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84-1708 M�H17E - CITV CLERK 1 PINK I- FINANCE COl1I1C11 j�� /� CANARV -DEAARTMENT GITY OF SAINT PALTL /// BL�yE -MAVOR File NO. �� r // `� � ♦ . - � 0 �nce Ordinance N 0. �7��'� Presented By Referred To Committee: Date Out of Committee By Date An ordinance amending Cha.pters 60, 61, 62, 66 and 67 of the St. Paul Legislative Code (Zoning Text Amendments Five). THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section: 1. That the definition of "accessory use" in section 60.201 of the St. Paul Legislative Code be and the same is hereby amended by adding the following thereto: 12 Radio and television antennas sub'ect to the regu. ations in 2. . Section 2. That Section 60.201 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following definition in appropriate alpha.betical order: Antenna radio and television. A wire or set of wires use in ransmi in� and receiving elec roma ne�ic waves and incluTin tTie supporting structure; inc u es, ut is not imi e o, ama. eur ra io an ennas , �eIevision an ennas , an sa e i e receiving is es. Section 3. That the definition of "auto repair station" in section 60.201 of the St. Paul Legislative Code be and the same is COUNCILMEN Yeas Nays Requested by Department of: r Fletcher � Drew In Favor Masanz � Schslibel A gai n s t BY Tedesco Wilson Form Approv by City Attorne Adopted by Council: Date Certified Passed by Council Secretary BY F3y Approved Mayor: � �� b — ��- Approved b ayor for Submission to Council _ gy 4 �_ ` ���--c Q,� BY . �' � --�/���' � . i�a oy Page 2. hereby amended to read as follows : Auto repair station. A place where the following services may be carried out: general auto repair; engine rebuilding; ancl rebuilding or reconditioning of motor vehicles;-ee���e�ex-9e���ee3-s�.el�-es-yed�; ��a�e;-e�-€e��e�-s��a��l��ea�xg-ax�.-rega��;-e�era}} ga����xg-a��-t�n�.e�eea��ag-e€-a�.�e�eb�}ee .' The sale of engine fuels may or may not also be carried on. Section 4. That section 60.201 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following definition in appropriate alphabetical order: Auto bod sho . A sho in the business of makin su stantia re airs to t e s e or o o an au omo i e an o ma or or su s an ia ain in of the shell or ody, and where the followin� services ma also be carried out: eneral auto _ air• en ine re ui in • re ui in or recon- itioning o motor ve ic es ; co ision servicei suc as o y, rame, or en er s�raigT�ing and repair; overall painting� and undercoating. � Section 5. That section 60.202 of the St. Paul Legislative Code, as � amended, be and the same is hereby further amended by adding , the following definition in appropriate alphabetical order: Buildable area. The maximum space? as defined by se ac an ot covera e re uiremen�—in�'w-lic�"i principal an accessory structures may e uilt. Section 6. That section 60.203 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following definition in appropriate alphabetical order: Cluster develo ment. The arran ement of two or more a ac e , common wa , sing e ami y units , with no unit intruding on the vertical airspace of an� otYier unit. _ ___ _._ _ _ __ __ __. _ 00 , � �'� - �7��' . . �7a ol� Page 3. Section 7. That section 60.206 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following definition in appropriate alphabetical order: Finishing sho� An business which involves s ra p�ai�_nt��i�n _�or the a���licatio� n o com ustible ma�eriaZs incIu3'in�rni u� re�"inis in and ca inet ma ing ut not inc u ing auto o y s o s . Section 8. That section 60.219 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following definition in appropriate alphabetical order: Swimmin ool. A ool or tub constructed either a ove or e ow gra e an aving a capacity o , or more �a ons . Section 9 . That clause (9) under section 60.412 of the St. Paul - Legislative Code be and the same is hereby amended to read as follows : (9) Family day care; group family day care• and rou da care �en located in a.non-re�s�ic ential s ruc ure ormer occu ie a c ure sc o0 or simi ar acility. � Section 10. That section 60.412(10), section 60.422(4) , section . 60.432(4) , section 60.442(4) , section 60.452(2) , section 60.462 4) , section 60.512 6) section 60.522(I2) section 60.532�5) , section 60.542 llj , section 60.552(14j , section � 60.562 10), section 60.572 3) , section 60.612(23) , section 60.622�6) , and section 60.632(3) of the St. Paul Legislative Code be and the same are hereby amended to read as follows :. Accessory buildings , structures , and uses ex9�ex�a����-�xe�dea�-�e-ax�-e€-�l�e-abe�re ge�x���ed-xeee as defined in section 60.201. ' �'�- /7�� . /��o� Page 4. Section 11. That section 60.413 of the St. Paul Legislative Code be and the same is hereby amended by dele�ing therefrom clause (10) , which designated "group day care" as a use permitted subject to special conditions in the R-1 through R-4 districts. Section 12 . That section 60.413, clause (7) of the St. Paul Legislative Code, as amended, be and the same is hereby further amended to . read as follows : (7) Private noncommercial recreational areas; institutiona.l�munici�al, or community recreation centers ; nonpro��swi imm ng pool club, all subject to the following conditions : (a) The proposed site for any of the uses permitted herein shall have at least one property line abutting a ma.jor thoroughfare as designated on the major thoroughtare plan, and the site - '�- sha.11 be so planned as to provide principal � access directly to said major thoroughfare . (b) All yards shall be landscaped in trees , shrubs , and grass . All such landsca�ing shall. be � ma.intained in a healthy condition. There sha11 be no parking or structures permitted in these minimum yards , except required en- trance drives and those walls used to obscure . the use from abutting residential districts. (c) 8��-e��ee�-garl��Ag-eka��-be-g�e��ded-se-as �e-aeee�xe�.a�e-ne�-�ee s-�l�aa-exe-€et�.r�l�-e€ ��.e-t�ex�be�-�a�n���es-aR�.�e�-�xd���dxa�-�e�tbe�s � e�e�-�6- ea�9-e€-a�e:--���e�-�e-�l�e-�ee�.aaee e�-a-b�.��d��g-ge���-e�-aex��g-eec�g��a�.ee ' ge�t���;-b��aw9-a.�d-e€€�e�a�-�e�be�ek�p-�e�� � e�-�l�e-e�ga�.�$a��e�-sl�a��-�e-p�e��de�.-�A e�de�-�e-de�e���xe-�l�e-x�e��e�el��g-��.�e�*ae� €er-ee�pt����.g-�l�e-e��-9�ree�-ga���ag-�eqt�.��e- �ea�9: Ed� Whenever a swimming pool is constructed under this paragraph (7) , said pool area sh:all be �rovided with a protective fence, six feet in height, and entr.y shall be pro- vided by means of a controlled gate. _ _ __ __ __ _ _-__ _ _ . 00 • �'�� /�v� � /�°� Page 5. Section 13. That section 60.413 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following thereto: (12) Conversion or reuse of non-residential structures wit conforming uses su ject to the ol owing conc-fi�ions : (a� The structure was ori inall constructed for a non-residentia pur op se• (b) The lannin commission shall find that the ro ose use an ans are consistent wit e compre ensive p an. (c) The _Qlanning commis s ion sha.l l f ind tha.t the — - _ - . ro ose use an s ruc ura a era ions or a itions are compati e wit t e surroun ing neig or oo an3Tn3-uses . - � � � Parkin for the new use sha.11 be rovided in accor ance wi e re uiremen s o sec ion . or new structures . . � A lications for conversion or reuse shall inclu e a notarize petition o two-thirds o� e ro er owners wi�-T"iin I ee o� t e ro er ro ose or e reuse si e ans ui in e eva ions an an sca in ans an ot er information w ic t e p anning commission ma.y request. ' � � Section 14. That section 60.413 of the St. Pau1 Legislative Code, as � amended, be and the same is hereby further amended by adding the following thereto : � 13) Cluster develo ment sub'ect to the followin • con itions : . � There shall be a minimum of two units . (b) The units shall be attached co�non wall single family, wit no unit intruding on - the vertical airspace of any oth. er unit. ' ��� i� �9 � r�aoy Page 6. (c� The parcel sha.11 meet the lot area required per unit in the zoning district. (d) The arcel shall have a minimum frontage of 80 ee on an im rove s ree . -"' (e) The structure shall conform to the schedule o �re�u a ions or ei� , o coverage, s e t'6acks and parTc'ing. � The desi n shall be com ati�le with the sur- - roun ing nei�h or ood. � Individual lots building�s street and parking areas s e esi ned-an3 si�a e o mini- mize alteration o the natura eatures an topography. (h) A lications for cluster development shall inc u e si e ans incTu3in an sca in an elevations an ot er in ormation t e _.. ...,,.... p anning commission may request. Section 15. That section 60.462 of the � St. Paul Legislative Code be and the same is hereby amended by adding the follo.wing � thereto: . (4) Churches cha els s a o ues tem les and other similar ouses o wors ip. Section 16. That section 60.463 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding � the following thereto: ' � Hos itals and other health and medical institu- � �ions su jec� �� e�co�cn i ions se or� RM-2 Medium Densit Low-Rise Multi le-Famil Residential District in section 60.4 rinci al � uses permi e su �ec o specia con i ions . Section 17. That section 60.512 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following thereto: . � _ __ _ __ ___._ _-__ ____ _________ __ __ _ _ _ v, � ��- l7v� . i7aoy Page 7. � Churches s a o es tem les and other similar � ouses of wors ip. Section 18. That section 60.513 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following thereto: � Conversion or reuse of non-residential structures wi con orming uses su �ec o e o owing conditions : � The structure was ori inall constructed for a non-resi entia purpose. � The lannin commission shall find that the ro ose use an lans are consistent wit e compre ens ive p an�: (c� The lannin commission shall find that: the ro ose use an structural alterations or - --� additions are com atible with t e surroun in neig or oo an an uses . (d� Parkin for the new use sha.11 be rovided in ` accor ance with the re uirements of section 2. 103 for new structures . (e) A lications for conversion or reuse shall inc u e a no arize e i ion o wo- ir s , o the ro ert owners wit in 00 eet o the ro ert ro ose or the reuse site � � ans ui in e eva ions an an sca in ' p ans , an ot er in ormation w ic t e . . - p anning commission may reques . ' Section 19. That section 60.522 of the St. Paul Legislative Code, as amended, be and the same is hereby amended to read as follows : 60.522. �RINCIPAL USES PERMITTED.7 In a B-1 Local Business Distric�' the use of land, the location and erection of new buildings .or structures , and the alteration, enlarge- ment, and moving of existing buildings or structures from other locations or districts shall conform to the follow- ing specified uses , unless otherwise provided in this � code: _ , �� - �7��' � 17�ay Page 8. (1) All principal uses permitted and uses permitted subject to special conditions in the OS-1 District. (2) Retail businesses which supply commodities on the premises, such as , but not limited to , groceries , meats , dairy products , baked goods or other foods , drugs , dry �oods , clothing and notions., hardware, books , stationery, plants , and hobby supplies . (3) Personal service establishments which perform services on the premises , such as , but not limited . to, repair shops (watches , radio, television, shoe, etc. ) , tailor shops , beauty parlors or barber shops , photo graphic studios , self-service laundries and dry cleaners , and dance schools. (4) Dry cleaning establishments , or pickup stations , dealing directly with the consumer. Central dry � cleaning plants servicing more tha.n one retail outlet are prohibited. _. E4���xeetj.���e-aad.-ad����s�ra���ae-e�€�ees: ��3--Bt�s�Aese-e���eee-st�.el�-ae;-bn�-se�-��n���e�.-�e; �ASn�a�ee-e€��eee;-rea�-es�a�e-e€��ee9;-�eaa ea�►pa��e9;-aA�.-sa�es-e���ees: E6�--P�e€e9s�e�a�-e���eee-9�.e1�-ae;-bts�-Ae�-��ai��ed-�e; �ted�ea�-e�€�ees;-�ae�tsd�Ag-e��ri�ee-aad-�xed�ea� �abe�a�er�ee;-a�d-eag�aeere;-a�e�.��ee�s;-aeeet�s�aa�e3 and���ng;-beel��eeg�ag;-ax�.-�ega�-se�ra}ee-e���eees (5) Banks . (6) Post office and similar governmental office buildings , serving persons living in the adjacent residential area. . E9�--Ptex-g�e���-e�gan�$a��eA-e€€�eee-gre�a�d�ag-9e�x�ees �e-�l�e-�es��.ea�e-e�-�l�e-��ed�a�e-�es�det���a� ee�xa���-e�-ne�gl�be�l�ee�.: � Other uses similar �to the above uses. E���--�ax����-da�*-ea�e;-g�at�p-�a����-�a�-ea�e3-aad-g�et3.g da�-ea�e: F���- . (8) ' Accessory buildings , structures , and uses ' � et�9�ex�a����-�xe��ea�-�e-_as�-e€-�l�e-abe*ae-pe�����ed � �.ee9 as defined in section 60.201. _. __ __ __ _. ____ _ _ ._. 00 ��-�7� �' ^ /7�0/ Page 9. Section 20. That clause (3) of section 60.534 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended to re ad as follows : (3) Bowling alley, billiard hall, indoor archery range , indoor tennis courts , racquet ball and hand ball courts , dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least 100 feet from any front, rear, or side yard of any residential lot in an adjacent residential district measured from the closest oint of the building in w ic the use is located to the closest residential propert� Tine. ° Section 21. That clause (4) of section 60.542 of the St. Paul Legislative Code be and the same is hereby amended to read - as follows : (4) New and used car salesroom, showroom, or office;-e�-ax�e-�epa��-9�fl��8A. Auto re air which is clearl accessor�r to a new or use car salesroom s�ll �e —'p-ermi'tte"d as an accessory use. Section 22. ' That Section 60.542 of the St. Paul Legislative Code, as ' � _ amended, be and the same is hereby further amended by adding the following thereto : (11) Finishing shops provided they are not within a structure which is also used for residential purposes . . 12) Hotels and motels . (13) Hospitals . Section 23. , That section 60. 543 of the St. Paul Legislative Code, -; as amended, be and the same is hereby further amended by ' deleting clause (3) in_ its entirety, pertaining to motels as a principal use permitted subject to special conditions , and • by adding to said section the following: ' - �/ /�o b� � . . �7ao� Page 10. (11) Auto repair, subject to the following conditions : (a The minimum lot area shall be 15 000 s uare eet. (b) A ten-foot landscaped buffer with screen lantin and an obscurin fence shall be re uire a on an ro er ine a acent to an existin resi ence or a acent to an zone resi en ia . . (c) All re air work sha.11 be done within an enc ose ui ing. (d) There shall be no outside storage. Section 24. That clause (14) of section 60.612 of the St. Paul Legislative Code be and the same is hereby amended to read as follows : (14) Automobile service stations axd-�ega��-�ae�����es _ •°�... ��.e�t3.d�xg-�.ade�eea��xg;-aad�ba�.��bt�g�xg-a�d ga����ag auto repair stations , and auto body shops . Section 25 . � That sections 60. 720 through 60.723 of the St. Paul Legislative Code be and the same are hereby amended to read as follows : � 60. 720. /'g-1 VEHICULAR PARKING DISTRICT_7 60. 721. �NTENT.7 The P-1 Vehicular Parking District is intended to permit the establishment of off-street parking �e�s facilities to be used solely for off- street parking o private passenger vehicles as a use � incidental to a principal use. The district will . serve a use district which has developed without adequate off-street parking. 60. 722. /gRINCIPAL USES PERMITTED_7 Premises in such distric�s shall be used only for an off-street vehicular parking �e� facility and shall be developed and maintained subject to such conditions as are hereinafter required. 60. 723 . /�EQUIRED CONDITIONS_7 __ __ __- --- __. _- vo � �� -����' . /���Q� Page 11. (1} The parking �e� facility shall be accessory to and for use in connection with one or more businesses , industries , institutions , or multi-family residences containing four or more dwelling units located in adjoining districts . There may be a private driveway or public street or public alley between a P-1 district and the district to be served. (2) The parking �e� �faci�li�ty shall not be used during hours when��principal use is not in operation. During such pe riods the parking �e� facility shall be inaccessible for public use. When there is a writtaz agreement between two or more buildings or uses to share a pa.rking �e� facilit in a P-1� district in accordance with See��e�e- :�A3-6t���.���s�e�-6-a��.-6�:�83-8tsbd�- �r�s�e�-� section 62. 103 , subdivision 5 clauses (3) and (4 , then the parking �e� facility may remain open for all the hours of operation of the buildings or uses . (3)---.The parking �e� fac= ility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area. (4) No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking �e� facility. (5) No signs of any kind, other than signs desig- nating entrances ; exits and conditions of . . use, shall be maintained on such parking � �e� facility. (6) No building other than that for the shelter � of attendants shall be erected upon the premises an�-��-�l�a��-�e�-exeeed-�en-�ee� ��-�.e�g19.� unless s�ecifically approved by � thefplanningTinis��r�during si e'�'plan . review. (7) Applications for P-1 District rezoning shall be-�ade-b�-et3.br������g-a-d��e�s�exa�-�a�ets� e€-�ke-a�ea-�eqt�e9�ed-ske�r��g-�l�e-�.��ended park�xg-p�A.a include a site plan which conforms to aI1 stanaards se�'forf-Ti'in sec�ion b�:I�+r: � T e planning commission may grant modifications - �� �Y� i7�b� � � /1�o� Page 12 . of section 62. 104 based on findin s that such modi ication is consistent with the intent o t e co e an wit the reasonable enjoyment o aa'�acen proper y. (8) P-1 Vehicular Parking Districts sha.11 be de- veloped and maintained in accordance with the requirements of section 62. 104. Section 26. That section 61.101 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by deleting the same in its entirety and substituting, in lieu and in place thereof, the following: (TABLE) ,..�.s.. �. _ _ _ __ ____ ____ __---..____ o� � �'�-i��� /�a a/ Page 13. NOTES TO 61. 101 RESIDENTIAL DISTRICTS: � (a) Where at least 50 percent of the front footage of any block is built up with principal struc- tures , the front yard setback for new struc- tures shall be equal to the average of the existing structures , except that any structure which is set back 20 percent more or less tha.n the average may be discounted from the formula. (b) For those uses permitted in Residential Districts (R-1 through R-4, RT-1 , RT-2 , and RM-1 through RM-3) as "principal uses" and "principal uses permitted subject to special conditions ," other than residential uses , the front yard shall be equal to the front yard required for residential use and the side and rear yards shall be equal to one-half thz height of the building but in no instance less tha.n the minimum requirements of the district in which said use is located. (c) If townhouses are developed on parcels where � only the land immediately beneath each dwelling unit constitutes an individually described lot and all oth er land required for yards , other open space, parking, and other necessary land as required by this code constitutes "common" properties , jointly owned by the owners of the described lots beneath each dwelling unit, the minimum size lot per unit shall be applied to the entire garcel. In addition, the following regulation shall . apply: . When townhouses are developed, each individually described lot sha.11 contain a minimum of 300 square feet of open space, unobstructed except for trees , shrubs , fences , yard furniture, or similar facilities for the private use of the residents of the dwelling unit occupying that � lot. ' (d) In the RT-2 District, when two or more buildings . are constructed on a single parcel , there shall be a distance of at least 18� feet between buildings . (e) In an RT-2 Townhouse District , the total - number of rooms (not including kitchen, dining, and sanitary. facilities) shall not be more - � �'���a� . . i7�a � Page 14. tha.n the area of the parcel , in square feet, divided by 1 , 100. In an RM-1 Multiple-Family District the total number of rooms (not including kitchen, dining, and sanitary facilities) shall not be more than the area of the parcel, in square feet, divided by 900. In an RM-2 Multi le-Family District the total number of rooms (�not including kitchen, dining, . and sanitary facilities) shall not be more than the area of the parcel , in square feet, divided by 600. In an RM-3 Multiple-Family District the total number of rooms (not including kitchen, dining, and sanitary facilities) shall not be more than the area of the parcel , in square feet, divided by 300. In RT-2 , RM-1 , RM-2 , and Rl'�I-3 Districts , for - °�--the purpose of computing the .perm�tted number of dwelling units , the following room assignmen ts shall control: One Bedroom = 2 rooms � 'Itao Bedroom = 3 rooms Three Bedroom = 4 'rooms Four Bedroom = 5 rooms . : Plans presented showing l, 2, 3 , or 4 bedroom units and including a "den," "library," or other extra room sha.11 count such extra room as a bedroom for the purpose of computing density. Efficiency � apartments sha.11 have the same room assign- ment as a one bedroom unit. In RT-2 , RM-1 , RM-2 , and RM-3 Districts , the area used for computing density shall be the zoning lot area plus half of the width of the alley adjoining the lot. In RT-Z , RM-1 , RM-2 , and RI�!-3 Districts , no multiple-family dwelling shall be built, nor shall any existing structure be converted to a multiple-family dwelling, on a zoning lot ' whicl-� is less than 1� ,000 square feet in area. _ _ _ _ _ _ _ ___ __ _ _._ _ ___-- ---__ . vo . �� �y- /7� � � . ����� Page 15. (f) Side yards are required only for dwelling units on � the ends of the townhouse structure. (g) For each required parking space within the multiple-family structure or otherwise completely underground, the lot area figure may be increased by 300 s quare feet. A site plan shall be required when applying for underground parking bonuses showing layout and dimensions . (h; In an RM-1, RM-2, or RM-3 District, when two or more buildings are constructed on the pa rcel, there shall be a distance of at least 30 feet between buildings . (i) In an RM-3 District, multiple-family residential buildings five stories or less in height shall conform to the requirements of the RM-2 "SCHEDULE OF REGULATIONS, " S��ction 61. 101 , Residential Districts . (j ) The building width on any s.ide shall be at least --� 22 feet. The building width shall not include entryways or other appurtenances that do not run the full length of the building. Section 27. That section 61.102 of the St. Paul Legislative Code, pertaining to lot sizes , is repealed. ' Section 28. . That section 61. 103 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by deleting note (a) in its entirety, relettering the remaining � notes , and substituting the following table for th� first table contained therein: (TABLE) , , � ��� ���� . ���o�' Page 16. Section 29. That notes (b) and (e) contained in section 61. 104 of the St. Paul Legis,lative Code be and the sam� are hereby amended to read as follows : (b) On those lots or parcels , or portions ��.e�ee� of lots or parcels , which are located directly across a street or abut a side or rear lot line in any use district, other than an I-1 , I-2 , I-3 , or P-1 District, �l�e-l��gke9�-ge�x�-e�-�l�e-ex�e��e� � et��€aee-e�-a�.�-bt���d��g-e�-9��t�e���e-sl�a��-be p�e ee�ed-�e���ea�� t� ex-��e-g�exad=--��-xe-eaee sk.a��-ax�-ga��-e�-��e-�t���d�xg-e�-s���.e��.re-be �ea�e�-�e-�l�e-bet�xda��-e�'-9s�d-abt�����g-d�s���e� �l�ax-a-k.e��sea�a�-�.�s�ar�ee-eqt�a�-�e-e�e-sAd-exe- 1�8��-���xes-�l�e-�e�gk.�-e€-sxe�-ga�a�-€�ex�-�l�e-ex�b �e�re�:--He�e�e�;-s�ael�e;-�a��e;-�ea���a��r�g eqt3.�gx�er��;-�ae�xd�r�g-�e�ae�9-exe�ee��g-ea�xe;-eka�� be-e�e�p�-��e�x-et�el�-��x��.�a��ens-��-ae�-exeee�.�ag ��e-agg�ega�e-��-�ee�-��-��nea�-���ens�e�-ga�s��e� __ .,.,...:�e-�l�e-s��ee� the re uired setbac�s from said abuttin districts s a e e ua to a minimum of one an one- a times t e ei t o t e ui in s except as note in section . . � (e) An obscuring wall sha.Il be provided on those sides of the �roperty used for open storage, pa.rking, or service drives , loading and unloading or � servicing and abutting land zoned for residential � use. The extent of such wall sha.11 be determined ' by the planning commission on the basis of usage. Such wall shall not be less than four feet six inches in height and may, depending on the industrial operation, be required to be eight feet _ in height, all subject to the requirements of "GENERAL PROVISIONS, " section 62. 107 , "Visual • Screens . " Section 3Q That section 61 . 105 of the St. Paul Legislative Code is hereby amended by substituting the following table for the table contained therein: (TABLE) _ _ . _ _ _ _ __ _ __ _ _ _ --- _.__ 00 • �� -/�08 � ���oy Page 17 . That section 61 . 105 is further amended by deleting notes (f) and (g) in their entirety and by amending note (e) to read as follows : (e) Nl�e�e�e�-a-�-�-B�9���e�-�9-erea�ed3-�l�e�e-91�a}} �e-p�e��ded if the districts adjoini��the P-1 District require a_�re�ater setback, frontage se�acTs equaT'�o a�Teas�' ztT—e min mum required setback standards set forth in the "S�HEDULE OF REGULATIONS" which pertain. to the adjoining districts shall be rovided. A �aa�� visual screen shall be locate on the minimum setback i'I"n e: Section 31. � That the first two paragraphs only of subdivision 1 , section 62. 102 of the St. Paul Legislative Code be and the same are hereby amended to read as follows : Sub�l�ivision 1. �NTENT.7 It is the intent of this code to per�nit legal nonconforming lots , structures , or uses existin¢ on �k.e-e�€ee���e-da�e-e�-�l��s-ee�.e e�-ax�exr��ex�-�pe�e�e October 25, 1975, to continue until they are removed but not to encourage their survival. It is recognized that there exist within the districts established by this code and subsequent amendments , lots , structures , and uses of land and structures which were lawful before tl'iis code was passed or amended which would be prohibited, regulated, or restricted under the terms of this code or future � � amendments . For the purposes of this section, use means the principal purpose for which land or a buildin� is b�ing occu ied. � A use will be presumed legally nonconforming if it can . be demonstrated by clear and convincing evidence that . prior to �l�e-e��ee���e-da�e-e�-�k�s-ee�e December 13 , 1976 the use was established, converted, or en arge • an�-occu ied pursuant to building permits issued by , t e city o�Saint Paul; or if it can bQ demonstrated by clear and c.onvincing evidence that the particular use had been in existence continuously for 20 years prior to ��ie-e�€ee���e-da�e-e�-�l��s-eede December 13 , 1976. The burden of proof shall be on the applicant - �or a permit or certificate of occupancy as the case ' may b� . . J� �'�- /70� � . , . /7�0� Page 18 . � Section 32. That section 62. 102 , subdivision 5 , of the St. Paul Legislative Code, as amended, be and the same is hereby further amended by adding the following thereto : (10) Existin auto bod sho s located in zon�s other than industrial zones shall e considered, for purposes of cha.nges in non-conforming uses , as - uses . (11) /EXCEPTION_7 The planning commission may grant legal nonconforming status to uses or struc ures w ic ai to meet t e stan ar s o section � . i , o owing a pu ic earing, e p anning commission ma es e o owing indings : e use occurs en ire wi in an exis in structure• 2 the use is similar to other uses ermitted within the district; 3 the use is a ro ria e an is consis en wi e enera we are o t e communit an t e en o ent o a �acen proper y; e use as een in existence for a period of at least ten years rior to the a lication to the lannin commis- °-�--- sion• e o -s ree ar in n is a e ua e o serve t e use• t e use is in su stantia a reemen wi e com re ensive an• hardshi wou d result if the use were iscon- tinued• 8 rezoning the �roperty would result ___r � in "''s o�f zonin "7 or a zoniri ina ro ria�— to surroun in an uses • an t at a no arize e i ion o wo- ir s o e ro ert . owners wit in 00 eet o the�roperty has een , obtained statin� support of the use. The -"Iannin commission ma a acT� er con itions to inaure t e pu ic we are. The a licant shall resent the etition evi- � ence o a en- ear erio o exis ence an evidence that conversion o t e use and struc- ' ture would result in hardshi�. The applicant sha7T r"ovi-Ic.e�'�oor ans and-o er in orma�i on as reguire to su stantiate is case. (12) �XCEPTION.7 The lannin commission ma ermit the ex�ansion o a non-con orming use if , �ol.�owin a u iTin���annin commission ma es t e o owin in in s : e expansion is accessory o e principal use and will not result in an ex ansion of the principal use; . 2 t e expansion will a ow _ _ __ __ _ _ _ _ _ _._. ___ __._ _ ___ _ �� � � �'y�-���� - /7�0� Page 19 . the continuance and_i�m�r��ovement of a use which is com a�ib7e wi�i ` .fF—ie a3"acen ro er an3 nei or ood• of -street ar in is rovided or t e rinci al use and ex ansion w ich meets re uiremen s o sec ion . or new s ruc ures • a notarize et� tion si ne two-t ir s o t e ro ert owners wit in eet o t e su ect ro ert as een o taine ; an a rezonin wou e ina ro ria e an resu in a s o zonin . e lannin commission ma im ose ot er conditions to insure t e genera wel are. The applicant shall resent the �e_�tition and evi3ence o t e accessor nature o�e ro osed expansion an par ing provisions . Section 33 . That section 62 . 103 , subdivision 2 of the St. Paul Legislative Code be and the same is hereby amended to read as follows : � Subd. 2. /�SITE PLAN REQUIRED.7 No building permit , except for one and two family dwellings, shall be issued for the construction of any new off-street parking facility or the avin of an existin unim�roved lot , unless an until t e p annin� com- mission as approved a site plan for the facility meeting the standards and regulations contained in this section, section 62. 104, and section 62. 108 . Site plans for one and two family dwelling units shall be approved by the zoning administrator. � � Section 3.4. That the diagram showing the dimensions of parallel parking spaces in section 62. 106 (4) is amended to illustrate � the correct length of a parallel parking space as 21 feet. Section 35, � That section 62 . 106 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended to read as follows : � �y-i�o� � . /7oc'�� . Page 20. 62. 106. �CCESSORY BUILDINGSo7 Accessory buildin�s, except as otherwise provided in this code, shall be sub�ect to the following regulations : (1) When the accessory building is structurally attached to a main building, it shall be subject to , and must conform to , all regulations of this code applicable to main buildings . (2) Accessory buildings shall not be erected in any _ required yard except a rear yard. Aeee99e�� bt���d��gs;ex-e-ee�xe�-�e�-e€-�eee��;-�l�a.�-een- ���e�-�a��k-�eq�.��e�.-�a�ds-eka��-be-sxb�x���ed �e-�l�e-bea�d-e€-aggea�s-€e�-a-�a��axee: On corner lots access�or�y _s��tructures shall be se ac rom t� zTe s�ree�a 3'is ance e ua � t a o t e principa structure. When an accessor structure is constructed in a rear yar whic a joins a si e yar the acces- - "°"""sor s ructure s e se ack�rom fFie interior ot ine a istance e ua to t e minimum si e ar re uire in e is rzc in whic located. � On all other lots , accessory buildings shall be set bac at east three feet from a11 interior '. lot lines . � This setback requirement of three feet from all interior lot lines shall be waived when a maintenance easement 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 building permit. The recording of the maintenance ' easement shall be interpreted to mean that the following intents and purposes of this setback requirement are met: (a) Adequate supply of sunli.ght and air to adjacent property; (b) Sufficient space for maintenance of the building from the same lot; and ' (c} Prevention of damage to. adJ'oin�ng property � - by fire or runoff from roofs . _ __ __ _ _ ____ .___ _ __ _. 00 � Cr- �y��o � . ����� Page 21. (3) Accessory buildings in any residential area, except in the RM-2 or RM-3 Multiple-Family Residential District, shall not exceed one story e� and 14 feet in height , provided, however, that such�uildings used for the housing of pas- senger motor vehicles may exceed 14 feet in height but shall not exceed 18 feet in height. In an RM-2 or RM-3 District , accessory buildings or structures used for the housing of motor vehicles or for accessory recreation use shall not exceed three stories e� and 30 feet in height. (4) An accessory building may occupy not more than �� 35 percent of a-�eqt���ed the rear yard;-g�xs 4A-peree��-e�-a��-xe��eqtj.��e�ea�-�a�d;-pre���.ed ��.a�-�x-ne-��9�e.xee-9ka}�-�l�e-aeeesse��-bts��d�ag exeeed-�l�e-g�e�.xd-��ee�-a�ea-e�-�ke-fxa�a-btt���.�ag. Accessor structures shall not exceed the buildable area o the principal structure. (5) In those instances where the rear lot line is ___..coterminous with the alley right-of-way the accessory building shall not be closer than one foot to such rear lot line. (6) On throu�h lots , where frontage is clearly estab- 13'TecT"wiffiin a iven oc rear ar se�ac�s s all e e ual to the side ard set ac of the istrict in whic located. (7) Accessory buildin�s _shall be located at least six�ee�rom t-Fie�rincipa s ruc ure or s 1 be considered attached for purposes of the Zoning � ' Code. . Section 36. That section 62. 107 of the St. Paul Legislative Code, as � amended, be and the same is hereby further amended by adding . the following: (9) For multi-famil structures with ten or more units , o ice, commercia an in ustria uses ar a e um s ers ari ras con ainers s a e enc ose y a visua screen. . � �',�(/70 f� � ���07 Page 22. Section 3 7. That section 62 . 108 , subdivision 1 , of the St. Paul Legislative Code, as amended, be and the same is hereby further amended, in clauses (6) and (7) thereof, and by adding a clause (10), to read as follows : (6) Any development in the River Corridor Critical Area or in the Flood Plain District except add���exe-�e one and two family dwellings which do not �ae�ea9e-�l�e-b�.���}xg-�e�-ee�e�age-b� . a�e�e-�k.ax-��-ge�eeR�-e�-aeeeeee��-9���.e�t��es; g�e�a�ded-�l�a�-xe��l�e�-a�€ee�s affect slopes of 12 percent or greater. (7) All off-street parking facilities �e�-�.9es-e�l�e� �l�ax-e�e-e�-�`ae-�an����-dwe���age for ten or more spaces • (10) Detached free-standin facilities constructed o-n-�a--r ing aci ities , inc u ing, ut not res�ic�e3�o; c�ios sz��o om�'a��an c�s ,and - •�similar uses . � Section 38 . - That section 62 . 108 , subdivision 4 of the St. Paul Legislative Code be and the same � is hereby amended to read as follows : ; Subd. 4. /�OMPLIANCE AND TIME REQUIREMENTS_7 The planning commission may make such requirements with respect to the above ma.tters as to assure compliance with them. When cha.n es are re uired the revised site Qlan shall be su mitte wit in six mont s rom t e . a e e app ican was no i�iecTo� requir� c�nges . The planning administrator may grant extensions . Section 39 . That section 62. 108 , subdivision 5, clause (S) of the St. Paul Legislative Code be �and the same is hereby amended to read as follows : (S) Minimum setbacks of four feet shall be required for all below rade construction. Above rade portions shall meet set ac requirements o t e � . ais�ric�in wf-icTIoca e . _ _ _ _ _ _ __ _____ __-- . __- -_. o� . � �r- �y-�7a� ��� /�ao� Page 23 . Section 400 � � That section 62 . 108 , subdivision 6, the first unnumbered paragraph only, be and the same is hereby amended to read as follows : Subd. 6. �ECURITY AGREEMENT,7 Before the site plan is approved, the applicant shall file a per- formance bond equal to the estimated cost, as de_termined by the planning administrator, to install required landscaping, paving, screening or items required by special condition. Such performance bond shall be secured and f'iled with t-�-Tannzn aTmin- istra or wit in t ree mont s .�rom t e ate t e a ican was no i ie o e in en o a rove t e site plan. T e p anning a ministrator may grant an extension. Section 41. That section 62. I14 of the St. Paul Legislative Code, as amended, be and the same is hereby further amended to read as follows : 62 . 114. �RIVATE RESIDENTIAL POOLS AND HOT TUBS.7 Private outdoor residential pools both above and below round and hot tubs are permi e as an accessory use wit in t e rear yard or non-rec�uired side yard eR��, except that, for multiple-family developments , the planning commission'may determine the location of the pool or tub. Private outdoor pools and hot tubs shall mee�he following require- � � ments as app_�icaT�Ie: (1) There shall be a d�istance of not less than ten feet between the adjoining propertp line � and the outside of the pool wall for above-ground pools . For in-ground pools , there shall be a . distance of not less than five feet between the adjoining property line and the outside of the • pool wall. . (2) There shall be a distance of� not less than four feet between the outside pool wall and any building located on the same lot. _ (3) No swimming pool shall be located less than � ten feet from any side street or alley right-of-way, or the distance required for side yard by the � ���,o� � � � /7a oy � Page 24. zoning code, whichever is greater. (4) No swimming pool shall be located in a public easement. (5) All yard's containing swimming pools shall be enclosed by an obscuring fence not less tha.n four feet in height. The gates shall be of a self-closing and self-latching type, with the latch on the inside of the gate, not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. (6) All ards containin hot tubs shall be secured as in c ause or s a ve a cover w ic sha 1 be loc e w en t e hot tu is not in use. Section 42. That section 62. 116 of the St. Paul Legislative Code be and the same is hereby amended by deleting therefrom the references to Area IV and Area V and the maximum height of structures permitted therein. . Section 43. That section 63 . 103 of the St. Paul Legislative Code . be and the same is hereby amended to read as follows : � ' 63. 103. �EIGHT LIMIT_7 The height limitations of this co3e sha.11 not apply to €a�x�-b�.���.�xg9 mechanical service stacks tanks , ventilation e ui ment, c imneys , c ure spires , ag po es , pu ic � . monuments , e� accessory radio and television antennas , and similar equipment; provided, how- . ever, tha� e p anning commission may specify a height limit for any such structure when such structure requires authorization as use subject to special conditions . Section 44. That section 63 . 106 of the St. Paul Legislative Code be and the same is hereby amended to read as follows : 63 . 106. /FORCHES .7 An open, unenclosed�, and uncovered porch—or paved terrace on the ground _ . _ _ _ _ __ _ _____. . ___ ___.__ __- , v� . °(,� �'y ��o� . i7��y : Page 25. floor may project into a front or rear yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies . Section 45. That section 66. 202 , subdivision 3 of the St. Paul Legisla.tive Code, the first unnumbered paragraph only, be and the same is hereby amended to read as follows : Subd. 3. /RESTRICTIONS ON COMBUSTIBLE MATERIALS.] All signs and sign structures exce t round si ns shall have structural members o noncom us i e materials . Section 46. That section 66.202 , subdivision 4, clause (1) of the St. Paul Legislative Code be and the � same is hereby amended to read as follows : (1) /�ENERAL.7' All types of signs shall conform to the clearance and projection rec�uirements of this section and to building height restric- tions described in the zoning code. Except for roof signs permitted by this chapter, no si gn shall project higher than 50 feet above grade level or 25 feet above the surface of the adjacent roadway, whichever is higher. In the B-4 and B-S Districts , no roof sign shall � � . ro 'ect hi her than 25 feet above the roof v e ui in� on w ic i is oca e . � Section 4 7. That section 66.202 , subdivision 5 , clause (2) of the St. Paul Legislative Code be and the same is hereby amended ' to read as follows : . (2) When specifically permitted �in a zonin� district, a pole sign ma.y extend into a public right-of-way up to four feet but in no case may come closer than two feet �rom the curb line e� and ten feet - above the ground level, and provided such sign does not violate Minnesota Statutes , Section 160. 27. . � �y-i�od� . � /��o y Page 26. Section 48. That section 66. 202 , subdivision 6, clause (2) of the St. Paul Legislative Code be and the same is hereby amended to read as follows: (2) When specifically permitted in a zoning district, signs projecting over a public right-of-way ma.y project up to four feet from the property line, but in no case may come closer than two feet from the curb line e� and ten feet above ground Ievel, and provided such'signs do not violate Minnesota Statutes , Section 160.27. Section 49. That section 66.202 , subdivision 13 of the St. Paul Legislative Code be and the same is hereby amended to read as follows : Subd. 13. �EMPORARY SIGNS_7 h (1) No temporary sign shall exceed a total of 100 feet in area or six feet in height except as otherwise provided herein. ���--6t�pge��:--�'ex�ge�s��-e���s-s�ia��-be-et�p�e��ed ax�.-a��ael�e�.-6a��l�-ia��e-�ege-�a��l�-a-�n�a��t� d�a�e�e�-e€-�l��ee-e�gk�l�9-��e1�:--P�e-e���xgs; ���e�-�epes;-e�-�aee�.-9�E1�9-sl�a��-�e-ge����ed � €e�-�t3.pge��-e�-aaeke�age-gts�geeee:--C�e�l� 9�gA8-ax�.-ga�e�s-9ka��-be-pe��'e�a�ed-e�e�-e� �eas�-�ex-ge�eex�-e�-�l�e-a�ea-�e-�edt�.ee-�ov�ad �ee�e�a�ee: E�£EEP�'�6Pd�--�'ex�pe�a��-9�gxe-e�e�-g���a�e g�epe���*-ae�-exeee��ng-6A-eqta.a�e-�ee�-sl�a}} be-et�gge��ed-axd-a��ael�e�-�a��l�-�a��e-�ege-a�.d el�a��-�ee�-�l�e-�eqt�.��ex3e��s-e�-6xb�.���s�e�.e �;-3-a�d-4-e�-�1��8-eee��eA: �3 2� Clearance. Temporary signs , other than cloth, eight feet or more above the ground, may project not more than six inches over public property. _ . _ _ _ _. ____ _ ___ _____ _ o� . � g'y—i7o� /7�oy Page 27. �4 3� /L'LOTH SIGNS .AND BANNERS_7' (a) It sl�a��-be is unlawful for any person, firm or corporation to suspend or project any cloth or banner sign of any typ e wha.tever over a s"�reet, alley, or other public property for the purpose of business advertisement. (b) Temporary permission shall be allowed for a cloth or banner sign for a period not to excee days3-��e�a�d�ag-ea�d-pe���9e�ea �9-agp�e�ed-as-�e-�l�e-9�gEi�9-�eea��ea;-e�se; dee�gA-aAd-l�aag�ag-b�-��e-d���s�ea-e€-l�e�.��ag axd-b�.���.�xg-ee�e-ea€eree�ex�. - (c) No cloth or banner sign shall exceed a total of 12� square feet in area� and there shall be no more than one such sign for any 20 feet of frontage of any building fronting - ---�- on pub lic property. (d) Su ort. Tem o_r�ar��cloth and banner si�ns s a . e su or�3 anT��ac�ieTwifti wire ro e or e uiva ent wit a minimum iameter o ree-eigTi�Tis inc-Fi. l�o s�rin�s , i er ropes , or wood slats shall be ermitted for support or anchorage purposes . Cloth signs an ane s sF�ia7I� er�orate over a east ten �ercent o t e area to re uce win � resis�nce. � . � EXCEPTION: Temporar�igns over private ro er��-exc�ee 'in b s uare ee s a e su orte an attac e wit wire � ro e an s�mee�� e� re uiremen s o _ subdivisions 2, 3 , and o this section. - (e) Pro 'ection. Cloth si ns and banners ma • exten over Pu ic property an s a main ain a minimum c earance o �et � provi ed permission has been �ranted by the zoning administrator. (f) No ermit or ermit fee shall be required ' �or suc c o �i ns or anners u a7T ' safety requirements of this code shall e in force• rovided further, that aPproval : as o e si n s oca ion size c7esi n an n in must e o taine rom t e . ivision o ousing an ui in� co e enforcement. �� -i7��" ' . . �7ae y Page 28 . E��--�s�se�►���a�-BAATAtERfi;-��,Aes-A�-e�r��r�s_� Ea�--Beee�a���e-�aa�e�5;-€�a�e-e�-e�l�e�-e��e.x3ea�e �a�-be-�e�xpe�a����-st�spe�.ded-e�-g�e�ee�ed e�e�-s��ee�s;-a��e�e;-e�-e�ke�-ptsb��e g�ege���-€e�-e-ge��e�.-e�-���ae-ne�-�e-exeeed 3A-�.a�e-��-�l�e-�eea��e�-aad-dee�gA-e�-9t�ek. deeera���e-be��e�s;-€�a�s-e�-e��.e�-e�na�ten�s a�e-agg�e�aed-��-�k.e-�.���s�eA-e�-�i9t7.9�Ag-aAd bx��d�Ag-eede-ex€e�ee�xea�: . Eb�--Ale-ge���-e�-ge����-�ee-91�a��-be-�eqt���ed €er-9xel�-deee�a���e-baA�e�e;-€�ag9-e� e�l�e�-e��a�tea�s;-bx�-a��-9a�e��-�eq�.��e- �e��s-e€-�l��e-ee�.e-ek.a�£-�e-��-�e�ee: �e�--��e�ee��e�:--Beee�a��e�.e-t�e�-ex�ead-e�e� gtib��e-p�eger��-aad-e�.a��-fRB.�A$8�R-a-��a��t� e�ea�aaee-e�-�A-�ee�;-p�e��de�.-pe��9e�ex 1�a9-bee�-gran�ed-b�-��.e-sea�ag-ad�x�A�.s��a�e�: . A�'"'"' Section 50. " That section 66.205, subdivision 2 , clause (4) of the Saint Paul Legislative Code, the introductory paragraph only, be and the same is hereby amended to read as follows : . (4) Temporary signs �e�-g�and-epe���g9-ar��.-�.e��da�9 shall be permitted as follows : Section 51. That section 66.206, subdivision 2 , clause (4) of the St. Paul Legislative Code, the introductory paragraph only, � be and the same is hereby amended to read as follows : � (4) Temporary signs �e�-g�axd-ege�.�xge-a��-l�e��da�9 shall be permitted as follows : Section 52. That section 67,304 of the St. Paul Legislative Code be and the same is hereby amended by adding the following thereto : (6) � The division does not result in the creation � T of a non-conforming structure or use. _ _ _ _ _ __ _ ____ -- _ ___ _ _ _ __ �, �=�t��7d� � ���o� Page 29 . Section 53. That section 67.304 of the St. Paul Legislative Code be and the same is hereby further amended by designating the present section as subdivision 1 and by adding a subdivision to read as follows : Subd. 2. /EXCEPTIONS.7 In cases where latted lots share common boundaries suc as a e s vacate u ic ri s-o -wa an ro er ines an w ere oun aries are ein re rawn to create new e a escri ions e annin a minis ra or ma. etermine that such transactions are ad_justments of common boundaries rather than lot s� lits. n suc cases e annin a minis ra or s 11 re uire a surve as escri e in section . e survey o inc u e e new o s an e new le al descri tions . The lannin administrator shall review such surve or com liance with sec ion . su ivision an i in com liance s s am surve s as a rove . Suc surve s an _. leg�l descriptions shall then be recor ed. Section 54. That section 67.305 of the St. Paul Legislative Code be and the same is hereby amended to read as follows : 67.305. �PPLICATION.7 A�plication for approval for lot splits shall be submitted to the planning ' administrator on forms furnished by the planning division and shall inelude a-��a���g-slqeba�xg-�ke €e��e�ov�ng-���e�a��eA four copies of a Certificate � � � of Survey drawn to an engineer s scale including: . (1) Scale and north direction. (2) Dimensions of the property. � , (3) Names and locations of adjacent streets . (4) Locations of existing buildings on and within �AA .2 5 feet of the subject property. (5) Such other information as ma.y be required, such � as a grading plan or contour map, to fu11y � represent the intent of the lot split or to determine if the slot split meets the intent and requirements of this chapter� WMIYE - CITV CLERK � PINK - FINANCE CANARV - DEPARTMENT GITY OF SAINT PAUL COIl/1C1 BI.UE -MAVOR File NO. �� /�� � • O/ ZIZG�IZCP. Ordinance NO. �lae y Presented By Referred To Committee: Date Out of Committee By Date Page 30. Section 55. This ordinance is deemed a part of the St. Paul Legislative Code and shall be incorporated therein and given an appropriate ch� ter and/or section number at the time of the next revision of said Legislative Code. Section 56. This ordinance shall take effect and be in force 30 days after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays .�t�'1tiaF �Nit/�� � Drew In Favor Masanz Nicosia 0 A ainst BY — Schsibel g Tedesco Wilson Adopted by Council: Date JAN � � �� Form Approve City Attorn �. �i Certified Pa s d S Cou cil et BY i By Approv d May r: a � �l � '�� 1 6 � Approved ayor for Submission to Council By PtJ�t-f�� JAN 2 G 1985 ' �� �' ��-�7ad' • �����=• o,� CIZ`Y OF SAINT PAUL e � OFFICE OF THE MAYOR + ==�it o . � ���� 347 CITY HALL SAINT PAUL, MINNESOTA 55102 GEORGE LATIMER (612) 298-4323 MAYOR June 20, 1984 Council President Victor Tedesco Mem6ers of the Ci:ty Council 7th F1oor, City Ha11 Saint Paul , Mi:nnesota 55102 Dear Council President Tedesco and ��9�mbers of the City Cquncil : I am transmitting with this letter Zoning Text Amendments Five. Tf�ese amendments, with the exception of t ose per ai`ni`nq to e an 6reakfast establishments, were approved by the P1anni:ng Commission on June 8, 1984. The bed and breakfast amendments were held 6ack by the Planning Commission for further study. I strongly support these amendments, and I urge your support as well . I believe they fulfill their purpose: to simplify Code language and stream- line procedures; to reflect new technoloc�ies; to address Comprehensive Plan policies; to incorporate legal opinion; and to clarify the Code's intent. The amendments also increase the Planninq Commission's discretion in the determination of appropriate reuse of nonresidential structures and in the determination of the status of nanconforminq structures and uses. These amendments provide needed flexibility to the Zoning Code while still protecting our neiqhborhoods. I request that you consider these amendments at your earliest convenience. Zf T can be of any assistance durinq your deliberations, do not hesitate to ask. Sincerely eo ati er May r GL:sb Encl . � � � �_ . .� ' ��'�., ° "f��7� y�,,� . i TNr_ DEPARTt•1ENT 4a. �.�° � R�D,-R LIIJ�tAG ,.�, Chuck McGuire�p�1e��.��TACT � 7494 PHONE v 7-�2.0-�3'4 DATE i ��� �r � ' (Routing and Explanation Sheet) Assi Number for Routin Order Cli All Locations for oral Si ature : Depar�tment Di rector . . 4� Ci ty Attorney � � Di rector of Management/Mayor ���'�J,� � Fi nance and Management Servi ces Di r�ctor �,y ..� 3 City Clerk Budget Di rector i�hat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): The proposed Text Amendments Five will update the Zoning Code: simplify complex code language; reflect new technologies; address Comprehensive Plan policies; streamline procedures; incorpora�e legal opinion; clarify the Code's intent; and increase the discretionary authority of the Planning Corronission. J Financial , Budgetary and Personnel Impacts Anticipated: Funding Source and Fund Activity Nurt�ber Charged or Credited: Attachments (List and Number all Attachments�: : �. 1 . Drafttletter from Mayor to City Council transmitting Planning Commission reeommendations (for Mayor's signature) 2. Planning Commission resolution 3. Text Amendments Five (10 copies) ' r' ts 13 and 15 DEPARTMENT REVIEW CITY ATTORNEY REVIE�I - Yes X No Counci 1 Resol uti on Requi red? �tes��orri�eqtii red? �_ Yes No Yes X No Insurance Required? Insurance Sufficient? Yes No Yes � No Insarance Attached? Revision of October, 1982 (SPP RPVPI^CP Sidp for �Instructions) . b HOW TO USE THE GREEN SHEE�. • The GREEN SHEET has several purposes: � 1. To assist in routin documents and in securinq requued s qnatures 2 . To' brief the reviewers of documents on the impacts of approval 3. To help ensure that necessary suoportinQ materials are prepared and, if required, attached. ROUTING � �ost GREE:i SHEET actions must be rev=��ae3 5y a Je�ar::�ezt �irec;.or, t:�e City �t�oraey, t!�e DirscLOr oT irianaqe�.eat, �he Director of Finance and Manaqement Services. Other possible reviewers/signatures are listed. BRIEFING • Most of the GREEN SHEET headinqs are desiqned to assist in developinq a precis of the decision which the attachments represent. The headings are offered to remind users of some . of the m�re criticaZ elements of this brief. , � The Financial Bud etar and Personnel ImAacts headinq provides a space to expla n the cost benefit aspects of the decision. Costs and benefits relate both to City budqet (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. SJPPORTING MATERIALS . In the Attachments section, list all attachments. If the GREEN SHEET is well one, no letter of transmittal need be included (unless signinq such a letter is one of the requested actions) . Note: Actions which require City Council resolutions include: a. Contractual relationship with another qovernment unit. b. Collective bargaininq. c. Purchase or sale of land, or lease of land. d. Zssuance of bonds by City. e. Eminent domain. • f. Assumption of liability by City, or grantinq by City of indemnification. g. Agreements with State or Federal Government under which they are providing fundinq. Note also: If an agreement requires evidence of insurance/co- insurance, a Certificate of Insurance should be one � � �'��i��P i��o� � 1 � [ � � . Zonir� Text Amendmer�s F'iv�e � , � _ . public he+�rin� ch-� � � � � � Planning Commission approved 6-8-84 � � � 1 . � � ���nc�v�snniig sna Economic o.vsbpm.ee � as°'oiv"e."'"'� 23 1AIwt FouKfi 8tnst, 8�int Pwl, Minnssa� '�AOp � - � ���,°�' city of saint paul pfanning commission resoluti�n fife number 84-,4 � �te June 8, 1984 WHEREAS, Chapter 60 of the SAINT PAUL LEGISLATIIIE CODE provides for amendments to the ZONING CODE; and WHEREAS, pursuant to Minnesota Statutes 462.357(5� , the Planning Corr�nission did hold a public hearing on the proposed ZONING TEXT AMENDMENTS FIVE at its regutar meeting on May 25, 1984; and \ WHEREAS, the Planning Corr�nission has determined: 1 . That the number of real estate descriptions affected by the ordinance renders the obtaining of written consents impractical ; 2. That a survey of an area in excess of forty acres has been made; 3. That a determination has been made that the amendments as proposed are related to the overall needs of the community, to existing land use, and to the Com- prehensive Plan; and 4. That pursuant to State Statutes proper notice of the hearing was given in the Pioneer Press and Dispatch on May 11 , 18, and 25, 1984; and WHEREAS, in conducting its public hearing first noted above, the Planning Commissian heard no adverse testimony concerning the proposed amendments excepting these which relate to the regulation of "Bed and Breakfast" definitions and uses, specifically Sec�ions ?.�, 2.6, 2.7 anc� 2.17 of ZONING TEXT AMENDMENTS FIVE; and WHEREAS, the Planning Corrrvnnission recognizes the need to accomrnodate changes in construction, the economy, the city's population, technology and lifestyles in an expeditious manner by periodically updating the ZONING CODE to insure Tts viability as a regulatory tool ; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approval of ZONING TEXT AMENDMENTS FIVE, excepting Sections 2.5, 2.6, 2.7 and 2.17, to the ZONING CODE as attached hereto and directs the Planning Administrator to forward the amendments and this resolution to the Mayor and City Council for their review and action. moved by Pangal � s�;conded by Levy _ in favor 16 . against ° � . �� ��G� 1 p p D C� D D 1 � Totvr� Te�ct Amendments Fiv�e � l. What do the proposed amendments do? � - Simplify complex Code language: subdivision, density and setback requirements, bonus parking. - Reflect new technologies and lifestyles: earth � sheltered housing, bed and breakfast, free-standing banks and hot tubs. � � - Address Comprehensive Plan policies: cluster ��r��� development, reuse of non-residential structures. - Streamline procedures: lot splits, daycare, , site plan review. - Incorporate legal opinion: measurement standards � for game rooms. - Clarify the intent of the Code: above ground � pools, autobody repair, detached garages, signs. - Increase discretionary authority of the Planning 1 Commission: nonconforming uses and structures. - Require some parking for a change in use; for __� an expansion of a use; and for outside uses, such as restaurants. 2. Who initiated the amendments? Saint Paul adopted its current Zoning Code in 1975. Since then changes in construction, the economy, the city's population, technology, and lifestyles have demanded that the Zoning Code be updated periodically to insure its viability as a regulatory tool. This is the fifth in a series of updates initiated by the Planning Commission. The Grand Avenue Forty Acre Study recommended the parking changes. :i DIVISION OF PLANNING • DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT • CITY OF SAINT PAUL 421 WABASHA STREET • SAINT PAUL, MINNESOTA, 55102 • TELEPHONE: 612-28&4151 � No�ii�e of Public Heariing . The City Planning Commission of Saint Paul has initiated proceedings relative to the amend- ment of Chapter 60 Saint Paul Legislative Code, i.e. Zoning. Specific texts of the proposed ordinance are on file in the Zoning Section of the City Planning Division, located at the City Hall Annex, 25 West Fourth Street, llth Floor, and may be reviewed there upon request. The Planning Commission has fixed the 25th day of May, 1984, at 9:00 in the morning, in the City Hall Annex Auditorium� 15th Floor, 25 West Fourth Street; and at said time and place the Planning Commission will hear all objections and recommendations relative to said amendments. David Lanagren Chairman City Planning Commission of Saint Paul If you have questions, contact Donna McNeally, 1100 City•Hall Annex 292-1577 � �=- ��`�--/7�� � , TABLE OF CONTENTS 1.0 INTRODUCTION � 1.1 BACKGROUND 1.2 PURPOSE AND SCOPE � 1.3 METHODOLOGY 2.0 REVISIONS TO CHAPTER 60: PURPOSE; DEFINITIONS; DISTRICT USES ' AND REQUIREMENTS 2.1 DEFINITION: ACCESSORY USE I2.2 DEFINITION: ANTENNA, RADIO AND TELEVISION � 2.3 DEFINITION: AUTO REPAIR STATION 2.4 DEFINITION: AUTO BODY SHOP ' 2.5 D€��P�I�I�A�Vt-$��-A�-�£�4a4f�A�S� NOT TRANSMITTED 2.6 D�F�?�K3Nt-$�{�-A#p-��44I4��-EJ�PH�' NOT TRANSMITTED t2•7 D£^��c�H-FK�fV:-�BE�A�flI�F-Afi��-R{���44�AlC'r�SE NOT TRANSMITTED � 2.8 DEFINITION: BUILDABLE AREA 2.9 DEFI,'VITION: CLUSTER DEVELOPMENT � 2.10 DEFINITION: FINISHING SHOP 2.11 DEFIIVITION: SWI�'VfMING POOL ' 2.12 GROUP DAY CARE � 2.13 ACCESSORY USES AND STRUCTURES 2.14 GROUP DAY CARE � 2.15 MUNICIPAL RECREATION CENTERS 2.16 RECREATION CENTER PARKING , 2.17 gE�-A�}fl-B��A�4�,4�F-ER—�---�-4} NOT TRANSMITTED � 2.18 CONVERSION OF NON-RESIDENTIAL STRUCTURES (R-1 - R-4) 2.19 CLUSTER DEVELOPMENT (R-1 - R-4) � 2.20 CHURCHES (R�1A-3) 2.2! HOSPITALS (R1A-3) � 2.22 CHURCHES (OS-1) r �� 2.23 OS-1 USES (B -1) � 2.24 MEASUREMENT FOR GAMEROOMS (B-2) � 2.25 AUTO REPAIR STATION (B-3) 2.26 FINISHING SHOPS (B-3) � 2.27 HOTELS (B-3) 2.28 HOSPITALS (B-3) , 2.29 AUTO REPAIR (B-3) � 2.30 AUTO REPAIR, AUTO BODY (I-1) 2.31 PARKING FACILITY (P-1) � 2.32 BUILDINGS ON P-1 LOT 2.33 SITE PLAN FOR P-1 LOT , 3.0 REVISIONS TO CHAPTER 61: SCHEDULE OF REGULATIONS � 3.1 SUBDIVISION REQUIRE.'WENTS � 3.2 AVERAGE SETBACKS (RESIDENTIAL) � 3.3 SETBACK FORIAULA (RESIDENTIAL) 3.4 DISTANCE BETWEEN BUILDINGS (RT-2) � 3.5 DENSITY FORMULA (RESIDENTIAL) � 3.6 PARKING BONUS FORMULA (RESIDENTIAL) 3.7 DISTANCE BETWEEN BUILDINGS (RAA-1, 2, 3) j3.8 LOT SIZES - SUBDIVISION 3.9 AVERAGE SETBACKS (OS-1, B-1) � 3.10 SETBACKS (INDUSTRIAL) 3.11 VISUAL SCREENS (INDUSTRIAL) � 3.12 SCHEDULE OF REGULATIONS (P-1) � 3.13 VISUAL SCREEN (P-1) 3.14 BUILDINGS (P-1) � 4.0 REVISIONS TO CHAPTER 61: GENERAL PROVISIONS � 4.1 EFFECTIVE DATE OF CODE 4.2 NONCONFORMING USE AND STRUCTURES: AUTO BODY SHOPS � 4.3 NONCONFORMING USE AND STRUCTURES: EXCEPTION / (�`- ��'Y-- � �c;�. � 4.4 EXPANSION OF NONCONFORMING USE: EXCEPTION � 4.5 SITE PLAN: PAVING PARKING LOT � 4.6 PARKING: EXPANSION OF UFA 4.7 PARKING: OUTSIDE SERVICE AREA � 4.8 PARKING: CHANGE IN USE 4.9 PARKING: DIMENSIONS � 4.10 ACCESSORY BUILDINGS: LOCATION � 4.11 ACCESSORY BUILDINGS: HEIGHTS 4.12 ACCESSORY BUILDINGS: SIZE i4.13 THROUGH LOTS: ACCESSORY BUILDINGS 4.14 ACCESSORY BUILDINGS: SETBACKS � 4.15 GARBAGE DUMPSTERS: SCREENS 1 4.16 EARTH-SHELTERED STRUCTURES: SETBACKS 4.17 SITE PLAN REVIEW: EXELIPTIONS E4.18 FREE-STANDING FACILITIES ON PARKING LOTS 4.19 REVISED SITE PLANS: DEADLINES � 4.20 SECURITY AGREEMENT: DEADLINES � 4.21 HOT TUBS: LOCATION 4.22 HOT TUBS: SECURITY � 4.23 CAAPB: HEIGHT LIMITATIONS 5.0 REVISIONS TO CHAPTER 63: GENERAL EXCEPTIONS � 5.1 MECHANICALS: HEIGHTS � 5.2 PORCHES: SETBACKS 6.0 REVISIONS TO CHAPTER 66: SIGNS � 6.1 STRUCTURAL DESIGN AND CONSTRUCTION 6.2 MATERIALS � 6.3 HEIGHTS PROVISIONS (B-4, B-5) � 6.4 PROJECTING SIGNS: HEIGHT 6.5 TE�IPORARY SIGNS I � �� 6.6 CLOTH SIGNS AND BANNERS 6.7 TEMPORARY SIGNS AND BANNERS (DELETION) � 6.8 TEVIPORARY SIGNS (OS-1, B-1) � 6.9 TEMPORAR�I SIGNS (B-2, B-3, ES) 7.0 REVISIONS TO CHAPTER 67: SUBDIVISION REGULATIONS � 7.1 LOT SPLITS: NONCONFORMNG USES 7.2 LOT SPLITS: EXCEPTIONS � 7.3 LOT SPLITS: APPLICATION � � � � � � � � � � � � �' � � ,�'y— ��c��, � � 1.0 INTRODUCTION 1.1 BACKGROUND Saint Paul adopted its current Zoning Code in 1975. Since then, changes in construction, the economy, the � city's population, technology and life styles have demanded that the Zoning Code be updated periodically to insure its viability as a regulatory tool. This is the fifth in La series of updates initiated in 1981. 1.2 PURPOSE AND Text Amendments V are proposed to simplify complex I SCOPE requirements (subdivision; density and setback formulae); to reflect new technologies and life styles (earth-sheltered housing, free standing banks, hot tubs); to address Comp- rehensive Plan policies (cluster development, reuse of � non-residential structures); to streamline procedures (lot splits, day care); to incorporate legal opinion (measurement standards); to clarify the origina! intent of the Code � (above-ground pools, autobody repair); and to increase the discretionary authority of the Planning Commission (non-conforming structures and uses). � 1.3 METHODOLOGY The report presents a brief description of the type of amendment proposed, the proposed language, and a discussion of the reason for the change. Language to � be deleted from the Code is dashed through; proposed new language is underlined. � � � � � � � � � � i � � �y-/7G.� � � 2.0 REVISIONS TO CHAPTER 60: ADOPTION, PURPOSE, DEFINITIONS, DISTRICT USES � 2.1 Section 60.201 ACCESSORY USE (DEFINITION) Add antennas. � New Section (12) Radio and television antennas sub'ect to the re ulations in 62. . � 2.2 Section 60.201 ANTENNA, RADIO AND TELEVISION (DEFINITION) New Section Antenna Radio and Television. A wire or set of wires � use in transmittin receivin e ectroma netic waves an inc u in t e su rti� structure• inc u es ut � is not imite to, amateur.ra io antennas, te evision antennas, and satellite receiving is es. � DISCUSSION The first page of the antenna ordinance (adopted by � City Council on Apcil 20, 1982) adding regulations for radio and television antennas was lost in transmittal � from the Mayor to the Council. These two definitions wece on that first page; they wece approved by the Planning Commission. � 2.3 Section 60.201 AUTO REPAIR (DEFINITiON) Differentiate between types of auto repair. � P�oposed Revision Auto repair station. A place where the following services may be carried out: general auto repair; engine rebuilding; � rebuilding or reconditioning of motor vehicles. c-e�ks}eF►- sec�if�sac-�.as-�ed�r��ar��ar-#ec�e�s�Fafg��tew�►g- �d{�afF;o�e�ca�-pa�flt��ga�d-dade�ea�i�gd�adte�wobi�es.r The sale of engine fuels may or may not also be carcied � on. 2.4 Section 60.201 AUTO BODY SHOP (DEFINITION) � New Section Auto bod sho . A sho in the business of makin substantiai re airs to t e s e or o an automo i e an o ma or or � su stantia! inLn or re intin o t e s e or an w ere t e o owin services ma so e carrie out: ener auto re ir; en ine re ui in • re ui in or recon itionin o motor ve ic es• co ision service � suc as o rame, or en er strai tenin an re ir• overa painting an un ercoating. � DISCUSSION The intent of these changes is to differentiate types � of auto repair in order to relegate general repair to - B-3 zones and bodywork involving substantial health and safety hazards to the I-1. The language incocporates the licensing definition. � � 2.5 Section 60.202 BED AND BREAKFAST (DEFINITION) � Retained by Planning Commission for further study � 2.6 Section 60.202 BED AND BREAKFAST UNIT (DEFINITION) Retained by Planning Commission for further study � 2.7 Section 60.202 BOARDING, ROOMING, OR ROOMING AND BOARDING HOUSE (DEFINITION) � Retained by Planning Commission for further study 2.8 Section 60.202 BUILDABLE AREA (DEFINITION) � Add new definition � New Section Buildable Area. The maximum s ce as defined b set- back and lot covera e re uirements n w ich rinci al � an accessory structu�es may e i t. DISCUSSION � This definition is coupled with revised regulations for accessory structures. It defines the "building envelope": the portion of the parcel that could be built on given � setback and lot coverage requirements. 2.9 Section 60.203 CLUSTER DEVELOPMENT (DEFINITION) � Add new definition � Cluster develo ment: The arran ement of two or more attac e , common w , sin e ami units wit no unit intru ing on t e vertica airspace o any ot er unit. � DISCUSSION � This definition is a companion to Section 60.413 (13). � 2.10 Section 60.206 FINISHING SHOP (DEFINITION) Add new definition � New Section Finishin sho . An business which involves s ra intin or the a lication of combusti le materials inclu in urniture inis ing an ca inet ma !ng ut not inc u ing 1 auto o y s ops. DISCUSSION � This definition is a companion to listing finishing shops in the B-3 zone. � �;�.- ���, - ,�o� � 9 SWIMMING POOL (DEFINITION) 2.11 Section 60.21 � Add new definition New Section Swimmin Pool. .4 00l or tub constructed either above � or e ow ra e an vin a ca acity o or more �a ons• � DISCUSSION Although they pose the same health, safety, and enjoyment of adjacent property problems, without a definition af � swimming pool, above ground pools are exempt from Zoning Code regulations. This new definition will resolve that discrepancy and also will allow the City to ticket � violaters. This definition is consistent with the Uniform Building Code. � 2.13 Section 60.412 PRINCIPAL USES PERMITTED Change group day care to a permitted use � Proposed Revision (9) Family day care� group family day care3 and group day care when located in a non-residential structure ormer occu ie a c urc , sc oo , or simi ar � aci !tY• - DISCUSSION � The single condition attached to group day care is its location in a non-residential structure - a condition they either meet or don't meet. This change eliminates the � need for public hearing by the Planning Commission. 2.13 Sections - Various ACCESSORY BUILDINGS, ST'RUCTURES AND USES � Tighten accessory category � 60.412 (10) R-1 through R-4 60.422 (4) RT-1 60.432 (4) RT-2 60.442 (4) RM-1 � 60.452 (2) RM-2 60.462 (4) RM-3 60.512 (6) OS-1 � 60.522 (12) B-1 60.532 (5) B-2 60.542 (11) B-3 � 60.552 (14) B-4 60.562 (10) B-5 60.572 (3) B-2C 60.612 (23) I-1 � 60.622 (6) I-2 60.632 (3) I-3 � Proposed Revision Accessory buildings, structures, and uses as defined in Section 60.201 A. � � DISCUSSION � The intent of the Code has been circumvented by individuals who claim immunity under the ambiguous "customarily incident" and who also establish accessory structures � and uses on separate zoning lots. This chan e refers back to the more restrictive definition o accessor : a use w ic !s c ear inci enti to, customari ound in connection wit an exce i as rovi e in cLon �+` • 04 locate on t e sarne zonin ot as t e rinci al use to w ic i is re ate . � 2.14 Section 60.413 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS � Remove Group Day Care from special use category. Proposed Revision E�A�-1Qco��a�Eafe,�eY�dec��ai-�-+s-k�sa#ed��a- aor�-Fes�e�ia�!-sffaE-t��ef��e�tl��#�r�eF�y-eef�e�- � ,�a��afE�i,-sE�r��i�e-�-ow�e�-Fe�e�-ea�}er�€a�e���� a�a��}�a�-�1d�i�gr4r-o�taeF�i�r�af as�{�►e�w�i�c,.�.as-a �tr�i�-t�se-pef�t�te�-s�tb�ee�f��peefa�-�efx�e�io�s. � DISCUSSION � This change is a companion to 2.12 which makes Group Day Care a permitted use. 2.15 Section 60.413 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL � CONDITIONS (R-1 THROUGH R-4) Clarify definition � Proposed Revision (7) Private noncommercial recreational areas, institutional, munici al, or community recreation centers, nonprofit swimming pool club, all subject to the following conditions: � DISCUSSION � Although the original intent of the 1975 Code was to include municipal facilities within communit recreation, there have been problems in interpretation an app�lica ion � 2.16 Section 60.41 P 3 PRINCI AL USES PERMITTED SUBJECT TO SPECIAL � CONDITIONS (R-1 THROUGH R-4) Transfer parking requirements to parking sections � Proposed Revision E��(c}-�,bjc��-fe-t�e��o�i�x�sd€�-�ee�fe�-64�3A9�-Sabc#�i�o��r e€�-st�e���aFk}Ags#�a�l-��xd�i�e�dso-afrto-ac-eeciaoda�e �o�-�ess-�#�o�e-�o�t-b�€-t�e-ff►e�wwbe�-€a�i�f es-a�c�/ef �a�v+��al-�r�be�s-e Yer-�b�e afs-a€-ag��-P�r-ior-�o-�� � ;ss�a�c-e�€-a�a�l�i�g-�ei-�i�-ef-�or+i�g�ef�fa�ee�efs��T �y�la�ws-a�c�o��ic-ia�-�wer�beFSk��Fe���o€�t�e��ga�i,aa�teA � skaal�-���o�i�#e�-�a�f�er-to-d��eF����l��er�►be�sk��- }aual�ed-f-0�-serp.p�ti�-tJae-e��-st��sat�aFlc�agsec}di�araa��ts.- � . . �.�v+sE� 9�Z6l8�4 Di ��`�l7�� SCUSSION Parking requirements appropriately belong in Section 62.103 Parking. 2.17 Section 60.413 PRINCTPAL USES SUBJECT TO SPECIAL CONDITIONS (R-1 THROUGH R-4) Retained b� Planning Commission for further study 2.18 Section 60.413 PRINCIPAL USES SUBJECT TO SPECIAL CONDITIONS � (R-1 THROUGH R-4) Provide for conversion�reuse o# structures New Sectiqn (12) Conversion or reuse of non-residential structures with conforming uses subject to the following conditions- , ��� � (a) The structure was originally constructed for/non- 5 residential purpose. . • - (b) The Planning Commission shall find that the proposed use and plans are conststent wrth the Comprehensive Plan. . (c) The Plan i Commission shall find that the ro osed � .� ,_, use and a structural alterations or additions are com�pati le with the surrounding neighborhood and land uses. (d) Parking for the new use shall be provided in accordance � with the requirements of Section 62.103 for new structures. (e) Applications for conversion or reuse shall include a notarized petitlon of two-thirds of the property owners wrthin !00 feet of the ro ert ro osed for the reuse, site pians, building elevations, and !an - scaprn� plans and other information which the . Planning Commission may request. Renumber � � Atso add to Section 60.513 OS-1 DISCUSSION Over the past several years, a number of cases have involved the conversion of non-residential structures � to residential units and commercial uses. Typically, these have been former schools (the Performing Arts Center) or churches (the Synagogue on Ashland) iocated ' in residential zones. The non-residential structure is ` a probiem for at least two reasons: because churches, schools and other institutional uses are permitted uses, even in the single family zones, they cannot qualify for status as non-conforming permitting a change in non- con#orming use; and they usually, therefore, require �,� ��--y7a�� � DISCUSSION � Parking requirements appropriately belong in Section 62.103 Parking. � 2.17 Section 60.413 PRINCIPAL USES SUBJECT TO SPECIAL CONDITIONS (R-1 THROUGH R-4) � Retained by Planning Commission for further study 2.18 Section 60.413 PRINCIPAL USES SUBJECT TO SPECIAL CONDITIONS � (R-1 THROUGH R-4) Provide for conversion/reuse of structures P � New Section , ' (12) Conversion or reuse of non-residential structures with con ormins uses su Ject to t e o owing con itions: � � b� `�� (a) The structure was ori inall constructed for non- J resi enti purpose. .� 4� ? � ,• � . (b) The Plannin Commission shall find that the ro sed � .' ' use an ans are consistent wit t e om re ensive ,�•, an. � �� : � � (c) The Plannin Commission shall find that the ro osed use an structur terations oc a itions � are com at e wit t e surroun in nei or ood _ ; '� � �,:; an an uses. .� �t - (d) Parkin for the new use shall be rovided in accordance ; �' wit t e requirements o ection or new � � structures. , (e) A lications for conversion or reuse shall include � site ans, ui in e evations, an an sca in ans an ot er in ormation w ic t e annin ,_,_ .._. ommission may request. � Renumber ��_ � Also add to Section 60.513 OS-1 DISCUSSION � Over the past several years, a number of cases have involved the conversion of non-residential structures to residential units and commercial uses. Typically, � these have been former schools (the Performing Arts Center) or churches (the Synagogue on Ashland) located in residential zones. The non-residential structure is � a problem for at least two reasons: because churches, schools and other institutional uses are �ermitte�d uses, even in the single family zones, they cannot qualify for status as non-conforming permitting a change in non- � conforming use; and they usually, therefore, require � � a rezonin which may be at a substantially hi her density g g or even in a commercial category which is incompatible � with surrounding zoning. Variances and rezonings which have been approved have been done so on a good faith basis; in most cases the project is a good one, and the � Board, Committee, and City Council think it should be accomodated. There is little debate that sound buildings should be reused, but spot zonings and variances don't � appear to be the best methods. St. Paul's Comprehensive Plan calls for "establishing criteria for flexible reuse of vacated institutional land:' � The alternative proposed here provides a method of special condition use for conversion of existing non- residential structures located in residential zones. The � zoning would remain the same, but the "good" project could be accomodated with specific provisions to protect the surrounding neighborhood (historic integrity, parking, � landscaping, density, uses). It would be, in effect, very much like a Planned Development, but on a smaller scale. The cases would be heard by the Zoning Committee ensuring neighborhood input and compliance with the � Comprehensive Plan. 2.19 Section 60.413 PRINCIPAL USES SUBJECT TO SPECIAL CONDITIONS � (R-1 THROUGH R-4) � Provide for cluster development � (13) Cluster development, subject to the following conditions: New Section (a) There shall be a minimum of two units. � (b) The units shall be attached, common wall, sin le �` �amiZy;wit no unit intru ing on t e vertica airspace � o any ot er unit. (c) The parcel shall meet the lot area required per �_ � ! unit in�'tlie zoning d'istrict. (d) The parcel shal! have a minimum frontage of 80 — �eet on an imp�ov�street. � (e) The structure shall conform to the schedule of — re u ations or i t, ot covera e, set ac s and � ar in . (f) The d,�esi n�shall be compatible with the surrounding ' ne gh ob rhood. � (� Individual lots, buildin�s, street, and �arkin areas s a e esi ne a-n3 situate3 to minimize a teration � o t e natural features an topograp y. (h) A lications for cluster develo ment shall include � — site p ans, inc u in� an�sca�i�n an e evations an3 oT�in ormation t�TPIanning ommission may request. � Renumber �� �y-��`�� � DISCUSSION � Cluster development concentrates the number of allow- able units on the most buildabte part of the parcel, leaving the rest open. Cluster permits variation in lot size, � shape, and orientation without an increase in the overall density of population or development. It preserves open space, tree cover, scenery, natural drainage ways, and outstanding topography, as well as permitting the develop- � ment of marginal land. Other advantages of clusters are: it prevents soi! erosion � by permitting development according to the nature of the terrain; storm water runoff is reduced since there is less paved area; it facilitates attractive and economical � site design; it greatly reduces street and utility lengths and costs; it allows better use of land and saves energy. St. Paul's Comprehensive Plan calls for "permitting higher � density housing in low density residential areas" and . "criteria and process"; and for "alternatives to detached single family design". Cluster housing could provide � that alternative while not increasing the density of an area or changing the nature of an area. � 2.20 Section 60.462 PRINCIPAL USES PERMITTED (RM-3) Add changes to permitted uses. � New Section (4) Churches, chapels, sYnagogues, temples and other simiTa�houses o wors ip. � Renumber nISCUSSION � This was an apparent oversight in listing permitted uses in RM-3. � 2.21 Section 60.463 PRINCIPAL USES PERMITTED SUBJECT TO SPEC[AL CONDITIONS (R:1A-3) � Add hospitals New Section (4) Hos itals and other health and medical institutions � s �ect to t e con itions set ort or - . e ium ensrt , ow- ise � u ti e- ami esi enti istrict �� in ection , rinci a uses ermitte su �ect to ._. � specia con itions. Renumber � DISCUSSION Hospitals were not carried over to RM-3 from RM-2. � � � 2.22 Section 60.512 PRINCIPAL USES PERMITTED (OS-1) � Add churches New Section (6) Churches s na o ues, tem les, and other similar � ouses o wors ip. Renumber � DISCUSSION Churches were omitted from all business/commercial � zones although there are a number of existing ones located on commercially zoned property. Churches and business uses present good potential for shared parking. � 2.23 Section 60.522 PRINCIPAL USES PERMITTED (B-1) Add OS-1 uses � New Section (1) All rinci al uses ermitted and uses rmitted sub'ect to speci con itions in t istrtct. � Deiete (4) (5) (6) (9) and (1!) and renumber � DISCUSSION This change permits the more restrictive office and � service uses of the OS-1 in the B-1 district. Many of the OS-1 uses are duplicated in the list of B-1 uses, indicating the intent of the Code to include them. � 2.24 Section 60.534 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS (B-2) � Add specific method of ineasurement Proposed Revision (3) Bowling alley, billiard hall, indoor archery range, � omd r temmos cpirts. raqiet ball and hand ball courts, -�-..--_ -�----�-� ? �.� ance halT;eTe`ctronic game room, indoor skating rink, � or similar forms of indoor commercial recreation when -� located at least 100 feet from any front, rear, or side � , `' yard of any residential lot in an adjacent residential ` � district measured from the closest oint of the buildin in which t e use is ocate to t e c osest resi enti � property ine. DISCUSSION � This change incorporates Planning Commission and Zoning staff operating policy and the City Attorney's legal opinion into the Zoning Code. � 2.25 Section 60.542 PRINCIPAL USES PERMITTED (B-3) � Clarif y original intent of 1975 Zoning Code � ��:� ���- i�o� Proposed Revision (4) New and used car salescoom, showroom, or office o�at+�efe�s�atfe� Auto re ir which is clearl accessor to a new or used car salesroom s a e permitte as an accessory use. � DISCUSSION The original intent of the 1975 Zoning Code was for � auto repair to be permitted in the B-3 �onl if it were accessory to new or used car sales. AlI oTier auto repair was first permitted in the I-1 (Section 60.612(14)). However, the prevailing interpretation has been that all auto repair � is a permitted use in the B-3. This interpretation is inconsistent with other uses within the B-3 and particularly with our more stringent special conditions for auto service � stations in the B-3. These changes would make auto repair a special condition use in the B-3 and a permitted use in the I-1. (See Section 2.25 of this report.) � 2.26 Section 60.542 PRINCIPAL USES PERMITTED (B-3) Add finishing shops � New Section (11) Finishin sho s rovided the are not within a structure w ic is so use or resi entia purposes. � Renumber � DISCUSSION Finishing shops present significant health and safety problems, especially when they are in close proximity � to residential use. The Building Code Enforcement Division and Fire 1Aarshall have recommended that they be regulated by the Zoning Code. � 2.27 Section 60.542 PRINCIPAL USES PER�'ViITTED (B-3) � Transfer mote! from special condition use to permitted use; add hotel. New Section (12) Hotels and motels. � Renumber � Remove motel from Section 60.543 (3) - Principal Uses Permitte3�ubject to Special Conditions. � DISCUSSION The sole condition attached to motels addresses access and traffic factors which are scrutiniaed during site � plan review. This permit requiring a Planning Commission public hearing and approval can be eliminated and handled through that administrative process. Hotels, while difficult � to distinguish from motels, were not included in the B-3 before; they are included in this change. � , � 2.28 Section 60.542 PRINCIPAL USES PERMITTED (B-3) IAdd hospitals Proposed Revision (!0) Hospitals � Renumber � DISCUSSION . Hospitals meet the intent of the B-3 District. diversified types of businesses intended for location along major � traffic arteries. 2.29 Section 60.543 PRINCIPAL USES SUBJECT TO SPECIAL CONDITIONS � (B-3) Add auto repair as a special condition use � New Section (11) Auto repair, subject to the follawing conditions: (a) The minimum lot area shall be 15,000 square feet. � � ^� (b) A ten-foot landsca ed buffer with screen lantin an an o scurin e�ce s re uire on an ro ert � ine a acent to an existing resi nce or a �acen o lan zoned residential. (c) All re air work shall be done within an enclosed � ui in . (d) There shall be no outside storage. - � Renumber DISCUSSION � These changes establish requirements for auto �epair � intended to negate adverse effects on surrounding neigh- borhoods. The lot area and the buffer strip are the same as required for a service station. � 2.30 Section 60.612 PRINCIPAL USES PERIAITTED (I-1) Clarify intent of Code � Proposed Revision (14) Automobile service stations, ar�d�epaif�tl�i�fe�s �as���g-�a�erc�at}�g,rac�c��e�-bi��ag-afld�a���ag. � auto repair stations, and auto body shoPs. �.�� DISCUSSION � This change clarifies that auto body work is first permitted in the I-1 (including body and frame straightening and painting). � � � ��-��� �' � 2.31 Section 60.720 P-1 VEHICULAR PARKING DISTRICT � Correct terms Proposed Revision Change references to parking lot to parking facility. � DISCUSSION � This change incorporates terms used in revisions to the parking design standards. � 2.32 Section 60.723 REQUIRED CONDITIONS (P-1) Permit buildings on P-1 lots � Proposed Revision (6) Pie� No building other than that for the shelter of attendants shall be erected upon the premises unless �s ecifica�lly ap�ro_v�e� d b ihe Planning Administrato� in site�an feview ' wg� �� �ew � -�'ee�-� �g . � DI�CUSSION From time to time, the Planning Commission has reviewed rezonings to P-1 which involve the erection of buildings � other than attendant's shelter (i.e., garage, storage). This change will give the Planning Administrator a means to approve those requests administratively, with the � option of full commission review. Height is listed on P-1 Schedule of Regulations. � 2.33 Section b0.723 REQUIRED CONDITIONS (P-1) Include site plan requirement and simplify procedures � Proposed Revision (7) Applications for the P-1 District rezoning shall �e u�adeb��ubsr�itt�ag includ�a-di�e�.�a�-la�s�o���e ��e��ded-�x�r�g-�ap a site lan which conforms to al! � standards set forth in ection t is o e, e annin ommission ma rant mo i ications o ction �� se on in�in s t at suc mo i�ion is consistent � wit t e intent o t e o an wit t e reasona e en�oyment o a �acent property. ___ DISCUSSION � P-1 is actually a rezoning to accomodate a specific plan. This change requires the plan to meet site plan criteria. � In some cases, applicants have had a hearing before the Zoning Committee for a rezoning and then another before the Board of Zoning Appeals. This change gives the � Planning Commission the authority to make modifications, insuring that the reaoning reflects a compatible plan and reducing the number of steps involved. � � � � 3.0 REVISIONS TO CHAPTER 61: SCHEDULE OF REGULATIONS � 3.1 Sections 61.101 NOTES TO 60.101 RESIDENTIAL DISTRICTS Delete reference to subdivision (61.102). � Proposed Revision (a�-�ee�ee�iorasl,�.�A,d�&�bd���sio�_�� ��e�a�d�g-€�e�c-����ra�es. � DISCUSSION Delete reference to previous subdivision regulations � and renumber. 3.2 Section 61.101 NOTES TO RESIDENTIAL DISTRICTS � Clarify the intent of averaging setbacks in developed blocks. � Proposed Revision (b}-�k3er-e.a��as�SA�e�E-efl�-e#-taa�€�e�#aatag�o# a�bk�k-is�i��-w3�#�-�ffle-��f�c-�afe�s��ae�- �.xabe-�ea�er-tacr_#arthe��r�m-thesLcee.t-tt�at��he�e4uired � €fec���ep�t�-�I��focaL-�aF�FeE}�i���€-fle�u�txas��r�s- �a-t�i��ala�r��e#-tl�blE�c��a���e-e���sz#�ear�e�age- s€-�k���o���.af��o�de�€ef�affl-�dawgs. � (b) Where at least 50 ercent of•the front foota e of an oc is ui t u wit rinci structures, t e ront � ar set ac or new structures s e e ua to t e avera e of t e existin structures, exce t t at an structure which is set back 20 ercent more or less t an t e avera e � may e discounte from t e form a. DISCUSSION � Structures which have setbacks which differ significantly from others in a block generally result in arbitrary setbacks for new structures. The intent of uniform setbacks within � a block face is better served by exempting them from the equation. � � � � � G��� l JG� � � 3.3 Section 61.101 NOTES TO 61.101 RESIDENTIAL DISTRICTS Deiete complicated references to setbacks;�x+� tcansfer � accessory structure requirements-� to Section b'F.1�T— Proposed Revision �}-.�1�g}���+3��{����e.a..g�E�_�_�}��j@.���.�#�,q-�p� � gf�a�e��€-t�e-si���ar�s�.eqa��ed�o�the�is tr��k�� leea�ed-w�hew-tk�er��s-a-EO�oa-cea��ard��atioacJ��-�a- tk�ab�c,k-eF-a�ec���de-�a�d-re�a�eflsF�i{s-w�t#�-t!� b�cc.k�i+-�st���Eross-t�arcr�arx�oc►�se,paFa�t��gsisestr-�a-Lbo- � eased€.a-��aF-�a�d-adjai�i�r�g,a�de-yafdre��ec}asf� �x�#-ia-aExf��i�g-a-ffeA#-��#-aEfess-a-so�x�x�-se�acat�g- s��ee�r�i�a���-flex��o-a�tfeet�Ma�fla�be-�e�ss�taaw- � �#�e-gr�ateF-e#-tl�s����s�e�ed��il�e-�ist�t� ��k}�a�e�€ef,a�l-�r-�c�pa�-ba�c#i��gs-ar�d��a�-�ec�+aa�te �#�#for��-�aF�-ce�}+��r��-tkae-�s�F�i�+a-w�t�if-t��ocat�ci- €eE a���i��a�-bt��gs-aflc���be�qaa�-te-t�ae-�sowt�a�d- � �e�i{-�d fef-L�i��l6�fire�-Hi-YV�lf�i-�4f',ei�E�-�O���fE,@556fjF- s#ae�es.-�la�aec�ssef�stf�c-taF�s#�-��ef-te-a� ad}��g�de�afd-��ar��e-�eas��ide yafdfc�a�e�€ef- � �#�dis�f�s#-�a-w�t}ic-I��ated. DISCUSSION � The R-2 and R-3 zones are the only two with a minimum sideyard which is less than half of the total sideyards. � The effect of deleting this part of this Section will be that in the R-2 and R-3, houses can have sideyards two feet closer to the street. The real problem on corners is accessory structure setback which is covered in Section � 62.106. 3.4 Section 61.101 NOTES TO 61.101 RESIDENTIAL DISTRICTS � Provide for RT-2 setbacks for more than one building on a parcel. � New Section (e) In the RT-2 District, when two or more buildin s are constructed on a sin le rcel, t ere shall be a dis- tance o at east eet etween ui ings. � DISCUSSION � Even though construction of several townhouse structures on a single parcel is common, the Zoning Code does not specify setbacks between the separate structures. The � rule of thumb has been 18 feet: 9 feet per required sideyard. This change incorporates that operating procedure into the Code. � � � � � 3.5 Section 61.101 NOTES TO RESIDENTIAL DISTRICTS � Correct term Proposed Revision (f) In RT-2, RM-1, RM-2 and RM-3, Districts, for the � purpose of computing the permitted number of dwelling units�-aEFey the following room assignments shall control: � DISCUSSION The density formula relates to the number of units permitted � on a specific zoning lot rather than the number per acre. 3.6 SECTION 61.101 NOTES TO 61.101 RESIDENTIAL DISTRICTS � Clarify parking bonus computation Proposed Revision (h) For each required parking space within the multiple- � family structure or otherwise completely underground, ##��r��a��,aFe���#vvc�lf�g-�i�-�eqa�eflae�f� �fEK��6EK���—��8f�l�2fE�-�2E►�er—��H&-Ef�l�rfR��@��}E�f� � e��cu�s�te-eac�-d�e�l�i�g�a�t. the lot area fi ure may be increased b 300 s uare feet. A site an s a e re wre� w en a yin or�un ergroun par ing onuses s owing � ayout an imensions. DISCUSSION � This language is intended to simplify how underground parking bonuses are computed. The site plan requirement has been added to avoid applicants rezoning to a classi- � fication based on an assumed number of spaces which because of engineering or layout reasons can't be provided. � 3.7 Section 61.101 NOTES TO 61.101 RESIDENTIAL DISTRICTS Simplify formula for multiple-family development. � New Section (i) In an RiA-1, Rl1�t-2, and RM-3 District, when two or more ui in s are constructe on t e arce , t ere s a e a istance of at east feet etween ui ings. � Delete existing (i) and substitute new (i). � DISCUSSION Working through the complex formula in the Code generally � produces a 30 feet separation. This change greatly simplifies that procedure. � � ��=�'`f-/7a� 3.8 Section 61.102 LOT SIZES � Delete sections regulated by the Subdivision Ordinance Proposed Revision Delete all of Section 61.102 � DISCUSSION � These sections regulating the subdivision of land have been superceded by the Subdivision Ordinance. � 3.9 Section 61.103 NOTES TO 61.103 BUSINESS DISTRICTS Clarify setback requirements. � Proposed Revision (a;-�a-4�-�-ef-8—l-�#istr�-�s�-v�#e��a��eas�34�eFe�� e€-tl�a�i�eal-€�ec}t-�ootage-�r�-s��ist{��s�w-a�.-0a��ef�c �sba��p-�+f�k�+x�a}�-��r�gs-so-{�lac��-as-ao-�#o-���F�e- � FE�f�lf1�C�32R��-A�-�F��fOi}��3F�-6�#�EIC�-f�i2-6E��3EI(-FE�If}t'�- e�-a�w-a�a�a-§�d���or-s�c-#a��stfi�c�s�a+�c���esk-s�a�l-� e�qi�a��o�e-a�+erage-e�-tk�se�baeJc�o�t�ie�xist�r�g-r�a�- . � ��� Renumber � DISCUSSION The front yard setback requirement for OS-1 and B-1 � is 15 feet. OS-1 and B-1 zones which share blocks with residential structures are usually located on corners. Requiring an average setback would appear to have more � of a skewing effect on the block than the simple 15 foot standard. 3.10 Section 61.104 NOTES TO 61.104 INDUSTRIAL ZONES � Simplify setback calculations. � (b) On those lots or parcels, or portions of lots or Parcels, -t�#efe�€or� which are located directly across a street or abut a side or rear lot in line in any use district, other than an I-1, � I-2, I-3 or P-1 District, t�e-bigk�es�-�oi���w-t��e�io� s+��ac�-e€-aa�-�d������afast�a�l-�{�ro}c��e�d �er�Ea��-�er��k�groaE►d,--k}-�s-Ea��i�l-a�-paf��€ �k�b�dif�g��r�#��be�eafer-�o-�#�e-beafxx�aEy e€ � saf�-a�x+��g-�fst�ic�-�Maa-a-#aor��oa�a���staAe��q+�-�� eF►e a�d-ecie-�a�€-t-i�r�e,s�he-be�g�o�b+�c�-pefra#-€�e�-�be- E�xb�e�el-r-�#ewever-stac�sT�aa�Ca,-�e�i�a�fageqa�a�ec� � �ae�ddi+�g-�c�v�s�e�es��gsa��fs�!-��xe�{�t€�s� su�t�-l�c�itatiera����raet���edfag��a-agg�ega�����ee� �a-kflea��r�as�ea-pa�a�l�l-�e-tk�st���� � � � , , , _ . , � _ . . _ : . .. _ , _ . . - ���,-,a�' Revised the required setbacks from said abuttin districts s a 1 e e ual to a minimum of / times the hei t of t e buil in s, except as note in Section 6 . . DISCUSSION The intent and requirement remain the same; this changes simplifies the language of the Seetion. Exceptions allowing for mechanicals are included in Section 63.103. 3.11 Section 61.104 NOTES TO 61.104 INDUSTRIAL ZONES Clean-up Proposed Change (e) An obscuring wall shall be provided on those sides of the property used for apen storage, parking, or service drives, loading and unloading • or servicing and abutting land zoned for residential use. The extent of such wall shall be determined by the Planning Comnission on the basis of usage. Such wall shall not be less than four feet six inches in height and may, depending on the industrial operations, be required to be eight feet _ in height, all subject to the requirements of "GENERAL PROVISIONS" Section ��,�A�3-'-'8�ss���Ag wa��sf€eqses�= 62.107, Visual Screens". DISCUSSION This change cleans up an oversight in language when new landscaping requirements were adopted. 3.12 Section 61.105 SPECIAL DISTRICTS Add P-1 setback requirements , 81.106.Speeial dietricts Proposed Rev i s i on .,,�,,,� ,,�,,�,,,,,,,r„ ,�,,,�„�,��„�,, � �..� �„ , . . tas�s.v«u* as�n..v... 1v..�.ati�..�l v.n:«aata �n, i r..r� wwu� sw a�w�w ZaM'pq�Me1 SWr+ M S1eNr FM F^� MIM- TMN ppr W� (M � � � mun ol Two �N 64105 � SPECIAL DISI'RIC!'S . � . PD Nanned UeYa{opa�ent • ■ a • s ■ a a a • � � ��M�M�Y�'� na�e none 2b ' 306 75c 7Fe I:fOC 75e nons :.S � P-t Vehi�vi�rAr4i�y �,OOOd rOd ( 15 s -t �.F t norr 1N.6_ � DISCUSSION l The chanqe in front, rear and side setbacks standardizes parking setbacks and also adds a requirement for setbacks for P-1 lots adjoining corrnnercial property. . . _ : _�,�- . _: . ,,... . � . ._. . . � �, . .� . . ,.. � . _ . , � � ' �� � � � ��17�� � Revised 3.13 Section 61.105 NOTES TO 61.105 SPECIAL DISTRICTS � Clean up. Proposed Revision (e) � W�e�e�e�=-a-R-�-B�s��=�s�-�s-s�ea�e�;-t�e�=e sba��-�e-pxe���e� If the districts adjoining the P-1 District require a greater setback, frontage setbacks equal to at least the minimum required setback standards set forth in the "SCHEDULE OF REGULATIONS" which pertain �to the adjoining . districts.shall be rovided. A wa�� visual screen shall be locate on the minimum setback line. . DISCUSSION This change makes language in this section consistent with Section 62.107 Visual Screens. 3.14 Section 61.105 NOTES TO 61.105 SPECIAL DISTRICTS Delete unnecessary footnote. Proposed Revision 4€�--Ple-s��e-ex-xea�=-�ra��s-sba��-�e-�eq���=e� exseq�-��-�qese-Eases-wqe�=e�p-�be-F-�-�a�ee�-bas-a se�ep-�e�a�3epsq�p-w��b-�=es��ep��a�-�ra�ds-as�ess � a-Ee��e�-se�axa��pg-s��ee�-e�-a�e-a�3eip�pQ-�e-s��e yax�s-�p-�qe-sa�e-��esl�3-�bep-a-�ra�d-eq�a�-�e-��e- � ��p}���-s��e-3�a�=�-�e����ed-�p-�qe-a�3aseR�-�}s��=}s� sba��-�e-�e�b�xed, DISCUSSION This change corresponds to that in 3.12. 3.15 Section 61.105 NOTES TO 61.105 SPECIAL DISTRICTS De1ete redundant notation. Proposed Revision �g�--Ne-��}���pg-e�-s���e���e-e��e�-�qaq-�ba�-€ex �be-sqe��e�-e€-�qe-a��ep�aq�-sqa��-�e-e�es�e�� DISCUSSION This requirement is included in Section 60.720-P-1 Vehicular Parking District. �� � �y'�'-�7c� � � the re uired setbacks from said abuttin districts shall � be e ual to a minimum of 1 f4 times the hei t of t e uil ings, except as note in ction � DISCUSSION The intent and requirement remain the same; this change � simplifies the language of the Section. Exceptions allowing for mechanicals are included in Section 63.103. � 3.11 Section 61.104 NOTES TO 61.104 INDUSTRIAL ZONES � Clean-up Proposed Change (e) An obscuring wall shall be provided on those sides � of the property used for open storage, parking, or service drives, loading and unloading or servicing and abutting land zoned for residential use. The extent of such wall shall be determined by the Planninng Commission on � the basis of usage. Such wall shall not be less than four feet six inches in height and may, depending on the industrial operations, be required to be eight feet in height, all � subject to the requirements of "GENERAL PROVISIONS" Section 6�,��}f�bsc���ag-�a�ls�f�ae�='- 62.107, Visual Screens". � DISCUSSION This change cleans up an oversight in language when new � landscaping requirements were adopted. 3.12 Section 61.105 SPECIAL DISTRICTS � Add P-1 setback requirements Proposed Revision s�.�os.s��.�a�5v;�� � Afn�n�Sa w.+nw�wiy� �.nw ra.A SetESa wy..�� � ld Sa vw Ur w 9r�cUw� (PO la�n FM) vwc�nl a1 ld � llna n 1Kd11 � ��a~ qMq san,� „ � � F,o,r � rar �, s►� �Fy�� i°"°°m" r+N F.w 4�°"w Fw n.w a r.o �'7 � 51.Illb SPECI AL DISTRICI'S PD Pl�nnd R.dapment • • • • • • • • • • FS Eapres���Servi e nme nnrc 2 b JO 6 75 e i S c 1511 e 75 c nau 25 P�1�'ehicul�r Pshi� I.OUOd tOd 1 IS i 1� �h F �wne R .� DISCUSSION ^ � The change in rear and side setbacks standardizes parking setbacks and also adds a requirement for setbacks for P-1 lots adjoining commercial property. � � � � � 3.13 Section 61.105 NOTES TO 61.105 SPECIAL DISTRICTS Clean up. � Proposed Revision (e) Wherever a P-1 District is created, there shall be provided frontage setbacks equal to at least the minimum � required setback standards set forth in the "SCHEDULE OF REGULATIONS" which pertain to the adjoining districts. A�v� visual screen shall be located on the minimum setback line. � DISCUSSION � This change makes language in this section consistent with Section 62.107 Visual Screens. � 3.14 Section 61.105 NOTES•TO 61.105 SPECIAL DISTRICTS Delete redundant notation. � Proposed Revision (g�-�+l���r�or-st��t���-et�ie�-tJ�ar�-tk�a�t#or-tlie- sk�el�er-o€-�#�aa��ewda��-sk�a��-be��ee�d� � DISCUSSION This requirement is included in Section 60.720-P-1 Vehicular � Parking District. � � � � � � � � � �,� ���/7v� � 4.0 REVISIONS TO CHAP7'ER 62: GENERAL PROVISIONS � 4.1 Section 62.102 NONCONFORMING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES AND PRE:VIISES � Clarify effective date of code. Proposed Revision Subdivision l. Intent. It is the intent of this code to permit legal nonconforming lots, structuresl, or uses � existing oR-t��e€�ec-t�e�ate,o��#�i�E�de- on October 25, l975, ef-arx�e�d�r�e�t�I�er�t�t continue ,� �ti t ey are removed but not to encourage their surviv�l. � It is recognized that there exist within the district--established by this code and subsequent amendments, lots, structures, and uses of land and structures which were lawfu! before this code was passed or amended which would be prohibited � regulated, or restricted under the terms of this code or future amendments. � For the purposes of this section, use means the rinci al ur ose for which land or a buildiri s ein occu ie� �, use wiii oe presumed leg y nonco orming i�i can � be demonstrated by clear and convincing evidence that prior to-t�e�€€ee�i�e�da�e-e€-�k�s-sede December 13, 1976 the use was established, converted, or en arge an occu ied pursuant to building permits issued by the City�o aint � Paul; or if it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for twenty years prior to t�e.�€€e�e.#��e � �a#e-<�€-t�-EOC�e. December 13, 1976. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the case may be. � DISCUSSION � This change clarifies what "the effective date of the Code" is. 4.2 Section 62.102 NONCONFORMING USES AND STRUCTURES � Prohibit non-conforming bodyshops from changing to other I-1 uses. � Subdivision 5. Nonconforming uses of Structures and land. � New Section (10) Existin auto bod sho s located in zones other t an in ustri zones s a e consi ere for ur oses o c anges in non-con orming uses as uses � DISCUSSION � Section 2.27 of this packet makes autobody shops an I-1 use. This means that existing ones take on the status of an I-1 use. Since the intent is to remove these incompatible � industrial uses from close proximity to residential uses, some additional safeguard is required. � � 4.3 Section 62.102 NONCONFORMING USES AND STRUC"fURES � Give the Planning Commission some flexibility in the treatment of non-conforming uses. � Subd. 5 New Section (11) EXCEPTIOIV. The Plannin Commission ma rant e noncon ormin status to uses or structures w ic � ai to meet t e stan ar s o ection . i o owin a u ic earin , t e annin ommission ma es t e 0 owin in in s: t e use occurs entire y wi in � an existin structure• 2 the use is simi ar to ot er uses ermitte wit in t e istrict; t e use is a ro riate an is consistent wit t e enera we are o t e communit � an t e en o ment o a acent ro ert • t e use as een in existence or a erio o at east ten ears prior o e app ication to t e annin ommission• t e o -street ar in is a e uate to serve t e use• � t e use is ►n su stanti a reement wit t e com rehensive an• ar s i wou resu t i t e use were iscontinue • rezonin t e ro ert wou resu t in s ot zonin � �Q� or a zonin ina ro riate to surroun in an uses• and -Y t at a notarize etition o two-t ir s o t e ro ert � owners wit in eet o t e ro ert e o taine statin � �,,� su ort o t e use. e annin ommission may attac �,� ot er con itions to insure t e pu ic we are. , ��"� The applicant shall resent the etition, evidence of � a ten year erio o existence, an evi ence t at con- version o t e use an structure wou resu t in ar s i . e a icant s rovi e oor ans an ot er in or- � mation as require to su stantiate is case. DISCUSSION � This change is intended to provide the Planning Com- mission with some flexibility in dealing with a "good" and appropriate use which does not meet either of the � criteria of legal nonconforming status: legally in existence when the Code was adopted or in continuous existence for twenty years prior to the adoption of the code. The � only method the Planning Commission now has for resolving these problem cases is "spot zoning". "Spot zoning" is generally regarded as a solution to a particular problem � but not good long-term zoning or land use policy. This change would set stringent requirements and findings in order to grant such legal non-conforming status: ten years of existence; a 2/3's petition; and off-street parking. � It would provide the Planning Commission with a means of perrnitting an additional unit added in the basement of an apartment building, or a third unit added to a duplex, � or a four unit building on a lot smaller than 10,000 square feet. 'The Planning Commission might also add requirements such as ownership or design as additional safeguards. � � �� �y �j�`� � 4.4 Section 62.102 NONCONFOR�'�IING USES AND STRUCTURES � Give the Planning Commission the authority to allow expansion of nonconforming uses. � Subd. 5 New Section (12) EXCEPTION. The Planning Commission ma the ex ansion of a non-conformin use if followi�permit � a u ic earin , t e annin ommission ma es t e 1�,��w�n- iinain s: t e ex nsion is accessor to e principa use an wi not res t in an ex ansion of � t e rinci a use• t e ex ansion wi ow t e con- tinuance an im rovement o a use w ic is com a i e wit t e a acent ro rt an nei or oo • o _ � 3 street r �n is rovi e or t e rinci use an ex- � nsion w ic meets re uirements o ection or new structures• a notarize titlon si ne � two-t ir s o t e ro rt o ners wit �n ee o � t e su �ect ro ert as een o taine ; an a rezonin wou e ina ro riate an res t in a s ot zonin . � _ e anning ommission may impose ot er con itions � �� •�,���� �„r generai We a[e The a licant shall resent the etition and evidence � o t e accessory nature o t e propose expansion and par ing provisions. � DISCUSSION 1'his change is intended to give the Planning Commission the flexibility to a11ow for expansion to aileviate some � of the problems incurred by owners of non-conforming uses and structures other than rezoning. The requirements are stringent: the 2/3's petition, proof of accessory � nature, off-street parking. This change would allow for such things as the addition of a lunchroom to a non- conforming use, the addition of a waiting room to a non- � conforming office, the addition of a garage or laundry room to an apartment building. 4.5 Section 62.103 PARKING REQUIREMENTS � Add site plan re uirement q for paving existing lots. � Proposed Revision Subd. 2. Site Plan Required. No building permit, except for one and two family dwellings, shall be issued for the construction of any new off-street parking facility3 � or the vin of an exist n unim roved lot, unless and unti t e anning ommission as approve a site plan for the facility meeting the standards and regulations contained in this section, Section 62.104 and Section � 62.108. Site plans for one and two family dwelling units shall be approved by the zoning administrator. � DISCUSSION This change requires site plan review when existing gravel or dirt lots are paved. Without this requirement, � these lots are often covered lot line to lot line with pavement. � Sections 4.6, 4.7 and 4.8 were taken out of Text Amendments Five and transmitted to the City Council on May 25, 1984. � 4.9 Section 62.104 OFF-STREET PARKING FACILITY STANDARDS AND DESIGN � Correct an error in parking space length. Proposed Revision (4) l�Iinimum layout dimensions. -•-i � "� � ' �° � � DISCUSSION Patill�l � The correct length of a parallel parking space is 21 feet. 4.10 Section 62.106 ACCESSORY BUILDINGS � Clarify setbacks on corner Iots. � Proposed Revision (2) Accessory buildings shall not be erected in any required yard except a rear yard. �sessc�y-b��d�g�eci.af�a� �s-e��eor.ci�x�.iatr,or�f�i�t-w�it#�ec}�i�ed-�x�s-st�a�be s+�brx�ix�t�ed�o�e-bear��o��p�ea�s#ar-a��i�a�ea � On corner lots, accessory structures shall be set back rom t e street a istance equa to t at o t e princlpa! 1 structure. — When an accessory structure is constructed in a rear � yar w ic a oins a si e ar , t e accessory structure s a e set ac< rom t e interior ot ine�istance e�ua__ to t e minimum si eyar require in t e istrict in wTic ocate . � On all other lots, accessory buildings shall be set back at least t�ee feet from all interior lot lines. � DISCUSSION � This change incorporates and clarifies setback regulations for accessory buildings previously cited in Section 61.100 Notes to Residential Districts. � The intent is for accessory buildings to be located primarily in rear yards, and when lots are located on corners, for accessory structures to be constructed in line with the � principal structure. 4.11 Section 62.106 ACCESSORY BUILDINGS � Clarify intent of Code. � �.,� ��--��o� 1 Proposed Re�•��t�:��� (3) �ccessory buildings in any residential area, except in the R1�1-2 or RLt-3 Multiple-ramily Residential District, � shall �ot exceed one story a-and 14 feet in height, provided however, that surh buildings used for the housing of passenger rnotor vehicles may exceed 14 feet in height � but shall not exceed 18 feet in height. In an RM-2 or R�1-3 District, accesso�y buildings or structures �sed for the housing of motor vehicles or for accessory recreational � use shall not exceed three stories ar- and 30 feet in height. DISCUSSION � This section of the Code has been interpreted to permit two stories as long as the height of the structure did not exceed 14 or 18 feet. The intent of the Code was � to permit onl� one story structures. 4.12 Section 62.106 ACCESSORY BUILDINGS � Simplify computations for size of accessory structu�es. Proposed Revision (4) An accessory building may occupy not more than � �535 percent of a Fe�xfed the rear yard,-��s-4��se� a€-��a�ec��e��e�ac-�a��evf�d-�t�at��e-i�st,ar�e sk�a.l�-t�e�aEC-esse��-�x+�ldi�g�e�E�-t�ae�g�o�ad-€�eef-ac8a � c�€-�l�f��b�i�di�g� .Accessory structures shall not exceed the buildable area � o t e pr�nrlpa str�.icturee DISCUSSION � Thi.rty-fi��e percent of the rear yard (both required and non-required) averages out to about the same as 2596 �.�f the required plus 40�6 of the non-required. Administration � of the simplified formula justifies any slight difference in the two. � Limiting the size of the accessory structure to that of the ground floor of the main building penalizes owners of two story houses or very small houses. The paradox � of the current regulation is that if you expand your house, you can expand your garage. This change links the accessory structure to the potential area of the principal structure, given setback and lot coverage requirements. � 4.13 Sectian 62.106 ACCESSORY BUILDINGS � Add rear yard requirements for through lots. 'Vew Section (6) On throu h lots, where fronta e is clearl established � wit in a iven oc , rear yar set ac s s a e e ua to t e s� e yar set ac � o t e istrlct ►n w ic ocated. DISCUSSION � This change would allow the Zoning Administrator to determine situations where through lot frontage is clear � and would permit construction without variances. The set back equal to the sideyard setback would provide � open space and increase visibility for traffic and pedestrian safety and reduce the alley effect on the street abutting � the rear yard. 4.14 Section 62.106 ACCESSORY BUILDINGS � l�lew Section (7) Accessor buildin s shall be located at least six feet rom t e rinci a structure or s a e consi ere attached or purposes o t e �ing o e. � DISCUSSION . � This change addresses two issues: fire walls are required by the Building Code when accessory structures are cioser than six feet to the principal structures; and, the intent of the Code regarding setbacks and lot coverage is being � circumvented by individuals building garages several inches or feet away from the principal structure. � 4.15 Section 62.107 VISUAL SCREENS Reqture visual screens for garbage dumpsters. � New Section (9) For multi-family structures with ten or more units, o ice, commerci , an in ustri uses, ar a e um sters an tras containers s a e enc o y a v►sua screen. � DISCUSSION � Last year, the Planning Commission and City Counci! amended the Code to include dumpsters as accessory uses in order to regulate their placement on lots. This change requires screening to further ameliorate their existence. � 4.16 Section 62.108 SITE PLAN REVIEW (ALL DISTRICTS) � Clarify setback requirements for earth-sheltered structures. � Proposed Revision Subd.S. Review of earth-sheltered structures. . (5) Minimum setbacks of four feet shall be required � , for all �elow rade construction. Above rade ortions s a mee set c s o t e istrict in w ic ocate . DISCUSSION � ' This chan e is intended to elimin t g a e conf usion about required setbacks for above ground portions. � 4.17 Section 62.108 SITE PLAN REVIEW (ALL DISTRICTS) � Exempt garages, small parking lots and some uses in the River Corridor Subd. 1. � Proposed Revisions (6) Any development in the River Corridor Critical Area or in the Flood Plain district except ad��t�s-te-0ne and � two family dwellings which do not i�u,�eas�#�iebd�di�r�g lot�eerr�rsge�y-rnerrtfiert-�3�6-er-at�eeaserr-strt�et�xres; (�,�d--�-i��'� '� �o�i�c�e�-�k�s�i�aeF affect slopes of 12% or greater. (7) All off-street parking facilities fEx-�seot�e�-�#� � e���+vo-�a��€a���-�we�l�i�g for ten or more spaces. ' DISCUSSION , This exempts some routine, noncontroversial uses from site plan review. � 4.18 Section 62.108 SITE PLAN REVIEW (ALL DISTRICTS) Add free-standing facilities. � New Section Subdivision 1. Plans to be submitted. (10) Detached, free-standin facilities constructed on ar<in aci ►ties, � inc u in�, ut not restric�e to, ios s, otomats, an s, �simiIar uses. � DISCUSSION The increasing popularity of free-standing facilities , constructed on parking lots demands a means of control to insure that traffic flow, parking, and landscaping are not adversely affected. This change requires site plan review for such facilities. 4.19 Section 62.108 SITE PLAN REVIEW (ALL DISTRICTS) , Establish deadlines for revised plans. Proposed Revision Subd. 4. Compliance and time requirements. The Planning Commission may make "r requirements with respect , to the above matters so as to assure compliance with �L them. When chan es are re uired, the revised site lan � 't shall be su mitte wit in s�x mont s rom t e ate t e � � ,ti ` ���� ` app icant was not� ie o require c anges. e anning '�`� >'`' 7�`dministrator may �rant extensions. ` � - , t; ` DISCUSSION , Once applicants are notif ied of required changes to a site plan, there is no specified deadline for the return 1 of a revised plan--technically, they have forever. Consequently, over time, requirements may become meaningless given changes in zoning and land use surrounding the parcel. � The lack of a deadline has also resulted in a backlog of unclosed, unresolved cases. This change would induce applicants to return revised plans in a timely manner, � would substantially decrease the number of unclosed files and the staff time required to keep track of them, and would insure that requirements are meaningful and � reasonable. 4.20 Section 62.108 SITE PLAN REVIEW � Establish deadlines for security agreements. '� � Proposed Revision Subd. 6. Security Agreement. Before the site plan is approved, the applicant shall file a performance bond equal to the estimated cost, as determined by the Planning � Administrator, to install required landscaping, paving, screening or items required by special condition. Such rformance bond shall be secured and filed with tTie � annln ministrator wit in t ree mont s rom t e ate t e a�r icant was noti ie o t e intent to ar�rove t�iteT e anning �inistrator may grant . � an extenslon. DISCUSSION . � See preceding discussion of Subd. 4 - Compliance and time agreements. _ � 4.21 Section 62.114 PRIVATE RESIDENTIAL POOLS Clarify that above ground pools are included; add hot , tubs. Proposed Revision Private outdoor residential pools both above and below round, and hot tubs are permitte as an accessory use , wrt in t e rear yar or �-required side yard-0w��, except that fo multifa ��}%developments, the Planning �� Commission m e ermine the location of the pool � -- or tub. Private outdoor pools and hot tubs shall meet t�Te�lowing requirements as app icf aGIe: � DISCUSSION � This chan e clarifies the intent to re ulate all residential g g pools as defined in Section 60.219. Hot tubs present � the same type of health and safety conce�ns as swimming pools and should be regulated. � 4.22 Section 62.114 PRIVATE RESIDENTIAL POOLS Add conditions for hot tubs. � New Section (6) All yards containin hot tubs shall be secured as in or s a ave a cover w ic s e oc e w en t e � ot tu is no�in use. DISCUSSION � Hot tubs present the same hazards as swimming pools to children. This condition requires them to be secured. � 4.23 Section 62.116 HEIGHT DISTRICTS Eliminate reference to CAAPB area by deleting Areas IV and V. � Proposed Revision � DISCUSSION The CAAPB controls the Capital Area; regulations in � the Saint Paul Code should be removed. Cr�=- ��{/70� � ' S.0 REVISIONS TO CHAPTER 63: GENERAL EXCEPTIONS � 5.1 Section 63.103 H EIG HT LIM ITS Add other mechanicals which are routinely found on roofs. � Proposed Revision The height limitations of this code shall not apply to €af�-��r�gs,r mechanical service stacks, tanks, � ventilation equipment, c imneys, c ure spires, lag poles, pu�c monuments, accessory radio and television antennas, and similar equipment, provided, however, � that the Planning ommission may specify a height limit for any such structure when such structure requires authorization as use subject to specia! conditions. (Code 1956, as amended, Section 63.102; f urther amended; ' Ordinance 16906, April 20, 1982.) DISCUSSION ` The question of inechanical service stacks comes up occasionally. The practice has been to treat them as � similar to the uses listed since it would appear to be the intent of the Code to treat them as such. This change incorporates that practice. Farm buildings have been � deleted to reflect the deletion of Farm as a Zoning Code classification in TA III. 5.2 Section 63.106 PORCHES , Add instructions for porches. � Proposed Revision An open, unenclosed, and uncovered porch or paved terrace fo�on the round floor may project into a front or rear ard tance not exceeding ten feet, but t is s al not � be interpreted to include or permit fixed canopies. (Code 1956, as amended Section 63.105.) DISCUSSION ' The intent of the Code has been circumvented by builders calling balconies porches. � , � � � � � 6.0 REVISIONS TO CHAPTER 66: SIGNS � 6.1 Section 66.202 STRUCTURAL DESIGN AND CONSTRUCTION Correct error � Subd.S. Pole Signs Proposed Revision (2) When specifically permitted in a zoning district, � a pole sign may extend into a public right-of-way up to four feet but in no case may come closer than two feet from the curb line e� and ten feet above the ground level, provided such sign does not violate Minnesota � Statutes, Section 160.27. DISCUSSION ' This is a correction of an obvious error which changes the intent of the regulations. , 6.2 Section 66.202 SIGNS � Exempt ground signs from cumbustible materials restrictions. Proposed Revision Subd. 3. Restrictions on cumbustible materials. All � signs, except ground signs, and sign structures shall have structural members of noncombustible materials. ' DISCUSSION Ground signs commonly are used for commercial and � multifamily identification signs; wood is a common and attractive matrial used in the construction of these ground signs. Building officials see no hazard in exempting ground signs from restrictions on combustible materials. � 6.3 Section 66.202 STRUCTURAL DESIGN AND CONSTRUCTION (SIGN ORDINANCE) ' Clarify height provisions of the sign ordinance. � Proposed Revision Subd. 4. Clearance and Obstruction. (1) General. All types of signs shall conform to the clearance and projection requirements of this section, � and to building height restrictions described in the zoning code. Except for roof signs permitted by this chapter, no sign shall project higher than 50 feet above grade � level, or 25 feet above the surface of the adjacent roadway, whichever is higher. In the B-4 and B-5 districts, roof s_i_�n_�s shall not excee eet a ove t e roo of t e uilding o-w ic ocate . � � C� �� i��% � � DISCUSSION , Since the downtown zones (B-4 and B-5) have no height limitations, roof signs do not either. This change � represents the space required for a 14' x 48' sign. (Fire Code requires 6'-8' for fire safety and the apron/platform structure requires 3'.) � 6.4 Section 66.202 STRUCTURAL DESIGN AND CONSTRUCTION Correct error � Subd. 6 Projecting Signs � Proposed Revision (2) When specifically permitted in a zoning district, signs projecting over a public right-of-way may project up to four feet from the property line, but in no case ' may come closer than two feet from the curb line,er and ten feet above ground level, and provided such signs o�not violate Minnesota Statutes 160.27. , DISCUSSION This is a correction of an obvious error which changes ' the intent of the regulation. 6.5 Section 66.202 STRUCTURAL DESIGN AND CONSTRUCTION (SIGNS) � Restructure standards for banners and other cloth signs. � Proposed Revision Subd. 13. Temporary Signs. (1) No temporary sign shall exceed a total of 100 feet � in area or six feet in height except as otherwise provided herein. � �1-��or�-�'erx�pefaf�s�g�s-sk�a�-�es�+p�ef�ed�w�- atxac�e�d�u�t�-w�ife��o�e-wi�#���a�ir��-�af�e�� ��-eigk�ts-�te�-�PJo�s�t-if�sf�€f�er-fopesT�-�woo�-sl�ttis s�a��-���er-r�it�ed���r��x a�k�xage-�x-peses. � �ot-�-si�g�s-ac�d-{�awe�s-s�a���e-�eF�orated-s�e�-a��ea,s� �e�-�e��-#�ea�e��s-ced+���-Fesistar�e� � �C�€TR�'-�4�s--�'�r+pe�ar��.igr�so��c-�'��+aLei�epe�'-t��e� e�c,ee��g�0��ar$�ee��a��-be��oFteda�d���aE�- �ui�F�-w��e-�e�eaa�s#al�-a3ee�t tl��eq+�i�e�e��tso��b- � ��s�eRS-�,-�Ta��-4-e#-�k�s-see#fefl, �-�� (2) Clearance. Temporary signs, other than cloth, eighi�eet or more above the ground, may project not � more than six inches over public property. DISCUSSION ' "(2� Support" and "EXCEPTION" apply to cloth signs. These sections appropriately will appear under (4) cloth signs. � ' � 6.6 Proposed Revision (4) �e��-ac�c##�ags Cloth Signs and Banners �wr�s�g�s , (a) It shall be unlawful for any person, firm or corpor- ation to suspend or project any cloth oc banner sign of any type whatever over a street, ey, or other public � property for the purpose of business advertisement. (b) Temporary permission shall be allowed for a cloth � or banner sign for a period not to exceed 30 days, (c) No cloth or banner sign shall exceed a total of 120 � square feet in area and there shall be no more than one such sign for any 20 feet of frontage of any building f ronting on public property. � (d) Sup orp t. Tem or�loth and banner signs shall e�orte�atta ed wit�wire ro e or e uivalent wit a minimum lameter o t ree-ei ts inc . o strin s, � i er ro es, or woo s ats s e ermitte or su ort or anc ora e ur oses. C ot si ns an ane s s a e �er orate over at east ten percent o t e area to re�uce � win resistance. EXCEPTION: Tem orar si ns over rivate ro ert � not excee in s uare eet s a e su orte an attac e wit wire ro e an s a meet t e requirements o u ivision , an of t is section. ' (e) Pro'ection. Cloth si n and banners ma extend over Lu ic rr o�erty an s a maintain a minimum c earance o��f eet, Proviae�permission as een �rante y t�ie � zoning a ministrator. (f) No ermit or ermit fee shall be re uired for such ot si ns or anners, ut sa et re uirements of � t is code s a e in orce, provi ing sai permission is approve as to t e sign's location, size, design and hanging by the Division of Housing and Building Code ' Enforcement. 6.7 Propased Revision E�-�ee�a�}v��ar�e�s�-�lags-awdor�aaae��s. � Delete (a)-(c) DISCUSSION ' This is a revision which does not alter standards but reorganizes them into a more cogent section. � � � ,-- �i� /7�� � � � � 6.8 Section 66.205 OS-1 and B-1 BUSINESS DISTRICTS (SIGNS) , Expand types of temporary signs Proposed Revision Subd. 2. Temporary Signs � (4) Temoprary signs f�g�a�ds�per�r�ar�-lae�i� � shall be permitted as follows: � 6.9 Section 66.206 B-2, B-3, and ES DISTRICTS (SIGNS) 1 Expand types of temporary signs. Subd. 2 Temporary signs � 6.9 Proposed Revision (4) Temporary signs�or-g�-aad-e��ags-a�d�e�da�fr shall be permitted as follows: � DISCUSSION Temporary signs are often employed for legitimate purposes ' which do not fall under "grand opening and holidays" - such as the United Way campaign. This change allows flexibility in the purpose of temporary signs. � � � � , � , ' � � ' 7.0 REVISIONS TO CHAPT B V SION G ER 67: SU D! I RE ULATIONS , 7.1 Section 67.304 LOT SPLITS DESCRIBED Prohibit lot splits creating nonconforming structures , and uses. New Section (6) The division does not result in the creation of a non- � con orming structure or use. Renumber � DISCUSSION This requirement prevents situations such as an 80 foot ' lot in an R'.1�1-1 zone with a duplex being split into two 40 foot lots, thereby creating a duplex on a nonconforming lot. ` 7.2 Section 67.304 LOT SPLITS DESCRIBED Allow for administrative approval of routine lot � splits. Subd. 2 EXCEPTIONS , In cases where latted lots share common boundaries suc as a eys, vacate u ic ri ts-o -way, an ro ert ' ines, an w ere oun aries are in re rawn to create new e a escri tions, t e annin� ministrator may etermine t at suc transactions are 3justments o ommon o�ries rat er t an ot its. n suc cases, t e annin ministrator � s a require a survey as escri e in ction . with the surve includin the new lots and the new le al escri tions. e annin ministrator s a review , suc surve or com iance wit ection u . , an i in com iance, s a stam surve s as a roved. uc surveys an eg escriptions s a t en e recor ed. ' DISCUSSION , Our subdivision ordinance requires City Council approval of all lot splits. �1any of the lot splits staff sees are simpTe readjustments of a property line: a neighbor , selling five feet to his neighbor; or an adjustment for a house built either on adjoining property or too close to a property line. These cases routinely meet all the , requirements for lot splits, but still have to go through the City Council process. This change would still require that the Planning Administrator review these reorganizations � of land before they're recorded, but would allow a measure of discretion in determining which ones are major enough for City Council review and approval. � ' C�j- ����7�� ' 73 Section 67.305 APPLICATION (LOT SPLIT) Clarify application requirements. 1 Proposed Revision Application. Application for approval for lot split shall be submitted to the planning administrator on forms , furnished by the Planning Division and shall include a �fa�i�g-s#ao•w3Rg- the following information: 4 copies of a Certificate of Survey drawn to an engineeris scale ' i cruding: (1) Scale and north direction. ' (2) Dimensions of the property. (3) Names and locations of adjacent streets. , (4) Locations of existing buildings on and within ��14 25 feet of the subject property. ' (5) Such other information as may be required, such as a grading plan or contour map, to fully represent the intent of the lot split or to determine if the lot , split meets the intent and requirements of this chapter. DISCUSSION , A certified survey is required for registration of a lot split. Building locations within 25 feet are adequate ' to show affected structures. r- � � � � � � � � : �t�l''� Pq,P r� �� 70 � �Eg � � ME��IAM PARK � �, CONDl411�I�fITY COU111C1L, I�c. , � 6tb�0349 • WILDER AT SAINT ANTHONY . SAINT PAUL,MINNESOTA 551(1C �c�'�. ��° �'� P�A� . �.1j � -L_��!" j 4!��'1� ' May 22, 1984 � Pr1/�Y G J ;��J, � . t�ir. Dave Lanegran, Chairman � r7�r���({�,c ��c�,�,� St. Paul Planning Co�mnission - llth Floor City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 Dear Mz. Lanegran: Tbe Merria�a Park Community Council has reviewed the Zoning Text Amendment's #Five. Our Council recommends the following changes in. the Amendments: • - 2.5 Section 60.202 BED AND BREAKFAST (definition) . Change last sentence to read " Meals must be provided." � This would confora� to the definition of the term "Bed and Breakfast." - 2.7 Section 60.202 BOA.RDING,ROOMING OR ROOMING AND BOARDING HOUSE (definition) . Chanqe proposed revision to read "BOARDING,ROOMIN�G OR ROOMING AND BOP,RDING HOUSE. A sin4le or connected structure which requires licensing as a boardinghouse, rooming house, or rooming and boarding house under the St. Paul Leqislative Coc3e and which offers rooms to five or more persons for periods of one week or longet. Meals may or may . not be provided.' This proposal is consistent with the Legislative Code for licensing Rooming and Boarding Houses. - 2.24 Section 60.534 PRINCIPAL USES PERMI7.°t'ED SUB3ECT TO SPECIAL CONDITIONS (B-2) . Change the addition to the last sentence to read: "Measured from the closest int of the property line in which the use is located to the closest residential property line". � This is consistent with other zoning code measurement requirements. - 4.3 Section 62.102 NONCONFORMING USES AND STRUCTURES. Change proposed revision to read:"Exception. The Planning Commission may � grant legal non-conforminq status to uses and structures which fail to meet the standards of Section 62.102, if, following a public hearing, the Planninq Commission makes the following findings: (1) the use occura entirely rithin an existing structure; (2) the use is sfmilar to other uses permitted within the District; (3) the use is appropriate and is consistent with the general welfare of the comQaunity and to the enjoyment of adjacent property; (4) the use has been in continuous existence for a period of at least ten years prior to the application to the Planning Coanniasion= (5} the off-etreet parking provides one arkin space for each dwelling unitp (6) the use is in substantial agreement with the comprehensive plan and the Distr.ict Plan= omit proposed {71j new (7) the use meets the s are foot lot requirements permitted within the District; � • �� �y �7a�' . Mr. Dave Lanegran, Chairman May 22, 1984 St. Pa�l Planning Commission. ..#2 i (8) rezoning the property would result in "spot rezoning" or a zone inappropriate to surrounding land uses; (9} that a petit�ion of two-thirds of the property owners within 100 feet of the property be obtained stating support of the use; (10) the structure meets the Build� and Housing Code requirementsf (11) the structure is owner-occupiedj (12y the approved use will only be one additional unit above the current clasaifi- cation; (13) ot.her conditions which the Planning Commission may attach to insure the public welfare. The Merriam Park Community Council fvrther recommends that under the discussion section that the entire sentence "It would provide the Planning Commission with a means of permitting - - - -" be omitted: The Merriam Park Community Council is strongly opposed to the legalization of illegal units without stronq safeguards for the surrounding neighborhood. Our Council believes the additional findings recommended would ensure the grantinq of appropriate uses without detriment to the community. The Merriam Park Community Council specifically recommends the omission of Planning and Economic Develop- ment's proposed findi.ng (7) regardinq hardship. Our Council believes the finding is too vague and contrary to State law which dces not allow conversions, variances, etc. for financia]. hardship. . - 4.4 Section 62.102 NONCONFORMING USE STRUCTURES. � , Add same findings as proposed by the Merriam Park Community Council for 4.3 Section 62.102. These are all the recommendations for changes our Council has regarding the Text Amendments #Five. Representatives of the Merriam Park Community Council are unable to attend the May 25th public hearing. Therefore, we request notification of the Planning Commission Committee meeting in which the amendments will he discussed, to answer questions or fur er explain our recommendations. Best ga s, • � ,. l�olly �0' urke Commun� y Organizer . :KO/em cc: District Councils Councilmaa Bob Fletcher Mayor George Latimer _ sou*...west Area District Council . - � �Y � ��-��� � � Report of the Zoning and Environment Committee May 14, 1984 Five individuals have accepted membership on t he Cammittee: Mr. James E. Barnard, our new Grid 2 Representative; Mr. William A. Bierman, Jr. , former Chairman of this Com- " mittee and a member of the Comprehensive Plannina3 Committee; Mr. George Doty, Committee Chairman and Grid 8 Representative; DTr. Marc E. Rosenberg; and Mr. Frank E. Villaume III . Three of us -- Barnard, Bierman, arid Doty -- �et May 1Q with Ms. Patricia James, who is with the Zoning Sec tion of the City's Planning and Economic Development Department. Mr. l�ike Horan, a Comprehensive Planning Committee member, also joim�d us for this first meeting of the new Zoning and Environmen� Committee_ � Ms. James brought two specific zoning matters �o ou� attention, both of them scheduled for public hearings Iater this mon th_ After discussion, it was agreed that as a Comt:iittee a,re caould not offer comment .on these two matters. For your i��ormation, however, it can be noted that one of these cases, Zaning File No. 9550, relates to a site in District 9 (rat her than ours, District 15) , on a boundary with our District; it �ppears the apartments proposed f�r this site would not bc visir�'le f�ort any homes in our District. The other case, Zoning File No. 9�74, also relates to a site not in our District bu� on a boundary with ours; no new use of the building, in District 14, is pro- posed. With ris. James, we reviewed the Department' s d raft o� its pro- posed new Zoning Text Amendments, which wiZl be the �ubject of a public hearing at nine a.m. Friday, May 25, in th� City Kall Annex Auditorium. As a Committee, w� have a few minor changes to sugg��t for these proposed Zoniny-Code amendm��nts: 1. Mr. Bierman suggested that Chapter 60, new S�ction _ 6o . 413 , part (12) , be revised to ir.cluc3e the same kind of petition requirement as is now included iaa Chapter 62 ' s pro��osed new Section 62. 102, which calis far � i ^� ' � 'Zoning and Environment Committee / S/14/84 /jr- �'y_f'Q� U- � " . . . � a notarized petition of two-thirds of the property owners within 100 feet of the property . . . stating sup- - port of the use . . . " as one of the conditions to be met if the Planning Commission is to consider granting legal nonconforming status for continuing an existing use of an existing structure. The effect of this sugge�tion, if adopted� would be to include two-thirds endor�ement by tbe near neighbors as one of the conditions to be met before a non-residential structure could be converted from one Code-permitted _ use to another Code-permitted use. ' 2. Mr. Horan suggested that the proposed new Section 60 .413� part (13) , be reworded so that in approved housing- cluster developments, sharing or partial sharing of com- mon walls would be al.lowed (not required) for the resi- dent families' garages, if any, as h�el� as for the houses themselves. � 3. In reading Chapter 62 ' s proposed new Section 62.102, we felt that as it is drafted is does not now rceake. it une- quivocally clear that all, rather than any orie, of the conditions described are prerequisites to Planning-Com- C mission consideration of grantinq legal noncoforming status. Our suggestion is that the words "aIl of" be added in this part, so that it would say "The Planning Commission may grant legal nonconforming status . _ _ if, following a public hearing, the Planning Commission makes aZl of the following findings . . .", and also, for clarity, that the wor� "aiid" be ad3ed just bei.ore " (i0) vther c�r,�:itions . . . " . These suggested changes apply to part (lI} . Overall, we believe the proposed Zoning-Code aznendments are excellent. � Issues we expect to be dealing with in the near future incZude the complex issue of on-sale liquor licenses; we shall be meet- ing with the Council ' s Executive Committee on this matter. 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'_ I �) / r1,��[��[J� i ' Notsoe i.Lccb�sfvm te,i,a puDtfe ne.rtnj. �J i `a'(/�T " � • wi11 De Edd bdoce tLc qt�Couodl m tae � �C���' �t 1?00 o'clock A.Y.Sn i �e Saint Pau!dt�Couedl(�am��,�yh. ���'/�� �11 and Court House,Sl Paul,Ytmesota to eonsldee P+'o mm � Paul Zoainj Ord Chaptas 8461 ot the + Saint P�ul Ie�slative Code as thq rdate to -� � s.,tt...r,t��i .��...._-•--- ' - � �_� � � pi.r.,,ui.,.�..___-'--- , - .,. �, � tho � modi�fv --,�-' . � ���/1/L(� a ' -,�r'm"mi�.i� • �l OI i�.J� ( a on m ec ' At said dme and � pLce t�e Coundl will hear all yeisoes reLtive � � � to thb proposal Dated]law►i}�, � s - 1 0�G( Albert H.Olson ' -- �y�y�ry� s — UG�i"298�) -- - --- - ��I i3 i c � �. . `j // „"j J�4 J` / --,�` ..... __,. Ty ._" '_ ._ ' ' . ����N�����+a.�4.. ,.� . 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Wilson Zoning Text Amendments Five (Council passed to City Development Committee on August 2, 1984, - Committee recommended approval September� 26, 1984) � � � � � . . �ry� ..�.d "}h '3� -71 � . . . °,.t'l ...�+ .'`-..�} � t'� .-- aC � 1� -.-r!� .,J a e� � ��i �� � c� Cx3 ;+'� ..G CITY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 •�.,. , ,. . . , � r a ' �' f ! ri_ � i. 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T �lt�T Ll13�f���S� � ��� � r ; , ,�. r � " �'6�"� ��• ��.Y�1_ � , ��'� ,�+�.�k -x r ` � ��, - f l��T��i�� . 1 1 1 t'� r /� t4 R � �. i i . .-. l . ; ' ' Y. ., ` , - ' ' �:�IFi4� ���� Y��� �"M�� �YiY�Y�� ' ,t�� '� F P 1 �{ .i . ... ,�. � . . 1 � .( '�'t . • / . S t � '+ � � �` % )� 1 . - - r ��1 ' � ��-1 1 xS . . . ■ ' / 1 'y�' . . ... . . . . . . . . . . . . , F . . . . ; I� 7 . (, !y , .I r . . %I�Y�{� � �����7!�{����R+\�I'�"+,� f jl/�����6���� r f 4 '�/'� i� / ; 1/b�!� ti.. t i ° � . ,t . i . �� j . . . .. . �. ,. � . . :� .. ..'- ...,�. .:. ' '. .,� . .-� � -,:-. — y��,�.�} i �r.y I _ ' } } ` �• C..f i � � _ � . . � � r .. � . .•.. _ ... � . . : .._.. � ,. .. -. , '' ' , , . - '.' '� . �" a.. � � � ; j . . �. � .: � '�. .. . . l. `a i ,'1.�_ � - . . - -, -� i .y_ �. . . . I.�-! M' �\ ' ~„� + fi . � _ . �' � ' � � �� ' �:' � �.- . . .. ��-. . . ". '. , .. . .. � ., � . ri� � t� '( :l� ` =�Y �. ` `A \ . .. _ 1,f 1 ':. *. � � _ ''�. � . ,�. � E' _ �. s � t ��t ��; ` w '''�,,;�: 4 �-��> w, � �- �'k �� 1. ' 1 � �' f / ; ��, t a ; _ I r 0:� _.. � , .�� � . . _� . . . �! . ` .. 1, . .., .., .,. � ...., i .r . .. i4. _. . .. .. . .. . . o' � - !7v� Sec. 13 (2) (a) for a non-residential purpose (c) and a�� structural alterations . . . . Sec. 25. References to Subd. 6 and 7 �f 62. 103 no longer valid. That lan uage is now in 62 . 103, subd. 5 clauses (3) and �4) so I corrected that. Sec. 26 Need revised table. Sec. 28 . Need revised table. (not� are to be relettered because (a) is deleted) . Sec. 32 (11) Added (9) a petition -be has been obtained . . . Sec. 32 (12) Changed 4, 5 and 6 to 3 , 4 and 5 (unless there is something missing . . . -y Sec. 38 may make e��e such . . . . (as in original) Sec. 45 All signs and sign structures exce t round si ns ����� shall have structural mem ers of noncnmbustible materials . Sec. 46 Changed last sentence for form. Sec. 47 and provided Sec. 49 Deletes references to �x��a ornaments . What does tha.t do to christmas decorations , etc. ? Sec. 54 a-��a�a�xg-e1�eW�r�g-�l�e-�e��e`a�ng-�x�e�a.��e�- �' �-���� Sec. 49 (3) (d) wire rope or equivalent with a minimum diameter of 3/8 inch should this be: wire rope with a minimum diameter of 3/8 inch or equivalent � . . . , _ , . ' �� // r � ls t � �/� 7/�� 2nd -� /v � , � / - 3rd � %rv Adopted ��! c J Yeas Nays DRE[d r�sArrz - :�'�i ��*� - << � � � r ' �' NICOSIA � '��: , J �� �/ SCHEIBEL � — � ` .,�' � � ` � '�'�it : .r SONNEN �,��- - . �.::�,.�•- WILSON , MR. PRESIDENT TEDESCO -�,�,,,,��; �1��`f� ����� _ �s� ���� ��:: ���j�7 � ;.�:;;_-