Planning and Zoning

CHAPTER 60 - INTRODUCTORY PROVISIONS

60.320 DESCRIPTION OF DISTRICTS

The following paragraphs specify the purpose and intent of the zoning districts established by this ordinance.


60.321

Developing District:  This district is intended to accommodate the expansion of the City of Rochester into the presently undeveloped fringe areas designated for future urban development on the Land Use Plan, through the administration of regulations allowing maximum flexibility in the choice and siting of different development types.


60.322

Central Development Core:  The intent of this district is to provide for the highest intensity of commercial, residential and medical/institutional development within the City of Rochester, resulting in a mixture of uses that are mutually supporting and which will optimize in‑place public facilities and contribute to the creation of a sound tax base for the downtown area.

The Central Development Core is composed of four subareas described as follows:  

  1. Medical Area:  Those areas within the Central Development Core designated as "medical" on the Land Use Plan, wherein it is the intent to preserve and enhance the area primarily for medical facilities and major public and quasi‑public uses, along with related supporting facilities and uses.
  2. Central Business District (CBD):  Consistent with the goals of the plan for the Downtown Development District, that portion of the area designated as "central business district" on the Land Use Plan, where it is the intent to develop the highest intensity of concentrated and integrated retail, financial, office, service and entertainment uses, with an emphasis on pedestrian amenities.
  3. Fringe Area:  That portion of the Central Development Core which lies outside the identified “central business district”, “medical”, and “high density residential” designations on the Land Use Plan, where it is the intent to provide a location for less intensive commercial and service uses which are necessary or tend to support and enhance the activities within the CBD area.
  4. Residential Area:  Those areas within the Central Development Core designated as "high density residential" on the Land Use Plan, where it is the intent to preserve and enhance the development of high intensity multi‑family residential in conjunction with a mixture of low intensity service/retail uses.


60.323

Established Districts:  A set of districts, applied to lands partially or fully developed, or which become developed in the future.  Lands initially in the Developing District will eventually be rezoned to an Established District once development of an area is complete.  

  1. R-1 Mixed Single Family District:  This district is intended to maintain areas where the emphasis has historically been on the development of single-family detached dwellings.  Uses supportive and in character with such a style of development can also be provided.
  2. R‑Sa Mixed Single Family Overlay District:  This district is intended to maintain the character of existing residential areas which have been developed with single family detached dwellings on large lots with significant amounts of open space, resulting in the creation of spacious residential environments.
  3. R-1x Mixed Single Family Extra District: This district is intended to maintain and promote areas of relatively low residential density where the emphasis is generally on the development of one-family dwellings of various styles designed to meet the housing needs of the complete range of one-family households.  This district also provides opportunities for in-fill development in established areas through the efficient use of the existing housing stock and infrastructure.  This district is established where it is compatible with the overall low density character of the area without significantly compromising the acceptable levels of traffic on the immediate local or limited local street system to the detriment of an established lower density residential area.
  4. R-2 Low Density Residential District:  This district is intended to maintain and promote areas with a mixture of residential dwelling types that are of an overall low density, or which are undergoing a conversion from predominantly single‑family detached dwellings to low density multi‑family use.  Certain supportive non‑residential uses, and compatible infill development, consistent with the policies of the Land Use Plan, are provided for.
  5. R-3 Medium Density Residential:  This district is intended to maintain areas developed predominantly with multi‑unit residential buildings outside of the Central Development Core, or areas of existing low density development where the need to encourage redevelopment has been identified on the Land Use Plan.  Certain supportive non‑residential uses, and compatible residential infill development, consistent with the policies of the Land Use Plan, are provided for.
  6. R-4 High Density Residential:  This district is intended to maintain areas for multi‑family residential uses of the highest intensity, along with supportive commercial, office and service uses of similar intensity, in locations with proximity to the Central Development Core and major employment centers.
  7. B-1 Restricted Commercial District:  This district is intended to maintain and provide for areas of low intensity business uses that are located adjacent to residential areas, but along major thoroughfares so as not to encourage customer traffic through the adjacent residential areas.
  8. B-4 General Commercial District:  This district is intended to provide for areas of concentrated commercial development outside the Central Development Core, oriented towards thoroughfare locations because of the access and visibility those locations provide, and consistent with the locational criteria for such uses in the Land Use Plan.  Uses in the district are generally of a type providing service to the residents of the entire region or community.
  9. B-5 Residential Commercial District:  This district is intended to provide for limited low intensity business uses and limited neighborhood retail and neighborhood food sales/service uses that are located within residential areas consistent with the Land Use Plan, in a manner which buffers the adjacent residential area from the effects of the commercial activities; and to provide housing and retail options that offer residents and business owners the opportunity to meet some of their daily needs by walking or bicycling and/or via reduced vehicle travel distance and time.
  10. M-1 Mixed Commercial‑Industrial District:  This district provides an area for a mixture of commercial uses and industrial uses which do not generate significant adverse impacts, which are served by major thoroughfares providing direct access or a local street system with direct access to major thoroughfares, and which with an adequate level of buffering, could be located in reasonable proximity to residential areas.
  11. M-2 Industrial District:  This district is intended to accommodate those uses which are potentially incompatible with uses in other districts because of the negative impacts they generate in terms of truck traffic and nuisance characteristics, and to provide areas where different levels of infrastructure and transportation improvements can be provided in a cost effective and efficient means to serve the needs of industrial, transportation, and manufacturing uses.
  12. AG Agricultural District:  This district is established to accomplish the general purposes of the zoning code and for the purpose of accommodating large lot rural residential and agricultural development in recently annexed undeveloped areas.


60.324

Flood Related Districts:  The flood related districts are a set of three districts established to guide envelopment within the flood plain consistent with current flood plain management practices.  The specific purposes and regulations for the Flood Fringe, Floodway, and Flood Prone districts are found in Article 62.800 of the Rochester Code of Ordinances.


60.325

MRD  Mixed Redevelopment District:  This district is intended to recognize that the land use composition of certain areas are in transition as a result of public policy and private investment decisions which in effect are encouraging redevelopment of these areas to higher intensity or different character of use.  The regulations of the district are intended to provide for an orderly conversion between existing and future use, providing a level of protection to existing viable uses while discouraging their expansion where not compatible with the long term development pattern of the area. 

  The following mixed redevelopment zoning districts have been established:  

  1. MRD 1  Mixed Redevelopment District – Education and Public Service Campus:  The Education and Public Service Campus Mixed Redevelopment District recognizes the special needs of public educational, public recreational, and public or private institutional and medical facilities, and the benefits to be realized by concentrating such uses within close proximity to each other.  The district facilitates the interaction between such uses and provides efficiency in the provision of public facilities to serve the traffic demand, utility expansion and information exchange needs of the development within the district.  The district will allow related public recreational facilities and land uses that support the existing higher education institution located within the district.  These land uses that support the post secondary educational campus meet the needs of students and staff while also providing for community needs.
 


60.326

P.U.D.  Planned Unit Developments:  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.  The use of land and buildings within the boundaries of a Planned Unit Development District continues to be governed by unique set of development plan documents approved by a Resolution of the Common Council which may include but are not limited to site plans, grading plans, amenity/landscaping plans, architectural plans and ownership association documents.  The approved P.U.D. documents are kept on file by the Zoning Administrator and continue to be used in regulating the use of land within the boundary of the P.U.D.  The term Planned Unit Development shall also include all Community Development Projects and Neighborhood and Community Shopping Center Plans heretofore approved by resolution of the Rochester Common Council pursuant to the provisions of Ordinance #1296 (Zoning Ordinance of the City of Rochester prior to Ordinance #1659).

Changes to Planned Unit Developments will be processed according to the regulations applicable to conditional use permits.  The Zoning Administrator shall determine the conventional zoning district under the Rochester Zoning Ordinance and Land Development Manual which most closely parallels the former underlying zoning of the Planned Unit Development at the time of its adoption.  Any subsequent change to a Planned Unit Development shall be evaluated based on this determination of underlying zoning.  

The Zoning Administrator may authorize certain minor changes to approved Planned Unit Developments guided by paragraph 61.148.  Any other changes to a P.U.D. shall be processed through the Type III review procedure with the Phase II hearing process.  The applicable criteria for incentive or restrictive development shall be use in the evaluation of the proposed change.


60.327

SD  Special Districts:  Existing Special Districts approved by Ordinance numbers 3443, 3404, 2726, 2516, 2247, 3385, 3468, 3497, 3503, 3520, 3534, 3604, 3615, 3691, 3711, and 3814 are recognized as separate zoning districts and the plans and procedures established for each Special District will continue in force.  When a Special District Ordinance does not specify the procedure or criteria to amend an approved site/development plan, the proposed amendment will be reviewed under Section 61.148.  When a Special District requires a specific site/development plan review process, but does not specify the criteria by which to review the site/development plan, the development will be reviewed under Section 61.148.  When a Special District Ordinance requires a two phase review, the development will be reviewed under Section 61.146 and either Section 62.708 (1) (for preliminary plans) or Section 62.708 (2) (for final plans).


60.328

H  Holding Zone:  This district is intended to provide a temporary zoning classification for certain recently annexed (consolidated) 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, according to the procedural requirements of Section 60.330, the appropriate zoning district for the property.  The Holding Zone district will be established on property if it is determined by the City that the default designation of R-1 (Mixed Single Family Residential) for annexed property as regulated on Section 60.350 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 which 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 the R-Sa, AG, MRD or SD districts would be more appropriate zones for the property. On land in the Holding Zone, 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.


60.329

I  Interim Zone:  Subdivision 1.  This district is intended to provide a zoning designation on the official zoning map for the City of Rochester that will alert the general public that the future zoning of selected, undeveloped land will be subject to change at some time in the future.  The Interim Zone provides the owner of the property the time needed to analyze and organize an official request for permanent zoning district boundaries according to the procedural requirements of Section 60.330.  The City may establish an Interim Zone district on undeveloped property at the time of annexation and upon the request of the property owner.  The City will adopt an Interim Zone on property if it is determined that it would be in the best interest of the public and consistent with the Statement and Purpose of City of Rochester, Minnesota found in Section 60.111.  The Common Council will review all Interim Zone districts at the same time it reviews urban rural service districts.  Upon petition by the landowner, a public hearing will be held pursuant to Section 60.330, et. seq., and the Council will establish a zoning classification other than I for the property. Subd. 2.        Except as provided in subdivision 3 of this section, no building or structure will be enlarged or moved, and no change in the use of land or existing buildings or structures will be permitted on land in the Interim Zone. 

Subd. 3.        A building or structure may be enlarged or moved and a change in the use of land or existing buildings or structures may be made as follows:  

  1. Any change to an existing building or structure, including maintenance and minor repair, and any erection of a new building or structure, must be limited to a total cumulative value over any consecutive five year period of 15 % of the County Assessor’s market value of buildings or $30,000, whichever is greater.  Repairs not requiring a permit under the Uniform Building Code are allowed without limitation on the value of the work completed. 
  2. The maintenance and minor repair of an existing building or structure not resulting in an increase in the number of dwelling units or the amount of floor area of the principal use may be allowed through the Type I review procedure.
  3. Buildings or structures accessory to residential uses and meeting the standards of the R-1 Zoning District may be erected on the same parcel of land occupied or under the same ownership on the effective date that the property was included in the Interim Zone subject to the issuance of a zoning certificate by the zoning administrator.
  4. The following modifications to an existing use are allowed subject to approval through the identified procedure:
    1. The addition or expansion of nonstructural off-street parking facilities to serve an existing use of land in order to relieve on-street parking or loading pressures caused by the development may be allowed through the Type II review procedure.
    2. The establishment of nuisance abatement measures such as fences, screening, landscaping, drainage controls or the permanent all weather surfacing of yards or parking areas may be allowed through the Type I review procedure.
    3. The addition of security features such as lighting and temporary buildings that would reduce security risks to the general area or to the nonconforming use may be allowed through the Type I review procedure.
    4. The expansion of an existing residential use subject to the value limitation in Section 60.329(1) may be permitted using a Type II review procedure.  A proposal where the Commission or Council finds significant injurious impact should be denied or approved with conditions which will mitigate the impact of the proposal.  In acting upon an application for expanding an existing residential use, the Commission and Council must use the following criteria to evaluate the impact of the proposed change on the existing development:
      1. Consistency with the Land Use Plan, the character and history of the use and the character and history of development in the surrounding area.
      2. Adverse impacts that may affect residential uses on the property or in the vicinity, including traffic noise and adjacent land use.
      3. Other factors related to compatibility with the character or needs of the area.
 




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Page Last Modified On: Monday, January 28, 2008