Commercial Development

Policy Number: R-1, Additional kitchen facilities within single-family dwelling

Effective: January 1, 2023

Overview:

It is not uncommon to see more than one cooking facility (i.e. kitchen) indicated on plans submitted with an application for a single-family dwelling Building Permit (IRC-1). The State Building Code does not prohibit multiple kitchens in a single-family dwelling, provided the kitchens are only additional amenity spaces for the building occupant. If, however the additional kitchen is intended to serve an actual or future additional dwelling unit, then the building shall be classified as a two-family dwelling (IRC-2) and meet all applicable requirements based on that intended use. It is important that the occupancy classification, per IRC Sec. R300.1, is documented so that there is no future misunderstanding as to how the building was reviewed and approved. Typically, these conflicts arise when rental housing applications/inspections are made.

Details:

When multiple cooking facilities are indicated on a plan submitted as a single-family dwelling (IRC-1) documentation shall be provided by the applicant as to the intended use of the space containing the additional cooking facility. The reviewer will review for compliance as a single-family dwelling (IRC-1), or a two-family dwelling (IRC-2) based on the documentation provided.

Any change of use from the documented use shall require that the building or portion thereof be brought into full compliance with the applicable provisions of the new use.

Authority:

The authority to create policies is within MN rule 1300.0110 Subp. 1, which allows the Building Official to “…render interpretations of the code and adopt policies and procedures in order to clarify its application.”

Purpose:

The policies are intended to serve several purposes:

• Provide clarity and direction regarding specific applications of code provisions that cannot be clearly interpreted from the code text alone.
• Provide a consistent response to frequently occurring issues that would normally require a modification (ref. MN Rule 1300.0110 subp.12) or an alternate material or method of construction (ref. MN Rule 1300.0110 Subp. 13).
• To address errors in the code until such time that they are corrected through the proper rule making process.

Applicability:

The policies are applicable to projects under the jurisdiction of Rochester Community Development Department – Building Safety Division only.

Format:

The policy number format is based on the subject discipline first (B-Building, E-Energy, EL-Electrical, MMechanical, P-Plumbing, R-residential) followed by the chronological number. The effective date and the last revision date is also given.

Use:

This coversheet is applicable to every published Building Code Policies.

Policy Number: E-1, Conditioning of residential garages policy

Effective: July 14, 2021

Overview:

The current State Residential Energy Code would not prohibit the conditioning of a residential garage; however, it would treat the garage space no differently than the dwelling unit and would therefore make it impractical to comply from a cost/benefit standpoint. Normally these heating systems: (1) are not intended to condition the space more than a few hours in any single day and (2) are not intended to condition the space at the minimum temperature required in the living area (68 degrees Fahrenheit). The garage should therefore not be held to the same criteria as that of the adjoining living area. The Department of Labor and Industry - Construction Codes and Licensing Division that promulgates the State Energy Code is aware of the issue and has recommended a work-around that would require the garage/dwelling to be built first and the Certificate of Occupancy issued. At that point, it would be considered an existing building and a Mechanical Permit application can be made to add heating to the existing garage. The result of the work-around is that: (1) the space is less compliant from an Energy Code application, (2) the installation is more costly to the homeowner than if installed during the original construction, and (3) it creates inconsistency in the application of the code.

Details:

For the purposes of applying the State Energy Code, the following applies to the conditioning of private garages in group IRC-1, IRC-2, IRC-3 and IRC-4 occupancies of the State Residential Code and private group U garages in group R-3 and group R-4 occupancies of the State Building Code:

1. The private garage shall be limited to use by the occupants of the building.
2. The garage shall be limited to a maximum of 1000 sq. ft.
3. The garage construction shall be in compliance with the Building Envelope Requirements for Climate Zone 6A of ASHRAE 90.1-2016 for Semiheated: R-30 attics, R-13 walls, & R-19 floors, U-0.7 for swinging doors and U-1.45 for non-swinging doors (overhead garage door). There is no requirement for foundation insulation.
4. A Class I vapor barrier/retarder shall be installed between the garage and all living areas and beneath the concrete slab.
5. A frost footing is required between the semiheated garage and the living area as applicable.
6. Thermostatic controls shall be provided that turn on and off the system and can start and stop the system under two different time schedules per week.
7. The plans submitted under the Building Permit for review shall indicate the type, input rating and location of the appliance in the garage.
8. The heating appliance input rating shall be limited to the maximum permitted for semiheated structures of 14 Btu/h-ft2. This rate is permitted to be averaged over the projected hours of operation per day based on a minimum of 4 hours. See below.

Maximum Input rating of Heating Appliance (BTUH) Based on projected hours of operation

Footnotes for chart:

1. Input ratings for 12 hours, 8 hours, and 4 hours are rounded up to the closest 1000th.
2. Interpolation is permitted for garage areas not indicated.

Policy Number: B-1, Non-gender designated toilet facilities

Effective: January 1, 2023

Overview:

The State Building Code (SBC) & State Plumbing Code (SPC) define the minimum number of plumbing fixtures based on the use of the building or structure along with when separate gender specific toilet facilities shall be provided in lieu of non-gender specific toilet facilities (unisex). The following is a guideline to the minimum requirements based on the State Building Code.

Applicable definitions:

• Toilet Facility: A room or space containing not less than one lavatory and one water closet. (State Plumbing Code Sec. 202)
• Toilet Compartment: A room or space containing only a water closet.
• Room: “Room” means a space or area bounded by any obstruction over 6 feet in height which at any time encloses more than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet in clear width and less than 6 feet 8 inches in height shall not be considered. Aisles and corridors shall not be construed to form rooms. (State Building Code Sec. 202)
• Family or assisted-use toilet facility: A toilet facility intended to be used by multiple occupants where one occupant may be assisting another occupant(s) with toileting.
• Occupant Load: The number of persons for which the means of egress of the building or portion thereof is designed.

Details:

The general requirement in IBC sec. 2902.2 requires separate (toilet) facilities for each sex. There are three exceptions to allow a single-user non-gender designated toilet facility.

Exception #1 is for dwelling units and sleeping units. The second and third exception are the most commonly utilized in commercial designs.

Exception #2 is based on the total occupant load being 25 or less, including both employees and customers. Although the definition of occupant load refers to the means of egress design load, IBC Table 1004.5 does not distinguish between employees vs. customers and therefore the anticipated actual occupant load may be approved in lieu of the calculated occupant load (ref. IBC Sec.1004.5).

Exception #3 is specific to mercantile use with a maximum occupant load of 100.

When using exception #2 or #3 signage is still required (ref. IBC Sec.2902.4) for public toilet facilities. The signage is required to indicate that the toilet facility is usable by either (all) sexes.

The first three exceptions focus on allowing a single single-user non-designated toilet facility. IBC Sec. 2902.2.1 may also be used, which allows the use two family or assisted-use (non-gender specific) toilet facilities. This is permitted when, by calculation, only one water closet is required for both male and female based on IBC Table 2902.1. As an example, if the proposed use is a restaurant with a calculated occupant load of 140 occupants, then only one water closet would be required by Table 2902.1 assuming a 50:50 male to female ratio. Therefore, the designer can either provide two gender designated toilet facilities or two family/assisted-use non-gender specific toilet facilities. Since, by definition, a family or assisted-use toilet facility is intended to be used by more than one person at a time that may be of different genders signage is not required.

The IBC is silent on whether once separate toilet facilities are required, if then all toilet facilities in the area served are required to be gender specific. At minimum, when separate toilet facilities are required, as long as the required gender specific toilet facilities are within the maximum travel distance prescribed in the IBC (typically 500 feet) for all the occupants served, then all other toilet facilities in the building are permitted to be: (1) signed non-gender specific single-user or (2) family or assisted-use, (3) a non-gender designated toilet facility with common lavatories and multiple individual private toilet compartments.

Guideline: G-1, Required permitting for alterations to existing telecommunication installations

Effective: April 2022

Overview:

Building Safety & Planning are frequently asked by telecommunication companies if and when a permit is required to replace or add equipment to an existing tower or building including city owned water towers. The following is intended as a general guideline for such installations.

Details:

A Building Permit and Zoning Certificate is REQUIRED for the following alterations and additions to existing telecommunication installations:

1. The replacement of tower or building mounted antennae/equipment of larger size or load.
2. New tower or building mounted antennae/equipment.
3. Replacement of ground mounted equipment or equipment platforms of a larger size or footprint.
4. New ground mounted equipment, equipment platforms or structures.

A Building Permit and Zoning Certificate is NOT REQUIRED for the following alterations of existing telecommunication installations:

1. The replacement of existing tower or building mounted antennae/equipment of the same size (or smaller) and the same (or less) load.
2. The replacement of existing ground mounted equipment of the same size and footprint (or less). An Electrical Permit may be required based on the line voltage of the equipment served and a Fuel Gas Permit may be required for replacement natural gas generators.

For installations on city owned buildings or structures the city agency (typically RPU) needs to be listed as the property owner and as a “notice recipient” in the appropriate fields of the online application.

Policy Number: G-02, Utility Service Installation – Outside of City Right of Way or Public Utility Easement

Effective: 2/2026

Background:

The State Plumbing Code governs the materials and methods of installation of sanitary sewer, storm sewer and water service when located outside of the city right-of-way (ROW) or public utility easement (PUE). The permitted materials, methods of installation, and qualifications of the installer may be different than those permitted for installations within the ROW/PUE. The following is intended as a general guideline for such installations. For installations in the ROW or PUE, please refer to Rochester Public Works standards:

Guideline:

Installer Requirements:

Installation of utility service connections shall be performed by a sewer and drain contractor licensed by the City of Rochester per Rochester City Ordinance Section 12-2-8.

At least one installer of the utility service piping at the active worksite shall have in possession a plumbing license or pipe layer’s card, issued by the MN DLI Commissioner, certifying completion of a pipe-laying program approved by the commissioner.

Inspection of sewer or water service piping serving state licensed facilities or public use buildings shall be performed by Community Development Plumbing Inspectors as per Minnesota Statutes 326B.43, Subdivision 2. All other sewer or water service inspections shall be performed by Public Works.

Installation:

• A building sewer starts at 2 feet outside a building.
• Sanitary building sewer must connect to a public sewer when available per State Plumbing Code (SPC) Section 713.4.
• Cleanouts must be provided at intervals not to exceed 100 feet for sanitary and storm sewers (SPC Sec. 719.0 & 1101.12). Where permitted by the administrative authority, manholes may be used in lieu of cleanouts at intervals not exceeding 300 feet (SPC Sec. 719.6).
• Where practical, sanitary building sewersshall be designed to drain by gravity means at a uniform sloped of at least 1/4-inch per foot (2%). (SPC Sec. 718.1) A minimum slope of 1/8 inch per foot (1%) is permitted for sizes of 4-inch and 6-inch diameter pipe when they meet at least one of the following conditions:

1. 1. Due to the depth of street sewer or private sewage system connection,
   2. Arrangements of the building structures restrictions, or
   3. A minimum of 2 feet per second self-cleansing velocity is always maintained to prevent settling or forming wastewater and sewage. Low flow fixtures in the drainage system must be considered in determining the minimum velocity of 2 feet per second.

• Building sewers shall be run in practical alignment and laid on a firm bed of approved material throughout its entire length. Thermoplastic pipe shall be installed by trenching, per M.R.43714.314.4.1. Directional boring requests shall be submitted by the licensed designer as an alternate method, per M.R.4714.301.3 and may be approved due to specific circumstances. Verification of slope shall be confirmed after installation. Minimum slope, alignment & bedding shall be verified by an approved method.
• Building sewers shall comply with the material & applicable standards of SPC Table 701.2. (See Table 1: Permitted Materials for Building Sewer piping) Building sewer materials installed within 2 feet of a building must be of materials approved for use inside of or within a building.
• See SPC Sec. 723.0 for testing requirements for building sewer; SPC Sec. 1107.0 & 712 for testing requirements building storm sewer.

1. 1. All sanitary building sewers must be tested and be gastight or watertight (SPC Sec. 723.0).
   2. All portions of the storm sewer system located within 10 feet of the building or building waterline must be tested by the use Hydrostatic Test Method from CEAM (SPC Sec. 1109.0)
   3. Concrete manholes and sewer lines shall be tested by negative pressure per ASTM C1412-13, ASTM C1244-11, or hydrostatically.

• Building water supply shall comply with the material and applicable standards of SPC Table 604.1. (See Table 2: Permitted Materials for Water Supply Service)
• Building water supply shall be located not less than 12 inches below the maximum local frost depth.
• In general, no building water supply shall be locate in a lot other than the lot that is the site of the building served by the building supply.
• See SPC Sec. 609.4 for testing requirements for water supply system.
• See SPC Sec. 609.9 for disinfection of potable water system.

Isolation of Building Water from Building Sewer Installation:

• The water pipe must be installed at least 10 feet horizontally from any manhole, septic systems, catch basin, or other source of contamination, measured from the outer edge of the pipe to the outer edge of the contamination source.
• Water and Sewer Separation: A minimum horizontal separation of 10 feet should be maintained between the water pipe and any sewer, whenever possible.
• Trench: No building sewer pipe may be in a common trench with water pipe unless the sewer pipe material is approved for use within a building (see Minnesota Rules, Chapter 4714, Sections 609.2 and 720.1). When water pipe is in a common trench with a sewer of clay or material not approved within a building:

1. 1. The bottom of the water pipe must be at least 12 inches above the top of the sewer.
   2. The water pipe must be on a solid shelf with a clear horizontal distance of 12 inches from the sewer.

• Water and Sewer Crossings: The bottom of water pipe crossing a building sewer of clay, concrete, PVC ASTM D3034, HDPE D2306, or materials not approved for use within a building must have the water pipe installed at least 12 inches above the top of the sewer. If not possible,

1. 1. Provide a 10 foot horizontal separation, or
   2. Provide materials approved for use within buildings.

Table 1: Permitted Materials for Building Sewer piping

Materials for both sanitary and storm sewers can be found in SPC Table 701.2. Joints, connections, and installation method must also be in accordance with the code and manufacturer’s installation instructions.

Other Notable Materials and Alternates:

1. Reinforced concrete (RCP) storm sewer pipe meeting ASTM C76 is an acceptable alternate material for building storm sewers and yard drainage applications. Installation must meet the ACPA Installation Guide, design specifications and manufacturer’s installation instructions. Separation from the water supply service line shall be provided as per Minnesota Rules 4714, Section 720. Water-tight joints shall be provided by gaskets provided by the manufacturer and installed in accordance with the manufacturer’s instructions. The local administrative authority may have additional requirements and must be consulted prior to installation.
2. High-density polyethylene (HDPE) sewers:

1. 1. HDPE pipe meeting ASTM F714 may be used for pressurized sewers and must be installed per Minnesota Rules, Chapter 4714, Table 701.2. Separation from the water supply service line shall be provided as per M.R. 4714.720. All changes in direction must be through approved drainage fittings or through manhole connections. Heat fusion joints must be utilized per the manufacturer’s installation instructions and ASTM D2659 or ASTM D3261.
   2. HDPE pipe meeting ASTM F2306 can be submitted by the licensed designer for acceptance as an alternate material under section M.R.4714.301.3 for installation of gravity building storm sewers and yard drainage. Installation must be on a continuous granular bed that meets ASTM D2321. Separation from the water supply service line shall be provided as per M.R.4714.720.

Table 2: Permitted Materials for Water Supply Service

• Plastic materials for building water supply piping shall have an approved tracer wire in accordance with SPC 604.10.1.
• Replacement of existing metallic water service piping with an approved plastic material is allowed provided compliance with State Electrical Code grounding electrode system is verified/provided. SPC 604.10 & NEC Art 250.50

Policy Number: Z-01, Certificate of Survey for single-family building permits

Effective: March 28, 2022

Overview:

The zoning code currently requires a certificate of survey for every new single-family detached/single-family attached residential building permit. Most platted lots show the same information identified on the certificate of survey and are public information available to a developer without additional costs

Details:

Each new residential building permit may be approved with an image of the recorded lot in place of the certificate of survey.

1. Every applicant is responsible for providing a legible 8.5 x 11 image of the recorded lot, which can be located on the Olmsted County plat search website.
2. All non-platted lots are required to provide a certificate of survey with the building permit.
3. The Community Development Department reserves the right to request a certificate of survey for any building permit.

Policy Number: Z-02, Growth Management Map Amendment Policy

Effective: November 15, 2022

Overview:

The Growth Management Map will be reviewed, and large-scale amendments may be modified, in conjunction with the City’s regular Comprehensive Plan review and update cycle. Additional modifications to the growth management map may be brought forward by the Development Services team based on the Sanitary Sewer Master Plan as needed.

Details:

This policy is intended to establish a process for property owners or agents of the property owners to initiate a growth management map amendment outside of the regular Development Services team updates. Growth management map amendments (GMMA) shall be evaluated on an individual basis for consistency with the following criteria:

1. The proposed GMMA will address an unanticipated shortage of land designated and available for a proposed type of land use as evidenced by an objective market analysis with costs covered by the applicant.
2. A technical assessment of the sewage generation characteristics of the proposed development in combination with an assessment of the remaining trunkline sewer capacity in the sanitary sewer subdistrict where the development is proposed should be completed to determine the availability of capacity and/or the potential scheduling of improvements to address this potential Adequate Public Facility deficiency.
3. The impact of and cost to municipal utilities and infrastructure, including but not limited to road and transit infrastructure, sewer, water, and electric infrastructure, parks, etc. as a result of the proposed GMMA has been considered and the proposed project will not adversely affect these infrastructure systems.
4. An assessment of natural features on the proposed site has found that the site is suitable for urban development.
5. The proposed GMMA will not adversely affect the supply of land designated for the type of land use the area in question is currently planned for.
6. The proposed Future Land Use Map amendment is consistent with and will help further the Vision, Principles, and Goals of the P2S 2040 Comprehensive Plan and
   1. Will not compromise the direction of the plan to create an integrated land use and transportation vision.
   2. Will not compromise the strategies identified in the plan to implement the Primary Transit Network or the anticipated phasing of the PTN identified in the plan
   3. The development characteristics of uses in the proposed land use plan category as described in Tables 2-8 through 2-12 are compatible with surrounding land use classifications.
   4. The locational characteristics and transportation features of the site are consistent with the locational and transportation factors described in Tables 2-8 through 2-12 for the proposed land use.
7. The proposed amendment is consistent with community goals and policies as expressed in the City’s adopted Plans.

The following policy outlines how a developer can initiate a minor or major growth management map amendment.

Minor Growth Management Map Amendment:

A minor growth management map amendment is any change to the Growth Management Map that involves a land area of 5 acres or less. A minor growth management map amendment may be initiated by petition of the property owner or by agents of the property owner by written consent of the property owner. A minor growth management map amendment may be approved through the Development Services team (Public Works and Community Development).

To receive approval for a minor map amendment, the property owner or agents of the property owner shall request a technical meeting with the Development Services team to review the development proposal. The Development Services team will review minor amendments on a case-by-case basis. The amendment may be approved by the Development Services team provided the development will not adversely affect City infrastructure including but not limited to storm and sanitary sewer, drinking water, streets, parks, fire response times, etc.

Should a minor amendment be approved by the development services team, a formal approval letter will be provided and a map amendment will be reflected in the subsequent Comprehensive Plan update. Should there ever be a time when 5 minor growth management map amendment occur the Development Services team will initiate a map amendment to ensure the growth map reflect accurate information.

Major Growth Management Map Amendment:

A major growth management map amendment is any change to the growth management map that involves a land area greater than 5 acres. A major growth management map amendment may be initiated by petition of the property owners or by agents of the property owners by written consent of the property owners. A major growth management map amendment may be approved through the two-step process listed below.

1. To receive approval for a major map amendment, the property owner or agents of the property owner shall request a technical meeting with the Development Services team to review the development proposal. The Development Services team will review major amendments on a case-by-case basis. Following the technical meeting, a formal predevelopment meeting outlining the request is required. The amendment may be approved by the Development Services team provided the development will not adversely affect City infrastructure including but not limited to storm and sanitary sewer, drinking water, streets, parks, fire response times, etc. Should the project receive formal Development Services approval, the project can proceed to step 2.
2. Upon receiving approval from the Development Services team, the major growth management map amendment moves forward for City Council Review. This request shall include a Public Hearing in front of the City Council and will require a supermajority vote, as this would qualify as a Comprehensive Plan amendment. The Development Services team will review requests based on the criteria below and provide the City Council with a formal staff report and recommendation.

Policy Number: Z-03, Neighborhood Information Meeting (NIM) Policy

Effective: January 1, 2021

Overview:

This policy provides additional requirements for Neighborhood Information Meetings (NIMs), which are a means for potential developers to inform neighbors and interested community members of a proposed land development project in an informal setting. Supplemental to the Unified Development Code (UDC) guidelines, this policy outlines requirements regarding required materials, location, and scheduling to promote consistency, transparency, and accessibility for all NIMs.

Details:

For every Neighborhood Information Meeting (NIM):

• The applicant shall attend a Pre-Development Meeting before the submittal of a NIM application.
• The applicant shall submit a NIM application at least 25 days before the meeting date.
• The applicant shall submit all required materials and exhibits along with their NIM application.
• The applicant shall hold the meeting within 0.5 miles of the proposed project site unless a greater distance is approved by the Community Development Director.
• The applicant shall hold the meeting after 5 pm on a weekday (Monday – Friday).
• The applicant shall not hold the meeting on a date that conflicts with a City Council meeting, City Council Study Session, Planning Commission meetings, or any election dates.
• The applicant shall include a phone-in and virtual attendance option.
• The applicant shall provide equitable accommodations submitted in writing by a community member to the Community Development Departments at least five days before the NIM.
• The applicant shall present all required materials and exhibits listed on the UDC Application/Guide at the meeting.
• The applicant shall pay a $125 Public Notice fee.

The following is required per section 60.500.030B.2 of the Unified Development Code:

• All applications that propose the development of residential with five or more units, mixed-use, commercial, or industrial development are required to administer a NIM. Applications requiring a NIM meeting can be in table 500.01-1 of the UDC.
• A NIM may be required if the Community Development Director determines that the project is likely to have material or unexpected impacts on the surrounding area.
• If an application is revised during the application process to include substantial changes from the project and plans shown at the initial NIM, the Community Development Director may require an additional NIM.
• The applicant shall complete and submit a NIM request form at least five business days before the notification mailing.
• The NIM must be held in an accessible facility, located in the same quadrant of the city, in which the development is proposed. If the Community Development Director has concerns regarding the choice of meeting facility, based on its design, accessibility, or proximity to residents who may be affected by the proposed development, the applicant may be required to select an alternate location.
• The Community Development Director will provide a mailed postcard notice of the NIM at least ten calendar days before the meeting and shall notify the Registered Neighborhood Association, if one exists, where the proposed development is located.
• NIMs shall not be scheduled to conflict with regularly scheduled City Council meetings or on federal holidays, including Election Day.
• Staff may attend but shall not present, evaluate, or approve development proposals at NIMs.
• A resulting Land Development Application shall include a report stating the time and location of the meeting, the number of attendees, and the topics discussed. The report shall list each concern raised at the meeting, and for each such concern, any changes made to the application in response to that concern or the reason why no change was made.
• The development application shall be submitted within 60 calendar days from the date of the NIM.

Authority:

The Community Development Department can create reasonable and proactive strategies and policies that promote engagement, build relationships, and improve the physical, economic, environmental, and social quality of the City of Rochester, including a commitment to deliver a positive customer service experience.

Purpose:

The policy is intended to be an innovative strategy to efficiently review residential building permits on platted lots.

Applicability:

The policy is applicable to single-family detached, and single-family attached, residential building permits under the jurisdiction of Rochester Community Development.

Format:

The policy number format is based on the subject discipline first (B-Building, E-Energy, EL-Electrical, M-Mechanical, P-Plumbing, R-residential, Z - Zoning) followed by the chronological number. The date the policy was published or revised is also given.

Use:

This coversheet is applicable to every published Planning & Zoning Policy.