Planning and Zoning

CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.350 DESIGNATION OF ANNEXED PROPERTY

Zoning of land in the process of annexation may be done in conjunction with the annexation proceedings, but shall be subject to the procedure and notice requirements of section 60.330.  The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading but the ordinance annexing the property can also zone the property.


60.3501

Designation of Annexed Property:  Flood Way and Flood Fringe:  Property which is annexed to the City of Rochester by any means or process and which is located within a designated Special Flood Hazard Area inundated by the 100 year Flood on the adopted Floor Insurance Rate Map for Olmsted County, Minnesota and Incorporated Areas effective April 17, 1995, and any amendment thereto, shall be designated as the Flood Prone (FP) district except those areas designated as Flood Fringe A (FFA) under the Olmsted County Zoning Ordinance which upon annexation shall be designated as the Flood Fringe (FF) District.  Property designated on the adopted Flood Insurance Rate Maps for Olmsted County, Minnesota and Incorporated Areas effective April 17, 1995, and any amendments thereto as Floodway Areas in Zone AE shall be designated as the Floodway (FW) District.


60.3502

Designation of Annexed Property:  Zoning of Land 

  1. If the City initiates the annexation and the land use plan shows that the future use of the property is low density residential, or if the factual situation does not satisfy any of the provisions of this section, then the land would be zoned R-1 at the time of annexation.

  2. If the City initiates the annexation and the land use plan shows that the future use of the property is low density residential but there is some question by the Council whether R-1 zoning or R-1 land usage is appropriate due to changing conditions, the land would be zoned H with a hearing to be held within sixty days of the annexation.

  3. If the City initiates the annexation and the future land use plan shows that the future use of the property is something other than low density residential, the land would be annexed and zoned H with a hearing to be held within sixty days of the annexation.

  4. If the land owner initiates the annexation, the land owner must identify the zoning district for the property at the time of annexation.
           
    1. If R-1 zoning is requested, it is consistent with the future land use plan and there is no question by the Council concerning the future zoning, the land would be zoned R-1 upon annexation.
    2. If zoning other than R-1 is requested, the hearing on the requested zoning district shall occur simultaneously with the hearing on the requested annexation.
    3. If the land owner has not determined what zoning will be requested for some or all portions of the annexed property, the land would be zoned I.


60.351

Zoning Administrator Report:  Within thirty (30) days after the effective date of an annexation that was adopted without designating a zoning district, or within six (6) months after the passage of a joint resolution designating an area in need of orderly annexation, the zoning administrator shall prepare a report for the Commission examining the existing pattern of development in the area, the character of the property, and the land use plan recommendation for the area, and shall include a recommendation on suitable zoning designation for the property.  If the City Council finds it is important to the protection or implementation of City policies, interim regulations may be applied to the annexed area until more permanent action can be taken.








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Page Last Modified On: Tuesday, November 08, 2005