Planning Department

Can I run a business out of my home?

This is addressed in Article VI, Division 2, Section 138-259 Ancillary Uses of the City Ordinance. A home business (or home occupation as it is defined in the ordinance) is allowed on a limited basis in the residential zoning districts. To be sure that neighborhoods maintain their residential character there are several requirements given in order to have a home occupation.

1. There are no paid assistants or employees other than those living on the premises.
2. All business activities must take place indoors
3. No signs will be erected.
4. The home occupation must not create a nuisance to the surrounding neighborhood.
5. The home occupation must not become more than an incidental use for the dwelling.
6. It does not draw truck traffic other than delivery by a truck no more frequently than an average of once a week.
7. It does not cause more than a nominal increase of traffic.

Home day care centers have to meet the above requirements, as well as the following:

1. Child day care centers shall not care for more than six children.

Bed and breakfast operations must meet the first seven requirements, as well as these additional requirements:

1. No more than four sleeping rooms, and no more than 25 percent of the total floor area of the dwelling unit, shall be available for rent to transient guests.
2. Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector, and each floor of the premises shall have a fire extinguisher. All are to be kept in proper working order.
3. Adequate off-street parking shall be provided on site.
4. The maximum stay for any transient guest shall be 14 consecutive days.

Operating a business or carrying on a business activity in excess of the limitations of a home occupation as defined in this chapter is prohibited.

I have an idea for developing a property; what is my next step?

You may wish to schedule a "concept plan meeting." These are held on Wednesday afternoons with staff from various departments such as planning and engineering. They will review the site proposal before a full submittal for the site plan approval process is made. They can provide input and help you avoid common mistakes.

Two weeks before you wish to be scheduled for a meeting you will need to submit four drawings or sketches of the proposed plan. The drawing must show the entire parcel, all structures located on the parcel with dimensions and measurements from the property lines, the layout of proposed parking, and a cover memo outlining the project. You will also need to show proof of ownership or interest in the property to be developed. Once this information is received by Planning Department you will be scheduled for a Concept Plan Meeting. There is no charge for this initial meeting.

I've noticed some homes have personal stables; what are the requirements to have a personal stable?

Keeping horses (having a private stable) is addressed in Article VI, Division 2, Section 138-259, Ancillary Uses, (b), of the City Ordinance. A private stable may be permitted by the planning commission as an ancillary use to a private residence in a single-family district, subject to the following:

1. Before granting a permit to allow a private stable, the planning commission will hold a public hearing to receive public comment regarding the effect that establishing a private stable will have on the surrounding neighborhood.
2. A year-to-year permit granted by the planning commission will be required for continuing the private stable.
3. Two acres of land shall be provided for one horse, and an additional acre of land provided for each additional horse. The property provided shall be owned or leased by the permit holder.
4. The stable (or confinement area) use for the horse will be located in the rear and/or side yard. No horse shall be allowed to run at large.
5. Buildings or areas used for feeding and/or sheltering horses, excluding grazing areas, shall be located no less than 100 feet from the perimeter of the site. The 100-foot requirement may be waived by the planning commission if it determines that the location of the building is not likely to create a sanitary or noise problem for the neighbors.
6. No storage of manure or odor-producing or dust-producing substances (or any activity producing odor or dust) shall be permitted within 100 feet of any property line.

What kind of animals can I keep on my property?

The following animals can be kept without a permit:

1. Common household pets such as dogs, cats, etc., as long as there are not more than three of any one species permanently boarded or kept.
2. Livestock, as long as there are not more than three animals, and the parcel or lot is at least two acres in size.
3. Poultry, if there are no more than 12 and the parcel or lot is over one acre.

Keeping of the animals mentioned shall not constitute a nuisance to people living in the surrounding area. If the City receives a written complaint from a neighbor, stating that the animals constitute a nuisance, the Zoning Board of Appeals will hold a hearing, notifying all property owners within 300 feet of the property where the animals are kept. The Board of Appeals will determine if in fact the animals do constitute a nuisance.

Kennels are allowed as a conditional use in the I-1, Light Industrial zoning district, and if may be permitted by approval of the City Council after the review and recommendation by the Planning Commission. The following conditions must be met:

1. The parcel of land for a kennel must be five acres or more in size.
2. It can't be next to any parcel that is part of a residential subdivision.
3. All animals shall be kept in pens or cages designed, constructed, and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which they are to be located.
4. All pens and cages shall be located at least 100 feet from any property line, and must be kept in the pen or cage or within a building.
5. The kennel must be run in such a way as to not be detrimental to any person or neighboring property by reason or excessive noise or odor.

If a neighbor within the City files a written complaint, stating that the animals are a nuisance, the Zoning Board of Appeals will hold a hearing, notifying all property owners within 300 feet of where the animals are kept. The Board of Appeals will determine if in fact the animals do constitute a nuisance.

How do I rezone a property?

The decision to rezone a property is made by the City Council after a recommendation by the Planning Commission. To start the process you would file a Rezoning Application, which is available at the Planning Department. The names and addresses of all owners must be provided. If you are not the owner, a document such as a land contract, purchase agreement, or option to purchase, etc. must be provided to indicate the applicant's interest in the property. Attached to the application you would need to submit:

1. A location map showing the subject property and abutting parcels
2. Copy of the deed restrictions for the subject parcel
3. Statement showing why a change is necessary for the preservation of substantial property rights and why they change will not be detrimental to the pubic welfare or the property of others in the vicinity.
4. Letter of intent outlining plans for development of the property
5. An Environmental Impact Statement
6. Filing fee ($750.00)

City Staff will review the application, then you will be scheduled for a public hearing by the Planning Commission. They meet on the first and third Tuesday of each month. Your application would need to be in several weeks before the scheduled meeting as notification is provided to all property owners within 300 feet of the property to be rezoned, and notice is also published in The Rochester Eccentric not less than 15 days prior to the public hearing. The Planning Commission will then make a recommendation of the rezoning request, and it will then be forwarded to the City Council for a final decision at a later meeting date of Council. A first and second reading must be held at the City Council level to change the zoning of the property and make a change to the City Zoning Ordinance.

Where can I get information about the schedule of regulations limiting height, bulk, density and area by land use?

This information is available in the Schedule of Regulations as a PDF document.  (Acrobat Reader is required to view this document.)

Where can I view a zoning, zoning ordinance, or City Map?

These maps, as well as several others, are available on the cities website here.  While there are copies of them available to view in the Planning Department, if you would like your own copy they can be purchased in the Clerk's Department at City Hall.

How can I get a letter confirming the zoning of a property?

A zoning determination letter can be obtained from the Planning Department. A request can be transmitted by fax at (248) 656-4758. In your request give the address and/or property ID number of the parcel in question.

You will receive a letter confirming the zoning of the property along with an attachment of the section of the ordinance that lists the permitted uses in this zoning district. If you wish to determine if a building is in violation of any zoning rules or regulations, a special inspection may be requested from the Building Department. Their telephone number is (248) 656-4615.

Are Planning Department forms available on line?

A number of forms are available online.  Click here to go to the Reference Desk section of our website.