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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
  • Appendix A
  • Appendix B
  • Appendix C
  • Appendix D
  • Appendix E
  • Appendix F
  • Appendix G
  • Appendix H
  • Appendix I
• Annexation Process
• LUP Amendment Process

CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.140 APPLICATION AND SCOPE OF ORDINANCE:

This ordinance applies within the municipal limits of the City of Rochester as now and hereafter established, along with those areas outside the established municipal limits where, through joint legislative agreement with the appropriate governing body, the ordinance shall be put into effect.

60.141

This ordinance applies to all development.  No development may be approved is such approval would result in a violation of federal or state law, or city or county ordinance.  No City of Rochester official or employee may knowingly issue a development permit or license if such issuance would result in a violation of federal or state law, or city or county ordinance.

60.142

Compliance Required:  It shall be the responsibility of all property owners, architects, contractors, subcontractors, builders and other persons involved in any development, before beginning any development activity, to contact the zoning administrator to determine what approvals will be required, and to obtain any necessary permits or certificates.  Individuals or firms doing or performing any work on behalf of the property owner are subject to any and all charges and sanctions applicable to doing work in violation of the provisions of this ordinance.  This includes performing work prior to the issuance of the necessary permits or certificates, and for performing such work in violation of the conditions and standards set forth in the permit or certificate.  The zoning administrator may revoke an approved permit for non-compliance with standards and conditions.  The City of Rochester may seek an injunction from the District Court to gain compliance with the provisions of this ordinance.  It shall not be necessary for the City to initiate criminal action or seek revocation of any permit prior to seeking injunctive relief from the District Court.

60.143

Any use or occupation of land approved prior to the effective date of this ordinance as a conditional use or as a Planned Unit Development shall be permitted to continue as a lawful use or occupancy.  The approved site plan and all terms, covenants and conditions shall remain in effect and shall continue to control the use or occupation of such land.  Changes or modifications to the use, occupancy or site design, or interpretations necessary to clarify detail not addressed in the approved plan, shall be made in accordance with the standards and procedures of this ordinance.  Where a Conditional Use or Planned Unit Development has been approved for a site but the development has not been constructed, the approved plans remain in effect and may be used to guide the development of the site unless a revised plan is submitted and approved under this ordinance.

60.144

It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulation, ordinances or permits previously adopted or issued pursuant to law.  However, wherever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.

60.145

This zoning ordinance shall take effect and be enforced on January 1, 1992.

60.146

For all applications filed under the regulations of this ordinance, the burden shall be upon the applicant to provide the necessary information that will show that the proposed development will comply with the provisions of this ordinance.  For applications related to zoning text or district changes, general development plans, incentive developments and restricted developments, the applicant shall also demonstrate compliance with applicable elements of the comprehensive plan.

60.147

All permits and certificates shall be processed under either a Type I, Type II, or Type III review procedure as these procedures are described in Article 60.500.






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