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Planning board backs referral of aquifer overlay and ADU zoning amendments to city council
Summary
The board recommended that proposed zoning updates — removing a now‑decommissioned aquifer protection overlay area, adopting 'accessory dwelling unit' terminology and limiting ADU size (staff suggested under 1,000 sq ft; board favored ~900–950 sq ft by right with a special‑exception path up to 1,200 sq ft) — be referred to the city council for hearings and further review.
The Rochester Planning Board voted to refer several proposed zoning ordinance edits to the city council, including updates to the aquifer protection overlay district, and comprehensive edits to rules governing accessory dwelling units (ADUs).
Planning staff said the state has reallocated or deauthorized a nearby aquifer well and recommended the removal of that small overlay area from the city’s zoning map and ordinance language to match current state designations. The board supported the referral.
On accessory dwelling units (formerly called accessory apartments), staff proposed switching to the state definition, simplifying repetitive standards, and updating the permitted size. Staff noted state law language is ambiguous but suggested that the city retain a realistic maximum (staff recommended under 1,000 square feet). Board discussion trended toward a permitted maximum of 900 square feet, with many members supporting 950 as reasonable; several members favored creating a formal special‑exception pathway to allow up to 1,200 square feet in narrowly defined circumstances rather than using a variance process.
Other proposed changes clarify that HUD‑style mobile homes (movable, chassis‑based units) would not qualify as ADUs, that ADUs are for single‑family lots only, and that sale or separate conveyance of an ADU apart from the primary dwelling would be prohibited to prevent de facto subdivision.
Staff said the proposed text will go to the council and may be routed to the council’s Codes & Ordinances Committee for more detailed review and the required public hearings. The board voted to forward the package with the discussed recommendations about ADU size and the aquifer map correction.
