edge Overlay District

Ordinance

Definitions in Rochester International Airport Zoning

Ordinance

Definitions in Heritage Preservation Ordinance


PART 3: CROSSWALK OF LDM TO UDC SECTIONS

The table below indicates where each existing section of the LDM will be addressed in the new UDC (or clarifies that it will not appear in the new UDC). The left column displays the current LDM section, while the right column shows where that content is proposed to be located in the new UDC. As in the previous table, if a higher level section is listed (e.g. 63.130) and none of its subsections (e.g. 63.131) are listed separately, then the reference to the higher level section includes the content in all of its subsections, and they will all be addressed as shown in the table.

CURRENT LDM SECTION PROPOSED UDC SUB-SECTION

CHAPTER 60 – INTRODUCTORY PROVISIONS

60.100 Title 60.100.010 Title

60.110 Authority 60.100.040 Authority

60.120 Administrative Bodies 60.500.020 Review and Decision-Making Bodies

60.130 Enforcement Policy 60.500.090 Violations, Enforcement, Penalties

60.140 Application and Scope of Ordinance 60.100.030 Applicability

60.150 Vesting of Rights 60.500.030 Common Procedures

60.160 Interpretation of the Ordinance 60.600.010 Rules of Interpretation

60.161 Purpose 60.600.010 Rules of Interpretation

60.162 Authority 60.600.010 Rules of Interpretation

60.163 Rounding of Numerical Requirements

60.600.020 Rules of Measurement

60.164 Meaning of Words 60.600.010 Rules of Interpretation

60.165 Diagrams, Tables, and Figures 60.100.030 Applicability

60.166 Interpretation 60.600.010 Rules of Interpretation

60.170 Administration and Record Keeping (title) 60.500.020 Review and Decision-Making Bodies (text) Removed to City website

60.171 Duties of the Zoning Administrator 60.500.020 Review and Decision-Making Bodies

60.172 Issuing Office 60.500.020 Review and Decision-Making Bodies

60.173 Rules and Forms 60.500.020 Review and Decision-Making Bodies

60.174 Appendices 600.100.030 Applicability

60.175 Fees Removed to City website

60.176 Minutes Removed to City website

60.177 [no title – minute procedures] Removed to City website

60.200 Definitions 60.600.030 Definitions

60.300 Description of Zoning Districts 60.200.010 Zoning Districts Established

60.310 Zoning Districts 60.200.010 Zoning Districts Established

60.320 Description of Districts 60.200.030 Base Districts

60.330 Amendment Procedure 60.500.040 Major Plans and Policy Decisions

60.340 Boundary Establishment Not to be carried forward

60.350 Designation of Annexed Property 60.500.040 Major Plans and Policy Decisions

60.360 The Zoning Map 60.200.020 Official Zoning Map

60.400 Modifying Ordinance Provisions 60.500.070 Flexibility and Relief

60.410 Variance 60.500.070 Flexibility and Relief

60.420 Design Modifications 60.500.070 Flexibility and Relief

60.500 Procedures for Permit and Certificate Approvals

60.500.060 Development Approvals

60.510 Type I Review Procedure 60.500.060 Development Approvals

60.520 Type II Review Procedure 60.500.050 Decisions Requiring a Hearing

60.530 Type III Review Procedure 60.500.040 Major Plans and Policy Decisions


60.600 Public Deliberations and Hearings 60.500.030 Common Procedures

60.605 Development Information Meetings 60.500.030 Common Procedures

60.610 Responsibilities of Zoning Administrator 60.500.030 Common Procedures

60.620 Notice of Hearing 60.500.030 Common Procedures

60.630 Procedure for Mailed Notice 60.500.030 Common Procedures

60.640 Procedure for Published Notice 60.500.030 Common Procedures

60.645 On-Site Posted Notice Required 60.500.030 Common Procedures

60.650 Rules of Evidence Removed to City website

60.660 Decision 60.500.030 Common Procedures

60.670 Findings and Order 60.500.030 Common Procedures

60.680 Record of Proceedings Removed to City website

60.700 Appeals 60.500.030 Common Procedures

60.710 Procedure to File an Appeal 60.500.030 Common Procedures

60.720 Who May File an Appeal 60.500.030 Common Procedures

60.730 Designation of Appeal Body 60.500.030 Common Procedures

60.740 Procedure 60.500.030 Common Procedures

60.750 Board of Appeals Decisions 60.500.030 Common Procedures

60.760 Procedures and Scope of Review, Planning and Zoning Commission, and City Council

60.500.030 Common Procedures

CHAPTER 61 – LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

61.100 [no title -– general description of lot and site development approval procedures]


61.110 Zoning Certificate 60.500.060 Development Approvals

61.120 Housing Certificate 60.500.060 Development Approvals

61.130 Sign Permit 60.500.060 Development Approvals

61.140 Conditional Use Permit (type I and III procedures) Not to be carried forward

(type II procedure) 60.500.040 Decisions Requiring a Hearing

61.150 [missing -- assuming it should be grading permit]

61.151 Purpose 60.500.060 Development Approvals

61.153 Minor Grading Permit Required 60.500.060 Development Approvals

61.154 Contents 60.500.060 Development Approvals

61.155 Exemptions 60.500.060 Development Approvals

61.200 Subdivision Activities 60.400.030 Subdivision Standards

61.210 General Development Plan (requirement to obtain approval) 60.500.050 Decisions Requiring a Public Hearing (everything else) Removed to City website

61.220 Land Subdivision Permit 60.500.050 Decisions Requiring a Public Hearing

61.230 Final Plat 60.500.050 Decisions Requiring a Public Hearing

61.240 Construction Plans (requirement to obtain approval) 60.500.030 Common Procedures (everything else) Removed to City website

61.250 Development Agreements 60.500.030 Common Procedures

61.300 Concurrent Review 60.500.030 Common Procedures

61.400 Performance District Procedures Not to be carried forward

61.410 Developing District Not to be carried forward

61.420 Central Development Core Separate procedures not to be carried forward

61.500 Accessory Reports 60.500.030 Common Procedures


61.510 Determination of Land Use Plan Conformance


61.520 Traffic Impact Studies 60.500.030 Common Procedures

61.530 Site Capacity Calculation 60.400.050 Open Space, Stormwater, and Drainage

61.540 Environmental Review 60.500.030 Common Procedures

61.550 Drainage Plan (requirement to obtain approval) 60.400.050 Open Space, Stormwater, and Drainage (everything else) Removed to City Website

61.560 Grading Plan (requirement to obtain approval) 60.400.050 Open Space, Stormwater, and Drainage (everything else) Removed to City website

61.570 Site Preparation Removed to City Website

61.580 Site Development Plan 60.500.060 Development Approvals

CHAPTER 62 – ZONING DISTRICT

REGULATIONS

62.100 [No title -– general description of zoning district regulations]

60.300.010 Introduction

62.110 Description of General Zoning District Standards

60.300.010 Introduction

62.111 List of Uses 60.300.010 Introduction

62.112 Use Type 60.300.010 Introduction

62.113 Applicable Detail Regulation 60.300.010 Introduction

62.114 Density Factor 60.400.020 Dimensional Standards

62.115 Floor Area Ratio 60.400.020 Dimensional Standards

62.116 Lot Size or Site Area 60.400.020 Dimensional Standards

62.117 Landscaped Area 60.400.020 Dimensional Standards

62.118 Minimum Percentage of Recreation Space

60.400.020 Dimensional Standards

62.119 Height 60.400.020 Dimensional Standards

62.120 Description of Development Standards (title) 60.300.020 Allowed Uses Table

62.121 Required Off-Street Parking 60.300.020 Allowed Uses Table

62.122 Setbacks 60.400.020 Dimensional Standards

62.123 Minimum Width and Building Line 60.400.020 Dimensional Standards

62.124 Access Location 60.400.040 Access and Connectivity

62.125 Bufferyard Indicator 60.400.060 Landscaping, Buffering, and Fences

62.126 Density Determination for Multi-Family Residential Uses


62.130 Description of Performance Standards (title) 60.300.030 Use-Specific Regulations

62.131 Hours of Operation 60.300.030 Use Specific Regulations

62.132 Exterior Lighting 60.400.100 Lighting

62.133 Sign Regulations 60.400.130 Signs

62.134 Exterior Storage 60.300.020 Allowed Uses Table

62.135 Landscaping 60.400.060 Landscaping, Buffering, and Fences

62.140 Use Categories 60.600.030 Definitions

62.200 Residential Zoning District Tables Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.210 R-Sa Mixed Single Family Overlay District

62.220 R-1 Mixed Single Family District

62.230 R-2 Low Density Residential District

62.240 R-3 Medium Density Residential District

62.250 R-4 High Density Residential District


62.260 Detailed Use Regulation: Residential Districts

60.300.030 Use-specific standards

62.270 Accessory Use Residential Districts 60.300.020 Allowed Uses Table

62.280 Special Residential Setback Provisions Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.300 Nonresidential Zoning District Table

62.310 B-1 Restricted Commercial District

62.320 B-4 General Commercial District

62.330 B-5 Residential Commercial District

62.340 M-1 Mixed Commercial-Industrial District

62.350 M-2 Industrial District

62.360 MRD #1 Education and Public Service Campus

62.370 Agricultural District

62.380 Detailed Use Regulations: Non-residential Districts

62.390 Accessory Buildings and Structures in Non-residential Districts

62.400 Central Development Core Zoning District Tables

62.410 Central Development Core – Central Business District Area

62.420 Central Development Core—Fringe Area

62.430 Central Development Core—Medical Area

62.440 Central Development Core—Residential Area

62.450 Detailed Use Regulations; Central Development Core

62.460 Core Neighborhood Zoning District Tables Not to be carried forward

62.490 Detailed Use Regulations; Core Neighborhood Area

Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.500 Developing District Tables Not to be carried forward

62.600 Incentive Development 60.400.140 Incentives

62.610 Approval Procedure for Incentive Development


62.620 Standards for Approval, Preliminary Development Plan

60.500.050 Decisions Requiring a Hearing

62.630 Criteria for Incentive Development 60.400.140 Incentives

62.640 Bonus Density or Floor Area 60.400.140 Incentives

62.650 Categories of Bonuses 60.400.014 Incentives

62.700 Restricted Development 60.500.040 Major Plans and Policy Decisions

62.701 Approval Procedures for Restricted Developments

60.500.040 Major Plans and Policy Decisions

62.702 Notifications 60.500.030 Common Procedures

62.703 Submission Criteria Removed to City Website


(type II) 60.500.050 Decisions Requiring a Public Hearing (type I) 60.500.060 Development Approvals

62.705 Staff Report for Type III Restricted Developments


62.706 Standards for Approval, Preliminary Development Plan


62.707 Standards for Approval, Final Development Plan


62.708 Criteria for Type III Developments 60.500.040 Major Plans and Policy Decisions


62.709 Status of Approved Type III Restricted Development


62.710 Stage Developments 60.500.030 Common Procedures

62.720 Mixed Use Development 60.300.020 Allowed Uses Table

62.721 Application of Approval Criteria Not to be carried forward

62.722 Mixed Use Developments, Residential Districts


62.723 Mixed Use Development, R-1, R-1x, and R-2

60.300.020 Allowed Uses Table

62.724 Mixed Use Development in R-3 Districts


62.725 Mixed Use Development in an R-4 District


62.726 Mixed Use in a Developing District Residential Area


62.727 Mixed Use Development, Other Districts

Content to be allocated to 60.400 Development Standards and 60.500.040 Major Plans and Policy Decisions

62.730 Transitional Development 60.400.020 Dimensional Standards


62.732 Type I Transitional Developments 60.400.020 Dimensional Standards

62.733 Type II Transitional Developments 60.400.020 Dimensional Standards

62.734 Type III Transitional Development 60.400.020 Dimensional Standards

62.735 Transitional Development in Developing District

Not to be carried forward

62.736 Transitional Area Development 60.400.020 Dimensional Standards

62.740 Adaptive Reuse, Cultural Buildings 60.300.020 Allowed Uses Table

62.741 Type I Adaptive Reuse Development 60.300.020 Allowed Uses Table

62.742 Type II Adaptive Reuse Development 60.300.020 Allowed Uses Table

62.743 Type III Adaptive Reuse Development


62.750 Commercial Recreational Areas 60.300.020 Allowed Uses Table

62.751 Procedure Not to be carried forward

62.752 Submission Criteria Removed to City Website

62.753 Criteria for Approval 60.300.020 Allowed Uses Table

62.760 Adaptive Reuse, Commercial Buildings 60.300.020 Allowed Uses Table

62.761 List of Acceptable Uses 60.300.020 Allowed Uses Table

62.762 Procedures for Approval Not to be carried forward

62.800 Flood Districts and Intent 60.200.040 Overlay Districts

62.810 Designation 60.200.040 Overlay Districts

62.820 Procedures 60.500.060 Development Approvals

62.830 Uses Permitted 60.200.040 Overlay Districts

62.840 Construction Standards, Flood Fringe District

60.200.040 Overlay Districts

62.850 Construction Standards in the Floodway District


62.860 Construction Standards in the Flood Prone District


62.870 Manufactured Homes, Travel Trailers, and Travel Vehicles in the Flood Plain


62.880 Variances to the Flood District Regulations 60.500.060 Development Approvals

62.900 Special Districts 60.200.040 Overlay Districts

62.901 Purpose 60.200.040 Overlay Districts

62.902 Effect 60.200.040 Overlay Districts


62.903 Submission Criteria Not to be Carried Forward

62.904 Procedure Not to be Carried Forward

62.905 Notifications Not to be Carried Forward

62.906 Statement of Intent Not to be Carried Forward

62.910 Comprehensive Special District Not to be Carried Forward

62.920 Single Purpose Special District Not to be Carried Forward

62.930 Area Accessory Development 60.300.020 Allowed Uses Table

62.931 Zoning Certificate Required 60.500.060 Development Approvals

62.932 Lot Size Requirements 60.300.030 Use-Specific Regulations

62.933 Permitted Zoning Districts 60.300.020 Allowed Uses Table

62.934 Miscellaneous Standards 60.300.030 Use-Specific Regulations

62.935 Off Street Parking Required 60.300.020 Allowed Uses Table

62.936 Accessory Site Location Standards 60.300.030 Use-Specific Regulations

62.937 Commercial Wireless Telecommunication Services and Towers

Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.938 Wind Energy Conversion Systems Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.940 Offender Transitional Housing Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.1000 Shoreland District 60.200.040 Overlay Districts

62.1001 Jurisdiction 60.200.040 Overlay Districts

62.1002 Shoreland Classification System 60.200.040 Overlay Districts

62.1003 Notifications to the Department of Natural Resources


62.1004 Physical Limitations 60.200.040 Overlay Districts

62.1005 Placement, Design, and Height of Structures


62.1006 Shoreland Alterations 60.200.040 Overlay Districts

62.1007 Placement and Design of Road, Driveways, and Parking Areas


62.1008 Stormwater Management 60.200.040 Overlay Districts

62.1009 Land Suitability 60.200.040 Overlay Districts

62.1010 Conditional Use Permits – Standards for Approval

60.500.050 Decisions Requiring a Hearing

62.1100 Excavation Activities & Substantial Land Alteration

(only procedures) 60.500.050 Decisions Requiring a Hearing (only definitions) 60.600.030 Definitions

62.1110 Permits (uses) 60.300.030 Use-Specific Regulations (development standards) 60.400.050 Open Space, Stormwater, and Drainage (procedures) 60.500.060 Development Approvals

62.1111 Financial Assurances Content to be allocated to 60.200 Zoning Districts, 60.300 Allowed Uses, and 60.400 Development Standards

62.1112 Annual Inspection Report and Monitoring Guidelines


62.1200 Indoor Gun Range Conditional Use Permit (title) 60.300.030 Use-Specific Regulations

62.1201 Applicability 60.300.030 Use-Specific Regulations

62.1202 Procedures 60.300.030 Use-Specific Regulations


62.1203 Performance Criteria for Indoor Gun Range

60.300.030 Use-Specific Regulations

62.1204 Required Plans and Information 60.300.030 Use-Specific Regulations

62.1205 Required Certificate of Occupancy Documentation

60.300.030 Use-Specific Regulations

CHAPTER 63 – LOT DEVELOPMENT STANDARDS

63.100 Yards, Setbacks and Open Space Requirement


63.110 Application of Yard and Setback Requirements


63.120 Yard Usage Regulations 60.400.020 Dimensional Standards

63.121 [no title – off-street parking] 60.400.080 Parking

63.122 [no title—dimensional standard] 60.400.020 Dimensional Standards

63.123 [no title – dimensional standard] 60.400.020 Dimensional Standards



63.126 Fences, Walls, and Hedges 60.400.060 Landscaping, Buffering, and Fences



63.130 Landscape Area 60.400.060 Landscaping, Buffering, and Fences

63.140 Usable Recreation Area 60.400.050 Open Space, Stormwater, and Drainage

63.150 Required Plantings (requirements) 60.400.060 Landscaping, Buffering, and Fences (everything else) Removed to City Website

63.200 Appearance Controls (title) 60.400.070 Site and Building Design

63.210 Exterior Lighting Standards 60.400.100 Lighting

63.220 Sign Regulations 60.400.130 Signs

63.230 Landscape Area Reduction 60.400.060 Landscaping, Buffering, and Fences

63.240 Exterior Storage Standards (standards) 60.400.090 Exterior Storage (abbreviations and codes) 60.300.020 Allowed Uses Table

63.250 Site Location Standards 60.300.030 Use-Specific Regulations

63.260 Bufferyard Regulations 60.400.060 Landscaping, Buffering, and Fences

63.270 Pedestrian and Site Design Standards 60.400.070 Site and Building Design

63.300 Multiple Buildings on a Lot 60.400.010 Introduction and Summary Table

63.310 Residential Developments 60.400.010 Introduction and Summary Table

63.400 Off-Street Parking and Loading Regulations 60.400.080 Parking

63.410 General Requirements 60.400.080 Parking

63.420 Amount of Off-Street Parking 60.300.020 Allowed Uses Table

63.421 Number of Off-Street Parking Spaces 60.300.020 Allowed Uses Table

63.422 Units of Measurement 60.600.020 Rules of Measurement

63.424 Mixed Occupancy 60.400.080 Parking

63.425 Joint Use 60.400.080 Parking

63.426 Spillover Parking 60.400.080 Parking

63.427 Downtown Parking Overlay Zone 60.400.080 Parking

63.428 Public Parking in Private Parking Facility

60.400.080 Parking

63.429 Travel Demand Management Plan 60.400.080 Parking

63.430 Location of Off-Street Parking 60.400.080 Parking

63.440 Special Locational Provisions 60.400.080 Parking

63.450 Parking Facility Design Parameters 60.400.080 Parking


63.460 Off-Street Loading 60.400.080 Parking

63.470 Coordinated Parking and Loading Management Plan

60.400.080 Parking

63.500 Traffic Visibility Standards (except 63.501) 60.400.070 Site and Building Design


63.600 Industrial Performance Standards 60.400.150 Maintenance and Operation

63.610 Application of Standards 60.400.150 Maintenance and Operation

63.620 State and Federal Requirements 60.400.150 Maintenance and Operation

63.630 Local Industrial Performance Standards 60.400.150 Maintenance and Operation

63.640 Vibration 60.400.150 Maintenance and Operation

63.650 Noise 60.400.150 Maintenance and Operation

CHAPTER 64 – SITE DESIGN POLICIES

64.100 Purpose of Site Design Standards 60.400.030 Subdivision Standards

64.110 Lot Design Standards 60.400.030 Subdivision Standards

64.120 Street Layout Standards 60.400.030 Subdivision Standards

64.130 Adequate Public Facilities Standards 60.400.030 Subdivision Standards

64.140 Access Management Standards 60.400.040 Access and Connectivity

64.150 Lot Grading Principles 60.400.050 Open Space, Stormwater, and Drainage

64.160 Boulevard Tree Planting Standards (private property) 60.400.060 Landscaping, Buffering, and Fences (public right-of-way) 60.400.030 Subdivision Standards

64.200 Roadway and Subdivision Standards 60.400.030 Subdivision Standards

64.210 Improvements Required 60.400.030 Subdivision Standards

64.220 Public Roadway and Trail Thoroughfare Design Standards

60.400.030 Subdivision Standards

64.230 Determination of Right-of-Way Widths 60.400.030 Subdivision Standards

64.240 Private Roadways 60.400.030 Subdivision Standards

64.250 Street Classification 60.400.030 Subdivision Standards

64.260 Quadrant Street System 60.400.030 Subdivision Standards

64.270 Subdivision Name 60.400.030 Subdivision Standards

64.300 Site Alteration Standards 60.400.050 Open Space, Stormwater, and Drainage

64.310 Stormwater Runoff 60.400.050 Open Space, Stormwater, and Drainage

64.320 Erosion Control 60.400.050 Open Space, Stormwater, and Drainage

64.330 Lot Grading Standards 60.400.050 Open Space, Stormwater, and Drainage

64.340 Hillside Development 60.400.070 Site and Building Design

64.350 Wetlands 60.400.050 Open Space, Stormwater, and Drainage

64.400 Parkland Dedication (except 64.430) 60.400.030 Subdivision Standards

64.430 Neighborhood Park Defined 60.600.030 Definitions

CHAPTER 65 – NONCONFORMITIES

65.100 Legislative Intent 60.500.080 Nonconformities


65.120 Authority to Continue 60.500.080 Nonconformities

65.130 Maintenance and Repair of Nonconformity 60.500.080 Nonconformities

65.140 Bringing a Nonconformity into Compliance 60.500.080 Nonconformities


65.150 Transitional Development 60.500.080 Nonconformities

65.160 Landscape Area Appearance and Standards 60.500.080 Nonconformities

65.200 Nonconforming Lots of Record 60.500.080 Nonconformities

65.300 Nonconforming Uses: General Policy 60.500.080 Nonconformities

65.310 Nonconforming Uses, Permitted Modifications

60.500.080 Nonconformities

65.320 Nonconforming Uses, Expansion 60.500.080 Nonconformities

65.330 Change in Use 60.500.080 Nonconformities

65.340 Continuation and Termination of Nonconformities


65.360 Nonconforming Use Created by Flood District Regulations


65.370 Continued Excavation 60.500.080 Nonconformities

65.410 Enlargement or Alteration 60.500.080 Nonconformities

65.440 Nonconforming Structure Created by Flood District Regulation


65.500 Nonconforming Signs 60.500.080 Nonconformities

65.510 Termination of Nonconforming Signs 60.500.080 Nonconformities

65.600 Nonconforming Parking 60.500.080 Nonconformities

65.700 Nonconforming Appearance 60.500.080 Nonconformities

65.710 Alternative Bufferyards 60.400.060 Landscaping, Buffering, and Fences

65.720 Minimum Acceptable Bufferyards 60.400.060 Landscaping, Buffering, and Fences

65.800 Nonconformities within Shoreland Areas 60.500.080 Nonconformities


PART 4: CONCLUSION

Because of the complex organization and the various procedural requirements scattered throughout the LDM, creating a clearer and more robust UDC for Rochester is no small undertaking. However, making the significant changes to the City’s zoning and subdivision regulations outlined in the pages above will make it much easier for Rochester to implement the 2018 Comprehensive Plan and will pay rich dividends in terms of user-friendliness, public understanding of local governance, consistency of land use administration, and predictability of land use decisions.

Documents

Annotated Outline & Crosswalk