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87-1654 M1NITE - CITY CLENK ` PINK - FIHANCE G�ITY � OF SAIN PAUL Council �� aAr1ARY - QEPARTMBNT 1 � 't SLUE -MAYOR Flle NO. .. . 0 inan e Ordinance N 0. - A..�� . f Presented By � ' �r , Refe mmittee: Date Out of Committee By Date An Ordinance amending Chap ers 60 �hrough 64 and Section 66.405 of t 2 Saint Paul - Legislative Code pertaini g to zoning. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . - That Section o0. 201 .A. of the aint Paul Legislative Code definingr "accessory use" is amended b adding the following: (13) Air Condi-cion..e_ng conden er. Section 2. That Section 50.201 .A. of the aint Paul Legislative Code is amended by adding i.;�e following de initions : Ar�ist ' s s-tudio. T� place d signed to be used, or usea. as , �oth a dwellir�c� r�lace and a place of work by an artis�, artisan or craf�s�erson, includ'ng persons engaged in the application, ieacning, or perf rmance of fine arts such as but not limi-ce�z to drawing, ocal or ins�trumental rnusic , painting, sculptu.re , and writing. Sec'cion 3 That the fol?ovaing i.erms con ained in Sec�ion 60.204.�. of the Sain� Paul Legisla�ive Co�e ar hereby amended as follows : �welling, one-family. A b ilding designed exclusively for and occupied exclusively b one farnily in one dwelling unit. COUNCILMEN R uested by Department of: Yeas Nays Drew Nicosia [n Favor — Rettman Scheibel A ainst BY so��.� g T�ae�o � wu�n _ F rm Approv b City Attorn Adopted by Council: Date � Certified Passed by Council Secretary BY By Approved by Mayor: Date pproved by or for Submission to Council By BY . ��'� � ., �i; �;-'I � --� �� ,. � Dwelling, two-family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other in two separate dwelling units . Dwelling, three-family. A building designed exclusively for or occupied exclusively by no more than three ( 3) families living independently f each other in three separate dwelling units . Dwelling, four-family. A building designed exclusively for or occupied exclusively by no more than four (4) families living independently of each ther in four separate dwelling units. Dwelling, multiple-family. A building, or portion thereof, designed exclusivel for occupancy by five ( 5) or more families living in ependently of each other in individual dwelling units . Dwelling unit. A buildin , or portion thereof, designed for occupancy by one family for residential purposes ar3d �ia�}r�g--eeel�}r3g--�ae}�}�}es u ed or intended to be used for living, sleeping, and cook ng or eating purposes . Dwelling, townhouse . A one family dwelling unit , with a private entrance , which is par of a structure whose dwelling units are attached horizontally in a linear arrangement , sepa�a�e�--��er-a--e�l�e�--dvae��} g--rxr��-�-�-�3��-�va-��--e� wa��s--e�c�e�d��g--��o�-� i�-t�-r-o�k�--�Y-�e--�ee�--va��i , r3e-��-r�,- an� having a t tally exposed front and rear wall to be used for access , li ht , and ventilation. Section 4. That the term "Floor Area" con ained in Section 60. 206 of the Saint Paul Legislative Code is amen ed to read as follows : Floor area. The sum of the horizontal areas of each floor of a building, measur d from the �x-t-�r-i-o-r- interior faces of the exterior wall or from the centerline of walls separating two building . The floor area measurement is exclusive of areas of asements , unfinished attics , 2 . . ; , �: :�% � , . , ��,�_ � j. , r: . � /�5��/ � attached garages , or space use for off-street parking or loading, breezeways , and enc osed and unenclosed porches , elevator or stair bulkheads an accessory structures. Section 5. That the term "Housing for th elderly" contained in Section 60. 208 of the Saint Paul Legisla ive Code is amended to read as follows : Housing for the elderly. A multiple-family structure , controlled by either a publ ' c body, institutional body, or non-profit corporation, 8 percent of whose occupants shall be 65 years of age or over.- , or a multiple-family structure where each unit � s occupied by at least one person who is 55 years of age or over and is retired, and where the rental arrang ment includes a requirement that all members of each ho sehold consume at least one meal per day in a congrega e dining facility contained within the multiple-family str cture. Section 6. That the term "Lot coverage" contained in Section 60. 212 of the Saint Paul Legislative Code ' s amended as follows : Lot coverage. The part o percent of the lot occupied by the above grade portion of buildings �r-�-��c��r�g-aeeesse�� ti}��}�gs . Section 7 . That Section 60.443(2) of the aint Paul Legislative Code is amended to read as follows : Rooming and rooming and oarding houses v��hich are not community residential faciliti s ; provided, that �r-�-ad�}��e� �e-�l�e-�e�-a�ea-€e�-��ie-dwe�� g-�r�}�;-a-�e�-a�ea-}s-p�e�}ded e�--er�e-�-��iet�saxd--�;9AA--�c�� e-€e�t--�-o-r=-��-g�e��--�eex� }r3--�%R-�-t=�-o�-��re-��}--gties�- �r�. a minimum lot area of 5 , 000 square feet be provi ed for the first two guest rooms and 1 , 000 square fee for each additional guest room. 3. ;. _ „ � ;� � �� .r� 7_ /r,��_,,e�` , `., __ � ��'% Section 8. That Section 60.452(2) of the Saint Paul Legislative Code is amended by renumbering it to 60.452(3) . Section 9. That Section 60.452 of the Sai t Paul Legislative Code is amended by adding the following: (2) Support services with'n elderly housing as defined in Section 60.208 .H. includin limited food service , beauty salon and retail goods sales reas not to exceed 5 percent of the designated community ro m area. Section 0. That Section 60.462( 5) of th Saint Paul Legislative Code is amended by renumbering it to 60. 62(6) . Section l . That Section 60.462 of the Saint Paul Legislative Code is amended by adding the following: ( 5) Support services wit in elderly housing defined in Section 60. 208 .H. includin limited food service , beauty salon and retail goods sales areas not to exceed 5 percent of the designated community ro m area. Section 2 . That Section 60. 532(2) (e) o the Saint Paul Legislative Code is amended to read as follows : (2) (e) Theaters , assembl halls , auction halls , bingo halls , concert halls , rece tion halls or similar places of assembly when conducted completely within enclosed buildings . Section 13. That Section 60. 542(6) of th Saint Paul Legislative Code is deleted in its entirety. 4. , . . /��-- k: ;, -;i :. ,- �. / i'��.2� � (6) Ser3��ae�e�s'-sl�eps ,--�e- ta�s}de-s�e�aQe .- Section 4. That Sections 60. 542(7) to 60. 5 2(14) of the Saint Paul Legis- lative Code are amended by bein renumbered as 60. 542(6) to 60. 542(13) . Section 5. That Section 60. 543 and Sect on 60 . 544 of the Saint Paul Legislative Code are amended by being renumbered as Section 60. 544 and Section 60. 545 respectively. Section 6. That the Saint Paul Legisla ive Code is amended to add Section 60. 543 as follows : 60. 543 . Required conditi ns. All business , storage, servicing or processing, ex ept for off-street parking, loading, and those open air u es indicated as being subject to special conditions in 60. 544 below shall be conducted within completely enclosed bui dings . ��e�r�- .'�. '�'.�at Section 60.�13(3) of th ��Saint Paul �gislative 4 Code is amen�ed to read as fc3�llows : �r, �4: .� °�,� , `�. O Outdoor st�rage areas sh�,ll be fence'�1 or wall�d. On t se sides of `°Lthe dis rict �ext abuttin�, a publ?:�c thorou fare or any �,, district oth�:� than an '��ndustri�,l district the fence sh�ll be totally `'�obscuring to -a heigh''� of six ( feet . O�t-c�c�o-r--s� �age-�-x��3�g-r�-at��eFaeb��: s�e�age- �-�-��-be--e-��r- �-�a��--��i�ee-��d-r�-�3�}fl�-€ee�`:. �e-ar��-�es}��}a�-d�s��}e�s.- .&:._._,�. at Sect ' on 60. 623�(2) of t� Saint Pat�l Legis�:�tive Coc,�e is amen ed to r�d as follt�ws : 5. . Y - I . . ,_,`�,;`�>_ ��: -. . ��.,��a �/ � ��) Outd` r storage �may be pe�rmitted, but sha 1 be fence2�,, or wal ' d. On th�se sides �;of the di`�trict ext abuttin a publ � thoroughf�^r or any"-; district 'c�ther an an indus�rial dis ict the f' ce shallY��e totall �bscur �; � , � Y , 9 to a heigl� of six ��6) feet , e ' ept where �"�nusual to�ograph c conditions tl~�ender tHt� effect �� fencing ``t,zseless . ''��ta��ee��, s�e�age-��-l�-�e�--b��=-e�ese�- ��--�l��ee-�rt�'�-f-�4C��--�ee��:. �e-a��-�es}dei�:�}a�-d�s��e�.- ,.;. Section � 9-: That Section 60.622(1 ) of the Saint Paul Legislative Code is amended to read as follows : (1 ) Any uses f-i-�t permi ted in the I-1 District as "principal uses permitted" exc pt group day care and "princi- pal uses permitted subject t special conditions" provided that they meet at least th minimum conditions imposed in each district. ,,:w: Section . That the chart in Section 61 101 of the Saint Paul Legis- lative Code is amended to read as f llows : 1 ) Add the letter "j " in t e "Minimum Width of Structures In Feet" column on the RT-l . 2) Add note "g" to the "Area in Square Feet" column on the "RM-3 Multiple Family esidential" line to reference bonus provisions for in-struct re parking, etc . `� Section . That Section 61 . 101 (h) of th Saint Paul Legislative Code is amended to read as follows : (h) In an RM-1 , RM-2 , or RM-3 District , when two or more buildings are constructe on the parcel , there shall be a distance of at least 30 f et between principal buildings . 6. • � �r`.- ��';- !C<� �"`� /;�� '�, � , Section . That the chart in Section 61 . 05 of the Saint Paul Legis- lative Code is amended to read as fo lows : Add the letter "c" follo ing the figure "4" in the Minimum Yard Setback, Front column in the P-1 Vehicular Parking row. _ ; Section 3. That Section 62. 102(a) of the Saint Paul Legislative Code is amended to read as follows : (a) Intent. It is the 'ntent of this code to permit legal nonconforming lots , s ructures , or uses existing on October 25 , 1975 , to con inue until they are removed but not to encourage their survival . It is recognized that there exist within the istricts established by this code and subsequent amendme ts , lots , structures , and uses of land and structures hich were lawful before this code was passed or amended which would be prohibited, regulated, or restricted un er the terms of this code or future amendments . For the purposes of this sec ion, use means the principal purpose for which land or a building is being occupied. A use will be presumed leg lly nonconforming if it can be demonstrated by clear a d convincing evidence that prior to December 13 , 1976 he use was established, con- verted, or enlarged and oc upied pursuant to building permits issued by the city f Saint Paul ; or if it can be demonstrated by clear a d convincing evidence that the particular use had bee in existence continuously for 20 years prior to Decem er 13 , 1976. The burden of proof shal l be on the a��e� �--��-�-}�n�rrt-o�-ee��}ea�e e�-eeetzpar-ie�-as-��ie-ease-r�a�-b .- property owner. Such uses are declared by his code to be incompatible with permitted uses in the districts involved. It is further the intent of this c de that nonconformities shall not be enlarged upon, expan ed or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same distr ' ct. A nonconforming use of a structure , a nonconforming se of land, or a nonconforming use of a structure and land sh 11 not be extended or enlarged 7 . ;' � : �f,/""� i' /r. �l ' �.�..--� /�._�� / `�J after passage of this code y attachment on a building or premises of additional si ns intended to be seen from off the premises , or by the addition of other uses of a nature which would be prohib ted in the district involved. To avoid hardship , nothing i this code shall be deemed to require a change in the pla s , construction or designated use of any building on which ac ual construction was lawfully begun prior to the effective ate of adoption or amendment of this code and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include he placing of construction materials in permanent positi n and fastened in a permanent manner; except that where emolition or removal of an existing building has been s bstantially begun preparatory to rebuilding, such demolitio or removal shall be deemed to be actual construction, rovided that work shall be diligently carried on until completion of the building involved. � � Section �. That Section 62. 102(�) of th Saint Paul Legislative Code is amended to read as follows : (�) Nonconforming lots . I any district in which single- family dwellings are permitte , notwithstanding limitations imposed by other provisions f this code , a single-family dwelling and customary acces ory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this code . This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that re applicable in the district ; provided that yard dimensio s and other requirements not involving area or width, or oth, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirem nt variances may be obtained through approval of the board of zoning appeals . �-:If three or more lots or co binations of lots and portions of lots with continuous stre t frontage in single ownership are of record on the effecti e date of this code or amend- ments thereto , and if all or part of the lots do not meet the requirements for lot w' dth and area as established 8 . . .,: �.�Y /` F�,L:-f . ` Y �, , � f� � ' • . i, �1_.h�i /,r/,.,l "` , V by this code, the lands involved shall be considered to be an undivided parcel for t e purpose of this code , and no portion of said parcel sh 11 be used or occupied which does not meet lot width and rea requirements established by this code , nor shall an division of the parcel be made which leaves remaining any lot with width or area below the requirements stated i this code . Section . That Section 62. 102(e) (8) of the Saint Paul Legislative Code is amended to read as follows : (8) In any R-1 , R-2 , R-3 , and R-4 District, an existing two family residential use shall not be nonconforming as to the use of structure a d land, and may be enlarged, extended, reconstructed or ltered provided the minimum yard setback requirements o the �}s��}e�--�r3--wk�e13--�� s--�eea�e� RT-1 District a e met and that the maximum percentage of the lot occupi d by the main building does not exceed that allowed. .��. Section . That Section 62. 103(b) of th Saint Paul Legislative Code is amended to read as follows : (b) Site plan required. No---bt�i�.-�-i�--�e��;--e�eep� �e�--er3e--ar3d--�vae--€�r�t�-��- ��ir�,---s�.�1-1--�-��ed--�e� ��ie--cor�s-tr��ti-o-r�--o�-a��--�� -o�-�=-s��ee�--par�i�g-�a��}�� e�-��e--��3g--e�-��r-�x3.�3 -�i��--�o-t,- No off-street parking facility shall be esta lished, nor shall any existing unimproved lot be paved un ess and until the planning commission has approved a sit plan for the facility meeting the standards and regulatio s contained in this section. Section 62. 104, and Section 62. 108 . Site plans for one ar3d-��o to four family dwelling units -s��a-1-1 may be approved by the zoning administrator. f �. Section ��-. That Section 62. 104(3) of the Saint Paul Legislative Code is amended to read as follows : 9. , , �' � �_. /r ;L7 L� . . � �,. . �� V (3) Parking facility locat ' on: non-residential . Off- street parking for other th n residential use shall be either (a) on the same zoning lot, (b) in a P-1 Vehicular Parking District, or (c) withi the same or a less restric- tive zoning district as the rincipal use and within 300 feet of the building it is intended to serve , measured from the nearest point of he building to the nearest point of the off-street parkin lot . � � Section . That Section 62. 104( 11 ) of the Saint Paul Legislative Code is amended to read as follows : (11 ) Setback. Except as therwise provided in Section 6A.-�� 60. 573( 3) or Section :-3-0-3-(� 61 . 103(a) , off-street parking spaces shall not be within a required front or side yard and shall be a m' nimum of four feet from any side lot line. A Section �33. That Section 62. 106(2) of th Saint Paul Legislative Code is amended to read as follows : (2) Accessory buildings , tructures or uses shall not be erected or established i �r� a required yard except a rear yard. On corner lots , accessory buil ings , structures , or uses shall be set back from the str et a distance equal to that of the principal structure. When an accessory building st ucture , or use is constructed in a rear yard which adjoin a side or front yard, the accessory building, structur or use shall be set back from the interior lot line a distance equal to the minimum side yard required in the dist ict in which located. On all other lots , accessor buildings shall be set back at least three feet from all i terior lot lines . This setback requirement of three feet from all interior lot lines shall be waived when a maintenance easement 10 . . . . �� -i��;� . . (. i�_,a?y � � is recorded on the deeds of all affected properties and when proof of such recorded easement is provided at the time of application for a bu' lding permit. The recording of the maintenance easement hall be interpreted to mean that the following intents nd purposes of this setback requirement are met: (a) Adequate supply of sunlight and air to adjacent property; (b) Sufficient space for mai tenance of the building from the same lot ; and (c) Prevention of damage to adjoining property by fire or runoff from roofs . � T� Section . That Section 62. 106(5) of th Saint Paul Legislative Code is amended to read as follows : (5) In those instances w ere the rear lot line or a side lot line is coterminous with the alley right-of-way the accessory building shall not be closer than one foot to such rear lot lines . - `^� Section ?r� . That Section 62. 108(a) (7) o the Saint Paul Legislative Code is amended to read as follows : (7) All off-street parkin facilities -�-o-�=-�er�-�r=-a�e�e s�aees .- except as noted in sec ion 62 . 103(b) . , s�a M Secti n �. That Section 62 . 108(d) of th Saint Paul Legislative Code is amended to read as follows : (d) Compliance and time requirements . The planning commission may make such r quirements with respect to the above matters as to ssure compliance with them. When changes are required, the revised site plan shall be submitted within six mont s from the date the applicant was notified of required chan es . The planning administrat- or may grant extensions . The property must be brought 1 . . • ; l�'�.� ,-, y- /�� '�� ( J�S�y ,`�/ into compliance with the ap roved site plan within one year of the date of approv 1 or as otherwise specified by the zoning administrator. ' f Section 3. That Section 62. 112 of the Saint Paul Legislative Code is amended to read as follows : 62. 112. Corner clearance. No fence , wall , shrubbery, sign or other obstruction to vision above a height of two (2) feet from the es�a ��sl�ed--�tn�t-��s average grade of the property shall b permitted within the triangu- lar area formed at the inters ction of any street right-of- way lines by a straight line drawn between said right-of- way lines at a distance along each line equal to the minimum setback lines from their point of intersection. �. Section �4-. That Section 64. 300 of the Saint Paul Legislative Code is amended by renumbering 64. 300(e) through 64. 300(g) as 64. 300(f) through 64. 300(h) . j> Section �5. That Section 62. 113 of the Saint Paul Legislative Code is moved in its entirety and ren mbered as subd. � of Section 64. 300(�) . � ��a�^ Section '�6. That Section 63 . 107 of the Saint Paul Legislative Code is amended to read as follows : 63.107. Projection into yards . (a) Overhangs , ar�� decorative details , and bay windows may project into a required yard sixteen (16) inches plus two (2) inches for each foot of width of the required side yard. (b) Open, unenclosed, uncover d steps or platforms not ex- ceeding two feet in height may project three ( 3) feet into a required yard. 2. . . j,�_ f. �. /G-; `>�'/ � , , T�'�; � _ /��-� � 'v (c) Ramps for the handicapped are exempted and may project into required yards . (d) Chimneys and fireplaces may project one foot into a required yard. (e) Attached vestibules an greenhouses not exceeding twenty (20) square feet in ar a may project into a required front or rear y Section ,'�. That Section 64. 100 of the Saint Paul Legislative Code is amended to read as follows : 64.�� . Enforcement. he director of the division of �io�-a��g-�-�il�i-�g-c.��- r}€-c}�c-er�ter-�� building inspection and design within the depa tment of community services shall enforce this code and i hereby designated the zoning administrator. �� Section . 66 .405 . Exemptions . T e following signs shall not require a ��ee�se permit . These exemptions shall not be construed as relieving th owner of the sign from the responsibility of its erect ' on and maintenance, and its compliance with the provisi ns of this chapter or any other law or ordinance regulat ng the same. (1 ) The changing of the displa surface on a pointed or printed sign only. Howeve , this exemption shall apply only to poster replacement and/or on site changes in- volving sign painting else here than directly on a building. (2) Signs six square feet or 1 ss in size . ( 3) Lettering on motor vehicle when not utilized as a parked or stationary outdoor disp ay sign. (4) Political signs . 13 . WMITE - CITV CLERK PINK - FINANCE GITY OF SAI T PAUL Council CAMAI�V - pEPARTMENT x/� �,r��j �BLUE - FMVOR , Flle NO• `l�_��//�✓ � Ordin� CG Ordinance N 0. �� Presented By Referred To Committee: Date Out of Committee By Date Section 3 This Ordinance shall take ef ect and be in force thirty ( 30) days from and after its passa e, approval and publication. 14. COUNCILMEN equested by Department of: Yeas ��N� Nays „ .,.e... ..au;.a,;a C�r-��w i 1x- / In Favor — Rettman s�ne�bai � Against BY Sonnen Te.+e.,...`�;MON-D Witson Adopted by Council: Date JAN -6 �98$ Form Approv by City Attorney Certified Pa s oun il Sec ar BY By Approved by Mayor: te N " i Appr ayor for Submi on Cou By �LISI� �N N 1 % 1988 --�� ..� . . . �� - ( r..f r � � 0 � � ; 1y� 011084 � - _ Planninq &� Economic Develoa.�EP��rrr � � /7��'°`l" Chuck McGujre CONTACT NA1� 22€s-3364 PHONE . Au�us� 26. 1987 DATE . ASSIGN NU�BER FOR ROiJTING ORDER: (See reverse side.) [,�� - �� epartment Director � or (or Assista t) _ Finance and Iianagement Services Director �'�+ Cit� Clerk Budget Director Q•� .� Allen Loveinv City, Attorney G : �_ (Clip al locationa Eor $ignaturn.) - � N D ? {Purpo�e/Rationala) Zoning Text Amendraents VI if: approved by the May r and Council will add needed zoning. cade \'`. defi�nitions, revise some..code definitions for gr ater clarity and ease of at�ninistration, permit the expansion of services for senior citi ens, tighten restrictions on nvn-conforming uses and correct errors in the zan:ing text. In eneral , the amendments pr�posed in this package are of a "housekeeping nature". , flS g T No added costs are anticipated as .a resul.t of. th proposed amendments. The city and resider�ts wi�l benefit from improved administrat on and enforcement of the zon�ng code made possible by the proposed amendments. �� AuG ��:�s�r , AC VI E D: (Mayor's signature aot required if under $10,000 ) �Y�,��f rr � Total Amount of Transaction: �/q Activity Nualber: N/A Funding Source: N/A ��' ATTACHZIENTS: (List and number all attachments.) pC^C'�rD f�G�rG G � 1. Planning Commission Resolution #87-91 dated 8 i�/87 2. Zoning Text Amendments VI Report AU G 2 7 19$� ' 3, C..�-c. 1.,..�'�c.-, �srs.� ro G:�+� Go�....,c✓r TTORN�Y ADMINI&TRATI�IE P84CEDt1RES _Yes _No Rules, Regulations, Procedures, or Budget Amendment required? _Yes _No If yes, are they or timetable a tached? DEPARTMENT REVIEW CITY k2TORNEY REVIEW _Yes No Couacil resolution required� � Reaolution ?required? _Yes _No _Yes _No Insurance required4 ' insurance sufficient? _Yes _No _Yes No Insurance attached7 � `,h,:. , ��7/�j� �y>�'� CITY OF SA NT PAUL • s�lt'!ia'!t ` OFI�`ICE OF THE C TY COUNCIL KIKI SONNEN Councilmember MOLLY O'ROURKE Legislative Aide MEMORANDUM DATE: December 9, 1987 T0: City Councilmembers FROM: Kiki Sonnen RE: Sonnen's Proposed Changes to Zoni g Text Amendments VI As the Council requested, here are my pr posed changes to the Text Amendments which will be discussed at th December lOth Council meeting: * Change 4�1, see page 3 of the ordinance, ouncil file ��87-1654, Section 60.433(2) . THE CURRENT CODE READS: "Lot coverage. The part or percent of the lot occupied by the above grade portion of b ildings including accessory buildings." THE PLANNING COMMISSION RECOMMENDS: "Lo coverage. The part or percent of �he lot occupied by the above grade port on of buildings �ae�c��g seee9se��* �r��ag9.�� MY RECOMMENDATION IS: Adopt the Plannin Commission recommendation. THE REASON FOR MY RECOMMENDATION IS: Or ginally, I had thought we should stick with the current code. However, I have changed my mind and now I support the Planning Commission recommen ation because after further review, I found that my zoning code book on was � ot completely up to date. After getting a current copy of the code and r viewing the existing language, I believe that the Planning Commission rec mmendation is sound. * Change ��2 see page 5 of the ordinance, C uncil file ��87-1654, Section 60.613(3) . �'HE CURRENT CODE READS: "Outdoor storag areas shall be fenced or walled. On those sides of the district next abut ing a public thoroughfare or any district other than an industrial distri t, the fence shall be totally obscuring to a height of six (6) feet. utdoor storage excepting new automobile storage shall not be closer t an three hundred (300) feet to any residential districts." CTTY HALL SEVENTH FLOOR SA T PAUL,MINNESOTA 55102 612/298-5378 a�.�. s � �� I�S�( Sonnen's Proposed Changes to Zoning Text mendments VI Page Two THE PLANNING COMMISSION RECOMMENDS: "Out oor storage areas shall be fenced or walled. On those sides of the distric next abutting a public thoroughfare or any district other than a industrial district, the fence shall be totally obscuring to a height of six (6) feet. 6n��ee� 9�e�ege e�ee��#ag aea et��emeb#�e 9�e�age she�� ae be e�eser �i�ea ��ee �na�re� �38A} €ee� �e ea� �es#�en�#s� d#9��e�s." MY RECOMMENDATION IS: "Outdoor storage a eas shall be fenced or walled. On those sides of the district next abutting a public thoroughfare of any district other than an industrial district, the fence shall be totally obscuring to a height of six (6) feet. tdoor storage excepting new automobile storage shall not be closer t n three hundred (300) feet to any residential districts." THE REASON FOR MY RECOMMENDATION IS: Th 300 foot distance requirement is necessary to provide aesthetic, visual a d environmental protection. The distance requirement reduces the negativ aesthetic and visual impact particularly when large, tall mounds of aterials are stored.. The obscuring fence or wall which is required is often imes an inadequate protection because the piles of junk or debris are ftentimes significantly higher than six feet. For example, the Bolander Con rete Crushing operation on Capp Road stores crushed gravel to about 20-3 feet high. A storage area at Butler and Prior up until recently store crushed rock up to 15 feet high. And some auto junk yards west of 280 sto e materials 15 to 20 feet high. The second reason for keeping the distan e requirement between industrial and residential areas is to reduce dust nd other air pollution impacts. In the case of outdoor storage of crushed r ek, I get many complaints on windy days that the dust was blowing across on to adjacent property. In many cases, it appeared that 300 feet may not be adequate but it was better than � nothing. The airborne particles was not an issue that was able to be. handled by either the Public Health Depa tment or the Pollution Control Agency because it was a localized issue. The Planning staff has stated that the 3 0 foot distance requirement is proposed for deletion because the requir ment is not currently enforced. That is not always the case. My office as involved with the zoning enforcement division and successfully us d this section of the code to have piles of crushed rock removed from areas within 300 feet of residential property. Lastly, I would like to see the 300 foot distance requirement maintained because the requirement will be a centra issue to a zoning case which will soon be before the Planning Commission a d will probably come to the City Council on appeal. The case involves Bu lington Northern Railroad and its outdoor storage at Pierce Butler and Fai view at its trailer-on-a-flatcar site. In reviewing the railroad's site lan propo�al, Jan Gasterland issued a ruling based on this 300 foot require nt and I think it would be premature for the City Council to delete this section of the code. � �� /�� Sonnen's Proposed Changes to Zoning Text Amendments VI Page Three * Change 4�3, see pages 5 and 6 of the ordi ance, Council file 4�87-1654, Section 60.623(2). THE CURRENT CODE READS: "Outdoor storag may be permitted, but shall be fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than n industrial district, the fence shall be totally obscuring to a height o six (6) feet, except where unusual topographic conditions render the effect of fencing useless. Outdoor storage shall not be closer than three h ndred (300) feet to any residential district." THE PLANNING COMMISSION RECOMMENDS: "Ou door storage may be permitted, but shall be fenced or walled. On those sid of the district next abutting a public thoroughfare or any district othe than an industrial district, the fence shall be totally obscuring to a he'ght of six (6) feet, except where unusual topographic conditions render th effect of fencing useless. 8tt��ee� s�e�sge 9�8�} ae� be e�ese� ��esa .��ee �aa��e� {388} �ee� �e a�� es��ea��s� ��s��e�-n MY RECOMMENDATION IS: "Outdoor storage ay be permitted, but shall be fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than industrial district, the fence shall be totally obscuring to a height o six (6) feet, except where unusual topographic conditions render the effect of fencing useless. Outdoor storage shall not be closer than three h dred (300) feet to any residential district." THE REASON FOR MY RECOMMENDATION IS: Th same arguments as above for change 4�2. The only difference between Section 60.613(3) and Section 60.623(2) is that the former relates to I-1 districts and the latter relates to I-2 districts. All the issues and concerns 've raised are the same for both zoning categories. * Change ��4, see page 6 of the ordinance, ouncil file ��87-1654, Section 60.622(1) . THE CURRENT CODE READS: "Any uses first ermitted in the I-1 District as 'principal uses permitted' and 'principa uses permitted subject to special conditions' provided that they meet at 1 st the minimum conditions imposed in each district." THE PLANNING COMMISSION RECOMMENDS: "An uses €��s� permitted in the I-1 District as 'principal uses permitted' e ce t rou da care and 'principal uses permitted subject to special condit' ns` provided that they meet at least the minimum conditions imposed in e ch district." MY RECONIl��ENDATION IS: "Any uses first pe itted in the I-1 District as 'principal uses permitted' exce t rou care and 'principal uses permitted subject to special conditions' rovided that they meet at least the minimum conditions imposed in each d"strict." , ��_�� Sonnen's Proposed Changes to Zoning Text endments VI Page Four THE REASON FOR MY RECOMMENDATION: I beli vP the difference between the definition of I-1 and I-2 zones needs to e maintained. I-1 zoning is intended to acco�odate wholesale, wareho se activities and clean light industry. In I-2 zoning, the use is inte ded primarily for heavier manufacturing, assembling and other large scale industrial operations. In some cases, industrial operations have ef ects not only within the zoning area but beyond it into the surrounding d stricts. This is acknowledged in the current zoning code by differentiatin between I-1 and I-2 zones. I do not believe that all uses allowed in a B-3 zone would be compatible with an I-2 zone. For example, under the existing code, a B-3 use, let's say a McDonald's Restaurant, is allowed in a -1 district, but not in an I-2 district. A McDonald's is more or less c mpatible with a bottling plant in an I-1 district. But is a McDonald's com atible with a ferrous foundry? Allowing two such diverse uses adjacent t each other in the same zoning district could create unnecessary conflic s between business neighbors. My other concern about the Planni.ng Commi sion's recommendation is that it would circumvent efforts to "down zone" p rcels of property. Down zoning of several I-2 areas to I-1 areas are goals dentified in several district plans. Down zoning would not occur if th Planning Commission's proposal to ' allow less intense uses in heavy industri 1 areas is passed. Less intensive uses in I-2 areas would then never be abl to enjoy the protections zoning classifications provide. KS/mb cc: Peggy Reicher, PED Chuck McGuire, PED Jerry Segal, City Attorney ��i�� Section 1 . . That Section 60.532(2) (3) of the Sa nt Paul Legislative Code is amended to read as follows: (2) (e) Theaters, assembly halls auction halls, bingo halls, concert halls, reception halls or s milar places of assembly when conducted completely within enclose buildings. � �� J� � ZON G CODE �60.634 � Subdivision 3. 60.630. B-2 h. Physical culture and health clubs and Community Business District reducing salons. i. Food catering establishments. `.. Sec. 60.531. Intent. (3) Churches and community recreation centers. The B-2 Community Business District is intended (4) Other uses similar to the above uses. to serve the needs of a consumer population larger (5) Accessory buildings, structures and uses than that served by the"Local Business District," as defined in Section 60.201. and ia generally characterized by a cluster of es- (Code 1956, §60.492;Ord.No. 16956,9-9-82;Ord. tabliahments generating large volumes of vehicu- No. 17204, 1-15-85) lar and pedestrian traffie. (Code 1956, § 60.491) Sec. 60.533. Required conditions. Sec., 60.b32. Principal uses permitted. �e following conditions shall be required of all uses in the B-2 Community Business District: In a B-2 Community Business District the use (1) All business establishments shall be retail �of land,the lceation and erection of new buildings or service establishments dealing directly or atructures, and the alteration,enlargement and with consumers. All goods provided on the moving of existing buildings or structures from premises ahall be sold at retail on the prem- other locations or districts shall conform to the isea where produced. following specified usea unless otherwise provided �2) All busineas,servicing or processing,except in this code: for off street parking,loading and those open (1) All principal uses permitted in a B-1 District. air uses indicated as being subject to spe- � (2) All retail business, service establishmenta � cial conditions in Section 60.534 below shall � be conducted within completely enclosed �_ , or prceessing uses as follows: buildings. � a. Any retail business whose principal ac- (Code 1956, § 60.493) tivity is the sale of inerchandise in an " enclosed building. Sec. 60.634. Principal uses permitted subject b. Any service establishment of an office, to special conditions. showroom or workshop nature of a con- The following additional uses ahall be permit- tractor (including, but not limited to, ted,subject to the conditions hereinafter imposed plumbing,heating,air conditioning,elec- for each use and subject to the review and ap- trical, mechanical), decorator, dressmak- proval of the planning commission: er, tailor, baker, painter, upholsterer, (1) All uses as permitted and regulated in the or an establishment doing radio ar home B-1 Local Business District under princi- • appliance repair, photographic reproduc- pal uses permitted subject to apecial con- tion and similar service establishments. ditions. c. Private clubs, fraternal organizations and lodge halls. (2) Open air uses within a planned shopping d. Restaurants, or other places serving center as followa: food or beverages, except drive-in or a. Retail sales of plants not grown on the fast food restaurants. site, lawn furniture, playground equip- �. m�sa�rs.�ly�lls,�h$lle`' ment, and garden supplies; provided, ;Q��:�af seeemtbly arh�pt OodG further, that such use shall be lceated �htebed oompie�01�withit►elmCloeet�;bu�l� at the end or rear of the building. in6s� b. Recreational space providing children's f. Business schools, nonacademic colleges amusement park and other similar rec- or trade schools operated for pro�t. reation when part of a planned shop- g. Mail order houses. ping center development;provided,fur- 1� � b6 r ��7/�� - � ZONI CODE §60.634 \ Subdivision 3. 60.530. B-2 h. Physical culture and health clubs and Community Business District reducing salons. i. Food catering establishments. �`� Sec. 60.581. Intent. (3) Churches and community recreation centers. The&2 Community Business District is intended (4). Other uses aimilar to the above uses. to serve the needs of a consumer population larger (5) Accessory buildings, structures and uses than that served by the"Local Business District," as defined in Section 60.201. and is generally characterized by a cluster of es- (Code 1956, § 60.492;Ord.No. 16956,9-9-82;Ord. tablishments generating large volumea of vehicu- No. 17204, 1-15-85) lar and pedestrian tr�e. (Code 1956, § 60.491) Sec. 60.533. Required conditions. Sec., 60.632. Principal uses permitted. The following conditions shall be required of all usea in the B-2 Community Business District: In a B-2 Community Business District the use (1) All business establishments shall be retail �of land,the location and erection of new buildings or service establishmenta dealing directly or structures, and the alteration, enlargement and with consumers. All goods provided on the moving of existing buildings or structurea from premises shall be sold at retail on the prem- other lceations or districts ahall conform to the ises where produced. following specified uaes unless otherwise provided �2) All business, servicing or processing,except in this code: for off-street parking, loading and those open (1) All principal uaes permitted in a&1 District. air uses indicated as being subject to spe- � (2) All retail business, service establishments � cial conditions in Section 60.534 below shall be conducted within completely enclosed �,__ or prceessing uses as follows: buildings. � a. Any retail business whose principal ac- (Code 1956, § 60.493) tivity is the sale of inerchandise in an " enclosed building. Sec. 60.534. Principal uses permitted subject b. Any service establishment of an office, to special conditions. ahowroom or workshop nature of a con- The following additional uses shall be permit- tractor (including, but not limited to, ted,subject to the conditions hereinafter%imposed plumbing,heating,air conditioning,elec- for each use and subject to the review and ap- trical, mechanical), decorator, dressmak- proval of the planning commission: er, tailor, baker, painter, upholsterer, (1) All uses as permitted and regulated in the � ar an establishment doing radio or home B-1 Local Business District under princi- • appliance repair, photographic reproduc- pal uses permitted subject to special con- tion and similar service establishments. ditiona. c. Private clubs, fraternal organizations and lodge halls. (2) Open air uses within a planned shopping d. Restauranta, or other places serving center as follows: food or beverages, except drive-in or a. Retail sales of plants not grown on the fast food reataurants. site, lawn furniture, playground equip- e. The�►tets,as�mbly hal�,conc�ert ha11�'. ment, and garden suppliea; provided, ac 43fmilst'�af�snnb�r when e�on�' further,that such use shall be located d�'oom�ietely vvlt�in encl�eed bu'k� at the end or rear of the building. �. b. Recreational space providing children'a f. Business schools, nonacademic colleges amusement park and other similar rec- or trade schools operated for profit. reation when part of a planned ahop- g. Mail order houses. ping center development;provided,fur- 1� � J 56 ��71�� Section 2. 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'� � �,.-.�r_��(/ / �t*�o. � � CITY OF S INT PAUL �2(� . . /75 e` °� OFFICE OF HE MAYOR � ii ii� ; r o� �c 1 �� 347 CIT HALL � ��, SAINT PAUL, MI NES OTA 55102 � GEORGE LATIMER (612) 2 8-4323 MAYOR August 31, 1987 Members of the City Council Seventh Floor, City Hall Saint Paul, Minnesota 55102 Dear Council Members: Attached is Zoning Text Amendments VI, a collection of minor zoning amendments of a housekeeping nature. e Planning Division and Planning Commission periodically do packages of inor zoning code changes in response to changing conditions and pro lems that have arisen. Zoning Text Amendments VI add certain d finitions to the code, revise other definitions for greater clarity a d ease of administration, permit the expansion of services for senior ci izens, tighten restrictions on nonconforming uses and correct errors i the zoning text. The Planning Commission sent these amen ents to community groups for their review and held a public hearing. The Planning Commission unanimously recotnmended adoption of the e amendments, and I also recommend that you adopt them. Please irect any questions to Chuck McGuire (228-3364) or Larry Soderholm ( 28-3362) of the Planning Division staff. Very truly yours, orge atim Mayor GL:rm cc: A1 Olson Allen Lovejoy S�IC•46 __ _ _. - -------(RET_URN. ZQ__1IERQME_S�� 1FTER _RDOPTION�---- _------ ------..-- -------- �IINITE � � C�ITV C�,ERK PINK - FINANCE CO130C11 � / CANARY -OEPANTMENT GITY OF AINT PAUL File NO. �� /�✓ ' OIUE - MAYOR • � Z �nce Ordinance N 0. �7.�� Presented By Referred To _ Committee: Date _ Out of Committee� By Date — An Ordinance amendin Chapters 60 through 64 and Section 66.40 of the Saint Paul Legislative Code per aining to zoning. THE COUNCIL� OF THE CITY OF SAINT PAUL DOES ORDAIN: Secti n 1 . That :>ection 60.201 .A. of he Saint Paul Legislative Code . defining "accessory use" is amend d by adding the following: (13) Air Conditionin co denser. Secti n 2. That :�ection 60.201 .A. of he Saint Paul Legislative Code is amended by adding the followin definitions: Artist' s studio. A la e desi ed to be used, or used as, both a dwellin lace a d a lace of work b an artist, artisan or craf'ts erson, in ludin ersons en a ed in the application, teachin , or erformance of fine arts such as but not limited to drawin , vocal or instrumental music , paintin� , scul ture, and writin . Sectio 3. . That �the following terms ontained in Section 60.204.D. � of the Sain��, Paul LPgislative Code are hereby amended as follows: Dwe:lling, one-family. A building designed exclu�ively for and occupied exclusively by one family in one dwelling unit. COUNCILMFN Requested by Department of: Yeas Nays orew N��os�. In Favor — iisttrr.an Scheibsi A ainst BY — sonn.� — g — Tedesco Wilson Form Approv b City Attorn Adopted by Council: Date CertiEied Passed by Council Secretary BY ey l Aparoved by Mayor: Date Approved by or for Submission to Council Rv —_ Rv � - C��7� ��5�/ Dwelling, two-family. A building designed exclusively for or occupied by no mo e than two ( 2) families living independently of each othe in two separate dwellin units. Dwelling, three-family. A building designed exclusively for or occupied exclusiv ly by no mor�e than three (3) families living independent y of each other in three separate dwelling units . - Dwelling, four-family. A building d�signed exclusively for or occupied exclusively by no more than four (4) families living independently of eac other in four separate dwelling units. Dwelling, multiple-fami y. A building, or portion thereof, designed exclusiv ly for occupancy by five ( 5) or more families living ndependently of each other in individual dwelling units. — Dwelling unit. A build'ng, or portior� thereof, designed for occupancy by one fami y for resideritial purposes a�� k�a��g--eeel��xg--€ae��es used or intended to be used for livin , sleeping, and co kin or eatinc urposes. Dwelliny, townhouse. A o e-family dwel::ing unit, with a private entrance , ?Nhich is p rt of a struci;ure whose dwelling unit� are attached horizon ally in a linear arrangement, se�a�a�ed--��ex�--e�l�e�--�we� }r�g--��s�--l�--a--�'3-�e--�a��--e� wa��s--e�c�e�d��g--#'��rt--�' i-o-r�--t�r�g�--�13e--�ee�--w}�k �e-�'�i�'�s,- an3 having a totally exposed front and rear wall to be used for access, ight, and vent;ilation. Secti n 4. That the term '�Floor Area" c ntained in Section 60.206 of the Saint Paul Legislative Code is am nded to read �is follows : Floor area. The sum o the horizontal areas of each floor of a building, measu ed from the �xt�-i-c��- i.nterior faces of the exte'rior wa ls or from '�he centerline of walls separating two buildi gs. The floor area measurement is exclusive of areas of basements , L�nfinished attics , 2. . . � � ��z-��-� attached garages , c�r space use for off-street parking or loading, breezeways, and enclosed and unenclosed porches , elevator or stair bulkheads a accessory structures. Sectio 5. That the term "Housing for th elderly" contained in Section 60. 208 of the Saint Faul Legisl tive Code is amended to read as follows : Housing for th�� elderly. A multiple-family structure, controlled by eit:her a pub ic body, institutional body, or non-profit corporation, 0 percent of whose occupants shall be 65 years of age o over.- , or a multiple-family . structure where E�ach unit is occupied by at least one person who is 55 years of age or over and is retired, and where the rental arran ement includes a re uirement that all members of each h usehold consume at least one meal per day in a congreg te dinin facility contained within the multiple�-family st ucture. Sectio 6. That the term "Lc�t coveray " contained in Section 60.212 of the Saint Paul Legis:Lative Code is amended as follows : Lot coverage. The part r percent of the lot occupied by the above gradE� portion o buildings ��-i��g-aeeesse�� bt��d��gs. Sectio 7. , That Section 60.44:3(2) of the Saint Paul Legislative Cocle is • amended to read as follc�ws : Rooming and rooming and boarding houses which are not community residential facilities ; provided, that �r�-a��}��e� �e-�t�e-�e�-a�ea-�e��-�l�e-dvae�� Q-t��}�;-a-�e�-a�ea-�s-g�e��de�l . • e�--er�e--�l�et�sar�c�---�;AAB--�tt pe-fe�t--��-r--�r-g�e��--�eer� ��--�=�-��-o�-�we•-�-�}--gtzes� �r�. a minimum lot area of ' 5,000 square fee�: be rov ded for the first two uest ' rooms and 1 , 000 square fe t for each additional est room. 3. � � �� 1�� Secti n 8 . That Section 60.452(2) of th Saint Paul Legislative Code is amended by renumbering it to 60.4 2(3) . " Secti n 9. That Section 60.452 of the S int Paul Legislative Code is amended by adding the following: (2) Support services wi hin elderly housin as ciefined in Section 60. 208 .H. includ'n limited food service, beaut salon and retail oods sal s areas not to exceed 5 ercent of the c�esi nated communit oom area. Secti n 10. That Section 60.462( 5) of he Saint Paul Legislative Code is amEnded by renumbering it to 6 .462(6) . Secti n 11 . 'I'hat Section 60.462 of t e Saint Paul Legislativ�� Code is amended by adding the followin : ( S) Support services ithin elderl housin defined i.n Section 60. 208.H. includ n limited food service, beauty salon and retail goods sale areas not to exceed 5 �ercent of the desi nated community oom area. Sectio 12. That Section 60. 532(2) (e) of the Saint Paul Legi:�lative Code is amended �o read as follow : (2) (e) Theaters , assem ly halls , auction halls , bingo ha11_s, concert halls , rece tion halls or similar places of assembly when conduct d completely within er�closec� buildings . . Sectio ].3. That Section 60. 542(6) of he Saint Paul Legislative Code is deleted in its entirety. 4. ' • �",�7/�� (6) 6e��ae�e�s'-sl�eps;-� -et��s��e-s�s�ageT Section ].4. That Sections 60. 542(7) to 60. 542(14) of the Saint Paul Legis- lative Code are amended by bei g renumbered as 60. 542(6) to 60. 542( 13) . Section ].5. That Section 60. 543 and Sec i.on 60. 544 of the Saint Paul Legislative Code are amended by being renumbered as Section 60. 544 and Section 60. 545 respectiv ly. Section J.6. That the Saint Paul Legisl t:ive Code is amended to add Section 60. 543 as follows : 60. 543. Required condit �ns . All business , storage, servicing or processin , ex ept for off-street parking, loadin , and those open air �;es indicated as being subject to special conditions in 60 '�44 below shall be conducted within completely enclosed bui dings• Section :_7. That Section 60. 613( 3) of th Saint Paul Legislative Code is amended to read as follows : ( 3) Outdoor storage are :a shall be fenced or walled. On those sides of the dis :^ict next abutting a public - � thoroughfare or any distri i; other than an industrial ' district, the fence shall be ��otally obscuring to a height of six (6) feet. C3�-t-dc}o-n--s� �a�e-�x��3-r�g--r}e�va--ax�er�e�}�e s�e�age--��-�-��-be-��n� ��--�k�Ee--3�r�kn�ec�-�3�}E}�-€ee� �e-a�}-�es�de��a�-d�s��e�s.- ' , Section =_8. . That Section 60. 623(2) of th Saint Paul Legislative Code is amended to read as follows : 5. . . ��-�� (2) Outdoor storage m y be permitted, but shall be fenced or walled. On th se sides of the district next abutti�g a public thoroughf re or any district other than an industrial district, the fence shall be totally obscuring to a height of six (6) feet, except where unusual topographic conditions render the effec of fencing useless. Ax��ee� s�e�age-�a-1�-�e�--b�-e�ese -��-��i�ee-�x�d-�}--E-304}--�ee� �e-a��-�es�de��}a�-�}s��}e�: Sectio 19. That Section 60.622(1 ) of he Saint Paul Legislative Code is amended -�o read as follows : ( 1 ? Any uses f-i-�t per itted in the I-1 District as "principal uses permitted" e cept rou da care and "princi- pal uses permitted subject to special conditions" provided that �hey meet at least he minimum conditions imposed in each district. Sectio 20. That the chart in Section 1 . 101 of the Saint Paul Legis- lative Code is amended to read as ollows : 1 ) .4dd the letter "j " in he "Minimum Width of Structures In Feet" column on the RT-1 . 2) Add note "g" to the "Area in Square Feet" column on the "RM-3 Multiple Family Residential" line to reference bonus ��rovisi�ns for in-struc ure parking, etc. Sectio 21 . That Section 61 . 101 (h) of t e Saint Paul Legislative Code is amended t;o read as follows : (h) In an RM-1 , RM-2, or RM-3 District, when two or more buildings are construct d on the parcel , there shall be a d�stancP of at least 30 eet between principal buildings. 6. . . � �-�-7_�� Secti n 22. That the chart in Section 61 . 105 of the Saint Paul Legis- lative Code is amended to read as follows: Add the letter "c" fo lowing the figure "4" in the Minimum Yard Setback, Fro t column in the P-1 Vehicular Parking row. Secti 23. That Section 62. 102(a) of he Saint Paul. Legislative Code is amended to read as follows : (a) Intent. It is th intent of tr�is code to permit legal nonconforming lots, structures , or uses existing on October 25, 1975, to c ntinue until they are removed but not to encourage thei survival . It is recognized that there exist within th districts es:tablished by this � code and subsequent amen ments, lots, structures, and uses of land and structure which were :Lawful before this code was passed or amend d which would be prohibited, regulated, or restricted nder the ter�ms of. this code or future amendments . For the purposes of this s ction, use me�ans the principal purpose for which land or a building is being occupied. A use will be presumed 1 gally nonconforming if it can be demonstrated by clear and convincing evidence that prior to December 13 , 1976 the use was established, con- verted, or enlarged and ccupied pursuant to building permits issued by the city of Saint Pa��l ; or if it can � be demonstrated by clear and convincing evidence that the particular use had b en in existence continuously for 20 years prior to Dece ber 13 , 1976. The burden of proof shall be on the a��e ��--�o�+--��nir��-t-o�-ee��}€}ea�e e€-eee��a�e�-as-�ke-Ease-r�a�r- e: property owner. � . Such uses are declared by this code tc� be incompatible � with permitted uses in th districts i.nvolved. It is , further the intent of this ode that nonronformities shall not be enlarged upon, expa ded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonc:onforming use of a structure, a nonconforming se of land, or a nonconforming use of a structure and land s all not be extended or enlarged 7. . ��7a�=y after passage of this code by attachment on a building or premises of additional s gns intended to be seen from off the premises , or by t e addition of other uses of a nature which wot�ld be prohi ited in the district involved. To avoid hardship, nothing n this code shall be deemed to require a chanc�e in the pl ns, construction or designated use of any building on which a tual construction was lawfully begun prior to the effective date of adoption or amendment of this code and upon whic actual building construction has been diligen�ly carried on. Actual construction is hereby defined t;o include the placing of construction materials in perm�inent positi n and fastened in a permanent manner; except that where emolition or removal of an existing building has been s bstantially begun preparatory to rebuilding, such demoliti n or removal shall be deemed to be actual co_zstruction, provided that work shall be diligently carried on until completion of the building involved. Section 24. That Section 62. 102(c) of th Saint Paul Legislative Code is amended to read as follows : (c) Nonconforming lots . I any district in which single- family dwellings are permitted, notwithstanding limitations imposed by other provisions f this code, a single-family dwelling and cust:omary acces ory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this code. This provision shall apply even though such lot fails o meet the requirements for area or width, or both, that re applicable in the district; provided that ya�^d dimension and other requirements not involving area or width, or oth, of the lot shall conform to the regulations for the district in which such lot is located. Yat�d requireme t variances may be obtained through approval of the board f zoning appeals. If three or more lots or com inations of lots and portions of lots with continuous stree frontage in single ownership are of record on the e.ffecti e date of this code or amend- ments thereto, an�� if all or part of the lots do not meet the requirements for lot w' dth and area as established 8 . � � �-�7--�� by this code , the lands i volved shall be considerAd to be an undivided parcel for the purpose of this code, and no portion of said parcel hall be used or occupied which does not meet lot width an area requirements estab�ished by this code, nor shall ny division of the parcel be made which leaves remainin any lot with width or area below the requirements state in this code. Sectio 25. That Section 62. 102(e) (8) f the Saint Paul Legis:Lative Code is amended to read as follows : (8) In any R-1 , R-2, R-3 and R-4 District, an ex:Lsting two family residential us shall not be nonconf<�rming as to the use of structure and land, and may be enl<�rged, extended, reconstructed or altered provided the m:inimum yard setback requirements f the �}s��}e�--�r�--wk}Eal�--}� �s--�eea�ed RT-1 District re met and that the m��ximum percentage of the lot occu ied by the main buildine� does not exceed that allowed. Sectio 26. 'I'hat Section 62. 103(b) of t e Saint Paul Legislative� Code is amended to read as follows : (b) Site plan required. No---b�x-i3�d-i-rzg--�e��;--a�eeg� €e�--e�e--a�d--�vae--€�r�t��- �-�i-r3gs-,--�a-1�-��e--��e�--�e� ��e-�3s-t��e-�i�-�-a��r- -�€'-#�-s��ee�-�r�-i�g--€ae��}��; e�--�-�re--p��-r�g-e�-a��-�x3�3 �i�eEl-�o-�,- No off-street parkin facilit shall be est blished, nor shall an existin , unimproved lot be paved u less and until the plsnning ' coramission has approved a si e plan for the facility m�eting the standards and regulatio s contained in this se�tion. Section 62. 104, and Section 62. 108. Si�e plans fcr one a��-��o to four family dweli ng units -s�a-�1 may be approved by the zoning administrator. Section 27. � That Section 62. 104( 3) of the Saint Paul Legislative Co3e is amended to read as follows : 9. - . �=�s�� (3) Parking facility lo ation: non-residential . Off- street parking for other han residential use shall be either (a) on the same zoning lot, (b) in a P-1 Vehicular Parking District, or (c) wit in the same or a less restric- tive zoning district as th principal use and within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parki g lot. Sectio '�8. That Section 62. 104( 11 ) of the Saint Paul Legislative Code is amended to read as follows ( 11 ) Setback. Except as otherwi�e provided in Section CA.-��4 60. 573( 3) or Section :�.-03r(� 61 . 103(a) , off-street parking spaces shall not b within a required front or side yard and shall be a m'nimum of four feet from any side lot line. Section :?9 . That Section 62. 106(2) of th Saint Paul Legislative Code is amended to read as follows : ( 2) Accessory buildings , >tructures or uses shall not be erected or established in -a�r� a required yard except a rear yard. - On corner lots , accessory build'n s, structures, or uses shall be set back from the stre t a distance equal to that of the principal structure. When an accessory building str• cture , or use is constructed in a rear yard which adjoin�; a side or front yard, the accessory building, structure or use shall be set back from the interior lot line a istance equal to the minimum side yard required in the distr' ct in which located. On all other lots , � accessory buildings shall be set back at least three feet from all in erior lot lines. This setback requirement of t ree feet from all interior lot lines shall be waived w en a maintenance easement 10. - . ��7 ll�� is rerorded on the deeds of all affected properties and when proof of such record d easement is provided at the time c�f application for a building permit. The recording of th� maintenance easemen shall be interpreted to mean that the following intents and purposes of this setback requirement are met: (a) Adequate supply of sunli ht and air to adjacent property; (b) Sufficient space for m intenance of the building from the same lot ; and (c ) Prevention of damage o adjoining property by fire or runoff from roofs. � Sectio 30. That .>ection 62. 106( 5) of he Saint Paul Legislative Code is amended to read as follows : ( 5) In those instances here the rear lot line or a side _lot line is cotermino s with the alley right-of-way the accessor_y building shal not be closer than one foot to such rear lot lines. Sectio 31 . That Section 62 . 108(a) (7) f the Saint Paul Legislative Code is amended to read as follows (7 ) All off-street parki g facilities -�'o�--�er�-�--�e�e sgaees .- except as noted in se tion 62. 103(b) . � Sect on 32. That Section 62.108 (d) of t e Saint Paul Legislative Code is amended to read as follows : ' . (d) Compliance and time requirements. The plar�ning commission may make such equirements with respect to . the a�bove matters as to ssure compliance with them. When �hanges are required, the revised site plan shall be su�mitted within six mont s from the date the applicant was notified of required chan es. The planning administrat- or ma�� grant extensions. The property must be brou ht 1 . � . �s�l�� into com liance with the roved site lan within one ear of the date of appr val or as otherwise specified by the zoning administrator. Sectio 33. That Section 62. 112 of th Saint Paul Legislative Code is amended to read as follows : 62. 112 . Corner clearance. No fence, wall , shrubbery, sign or other obstruction to vision above a height of two (2) feet from the es� b�}sl�e�-�-t��t--g�a�e�s average grade of the property shall e permitted within the triangu- lar area formed at the inter ection of an°� street right-of- way lines by a straight lin drawn betwe�en said right-of- way lines at a distance along each line equal to the minimum setback lines from their point of intersection. Section 34. That Section 64. 300 of the Saint Paul Legislative Code is amended by renumbering 64. 300(e) through 64. �00(g) as 64. 300(f) through 64. 300(h) . Section 5. That Section 62. 113 of the Saint Paul Legislative Code is moved in its entirety and ren bered as subd. 5 of Section 64. 300(e) . Section 6. That Section 63. 107 of the Saint Paul Legislative Code is amended to read as follows : 63. 107 . Projection into yards . (�►) Overhangs, a�� decorative details, and bay indows mau project into a required yard sixteen (16) 'nches plus two (2j inches for each foot of width of the r quired side yard. (b) Open, unenclosed, uncovered steps or platforms not ex- ceeding two feet in height ay project: three ( 3) feet into a required yard. , 12. _ . . ��7-��5� (c) Ramps for the handicapped are exempted and may project into requi red yard:�. (d) Chimneys and fireplaces may project one foot into a required yard. (e) Attached ve�.tibules an greenhouses not exceeding twenty (20) square� feet in ar a may pro j ect into a required front or rear y Section 37. That Section 64. 100 of the Saint Paul Legislative Code is amended to read as fc�llows : � 64.400. Enfoi�cement. he director of the division of �o��g--a��--b�-il�-i-�g-�- �€o�er�er}� building inspection and design withiri the depa tment of community services shall enforce this code and is hereby designated the zoning administrator. Section 38. 66.405 . ExemF�tions. T e following signs shall not require a ��eer�sE� permit. These exemptions shall not be construed as relieving th owner of the sign from the responsibility of its erect on and maintenance, and its compliance with i;he provisi ns of this chapter or any other law or ordin��nce regulat ' ng the same. ( 1 ) The changing oi' the d.ispla surface on a pointed or printed sign orily. Howe•✓er, this exemption shall apply , only to poster replacemen and/or on site changes in- ' volving sign p�iinting els here than directly on a building. (2) Signs six squar•e feet or less in size. • . ( 3) Lettering on mator vehicl s when not utilized as a parked or stationary c;utdoor dis lay sign. � � (4) Political sign�: . 3. ----_--------- -- ------ — W N7 TE �•C I T Y C l ER K ' —— —--�_�� —��'_----�—' �—� PINK � FINANCE CO1�lnCII �� / CANARY - OEPI�RTMENT GITY OF S INT PAUL /'�iy� (� BLUE -MAVOR File NO. ��`�ylv / • T� Or i �nce Ordinance N�. Presented By Referred To Committee: Date Out of Committee By Date Sectio 39. This Ordinance shall take ffect and be in force thirty ( 30) days from and after its pa sage, approval and publication. 14 COUNCILMEN Requested by Department of: Yeas Nays Drew N;�S;, In Favor ' Rettman Sehsibel A gal RS t BY Sonnen Tedesco Wilson Adopted by Council: Date Form Approv by City Attorney Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved b ayor for Submission to Council Bv BY : a � , � ��—��y city of saint paul , planning comm�ssion resolution fiie number_ 87-9� date August �4 , �98� WHEREAS, the Saint Paul Planning Commission b resolution #86-03 initiated TEXT AMENDMENTS VI as a 40 acre study consist nt with the provisions of Minnesota Statutes 462.357 (5) and Section 64 400 of the Saint Paul Legislative Code for the purpose of consideri g needed amendments to chapters 60 through 64_ of the Saint Paul Legislative C de; and WHEREAS, the Planning Commission following pu lication of notice as required by Minnesota Statutes 462.357 (5) on June 19, June 26, and July 3, 1987 held a public hearing on July 11, 1987 to consider t e proposed amendments at which hearing all persons present were given an opp rtunity to testify concerning said amendments; and WHEREAS, the Zoning Committee has considered 11 testimony received at the public hearing together with the proposed ame dments and found them to be necessary to uphold the provisions of Section 60.101. Intent and purpose of the code; NOW, THEREFORE, BE IT RESOLVED, that the Sain Paul Planning Commission recommends approval of TEXT AMENDMENTS VI, an directs the Planning staff to forward said document to the Mayor and City C uncil for their review and approval. moved by MnRTnN seconded by REPKE - in favor �-ouS . aga�nst- .� .� � � � . �� D D D D ZONING T XT AMENDMENTS VI The Sai t Paul Zoning Code is one of several tools which the city employs to manage e use of land for the protection of prop rty values, the preservation of health, safety, and general well being of the cit 's residents. To be an effective tool, t e zoning code must be updated pe- riodica ly, accommodating changes in our technol gy, lifestyle , and thinking. Since t e adoption of the current zoning code in 1975, the zoning text has been up- dated f've times. The last major group of changes, Text Amendments V, became effec- tive in February of 1985. BACKGROUND In Janu ry of 1986, the Planning Commis- sion ad pted Resolution #86-03 suthorizing . a fort acre study (see copy attached) based o its discussion " . . .concerning the need f r new zoning legislation for ' . . .rev ew and re-evaluation of this (the zoning) code. . . 'to clarify language, and add ne definitions under the terms and conditi ns of Section 64.400 of the Saint Paul Le islative Code; . . ."etc. Given he current emphasis on the "need for be ter enforcement of the city' s Zoning Code and other city regulations" that h s been expressed on a city-wide basis ring the Mayor's Better Neighbor- hoods rogram it is now appropriate to raise t e priority on these matters. AMENDMENTS 1. Add tions to code. Proposed additions to he code include "air conditioning con ensers" defined as accessory uses , define "artist ' s studios" , req ire a minimum width for two family ' dwe lings, and allow the use of "bonus pro isions" in the RM-3 Multi-Family hou ing zone. 2, e isions in definitions . Proposed Rev sions to the definitions section, cla ify "dwelling unit" definitions, cha ge the measurement points for DIVISION OF PLANNING•DEPARTMENT OF PLANNING1AN ECONOMIC DEVELOPMENT•CITY OF SAINT PAUL CITY HALL ANNEX•25 WEST FOURTH STREET, SAINT P UL, MINNESOTA, 55102•TELEPHONE 612-292-1577 : . . , �-�;.�_�� dete ining floor areas, augment the defi ition of "elderly housing" , and remo e "accessory buildings" from the lot overage definition. 3. Chan es in ermitted and conditional uses. Nine revisions are proposed for the portion of the code which deals with permitted uses and special condi- tio uses by zoning classification. Thes include; Simplification of the lot area requirement for rooming & boar ing houses, expanding permitted uses in the RM-2 & RM-3 zones to allow "se ices" for seniors, expanding the pe itted uses in the B-2 zone to in- clu e auction, bingo and reception hal s, removing the 300 foot distance req irement for outdoor storage in the I-1 & I-2 zones , and expanding the pe itted uses in the I-2 zone to in- clu e all uses permitted in the I-1 zon ng district. 4. Cha es n eneral rovisions . Pro osed revisions to the General Pro isions of the Zoning Code (Chapter 62) provide for clarification of res onsibilities , tightening of res rictions on non-conforming uses, cor ect text errors, expand eligible zon s for commercial parking and move the "determination of similar use" to a ore appropriate section of the tex . In general, these proposed ame dments are of a housekeeping na- tur . METHODOLOGY The re ort presents a brief description of the t pe of amendment proposed, the propos d language and a discussion of the reason for the change. New language to be added o the zoning code is underlined. Langua e which is to be removed from the code i daske�-�Hre�gk: 2 . _ � . . �-�� 2.0 REVISIONS TO CHAPTER 60: ADOPTION, PURPO E� DEFINITIONS� DISTRICT USES 2.01 Section 60.201 ACCESSORY USE DEFINITION) Page 3 Add air onditioning condenser unit New Section (13) Air condi ionin condenser DISCUSSION Air conditioni g condenser units are clearly ac- cessory to the use of a structure for commer- cial, industr al, or residential purposes and must be approp iately located on the zoning lot with the princ pal use. However, units of this type often pr sent an unsightly "industrial equipment" app arance, and generate significant noise when in peration. Appropriate placement of these units would be in a rear yard location, or in anothe non-required yard area with adequate provi ions for screening. Units lo- cated in non- equired yard areas should be at least three fe t from the lot line of any abut- ting property. 2.02 Section 60.201 ARTIST STUDIO ( EFINITION) Page 4 Add Artist studio New Section Artist's studi . A lace desi ned to be used or used as bot a dwellin lace and a lace of work b an art st artisan o crafts erson in- cludin erso s en a ed in the a lication teachin or rformance of fine arts such as but not limite to drawin vocal or instrumen- tal music ain in scul ture and writin . DISCUSSIO Artist's Studio are a permitted use in the OS-1 zoning distri t. The practice of living in one's studio h s been questioned in the past. Defining artist studios in the suggested manner makes it clear that the use is not subject to the ordinary re trictions on residential use of commercial prop rty. 2.03 Section 60.204 DWELLING (DEFIN TIONS) Page 8 Clarify d elling unit definitions Proposed Revisions Dwelling, one-f mily. A building designed ex- clusively for nd occupied exclusively by one family in one d ellin unit 3 � � � � � . (�=�7 l��-�/ Dwelling, two family. A building designed ex- clusively for or occupied by no more than two families livi g independently of each other ,� two se arate wellin units Dwelling, thr e-family. A building designed ex- clusively for or occupied exclusively by no more than three f ilies living independently of each other n thre se arate dwel in units. Dwelling,four family. A building designed ex- clusively for or occupied exclusively by no more than four fam lies living independently of each other n four se arate dwellin units. Dwelling� mul iple-family. A building, or por- tion thereof, designed exclusively for occupancy by five or mo e families living independently of each other n individual dwellin units. Dwelling unit A building, or portion thereof, designed fo occupancy by one family for residential purposes--and�-t�e�txg--eeodciag €acilittes u ed or intended to be used for livin slee in and cookin or eatin ur- poses. ISC S ON Building Ins ection and Design Division staff have had diff culty in prosecuting owners of il- legal units , in part because of the various "dwelling" de initions. When an owner of an il- legal "two-u it dwelling" was cited, the judge found that f the stove were unplugged, the tenant would not have cooking facilities, and therefore, it would not meet the definition of a "dwelling unit" . At a later time, a tag issued for use of a ^'three-family dwelling" had to be dropped beca se the stove had been removed from the third uni , and it was not possible to prove that the occ ant was not related to someone in another unit. The Director of the Building In- spection and Design Division believes that the amendments p oposed above will help close some of the loop- les created by the current defini- tions. � 4 . : - . G�� i�,s-�, 2.04 Section 60.204 DWELLING, TOWNH USE (DEFINITION) Page 9 Clarify d finition . Proposed Revision Dwelling, tow house . A one-family dwelling unit, with a p ivate entrance, which is part of a structure wh se dwelling units are attached horizontally i a linear arrangement, segara�ed €ro�-�tt�er-d ��ag-u�rits-by-�--€t�e-�,+$-11-o� Wa��s-ex�eadiag €�ea-€exada�fes-�k�et�gk-�ke-�ee€ r�it�r no-epeaia s, and having a totally exposed front and rea wall to be used for access , light, and vent"lation. ISCUSSIO The required s paration between townhouse units is specified i the State Building Code. There is no need to i clude it in this ordinance. 2.05 Section 60.206 FLOOR AREA (DE NITION) Page 10 Change me surement points Proposed Revision Floor area. e sum of the horizontal areas of each floor of building, measured from the ex- ; i �e�3e� nterio faces of the exterior walls or 1 t °` �' fro� the cent rline of walls separating two I Y y buildings. T floor area measurement is ex- .1 . ��- �15�7 clusive of are s of basements, unfinished at- tics, attached garages, or space used for off- street parkin or loading, breezeways , and enclosed and nenclosed porches, elevator or stair bulkheads and accessory structures. DISCUSSI The area under the walls is not usable for any- thing but the upport of the wall. The effect of this change ould be negligible in terms dif- ference in the amount of space. Measurement of existing struc ures will provide more reliable data for chang in use. 2.06 Section 60.208 HOUSING FOR TH ELDERLY (DEFINITION) Page 11 Updates efinition to reflect the housing needs of early retirees ' Proposed Revision Housing for t e elderly. A multiple-family structure, con rolled by either a public body, institutional ody, or non-profit corporation, 80 percent of hose occupants shall be 65 years of age or over or a multiple-family structure where each uni s occu ied b t least one er- son who is 5 ears of e or over and is 5 . : .� � , � � ��/� s�f etired and ere the rental arran ement in- cludes a re ui ement that all members of each household cons e at least one meal er da in a con re ate dini facilit contained within he ulti le-famil tructure ISCUSSIO Current housing development programs operated by the federal D partment of Housing and Urban Development (HU ) include a category of housing meeting this de inition. The issue is important since multipl -family housing must meet the definition of " lderly housing" to qualify for a reduction in r quired parking space which is needed to cons ruct this housing under public financing const aints. 2.08 Section 60.212 LOT COVERAGE (D FINITION) Page 12 Deletes a cessory buildings Proposed Revision Lot coverage. The part or percent of the lot occupied by the above grade portion of buildings #.se��ixg-aeees e�y-bn��ags: ISCUSS 0 Accessory buil ings, structures and uses are regulated by Ch pter 62. Section 106 Accessory buildings and t e inclusion of the term in this definitions sec ion is improper and unnecessary. 2.09 Section 60.443 RM-1 SPECIAL CO DITION USES Page 28 Simplifie lot area requirements Proposed Revision Rooming and ro ing and boarding houses which are not commu ity residential facilities , provided that, -adc�rtioa-�o-�ke-�ot--a�ea-€e� Eke-d��llitrg-� ��;--a-�o�--a�es-�s-�r��i�ed-e€ �;AAA-sqxare-#'e t-�o�-eecdr�r�st-r-ooiR-�a-exeess e�-�tiao-g�es�-�e ffis: a minimum lot area of 5000 s uare feet be rovided for the first two uest rooms and 1000 uare feet for each additional �uest room. DISCUSSION � The current text is unnecessarily confusing. 2.10 Section 60.452 RM-2 PRINCIPAL U ES PERMITTED Page 29 Expands pe mitted uses to elderly services 6 � � . �� . � �-�-,_,� � Proposed Revision (2) Su ort e ces within elderl housin as defined in section 60 08 H (as revised above)j includin lim ted food service beaut salon nd retail oo s sales areas not to exceed 5 ercent o the esi nated communit room area. Renumber curre t paragraph (2) as paragraph (3) ISCUSSI There does not appear to be any public purpose served by hold g a public hearing for a special condition use ermit to allow limited facilities of this type. 2.11 Section 60.462 RM-3 PRINCIPAL SES PERMITTED Page 30 Expands ermitted uses to elderly services Proposed Revision (5) u o s rvices within elderl housin defined sec ion 60 08 H (as revised above)i ncludin im ted food service beaut salon and etail o ds sales areas not to exceed 5 ercent of the desi nated communit room area DISCUSSION There does not appear to be any public purpose served by hol ing a public hearing to allow limited facili ies of this type. 2.12 Section 60.532 B-2 PRINCIPAL SES PERMITTED Page 35 Expands ermitted uses Proposed Revision (2) (e) Theate s, assembly ha1ls,Auction halls. bin�o halls. c ncert halls, reception halls or similar places of assembly when conducted en- tirely within nclosed buildings. ISC SSI N The recommenda ion is made on the basis of the decision reach d on the Ideal Hall case. The proposed code revision clearly establishes the appropriate zo ing classification for the uses eliminating t e need for "determinations of similar use" n the event other locations are ' sought. 2.13 Section 60.542 B-3 PRINCIPAL SES PERMITTED Page 35 Deletes uplicate language Proposed Deletion (6) 6efl��ae�e� L-skegs;-ne-exEside-s�e�age. 7 � � � � � � . �� Renumber curre t paragraphs 7 to 15, as 6 to 14. DISCUSSI N Contractors' s ops with no outside storage are a permitted use in the B-2 zoning district. They are therefore included under the provisions of section 60.542 (1) , 2.14 Section 60.543, & 544. B-3 CONDITIONS FOR PERMITTED USES. Proposed Addition Required con itions . All business. stora� ervicin or rocessin exce t or ff-street arkin oadi and those o en ai uses ' di- cated as bein sub e t to s ecial conditions in 60 544 below shall be conducted within com- letel enclosed bui din s Renumber curr nt sections 60.543 and 60.544 to read 60.544 a d 60.545 respectively. ISCUSS ON The proposed language makes the intent of the ordinance cle r with respect to outdoor storage in the B-3 di trict. 2.15 Section 60.613. I-1 REQUIRED ONDITIONS Page 49 Remove istance requirement Proposed Revision (3) Outdoor storage areas shall be fenced or walled. On those sides of the district next abutting a p blic thoroughfare or any district other than industrial district, the fence shall be tot lly obscuring to a height of six feet. 9�rt --st�r�age-e�eep�iag-aev-axfe�ebi�e s�e�age-ska��-se�-be-e�ese�-�ka�-38A-�ee�-�e-apy �es��ea�ia�- is��e�; and, SCUS ON The purpose of the separation is primarily visual, and his distance requirement is redun- dant since m terials stored are to be screened from view by a fence or wall. Other nuisances can be handl d through public health ordinances. This provisi n of the code is not currently en- ' forced. 2.16 Section 60.623. I-2 REQUIRE CONDITIONS Page 51 Remove distance requirement Proposed Revision (2) Outdoor storage may be permitted, but shall be fenced or walled. On those sides of the dis- 8 , �� . - , ��7� _� trict next abu ting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet, exce t where unusual topographic con- ditions render the effect of fencing useless. At��dee�-�t�r -s�►a��--so�-�-e�ese�--t�rair-38A €ee�-�e-a�y-�'e i�ea��e�-dis��3e�: DISCUSSI The purpose o the separation is primarily visual, and th s distance requirement is redun- dant since mat rials stored are to be screened from view by a fence or wall. Other nuisances can be handled hrough public health ordinances. This provision of the code is not currently en- forced. 2.17 Section 60.622 I-2 PRINCIPAL U ES PERMITTED Page 51 Add other uses as permitted uses Proposed Revision (1) Any uses €3 s� permitted in the I-1 District as "principal ses permitted" excent t�roup day care and . . .etc ----- DISCUSSIO All business ( -1. B-2, & B-3) uses are per- mitted in the I-1 Zone, while only those" first permitted . ."in the I-1 zone are permitted in the 1-2 zon . Clearly, uses allowed in the I-1 zone will n t hurt I-2 neighbors. We do not have a growing emand for I-2 zoned land, and it appears unneces ary to "protect" such land from encroachment by I-1 uses. 3.0 REVISIONS TO CHAPTER 61, SCHEDULE OF REGU TIONS 3.01 Section 61.101 RESIDENTIAL DIS RICTS (REGULATIONS) Add Minim Width requirement Proposed Addition Add the letter "j " in the "Minimum Width of Structures In F et" column on the RT-1, line on Page 60 to refe ence note � on page 62. requir- ing that Duplex structures also have a minimum ' width of 22 fee . DISCUSSIO The minimum st ucture width for single family homes is 22 fe t. This minimum should also apply to a structure designed for two family oc- cupancy. 9 . : , . . � , ��-�� 3.02 Section 61.101 RESIDENTIAL DI TRICTS (REGULATIONS) Pages 60, 62 Allow "B nus Provisions" for RM-3 uses Proposed addition Add note "g" t the "Area in Square Feet" column on the "RM-3 ultiple Family Residential" line to reference onus provisions for in-structure parking etc. 1 sted as note "g" on page 62. DISCUSSI N Note "g" prov'des a bonus for the provision of underground o in-structure parking in multi- family zoning districts. When requested for structures in the RM-3 zone, it has always been granted as a reasonable interpretation of in- tent of the ode": Its omission in the RM-3 zone appears o be an oversight which should be corrected. 3.03 Section 61.101 RESIDENTIAL D STRICTS (REGUTATIONS) Clarify language Proposed Revision (h) In an RM-1 , RM-2, or RM-3 District, when two or more uildings are constructed on the parcel, there shall be a distance of at least 30 feet between rinci al buildings. DISCUSS ON The Building Code provides that only a 6 foot separation i required between a principal structure and an accessory structure. 3.04 Section 61.105 SPECIAL DISTR CTS (REGULATIONS) PAGES 69 & 70. Correct error of omission Proposed Revision Add the lett r "c" following the figure "4" in the Minimum Y rd Setback, Front column in the P- 1 Vehicular Parking row on page 69 . To reference not "c" on page 70, DISCUSS ON The applicabl restrictive notes to the Schedule ' of Regulatio s should be clearly referenced in the Schedule Table. The reference was inadver- tently omitte ON TEI Notes " " & "c" which appear in the 8 1/2" by 11" print d version of the code applied to the ES-1 Zon ng District which was deleted by Ordinance 17 04, June 15, 1985. They are to be 10 . � : - �� 7�� removed in the ext update of the Zoning Code. Note "d" become note "b", and note "e" becomes „Cn 4.00 REVISIONS TO CHAPTER 62, GENERAL PROVISI NS 4.01 Section 62.102 NONCONFORMING TS,ETC. (REGULATIONS) Page 71 Clarify b rden of proof responsibility Proposed Revision " . . .The burde of proof shall be on the ep- p�feaa�-€e�-e-g �f�-e�-6e��f€�ea�e-e€-Aeet�paaey as-�ke-ease-�ay be:�roperty owner SCUSSIO Illegal units a e not always found in connection with applicatio s for a permit or certificate of Occupancy. If a unit of questionable legality is found, the owner should establish proof of the unit's leg 1 status, if such status cannot be reasonably termined under the provisions of 64.101 (2) . 4.02 Section 62.102 Subd. 2 NONCONFORMING TS. (REGULATIONS) Page 72 Clarify view responsibility Proposed Revision " . . .Yard requi ement variances may be obtained through approv 1 of the board of zonin appeals. DISCUSSI N Because the Ci y has two boards of appeals, and yard variances are clearly a responsibility of the zoning fun tion, this passage should specify the board of z ning appeals, to avoid confusion. 4.03 Section 62.102. Subd 5. NONCONFORMING U E (REGULATIONS) Page 74 Tighten estrictions Proposed Revision (8) ". . .an existing two-family residential use shall not be onconforming as to the use of structure and land, and may be enlarged, ex- tended, recon tructed or altered provided the minimum yard etback requirements of the dis- ' �r-i-ct-fa-�hie� it-ts-�eea�e� RT-1 district are met. . ."etc. ISCUSSI N A confora►ing d plex requires a 9 foot sideyard setback. A the text now reads , a non- conforming du lex in an R-4 district would 11 _ . . : . - . . . ��7--�� require a si eyard setback of only 4 feet, giving the no -conforming structure an advan- tage. 4.04 Section 62.103. Subd. 2 PARKING REQUIR ENTS (REGULATIONS) Page 75 Clarifie regulation, Provides for ad- ministra ive review authority. Proposed Revision Subd. 2. Site lan required. No-�u�l�i�g-pe�- ffi3�;-�xe�ept-€ �-oi�-ar�d-two--f,a�r�js-dWe��#ags; ska��-be-�ss�e -�o�-�tk��cor►�t��tiorr�f--aa}�-seW e€€-s��ee�-�r -i�►g-€aef��y;--o�-the-�,av�i�g-e€ eay-exfs�iag-t� fa►greved-�e�; No off-street park- n facilit s all be established nor shall a xistin unim oved lot be aved unless and un- til the planni g commission has approved a site plan for the f cility meeting the standards and regulations co tained in this section, Section 62.104, and Se tion 62.108. Site plans for one aad-�We o fou family dwelling units ska�� may be approved by the zoning administrator. DISCUSSI Using this lan uage, simple plans for garages and parking pa s could be approved by the Build- ing Inspection nd Design Division, however, the subdivision gi es that agency the authority to require site pl n reviews for problem cases. 4.OS Section 62.104 PARKING FACILI IACATION (STANDARDS) Expand eligible parking zones, commercial Proposed Revision (3)Parking fac lity location: non-residential. Off-street par ing for other than residential use shall be e'ther (a) on the same zoning lot, (b) in a P-1 V hicular Parking District, or (c) within the saa or a less restrictive zonine district as t e principal use and within 300 feet of the bu lding it is intended to serve, measured from he nearest point of the building to the nearest point of the off-street parking lot. DISCUSSIO , Requiring a pro erty owner to rezone or downzone a property to rovide parking for a use which can be located in less restrictive district is unnecessary, nd may in fact discourage the development of eeded parking facilities. 12 . : - . ��7-�� , 4.06 Section 62.104 OFF-STREET P ING (STANDARDS & DESIGN) Page 83 Correct ext reference errors Proposed Revision (11) Setback. Except as otherwise provided in Section 68:��4 60.573. (3) or Section 6�:�A3-fb� 61.103 (a) . of -street parking spaces shall not be within a r quired front or side yard and shall be a mi imum of four feet from any side lot line. SCUSS N The section re erence numbers were not properly corrected when the text was last updated, and are in error. 4.07 Section 62.106 ACCESSORY BUI INGS (REGULATIONS) Page 85 Clarifica ion and addition Proposed Revision (2) Accessory buildings , structures or uses shall not be erected or established in a required yard e cept a rear yard. On corner lots, accessory buildines, structures, or uses shall b set back from the street �,s},�,�,,: ta e 1 u When an accesso y buildine. structure, or use is constructed in rear yard which adjoins a side or front yard, he accessory buildine, structure or use shall b set back from the interior lot line a distanc equal to the minimum side yard required in the district in which located. DISCUSSIO 1. Parking spa es should meet at least the same minimum setback requirements as garages. 2. The proposed ch nge allows garages to be closer to the corner t an the house if the house has an extraordinaril large sideyard setback, and would require a garage to have a greater setback than the house 'f the house has no sideyard set- back. 3. Th third paragraph can be incor- porated into t e second paragraph because the problem is uniq to corner lots. 4.08 Section 62.106 ACCESSORY BUILDI GS (REGULATIONS) Page 86. Clarificat on Proposed Revision (5) In those in tances where the rear lot line or a side lot li e is coterminous with the alley right-of-way the accessory building shall not be closer than one oot to such �ea� lot lines 13 .f� � �. � . C�.r�� . ISCUSSI N The regulation as it stands is unclear in "t" alley situatio s. 4.09 Section 62.108. Subd.l SITE PLAN REVI W (REQUIREMENTS) Page 87. Tightens plan review requirements Proposed Revision (7) All off-st eet parking facilities €e�-�ep-e� ao�e-sgaees: e ce t s noted in section 2 103 Subd. 2 ISCUSS N Commercial par ing lots for fewer than 10 spaces often have pro lems and should go through site plan approval. However, garages for up to four units are rare a problem. Since we are recom- mending that 6 .103.Subd.2 allow approval by the Building Inspe tion and Design Division, this section should be changed to provide consistent regulation. 4.10 Section 62.108. Subd. 4 SITE PLAN COMPL ANCE (TIME REQUIREMENTS) Page 89 Clarifies responsibility e ro ert st be brou ht into com liance with the a rov d site lan within 1 ear of the date of a rov 1 or as otherwise s ecified b the zonin admi istrator. SCUSSIO If no security agreement is required and there is no buildin on the site , nothing in the zoning code req ires conditions of the site plan to be met. Th refore, we have no suthority to order complian e. This amendment would also give the zonin administrator the authority to set a deadline ependent upon the length of con- struction, an season of completion for the project. 4.11 Section 62.112 CORNER CLEARANC (REQUIREMENTS) Page 91 Clarifica ion Proposed Revision Corner clearan e . No fence, wall, shrubbery, sign or other obstruction to vision above a height of two eet from the estab��sh�ec�-s��ee� g�e�es vera e rade of the ro ert shall be permitted withi the triangular area. . ." etc. 14 : � : � . � ` . C��- ��s�. ' DISCUSSI N Corner lots often need retaining walls of greater height. In addition, policing of shrub- bery height is nearly impossible. 4.12 SECTION 62.113 SIMILAR USES ( ETERMINATION) Page 91 Change 1 cation in text Proposed Change NOTE! This e ire section is out of place at this location. The section should be deleted as Section 62.11 in its entirety, and added to Section 64.300 as Subd. 5, and renumber current subdivisions 5 through 7 as subdivisions 6 through 8, P ge 100 SCUSSI N The functions f the section clearly belong un- der the sectio on planning commission and plan- ning administr tor approval 5.00 AMENDMENTS TO CHAPTER 63, 20NING CODE - ENERAL ERCEPTIONS 5.01 Section 63.107 PROJECTION INT YARDS (REGULATION) Page 94 Clarifica ion Proposed revision Pro�ection into yards. Overhangs,aad decorative details , and a windows may project into a required yard 6 inches plus 2 inches for each foot of width o the required side yard. ISCUSSIO Bay windows ar a decorative detail on a home and should be specifically included here to avoid any misun erstanding. 6.00 AMENDMENTS TO CHAPTER 64, ADMINISTRATION AND ENFORCEMENT, AMENDMENT ETC. 6.01 Section 64.100 ENFORCEMENT, (Z NING ADMINISTRATOR) Page 95 Change of title Proposed revision Enforcement. The director of the division of �otrsi�rg- -ar�d-bu��ding-�,�od�e-eR€e�ee�eR� buildinQ ins ection and esi n within the department of community servi es. . ." ISCUS IO The operative section has been renamed. 15 � �. � �(� _ ' ��-l�� 7.00 AMENDMENTS TO CHAPTER 66, SIGNS, (EXEMP IONS) 7.01 Section 66.405 EXEMPTIONS (CE AIN SIGNS) Page 137 Proposed Revision Exemptions . The following signs shall not require a 1-i ase permit. These exemptions shall not be construed as relieving the owner. . .etc. ISCUSSI N Contractors ar "licensed" , A "permit" may or may not be req ired to erect a sign. 16 ��:r��,� '��4 CtT! O+ �� CITY OF SAINT PAUL a ��;��,,,, ; DEPARTMENT O PLANNING AND ECONOMIC DEVELOPMENT �♦ �� a° DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 �sN 612-22&3270 GEORGE LATIMER MAYOR MEMORANDUM . ,:_^^ �, - �. ..- � �, DATE: December 1, 1987 - r ' " T0: City Council Members FROM: Chuck McGuir��i RE: Amendment 2.12 Section 60.532 B-2 P incipal Uses Permitted (page 35) (2) (e) Theaters, Assembly Halls, Auction Halls, Bingo Halls, Concert Halls, Rece ti n Halls, or Similar Places of Assembly when Conducted E tirely Within Enclosed Buildings Historically the Planning Commission has r commended amendments to the Zoning Code designating certain uses as "Permitte Uses" in a particular zoning district following "Determination of Simil r Use" actions brought under Section 62.113 Similar Uses of the Saint P ul Legislative Code. In Zoning Code Text Amendments I, duplicating, steno services and studios of artists were added to the OS-1 list of permitted u es. Similarly, dance schools were added to the B-1 list of permitted uses, a d racquet ball and handball courts, dance halls, and electronic game rooms wer added to the B-2 list of Special Condition Uses, following Planning Commiss on Determinations of Similar Use. In the Ideal Hall case, the zoning for the underlying property was and continues to be B-1. In fact, the owner o the property petitioned to have the property rezoned to the B-2 classifica ion so that the use of the property would be "Legal" instead of having its cur ent "Legal Non-Conforming Use" status. Listing the "Ideal Hall type uses ' , which are "Auction Hall, Bingo Hall, and Reception Hall" , as Permitted Us s in the B-2 Zone, clearly establishes that these uses are not "Permi ted Uses" in the B-1 Zone and, therefore, may only continue at the presen location in the B-1 Zone so long as the use continues to meet the condition and restrictions placed on non- conforming uses, unless property is rezone to the less restrictive B-2 Zone. The testimony of area neighbors, which wei hed heavily against the rezoning of the Ideal Hall property to a B-2 classific tion, was more opposed to the possibility of establishing other, potenti lly more offensive B-2 uses at the site than it was opposed to the continued peration of the Ideal Hall as a bingo and reception hall. The Zoning staf report on the proposed rezoning to B-2 for the property was couched in the s e terms; that is, the B-2 Zone is inappropriate for the location; however, e staff supports inclusion of these uses in the B-2 permitted use category. CLMG/bp �� r-i�_�`� �e~`t T 7 O''. CITY OF SAINT PAUL � ��;,� ; DEPARTMENT OF LANNING AND ECONOMIC DEVELOPMENT • � DIVISION OF PLANNING 25 West Fourth Sfreet,Saint Paul,Minnesota 55102 ,•s• 612-22&3270 GEORGE UTIMER MAYOR M E M 0 R A N D U M DATE: December l, 1987 T0: City Council Members ,y.�� FROM: Chuck McGuire f,, " RE: Amendment 2.12 Section 60.532 B-2 P incipal Uses Permitted (page 35) (2)(e) Theaters, Assembly Halls, Auction Halls, Bingo Halls, Concert Halls, Rece ti n Halls, or Similar Places of Assembly when Conducted E tirely Within Enclosed Buildings Historically the Planning Commission has r commended amendments to the Zoning Code designating certain uses as "Permitte Uses" in a particular zoning district following "Determination of Simil r Use" actions brought under Section 62.113 Similar Uses of the Saint P ul Legislative Code. In Zoning Code Text Amendments I, duplicating, steno services and studios of artists were added to the OS-1 list of permitted u es. Similarly, dance schools were added to the B-1 list of permitted uses, a d racquet ball and handball courts, dance halls, and electronic game rooms wer added to the B-2 list of Special Condition Uses, following Planning Commiss on Determinations of Similar Use. In the Ideal Hall case, the zoning for the underlying property was and continues to be B-1. In fact, the owner o the property petitioned to have the property rezoned to the B-2 classifica ion so that the use of the property would be "Legal" instead of having its cur ent "Legal Non-Conforming Use" status. Listing the "Ideal Hall type uses" , which are "Auction Hall, Bingo Hall, and Reception Hall" , as Permitted U es in the B-2 Zone, clearly establishes that these uses are not "Perm'tted Uses" in the B-1 Zone and, therefore, may only continue at the prese t location in the B-1 Zone so long as the use continues to meet the conditio s and restrictions placed on non- conforming uses, unless property is rezon d to the less restrictive B-2 Zone. The testimony of area neighbors, which we ghed heavily against the rezoning of the Ideal Hall property to a B-2 classifi ation, was more opposed to the possibility of establishing other, potent ally more offensive B-2 uses at the site than it was opposed to the continued operation of the Ideal Hall as a bingo and reception hall. The Zoning sta f report on the proposed rezoning to B-2 for the property was couched in the s me terms; that is, the B-2 Zone is inappropriate for the location; however, he staff supports inclusion of these uses in the B-2 permitted use category. CLMG/bp ' . _ <��7 i��% W 1 N T H R O P & W I N 5 T I N E SHERMAN WINTHROP ATTORNEYS AND COUN ELORS AT LAW TELEPHONE (612)292-8110 ROBERT R.WEINSTINE RICNARD A.HOEL ROGERD.GORDON 1800 CONWED OWER TELECOPY16121292-9347 STEVEN C.TOUREN STEPHEN J.SNYDER HARTNULLER 444 CEDAR STREET DAVID P.PEARSON THOMAS M.HART IV DARRONC.KNUTSON SAINT PAUL, MINNE OTA 55101 JOHN A.NNAPP MICHELE D.VAILLANCOURT STEPHEN B.YOUNG DAVID E.MORAN-JR. COUNSEL DONALD J.BROWN . SANDRA J.MARTIN JON J.HOGANSON GAHY W.SCHONMILLER � JAY R.NAFTZGER � TODD B.URNE55 � SCOTT J.DONGOSNE WILLIAM D-HITTLER PETER J.GLEENEL PAUL B.JONES ROBERT 5.SOSNIN J E�FREY W.GOOK EOWARDJ.ORENTTEL DAN�EL C.ADAMS JEFFREY R.ANSEL JEFFREY N.SAUNDERS LAUFIE A.NNOCKE WIL�IAM F.MOHRMAN KENNETH D.ZIGRINO JULIE K.WILLIAMSON JAMES P.PETERS MARNT.JOHNSON BROONS F POLEY PATRICIA 1.REDING December 30, 1987 Councilman Chris Nicosia St. Paul City Council 7th Floor, City Hall St. Paul, MN 55101 Re: Ordinance Amending Chapter 60-64 a d Section 66.45 of the Legislative Code Pertaining to Zoning (87-1654) Dear Councilman Nicosia: As I mentioned to you yesterday, we a e concerned about the adoption of the above-referenced zoning ordinance amendm nts in their present form. As originally proposed by the Planning Commission, Sect'on 60.613(3) would have been amended to delete a requirement that deve(opment in i dustrially zoned property be set back 300 feet from residential districts. A copy of the Planning Commission's proposed amendment is enclosed. This provision as deleted by Councilmember Sonnen's amendment at your last Council meeting. The Planning Commission's reasons for s ggesting this amendment were several. F'irst of all, the 300 foot set-back standard is not uniformally enforced. F'urther, an existing fencing requirement already provid s a sufficient barrier between residential and industrial areas. Finally, it seems that the 300 foot set-back requirement results in a substantial waste of industrially zoned property in many circumstances. I understand that Councilmember Sonnen i concerned that the City be able to use the 300 foot set-back requirement as a means to regulate Burlington Northern's modification of its Midway hub facility. owever, the proposal for that facility is currently before the Planning Commission and may well be referred to the Zoning Committee and Board of Zoning Appeals. Burlington Northern is now preparing an environmental assessment worksheet for this project which provides further opportunity for City review. There is a ple opportunity for City scrutiny of this project even without the 300 foot set-bac requirement. It doesn't make sense to reject the Planning Commission's recomm ndation on this issue just to get to the Burlington Northern project. . . �-�7 i�� Councilman Chris Nicosia December 30, 1987 Page 2 In short, we believe that the Planning Com ission has made a good case for repeal of the 300 foot set-back requirement. An concerns about the Midway hub facility can be addressed in any of the several oth r review hearings on the project which will soon take place. We would hope t at Councilmember Sonnen's motion to overrule the Planning Commission's recom endation for deletion of the 300 foot set-back be reconsidered or, at least, fina action on the zoning amendments be postponed until the next Council meeting. Sincerely, WINTHROP & EINSTINE �� John A. Knapp JAK/nm Enclosure c: Susan Thurmer, Esq. Ms. Rosemary Wilson . ` ��y�l�Os�l (6) 6e��ae�e�s1-sbe�ss-xe-et� s}de-s�e�ageT Section 14. That Sections 60.542(7) to 60. 542 14) of the Saint Paul Legis- . lative Code are amended by being enumbered as 60. 542(6) to. 60. 542(13) . Section 15. • . That Section 60. 543 and Sectio 60.544 of the Saint Paul Legislative Code are amended by b ing renumbered as Section 60. 544 and Section 60. 545 respectively Section 16. � That the Saint Paul Legislati e Code is amended tU add Section 60. 543 as follows: 60. 543. Re uired condition . All business , st:ora e� servicin or rocessin , exce for off-street arkin . loadin � and those o en air use indicated as bein st�bject to s ecial conditions in 60. 54 below shall be conclucted within com letel enclosed buildi s. Section 17 ;hat Section 60.613( 3) of the - aint Paul Legislative Code is amended to read as follows: (3) Outdoor storage areas shall be fenced �or walled. Un those sides of the distri t next abutting a public thoroughfare or any district other than an industrial district. the fence shall be t ally obs�rin��a��eF+eb}�e �of sir. (61 feet. O�t�c�o-ri-s�e� Qe �ex£��'�- s�e�age--s��--�}o�--be--��°�'ri- -�k�=ee--�r3c�-nec�-E304)-€ee� �e-a�y-�es��er��}a�-d}s��e�sT .. _ , Section 18. �� That Section 60.623(2) of the Saint Paul Legislative Code is amended to read as follows: 5. � � � � � � } �o � � � Q o "� ° y�o � � � ,� o ��,�o � � N � o � � � �. �.� � �_ 1� �, -- o a � ti.='c ,. ��v � � o�c a �O `'' � '' � � . uc''D �,� ^��'' � w � o,� �.�.� -^�y co x ,fl b 4,.� " � �' ^.0 � O� � � �` � a� a� ^:ti"" w.? � � •�.. 'o.0 � ►. uyi � N � � � h cC O Cs..i m.� l"' d ..�+ v� � a a'^ G � 'S . �. � d O�oi � Cy� C •+ vi v � ca o d,� u c� G G y y "� �., � o `w °� a�ir01. �'C 3 �ya � � N O .� � y � �� c.� ��a v ,��° �� ° � � o � W u � � u�, � � ° °' '~ �^• o-. �� 'o""'�. � � o A � a n -�w `° �n E , c•`� '� �� ^ a�._., �. O c � 'd N'� N ; = as. c � c .��n �. `" � .� ^ 1 J q� �.d � ��i �.. � V � 7 IC b d' :.+ ..cC�i.+ ��., 0. '� a0 p�V 4. lC^,'� 3 O� (s� � G �j O N 7 G �'C N ++ � ^ � a� �W`"' �... ,,,�.� � O s�.. �.�.� V ,..��.:U� _ 0.d •v�i � a +' y .+ y, • � Cl � 0! � ••• � 1 �"�t� ^ c'�c 7 tD^C a•%-- � p �y W a a'G p I: h+: ¢ � oi � �o,�i q. u�C 0^ "'G y � u ��G�ai u' v� O � 7 O � ;� i ^m' v c0 � �, � ' � d � .� " fi R v �� r. � 0� � Q a. v, ,� � °= � V �^ o � N �� c �" o^ � v " ' � o °= � � o ° " b`� (z� '� .a � � � C o? � � C 7 �� i: � � � � " � � � '' � b� .-a �.. y r.. N y �^' � �� C y. � 7 � •i � C�•F;.� O oi � �. d a, '� 7 'ti o e: 0 a �. °A� o, a a, y.c � +�•ti 7 �b � •^ ,� • cV v ^ ^„ y� .oW � •r.^ �... �„ s�?y cay c � �., � � �F2, ,p �D � ,� .,, p^d.y�v � � '3. v � �� "'�� " C� � C v ai '��' w a 4 a� f �.� � s, ��,� ai-p w��i a� = O o ��v � o . ^Q •� .^�•^ �.° �d � � _°: �-; ° o�� a � es � Lo o y ^' v�ti � ^•^^'b �+ :., � � " aou�`°'° o c°°' •- c,U 'v, a,c -o -. a ^ � '-. c � �e o.n°�. � � .n �,•�,,..,:5 . � .` W .a .0 ap � �N O o� � ' ;,"' ai � �.� �� C� ^ � � �.t� n 0.; E- O.� � Q c°o V.`�° a Q � �.:.5'- o c.w Q c°i O'v�o ° u�'..,°'• '� ,� r .�. .� r. .�. .. � .. .. .�. ° n` C� O r+ N M `Q, � � N N N N � v � v p v v v v v � p tD � � CI �� \ AGENDA ITEM _____________-____=_____________ ________________________-__-____ ��7-/�s% ID#: [389 ] DATE FtE�: [10/22/87] AGEN A DAtE: [UO/00/OO;J IT�M #: [ ] SUBJECT: [ORD. - ZONING TEXT AMENDMENTS VI - OUSEKEEPING AMENDMENTS ] � STAFF ASS I GNED: [ .Tvyl � a--�� ] S I G:[ ' ' ] OU T-[ ] TO CLERK_�A9,<�88�OH j ��.�2..� / ORIGINATOR:[PED ] C NTACT:[CHUCK MC GUIRE (228-3364] ACTION:[ � C ] C.F.# [ ) ORD.# [ ] FILE COMPLETE="X" [ � � � � � � � � � � � � � FILE INFO: [ORDINANCE (14PGS)/MAYUR'S TRANS. ETTER/PLAN.CUMM.RES.#87-91 ] [ZONING REPORT ] C ] '� � lst /'�_i �-,1° ' " "t.�d /i�� ,/. 7 � '_d .�� `E',,flo ted . '�� P � /,��-3 g"7—�J .,a�=—,.� Yeas Nays � _� �� J�- � J -�``� DREW � �f.j /��// , ' . 1V 1C�51/Y �:�/� /`6-'� / RETTi�lP.I�1 /�� S C:�:EIBEL S ON?��1 IJILSOV WEIDA PRESIDENT: