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99-162S 'v..b S� .'� ..� e� '" ��qr� 3��� Committee Date : Green Sheet # � 2'3 � y --� ORDINANCE CTTY OF SAINT PAUL, MINNESQTA Presented By Referred To 3� 2 3 An ordinance to amend the Zoning Code relating to the location of pawnshops. Council File # � `� - � Co � Ordinance # ar!at reuen , � � ... 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 6 7 Section 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'1 28 29 30 31 32 33 34 35 Section 6Q534 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted subject to special conditions. The foilowing additional uses shall be permitted, subject to the standards specified for a11 special condition uses as set forth in secfion 64.300(c). All principal uses permitted subject to special conditions sha11 be reviewed and approved by the planning commission. (1) (Z) Ali uses as permitted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. Open air uses which are accessory to a principal use permitted in the district and located on a zoning lot at least twenty thousand (20,000) square feet in area as follows: a. Retaii sales of plants not grown on the site,lawn furniture, playground equipment, and gazden supplies; provided, further, that such use shall be located at the end or rear of the building. (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one ` hundred (100) feet from any front, reaz or side yard of any residential lot in an adjacent residentiai district measured from the closest point of the building in which the use is located to the closest residential pxoperiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subject /}�, I:\USERS�B17iNE�BOS7ROIJnpawn-ord2 March2.1999 3�Z"� � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 to the foliowing conditions: 49-1�� a. The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specificarions sha11 be developed by the city planning coordinator, traffic engineer and city fire mazshal, and sha11 be approved by the piauning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjonung vacant land zoned for residential use. c. The minimum lot area shali be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating faciliries) and auto convenience markets may be permitted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. (5) Licensed conectional community residential facilities, health deparpnent-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Mulrifamily Residential District in section 60.443. (6) Pawn shops when the business is conducted within completely enclosed buildings and is separated from residentiallv zoned propertv either by a roublic street or b� distance of one hundred fifty_(150) feet measured from the building wall of the nawn shop to the neazest lot line of the residentially zone�ronert,y:_provided. however, that a modification maX be rg anted �ursuant to section 64.300 from the fore�oinQ requirement u�on the following conditions: � There is no existin�pawnshop within 5,28� feet of the �roposed location. measured from the nearest building wa11 of the existin�pawnshop to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the groposed use. b. Customer entrances shall not be oriented towazd resldentiall, zy oned properiy. Customer parking shall not be closer to residentially zoned pro�ert�than the primar�entrance. c. The location of a pawnsho.p at this locafion wiil not be contrary to any adopted district plan or other Cit�proeram for nei .ghborhood conservation or im�rovement. either residential or nonresidential. d. The proroosed use meets all other requiremenYs for special cottdition use nermits �rovided in section 64300. 2 I�\USERS�BYRNE�BOS7ROM�paw�-ord2 Maroh2, 1999 2.0 `� 7 (7) Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 2 Auto service stations, auto convenience markets, and auto specialry stores as regulated in the B-2 District. Sec. 60.544. Principal uses permitted subject to special condifions. 10 The following additional uses shall be permitted, subject to the conditions hereinafter 11 unpased for each use and subject to the standards specified for a11 special condition uses as set 12 forth in section 64300(c). Ali principal uses pemutted subject to speciai conditions shall be 13 reviewed and approved by the planning commission. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 60.544 of the Saint Paul Legislative Code is hereby amended to read as follows: (1) �2) Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats, a11 sub}ect to the following: 99-��? a. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the uea. � c. Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets. No repair or refinishing sha11 be done on the lot unless conducted within a completely enclosed building. d. The minimum lot area sha11 be fifteen thousand (15,�Q0) squaze feet. A site plan sha11 be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. e. In the case of pawnbrokers. the businesses shall be senarated from residentiallv zoned property by a public street or bv a distance of one hundred fifty�150� feet measured from propertv line to propertv line;provided, however. that a modification mav be r� anted pursuant to section 64300 from the foregoine requirement upon the following conditions: l. There is no exisring,�awnsho�within 5 280 feet of the pro�osed location measured from the nearest building wall of the existing pawnshop to the nearest buildinp wall of the pronosed use, or if there is no building. to the nearest lot line of the �roposed use. 2. Customer entrances shall not be oriented toward residentiallv zoned �or roerty. Customer.parking shall not be closer to residentiall�zoned �roDertv than the primary entrance. 3 I:\USEKS�BYRNEIBOSTROM�pawn-ord2 Mazch 2, I999��� 1 3. The location of a pawnshop at this location will not be contrarYto ati. �(,'�. 2 anv adopted district pIan or other Citv program for neighborhood 3 conservation or improvement. either residential ar nonresidential. 4 5 4. The �roposed use meets all other r�uirements for special 6 condition use pernuts provided in section 64300., 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 40 41 42 43 44 45 46 47 48 49 (3) Pawn shops when the business is conducted within completely enclosed buildings and is sepazated from residenrially zoned propertv either by a public street or bv a distance of one hundred fifiy (1501 feet measured from the buildine wali of the pawn shoro to the nearest lot line of the residenrially zoned propert�provided. however. that a modification may be granted pursuant to section 64300 from the foregoine requirement upon the following conditions: a. There is no existing pawnsho� within 5 280 feet of the pro�osed locavon. �neasured from the neazest building wall of the existin� tiawnsho� to the neazest buildin� wall of the �2ronosed use, or if there is no building, to the nearest lot line of the pronosed use. b. Customer entrances shali not be oriented toward residentiall zoned �roroert� Customer pazking shall not be closer to residentially zoned property than the primarv entrance. c. The location of a pawnshop at tlus location will not be contrar tV o any adopted district plan ar other City program for nei�hborhood conservation ar improvement. either residential or nonresidential. d. The�r000sed use meets a11 other requirements fox special condition use nermits provided in section 64300. (4) Restaurants, fast-food, subject to the following conditions: a. Points of vehiculaz ingress and egress shall not be onto a street which is used primarily for access to abutting residential property. b. Points of vehicular ingress and egress shall be located at least sixty (60) feet from the intersection of any two (2) streets and at least sixty (60) feet from any abutting residentially zoned properiy. c. � When the site abuts an a11ey which also serves residentially zoned Iand, no access from the site to the alley shall be permitted. Site shall have a minimum of one hundred (100} feet of street frontage on its principal access street. e. Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. t} tIUSER5�61RN616�S1ROM\pawn-ocd.2 Mazch2, t999 "')"' �� f. A litter collection plan shall be developed and submitted to the planning �q_) � commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. g. Speaker box sounds from drive-through lanes shali not be piainly audible so as to unreasonably disturb the peace, quiet and comfort of abutting residential property. h. A landscaped area not less than fi8een (15) percent of the unpervious surface azea of the lot shall be provided and maintained. i. Impact on adjouung properiy by use of the site may not result in the following: 1. Loud, boisterous and disturbing noise levels. 2. Hazardous tra�c conditions. 3. Offensive, obnoxious and disturbing odars. 4. Excessive litter. 5. Excessive artificiallighting. 6. Substantial decrease in adjoining properiy values. (5) Crreenhouses for the retail sale of plants grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: a. The storage or display of any materials or products shall meet all setback requirements of a structure. b. All loading and parking shall be provided off-street. c. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses. (6) Other outdoor uses when found not to conflict with the operation of the B-3 District as to off-street pazking, off-street loading and the system of pedestrian flow. The planning commission, in determining that the use is hannonious with adjacent uses, sha11 require the submission of a site p1an including a floor plan and ali uses within three hundred (300) feet of the boundary of said site superimposed on said site plan. (7) Auio laundries (car wash) which can be completely enclosed when not in operation subject to the following condirions: 5 1:\USERS�BYRNE�B051ROM\paum-ord2 Mazch 2, 199� �� 1 a. Any access drive shall be located at least thirty (30) feet from any pubiic aq �� `� 2 street intersection, measured from the interior curbline commencing at the 3 b. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �8 �9 intersecrion of the street. Any auto wash line e�t shall be at least thirty (30) feet distant from any streetline. (8) Licensed correctional couununiry residential faciliries, health deparhnent-licensed couuuunity residential facilitis and emergency housing as permitted and regulated in B-2 Business Districts under principal uses permitted subject to special condirions. (9) Adult bookstores, subject to the following conditions: The adult bookstore shall be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the closest points of the properiy lines of the buildings in which the adult uses are located. � b. The adult bookstore shall be located at least eight hundred ($00) radial feet from any residentialiy zoned property in any municipality, measured in a straight line from the closest point of the property line of the buiiding in which the adult bookstore is located to the closest residentially zoned property line. c. The adult bookstore shall be located at least four hundred (400) radial feet from any "protected use," defined as: A buiiding in which a majority of floor space is used for residential purposes; a day care center, where such day care center is a principal use; a house of worship; a pubiic library; a school (public, parochial or private elementary, junior high or high schooi); a public regional park or pazkway, public park, pubiic recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Pian; a fire station; a community residential facility; a mission or a hoteUmoteL The distance shall be measured in a straight line from the closest point of the properry line of the building in which the adult bookstore is located to the closest point of the properry line of the building in which is located an aforementioned protected use. C� Conditions b. and/or c. may be waived by the planning commission if the person applying far the waiver sha11 file with the planning administrator a consent petition which indicates approval of the proposed adult bookstore by ninety (90) percent of the property owners within eight hundred (800) radial feet of the lot on which the use would be located; the pianning commission, in considering such a waiver, shall make the foilowing fmdings: That the proposed use wi11 not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a°skidrow" azea; that the establishment oh ��} I.\USERS�SYRNE�BOSTROMIpawn-ord,2 Mazch 2, 1999 3 ��/"F l � an additional use of this type in the area will not be contrary to any �q ", program of neighborhood conservation or nnprovement, either residential — t `+ � or nonresidential; and that all applicable regulations of this section will be observed. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. All signs shall comply with Chapter 66 of the zoning code and with Chapters 274 and 275 ofthe Saint Paul Legislative Code. f. No person shali engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section sha11 be construed as authorizing or pernutting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the e�ibiUon, sale or distribution of obscene material generally or the e�ibition, sale or distribution of specified materials to minars. No obscene wark shali be ailowed. g. The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses aze added to the building containing the adult bookstore. h. i. The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. The adult bookstore shall not be located within a building also used for residential purposes. (10) Adult cabazets, subject to the same conditions listed above in subsection (9) fox adult bookstores, with the substitution of the phrase "adult cabazet" for the phrase "adult bookstore" wherever it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radiai feet apart. (11) Adult conversationlrap parlors, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult conversationlrap parlor° for the phrase "adult bookstore" wherever it appeazs. The adult conversationfrap parlor is considered to be one (1) use, No two (2) aduit uses can be in the same building but must be spaced two thousand six hundred forry (2,640) radial feet apart. (12) Adult healthtsports clubs, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult healthlsports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. I:\USERS�SYRNE�BOSTROM�pawn-ord2 March2.199�2�� (13) Adult massage parlors, subject to the same conditions listed above in subsection n9 _�`� (9) for adult bookstores, with the substitution of the phrase "adult massage parlor" � for the plu�ase "adult bookstore" wherever it appeazs. The adult healthfsports club is considered to be one (1} use. No two (2) adult uses can be in the same buiiding but must be spaced two thousand six hundred forty (2,640) radial £eet apart. 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (14) Adult mini-motion picture theatres, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult mini-motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult mini-motion picture theatre is considered to be one (1} use. No two (2} adult uses can be in the same building but must be spaced two thousand six hundred £orty (2,640) radial feet apart. (15) Adult mofion picture theatres, subject to the same conditions listed above in subsection (9) for aduit bookstores, with the substitution of the phrase "adult motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult motion pichue theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced iwo thousand six hundred forty (2,640) radial feet apart. (16) Adulf steam roomlbathhouse facilities, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult steam roomlbathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam roomlbathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart, (17) Other adult uses, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substiturion of the phrase "other adult use" far the phrase "aduit bookstore" wherever it appeazs. The other adult use is considered to be one (1) use. No two (2) adult uses can be in the saxne buiiding but must be spaced two thousand six hundred foriy (2,640) radial feet apart. (18) Auto xepair, subject to the following conditions: a. The minunum lot area shall be fifteen thousand (15,000} squaze feet. 38 b. A ten-foot landscaped buffer with screen planting and an obscuring fence 39 shall be required along any properiy line adjoining an existing residence or 40 adjoining land zoned residential. 41 42 43 44 45 46 47 48 49 c, All repair work shall be done within an enclosed building. d. There shall be no outside storage. (19) Private helistop for emergency medicai services which are accessory to a hospital, subject to the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- Family Residential District in section 60.453, Principal Uses Permitted Subject to Special Condition. I.\USERS�BIRNE�BOSTROAmpawn-ord2 Mamh 2, 1999 7�� (20) Cellular telephone antennas located on a freestanding pole, as regulated in the OS- F 1 District, section 60.514(6)a. through g. q�`f�" (21) Accessory buildings, shuctures and uses as defined in section 60.201. Section 3 Section 60.552 of the Saint Paui Legislative Code is hereby amended to read as foliows: Sec. 60.552. Principal uses permitted. In a B-4 Central Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structutes from other locations or districts shall conform to the following use groups, unless otherwise provided in this code: (1) Transient residential uses: Hotels, moteis and clubs used primarily for transient occupancy. (2) Apartment residential uses. To inciude: a. Foster homes and freestanding foster homes located in multiple-family structures; b. Auruan service-licensed community residential facilities located at least six hundred (600) radial feet from another similar facility and located in a multiple-family structure; c. Transitional housing and shelters for battered persons located in multiple- faniily structures; and d. Hospices located in multiple-family structures. (3) Retail business uses: Retail business serving the convenience and comparison shopping needs of the city and the region beyond. (4) Service business uses: 5ervices business providing direct consumer services. (5) Office uses: Business, professional and governmental of£ices accommodating a variety of functions such as finance, corporate headquarters, service enterprises and other similar office development. (6) Public utility uses: Public utility offices; telephone exchange buildings; electric transformer stations and substations; gas regulator stations; all without storage yazds. (7) Off-street pazking facilities; pazking ramps, decks, or garages, with fully enclosed accessory automobile service stations. (� I.\USERS�BYRNE�BOSTROM�pawn-ord2 March2, 199���� (8) Amusement and entertainment uses: Commercial recreation, theaters, eating or Q drinking places inciuding entertainment and other such uses offering — t9'�`�" etttertainraent to the users of the Central Business District. (9) Restricted wholesaling uses Wholesaling with storage restricted to samples. (10) Governmental uses: Those uses which require central location to sarvice the needs of the region using the Central Business District. (i l) Public and quasipublic uses: Churches, schoois, libraries, hospitals, pazks, museums, fratemal organizafions, clubs, family day care, a oup family day caze, group day care and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaper publishing. (13) Other uses which the planning commission shall find to be: a. Related and reasonably necessary or convenient for the satisfactory and efficient operation of a central business district. b. Similaz in character to one or more of the use groups indicated above. c. Of such character that the vehicular tr�c generated by such use is similar to one or mare of the above-permitted uses. d. Do not create nuisance as defined in this code. (14) Colleges, universities, seminaries and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit. (15) Outdoor restaurants when accessory to a principal use and outdoor farmers' markets. (16) Cellulaz telephone antennas located on an existing structure as permitted and regulated in tlie OS-1 Business Diatrict, section 60.512(8), except that antennas may extend up to forty (40) feet above the shuctural height of the structure to which they are attached. I Q I:\USERS�BYRNE�BOSIROM\pawn-ord 2 Mazch 2, t99��� 2 (1?) Currency exchange business, as pernutted and as regulated in the B-2 Business _`9 ���'} 3 District under principal uses pernutted, section 60.532. 4 5 1�8 Pawn sho�s when the business is conducted within completelv enciosed 6 buildines. 8 (�-&19) Accessory buildings, structures and uses as in section 60.201. 9 10 Section 4 11 12 This ordinance shall take effect and be in force on the thirtieth day following its passage, 13 approval and publication. Requested by Department of: By: Form Approved by City Attorney Adopted by CounciL Date 1\�„�1.. \O, �q� BY � • r � ' � — Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ay: cl- . By: Approved by Mayor: Date By: � � ��� �' � ���. V I'J SERS� OSIROM\pavm-ord2 March 2,1999 �\\ "� �1'"3'�+�a ��Or/'�..w • V A 1 Council J Bostrom OATEINRWTEO 2/10l99 GREEN SHEET o[rue�xrawecraa Pi TOTAL # OF SIGNATURE PAGES q9-t�� �0 62364 ancoura. ❑ on�nouE� ❑ asvusnk _ ❑rwxcw.awn+casax �w„x�u�aExnKCro ❑ wvae(aewsnwr/ ❑ (GUP ALL LOCATIONS FOR SIGNATURE) Change ordinance to reflect reco�endations of the Flanning Commission. PUINNING CAMMISSION CIB COMMIITEE CML SERVICE COMMISSION VI� this Pe�soMfi�m ever wakeE u�Mer a contraet for this department? YES NO Was ims pe�sonfirm a+er eeen a city empwyee9 YES NO Does thie 0�� P� a sldll not narmalbP� M'snv current cily empbyee? YES NO IathispersoMfirtnatarpetedvendoYt � YES NO iTAL AMOUNT OF TRANSAGTION HDIN6 SOURCE COSTIREVENUE BUDfiETED iCIRCLE ONt7 ACTIYIN NUM�ER YES NO W CN1. INFORMA'MN (EXP W NJ oRC��Nat ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To An ardinance to unend the Zoning relating to the location of pawnsk THE COUNCIL OF THE CITY OF SA1NT PAUL Section 1 Section 60.534 of the Saint Paul �'�� Council File # �g!%��. Ordinance # Green Sheet # ����y 3a Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted sftbject to special conditions. The following additional us shall be permitted, subject to the standazds specified for all special condition uses as set forth ' section 64.30Q(c). A11 pxincipal uses pernutted subject to special conditions shall be revie ed and approved by the planning commission. (1) �2) Ail uses as pe itted and regulated in the B-1 Loca1 Business District under principal us permitted subject to special conditions. Open air ses which are accessory to a principal use permitted in the district and located n a zoning loC at least twenty thousand (20,000) square feet in area as a. / Retail sales of plants not grown on the site, lawn fiunitare, playground I equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. (3) / Bowling a11ey, billiard ha11, indoar archery range, indoor tennis courts, racquet � ball and hand ball courts, dance ha11, electronic game room, indoar skating rink, t or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz ox side yazd of any residenfiallot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential properiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subjecf I.\USERS�BY.RNE�BOS7ROM�pawn-ord I Febmary 10, 1999" ".� 2`�� to the following conditions: qq-�c.� a. The construction and maintenance of all driveways, curbs, sidewaiks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traf£c engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring w 1 or fence shall be required along any properiy line adjoining an e�sf resident or adjoining vacant land zoned for residenfial use. c. The minimum lot area shall be fifteen thousand (15,0 ) squaze feet, and so arranged that ample space is available for motor etucles which are required to wait. Auto service stations which are ' tended solely for the sale of gasoline, oil and minor accessories an aving no facilities for incidental servicing of automobiles (includ' g lubricating facilities) and auto convenience markets may be permi ed on a lot of twelve thousand (12,000) square feet, subject to all oth provisions herein required. (5) Licensed correctional community reside ial facilities, health departrnent-licensed community residenfial facilities and e ergency housing facilities subject to conditions as set forth for RM-i M ifamily Residentiai District in section 60.443. (6) Pawn shops when the busines is conducted within compietely enclosed buildings (7) Accessory buildings tructures and uses customarily incident to the above pernutted uses. Section 2 Secrion 60.544 of Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.544. Principal ►�es permitted subject to special conditions. The followin additional uses sha11 be permitted, subject to the conditions hereinafter imposed for each e and subject to the standazds specified for all special condition uses as set forth in section .300(c). All principal uses permitted subject to special condirions shall be reviewed and proved by the planning commission. (1} Auto service stations, auto convenience mazkets, and auto specialty stores as reguiated in the B-2 District. (2) Outdoor sales space for the sale or rental of new, secondhand, or pawned I\USERS�BYRNE�SOSTRONnpawn-ord 1 February 14, 199���� 2 �V automobiles, hucks, motorcycles, trailers, or boats, all subject to the following: Q`a' �( a. The lot or area shail be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area. b. Vehiculaz access to the outdoor sales azea shall be at least siYty (60) feet from the intersection of any two (2) streets. a No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. � d. The minimum lot area shall be fifteen thousand (15,0 0) square feet. A site plan shall be submitted showing the layout of t e vehicles for sale or rent, employee pazking, and customer pazking. e. (3) Pawn shops when the business is condu ed within completely enclosed buildings and is se arated from residentiall zo d ro ert either b a ublic street or b a distance of one hundred fi 150 et measured from the buildin wall of the awn sho to the neazest lot line the residentiall zoned ro ert . (4) Restaurants, fast-food, subje to the following conditions: a. Points of vehicul ingress and egress shall not be onta a street which is used pramarily r access to abutting residential property. b. Points of ve cular ingress and egress shall be located at least sixty (60) feet from e intersection of any two (2) streets and at least sixty (60) feet from any butting residentially zoned property. c. Wherythe site abuts an alley which also serves residentially zoned land, no acce�s from the site to the alley sha11 be pernutted. d. te sha11 have a minunum of one hundred (100) feet of street frontage on its principal access street. � Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. f. A litter coilection plan sha11 be developed and submitted to the plaruung commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. '3 I:\OSERS\SYRNEBOSTROM\pawu-ord.l Febmary ]0, 1995] `� '1�'� g. Speaker box sounds from drive-through Ianes shall not be plainly audible !�q- ��.�- so as to unreasonably disturb the peace, quiet and comfort of abutting residential properiy. h. i. A landscaped azea not less than fifteen (15) percent of the impervious surface azea of the lot shall be provided and maintained. Impact on adjoining property by use of the site may not result in the following: 1. 2. 3. 4. 5. 6. Loud, boisterous and disturbing noise levels. Hazardous tr�c conditions. Offensive, obnoxious and dishubing odors. Excessive litter. Excessive artificial lighting. Substantial decrease in adjoining (5) Greenhouses for the retail sale of plants fumiture, playground equipment and ga conditions: � Q c. The storage or display of any requirements of a structure,F'` All loading and values. the site, and sales of lawn ies subject to the following or products shall meet all setback be provided off-street. The storage of any s6i1, fertilizer or other loose, unpackaged materials shall be contained,�so as to prevent any effects on adjacent uses. (6) Other outdoor uses District as to off-st� flow. The plannin�° adjacent uses, sh�ll all uses withim on said site �nan. (7) Auto b. wken found not to conflict with the operation of the B-3 eet parking, off-street loading and the system of pedestrian commission, in determining that the use is harmonious with require the submission of a site plan including a floor plan and � hundred (300) feet of the boundary of said site superimposed dries (car wash) wluch can be completely enclosed when not in subject to the following conditions: Any access drive shall be located at least thirty (30) feet from any public street intarsection, measured from the interior curbline commencing at the intersection ofthe street. Any auto wash line exit shal� be at least thirty (30) feet distant from any 4 I.\USERS�BIRNE�BOS7RONnpawn-ord.l Pebruary 10, 7999� 'Y street line. 99-1L�- 3 (8) Licensed correctional community residential facilities, health depariment-licensed 4 community residential faciliries and emergency housing as pernutted and 5 regulated in B-2 Business Districts under principal uses pernutted subject to 6 special conditions. (9) Adult bookstores, subject to the following conditions: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 44 a. The adult bookstore shail be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the ciosest points of the prope lines of the buildings in which the adult uses are located. b. The adult bookstore shall be located at least eight hundr (800) radial feet from any residentially zoned property in any munici ity, measured in a straight line from the closest point of the propert me of the building in which the adult bookstore is located to the clo st residentially zoned property line. a The adult bookstore shall be located t least four hundred (400) radial feet from any "protected use," define s: A building in which a majarity of floor space is used for residenf purposes; a day care center, where such day care center is a principa se; a house of worship; a public library; a school (public, pazochial private elementary, junior high or high school); a public regio 1 park or pazkway, public pazk, public recreation center or public spec' lized recreation facility as identified in the parks and recreation ele ent of the Saint Paul Comprehensive Plan; a fire station; a comm 'ty residential facility; a mission or a hotellmotel. The distance sha11 e measured in a straight line from the closest point of the property lin of the building in which the adult bookstare is located to the closest poi t of the property line of the building in which is located an aforeme ioned protected use. d. Cond' ions b. and/or c. may be waived by the planning commission if the pers n applying for the waiver shall file with the planning administrator a co sent pefition which indicates approval of the proposed aduit bookstore ninety (90) percent of the property owners within eight hundred (800) adial feet of the lot on which the use would be located; the planning commission, in considering such a waiver, shall make the following findings: That the proposed use will not be contrary to the public interest or injurious to nearby psoperties, and thaY the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a"skidrow° area; that the establishment oh an additional use of this type in the area will not be contrary to any program of neighborhood conservation ar improvement, either residential or nonresidential; and that all applicable regulations of this section will be observed. I:\USER516YRiVE�BOSTROM�pawri-ord I February I0, ]999���� �, e. All signs shall comply with Chapter 66 of the zoning code and with q9 `'(�}- Chapters 274 and 275 of the Saint Paul Legislative Code. £ No person shall engage in any activity or conduct or pemut any other person to engage in any activity or conduct in the adult bookstore which is pxQhibited by any ordinance of the City of Saint Pau1, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited oT regulated by other statutes or ordinances, including, but not 1'vnited to, statutes or ordinances prohibiting the e�ibifion, sale or distribution o obscene material generally or the e�ibition, sale or distribution of specified materials to minors. No obscene work shall be allowed g. The special condition use permit for the adult bookstore sha be reviewed annually to ensure that no change in use occurs and that additional adult uses aze added to the building containing the adu bookstore. h. The adult bookstore is considered to be one (1) u. No two (2) adult uses can be in the same building but must be space wo thousand six hundred forty (2,640) radial feet apart. i. The adult bookstore shall not be residential purposes. a building also used for (10) Adult cabarets, subject to the same con ' ions listed above iu subsection (9) for adult bookstores, with the substitutio f the phrase "adult cabaret" for the phrase "adult bookstore° wherever it appea . The adult cabaret is considered to be one (1) use. No two (2) adult nses can e in the same building but must be spaced two thousand six hundred forry (2,6 ) radial feet apart. (11) Adu1t convexsation/rap subsection (9) fax adult conversation/rap parlor' adult convetsationlrap uses can be in the s e forty (2,640) radia eet pazl s, subject to the same conditions listed above in bo kstores, with the substitution of the phrase "adult ' or the phrase "adult bookstare" wherever it appears. The arlor is considered to be one (1) use. No two (2) adult building but must be spaced two thousand six hundred apart. (12) Adu1t health/s rts clubs, subject to the same conditions listed above in subsection (9 for adult bookstores, with the substitution of the phrase "adult health/spo s club" for the phrase "adult bookstore" wherever it appeazs. The adult healtt�/s rts club is considered to be one (1) use. No two (2) adult uses can be in the s e building but must be spaced two thousand six hundred forty (2,640) radi feet apart. (13) ,�Sdult massage parlors, subject to the same conditions listed above in subsection �(9) for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be snaced two thousand six hundred fortv (2.6401 radial feet aoart. ( I.\USERS�BYRNE�B051ROMlpawn-ord.] February10,I99 (14) Adult mini-motion picture theatres, subject to the same condirions listed above in subsection (9) for adult bookstores, with the substitufion of the phrase "adult mini-motion pichxre theatre" for the phrase "adult bookstore" wherever it appears. The adult muu-motion picture theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. (15) Adult motion picture theatres, subject to the same conditions listed ab e in subsection (9) far adult bookstores, with the substitufion of the phr "adult motion picture theatre" for the phrase "adult bookstore" wherever � appeazs. The adult motion picture theatre is considered to be one (1) use. No o(2) adult uses can be in the same building but must be spaced two thousand x hundred forry (2,640) radial feet apart. (16) Adult steam room/bathhouse facilities, subject to the s e conditions listed above in subsection (9) far adult bookstores, with the subsf tion of the phrase "adult steam room/bathhouse facility" for the phrase "ad t bookstore" wherever it appears. The adult steam room/bathhouse facili is considered to be one (1) use. No two (2) adult uses can be in the same buii 'ng but must be spaced two thousand six hundred forty (2,640) radial fe t apart. (17) Other adult uses, subject to the same c ditions listed above in subsection (9) for adult books[ores, with the substitutio of the phrase 'bther adult use" for the phrase "adult bookstore" wherever ' appears. The other adult use is considered to be one (1) use. No two (2) adult es can be in the sazne building but must be spaced two thousand six hundre forty (2,640) radial feet apart. (18) Auto repair, subject to the a. The minimum conditions: shall be fifteen thousand (15,000) square feet. qq.1��- b. A ten-foot lan caped buffer with screen planting and an obscuring fence shall be requ' ed along any property line adjoining an existing residence ar adjoining 1 d zoned residential. c. All � work shall be done within an enclosed building. shall be no outside storage. (19) Private istop for emergency medical services which are accessory to a hospital, subjec o the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- F' Residential District in section 6o.453, Principal Uses Permitted Subject to Sn cial Condition. (20) /Ceilulaz telephone antennas located on a freestanding po1e, as regulated in the OS- 1 District, section 60.514(6)a. through g. (21) Accessory buildings, shuctures and uses as defined in section 60.201. '� I:\USERS�BYRNEVBOSTAOAR�pawn-ord.l Febmary 10, 1999�Q�w� Section 3 Sectio_n 60.552 of the Saint Paul Legislative Code is hereby amended to read as follows Sec. 60.552. Principal uses permitted. In a B-4 Centrai Business District the use of 1and, the location and erection of new buildings or shuchues, and the alteration, enlargement and moving of exisfing build� s or structures from other locations or dishicts shall conform to the foliowing use grou�unless otherwise provided in this code: (1) Transient residential uses: Hotels, motels and clubs used prim�rily for transient occupancy. / (2) Aparhnent residential uses. To include: a. b. c. d. a19-1�� Foster homes and freestanding foster hom�s located in multiple-family structures; �f Human service-licensed communi residential facilities located at least six hundred (600) radial feet fro another similaz facility and located in a multiple-family structure; Transitaonal housing and family structures; and ` Hospices located for battered persons located in multiple- structures. (3) Retail business uses: A ail business serving the convenience and comparison shopping needs of the ity and the region beyond. (4) Service business u s: Services business providing direct conswner services. (5) Office uses: Bu ness, professional and governmental offices accommodating a variery of fun ions such as finance, corparate headquarters, service enterprises and other si ilar office development. (6) Public �7) (9) y uses: Public utiliry offices; telephone exchange buildings; elech-ic stations and substations; gas regulator stations; all without storage parking facilities; pazking ramps, decks, or garages, with fully enclosed automobile service stations. Amusement and entertainment uses: Commercial recreation, theaters, eating or drinking places including entertainment and other such uses offering entertainment to the users of the Central Business District. Restricted wholesaling uses: Wholesaling with storage restricted to samples. 8 I.\USERS�BYRNE�BOSTROM�pawri-ord 1 February 10, 7999 ���I� ��l (10) Governmental uses: Those uses which require central Iocation to service the needs of the region using the Central Business District. !Jq �'�} 't (11) Public and quasipublic uses: Churches, schools, libraries, hospitais, parks, museums, fraternal orgauizations, clubs, family day care, group family day care, group day caze and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaperpublishing. (13) Other uses which the plauning commission shall find to be: � Q c. Related and reasonably necessary or convenient for the efficient operation of a central business district. Similar in chazacter to one or more of the use groups � above. Of such character that the vehicular traffic gener d by such use is similaz to one or more of the above-permitted uses. d. Do not create nuisance as defined in this de. {14) Colleges, universities, seminazies and other ch insfitutions of higher learning, public and private, offering courses in ge ral, technical or religious education and not operated for profit. (15) Outdoor restaurants when markets. (16) Cellular telephone antennas regulated 'an the OS-1 Busi may extend up to forty O which they are attache a principal use and outdoar farmers' I�lcated on an existing structure as permitted and �ss District, section 60.512(8), except that antennas feet above the structural height of the structure to (� I:\IISERS�BYRNE�BOSTAOM�pawn-ord 1 Febmary 1Q 199Y� �'�/�� _` 1 2 3 4 5 6 7 8 9 10 11 12 13 (l7) Currency exchange business, as permitted and as regulated in the B-2 Business District under principal uses permitted, secrion 60.532. 18 Pawn shops when the business is conducted within completelv enciosed buildines. (-1-�14) Accessory buildings, shuctures and uses as in section 60.201. Section 4 �q-i�z This ordinance shali take effect and be in force on the thirtieth day following its passage, approval and publication. QRIGINA� Adopted by Council: By: Approved by Mayor: By: Date By: I:WSER5IBYRNEIBOSTROlMpawri-ord.i Febmary 10, 1999 Adoption Certified by Council Secretary Approved by Mayor for Submission to Council S 'v..b S� .'� ..� e� '" ��qr� 3��� Committee Date : Green Sheet # � 2'3 � y --� ORDINANCE CTTY OF SAINT PAUL, MINNESQTA Presented By Referred To 3� 2 3 An ordinance to amend the Zoning Code relating to the location of pawnshops. Council File # � `� - � Co � Ordinance # ar!at reuen , � � ... 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 6 7 Section 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'1 28 29 30 31 32 33 34 35 Section 6Q534 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted subject to special conditions. The foilowing additional uses shall be permitted, subject to the standards specified for a11 special condition uses as set forth in secfion 64.300(c). All principal uses permitted subject to special conditions sha11 be reviewed and approved by the planning commission. (1) (Z) Ali uses as permitted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. Open air uses which are accessory to a principal use permitted in the district and located on a zoning lot at least twenty thousand (20,000) square feet in area as follows: a. Retaii sales of plants not grown on the site,lawn furniture, playground equipment, and gazden supplies; provided, further, that such use shall be located at the end or rear of the building. (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one ` hundred (100) feet from any front, reaz or side yard of any residential lot in an adjacent residentiai district measured from the closest point of the building in which the use is located to the closest residential pxoperiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subject /}�, I:\USERS�B17iNE�BOS7ROIJnpawn-ord2 March2.1999 3�Z"� � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 to the foliowing conditions: 49-1�� a. The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specificarions sha11 be developed by the city planning coordinator, traffic engineer and city fire mazshal, and sha11 be approved by the piauning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjonung vacant land zoned for residential use. c. The minimum lot area shali be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating faciliries) and auto convenience markets may be permitted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. (5) Licensed conectional community residential facilities, health deparpnent-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Mulrifamily Residential District in section 60.443. (6) Pawn shops when the business is conducted within completely enclosed buildings and is separated from residentiallv zoned propertv either by a roublic street or b� distance of one hundred fifty_(150) feet measured from the building wall of the nawn shop to the neazest lot line of the residentially zone�ronert,y:_provided. however, that a modification maX be rg anted �ursuant to section 64.300 from the fore�oinQ requirement u�on the following conditions: � There is no existin�pawnshop within 5,28� feet of the �roposed location. measured from the nearest building wa11 of the existin�pawnshop to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the groposed use. b. Customer entrances shall not be oriented towazd resldentiall, zy oned properiy. Customer parking shall not be closer to residentially zoned pro�ert�than the primar�entrance. c. The location of a pawnsho.p at this locafion wiil not be contrary to any adopted district plan or other Cit�proeram for nei .ghborhood conservation or im�rovement. either residential or nonresidential. d. The proroosed use meets all other requiremenYs for special cottdition use nermits �rovided in section 64300. 2 I�\USERS�BYRNE�BOS7ROM�paw�-ord2 Maroh2, 1999 2.0 `� 7 (7) Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 2 Auto service stations, auto convenience markets, and auto specialry stores as regulated in the B-2 District. Sec. 60.544. Principal uses permitted subject to special condifions. 10 The following additional uses shall be permitted, subject to the conditions hereinafter 11 unpased for each use and subject to the standards specified for a11 special condition uses as set 12 forth in section 64300(c). Ali principal uses pemutted subject to speciai conditions shall be 13 reviewed and approved by the planning commission. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 60.544 of the Saint Paul Legislative Code is hereby amended to read as follows: (1) �2) Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats, a11 sub}ect to the following: 99-��? a. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the uea. � c. Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets. No repair or refinishing sha11 be done on the lot unless conducted within a completely enclosed building. d. The minimum lot area sha11 be fifteen thousand (15,�Q0) squaze feet. A site plan sha11 be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. e. In the case of pawnbrokers. the businesses shall be senarated from residentiallv zoned property by a public street or bv a distance of one hundred fifty�150� feet measured from propertv line to propertv line;provided, however. that a modification mav be r� anted pursuant to section 64300 from the foregoine requirement upon the following conditions: l. There is no exisring,�awnsho�within 5 280 feet of the pro�osed location measured from the nearest building wall of the existing pawnshop to the nearest buildinp wall of the pronosed use, or if there is no building. to the nearest lot line of the �roposed use. 2. Customer entrances shall not be oriented toward residentiallv zoned �or roerty. Customer.parking shall not be closer to residentiall�zoned �roDertv than the primary entrance. 3 I:\USEKS�BYRNEIBOSTROM�pawn-ord2 Mazch 2, I999��� 1 3. The location of a pawnshop at this location will not be contrarYto ati. �(,'�. 2 anv adopted district pIan or other Citv program for neighborhood 3 conservation or improvement. either residential ar nonresidential. 4 5 4. The �roposed use meets all other r�uirements for special 6 condition use pernuts provided in section 64300., 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 40 41 42 43 44 45 46 47 48 49 (3) Pawn shops when the business is conducted within completely enclosed buildings and is sepazated from residenrially zoned propertv either by a public street or bv a distance of one hundred fifiy (1501 feet measured from the buildine wali of the pawn shoro to the nearest lot line of the residenrially zoned propert�provided. however. that a modification may be granted pursuant to section 64300 from the foregoine requirement upon the following conditions: a. There is no existing pawnsho� within 5 280 feet of the pro�osed locavon. �neasured from the neazest building wall of the existin� tiawnsho� to the neazest buildin� wall of the �2ronosed use, or if there is no building, to the nearest lot line of the pronosed use. b. Customer entrances shali not be oriented toward residentiall zoned �roroert� Customer pazking shall not be closer to residentially zoned property than the primarv entrance. c. The location of a pawnshop at tlus location will not be contrar tV o any adopted district plan ar other City program for nei�hborhood conservation ar improvement. either residential or nonresidential. d. The�r000sed use meets a11 other requirements fox special condition use nermits provided in section 64300. (4) Restaurants, fast-food, subject to the following conditions: a. Points of vehiculaz ingress and egress shall not be onto a street which is used primarily for access to abutting residential property. b. Points of vehicular ingress and egress shall be located at least sixty (60) feet from the intersection of any two (2) streets and at least sixty (60) feet from any abutting residentially zoned properiy. c. � When the site abuts an a11ey which also serves residentially zoned Iand, no access from the site to the alley shall be permitted. Site shall have a minimum of one hundred (100} feet of street frontage on its principal access street. e. Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. t} tIUSER5�61RN616�S1ROM\pawn-ocd.2 Mazch2, t999 "')"' �� f. A litter collection plan shall be developed and submitted to the planning �q_) � commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. g. Speaker box sounds from drive-through lanes shali not be piainly audible so as to unreasonably disturb the peace, quiet and comfort of abutting residential property. h. A landscaped area not less than fi8een (15) percent of the unpervious surface azea of the lot shall be provided and maintained. i. Impact on adjouung properiy by use of the site may not result in the following: 1. Loud, boisterous and disturbing noise levels. 2. Hazardous tra�c conditions. 3. Offensive, obnoxious and disturbing odars. 4. Excessive litter. 5. Excessive artificiallighting. 6. Substantial decrease in adjoining properiy values. (5) Crreenhouses for the retail sale of plants grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: a. The storage or display of any materials or products shall meet all setback requirements of a structure. b. All loading and parking shall be provided off-street. c. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses. (6) Other outdoor uses when found not to conflict with the operation of the B-3 District as to off-street pazking, off-street loading and the system of pedestrian flow. The planning commission, in determining that the use is hannonious with adjacent uses, sha11 require the submission of a site p1an including a floor plan and ali uses within three hundred (300) feet of the boundary of said site superimposed on said site plan. (7) Auio laundries (car wash) which can be completely enclosed when not in operation subject to the following condirions: 5 1:\USERS�BYRNE�B051ROM\paum-ord2 Mazch 2, 199� �� 1 a. Any access drive shall be located at least thirty (30) feet from any pubiic aq �� `� 2 street intersection, measured from the interior curbline commencing at the 3 b. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �8 �9 intersecrion of the street. Any auto wash line e�t shall be at least thirty (30) feet distant from any streetline. (8) Licensed correctional couununiry residential faciliries, health deparhnent-licensed couuuunity residential facilitis and emergency housing as permitted and regulated in B-2 Business Districts under principal uses permitted subject to special condirions. (9) Adult bookstores, subject to the following conditions: The adult bookstore shall be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the closest points of the properiy lines of the buildings in which the adult uses are located. � b. The adult bookstore shall be located at least eight hundred ($00) radial feet from any residentialiy zoned property in any municipality, measured in a straight line from the closest point of the property line of the buiiding in which the adult bookstore is located to the closest residentially zoned property line. c. The adult bookstore shall be located at least four hundred (400) radial feet from any "protected use," defined as: A buiiding in which a majority of floor space is used for residential purposes; a day care center, where such day care center is a principal use; a house of worship; a pubiic library; a school (public, parochial or private elementary, junior high or high schooi); a public regional park or pazkway, public park, pubiic recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Pian; a fire station; a community residential facility; a mission or a hoteUmoteL The distance shall be measured in a straight line from the closest point of the properry line of the building in which the adult bookstore is located to the closest point of the properry line of the building in which is located an aforementioned protected use. C� Conditions b. and/or c. may be waived by the planning commission if the person applying far the waiver sha11 file with the planning administrator a consent petition which indicates approval of the proposed adult bookstore by ninety (90) percent of the property owners within eight hundred (800) radial feet of the lot on which the use would be located; the pianning commission, in considering such a waiver, shall make the foilowing fmdings: That the proposed use wi11 not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a°skidrow" azea; that the establishment oh ��} I.\USERS�SYRNE�BOSTROMIpawn-ord,2 Mazch 2, 1999 3 ��/"F l � an additional use of this type in the area will not be contrary to any �q ", program of neighborhood conservation or nnprovement, either residential — t `+ � or nonresidential; and that all applicable regulations of this section will be observed. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. All signs shall comply with Chapter 66 of the zoning code and with Chapters 274 and 275 ofthe Saint Paul Legislative Code. f. No person shali engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section sha11 be construed as authorizing or pernutting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the e�ibiUon, sale or distribution of obscene material generally or the e�ibition, sale or distribution of specified materials to minars. No obscene wark shali be ailowed. g. The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses aze added to the building containing the adult bookstore. h. i. The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. The adult bookstore shall not be located within a building also used for residential purposes. (10) Adult cabazets, subject to the same conditions listed above in subsection (9) fox adult bookstores, with the substitution of the phrase "adult cabazet" for the phrase "adult bookstore" wherever it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radiai feet apart. (11) Adult conversationlrap parlors, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult conversationlrap parlor° for the phrase "adult bookstore" wherever it appeazs. The adult conversationfrap parlor is considered to be one (1) use, No two (2) aduit uses can be in the same building but must be spaced two thousand six hundred forry (2,640) radial feet apart. (12) Adult healthtsports clubs, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult healthlsports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. I:\USERS�SYRNE�BOSTROM�pawn-ord2 March2.199�2�� (13) Adult massage parlors, subject to the same conditions listed above in subsection n9 _�`� (9) for adult bookstores, with the substitution of the phrase "adult massage parlor" � for the plu�ase "adult bookstore" wherever it appeazs. The adult healthfsports club is considered to be one (1} use. No two (2) adult uses can be in the same buiiding but must be spaced two thousand six hundred forty (2,640) radial £eet apart. 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (14) Adult mini-motion picture theatres, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult mini-motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult mini-motion picture theatre is considered to be one (1} use. No two (2} adult uses can be in the same building but must be spaced two thousand six hundred £orty (2,640) radial feet apart. (15) Adult mofion picture theatres, subject to the same conditions listed above in subsection (9) for aduit bookstores, with the substitution of the phrase "adult motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult motion pichue theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced iwo thousand six hundred forty (2,640) radial feet apart. (16) Adulf steam roomlbathhouse facilities, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult steam roomlbathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam roomlbathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart, (17) Other adult uses, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substiturion of the phrase "other adult use" far the phrase "aduit bookstore" wherever it appeazs. The other adult use is considered to be one (1) use. No two (2) adult uses can be in the saxne buiiding but must be spaced two thousand six hundred foriy (2,640) radial feet apart. (18) Auto xepair, subject to the following conditions: a. The minunum lot area shall be fifteen thousand (15,000} squaze feet. 38 b. A ten-foot landscaped buffer with screen planting and an obscuring fence 39 shall be required along any properiy line adjoining an existing residence or 40 adjoining land zoned residential. 41 42 43 44 45 46 47 48 49 c, All repair work shall be done within an enclosed building. d. There shall be no outside storage. (19) Private helistop for emergency medicai services which are accessory to a hospital, subject to the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- Family Residential District in section 60.453, Principal Uses Permitted Subject to Special Condition. I.\USERS�BIRNE�BOSTROAmpawn-ord2 Mamh 2, 1999 7�� (20) Cellular telephone antennas located on a freestanding pole, as regulated in the OS- F 1 District, section 60.514(6)a. through g. q�`f�" (21) Accessory buildings, shuctures and uses as defined in section 60.201. Section 3 Section 60.552 of the Saint Paui Legislative Code is hereby amended to read as foliows: Sec. 60.552. Principal uses permitted. In a B-4 Central Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structutes from other locations or districts shall conform to the following use groups, unless otherwise provided in this code: (1) Transient residential uses: Hotels, moteis and clubs used primarily for transient occupancy. (2) Apartment residential uses. To inciude: a. Foster homes and freestanding foster homes located in multiple-family structures; b. Auruan service-licensed community residential facilities located at least six hundred (600) radial feet from another similar facility and located in a multiple-family structure; c. Transitional housing and shelters for battered persons located in multiple- faniily structures; and d. Hospices located in multiple-family structures. (3) Retail business uses: Retail business serving the convenience and comparison shopping needs of the city and the region beyond. (4) Service business uses: 5ervices business providing direct consumer services. (5) Office uses: Business, professional and governmental of£ices accommodating a variety of functions such as finance, corporate headquarters, service enterprises and other similar office development. (6) Public utility uses: Public utility offices; telephone exchange buildings; electric transformer stations and substations; gas regulator stations; all without storage yazds. (7) Off-street pazking facilities; pazking ramps, decks, or garages, with fully enclosed accessory automobile service stations. (� I.\USERS�BYRNE�BOSTROM�pawn-ord2 March2, 199���� (8) Amusement and entertainment uses: Commercial recreation, theaters, eating or Q drinking places inciuding entertainment and other such uses offering — t9'�`�" etttertainraent to the users of the Central Business District. (9) Restricted wholesaling uses Wholesaling with storage restricted to samples. (10) Governmental uses: Those uses which require central location to sarvice the needs of the region using the Central Business District. (i l) Public and quasipublic uses: Churches, schoois, libraries, hospitals, pazks, museums, fratemal organizafions, clubs, family day care, a oup family day caze, group day care and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaper publishing. (13) Other uses which the planning commission shall find to be: a. Related and reasonably necessary or convenient for the satisfactory and efficient operation of a central business district. b. Similaz in character to one or more of the use groups indicated above. c. Of such character that the vehicular tr�c generated by such use is similar to one or mare of the above-permitted uses. d. Do not create nuisance as defined in this code. (14) Colleges, universities, seminaries and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit. (15) Outdoor restaurants when accessory to a principal use and outdoor farmers' markets. (16) Cellulaz telephone antennas located on an existing structure as permitted and regulated in tlie OS-1 Business Diatrict, section 60.512(8), except that antennas may extend up to forty (40) feet above the shuctural height of the structure to which they are attached. I Q I:\USERS�BYRNE�BOSIROM\pawn-ord 2 Mazch 2, t99��� 2 (1?) Currency exchange business, as pernutted and as regulated in the B-2 Business _`9 ���'} 3 District under principal uses pernutted, section 60.532. 4 5 1�8 Pawn sho�s when the business is conducted within completelv enciosed 6 buildines. 8 (�-&19) Accessory buildings, structures and uses as in section 60.201. 9 10 Section 4 11 12 This ordinance shall take effect and be in force on the thirtieth day following its passage, 13 approval and publication. Requested by Department of: By: Form Approved by City Attorney Adopted by CounciL Date 1\�„�1.. \O, �q� BY � • r � ' � — Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ay: cl- . By: Approved by Mayor: Date By: � � ��� �' � ���. V I'J SERS� OSIROM\pavm-ord2 March 2,1999 �\\ "� �1'"3'�+�a ��Or/'�..w • V A 1 Council J Bostrom OATEINRWTEO 2/10l99 GREEN SHEET o[rue�xrawecraa Pi TOTAL # OF SIGNATURE PAGES q9-t�� �0 62364 ancoura. ❑ on�nouE� ❑ asvusnk _ ❑rwxcw.awn+casax �w„x�u�aExnKCro ❑ wvae(aewsnwr/ ❑ (GUP ALL LOCATIONS FOR SIGNATURE) Change ordinance to reflect reco�endations of the Flanning Commission. PUINNING CAMMISSION CIB COMMIITEE CML SERVICE COMMISSION VI� this Pe�soMfi�m ever wakeE u�Mer a contraet for this department? YES NO Was ims pe�sonfirm a+er eeen a city empwyee9 YES NO Does thie 0�� P� a sldll not narmalbP� M'snv current cily empbyee? YES NO IathispersoMfirtnatarpetedvendoYt � YES NO iTAL AMOUNT OF TRANSAGTION HDIN6 SOURCE COSTIREVENUE BUDfiETED iCIRCLE ONt7 ACTIYIN NUM�ER YES NO W CN1. INFORMA'MN (EXP W NJ oRC��Nat ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To An ardinance to unend the Zoning relating to the location of pawnsk THE COUNCIL OF THE CITY OF SA1NT PAUL Section 1 Section 60.534 of the Saint Paul �'�� Council File # �g!%��. Ordinance # Green Sheet # ����y 3a Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted sftbject to special conditions. The following additional us shall be permitted, subject to the standazds specified for all special condition uses as set forth ' section 64.30Q(c). A11 pxincipal uses pernutted subject to special conditions shall be revie ed and approved by the planning commission. (1) �2) Ail uses as pe itted and regulated in the B-1 Loca1 Business District under principal us permitted subject to special conditions. Open air ses which are accessory to a principal use permitted in the district and located n a zoning loC at least twenty thousand (20,000) square feet in area as a. / Retail sales of plants not grown on the site, lawn fiunitare, playground I equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. (3) / Bowling a11ey, billiard ha11, indoar archery range, indoor tennis courts, racquet � ball and hand ball courts, dance ha11, electronic game room, indoar skating rink, t or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz ox side yazd of any residenfiallot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential properiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subjecf I.\USERS�BY.RNE�BOS7ROM�pawn-ord I Febmary 10, 1999" ".� 2`�� to the following conditions: qq-�c.� a. The construction and maintenance of all driveways, curbs, sidewaiks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traf£c engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring w 1 or fence shall be required along any properiy line adjoining an e�sf resident or adjoining vacant land zoned for residenfial use. c. The minimum lot area shall be fifteen thousand (15,0 ) squaze feet, and so arranged that ample space is available for motor etucles which are required to wait. Auto service stations which are ' tended solely for the sale of gasoline, oil and minor accessories an aving no facilities for incidental servicing of automobiles (includ' g lubricating facilities) and auto convenience markets may be permi ed on a lot of twelve thousand (12,000) square feet, subject to all oth provisions herein required. (5) Licensed correctional community reside ial facilities, health departrnent-licensed community residenfial facilities and e ergency housing facilities subject to conditions as set forth for RM-i M ifamily Residentiai District in section 60.443. (6) Pawn shops when the busines is conducted within compietely enclosed buildings (7) Accessory buildings tructures and uses customarily incident to the above pernutted uses. Section 2 Secrion 60.544 of Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.544. Principal ►�es permitted subject to special conditions. The followin additional uses sha11 be permitted, subject to the conditions hereinafter imposed for each e and subject to the standazds specified for all special condition uses as set forth in section .300(c). All principal uses permitted subject to special condirions shall be reviewed and proved by the planning commission. (1} Auto service stations, auto convenience mazkets, and auto specialty stores as reguiated in the B-2 District. (2) Outdoor sales space for the sale or rental of new, secondhand, or pawned I\USERS�BYRNE�SOSTRONnpawn-ord 1 February 14, 199���� 2 �V automobiles, hucks, motorcycles, trailers, or boats, all subject to the following: Q`a' �( a. The lot or area shail be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area. b. Vehiculaz access to the outdoor sales azea shall be at least siYty (60) feet from the intersection of any two (2) streets. a No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. � d. The minimum lot area shall be fifteen thousand (15,0 0) square feet. A site plan shall be submitted showing the layout of t e vehicles for sale or rent, employee pazking, and customer pazking. e. (3) Pawn shops when the business is condu ed within completely enclosed buildings and is se arated from residentiall zo d ro ert either b a ublic street or b a distance of one hundred fi 150 et measured from the buildin wall of the awn sho to the neazest lot line the residentiall zoned ro ert . (4) Restaurants, fast-food, subje to the following conditions: a. Points of vehicul ingress and egress shall not be onta a street which is used pramarily r access to abutting residential property. b. Points of ve cular ingress and egress shall be located at least sixty (60) feet from e intersection of any two (2) streets and at least sixty (60) feet from any butting residentially zoned property. c. Wherythe site abuts an alley which also serves residentially zoned land, no acce�s from the site to the alley sha11 be pernutted. d. te sha11 have a minunum of one hundred (100) feet of street frontage on its principal access street. � Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. f. A litter coilection plan sha11 be developed and submitted to the plaruung commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. '3 I:\OSERS\SYRNEBOSTROM\pawu-ord.l Febmary ]0, 1995] `� '1�'� g. Speaker box sounds from drive-through Ianes shall not be plainly audible !�q- ��.�- so as to unreasonably disturb the peace, quiet and comfort of abutting residential properiy. h. i. A landscaped azea not less than fifteen (15) percent of the impervious surface azea of the lot shall be provided and maintained. Impact on adjoining property by use of the site may not result in the following: 1. 2. 3. 4. 5. 6. Loud, boisterous and disturbing noise levels. Hazardous tr�c conditions. Offensive, obnoxious and dishubing odors. Excessive litter. Excessive artificial lighting. Substantial decrease in adjoining (5) Greenhouses for the retail sale of plants fumiture, playground equipment and ga conditions: � Q c. The storage or display of any requirements of a structure,F'` All loading and values. the site, and sales of lawn ies subject to the following or products shall meet all setback be provided off-street. The storage of any s6i1, fertilizer or other loose, unpackaged materials shall be contained,�so as to prevent any effects on adjacent uses. (6) Other outdoor uses District as to off-st� flow. The plannin�° adjacent uses, sh�ll all uses withim on said site �nan. (7) Auto b. wken found not to conflict with the operation of the B-3 eet parking, off-street loading and the system of pedestrian commission, in determining that the use is harmonious with require the submission of a site plan including a floor plan and � hundred (300) feet of the boundary of said site superimposed dries (car wash) wluch can be completely enclosed when not in subject to the following conditions: Any access drive shall be located at least thirty (30) feet from any public street intarsection, measured from the interior curbline commencing at the intersection ofthe street. Any auto wash line exit shal� be at least thirty (30) feet distant from any 4 I.\USERS�BIRNE�BOS7RONnpawn-ord.l Pebruary 10, 7999� 'Y street line. 99-1L�- 3 (8) Licensed correctional community residential facilities, health depariment-licensed 4 community residential faciliries and emergency housing as pernutted and 5 regulated in B-2 Business Districts under principal uses pernutted subject to 6 special conditions. (9) Adult bookstores, subject to the following conditions: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 44 a. The adult bookstore shail be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the ciosest points of the prope lines of the buildings in which the adult uses are located. b. The adult bookstore shall be located at least eight hundr (800) radial feet from any residentially zoned property in any munici ity, measured in a straight line from the closest point of the propert me of the building in which the adult bookstore is located to the clo st residentially zoned property line. a The adult bookstore shall be located t least four hundred (400) radial feet from any "protected use," define s: A building in which a majarity of floor space is used for residenf purposes; a day care center, where such day care center is a principa se; a house of worship; a public library; a school (public, pazochial private elementary, junior high or high school); a public regio 1 park or pazkway, public pazk, public recreation center or public spec' lized recreation facility as identified in the parks and recreation ele ent of the Saint Paul Comprehensive Plan; a fire station; a comm 'ty residential facility; a mission or a hotellmotel. The distance sha11 e measured in a straight line from the closest point of the property lin of the building in which the adult bookstare is located to the closest poi t of the property line of the building in which is located an aforeme ioned protected use. d. Cond' ions b. and/or c. may be waived by the planning commission if the pers n applying for the waiver shall file with the planning administrator a co sent pefition which indicates approval of the proposed aduit bookstore ninety (90) percent of the property owners within eight hundred (800) adial feet of the lot on which the use would be located; the planning commission, in considering such a waiver, shall make the following findings: That the proposed use will not be contrary to the public interest or injurious to nearby psoperties, and thaY the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a"skidrow° area; that the establishment oh an additional use of this type in the area will not be contrary to any program of neighborhood conservation ar improvement, either residential or nonresidential; and that all applicable regulations of this section will be observed. I:\USER516YRiVE�BOSTROM�pawri-ord I February I0, ]999���� �, e. All signs shall comply with Chapter 66 of the zoning code and with q9 `'(�}- Chapters 274 and 275 of the Saint Paul Legislative Code. £ No person shall engage in any activity or conduct or pemut any other person to engage in any activity or conduct in the adult bookstore which is pxQhibited by any ordinance of the City of Saint Pau1, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited oT regulated by other statutes or ordinances, including, but not 1'vnited to, statutes or ordinances prohibiting the e�ibifion, sale or distribution o obscene material generally or the e�ibition, sale or distribution of specified materials to minors. No obscene work shall be allowed g. The special condition use permit for the adult bookstore sha be reviewed annually to ensure that no change in use occurs and that additional adult uses aze added to the building containing the adu bookstore. h. The adult bookstore is considered to be one (1) u. No two (2) adult uses can be in the same building but must be space wo thousand six hundred forty (2,640) radial feet apart. i. The adult bookstore shall not be residential purposes. a building also used for (10) Adult cabarets, subject to the same con ' ions listed above iu subsection (9) for adult bookstores, with the substitutio f the phrase "adult cabaret" for the phrase "adult bookstore° wherever it appea . The adult cabaret is considered to be one (1) use. No two (2) adult nses can e in the same building but must be spaced two thousand six hundred forry (2,6 ) radial feet apart. (11) Adu1t convexsation/rap subsection (9) fax adult conversation/rap parlor' adult convetsationlrap uses can be in the s e forty (2,640) radia eet pazl s, subject to the same conditions listed above in bo kstores, with the substitution of the phrase "adult ' or the phrase "adult bookstare" wherever it appears. The arlor is considered to be one (1) use. No two (2) adult building but must be spaced two thousand six hundred apart. (12) Adu1t health/s rts clubs, subject to the same conditions listed above in subsection (9 for adult bookstores, with the substitution of the phrase "adult health/spo s club" for the phrase "adult bookstore" wherever it appeazs. The adult healtt�/s rts club is considered to be one (1) use. No two (2) adult uses can be in the s e building but must be spaced two thousand six hundred forty (2,640) radi feet apart. (13) ,�Sdult massage parlors, subject to the same conditions listed above in subsection �(9) for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be snaced two thousand six hundred fortv (2.6401 radial feet aoart. ( I.\USERS�BYRNE�B051ROMlpawn-ord.] February10,I99 (14) Adult mini-motion picture theatres, subject to the same condirions listed above in subsection (9) for adult bookstores, with the substitufion of the phrase "adult mini-motion pichxre theatre" for the phrase "adult bookstore" wherever it appears. The adult muu-motion picture theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. (15) Adult motion picture theatres, subject to the same conditions listed ab e in subsection (9) far adult bookstores, with the substitufion of the phr "adult motion picture theatre" for the phrase "adult bookstore" wherever � appeazs. The adult motion picture theatre is considered to be one (1) use. No o(2) adult uses can be in the same building but must be spaced two thousand x hundred forry (2,640) radial feet apart. (16) Adult steam room/bathhouse facilities, subject to the s e conditions listed above in subsection (9) far adult bookstores, with the subsf tion of the phrase "adult steam room/bathhouse facility" for the phrase "ad t bookstore" wherever it appears. The adult steam room/bathhouse facili is considered to be one (1) use. No two (2) adult uses can be in the same buii 'ng but must be spaced two thousand six hundred forty (2,640) radial fe t apart. (17) Other adult uses, subject to the same c ditions listed above in subsection (9) for adult books[ores, with the substitutio of the phrase 'bther adult use" for the phrase "adult bookstore" wherever ' appears. The other adult use is considered to be one (1) use. No two (2) adult es can be in the sazne building but must be spaced two thousand six hundre forty (2,640) radial feet apart. (18) Auto repair, subject to the a. The minimum conditions: shall be fifteen thousand (15,000) square feet. qq.1��- b. A ten-foot lan caped buffer with screen planting and an obscuring fence shall be requ' ed along any property line adjoining an existing residence ar adjoining 1 d zoned residential. c. All � work shall be done within an enclosed building. shall be no outside storage. (19) Private istop for emergency medical services which are accessory to a hospital, subjec o the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- F' Residential District in section 6o.453, Principal Uses Permitted Subject to Sn cial Condition. (20) /Ceilulaz telephone antennas located on a freestanding po1e, as regulated in the OS- 1 District, section 60.514(6)a. through g. (21) Accessory buildings, shuctures and uses as defined in section 60.201. '� I:\USERS�BYRNEVBOSTAOAR�pawn-ord.l Febmary 10, 1999�Q�w� Section 3 Sectio_n 60.552 of the Saint Paul Legislative Code is hereby amended to read as follows Sec. 60.552. Principal uses permitted. In a B-4 Centrai Business District the use of 1and, the location and erection of new buildings or shuchues, and the alteration, enlargement and moving of exisfing build� s or structures from other locations or dishicts shall conform to the foliowing use grou�unless otherwise provided in this code: (1) Transient residential uses: Hotels, motels and clubs used prim�rily for transient occupancy. / (2) Aparhnent residential uses. To include: a. b. c. d. a19-1�� Foster homes and freestanding foster hom�s located in multiple-family structures; �f Human service-licensed communi residential facilities located at least six hundred (600) radial feet fro another similaz facility and located in a multiple-family structure; Transitaonal housing and family structures; and ` Hospices located for battered persons located in multiple- structures. (3) Retail business uses: A ail business serving the convenience and comparison shopping needs of the ity and the region beyond. (4) Service business u s: Services business providing direct conswner services. (5) Office uses: Bu ness, professional and governmental offices accommodating a variery of fun ions such as finance, corparate headquarters, service enterprises and other si ilar office development. (6) Public �7) (9) y uses: Public utiliry offices; telephone exchange buildings; elech-ic stations and substations; gas regulator stations; all without storage parking facilities; pazking ramps, decks, or garages, with fully enclosed automobile service stations. Amusement and entertainment uses: Commercial recreation, theaters, eating or drinking places including entertainment and other such uses offering entertainment to the users of the Central Business District. Restricted wholesaling uses: Wholesaling with storage restricted to samples. 8 I.\USERS�BYRNE�BOSTROM�pawri-ord 1 February 10, 7999 ���I� ��l (10) Governmental uses: Those uses which require central Iocation to service the needs of the region using the Central Business District. !Jq �'�} 't (11) Public and quasipublic uses: Churches, schools, libraries, hospitais, parks, museums, fraternal orgauizations, clubs, family day care, group family day care, group day caze and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaperpublishing. (13) Other uses which the plauning commission shall find to be: � Q c. Related and reasonably necessary or convenient for the efficient operation of a central business district. Similar in chazacter to one or more of the use groups � above. Of such character that the vehicular traffic gener d by such use is similaz to one or more of the above-permitted uses. d. Do not create nuisance as defined in this de. {14) Colleges, universities, seminazies and other ch insfitutions of higher learning, public and private, offering courses in ge ral, technical or religious education and not operated for profit. (15) Outdoor restaurants when markets. (16) Cellular telephone antennas regulated 'an the OS-1 Busi may extend up to forty O which they are attache a principal use and outdoar farmers' I�lcated on an existing structure as permitted and �ss District, section 60.512(8), except that antennas feet above the structural height of the structure to (� I:\IISERS�BYRNE�BOSTAOM�pawn-ord 1 Febmary 1Q 199Y� �'�/�� _` 1 2 3 4 5 6 7 8 9 10 11 12 13 (l7) Currency exchange business, as permitted and as regulated in the B-2 Business District under principal uses permitted, secrion 60.532. 18 Pawn shops when the business is conducted within completelv enciosed buildines. (-1-�14) Accessory buildings, shuctures and uses as in section 60.201. Section 4 �q-i�z This ordinance shali take effect and be in force on the thirtieth day following its passage, approval and publication. QRIGINA� Adopted by Council: By: Approved by Mayor: By: Date By: I:WSER5IBYRNEIBOSTROlMpawri-ord.i Febmary 10, 1999 Adoption Certified by Council Secretary Approved by Mayor for Submission to Council S 'v..b S� .'� ..� e� '" ��qr� 3��� Committee Date : Green Sheet # � 2'3 � y --� ORDINANCE CTTY OF SAINT PAUL, MINNESQTA Presented By Referred To 3� 2 3 An ordinance to amend the Zoning Code relating to the location of pawnshops. Council File # � `� - � Co � Ordinance # ar!at reuen , � � ... 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 6 7 Section 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'1 28 29 30 31 32 33 34 35 Section 6Q534 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted subject to special conditions. The foilowing additional uses shall be permitted, subject to the standards specified for a11 special condition uses as set forth in secfion 64.300(c). All principal uses permitted subject to special conditions sha11 be reviewed and approved by the planning commission. (1) (Z) Ali uses as permitted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. Open air uses which are accessory to a principal use permitted in the district and located on a zoning lot at least twenty thousand (20,000) square feet in area as follows: a. Retaii sales of plants not grown on the site,lawn furniture, playground equipment, and gazden supplies; provided, further, that such use shall be located at the end or rear of the building. (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one ` hundred (100) feet from any front, reaz or side yard of any residential lot in an adjacent residentiai district measured from the closest point of the building in which the use is located to the closest residential pxoperiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subject /}�, I:\USERS�B17iNE�BOS7ROIJnpawn-ord2 March2.1999 3�Z"� � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 to the foliowing conditions: 49-1�� a. The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specificarions sha11 be developed by the city planning coordinator, traffic engineer and city fire mazshal, and sha11 be approved by the piauning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjonung vacant land zoned for residential use. c. The minimum lot area shali be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating faciliries) and auto convenience markets may be permitted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. (5) Licensed conectional community residential facilities, health deparpnent-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Mulrifamily Residential District in section 60.443. (6) Pawn shops when the business is conducted within completely enclosed buildings and is separated from residentiallv zoned propertv either by a roublic street or b� distance of one hundred fifty_(150) feet measured from the building wall of the nawn shop to the neazest lot line of the residentially zone�ronert,y:_provided. however, that a modification maX be rg anted �ursuant to section 64.300 from the fore�oinQ requirement u�on the following conditions: � There is no existin�pawnshop within 5,28� feet of the �roposed location. measured from the nearest building wa11 of the existin�pawnshop to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the groposed use. b. Customer entrances shall not be oriented towazd resldentiall, zy oned properiy. Customer parking shall not be closer to residentially zoned pro�ert�than the primar�entrance. c. The location of a pawnsho.p at this locafion wiil not be contrary to any adopted district plan or other Cit�proeram for nei .ghborhood conservation or im�rovement. either residential or nonresidential. d. The proroosed use meets all other requiremenYs for special cottdition use nermits �rovided in section 64300. 2 I�\USERS�BYRNE�BOS7ROM�paw�-ord2 Maroh2, 1999 2.0 `� 7 (7) Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 2 Auto service stations, auto convenience markets, and auto specialry stores as regulated in the B-2 District. Sec. 60.544. Principal uses permitted subject to special condifions. 10 The following additional uses shall be permitted, subject to the conditions hereinafter 11 unpased for each use and subject to the standards specified for a11 special condition uses as set 12 forth in section 64300(c). Ali principal uses pemutted subject to speciai conditions shall be 13 reviewed and approved by the planning commission. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 60.544 of the Saint Paul Legislative Code is hereby amended to read as follows: (1) �2) Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats, a11 sub}ect to the following: 99-��? a. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the uea. � c. Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets. No repair or refinishing sha11 be done on the lot unless conducted within a completely enclosed building. d. The minimum lot area sha11 be fifteen thousand (15,�Q0) squaze feet. A site plan sha11 be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. e. In the case of pawnbrokers. the businesses shall be senarated from residentiallv zoned property by a public street or bv a distance of one hundred fifty�150� feet measured from propertv line to propertv line;provided, however. that a modification mav be r� anted pursuant to section 64300 from the foregoine requirement upon the following conditions: l. There is no exisring,�awnsho�within 5 280 feet of the pro�osed location measured from the nearest building wall of the existing pawnshop to the nearest buildinp wall of the pronosed use, or if there is no building. to the nearest lot line of the �roposed use. 2. Customer entrances shall not be oriented toward residentiallv zoned �or roerty. Customer.parking shall not be closer to residentiall�zoned �roDertv than the primary entrance. 3 I:\USEKS�BYRNEIBOSTROM�pawn-ord2 Mazch 2, I999��� 1 3. The location of a pawnshop at this location will not be contrarYto ati. �(,'�. 2 anv adopted district pIan or other Citv program for neighborhood 3 conservation or improvement. either residential ar nonresidential. 4 5 4. The �roposed use meets all other r�uirements for special 6 condition use pernuts provided in section 64300., 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 40 41 42 43 44 45 46 47 48 49 (3) Pawn shops when the business is conducted within completely enclosed buildings and is sepazated from residenrially zoned propertv either by a public street or bv a distance of one hundred fifiy (1501 feet measured from the buildine wali of the pawn shoro to the nearest lot line of the residenrially zoned propert�provided. however. that a modification may be granted pursuant to section 64300 from the foregoine requirement upon the following conditions: a. There is no existing pawnsho� within 5 280 feet of the pro�osed locavon. �neasured from the neazest building wall of the existin� tiawnsho� to the neazest buildin� wall of the �2ronosed use, or if there is no building, to the nearest lot line of the pronosed use. b. Customer entrances shali not be oriented toward residentiall zoned �roroert� Customer pazking shall not be closer to residentially zoned property than the primarv entrance. c. The location of a pawnshop at tlus location will not be contrar tV o any adopted district plan ar other City program for nei�hborhood conservation ar improvement. either residential or nonresidential. d. The�r000sed use meets a11 other requirements fox special condition use nermits provided in section 64300. (4) Restaurants, fast-food, subject to the following conditions: a. Points of vehiculaz ingress and egress shall not be onto a street which is used primarily for access to abutting residential property. b. Points of vehicular ingress and egress shall be located at least sixty (60) feet from the intersection of any two (2) streets and at least sixty (60) feet from any abutting residentially zoned properiy. c. � When the site abuts an a11ey which also serves residentially zoned Iand, no access from the site to the alley shall be permitted. Site shall have a minimum of one hundred (100} feet of street frontage on its principal access street. e. Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. t} tIUSER5�61RN616�S1ROM\pawn-ocd.2 Mazch2, t999 "')"' �� f. A litter collection plan shall be developed and submitted to the planning �q_) � commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. g. Speaker box sounds from drive-through lanes shali not be piainly audible so as to unreasonably disturb the peace, quiet and comfort of abutting residential property. h. A landscaped area not less than fi8een (15) percent of the unpervious surface azea of the lot shall be provided and maintained. i. Impact on adjouung properiy by use of the site may not result in the following: 1. Loud, boisterous and disturbing noise levels. 2. Hazardous tra�c conditions. 3. Offensive, obnoxious and disturbing odars. 4. Excessive litter. 5. Excessive artificiallighting. 6. Substantial decrease in adjoining properiy values. (5) Crreenhouses for the retail sale of plants grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: a. The storage or display of any materials or products shall meet all setback requirements of a structure. b. All loading and parking shall be provided off-street. c. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses. (6) Other outdoor uses when found not to conflict with the operation of the B-3 District as to off-street pazking, off-street loading and the system of pedestrian flow. The planning commission, in determining that the use is hannonious with adjacent uses, sha11 require the submission of a site p1an including a floor plan and ali uses within three hundred (300) feet of the boundary of said site superimposed on said site plan. (7) Auio laundries (car wash) which can be completely enclosed when not in operation subject to the following condirions: 5 1:\USERS�BYRNE�B051ROM\paum-ord2 Mazch 2, 199� �� 1 a. Any access drive shall be located at least thirty (30) feet from any pubiic aq �� `� 2 street intersection, measured from the interior curbline commencing at the 3 b. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �8 �9 intersecrion of the street. Any auto wash line e�t shall be at least thirty (30) feet distant from any streetline. (8) Licensed correctional couununiry residential faciliries, health deparhnent-licensed couuuunity residential facilitis and emergency housing as permitted and regulated in B-2 Business Districts under principal uses permitted subject to special condirions. (9) Adult bookstores, subject to the following conditions: The adult bookstore shall be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the closest points of the properiy lines of the buildings in which the adult uses are located. � b. The adult bookstore shall be located at least eight hundred ($00) radial feet from any residentialiy zoned property in any municipality, measured in a straight line from the closest point of the property line of the buiiding in which the adult bookstore is located to the closest residentially zoned property line. c. The adult bookstore shall be located at least four hundred (400) radial feet from any "protected use," defined as: A buiiding in which a majority of floor space is used for residential purposes; a day care center, where such day care center is a principal use; a house of worship; a pubiic library; a school (public, parochial or private elementary, junior high or high schooi); a public regional park or pazkway, public park, pubiic recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Pian; a fire station; a community residential facility; a mission or a hoteUmoteL The distance shall be measured in a straight line from the closest point of the properry line of the building in which the adult bookstore is located to the closest point of the properry line of the building in which is located an aforementioned protected use. C� Conditions b. and/or c. may be waived by the planning commission if the person applying far the waiver sha11 file with the planning administrator a consent petition which indicates approval of the proposed adult bookstore by ninety (90) percent of the property owners within eight hundred (800) radial feet of the lot on which the use would be located; the pianning commission, in considering such a waiver, shall make the foilowing fmdings: That the proposed use wi11 not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a°skidrow" azea; that the establishment oh ��} I.\USERS�SYRNE�BOSTROMIpawn-ord,2 Mazch 2, 1999 3 ��/"F l � an additional use of this type in the area will not be contrary to any �q ", program of neighborhood conservation or nnprovement, either residential — t `+ � or nonresidential; and that all applicable regulations of this section will be observed. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. All signs shall comply with Chapter 66 of the zoning code and with Chapters 274 and 275 ofthe Saint Paul Legislative Code. f. No person shali engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section sha11 be construed as authorizing or pernutting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the e�ibiUon, sale or distribution of obscene material generally or the e�ibition, sale or distribution of specified materials to minars. No obscene wark shali be ailowed. g. The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses aze added to the building containing the adult bookstore. h. i. The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. The adult bookstore shall not be located within a building also used for residential purposes. (10) Adult cabazets, subject to the same conditions listed above in subsection (9) fox adult bookstores, with the substitution of the phrase "adult cabazet" for the phrase "adult bookstore" wherever it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radiai feet apart. (11) Adult conversationlrap parlors, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult conversationlrap parlor° for the phrase "adult bookstore" wherever it appeazs. The adult conversationfrap parlor is considered to be one (1) use, No two (2) aduit uses can be in the same building but must be spaced two thousand six hundred forry (2,640) radial feet apart. (12) Adult healthtsports clubs, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult healthlsports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. I:\USERS�SYRNE�BOSTROM�pawn-ord2 March2.199�2�� (13) Adult massage parlors, subject to the same conditions listed above in subsection n9 _�`� (9) for adult bookstores, with the substitution of the phrase "adult massage parlor" � for the plu�ase "adult bookstore" wherever it appeazs. The adult healthfsports club is considered to be one (1} use. No two (2) adult uses can be in the same buiiding but must be spaced two thousand six hundred forty (2,640) radial £eet apart. 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (14) Adult mini-motion picture theatres, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult mini-motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult mini-motion picture theatre is considered to be one (1} use. No two (2} adult uses can be in the same building but must be spaced two thousand six hundred £orty (2,640) radial feet apart. (15) Adult mofion picture theatres, subject to the same conditions listed above in subsection (9) for aduit bookstores, with the substitution of the phrase "adult motion picture theatre" for the phrase "adult bookstore" wherever it appears. The adult motion pichue theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced iwo thousand six hundred forty (2,640) radial feet apart. (16) Adulf steam roomlbathhouse facilities, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substitution of the phrase "adult steam roomlbathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam roomlbathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart, (17) Other adult uses, subject to the same conditions listed above in subsection (9) for adult bookstores, with the substiturion of the phrase "other adult use" far the phrase "aduit bookstore" wherever it appeazs. The other adult use is considered to be one (1) use. No two (2) adult uses can be in the saxne buiiding but must be spaced two thousand six hundred foriy (2,640) radial feet apart. (18) Auto xepair, subject to the following conditions: a. The minunum lot area shall be fifteen thousand (15,000} squaze feet. 38 b. A ten-foot landscaped buffer with screen planting and an obscuring fence 39 shall be required along any properiy line adjoining an existing residence or 40 adjoining land zoned residential. 41 42 43 44 45 46 47 48 49 c, All repair work shall be done within an enclosed building. d. There shall be no outside storage. (19) Private helistop for emergency medicai services which are accessory to a hospital, subject to the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- Family Residential District in section 60.453, Principal Uses Permitted Subject to Special Condition. I.\USERS�BIRNE�BOSTROAmpawn-ord2 Mamh 2, 1999 7�� (20) Cellular telephone antennas located on a freestanding pole, as regulated in the OS- F 1 District, section 60.514(6)a. through g. q�`f�" (21) Accessory buildings, shuctures and uses as defined in section 60.201. Section 3 Section 60.552 of the Saint Paui Legislative Code is hereby amended to read as foliows: Sec. 60.552. Principal uses permitted. In a B-4 Central Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structutes from other locations or districts shall conform to the following use groups, unless otherwise provided in this code: (1) Transient residential uses: Hotels, moteis and clubs used primarily for transient occupancy. (2) Apartment residential uses. To inciude: a. Foster homes and freestanding foster homes located in multiple-family structures; b. Auruan service-licensed community residential facilities located at least six hundred (600) radial feet from another similar facility and located in a multiple-family structure; c. Transitional housing and shelters for battered persons located in multiple- faniily structures; and d. Hospices located in multiple-family structures. (3) Retail business uses: Retail business serving the convenience and comparison shopping needs of the city and the region beyond. (4) Service business uses: 5ervices business providing direct consumer services. (5) Office uses: Business, professional and governmental of£ices accommodating a variety of functions such as finance, corporate headquarters, service enterprises and other similar office development. (6) Public utility uses: Public utility offices; telephone exchange buildings; electric transformer stations and substations; gas regulator stations; all without storage yazds. (7) Off-street pazking facilities; pazking ramps, decks, or garages, with fully enclosed accessory automobile service stations. (� I.\USERS�BYRNE�BOSTROM�pawn-ord2 March2, 199���� (8) Amusement and entertainment uses: Commercial recreation, theaters, eating or Q drinking places inciuding entertainment and other such uses offering — t9'�`�" etttertainraent to the users of the Central Business District. (9) Restricted wholesaling uses Wholesaling with storage restricted to samples. (10) Governmental uses: Those uses which require central location to sarvice the needs of the region using the Central Business District. (i l) Public and quasipublic uses: Churches, schoois, libraries, hospitals, pazks, museums, fratemal organizafions, clubs, family day care, a oup family day caze, group day care and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaper publishing. (13) Other uses which the planning commission shall find to be: a. Related and reasonably necessary or convenient for the satisfactory and efficient operation of a central business district. b. Similaz in character to one or more of the use groups indicated above. c. Of such character that the vehicular tr�c generated by such use is similar to one or mare of the above-permitted uses. d. Do not create nuisance as defined in this code. (14) Colleges, universities, seminaries and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit. (15) Outdoor restaurants when accessory to a principal use and outdoor farmers' markets. (16) Cellulaz telephone antennas located on an existing structure as permitted and regulated in tlie OS-1 Business Diatrict, section 60.512(8), except that antennas may extend up to forty (40) feet above the shuctural height of the structure to which they are attached. I Q I:\USERS�BYRNE�BOSIROM\pawn-ord 2 Mazch 2, t99��� 2 (1?) Currency exchange business, as pernutted and as regulated in the B-2 Business _`9 ���'} 3 District under principal uses pernutted, section 60.532. 4 5 1�8 Pawn sho�s when the business is conducted within completelv enciosed 6 buildines. 8 (�-&19) Accessory buildings, structures and uses as in section 60.201. 9 10 Section 4 11 12 This ordinance shall take effect and be in force on the thirtieth day following its passage, 13 approval and publication. Requested by Department of: By: Form Approved by City Attorney Adopted by CounciL Date 1\�„�1.. \O, �q� BY � • r � ' � — Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ay: cl- . By: Approved by Mayor: Date By: � � ��� �' � ���. V I'J SERS� OSIROM\pavm-ord2 March 2,1999 �\\ "� �1'"3'�+�a ��Or/'�..w • V A 1 Council J Bostrom OATEINRWTEO 2/10l99 GREEN SHEET o[rue�xrawecraa Pi TOTAL # OF SIGNATURE PAGES q9-t�� �0 62364 ancoura. ❑ on�nouE� ❑ asvusnk _ ❑rwxcw.awn+casax �w„x�u�aExnKCro ❑ wvae(aewsnwr/ ❑ (GUP ALL LOCATIONS FOR SIGNATURE) Change ordinance to reflect reco�endations of the Flanning Commission. PUINNING CAMMISSION CIB COMMIITEE CML SERVICE COMMISSION VI� this Pe�soMfi�m ever wakeE u�Mer a contraet for this department? YES NO Was ims pe�sonfirm a+er eeen a city empwyee9 YES NO Does thie 0�� P� a sldll not narmalbP� M'snv current cily empbyee? YES NO IathispersoMfirtnatarpetedvendoYt � YES NO iTAL AMOUNT OF TRANSAGTION HDIN6 SOURCE COSTIREVENUE BUDfiETED iCIRCLE ONt7 ACTIYIN NUM�ER YES NO W CN1. INFORMA'MN (EXP W NJ oRC��Nat ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To An ardinance to unend the Zoning relating to the location of pawnsk THE COUNCIL OF THE CITY OF SA1NT PAUL Section 1 Section 60.534 of the Saint Paul �'�� Council File # �g!%��. Ordinance # Green Sheet # ����y 3a Code is hereby amended to read as follows: Sec. 60.534. Principal uses permitted sftbject to special conditions. The following additional us shall be permitted, subject to the standazds specified for all special condition uses as set forth ' section 64.30Q(c). A11 pxincipal uses pernutted subject to special conditions shall be revie ed and approved by the planning commission. (1) �2) Ail uses as pe itted and regulated in the B-1 Loca1 Business District under principal us permitted subject to special conditions. Open air ses which are accessory to a principal use permitted in the district and located n a zoning loC at least twenty thousand (20,000) square feet in area as a. / Retail sales of plants not grown on the site, lawn fiunitare, playground I equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. (3) / Bowling a11ey, billiard ha11, indoar archery range, indoor tennis courts, racquet � ball and hand ball courts, dance ha11, electronic game room, indoar skating rink, t or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz ox side yazd of any residenfiallot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential properiy line. (4) Auto convenience markets, auto service stations and auto specialty stores subjecf I.\USERS�BY.RNE�BOS7ROM�pawn-ord I Febmary 10, 1999" ".� 2`�� to the following conditions: qq-�c.� a. The construction and maintenance of all driveways, curbs, sidewaiks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traf£c engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring w 1 or fence shall be required along any properiy line adjoining an e�sf resident or adjoining vacant land zoned for residenfial use. c. The minimum lot area shall be fifteen thousand (15,0 ) squaze feet, and so arranged that ample space is available for motor etucles which are required to wait. Auto service stations which are ' tended solely for the sale of gasoline, oil and minor accessories an aving no facilities for incidental servicing of automobiles (includ' g lubricating facilities) and auto convenience markets may be permi ed on a lot of twelve thousand (12,000) square feet, subject to all oth provisions herein required. (5) Licensed correctional community reside ial facilities, health departrnent-licensed community residenfial facilities and e ergency housing facilities subject to conditions as set forth for RM-i M ifamily Residentiai District in section 60.443. (6) Pawn shops when the busines is conducted within compietely enclosed buildings (7) Accessory buildings tructures and uses customarily incident to the above pernutted uses. Section 2 Secrion 60.544 of Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.544. Principal ►�es permitted subject to special conditions. The followin additional uses sha11 be permitted, subject to the conditions hereinafter imposed for each e and subject to the standazds specified for all special condition uses as set forth in section .300(c). All principal uses permitted subject to special condirions shall be reviewed and proved by the planning commission. (1} Auto service stations, auto convenience mazkets, and auto specialty stores as reguiated in the B-2 District. (2) Outdoor sales space for the sale or rental of new, secondhand, or pawned I\USERS�BYRNE�SOSTRONnpawn-ord 1 February 14, 199���� 2 �V automobiles, hucks, motorcycles, trailers, or boats, all subject to the following: Q`a' �( a. The lot or area shail be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area. b. Vehiculaz access to the outdoor sales azea shall be at least siYty (60) feet from the intersection of any two (2) streets. a No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. � d. The minimum lot area shall be fifteen thousand (15,0 0) square feet. A site plan shall be submitted showing the layout of t e vehicles for sale or rent, employee pazking, and customer pazking. e. (3) Pawn shops when the business is condu ed within completely enclosed buildings and is se arated from residentiall zo d ro ert either b a ublic street or b a distance of one hundred fi 150 et measured from the buildin wall of the awn sho to the neazest lot line the residentiall zoned ro ert . (4) Restaurants, fast-food, subje to the following conditions: a. Points of vehicul ingress and egress shall not be onta a street which is used pramarily r access to abutting residential property. b. Points of ve cular ingress and egress shall be located at least sixty (60) feet from e intersection of any two (2) streets and at least sixty (60) feet from any butting residentially zoned property. c. Wherythe site abuts an alley which also serves residentially zoned land, no acce�s from the site to the alley sha11 be pernutted. d. te sha11 have a minunum of one hundred (100) feet of street frontage on its principal access street. � Trash receptacles shall be housed in a three-side masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. f. A litter coilection plan sha11 be developed and submitted to the plaruung commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. '3 I:\OSERS\SYRNEBOSTROM\pawu-ord.l Febmary ]0, 1995] `� '1�'� g. Speaker box sounds from drive-through Ianes shall not be plainly audible !�q- ��.�- so as to unreasonably disturb the peace, quiet and comfort of abutting residential properiy. h. i. A landscaped azea not less than fifteen (15) percent of the impervious surface azea of the lot shall be provided and maintained. Impact on adjoining property by use of the site may not result in the following: 1. 2. 3. 4. 5. 6. Loud, boisterous and disturbing noise levels. Hazardous tr�c conditions. Offensive, obnoxious and dishubing odors. Excessive litter. Excessive artificial lighting. Substantial decrease in adjoining (5) Greenhouses for the retail sale of plants fumiture, playground equipment and ga conditions: � Q c. The storage or display of any requirements of a structure,F'` All loading and values. the site, and sales of lawn ies subject to the following or products shall meet all setback be provided off-street. The storage of any s6i1, fertilizer or other loose, unpackaged materials shall be contained,�so as to prevent any effects on adjacent uses. (6) Other outdoor uses District as to off-st� flow. The plannin�° adjacent uses, sh�ll all uses withim on said site �nan. (7) Auto b. wken found not to conflict with the operation of the B-3 eet parking, off-street loading and the system of pedestrian commission, in determining that the use is harmonious with require the submission of a site plan including a floor plan and � hundred (300) feet of the boundary of said site superimposed dries (car wash) wluch can be completely enclosed when not in subject to the following conditions: Any access drive shall be located at least thirty (30) feet from any public street intarsection, measured from the interior curbline commencing at the intersection ofthe street. Any auto wash line exit shal� be at least thirty (30) feet distant from any 4 I.\USERS�BIRNE�BOS7RONnpawn-ord.l Pebruary 10, 7999� 'Y street line. 99-1L�- 3 (8) Licensed correctional community residential facilities, health depariment-licensed 4 community residential faciliries and emergency housing as pernutted and 5 regulated in B-2 Business Districts under principal uses pernutted subject to 6 special conditions. (9) Adult bookstores, subject to the following conditions: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 44 a. The adult bookstore shail be located at least two thousand six hundred forty (2,640) radial feet from any other adult use in any municipality, measured in a straight line from the ciosest points of the prope lines of the buildings in which the adult uses are located. b. The adult bookstore shall be located at least eight hundr (800) radial feet from any residentially zoned property in any munici ity, measured in a straight line from the closest point of the propert me of the building in which the adult bookstore is located to the clo st residentially zoned property line. a The adult bookstore shall be located t least four hundred (400) radial feet from any "protected use," define s: A building in which a majarity of floor space is used for residenf purposes; a day care center, where such day care center is a principa se; a house of worship; a public library; a school (public, pazochial private elementary, junior high or high school); a public regio 1 park or pazkway, public pazk, public recreation center or public spec' lized recreation facility as identified in the parks and recreation ele ent of the Saint Paul Comprehensive Plan; a fire station; a comm 'ty residential facility; a mission or a hotellmotel. The distance sha11 e measured in a straight line from the closest point of the property lin of the building in which the adult bookstare is located to the closest poi t of the property line of the building in which is located an aforeme ioned protected use. d. Cond' ions b. and/or c. may be waived by the planning commission if the pers n applying for the waiver shall file with the planning administrator a co sent pefition which indicates approval of the proposed aduit bookstore ninety (90) percent of the property owners within eight hundred (800) adial feet of the lot on which the use would be located; the planning commission, in considering such a waiver, shall make the following findings: That the proposed use will not be contrary to the public interest or injurious to nearby psoperties, and thaY the spirit and intent of this section will be observed; that the proposed use will not enlarge or encourage the development of a"skidrow° area; that the establishment oh an additional use of this type in the area will not be contrary to any program of neighborhood conservation ar improvement, either residential or nonresidential; and that all applicable regulations of this section will be observed. I:\USER516YRiVE�BOSTROM�pawri-ord I February I0, ]999���� �, e. All signs shall comply with Chapter 66 of the zoning code and with q9 `'(�}- Chapters 274 and 275 of the Saint Paul Legislative Code. £ No person shall engage in any activity or conduct or pemut any other person to engage in any activity or conduct in the adult bookstore which is pxQhibited by any ordinance of the City of Saint Pau1, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited oT regulated by other statutes or ordinances, including, but not 1'vnited to, statutes or ordinances prohibiting the e�ibifion, sale or distribution o obscene material generally or the e�ibition, sale or distribution of specified materials to minors. No obscene work shall be allowed g. The special condition use permit for the adult bookstore sha be reviewed annually to ensure that no change in use occurs and that additional adult uses aze added to the building containing the adu bookstore. h. The adult bookstore is considered to be one (1) u. No two (2) adult uses can be in the same building but must be space wo thousand six hundred forty (2,640) radial feet apart. i. The adult bookstore shall not be residential purposes. a building also used for (10) Adult cabarets, subject to the same con ' ions listed above iu subsection (9) for adult bookstores, with the substitutio f the phrase "adult cabaret" for the phrase "adult bookstore° wherever it appea . The adult cabaret is considered to be one (1) use. No two (2) adult nses can e in the same building but must be spaced two thousand six hundred forry (2,6 ) radial feet apart. (11) Adu1t convexsation/rap subsection (9) fax adult conversation/rap parlor' adult convetsationlrap uses can be in the s e forty (2,640) radia eet pazl s, subject to the same conditions listed above in bo kstores, with the substitution of the phrase "adult ' or the phrase "adult bookstare" wherever it appears. The arlor is considered to be one (1) use. No two (2) adult building but must be spaced two thousand six hundred apart. (12) Adu1t health/s rts clubs, subject to the same conditions listed above in subsection (9 for adult bookstores, with the substitution of the phrase "adult health/spo s club" for the phrase "adult bookstore" wherever it appeazs. The adult healtt�/s rts club is considered to be one (1) use. No two (2) adult uses can be in the s e building but must be spaced two thousand six hundred forty (2,640) radi feet apart. (13) ,�Sdult massage parlors, subject to the same conditions listed above in subsection �(9) for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be snaced two thousand six hundred fortv (2.6401 radial feet aoart. ( I.\USERS�BYRNE�B051ROMlpawn-ord.] February10,I99 (14) Adult mini-motion picture theatres, subject to the same condirions listed above in subsection (9) for adult bookstores, with the substitufion of the phrase "adult mini-motion pichxre theatre" for the phrase "adult bookstore" wherever it appears. The adult muu-motion picture theatre is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced two thousand six hundred forty (2,640) radial feet apart. (15) Adult motion picture theatres, subject to the same conditions listed ab e in subsection (9) far adult bookstores, with the substitufion of the phr "adult motion picture theatre" for the phrase "adult bookstore" wherever � appeazs. The adult motion picture theatre is considered to be one (1) use. No o(2) adult uses can be in the same building but must be spaced two thousand x hundred forry (2,640) radial feet apart. (16) Adult steam room/bathhouse facilities, subject to the s e conditions listed above in subsection (9) far adult bookstores, with the subsf tion of the phrase "adult steam room/bathhouse facility" for the phrase "ad t bookstore" wherever it appears. The adult steam room/bathhouse facili is considered to be one (1) use. No two (2) adult uses can be in the same buii 'ng but must be spaced two thousand six hundred forty (2,640) radial fe t apart. (17) Other adult uses, subject to the same c ditions listed above in subsection (9) for adult books[ores, with the substitutio of the phrase 'bther adult use" for the phrase "adult bookstore" wherever ' appears. The other adult use is considered to be one (1) use. No two (2) adult es can be in the sazne building but must be spaced two thousand six hundre forty (2,640) radial feet apart. (18) Auto repair, subject to the a. The minimum conditions: shall be fifteen thousand (15,000) square feet. qq.1��- b. A ten-foot lan caped buffer with screen planting and an obscuring fence shall be requ' ed along any property line adjoining an existing residence ar adjoining 1 d zoned residential. c. All � work shall be done within an enclosed building. shall be no outside storage. (19) Private istop for emergency medical services which are accessory to a hospital, subjec o the conditions set forth for RM-2 Medium-Density, Low-Rise Multiple- F' Residential District in section 6o.453, Principal Uses Permitted Subject to Sn cial Condition. (20) /Ceilulaz telephone antennas located on a freestanding po1e, as regulated in the OS- 1 District, section 60.514(6)a. through g. (21) Accessory buildings, shuctures and uses as defined in section 60.201. '� I:\USERS�BYRNEVBOSTAOAR�pawn-ord.l Febmary 10, 1999�Q�w� Section 3 Sectio_n 60.552 of the Saint Paul Legislative Code is hereby amended to read as follows Sec. 60.552. Principal uses permitted. In a B-4 Centrai Business District the use of 1and, the location and erection of new buildings or shuchues, and the alteration, enlargement and moving of exisfing build� s or structures from other locations or dishicts shall conform to the foliowing use grou�unless otherwise provided in this code: (1) Transient residential uses: Hotels, motels and clubs used prim�rily for transient occupancy. / (2) Aparhnent residential uses. To include: a. b. c. d. a19-1�� Foster homes and freestanding foster hom�s located in multiple-family structures; �f Human service-licensed communi residential facilities located at least six hundred (600) radial feet fro another similaz facility and located in a multiple-family structure; Transitaonal housing and family structures; and ` Hospices located for battered persons located in multiple- structures. (3) Retail business uses: A ail business serving the convenience and comparison shopping needs of the ity and the region beyond. (4) Service business u s: Services business providing direct conswner services. (5) Office uses: Bu ness, professional and governmental offices accommodating a variery of fun ions such as finance, corparate headquarters, service enterprises and other si ilar office development. (6) Public �7) (9) y uses: Public utiliry offices; telephone exchange buildings; elech-ic stations and substations; gas regulator stations; all without storage parking facilities; pazking ramps, decks, or garages, with fully enclosed automobile service stations. Amusement and entertainment uses: Commercial recreation, theaters, eating or drinking places including entertainment and other such uses offering entertainment to the users of the Central Business District. Restricted wholesaling uses: Wholesaling with storage restricted to samples. 8 I.\USERS�BYRNE�BOSTROM�pawri-ord 1 February 10, 7999 ���I� ��l (10) Governmental uses: Those uses which require central Iocation to service the needs of the region using the Central Business District. !Jq �'�} 't (11) Public and quasipublic uses: Churches, schools, libraries, hospitais, parks, museums, fraternal orgauizations, clubs, family day care, group family day care, group day caze and other similar uses servicing the needs of the region and Central Business District users. (12) Newspaperpublishing. (13) Other uses which the plauning commission shall find to be: � Q c. Related and reasonably necessary or convenient for the efficient operation of a central business district. Similar in chazacter to one or more of the use groups � above. Of such character that the vehicular traffic gener d by such use is similaz to one or more of the above-permitted uses. d. Do not create nuisance as defined in this de. {14) Colleges, universities, seminazies and other ch insfitutions of higher learning, public and private, offering courses in ge ral, technical or religious education and not operated for profit. (15) Outdoor restaurants when markets. (16) Cellular telephone antennas regulated 'an the OS-1 Busi may extend up to forty O which they are attache a principal use and outdoar farmers' I�lcated on an existing structure as permitted and �ss District, section 60.512(8), except that antennas feet above the structural height of the structure to (� I:\IISERS�BYRNE�BOSTAOM�pawn-ord 1 Febmary 1Q 199Y� �'�/�� _` 1 2 3 4 5 6 7 8 9 10 11 12 13 (l7) Currency exchange business, as permitted and as regulated in the B-2 Business District under principal uses permitted, secrion 60.532. 18 Pawn shops when the business is conducted within completelv enciosed buildines. (-1-�14) Accessory buildings, shuctures and uses as in section 60.201. Section 4 �q-i�z This ordinance shali take effect and be in force on the thirtieth day following its passage, approval and publication. QRIGINA� Adopted by Council: By: Approved by Mayor: By: Date By: I:WSER5IBYRNEIBOSTROlMpawri-ord.i Febmary 10, 1999 Adoption Certified by Council Secretary Approved by Mayor for Submission to Council