Appendix H - Review of Rochester Code of Ordinance Requirements Pertaining to Land Use Matters

The following list is intended to provide a general overview of those chapters in the Rochester Code of Ordinances (other than the Zoning Ordinance and Land Development Manual regulations) which affect the use of land within the City. This list is intended only to make people aware that requirements exist, but is not intended to provide an exhaustive description of the requirements themselves. References are made in parenthesis at the end of each description of the primary City department responsible for the administration of the given ordinance.

Chapter	Description
3.02	Definitions of certain terms, including "sidewalk" and "street".
15	Development District administrative organization is described, with duties of the district administrator and advisory board described (Downtown Development Office).
20	Planning and Zoning Commission structure, duties and rules of organization are described, along with the duties of the Planning Director (Rochester-Olmsted Planning Department).
30	Acquisition of Public Lands defines the procedure to be used when, during consideration of an annexation, the need for a school site or other public ground is identified, to insure that the needed sites are made available to the public for purchase (Rochester-Olmsted Planning Department).
32	Housing Code: General establishes the basic groundwork for the Housing Code, including its applicability and scope, the responsible department (Building Safety) for administration, definitions and enforcement inspection procedures (Building Safety Department)
34	Housing Code: Minimum Standards defines the minimum requirements for ventilation, light, water and sanitary facilities, etc., that must be met for all structures used for dwelling purposes (Building Safety Department).
35	Housing Code: Maintenance of Dwellings and Apartments describes minimum conditions for walls, windows, ceilings, floors, sanitary facilities, etc., that are expected to be maintained in any dwelling. In addition, Sections 35.17 - 35.21 describe minimum standards for yard areas, fences and non-dwelling structures, such as foundations, that are expected to be maintained, and Section 35.22 describes regulations applying to junked or abandoned automobiles (Building Safety Department).
36	Housing Code: Water and Sewer Requirements describes the requirements for all development in terms of providing water and sanitary sewer service (Public Works Department).
38	Housing Code: Registration of Rental Units establishes the need to obtain a registration certificate before any dwelling/apartment or rooming unit is let for occupancy, and describes application requirements, enforcement provisions, review provisions and fees (Building Safety Department).
41	Highway Restriction in Airport Area establishes standards for the erection or planting of any vegetation or structures along certain roads within the vicinity of the airport, and establishes remedies which the City may pursue in order to bring any violations into compliance.
46	Planting and Care of Trees describes the property owners and the City's responsibility in the care of all trees growing within the boulevard areas of any public streets (Park and Recreation Department).
50	Building Code establishes the Building Code regulations applicable within the City of Rochester. In addition, Section 50.02 (1) establishes the requirement for sidewalk permits; (Public Works Department) Section 50.02 (2) details that street rough grading must be completed before construction permits can be issued; (Public Works Department) Section 50.02 (3) establishes revocable permits and what they can be used for; (Public Works Department) Section 50.03 establishes zones within the City for application of the Building Code (Building Safety Department).
55	Fire Prevention Code establishes a fire code for the City of Rochester and details the requirements that are determined to be applicable, the need for permits, the method for appeals, and how violations will be treated. In addition, Section 55.03 prohibits the storage of explosives; Section 55.04 establishes location requirements for the storage of flammable or combustible liquids; Section 55.05 establishes location criteria for the bulk storage of Liquefied Petroleum Gases.
70	Concrete Sidewalks, Driveways, Curb and Gutters establishes the requirement that all contractors engaged in the construction of such facilities be licensed (Public Works Department).
71	Curbs, Curb Cuts and Driveways establishes that a permit must first be obtained prior to any work on a public street relative to a curb, curb cut or driveway. This section details the standards that are to be met in approving such a permit request. In addition, Section 71.07 establishes maximum driveway widths and minimum separations (Public Works Department).
72	Repair and Maintenance of Sidewalks describes a property owners responsibility in the upkeep of sidewalks within the City. In addition, Section 72.07 establishes standards for the control of weeds and grasses within the City and how the City will remedy situations deemed to be a public nuisance (Public Works Department).
73	Miscellaneous Street and Sidewalk Regulations covers a range of topics, including: Section 73.01 which establishes that a permit must be obtained before commencing any excavation in a public street or alley; Section 73.05 prohibits the storage of alcohol on any sidewalk or street; Section 73.08 establishes the need to obtain a permit prior to using any sidewalk for a sidewalk sale of merchandise or goods.
73A	Newsstands on Public Sidewalks describes the provisions for the placement of unattended devices, used to distribute or vend newspapers and periodicals, on public sidewalks. This chapter discusses the general provisions for the placement of these devices, as well as the size, use and appearance of such devices.
73B	Sidewalk Cafes permits licensed restaurants and other food establishments to conduct a portion of that business on the public sidewalk with a special permit, and subject to certain restrictions (City Clerk).
74	House Number and Street Signs establishes the system for assigning house numbers within the City, along with the City's responsibility in erecting street signs (Public Works Department).
76	Supervision and Control of Sewers establishes regulations pertaining to the construction of, discharges into, and maintenance of sewers within the City, designating the City Engineer as chief officer in charge of the supervision of such facilities. Of particular note are: Sections 76.04 - 76.07, which establishes the requirement that a license be obtained by any person planning to offer his services for hire. Section 76.10 limits connections generally to lands within the City. Section 76.13 establishes the requirement for separate service connections for each building.
80	Human Rights describes the City's policies on discrimination in the areas of employment, public services, education, and, in Section 80.09, Housing Section 80.10, Public Accommodations
85	General Regulations deals with a range of topics, spanning pornography, unlawful assembly, distribution of handbills, and, of particular note, Section 85.10, which establishes more restrictions in the City. Section 85.11, which limits the use of travel trailers as living quarters on public or private property.
93	Public Transportation establishes licensing and franchise requirements for public transportation services in the City.
95	Taxicabs establishes licensing, inspection, rate and other miscellaneous requirements for cabs, including Section 95.12, which gives the Council authority to establish cab stands as needed.
97	Limousine Franchises establishes licensing, franchise and other requirements for limousines.

Chapters 100 through 125 establish licensing and permit requirements for various types of activities that may occur within the City. Among the activities requiring permits or licenses are the following:

Chapter	Description
100	Auction and Auctioneers
101	Bingo
102	Bowling Alleys
104	Circuses and Other Shows
105	Companionship Sales
106	Cats, Dogs and Other Animals
107	Gambling
108	House Movers
109	Junk Dealers
110	Moving Picture Shows
111	Pawn Brokers
113	Pigeons
113A	Chickens
115	Saunas and Massages
116	Signs (Licensing) Applications for needed permits or licenses are obtained at City Hall, at either the City Clerk's or City Administrator's Office.
125A	Alcoholic Beverages details the regulations applicable to establishments engaged in the sale of liquor. The primary requirement under this ordinance is the need to obtain a liquor license prior to the opening of any business involving the sale of such products. (City Administrator's Office)
130	Traffic Code establishes restrictions on speed limits, operation of motorcycles seasonal load restrictions and traffic control devices (including installation, maintenance and relocation).
134	Parking Regulations establishes a broad range of controls on parking within the City, including restrictions on location, type of vehicles, and hours of use, in addition to establishing rates and parking zones within the City (Public Works Department).
135	Truck Routes establishes which streets within the City are designated for use by "trucks" (defined as any vehicles exceeding 5 tons in weight, loaded or unloaded). (Public Works Department)
138	Residential Permit Parking Zones establishes the provisions for the creation of residential permit parking zones in designated areas (Public Works Department).
141	Refuse Collection and Disposal establishes standards for the storage of refuse, how it is to be packed for collection, the need for licensing (applicable to refuse collectors), and rates for rubbish collection.

Other Regulations

Ordinance 1466 establishes the procedures by which the City Council may designate certain areas as rural service districts for tax purposes.

The Rochester Home Rule Charter is basically the constitution of the City of Rochester. Several chapters within the charter also relate to land use matters. These include Chapter VI, Ordinances, which outlines the procedures for adoption and enactment of a City ordinance, and Chapter XVII, Vacation of Public Ways, which outlines the procedures for the vacation of public right-of-way and easements.

Minnesota Statutes contain the enabling legislation for land use regulations by municipalities. Minnesota Statutes Section 414 establishes the procedures for annexation of land to the City. Minnesota Statutes Section 462 establishes the rules and procedures for the adoption of Official Maps.