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280479 WHITE - CITV CLERK COUI1C11 �)`9��F;1LJ �INK , w FINANCE GITY OF SAINT PAITL ��.��, [ �._� 1 CANARV -�OEPARTMENT b BI.UE - MAVOR File NO. • 2 Q� r in�nce Ordinance N�. ,( ��J O Presented By Referred To Committee: Date Out of Committee By Date An ordinance amending Sections 62. 102, Subdivision 5, clauses (3) and (5) ; 62. 106 (2) , 62. 114, 64.203, 64.204, 64.205, �64.206, 64.20'7 and 64.300 of the Saint Paul Legislative Code, pertaining to Zoning. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Section 62. 102, Subdivision 5, .clauses (3) and (5) of the Saint Paul Legislative Cod� are hereby amended to read as follows: � (3) If no structural alterations �are made� any nonconforming use of a structure, o� structure and land, may be changed to another nonconforming use of the same or a more - ` restricted classification provided that the planning commission, either by general rule or by making findings in a specific case, shall find that the proposed use is equally appro- priate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safe- guards in �ecord witYL the purpose and intent of this code. Where a nonconformi:ng use of a structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not `' thereafter be changed by the planning com- mission to a less restricted classification under this clause. �ee�e�e�e-e�-��e-��a�}�� COUIVCILMEN Yeas Nays Requested by Department of: Fletcher �" � �e��ne In Favor — � Masanz Nicosia J A gai n s t BY Scheibel Tedesco Wilson Form Approved y Ci At ney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by y for Submission to Council By BY h' `_.: ��"�� /7L� � � Page 2. ee�}�se�e�-��e�-��.�s-�ee��e�-e�i��-�e-��$�; e��ee�-#e-��e��-�e-#}�e-�ea��-e�-$e�}��-a��ea�s }�-€�eee��.ee-��-See��e�-64T�9�: (5) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 365 days, the structure, or structure and land in com- bination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission, pursuant to a public hearing, finds that the structure, or structure and land in .�ombina- tion, cannot reasonably or economically be used for a conforming purpose, that the pro- posed use is equally appropriate or more appropriate to the district tha,n the previous nonconforming use, and that the proposed use is consistent with the health, safety, morals and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. Where a nonconforming use of a structure, land, or structure and land in combination is Y�ereafter changed to a more restrictive classification, it shall not thereafter be changed by the planning commission to a less restrictive classification under this clause. �ee}�}e�s-e�-��.e-��a�}�.g-ee�- ��e�}e�-��.�e�-��i}s-�ee��e�-��-�e-�}�.��T e��ee#-�e-a��ea�-�e-��e-�ea��-e�-$e�}�g a�ge��s-��-�eee��a�ee-;v}�#1�-Ses�}e�.-64T�A3T Section 2. That Section 62. 106 (2) of the Saint Pau1 Legislative Code be and the same hereby is amended to read as follows: (2) Accessory buildings shall not be erected in any required yard except a rear yard. Accessory buildings, on a corner lot of record, that conflict with required yards shall be submitted to the board of appeals for a variance. 8�-a��-�e�s-�� All accessory buildings shall be set back at least three feet from all interior lot lines. ��,f�� /�v 3 � Page 3. 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 buildin� permit. The recordin� of the maintenance easement sh�,ll be interpreted to mean that the following intents and purposes o� this setback requirement are met: (a) Adequate supply of sunlight and air to adjacent property; (b) Sufficient space for maintenance of the building from the same lo ; and (c) Prevention of dama�e to adjoining proper y by fire or runoff rom roofs. Section 3. That Section 62.114 of the Saint Paul Legislative Code be and the s�me hereby is amended to read as follows: 62. 114. Private residential pools. Private outdoor residential pools are permitted as an accessory use within the rear yard or non-required side yard only except that, for multiple family developments, the planning commission may determine the location of such pool. Private outdoor pools shall meet the following requirements: (1) There sha11 be a distance of not less than ten feet between the adjoining property 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 ad 'oinin proper y line an e ou si e of he 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. •�;��,�r��; , �..:e:.r+; /�03 Page 4. (3) No swimming pool sha11 be located less than ten feet from any side street or alley right-of-way, or the distance required for side yard by the zoning code, whichever is greater. (4) No swimming pool shall be located in a public easement. (5) A11 yards containing swimming pools shall be enclosed by � an obscurin� fence not less than 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 sha11 be capable of being securely locked when the pool is not in use. Section 4. That Sections 64.203, 64.204, 64.205, and 64.206 of the Saint Paul Legislative Code be and the same hereby are amended by deleting the same in their entirety and substituting, in lieu and in place thereof, the following: 64.203. Variances. An application for variance may be filed by the owner of the affected property at any time. The board of zoning appeals sha11 have the power to grant variances from the strict enforcement of the provisions of this code upon a finding that: (1) The property in question cannot be put to a reasonable use under the strict provisions of the code; (2) The plight of the landowner is due to circum- stances unique to his property, and these circumstances were not created by the landowner; and (3) The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul; and °�'��r�t� /�o.��1 Page 5. (4) The proposed variance will not impair �n= adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreason- ably diminish established property values within the surrounding area; and (5) The variance, if granted, would not permit any use that is not permitted under the pro- visions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property; and (6) The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Hardship as described in finding (1) shall include the need for access to direct sunlight for solar energy systems. In granting a variance, the board may attach thereto such conditions as it deems reasonable to protect adjacent properties, to ensure a compliance or to further the purposes of the code. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance. A fee to be established by resolution of the city council shall be paid to the zoning administrator by the applicant when the request for variance is filed with the board of zoning appeals. Such resolution may provide for waiver or refund of such a fee under specific circumstances. 64.204. Administrative appeals. The board of zoning appeals shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning administrator in carrying out or enforcing any provision of the code. An appeal may be taken by any person, firm or corporation, or by any officer, department, board �� Page 6. or bureau affected by a decision of the zoning administrator within 30 days after the decision appealed from shall have been served either in person or by mail upon the owner of the property which is the subject matter of the decision rendered by the zoning administrator. Appeals sha11 be filed with the zoning administrator specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An administrative appeal shall stay all proceedings, including criminal proceedings, in furtherance of the action appealed from unless the zoning administrator certiYies to the board, after notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life o r pr operty, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. A fee to be established by resolution of the council shall be paid by the appellant at the time the notice of appeal is filed. The resolution may provide for waiver or refund of such fee under specific circumstances. 64.205. Decision by the board of zoning appeals. The board of zoning appeals shall conduct a hearing on the appeal or variance application within 30 days after the appeal or application �.as been filed with the zoning administrator, and shall give due notice thereof to the parties as defined in Section 64.208, and shall render a decision on the appeal or application without unreasonable delay. Decisions of the board of zoning appeals shall be final subject to later appeal to the city council. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. Al1 of the papers constituting the record upon which the application or �he decision appealed from was taken, including, but not limited to, the action of the board of zoning appeals and ��,�� `�� :��f��- i�n.�� Pag e 7. the findings of fact, shall be retained in the permanent files of the planning division, zoning section. After reaching a decision in accordance with this section, the board of zoning appeals sha11 prepare a written report, including, but not limited to, findings of fact and the action of the board, which report will be filed with the city council without undue delay. 64.206. Appeals to city council. The city council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or finding made by the board of zoning appeals or the planning commission. An appeal may be taken to the city council by any person, firm or cor- poration or by any officer, department, board or bureau a�fected by a decision of the board or planning commission. Such appeal shall be taken within 15 days after the decision appealed from shall have been duly adopted by the board or commission and shall have been served either in person or by mail upon the owner of the property which is the subject matter of the decision, by filing with the zoning section of the planning division a notice of appeal specifying the grounds thereof and payment of the required fee. The city council shall conduct a hearing on the appeal within 30 days after the receipt by the city council of the appeal from the action of the planning commission or the board of zoning appeals. As required under �ection 64.208, the city council shall give due notice of the hearing to all interested parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. A fee to be established by resolution of the city council shall be paid to the zoning section of the planning division by the appellant at the time the notice of appeal is filed. Such reso- lution may provide for waiver or refund of such fee under specific circumstances. ��-�� >d 3 � Page 8. Section 5. That Section 64. 20'7 of the Saint Paul Legislative Code be and the same hereby is amended to read as follows: 64.207. Orders. In exercising the above powers, the city council or the board of appeals may reverse or affirm wholly or partly, or may modify the orders, requirements, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made;-a�.�-�e. To that end the board of zoning appeals shall have all the powers of e��}�e� the zoning administratori e�-��a�.�.��g-ee��es�e� and the city council shall have -a�11 the owers of either the zonin administrator or the annin commission. A1 inal decisions, orders, requiremen s or eterminations by the board of zoning appeals and/or eity council shall be in the form of a written resolution. The city council shall serve a copy of the resolution upon the appellant and/or the owner of the affected property, zoning administrator, planning commission and board of zoning appeals by mail or personal service. The board of zoning appeals shall serve a copy of the resolution upon the appellant and�or owner of the affected property, the zoning administrator and the planning commission. Decisions of the city council on all matters within its �.urisdiction sha11 be final subject only to judicial review by a court o� competent jurisdiction. Section 6. That Section 64.300 of the Saint Paul Legislative Code be and the same hereby is amended, in Subdivision 6, and by adding a new Subdivision '7, to read as follows: Subd. 6. The grant or denial of approval by the ��a��}�g-ee��}ss�e�.-e� planning administrator is subject to appeal }�-aeee��a�.ee-��-See�#}e� 64T�9�� to the planning commission by any person, firm, or corporation, or by any office, department, board or bureau affected by a decision of the plannin� administrator within 30 days after the decision appealed from shall have been served either in person or by mail upon the owner of the .- WHITE - CI7Y CLERK ) �.� , PINK�� - FINANCE COUIICII � 1 P r �; ,�- CANARV - DE7ARTMENT GITY OF SAINT PAUL (� BIUE - MAVOR � �' �k��""��-'G' File N 0. . Or �n�nce Ordinance N 0. /��d.� Presented By Referred To Committee: Date Out of Committee By Date Page 9. property which is the subject matter of the de- cision. The lanning commission shall conduct a hearing on the appeal within 30 days of the receipt of the ap eal by the planning commission. Subd. 7. The grant or denial of approval by the planning commission is subject to appeal to the city council in accordance with Section 4.20 . Section 7. This ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate chapter and�or section number at the time of the next revision of said Legislative Code. Section 8. This ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. COUNCILMEN Yeas Nays Requested by Department of: Fletcher �e,,;ne In Favor — Masanz � N�cos�a A gai ns t BY Scheibel Tedesco W ilson Adopted by Council: Date �� 5 1983 Form Approved y C ty tor Certified P ss d Council Secretar BY By App v d Mayor: � i � Approved by ar or Submission to Council By BY PUBLISNED J U L 16 1983 1 `i t r/' ��r � � 7-'� v� � •.i a �, .,...,.� ,PF �"�� , � ' �� .. � .a... { ' . 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