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• LDM Home
• 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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60.500 PROCEDURES FOR PERMIT AND CERTIFICATE APPROVALS

Review procedures herein identified as the Type I procedure, Type II procedure and Type III procedure are established for use in processing all permit applications filed under this ordinance.  References in the ordinance to Type I, Type II, or Type III refer to the procedure to be used for processing an application request.

60.501

When an application for a certificate or permit is submitted, the zoning administrator shall determine which procedure type the ordinance specifies for its processing.  When there is a question as to the appropriate type procedure, the question shall be resolved in favor of the higher type number.

60.502

The zoning administrator shall be responsible for the coordination of the development application and the decision making procedures outlined within this section.

60.503

Pre‑Application Conference:  An applicant or the applicant's authorized representative may request the zoning administrator to arrange a pre‑application conference.  The conference shall be held within 15 days of the request, unless a longer time is agreed to by the applicant.  The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this ordinance, provide for an exchange of information regarding applicable elements of the comprehensive plan and zoning ordinance, arrange such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.  The zoning administrator, if requested by the applicant, shall provide a written summary of the conference within five (5) days of the conference.

60.504

Contents of Application:  An application for any development activity shall consist of the material specified in this section, plus other materials as required by this ordinance.  

1. A completed development application on the appropriate form provided by the zoning administrator.
2. Proof, if requested, that the property affected by the application is in the ownership of the applicant, or the applicant has the consent of all partners in ownership of the affected property.
3. A complete, typed legal description of the property affected by the application.
4. In the case of an application for a conditional use permit, variance, or site planning permit, an explanation of intent including a statement on the nature of the proposed development and any other information the applicant may feel will have a bearing in determining the action to be taken.
5. The submittal material indicated in Appendix B for the type of permit or certificate being requested.
6. An application fee as required in Article 60.175 of this ordinance.
7. In the case of an application for an advertising sign, the applicant must identify all existing advertising signs within 1200 feet of the proposed site.  If the application’s proposed site does not satisfy the minimum distance requirements from another advertising sign, the application must contain written consent from the owner of the property upon which the existing advertising sign is located indicating the owner will not exercise those rights provided by Section 60.509 (4).

60.505

Submission of Development Permit Application:  Development application materials must be submitted to the zoning administrator who must have the date of submission indicated on each copy of the material submitted.  The zoning administrator must determine whether the application is complete.  If the zoning administrator determines that the application is incomplete or otherwise does not conform to the provisions of this Code, the zoning administrator must send a notice to the applicant within six business days of receipt of the application telling the applicant what information is missing.  If an application is complete and complies with this Code, the zoning administrator shall accept it and note the date of acceptance.

60.506

Issuance of Permits and Certificates:  In issuing certificates and permits, the zoning administrator shall be guided by the following provisions:

Subdivision 1.           Action on accepted application  Following acceptance of an application, the zoning administrator shall either issue or deny a permit or certificate within the following time frames:  

Zoning Certificates	10 days
Sign Permits	10 days
Housing Certificates	5 days
For Other Applications not Requiring Approvals by Others	20 days
Applications Requiring Approval or Review by Others	7 days (following approval by others)

Subd. 2.        The zoning administrator’s decision to either approve or deny the application shall be based on the evidence submitted with the application, its conformance with the provisions of the Rochester Code of Ordinances, comments from referral agencies, information on file with the Planning Department and approvals of other bodies as may be required.  
Subd. 3.        The zoning administrator must issue the development permit if he finds the applicable approvals by others have been granted and the proposed development otherwise conforms to the requirements of the Rochester Code of Ordinances. 
Subd. 4.        The zoning administrator must deny the development permit if the required approvals are not obtained or the application fails to comply with the requirements of the Rochester Code of Ordinances.  
Subd. 5.        The zoning administrator  must deny the development permit if:  

1. The property is subject to a pending notice of violation or legal action as a result of a violation of any federal, state, county or city land use law or administrative rule;
2. The property is subject to a development agreement any provision of which remains unsatisfied.  

60.507

Notice of Action:  The zoning administrator shall notify the applicant as to the final disposition of the application.  The notice shall indicate the date when the decision will take effect and shall describe the right of appeal pursuant to Article 60.700 of the ordinance.  This notice shall be in written form.  In the case of zoning certificates, housing permits and sign permits, the application form may be used to transmit the notice of action.  In the case of all other permits required by this ordinance, the zoning administrator shall prepare a written Notice of Action containing findings of fact, and the conclusions based thereon, along with any conditions imposed upon the issuance of the permit, and shall transmit a copy of said notice to the applicant.

60.508

Action on Resubmission of Denied Application:  An applicant may make appropriate alterations to a denied application and resubmit it, with payment of a new fee required.  If a previously denied application is resubmitted within one year, previous approvals need not be reconsidered unless the zoning administrator finds that changed conditions or changes in the proposal warrant such reconsideration.

60.509 Removal of Advertising Signs Pending Permit Issuance

1. When a proposed advertising sign application satisfies all provisions of the zoning ordinance except for the minimum distance requirement between advertising signs, the zoning administrator shall not issue a zoning certificate for the proposed advertising sign until such time as the minimum distance requirement is satisfied.  Instead, the zoning administrator shall issue a letter indicating preliminary approval of the proposed advertising sign application pending removal of the existing advertising sign so that the minimum distance requirement is satisfied.  This letter shall reserve the location of the proposed advertising sign and shall prevent encroachment by other advertising signs, except as provided in subsection 4, for a period of not exceeding 120 days from the date of the letter.  A zoning certificate for the proposed structure shall not be issued until such time as the existing advertising sign, its supporting structure and that part of the foundation above ground level are completely removed from the property.
2. If the zoning administrator receives a copy of a legal unlawful detainer action, then the 120 day time period shall be extended to coincide with the time limitations contained within the court documents.
3. If the zoning administrator concludes that poor weather conditions or other extenuating circumstances have hindered the removal of the existing advertising sign, the zoning administrator may extend the 120 day time period for no more than five working days.
4. The owner of property upon which an existing advertising sign is located may arrange for the erection of a new advertising sign by a licensed sign contractor on the same lot of record within 90 days of the removal of the existing advertising sign.  The owner must comply with all of the following requirements in erecting the new advertising signs:
   1. Either (i) an advertising sign, or (ii) an advertising sign location which was the subject of an administrative appeal at the time of the 1997 moratorium became effective, may be replaced, relocated or rebuilt upon the same zoning lot in a zoning district that allows advertising signs as a permitted use if it is located at least 500 feet from another advertising sign on the same side of the street.
   2. Any replacement, relocated or rebuilt advertising sign or advertising sign location must comply with all other requirements of the city ordinances, state laws and federal laws generally applicable to advertising signs.
   3. Any replacement sign must contain the same number or fewer faces, the same number or less square footage, lighting that contains no more lights and no more illumination, and be of the same height or shorter than the previous sign.  However, the height of a replacement sign may exceed the height of the previous advertising sign but in no case shall the sign exceed 32 feet in height.

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