280492 WMI7E - CITV CLEwK •
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�P�NK - FINANCE � • T � CO11I1C31
CANARY -DEPARTMENT GiTY OF SAI�NT PALTL File NO.�
BLUE -MAVOR
Ordi n e Ordinance N�._�
Presented By �- � `/-u� _
Referred To Committee: Date
Out of Committee By Date
An ordinance amending various sections of
Chapters 60, 61, 62, and 64 of the Saint Paul
_ . Legislative Code pertaining to Zoning (Zoning
Text Amendments III) .
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the definition of ��accessory use" or "accessory��
contained in Section 60.201 of the Saint Paul Legislative
Code, as amended, be and the same is hereby further amended
by adding a paragraph to read as follows:
(11) Trash containers, includin� �arba�e dum sters,
in accordance with Cha ter 3 7 of the Saint
Pau1 Le isla ive Code.
� Section 2.
�
That the definition of "auto service station" contained �"
in Section 60.201 0� the Saint Paul Legislative Code be and
the same is hereby amended to read as follows:
Auto service station. A place where gasoline3 or
any other automobile engine fuel (stored only
in underground tanks) , kerosene, e� motor oili
Q�� lubricantsie� grease (for operation of motor
vehicles) , or minor accessories are retailed
directly to the public on the premises;-��e�����g
��e-e��e-e�-���e�-aeeeese��e�s and where the servicing
or minor repair of automobiles, or in�allation of
mufflers or other specialt items, ma occur.
_ �
COUNCILME[V Requested by Department of:
Yeas Nays
Fletcher /
�au� � In Favor
Masanz
Nicosia � B
scnetbei Against Y
TedesCo
Wflson
Form Approve b Ci tor
Adopted by Council: Date
Certified Passed by Council Secretary BY
S!-J 4-83
By
Approved by Mayor: Date Approved b ayo for Submission to Council
By By
. . - �/1 y�y3
. `
`/� � ��. -r�
R'.:Y.:_. - :M • `
Page 2. l ,7�3�
Section 3.
That the definitions of "bluffline, " "baarding care
home" and "building" contained in Section 60.202 of the
Saint Paul Legislative Code be and the same are hereby
amended to read as follows:
Bluf f 1 ine. �4-�}�.e-e��e��e�-a�e�.g-��e-�i�g�es�
�e}��-e�-�a��-{������-e�-e���e�-e}�e-e�-��e
�}�e�-a��-�eea�e�-;v���i��-#�e-�e�.�.�e�}es-e�-��e
�es�g�.��e�-P4��se�s�s���}-���e�-Ge��}�e�-G����ea�
A�eaT A line alon� the top of certain steep
slopes facin� the Mississippi River valley as
shown on the River Corridor zonin� maps_. In
any particular case, the bluffline shall mean
a line drawn along the top of the bluff such
that the slo e below the line is:-stee er than
18o and he slope above is 1 0 or less.
Boarding care home. A building or structure where
aged or infirm persons reside on a 24-hour basis
in order to receive custodial care and related
personal servicesi for purposes of this code,
the same as a nursin� home.
Building. Any permanent structure;-e���e�-�e��e�a��
e�-�e�ma�.e��; having a roof supported by columns
or walls, a�.�-��.�e��e�-�e�-��.e-e�ie��#e�-e�-e�-
e�e�s��e-e�-�e�se��;-a���a�es-e�a��e�e;-e�-��e�e���
s�-��3�-����T--��.}e-��a��-��e�a�e-�e��s-�-a���gs-�
e�-�e��e�es-e}����e�-e�.-g���a�e-g�e�e���-a�.�-��e�
�e�-��ie-����eee-e€-a-��.�����.� speciYically
excludin trailers or semi-trailers as defined
by Minnesota Statutes, Chapter 1 9.
Section 4.
That the definition of ��code" as contained in Section
60.203 of the Saint Paul Legislative Code be and the same
is hereby amended to read as follows:
Code. "Code" or '�this code, " unless the context
clearly indicates the Legislative Code or some
other code (building, housing, fire, etc. ) means
the Saint Paul Zoning Code;-��ia��e�e-69-#k�e���
66-e�-�ke-£a��.�-�a�t�-�eg�s�a�}�e-Ge�e.
That Section 60.203 is further amended by deleting
the definition of "curb level" as it appears therein.
; a���t��4��.�
• • �� r �.
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Page 3.
Section 5.
That the definition of "dormitory" contained in Section
60. 204 of the Saint Paul Legislative Code be and the same is
hereby amended to read as follows:
Dormitory. A building designed for or used as
living quarters for students of a high school,
college, university, or seminary, organized and
owned by a high school, college, university, or
s emi naryT-a�.�-�eea�e�-�v��l�}�t-3�8-�ee�-e�-��e
�ea�es�-��e�e���-�}�e-e�-�ke-�a}�-se�ee�-g�e���s.
Dormitory includes fraternity and sorority houses.
Section 6.
That the definition of "earth sheltered structure"
contained in Section 60. 205 of th Saint Paul Legislative
Code be and the same is hereby amended to read as follows:
Earth-sheltered structure. Any completed building
constructed so that 50 percent of the exterior surface
area of the building excluding garages and other
accessory buildings is covered with earth, and
constructed to the following standards:
(1) 80 percent or more of the roof area is covered
with a minimum depth of 12 inches of earth;
(2) 50 percent or more of the wa11 area is o� vered
with a minimum depth of 12 inches of earth;
(3) Those portions of the structure not insulated
with a minimum of seven feet of earth sha11 ha ve
additional insulation.
�4��-ea���-e�e��e�e�-����e���es-s�a��-�.&�e-���.����
se��ae�s-e�-�e��-�ee��
Section 7.
That the definition of ��front setback line" contained
in Section 60. 206 of the Saint Paul Legislative Code be and
the same is hereby amended to read as follows:
Front setback line. A line which is parallel to the
front lot line which establishes the minimum
�����<����►
/��'� `�
Page 4.
front yard depth of a zoning lot. The location of
such front setback line sha11 be determined by the
required depth of the front yard as prescribed in
the Schedule of Regulations of this code (Chapter
61) . ��e-���e-��-�ea�s��e�-��e�-�ke-��e�.#-�e�-�}�e
�e-��e-a�s�e-g�a�e-�aee-e�-��e-��.}�����T
That Section 60.206 is further amended by deleting the
definition of '�farm" as it appears therein.
Section 8.
That the definition of "grade" contained in Section
60.207 of the Saint Paul Legislative Code be and the same
is hereby amended to read as follows:
Grade. The elevation established for the purpose of
regulating the number of stories and the height of
buildings. �e�-��������s-�ia���g-�-;va��-e�-�a���s
e�a-e�-w���}�-#§-�ee�-e�-a-s��ee�-�}�e;-g���e-��i���
�e-e���-�e�e�;-e�-}�e-e����a�e�#3-e�gee�#e-��e�.
;v���-e�-;va��sT--��e�-�-�t������g-#�a�-��e��age-e�.
�e�e-#�a�-e�e-s��ee�T-�ke-�ewes#-e���-�e�e�-s�ia��
a����T--�e�-��.}��}�ge-�.a�}�g-a��-;v����-�e�e-��i��.
��-�ee�-��e�-a-s��ee�-���eT Grade sha11 be the mean
level of the finished surface of the ground adjacent
to the exterior walls of the buildings.
That Section 60.207 is further amended by deleting the
definition of ��guest room" where it appears therein.
Section 9.
That the definition of "home occupation" contained in
Section 60.208 of the Saint Paul Legislative Code be and the
same is hereby amended to read as follows:
Home occupation. An occupation carried on in a
dwelling by the resident thereof not in4olving
the conduct of a retail business or manufacturing
business, and provided that the use is inciden�al
and secondary to the use of the dwelling for
dwelling purposes and does not change the
character thereof, Such a home occupation
shall include office of professionals, home
beauty shops and such other occupations which
by custom are considered as a use accessory to
a dwelling. Such a home occupation shall be
conducted entirely within the dwelling and shall
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/�io.3q
Pag e 5.
be conducted by no more than two persons, one of
whom must reside within the dwelling. Services
such as a home beauty shop shall serve no more
than one customer at a time. No structural al-
terations or enlargements shall be made for the
sole purpose of conducting the home occupation.
There shall be no detriments to the residential
character of the neighborhood due to the emission
of noise, odor, smoke, dust, gas, heat, glare,
vibration, electrical interference, traffic con-
gestion, or any other annoyance resulting from
the home occupation. There shall be no exterior
storage of products or materials.����-�e-��s��a�
e�-a�s�e���s}�g-s}��-e�-��e-��e��ses-e�-a-�ie�e
eee�.����e�3-��e���e�-��i��-a-���e-��a�e-�e-�a�ge�
��a�.-e�e-s����e-�ee�-��.-a�ea-�-e�a����-��e-�.a�e-e�
��e-g�e��}e�e�;-���-�e-a���e�e�-�e-�#�e-iva��-e�
#�e-�we��}�.g.
Section 10.
That the definition of '�junkyard" contained in Section
60.210 of the Saint Paul Legislative Code be and the same is
hereby amended to read as follows:
Junkyard. �1-��aee- An open area where waste, used
or second hand materials are bought and sold,
exchanged, stored, baled, packed, disassembled,
or handled, including but not limited to scrap
iron and other metals, paper, rugs, tires, and
bottles. A "junkyard�� includes automobile
wrecking yards and includes any area of more
than 200 square feet Yor storage, keeping, or
abandonment of junk, but excludes uses estab-
lished entirely within enclosed buildings. It
also excludes establishments exclusively for the
sale, purchase, or resale of used cars and the
processing of used, discarded, or salvaged
materials as part of the manufacturing
operations.
Section 11.
That Section 60.213 of the Saint Paul Legislative Code
be and the same is hereby amended by adding the following
definition:
Manufactured single family dwellin�. A structure
trans ortable in one or more sections which is
built on a permanent chassis and designed to
y ��''a��%�!�.,���
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Page 6.
be used with or without a ermanent foundation
when connected to the required u ilities. No
manufactured dwelling shall be moved into the
city of Saint Paul which does not meet the
Manufactured Home Buildin Code as defined in
Minnesota Sta utes, Section 327.31, Subdivision 3.
Section 12.
That the definition of ��master plan�' contained in
Section 60.213 of the Saint Paul Legislative Code shall
apply also to the term ��comprehensive plan, " so that said
definition shall read as follows:
Master plan or comprehensive plan. The compre-
hensive plan including graphic and written
proposals indicating the general location for
streets, parks, schools, public buildings, and
all physical development of the municipality3.
a�.� Includes any unit or part of such plan;
and any amendment to such plan or parts thereof.
Such plan may or may not be adopted by the
city council.
Section 13.
That Section 60. 213 of the Saint Paul Legislative Code
is further amended by deleting the definition of "mezzanine"
where it appears therein.
Section 14.
That Section 60.21g of the Saint Paul Legislative Code
is amended by deleting the definitions of the following terms,
where the same appear therein: "Sign, " "Sign, accessory, ��
and ��Sign, nonaccessory. "
Section 15.
That Section 60. 421 of the Saint Pau1 Legislative Code
be and the same is hereby amended to read as follows:
60.421. Intent. The RT-1 Two-Family Residential
District is designed to afford a transition
of use in existing housing areas by permitting
new construction or conversion of existing
structures between adjacent residential and
commercial, office, thoroughfares, or other
uses which would affect residential character.
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Page '7.
This district also recognizes the existence of
older residential areas of the city where
larger houses have been or can be converted
from single family to two-family residences
in order to extend the economic life of these
structures and allow the owners to justify the
expenditures for repairs and modernization.
This district also allows the construction of
new two-family residences where slightly greater
densities are permitted. In no case shall more
than one main building be allowed per platted
Tot.
Section 16.
That the table in Section 61.101 of the Saint Paul
Legislative Code be amended to add requirements for minimum
widths of structures (single-family homes) so that said
table shall read as follows:
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Page 8.
That Section 61. 101 is further amended by adding a
note to read as follows:
(k) The building width on any side shall be
at leas 22 fee . The buildin width shall
no include en r a s or o her a ur enances
that do no run he ul leng h of the
building.
Section 17.
That Section 62. 108, Subdivision 1 of the Saint Paul
Legislative Code be and the same is hereby amended to read:
Subdivision 1. Plan to be submitted. A site plan
shall be submitted to and approved by the planning
commission before a permit is issued for �rading or
the erection or enlargement of usable floor area
for any development except one and two family
dwellings, but including the following:
(1) Any development of one and two family residences
which together exceed two acres (8'�,120 square
feet) in area.
(2) Al1 residentially related uses in one-family
districts, such as, but not limited to,
churches, schools, a,nd public facilities.
(3) Any industrial use in an I-1, I-2, or I-3
District abutting a Residential District.
(4) Any use which abuts to a major thoroughfare.
(5) Any development on a slope g�ea�e�-��a�. of
12 percent or greater.
(6) Any development in the River Corridor Critical
Area or in the Flood Plain District exce t
additions to one and two family dwellings
which do not increase the building lot cover-
age by more than 25 percent or accessory
structures, provided that neither affects
slopes of 12 percent or greater.
(7) Al1 off-street parking facilities for uses
other than one or two family dwellings.
(8) Any other use or development for which the
submission of a site plan is required by
any provi sion of this code.
��,�{�� ,,�
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Page 9.
(g) Earth-sheltered structures.
Section 18.
That Chapter 62 of the Saint Paul Legislative Code
be and the same is hereby amended by adding two new
sections to read as follows:
62. 1�.8. Foundations. All buildings shall have
a permanent foundation to comply with the State
Building Code.
62. 119. Setback requirements for earth sheltered
structures. All below �round portions of earth
sheltered structures shall have minimum setbacks
of four Yeet.
Section 19.
That Section 64. 300, Subdivision 4 of the Saint Paul
Legislative Code be and the same is hereby amended to read
as follows:
Subdivision 4. �#�e�-s�ee}�}e-�e�e�e�ee-��-�a�.e
�e-�l��s-��7��}��s�e�.-4-e�-See��e�-64T�99-��.-6�a��e�
�9; The planning commission, after public hearing,
may modify �gee}��e� any or all special conditions;
when strict application of such special conditions
would unreasonably limit or prevent otherwise lawful
use of a piece of property or an existing structure
and would result in exceptional undue hardship to
the owner of such property or structure, provided
that such modification will not impair the intent
and purpose of such special condition and is
consistent with health, morals and general welfare
of the community and is consistent with reasonable
enjoyment of adjacent property. The requirements of Sec-
tions 61. 100 through 61. 105 and 62. 103 shall remain
in force and effect and shall not be superseded or
waived by any such modification of a s.�ao-��-i-ec�-
special condition. -
That the words "subject to the provisions of Section
64.300, Subdivision 4�� be deleted from the following
sections and paragraphs of the Saint Paul Legislative Code,
and said sections and paragraphs are her�by so amended:
. y�L�l�3
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. Page 10.
60. 413 5 Community Residential Facilities (R-1--R-4) �
60.4i3 6 a b Colleges (R-1--R-4)
60. 413 7 b� �c� Private, noncommercial recreation
centers (R-1--R-4)
60.423 2 Fraternities, sororities (RT-1) �
60. 423 3 (c) (d) (e) Community Residential Facilities (RT-1)
60. 443 2 Roomin� and Boardin Houses (RM-1)
60. 453 2 a b (c) Hospitals �RM-2)
60. 453 4 d �f� Retail service use (RM-2)
60. 463 1 c Retail service and office use (RM-3)
. 60. 513 3 Mixed residential and office service uses (OS-1)
60. 524 3 Mixed residential and commercial uses (B-1)
60. 534 3 Indoor recreation; gamerooms (B-2)
60. 543 2 b Car sales lots (B-3)
60. 543 4 �b� Fast food restaurants (B-3)
, 60.543 5 Veterinary hospitals (B-3)
60. 613 3 Outdoor storage I-1
60.623 2 Outdoor storage �I-2�
60. 624 1 Junk yards (I-2)
Section 20.
That Chapter 64 of the Saint Paul Legislative Code be
and the same is hereby amended by adding a section to read
as follows:
64. 507. Documents to be recorded. A certified
copy of every special condition use permit, �
modification �ranted by the plannin commis-
sion or variance �ranted shall be filed with
the countc recorder or re istrar of titles
but shall not constitute an -encum rance on
real propert�. AI1 permits, modifications
and variances shall include the legal
description of the property involved.
WHIjEr - CITV CLERK � !!!��� �
'�PINK - FINANCE � � .. 1 ���)�(� .
CANARV -DEPARTMENT G I TY OF SA I NT PAU L COl1I1C11 � Z���
BLUE - MAVOR File NO. R` �
•
O� indnce Ordinance N 0. �`7� 3 �
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 11.
Section 21.
That Section 60.213 of the Saint Paul Legislative Code
be and the same is hereby amended by deleting the definitions
of ��mobile home" and ��mobile home park�� where they appear
therein.
Section 22.
That Section 60.220 of the Saint Paul Legislative Code
be and the same is hereby amended by deleting the reference
to ��trailer coach�� where it appears therein.
Section 23.
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 24.
This ordinance shall take effect and be in force 30 days
from and after its passage, approval and publication.
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher
�en� In Favor
Masanz
Nicosia
Scheibel A gai ns t BY
Tedesco
Wilson
Adopted by Council: Date
JUl 7 �gg3 Form Approve b C' Atto y
Certified P s Co c' cr BY
B
Ap ov y Mayor: `�� � � ,�3 Approved or for Submission to Council
�`sy
/
PUBLISHED J U L 1
6 1983 �
�.�T• �. CITY OF SAINT PAUL
. �� ;
�• � OFFICE OF THE CITY ATTC�RNEY
�? ����������� '� EDWARD P. STARR, CITY ATTORNEY
�� in1l 1,1!t1 C a .
���.e+ ^ 647 City Hall,Saint Paul,Minnesota 55102
'�" 612-298-5121
GEORGE LATIMER � �� �
MAYOR ��--1 1�1_J % , ��;�,��� �
�'� .� , ��\ , j� r
�
April 29, 1983 �?
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:�;t��1:�, �����r'f? ti`
JJ� ;�
Council President Victor Tedesco �����
and Members of the City Council �" �
ti �
At your request, I have prepared the ordinance amendments to Chap-
ters 60-64 ot the Zoning Code, heretofore identified as "Zoning
Text Amendments TII" .
For reasons .stated, I recommend that the following changes be made
ta the proposed amendments:
The Planning Commissian' s recommended definition far Building was
as follows:
Any structure, either temporary or permanent, having
- a roof supported by columns or walls.
The purpose of the amendment was to prohibit the use of semis '
parked on commercial lots while not prohibiting such use during
site construction. However, after discussing this with our chief
prosecutor, it was felt that the proposed changes did not accomplish
this purpose.
To that end, I suggest that the definition of building read as
follows:
Any permanent structure having a roof supported by
columns or walls, specifically excluding trailers
or semi-trailers as defined by Minnesota Statutes,
Chapter 169.
The other change is to the `proposed new section 64.507, which would
require that all ordinance, resolution, map, regulation, special
condition use permit, modification or variance be recorded in the
office of the Ramsey County Recorder. This was to be added to
correspond to the 1982 state law which required that all such docu-
ments be so filed. However, there is pending legislation which
would eliminate the requirements for filing of ordinances, maps or
f � k/�`
� � .:ri 7�:��a�L`���'I�B
s '
Council President Victor Tedesco
and Members of the City Council
Page Two
April 29, 1983
regulations. Anticipating the passage of this amendment, I
recommend that the new section 64.507 require filings of only
special condition use permits, modifications and variances. In
the event the state law is not amended, we will still file such
documents as is required by the state law, and would not have to
amend the zoning code.
Ther�fore, I recommend that the following language be adopted as
the new section 64.507:
A certified copy of every special condition use
permit, modification granted by the planning
commission or variance granted shall b� filed
with the county recorder or registrar of titles
but shall not constitute an ericumbrance on real
property. All permits, modifications and vari-
ances shall' include the legal description of the
property involved.
I have requested that Donna McNeally of the Planning Division,
and Weridy Lane of the Building and Zoning Code Division, to review
and comment on these changes, and have received their favorable
recommendations. I believe that the changes which I propose do
not change the 'substance of the recommeridations of the Planning
Commission or staff, and therefore recommend that the Council adopt
them.
I have included my recommended changes into the attached draft
ordinance amendments. If you have any questions, I would be
pleased to answer. them.
Ve y truly yo r , �
�
i
J �ME J. S G1� ` J �
s istant � i Attorney
J S:cg
Encl.
cc: Mayor Latimer
Donna McNeally
Wendy Lane
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�^v=. ^ - CITY'OF '►�'3AII`TT �PAUL ��l;;����(�c�
�' -'�*��,;, OFFIG� OF THIC CITY COIII�'CIL
- �.+i.,�,"�'-�_'± �-
= O d t e ; February 22, 1983
�. -
COMM (TT' � E RE PORT
TO = Sa�nt Pau i City Councii
F� �M : c o rn�,i r r e e O Cf CITY DEVELOPMENT � TRANSPORTATI0�1
C M A i R Councilman Bob Fletcher
Consideration and recorrgnendation on Zoning Text Amendments III as
recommended by the Planning Cammission.
At its meeting of February 22, 1983, the City Development � Transportation
. Committee recorrunended approval of the above amencfi►ents and recommended
they be forwarded to full City Council for public hearing.
-..:'
. _�,,.
CTTY HALL SEVENTH FLOOR
SAINT PAUL. MINNESOTA 55102
���_
���a���
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�������°�^��U CITY OF SAINT PAUL
=R.`CITT p�.',i/
�� s, OFFICE OF THE CITY CLERK
;� uum ,=
:+ _" �� " ,s� BUREAU OF RECORDS
,,. _
�''a,,,��mn.•o�.��'`' 386 City Hall,Saint Paul,Minnesota 55102
612-298-4231
GEORGE LATIMER
MAYOR
November 23, 1982
Councilman Leonard Levine, Chairman
City Development and Transportation Comm.
7th Floor City Hall
St. Paul, Minnesota
Dear Councilman Levine:
The Council referred to the City Development and Transportation Committee for
consider and recommendation Zoning Text Amendments Three as recommended by the
Planning Commission.
Very truly yours,
Albert B. Olson
City Clerk
ABO:dcr
cc: Planning Staff
O
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<<i*=�W� GITY' OF" �AI�.tiT �A.U7� ' �'
~P ''�" ' ()FFIC�. {)F 7'HE \�1AYOR
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347 CITY' HAI,L
SAINT PAUL, bYINNESOTf� 55102
(iEORGE LATIMER (bi2) 293-4323
MAY�12
� November 5, 198Z
Council President and �
Members of the City Council
7th Floor City Hall
Saint Paul , Minnesota 55102
RE: Planning Commission Recommendation of
Zoning Code Text Amendments III
Dear Council President and Members of the City Council :
On November 5, 1982, the Planning Commission , on a vote of 12 to 0 approved a
resolution recor�nendin4 a number of amendments to the 1975 Zoning Code.
These amendments are the third in a series initiated by the Planning Commission.
These changes are intended to reflect current interpretations of the code anct to
simplify its application. � Text Amendments III focus on chanqes to be consistent
with state law, changes to streamline the administration of the Code, and changes
to implement elements of the Comprehensive Plan.
The District Counci7s have had an opportunity to review and to corrrment.
T am transmitting these Zoning Code Amenchnents at the reauest of the Planning
Cononission with my recorr�nendation for your review and approval .
Sincerely,
���'" �
��2�/�---�-
George Latimer
Mayor
GL:mw - :
Attachments
�C�
. , .. . � . : � : � . - ���4�'?
.._ _ ___ __ _ -- __ . . _ __ _ ._ __
_ ZO�N��JG:_TE�C_�_��1ENDI�I�E�TS:-�:.�� �^�
. OCTOBER 1982
�
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PLANNING DIVISION
DEPARTMENT Of PLANNING AND ECONOMIC DEVELOPMENT
� CITY HALL ANNEX
25 WEST FOURTH StREET
SAINT PAUL, MINNESOTA 55102
. . . _ : � , � ���a'���
D D D � D
D
ZONING TEXT TEXT UPDATE AMENDMENTS III I
CHANGES ANALYSIS �
l . What do the proposed amendments do? �
- Clarify definitions of Boardin Care Home, Front
Setback Line Buildin Grade unk ard Master
I _ lan and Bluffline.
Rede ine uto ervice Station to include specialty
automotive stores.
- Correct definition of Code.
- Delete superfluous definitions including Curb
� Level Farm Guest Room Mezzanine and Sign
( ` Ordinance erms,
� - Add definition of Manufactured Home.
- Restructure definitions o Dormitory, Earth
Sheltered Structure, Home Occupation. {
- Include recording procedures dictated by state I
legislation.
- Establish minimum width requirements for single
family homes.
- Tighten site plan review criteria.
- Add requirements for permanent foundations.
- Give the Planning Comnission authority to modify
Special Condition Use Permit requirements.
2. Who initiated the amendments?
The Planning Comnission.
3. Are changes timely?
Yes. The Ordinance mandates updates of the text;
this is the third in a series begun in December,
1981 .
4. What problems will be solved by the changes?
The changes will further simplify administration
of the Code, bring the Code into compliance with
recent state legislation, and increase the proiection
of the city and neighborhoods from incompatible or
negligent development.
5. What problems might the changes create?
None. The changes are based on five years of exper-
ience in interpreting and administering the Ordinance.
DIVISION OF PLANNING • DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT • CITY OF SAINT PAUL
CITY HALL ANNEX • 25 WEST FOURTH STREET, SAiNT PAUI, MINNESOTA 55102 • TELEPHONE: 612•298-4151
' i
. • `
NOTICE OF PJBLIC HEARING
The City Planning Commission of St. Paul has initiated proceedings relative to the
amendment of Chapter 60 St. Paul Legislative Cade, 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 viewed
there upon request. `
The Planning Corr�nission has fixed the 22nd day of October, 1982, 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.
THOMAS P. FITZ6IBBON
Chairman
City Planning Commission of St. Paul
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' . ' � TABLE OF CONTENTS
1 .0 INTRO�UCTION �
1 . 1 BACKGROUND 1
1 .2 PURPOSE AND SCOPE 1
1 .3 METHODOLOGY 1
2.0 PROPOSED REVISIONS 2
2. 1 DEFINITION: ACCESSORY USE 2
2.2 DEFINITION: AUTO SERVICE STATiON 2
2.3 DEFiNITION: BOARDING CARE H0�1E 2
2.4 DEFINITION: BUILDING 3
�.5 DEFINITION: BLUFFLINE 3
2.6 DEFINITION: CODE 4
2.7 DEFINITION: CURB LEVEL 4
2.8 DEFINITION: DORMITORY 5
2.9 DEFIN:TION: EARTH SHELTERED STRUCTURE F
2. 10 DEFINITION: FARM 6
2. 11 DEFINITION: FRONT SETBACK LINE 6
2. 12 DEFINITION: GRADE
2. 13 DEFINITION: GUE T ROOM 7
2. 14 DEFINITION: NOME OCCUPATION 7
. 2. 15 DEFINITION: JUNKYARD 8
2. 16 DEFINITION: MANUFACTURED HOME 8
2. 17 DEFINITION: MASTER PLAN 9
2. 18 DEFINITION: MEZZANINE 9
2. 19 DEFINITION: SIGN 9
2.20 NEW SECTION: REQUIRED DOCUMENTS 10
2.21 SCHEDULE OF REGULATIONS: RESIDENTIAL 10
2.22 SITE PLAN REVIEW 12
2.23 GENERAL EXCEPTIONS: FOUNDATIGNS 13
2.24 GENERAL EXCEPTIONS: EARTH SHELTERED SETBACKS 14
2.25 PLANNING COMMISSION AND PLANNING 14
ADMIN?STRA?OR AUTHORITY
DISCUSSION
Boarding care and nursing homes are defined alike by
the Code; this change facilitates reference.
2
1 .0 INTRODUCTION � �
1 . 1 BACKGROUND Zoning Ordinances are living regulations, intended to
be changed to reflect current interpretations, technologies,
and city policy. St. Paul 's ordinance is now more than
five years old and is in need of updating. This is the
third in a series of uodates beaun in December of 1981 .
2.4 SECTION 60.202 B - BUILDING
(P. 223)
Delete references to structures unsuitable for use as
a building.
PROPOSED REVISION Building. Any structure, either temporary or permanent,
having a roof supported by columns or walls. a�r►�i�t�
�-o�=-�-#���t-ei=�r=�ne-1-o�Er��f--per�s.o+'�,-�ifrra-l-s-,-�-h�a-t-��1-5-,-
.�►=�r�rti�-c}f--a�r�y-�:-i-r�c1-.--T-kri-s--s-kx�l-1-i-r�e k.�d�e--t�e�rrt-�,-�i-n�g-�,-
�r=-u-�-i-c 1�-�i�-ua-t,e�-o�--{�r=�-�-t�-p�r�{�x'-t,�--axx���i-��r=
-t-k��r-�oj'.�-o�-�-tw-��d-i�
� DISCUSSION
This amendment is primarily intended tc prohibit the
use of semis parked on commercial lots. This change
would not prohibit such use during on site construction.
2.5 SECTION 60.202 B - BLUFFLINE
Clarify definition of bluffline.
P R 0 P 0 S E D R E V I S I 0 N �-L.�f��u�e�---A 1-i.x��terulet�-al-0-ru}�t�e-.k�i-9he..s.�-PA-��
�a.r�d �lu#'.��.ox�-�i-thex-s-i-d.�.o��-r=i.v�r_.ar�d 1-0.c.ate.d
w..i_tl�i.r��baxu�.ar-a.e�.�-af--t.h�.des-i.�xu.ted-.N1i�i.s�i��-�.i-uar
.Carx_�i�.o�=�'.r-i.�i-ca-l-.Ane�a_-
A line along the top of certain steep slopes facing the
Mississippi River valley as shown on the River Corridor
zoning maps. In anv particular case, the bluffline shall
mean a line drawn along the top of the bluff such that
the slo e below ±he ' ine is steeper than 18o ana the
slope above is 18° or less.
DISCUSSION
This revised definition is intended to simplify application
of the River Corridor standards.
3
. � . � � . `�.����I,�'�
. . . . . . .
2.6 SECTION 60.203 C - CODE
(P. 224)
Correct code reference.
PROPOSED REVISION "Code" or "this code", unless the context clearly indicates
the Legislative Code or some other code (building, housing,
fire, etc. ) means the Saint Paul Zoning Code.
DISCUSSION
The removal of specific chapter citations eliminates
the need for amendments each time a new chapter is adopted.
2.7 SECTION 60.203 C - CURB LEVEL
(P. 225)
Delete superfluous definition.
P R 0 PO S E D R E V I S I 0 N T.hE.�ne.,art._le,.u�L�f_.�t�..cua�h�}.ai.r�in}.�zarLin}lnt�_�n
r..or.ner__k�.t,s.,_r,ux�.�1,e.v�t is.th��.vPr��..f_.tl�.me..an._lev�ls
�#=�-r►�-�j�-i�-i-n{}{�r=�s-�-t-k�i�rt���i-rx�-s�x�-ee��.
, �Y�h►ar�-r�o--c,u�rb-1-��-�s--b�e�.uti-�e�s#.ab-l-i,sl�erl.,-.t.l�.�i.t�-exK}i-r�ee.r-
-�ha-�-1-�-t�ak��i-s�-�}c,k�-c�u-r�-1�e�1-�r=i�t�-e�q�-iw a-1�'�t-.
DISCUSSION
Curb level is not used by the Building Department or
Zoning Code as a reference for measurement.
4
2.8 SECTION 60.204 D - DORMITORY
(P. 226)
Delete condition from definition; clarify ownership and
land use issue.
PROPOSED REVISION A building designed for or used as living quarters for
students of a high school , college, university, or seminary,
organized and owned by a high school , college, university,
o r s e m i n a ry. (-a�--k�cc a�.-ec��-i-t-kr-i�--����e t-o-f-�-i�r��re�ar�es-�
p�r�r�x�r-t�-�i-t�-o�-t�-�i-rr�-e�ro�-1-�rotrrx�s.-}- Do r m i t o r y
includes fraternity and sorority houses.
, DISCUSSION
All buildings oa�ned or organized by schools for student
housing must obtain a special condition use permit.
The 250' condition is more appropriately cited in the
text of the Code.
2.9 SECTION 60.205 E - EARTH SHELiERED STRUCTURE
(P. 227)
Delete schedule of regulation requirements.
PROPOSED REVISION Any completed building constructed so that 50 percent
of the exterior surface area of the building excluding
garages and other accessory buildings is covered with
earth, and constructed to the following standards :
( 1 ) 80 percent or more of the roof area is covered with
a minimum depth of 12 inches of earth;
(2) 50 percent or more of the wall area is covered with
a minimum depth of 12 inches of earth;
(3) Those portions of the structure not insulated with
a minimum of seven feet of earth shall have additional
insulation.
�l 1-�a�t-Yr-s�l�t��s��tre-�trj^es--s+ra-1-�-+ra�v�trriiritnt�rr s�t�rae�cs-
�f-#'���
DISCUSSION
Setbacks are more appropriately listed in schedule of
regulations.
5
� . . . �����,�.�+�►
2. 10 SECTION 60.206 F - FARM
(P. 228)
Delete superfluous definition.
PRO PO S E D R E V I S I 0� R-tract-Qf-fiarn#-�s�et#-f�c�r-t-�e-�arry�g-c3�-c3�-a�p-agr�-e�t}��,��}
ac��e�}�,�-ow-��e-�a}�}�g-o-�-�}v�es��c}c�-a�-sr����--�r��+���
as�-a-s��wc-e-o�-#-�c-c�e.-
DISCUSS?ON
Farms are not cited in the text of the Code.
2. 11 SECTION 60.206 F - FRONT SETBACK LINE
(P. 229)
Delete reference to grade.
PROPOSED REVISION A line which is parallel to the front lo± line which
establishes the minimum front yard depth of a zoning
lot. The location of such front setback line shall be
determined by the required depth of the front yard as
, prescribed in the Schedule of Regulations of this code
(Chapter 61 ) . �t�e-}}�e-��-�+eas��ec�-��+-�I�e-��e��-�o�
���e-�e-�k�e-��ov-e-���de-��c-e-a�-�t�e-��}�d��g�
DISCUSSION
Setback is established even without a building.
2. 12 SECTION 60.207 G - GRADE
(P. 229)
Simplify definition.
PROPOSED REVISION The elevation established for the purpose of regulating
the number of stories and the height of buildings. �e�
��}��}�gs-b�r�}�g-a-w��-�-e�-wa��s-e�-e�-w�t�}�-�5-�eet
e€-a-s��ee�-�}�es-g�a�e-s�a��-�e-6���-�e�e�-s-e�-�ts-e4�►�u��.en<.
e��es��e-��E�-wa��-e�-wa�-�sr--Wk�er�-a-����d}r�g-�a�-€�sa�a�ge
e�-r�e�e-�ba�-e�e-s��ee�;-��e-�swes�-6���-�e�ce�-s����
�����r--�e�-��}����g�-�a���g-a:��-wa��-s-rae�e-��a�-��-€ee�
��er�-�-s��ee�-�}�eT Grade shall be the mean level of
the finished surface of the ground adjacent to the exterior
walls of the buildings.
DISCUSSION
This change is consistent with Building Department policy
for determining grade.
6
. 13 SECTION 60.207 G - GUEST ROOM
(P. 230)
Delete superfluous definition.
� P R 0 P 0 S E D R E V I S I 0 N /���-�►=-g�r-au�-o-f--�-o�or�f-t}r�i-r�g--a�i-rx,�}e��mri-rx,�-
u�r�-�t�-c�=-i�t�r�d�ed���-��e�t�et�-�-o�r-�-i-v-i-r�g-a�rx�-s-1-e�e��rg
b�u�-+���r=-�-ooJ�i�x}-ar=�t i-rxx}-{x.�r'1x�s�:
DISCUSSION
The term Guest Room is not used in the text of the Code.
2. 14 SECTION 60.208 * H - HOME OCCUPATION
(P. 230)
Delete reference to sign requirements.
PROPOSED REVISION An occupation carried on in a dwelling by the resident
thereof not involving the conduct of a retail business
or manufacturing business, and provided that the use
is incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the character
thereof. Such a home occupation shall include office
of professionals, hame beauty shops and such other occupatior�
which by custom are considered as a use accessory to
a dwelling. Such a home occupation shall be conducted
entirely within the dwelling and shall be conducted by
no more than two persons, one of whom must reside within
the dwelling. Services such as a home beauty shop shall
serve no more than one customer at a time. No structural
alterations or enlargements shall be made for the sole
purpose of conducting the home occupation. There shall
be no detriments to the residential character of the
neighborhood due to the emission of noise, odor, smoke,
dust, gas, heat, glare, vibration, electrical interference,
traffic congestion, or any other annoyance resulting
from the home occupation. There shall be no exterior
storage of products or materials. axu�x��s.�.k�-�r--a��r-�i-s-i-r�
-s-i�--EU�-�,t�-p�r�i�s-�o-f-�-�kw�'►e-��e�t i�,-{�r�w-i�-t�ki�-t
�nau��1at��a�r-g�=#.�a�►-�e-�,Fa�r�-��-�x►-�a�r2�a-,-
st.ataxu}-t.k�.x►�au�e�f-�.k}e-{�r.ap�ra��,or,--a�a�ba a�t,��2d-��o-
#�i�.wal-�-.o#�,kt��dv�l-�a�g-.
DISCUSSION
Sign requirements are cited in Chapter 66.
7
� . . �,����j��,r�
, . . . . . , . ,
2. 15 SECTION 60.210 J - JJNKYARD
(P. 230}
Make definition consistent.
PROPOSED REVISION A-pl�ca An open area where waste, used or second hand
materials are bought and sold, exchanged, stored, baled,
packed, disassembled, or handled, including but not limited
to scrap iron and other metals, paper, rugs, tires, and
bot�les. A "junkyard" includes automobile wrecking yards
and includes any area of more than 200 square feet for
storage, keeping, or abandonment of junk, but excludes
uses established entirely within enclosed buildings.
It also excludes establishments exclusively for the sale,
purchase, or resale of used cars and the processing of
used, discarded, or salvaged mat�rials as part of the
manufacturing operations.
DISCUSSTON
This chanae clarifies that junkyards are o�,en areas--
excluding uses entirely within enclosed buildings, such
. as second hand stores and recycling center.
2. 16 60.213 M NEW SECTION M - MANUFACTURED HOME
(P. 233)
Add definition.
PROPOSED REVISION Manufactured sinqle family dwelling. A structure trans�ortabl:�
in one or more sections which is built on a permanent
chassis and desiqned to be used with or without a permanent
foundation when connected to the required utilities.
No manufactured dwelling shall be moved into the City
of St. Paul which does not meet the Manufactured Home
Buildin Code as defined in Minnesota tatutes Cha ter
3 . l , Subdivision
PROPOSED REVISION Delete definitions of mobile home (Section 60.213) and
mobile home ark (Section 60.213 and trailer coach (Section
60.220 .
DISCUSSION
The changes in terminology reflect recent state legislation
prohibiting cities from excluding "manufactured homes"
in single family zones.
8
2. 17 SECTION 60.213 M - MASTER PLAN
(P. 233)
Change terminology for consistency.
" PROPOSED REVISION Master plan or Comprehensive Plan. The comprehensive
plan including graphic and written proposals indicating
the general lacation for streets, parks, schools, public
buildings, and all physical development of the municipality,
and includes any unit or part of such plan, and any amendmer:
to such plan or parts thereof. Such plan may or may
not be adopted by the city council .
. DISCUSSION
The Code includes references to the Comprehensi��e Plan.
2. 18 SECTION 60.213 M - MEZZANINE
(P. 233)
Delete superfluous definition.
PROPOSED REVISION �n-TrttermedT�te-ar-frae�}e�a�-��s��-�e�wee�-twe-m���
storTes-that-preJee�s-��-��e-�e��-e€-a-�a��e��-s�e�-tqe
storq-be}e�-a��-��e-��eew-a�ea-e€-w��E�-�ees-�et-exceed
33-�f3-peree��-e�-��e-€�ee�-a�ea-s�-�qe-��ee�-below_
DISCUSSION
Mezzanine is not mentioned in the Code text.
2. 19 SECTION 60.219 S - SIGN .
Delete definitions.
PROPOSED REVISION ���:--��e-��e-e�-a��-wexds,-�umeraas,_f�gures,_dey��ES,
���ag��,-er-trademarks_by_�b�rh_an�th�ng_�s_m���_knQwn
sntfi-as-are-nse�-�e-s�ew-a�-a��a�a��aa3-�a��,-��e�ess�ea,
tns�n�ss;-�r-��e���e�;-afl�-a�e-�asa�ae-�e-�be-gea�xaa_
p����e:
S.a.gx�,_�ss�r�___A s��n_�rb��b_�5_��Q.S�9ry_tg_t hg_p r i n c i p a 1
tt�se-�o-€-�#e-�e�i�2�
�i�,-�ox��-s��,__�.�a.gx��ki��i�s_n���c.cPSS�r,y_t�
#,�_�ax�i�.a-1_��.f_#h�.p.r�sP C-
DISCUSSION
Sign definitions are located in Chapter 66 of the Code.
9
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� The building width on any side shall be at least
twenty-two feet. The building width shall not include
�entryways or other appurtenances that do not run
the full length of the building.
DISCUSSION
Recent state legislation prohibits cities from excluding
mobile homes ; however, it does give cities the authority
to regulate width and type of foundatior.
Most single-wide mobile homes are 12 to 14 feet in width,
with a few at 16 feet; most site built ham2s in St. Paul
are a minimum of 24 feet. While this amendment severely
restricts the type of mobile home allowed in single family
districts, it protects the single family neighborhood
from incompatible housing and from housing which is not
subject to the Building Code standards for site built
homes.
2.22 SECTION 62. 108 SITE PLAN REVIEW ALL DISTRICTS
(P. 312)
Clarify intent of site plan review and exempt some additions
to single and two family structures in the River Corridor.
PROPOSED REUISIONS Site plan review (all districts) .
Subdivision 1 . Plan to be submitted. A site plan shall
be submitted to and approved by the planning commission
before a permit is issued for grading or the erection
or enlargement of usable fl�or area for any development
except one and two family dwellings, but including the
following:
(1 } Any development of one and two family residences
which together exceed two acres (87, 120 square feet)
in area.
(2) All residentially related uses in one family districts,
such as, but not limited to, churches, schools, and
public facilities.
(3) Ary industrial use in an I-1 , I-2, or I-3 District
abutting a Residential District.
(4) Any use which abuts to a major thoroughfare.
12
(5) Any development on .a slope greater than 12 percent
or greater.
(6) Any development in the River Corridor Critical Area
or in the Flood Plain District except additions to
one and two family dwellinqs which do not increase
the building lot coverage by more than 25 or accessory
structures, rovided that neither affects slo es
of 12°0 or greater.
(7) All off-street parking facilities for uses other
than one or two family dwellings.
(8) Any other use or development for which the submission
of a site plan is required by any provision of this
code.
, (9) Earth-sheltered structures.
DISCUSSION
Grading should not occur on any site prior to site plan
approval and building permit issuance; this clarification
becomes when the site is on a steep slope--irrepairable
damage can be done prior to site plan review. This clarifica-
tion is tandem with new topographical maps supplied by
Ramsey Soil and Water should provide for early identifica-
tion of and early development controls on steep slopes
as well as implement the "sensitive lands" chapter of
the Comprehensive Plan.
(5) The intent of the provision was to include 12% slopes.
(6) This change brings site plan review standards into
agreement with the River Corridor chapter of the
Code.
2.23 63. 108 NEW SECTION GENERAL EXCEPTIONS REGULATIONS
(P. 319)
Add requirement for permanent foundations.
PROPOSED REVISION All buildings shall be provided with a permanent foundation
with perimeter frost footings or_ a slab on grade which
meets the State Building Code; all buildings shall be
anchored in an approved manner.
DISCUSSION
Recent state legislation regarding manufactured homes
allows cities to set requirements for foundations.
13
� ',�,�������
60.423(2) Fraternities, sororities (RT-1 )
60.423(3) (c)(d) (e) Community Residential Facilities (RT-
1 )
60.443(Z) Rooming and Boarding Houses (RM-1 )
60.453(2) (a) (b) (c) Hospitals (RM-2)
60.453 (4)(d) (f) Retail service use (RM-2)
60.463(1 ) (c) Retail service and office use (RM-3)
60.454(d) Indoor recreation; gamerooms (B-2}
60.513(3) OS-1
60.524(3) B-1
60.534(3) B-2
60.543(2) (b) Car sales lots (B-3)
60.543(4) (a) (c) Fast food restaurants (B-3)
* 60.543(4) (b) B-3
60.543(�) Veterinary clinics (B-3)
60.613(3)
60.623(2)
60.624(1 )
DISCUSSION
This change would make all special condition uses modifiable
by the Planning Commission. The change is predicated
on the observation that there is a basic inequity in
the uses which are modifiable and those which are not.
Uses which have traditionally been the subject of neighborhooc
controversy (group homes, colleges, sororities/fraternities,
fast food restaurants, and game rooms) oddly enough are
among those which have modifiable conditions, while some
rather innocuous uses (golf courses, recreation buildings,
and greenhouses) do not. In fact, in several instances,
the same use has some conditions which are modifiable
and others which are not.
The list of uses which are modifiable has grown in response
to unique circumstances which have resulted in hardship
to owners of property: group homes with major topographical
barriers negating the intent of the 1,320' distance require-
ment; institutions without capability of relocating on
a major thoroughfare or expanding their sites to meet
five acre minimums. This amendment provides a means
of modification for other unique circumstances.
15
2.24 63. 109 NEW SECTION GENERAL EXCEPTION REGULATIONS
(P. 319)
Add setback requirements for earth sheltered structures.
PROPOSED REVISION All below ground portions of earth sheltered structures
shall have minimum setbacks of four feet.
DISCUSSION
These setbacks apply to all earth sheltered structures.
2.25 SECTIOh 64.300 PLANNING COMMISSIOh' AND PLANNING ADMI�ISTRATOR APPROVAL
(P. 326)
Make all special condi�ior uses modiFiable by the Pla.nnina
Commission.
PRGPOSED REVISION Subdivisior. 4. 1�1}er�-��ec���c-r-E�r-�-r�c�-��.-raad�_ta_this
����#}�}�}��_4_a-�-�c��ar�-�4�3.Qa-ir�-Cha�te�_6.Q_ The planning
commission, after public hearing, may modify sRecif ied
any or all special conditions, when strict application
, of such special conditions would unreasonably limit or
prevent otherwise lawful use of a piece of property or
an existinq structure and wauld result in exceptional
undue hardship to the owner of such property or structure,
provided that such modification will not impair the intent
and purpose of such special condition and is consistent
with health, morals and general welfare of the community
and is consistent with reasonable enjoyment of adjacent
property. The requirements of Sections 61 . 100 through
61 . 105 and 62. 103 shall remain in force and effect and
shall not be superseded or waived by any such modification
of a s�eE���e� special condition.
PROPOSED REVISIONS Delete wording "subject to provisions of Section 64.300,
Subdivision 4", from:
60.413(5) Community Residential Facilities (R-1 - R-4)
60.413(6) (a) (b) Colleges (R-1 - R-4)
60.413(7) (b) (c) Private, noncommercial recreation centers
(R-1 - R-4)
14
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� ����.;.' G.:.TY�'t�F ►�.A..1'`r!P �.A.TJ�.a ��,!���i��►�?
`� '^ ' Ok�FICE OF "t'HT' MAYOR ,, � ,�.
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?h�� 347 CIT Y T-TALL
���� SAINT PAUY„ M�NNESOTA 55l02
GEQXG$ L.ATtMER (612) 248•4323
MAYOR
hovember �, 1982
Council President and -
Members of the City Council
7th Floor City Hall
Saint Paul , Minnesota 551Q2
RE: P�anning Cor�nission Recommendation of
Zoninq Code Text Amendments III
Dear Council President and Members of the City Council :
On November 5, 1982, the Planning Cormnission, on a vote of 12 to 0 approved a
resolution recarnnendin4 a number of amendments to the 1975 Zoning Code.
� - These amendments are the third in a series initiated by the Planning Commission. _.
These changes are intended to reflect current interpretations of the code and to
simplify its application. Text Amendments III f�cus on changes to be consistent
with state law, changes to streamline the administration of the Code, and changes
to implement elements of the Comprehensive Plan.
The District Councils have had an opportunity to review and to comment.
-- I am transmitting these Zoning Code Amenctnents at the reauest of the Planning _ _
Commission with my recommendation for your review and approval .
Sincerely,
George Latimer -
Mayor
GL:mkA �
Attachments
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_ ZON i�J G:��_�'E�C�'_. A1�Il E�V��/I E�T S-=::�_11
OCTO B E R 1982
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PLANNING DIVISION
DEPARTMENT OF PLANNING AND EGONOMIC DEVELOPMENT
. CITY HALL ANNEX
25 WEST FOURTH STREET
SAINT PAUL, MINNESOTA 55102
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D p D t� p
D
IONING TEXT TEXT UPDATE AMEN�IENTS III
CHAN6ES ANALYSIS �
1. What do the proposed amendments do? �
- �Clarify definitions of �Boardin �Care Hame Front •
Setback Line Buildin rG ade �un ar aster-
I _ an and u f ine.
tT�e ed�'ine uto erv�ce Station to include specialty
automotive stores.
- Correct definition of Code.
- Delete superfluous definitions including Curb
� Level Farm Guest Room Meu anine and Sign
! _ r inance erms.
Add definition of Manufactured Home.
- Restructure definit�ons o rmitory, Earth
Sheltered Structure, Home Occupation.
- Include recording procedures dictated by state
legislation.
- Establish minimum width requirements for single
family homes.
- Tighten site plan review criteria.
- Add requirements for permanent foundations.
- Give the Planning Comnission authority to modify
Special Condition Use Permit requirements.
2. Who i n i t i ated the art�endn�nts?
The Planning Commission.
3. Are changes timely?
Yes. The Ordinance mandates �updates of the text;
this is the third in a series begun in December,
• 198].
� 4. What problems will be solved by the changes?
The changes will further simplify administration
of the Code, bring the Code into compliance with
recent state legislation, and increase the protection
of the city and neighborhoods from incompatible or
negligent development.
. 5. What problems might the changes create?
None. The changes are based on five years of exper-
ience in interpreting and administering the Ordinance.
DIVISION OF PLANNING • DEPARTMENT OF PLANNtNG AND ECONOMIC�EVELOPMENT CITY OF SAtNT PAUL
CITY HAIL ANNEX • 25 WEST FOURTH STREET.SAINT PAUL, MfNNESOTA 55102 TELEPHONf:612•298-�151
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NOTICE OF PUBLIC HEARING
The City Planning Comnission of St. Paul has initiated proceedings relative to the �
. amendment of Chapter 60 St. Paul legislative Code, i.e., Zoning. Specific texts o� �
the proposed ordinance are on file in the Zoning Section of the City Planning pivision,
located at the City Hail Annex, 25 West Fourth Street, llth Floor, and may be viewed
there upon request.
The Planning Commission has fixed the 22nd day of October, 19$2, 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 Comnission will hear a11 objections and recommendatians relative
to said amendments.
THOMAS P. FITZGIBBON
Chairman
City Plannin9 Comnission of St. Paul
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TABLE OF CONTENTS
1 .0 INTRODUCTION 1
1 . 1 BACKGROUND 1
1 .2 PURPOSE AND SCOPE 1
1 .3 METHODOLOGY 1
2.0 PROPOSED REVISIONS 2
2. 1 DEFINITION: ACCESSORY USE 2
2.2 DEFINITION: AUTO SERVICE STATIO� 2
2.3 DEFINITION: BOARDING CARE HOME 2
Z.�+ DEFINITION: BUILDING 3
2.5 DEFINITION: BLUFFLINE
2.6 DEFINITION: CODE c
2.7 DEFINITION: CURB LEV L c
2.8 DEF?NITION: DORMITORY �
2.9 DEFINITION: EARTH SHELTERED STRUCTURE 5
2. 1G DEF?NITION: FARM �
2. 11 DEFINITiON: FRONT SETBACK LINE E
2. 12 DEFINITION: GRAD �
2. 13 GEFINITION: GUEST ROOM _Z
2. 14 DEFINITION: HOME OCCUPATION 7
� 2. 15 DEFINITION: JUNKYARD $
2. 16 DEFINITION: MANUFACTURED HOME g
2. 17 DEFINITION: MASTER PLAN 9
2. 18 DEFINITION: MEZZANINE 9
2. 19 DEFINITION: SIGN 9
2.20 NEW SECTION: REQUIRED QOCUMENTS 10
2.21 SCHEDULE OF REGULATIONS: RESIDENTIAL �p
2.22 SITE PLAN REVIEW 12
2.23 GENERAL EXCEPTIONS: FOUNDATIONS 13
2.24 GENERAL EXCEPTIONS: EARTH SHELTERED SETBACf:S 14
2.25 PLANNING COMMISSION AND PLANNING 14
ADMINISTRATGR AUTHORITY
1 .0 INTRODUCTION
1 . 1 BACKGROUND Zoning Ordinances are living regulations, intended to
be changed to reflect current interpretations, technologies,
and city policy. St. Paul 's ordinance is now more than
five years old and is in need of updating. This is the
third in a series of updates begun in December of 1981 .
1 .2 PURPOSE AND SCOPE Tnese amendments are intended to reflect current interpreta-
tions of the Code and to simplify its applications.
This third group of amendments ranges from deleting superfluc,.
definitions to incorporating recent state legislative
changes; from setting standards for building on steep
slopes to giving the Planning Commission authority to
� modify special conditions.
1 .3 METHODOLOGY The report presents a brief description of the type of
amendment proposed, proposed language, and a discussion
of the reason for the proposed change. Language to be
deleted is dashed through; new language is underlined.
(Page numbers of the Zoning Ordinance are indicated beneath
corresponding sections. )
1
. � � . . . ���,�,��,
2.0 PROPOSED REVISIONS
2. 1 SECTION 60.201 A - ACCESSORY USE, OR ACCESSORY
(P. 221)
Add trash containers.
PROPOSED REVISION (11 )Trash containers, including garbage dumpsters, in
accordance with Chapter 357 of the Legislative Code.
DISCUSSION
Add trash containers to clarify their classification
as accessory. Chapter 357 regulates solid waste, relegating
them to rear yards.
2.2 SECTIOPd 60.201 A - AUTO SERVICE STATION
(P. 221 )
Provide for specialized automotive stores.
PROP�SEG REVISION A place where gasoline, automobile engine fuel (stored
only in underground tanks) , kerosene, �r= motor oil , arn�
lubricants, � grease (for operation of motor vehicles)
. or minor accessories are retailed directly to the public
o n t h e p rem i s e s, i�c-kEd-i�x}�,hg�1a�#�i�ru�=��ss�i�s-
a�u��k�e where the servicing, minor repair or installation
of mufflers or other specialty items may occur.
DISCUSSION
This change is intended to accommodate specialized automotive
uses such as muffler shops.
2.3 SECTION 60.202 B - BOARDING CARE H�ME
(P. 223)
Clarify definition.
PROPOSED REVISION Boarding care home. A building or structure where aged
or infirrn persons reside on a 24-hour basis in order
to receive custodial care and related personal services;
for purposes of this code, the same as a nursing home.
DISCUSSI�N
Boarding care and nursing homes are defined alike by
the Code; this change facilitates reference.
2
2.4 SECTION 60.202 B - BUILDING
(P. 223)
Delete references to structures unsuitable for use as
a building.
PROPOSED REVISION Building. Any structure, either temporary or permanent,
having a roof supported by columns or walls. afix�ix��d�d
��=-#�e-��t-e�=�x=-�c 1-o�kr��f-�e�r�o►�,--a�r�-i�-1-�,-��-�t-t-�1-�,-
�x=-�}r�}���-o-f--�r�-k-i�.--T-h-i-�-�-1-1-i-�c k.�-��e�rt-�,--a�vfr�i-rx�;
�r=-u�►-i-Gl�-�i-t�a�,�d--o�-�x'=i�a#���r'�}�x'-t,�--axu��2c���r=
��-�x}r�'.�-o-f-�--b��-1-c�i�r�}-
. DISCUSSION
This amendment is primarily intended to prohibit the
use of semis parked on commercial lots. This change
would not prohibit such use during on site construction.
2.5 SECTION 60.202 B - BLUFFLINE
Clarify definition of bluffline.
P R 0 P 0 S E D R E U I S I 0 N �-1-u f�1-ix�e�---�l--1-i.�-�.��.x.tar►ded--a-1-0xu}--t.h��a-91�e-��.ai-r�.o#-
_l.a�d.�lt�f���.e.i�.h.e.r-.s-i-d��f-.th.�.r_i.u�r=�u1d lac.at.e�L
v�i�Y�i.r�.�t�e-ba�ndar-�a.e,�-a#��-ciE.�ir�x�a t.e.d.M.i�s-i�s-i.{�p-��t.i.uer
�o.rx�i-d.oa=-C�=-i.�i-c.�l-.�r.ea.-
A line alonq the top of certain steep slopes facing the
Mississippi River valley as shown on the River Corridor
zoninq maps. In any particular case, the bluffline shall
mean a line drawn along the top of the bluff such that
the slo e below the line is steener than 1 �o and the
slope above is 18 or less.
OISCUSSION
This revised definition is intended to simplify application
of the River Corridor standards.
3
, . ' _ ���;���.����
, ,
2.6 SECTION 60.203 C - CODE
(P. 224)
Correct code reference.
PROPOSED REVISION "Code" or "this code", unless the context clearly indicates
the Legislative Code or some other code (building, housing,
fire, etc. ) means the Saint Paul Zoning Code.
DISCUSSION
The removal of specific chapter citations elimirates
the need for amendments each time a new ehapter is adopted.
2.7 SECTION 60.203 C - CURB LEVEL
(P. 225)
Delete superfluous definition.
P R 0 PO S E D R E V I S I 0 N Th�xne.ar�_1.e�L-0.f_��.r.rh.�d.�j.ainiru�}..a�nixu}_l�_�n.
.�.a�nex-_L�.t,�..,_�.i.r.h._l.e v.a.t i��h�.�ue�.a�.�.nf_�he.mearL_lav.�Lt
�f-��-a�-j�a-i�►-i�g-�-�r-b��--t-k�i�-t�r�'ee�ii�x}�-t-r�t�
. ���a--r�+,�rb-1�1--h�a-s--b�e���e�s.�at�-�i�r�d,-�.ha�i.t.�.�.�g�.i�r�e.e.r=
-����.,#,a��-�i�-��►--c�-r��e�+e-1-�x=i#��q�+.�i�l��.
DISCUSSION
Curb level is not used by the Building Department or
Zoning Code as a reference for measurement.
4
2.8 SECTION 60.204 D - DORMITORY
(P. 226)
Delete condition from definition; clarify ownership and
land use issue.
PROPOSED REVISION A building designed for or used as living quarters for
students of a high school , college, university, or seminary,
organized and owned by a high school , college, university,
o r s e m i n a ry. (�k>ee�t��i-��ri-rr-2���e t�rf--�-rr�-rre-�r�s�
W"-E�.'r'���i�t�re-�c�-f-���ra-i�r-��-�r�e-1-�ro�wrds.}- Dc rm i t o ry
includes fraternity and sorority houses.
DISCL'SSION
' All buildings owned or organized by schools for student
housing must obtain a special condition use permit.
The 250' condition is more appropriately cited in the
text of the Code.
2.9 SECTION 60.205 E - EARTH SHELTERED STRUCTURE
(P. 227)
Delete schedule of regulation requirements.
PROPOSED REVISION Any completed building constructed so that 50 percent
of the exterior surf ace area of the building excluding
garages and other accessory buildings is covered with
earth, and constructed to the following standards :
(1 ) 80 percent or more of the roof area is covered with
a minimum depth of 12 inches of earth;
(2) 50 percent or more of the wall area is covered with
a minimum depth of 12 inches of earth;
(3) Those portions of the structure not insulated with
a minimum of seven feet of earth shall have additional
insulation.
�1�-��►--s-kr�l��r�e�i--s��t�t.re�trr�es-s-Fi�-1-�-�ra�r��tri�ri�trrt�-s�t�4c�s-
-0#��►=#�t,
DISCUSSION
Setbacks are more appropriately listed in schedule of
regulations.
5
. - . . �„���,������
2. 10 SECTION 60.206 F - FARM
(P. 228)
Delete superfluous definition.
PROPOSED REVISION �-tract-6fi-fia�-rrsec#-fc�w-t-I�e-ea�°r,�firfig-ot�-o�-a�rp-agri-��t}��p�.}
ac�}a�}�,�-o�-�f�e-�a}��r�g-Q�-��µe�t c�c-l�-o-�=-srr+a�-�-�r�����
a�-a-s�c��wc-e-a�-�►�c-orAe.-
DISCUSSiON
Farms are not cited in the text of the Code.
2. 11 SECTION 60.206 F - FRONT SETBACK LINE
(P. 229)
Delete reference to grade.
PROPOSEO REVISION A line which is parallel to the front lot line which
establishes the min�mum front yard depth of a zoning
lot. The location of such front setback line shall be
determined by the required depth of the front yard as
. prescribed in the Schedule of Regulations of this code
(Chapter 61 ) . '�l�e-}}�e-�s�-�►eas��tr-e�d-�r-c�►-��e-��o��-�o�
�}�e-�e-�kre-abowe-g��de-��c-E-a�-�f�-��}�-d�-�g r
DISCUSSION
Setback is established even without a building.
2. 12 SECTION 60.207 G - GRADE
(P. 229)
Simplify definition.
PROPOSED REVISION The elevation established for the purpose of regulating
the number of stories and the height of buildings. Fe�
��}����Q�-ba����-a-w���-e�-wa��s-s�-e�-w�t���-�5-�£eet
e€-a-s��ee�-���es-g�a�e-s�a��--�e-s���-�e�e�s-e�-}ts-equ�u��enb�
e��es}�e-��E�-wa��-e�-w���sr--W�e�-a-��}����g-�as-��e���ge
e�-r�a�e-��a�-e�e-s��ee�s-��e-�swes�-��►��-�ev�e7�-sh��l
a���yr--�e�-�������g�-��r�}�g-a��-wa���-r�s�e-��a�-��-�€ee�
€�er�-a-s��ee�-���er Grade shall be the mean level of
the finished surface of the ground adjacent to the exterior
walls of the buildings.
DISCUSSION
This change is consistent with Building Department palicy
for determining grade.
6
2. 13 SECTION 60.207 G - GUEST ROOM
(P. 230)
Delete superfluous definition.
P R 0 P 0 S E D R E V I S I 0 N ���-oa=�r'-�-o-f--r-oor�s-��ri-�g-��i�g'1-e��o�c-�Fee�'i�g
�.�r►-�-t-�.�-s��►=-i-r�t-ei'���-t�����-�-i�i�g-ar�cl--�l�ee}�i-rtc�
b�i����r=-c�-i-r�g-t�r=-2�t i�x}-p�u�r'-�:
DISCUSSIO�J
The term Guest Room is not used in the text of the Code.
2. 14 SECTION 60.208 • H - HOME OCCUPATION
(P. 230)
Delete reference to sign requirements.
PROPOSED REVISION An occupation carried on in a dwelling by the resident
thereof not involving the conduct of a retail business
or manufacturing business, and provided that the use
is incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the character
thereof. Such a home occupation shall include office
of professionals, home beauty shops and such other occupations
which by custom are considered as a use accessary to
a dwelling. Such a home occupation shall be conducted
entirely within the dwelling and shall be conducted by
no more than two persons, one of whom must reside within
the dwelling. Services such as a home beauty shop shall
serve no more than one customer at a time. No structural
alterations or enlargements shall be made for the sole
purpose of conducting the home occupation. There shall
be no detriments to the residential character of the
neighborhood due to the emission of noise, odor, smoke,
dust, gas, heat, glare, vibration, electrical interference,
traffic congestion, or any other annoyance resulting
from the home occupation. There shall be no exterior
storage of products or materials. .aru�-x�a-.d-i�la��r=-adv$r-t-i�-a�
�i.c�.ar►-�,k�e-�r�n-i�e�-��f-�-����i�,-�r�w-��ded-��i�t
a xiau�-p-k�.t,�-no-a.a.r.ge�r--t,k�a�-0x�e-�.Fa�r2-����-�r�a-,-
s�a#.�x�g-.th�x�a�r►e-.af--#,k�e--px'-o�p�r'a�t�ox�-,-�ba�t##,a��ed-�,o-
.�t��a-la-�#=�,k��-1-�ax�}.
DISCUSSION
Sign requirements are cited in Chapter 66.
7
- . ' - , �'�°,�;��A���
2. 15 SECTION 60.210 J - JUNKYARD
(P. 230)
Make definition consistent.
PROPOSED REVISION A_p1�ce� An open area where waste, used or second hand
materials are bought and sold, exchanged, stored, baled,
packed, disassembled, or handled, including but not limited
tc scrap iron and other metals, paper, rugs, tires, and
bottles. A "junkyard" includes automobile v,�recking yards
and includes any area of more than 200 square feet for
storage, keeping, or abandonment of junk, but excludes
uses established entirely within enclosed buildings.
It also excludes establishments exclusively for the sale,
purchase, or resale of used cars and the processing of
used, discarded, or salvaged materials as part of the
manufacturing operations.
DISCUSSION
This change clarifies that junkyards are open areas--
excluding uses entirely within enclosed buildings, such
� as second hand stores and recycling center.
2. 16 60.213 M NEW SECTION M - MANUFACTURED HOME
(P. 233)
Add definition.
PROPOSED REVISION Manufactured sinqle family dwelling. A structure transportab-.
in one or more sections v,�hich is built on a permanent
�chassis and desiqned to be used with or without a permanent
�foundation when connected to the required utilities.
No manufactured dwelling shall be moved ir,to the City
of St. Paul which does not meet the Manufactured Home
Buildin Code as defired in Minnesota tatutes Chapter
32 .31 , Subdivision �.
PROPOSED REVISION Delete definitions of mobile home (Section 60.213) and
mobile home ark (Section 6Q.213 and trailer coach (Section
60.220 .
DISCUSSION
The changes in terminology reflect recent state legislation
prohibiting cities from excluding "manufactured homes"
in single family zones.
8
2. 17 SECTION 60.213 M - MASTER PLAN
(P. 233)
Change terminology for consistency.
PROPOSED REUISION Master plan or Comprehensive Plan. The comprehensive
plan including graphic and written proposals indicating
the general location for streets, parks, schools, public
buildings, and all physical development of the municipality,
and includes any unit or part of such plan, and any amendmen�
to such plan or parts thereof. Such plan may or may
not be adopted by the city council .
. DISCUSSION
The Code includes references to the Comprehensive Plan.
2. 18 SECTIO� 60.213 M - MEZZANINE
(P. 233)
Delete superfluous definition.
PROPOSED REVISION �R-Trttermed4ate-er-frae�}e�a�-��e��-�e�wee�-twe-m���
storTes-that-proJee��-fi�-��e-€e��-e�-a-�a�se��-eue�-tbe
storq-be�e�-a�d-�he-��eew-a�ea-e€-w��E�-�ee�-�et-gxceed
33=�f3-peree��-e�-�be-€�ee�-a�ea-e€-��e-��ee�-b�low_
DISCUSSION
Mezzanine is not mentioned in the Code text.
2. 19 SECTION 60.219 S - SIGN .
Delete definitions.
PROPOSED REUISION ���:--��e-��e-o�-aa�-Werds,-�u�era�s,_fagures,_�Qy��PS�
�e�agas,-e�-trademarks_by_�b�cb_an�tb�ng_�s_m���_knpwn
sncti-�s-are-�se�-�e-s�ew-afl-�����a��aa3-����,-��e��s��e�,
tns�n�ss;-�r-�ee���e�;-a��-a�e-��sa��e-�e-��e-gea�xaa_
p�����:
S.a�n,_au�ssAr�___L�sa s�t�_�b.i�b_�5_s1C����9Y'Y_t4_t h e_p r i n c i p a 1
tt�se-4#'-�t#e-�2�n-i���
S i�,-�ox�a��2�-sar�,__1�-.�r��h�r.Y��s_n��ar.c�ss�r�_t9
.#,k�e_�ara-�ca.pa]-�.s�.af_tl���.r.e�is P C_
DISCUSSION
Sign definitions are located in Chapter 66 of the Code.
9
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4.. :
� The building width on any side shall be at least
twenty-two feet. The building width shall not include
entryways or other appurtenances that do not run
the full length of the building.
DISCUSSION
Recent state legislation prohibits cities from excluding
mobile homes ; however, it does give cities the authority
to regulate width and type af foundation.
Most single-vride mobile homes are 12 to 14 feet in width,
v,�ith a few at 16 feet; most site built homes in St. Paul
are a minimum of 24 feet. While this amendment severely
restricts the type of mobile home allowed in single family
districts, it protects the single family neighborh�od
from incompatible housing and from housin9 which is not
subject to the Building Code standards for site built
homes.
2.22 SECTION 62. 108 SITE PLAN REVIEW ALL DISTRICTS
(P. 312)
Clarify intent of site plan review and exempt some additions
to single and two family structures in the River Corridor.
PROPOSED REUISIONS Site plan review (all districts) .
Subdivision 1 . Plan to be submitted. A site plan shall
be submitted to and approved by the planning commission
before a permit is issued for qrading or the erection
or enlargement of usable floor area for any development
except one and two family dwellings, but including the
following:
(1 ) Any development of one and two family residences
which together exceed two acres (87, 120 square feet)
in area.
(2) All residentially related uses in one family districts,
such as, but not limited to, churches, schools, and
public facilities.
(3) Any industrial use in an I-1 , I-2, or I-3 District
abutting a Residential District.
(4) Any use which abuts to a major thoroughfare.
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(5) Any development on a slope greater than 12 percent
or greater.
(6) Any development in the River Corridor Critical Area
or in the Flood Plain District except additions to
one and two family_dwellinqs which do not increase
the buildinq lot coverage by more than 25 or accessory
structures, provided that neither affects slopes
of 12T or greater.
(7) All off-street parking facilities for uses other
than one or two family dwellings.
(8) Any other use or development for which the submission
of a site plan is required by any provision of this
code.
. (9; Earth-sheltered structures.
DISCUSSION
Grading should not occur on any site prior to site plan
appraval and building permit issuance; this clarification
becomes when the site is on a steep slope--irrepairable
damage can be done prior to site plan review. This clarifica-
tion is tandem with new topographical maps supplied by
Ramsey Soil and Water should provide for early identifica-
tion of and early development controls on steep slopes
as well as implement the "sensitive lands" chapter of
the Comprehensive Plan.
(5) The intent of the provision was to include 12% slopes.
(6) This change brings site plan review standards into
agreement with the River Corridor chapter of the
Code.
2.23 63. 108 NEW SECTION GENERAL EXCEPTIONS REGULATIONS
(P. 319)
Add requirement for permanent foundations.
PROPOSED REVISION All buildinqs shall be provided with a permanent foundation
with perimeter frost footinqs or a slab on grade which
meets the State Building Code; all buildings shall be
anchored in an approved manner.
DISCUSSION
Recent state legislation regarding manufactured homes
allows cities to set requirements for foundations.
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2.24 63. 109 NEW SECTION GENERAL EXCEPTION REGlJLATIONS
(P. 319)
Add setback requirements for earth sheltered structures.
PROPOSEO REVISION All below ground portions of earth sheltered structures
shall have minimum setbacks of four feet.
DISCUSSION
These setbacks apply to all earth sheltered structures.
2.25 SECTION 64.300 PLAfdNING COMNiISSION AND PLANNING ADMINISTRATOR APPROV�L
(P. 326)
Make all special condition uses modifiable by the Planning
Commission.
PROPOSED REVISIOR Subdivision 4. I�i�er�-��ec���c-r-t��r-�ra�-i-�-ruade_ta_this
�.��}�}��er�_4-o�-�ec��ar�-64.-344_i.r�_C�iapter_�Q_ The planning
commission, after public hearing, may modify sRecif ied
any or all special conditions, when strict applicatio�
, of such special conditions would unreasonably limit or
prevent otherwise lawful use of a piece of property or
an ex?sting structure and would result in exceptional
undue hardship to the owner of such property or structure,
provided that such modification will not impair the intent
and purpose of such special condition and is consistent
with health, morals and general welfare of the community
and is consistent with reasonable enjoyrrent of adjacent
property. The requirements of Sections 61 . 100 through
61 . 105 and 62. 103 shall remain in force and effect and
shall not be superseded or waived by any such modification
of a s�ee���e� special condition.
PROPOSED REVISIONS Delete wording "subject to provisions of Section 64.300,
Subdivision 4", from:
60.413(5) Community Residential Facilities (R-1 - R-4)
60.413(6) (a) (b) Colleges (R-1 - R-4)
60.413(7) (b} (c) Private, noncommercial recreation centers
(R-1 - R-4)
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60.423(2) Fraternities, sororities (RT-1 )
60.423(3) (c) (d) (e) Community Residential Facilities (RT-
1 )
60.443(2) Rooming and Boarding Houses (RM-1 )
60.453(2) (a) (b) (c) Hospitals (RM-2)
60.453 (4) (d) (f) Retail service use (RM-2)
60.463( 1 ) (c) Retail service and office use (RM-3)
60.454(d) Indoor recreation; gamerooms (B-2)
60.513(3) OS-1
60.524(3) 6-1
60.534(3) B-2
60.543(2) (b) Car sales lots (B-3;
60.543(4) (a) (c) Fast food restaurants (E-3)
. 60.543(4) (b) B-3
60.543(5) Veterinary clinics (B-3)
60.613(3)
60.623(2)
60.624( 1 )
DISCUSSIOPd
This change would make all special condition uses modifiable
by the Planning Commission. The change is predicated
on the observatior that there is a basic inequ�ty in
the uses which are modifiable and those which are not.
Uses which have traditionally been the subject of neighborhoo�
controversy (group homes, colleges, sororities/fraternities,
fast food restaurants, and game rooms) oddly enough are
among those which have modifiable conditions, while some
rather innocuous uses (golf courses, recreation buildings,
and greenhouses) do not. In fact, in several instances,
the same use has some conditions which are modifiable
and others which are not.
The list of uses which are modifiable has grown in response
to unique circumstances which have resulted in hardship
to owners of property: group homes with major topographical
barriers negating the intent of the 1 ,320' distance require-
ment; institutions without capability of relocating on
a major thoroughfare or expanding their sites to meet
five acre minimums. This amendment provides a means
of modification for other unique circumstances.
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��t=*o,� CITY �OF �SAII�TT PAUL y; , � }'`��_� �� `�� . .
�� '; OFFICE OF THE MAYOR '� � �'
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SAINT PAUL, MINNESOTA 55102 �7' -+� -
GEORGE LATIMER (612) 298-4323 � � �a f� (�U
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MAYOR ; ''�., , 82,�'y� ;J_
November 5, 1982 ,�` -,r;'°'1. ��
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Counci 1 President and �- ______
Members of the City Council
7th Floor City Hall
Saint Paul , Minnesota 55102
RE: Planning Commission Recommendation of
Zoning Code Text Amendments III
Dear Council President and Members of the City (;ouncil :
On November 5, 1982 , the Planning Commission , on a vote of 12 to 0 approved a
resolution recommendinp a number of amendments to the 1975 Zoning Code.
These amendments are the third in a series initiated by the Planning Commission.
These changes are intended to reflect current interpretations of the code and to
simplify its application. Text Amendments III focus on changes to be consistent
with state law, changes to streamline the administration of the Code , and changes
to implement elements of the Comprehensive Plan.
The District Councils have had an opportunity to review and to comment.
I am transmitting these Zoning Code Amenctnents at the reQUest of the Planning
Commission with my recommendation for your review and approval .
Sincerely,
%',�, �
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George Latimer
Mayor
Gi.:mw
Attachments
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: _s:�O�N_1.�1���:�E�C 3"��Nl EN�M E N T S�_:� �1�_
• OCTO B E R 1982
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� PLANNING DIVISION
DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
CITY HALL ANNEX
25 WEST FOURTH STREET
SAINT� PAUL, MINNESOTA 55102
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D D D (� D
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ZONING TEXT TEXT UP�ATE AMENDMENTS III i
CHANGES ANALYSIS �
l . What do the proposed amendments do? '
- Clarify definitions of Boarding Care Home, Front
. Setback Line Buildin Grade Junk ard Master
I _ lan and Bluffline.
Rede ine uto�ervice Station to include specialty
� _ automotive stores.
Correct definition of Code.
� - Delete superfluous definitions including Curb
Level Farm Guest Room Mezzanine and Sign
� _ Or inance erms.
Add definition of Manufactured Home.
- Restructure definitions of Dormitory, Earth
Sheltered Structure, Home Occupation. I
- Include recording procedures dictated by state
legislation.
. - Establish minimum width requirements for single
fami ly homes.
' - Tighten site plan review criteria.
- Add requirements for permanent foundations.
- Give the Planning Comnission authority to modify
Special Condition Use Permit requirements.
2. Who initiated the amendments?
The Planning Commission.
3. Are changes timely?
� Yes. The Ordinance mandates updates of the text;
this is the third in a series begun in December,
1981 .
i 4. What problems will be solved by the changes?
The changes will further simplify administration
of the Code, bring the Code into compliance with
recent state legislation, and increase the proiection
of the city and neighborhoods from incompatible or
negligent development.
5. What problems might the changes create?
None. The changes are based on five years of exper-
ience in interpreting and administering the Ordinance.
DIVISION OF PLANNING • DEPARTMENT OF PIANNING AND ECONOMIC DEVELOPMENT • CITY OF SAINT PAUL
CITY HALL ANNEX • 25 WEST FOURTH STREET, SAINT PAUL, MINNESOTA SS1Q2 • TELEPHONE: 6t2-298-4151
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NOTICE QF PUBLIC HEARING j
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The City Planning Commission of St. Paul has initiated proceedings relative to the
amendment of Chapter 60 St. 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 viewed
there upon request.
The Planning Corrnnission has fixed the 22nd day of October, 19fi2, 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.
.
THOh1AS P, FITZGIBBON
Chairman
City Planning Commission of St. Paul
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TABLE OF CONTENTS
1 .0 INTRODUCTION �
1 .1 BACKGROUND 1
1 .2 PURPOSE AND SCOPE 1
1 .3 METHODOLOGY 1
2.0 PROPOSED REVISIONS 2
2. 1 DEFINITION: ACCESSORY USE �
2.2 DEFINITION: AUTO SERVICE STATION �
2.3 DEFINITION: BOARDING CARE HOME 2
2.4 DEFINITION: BUILDING 3
2.5 DEFINITION: BLUFFLINE 3
2.6 DEFINITION: CODE 4
2.7 DEFINITION: CURB LEV L 4
2.� DEFINI7ION: DORMITORY 5
2.9 DEFINITION: EARTH SHELTERED STRUCTURE 5
2. 10 DEFINITION: FARM 6
2. 11 DEFINITION: FRONT SETBACK LINE 6
2. 12 DEFINITION: GRAD 6
2. 13 DEFINITION: GU.EST ROOM 7
2. 14 DEFINITION: HOME OCCUPATION 7
. 2. 15 DEFINITIQN: JUNKYARD 8
2. 16 DEFINITION: MANUFACTJRED HOME g
2. 17 DEFINITION: MASTER PLAN 9
2. 18 DEFINITION: MEZZANINE 9
2. 19 DEFINITION: SIGN 9
2.20 NEW SECTION: REQUIRED DOCUMENTS 10
2.21 SCHEDULE OF REGULATIONS: RESIDENTIAL 10
2.22 SITE PLAN REVIEW 12
2.23 GENERAL EXCEPTIONS: FOUNDATIONS 13
2.24 GENERAL EXCEPTIONS: EARTH SNELTERED SETBACKS 14
2.25 PLANNING COMMISSION AND PLANNING 14
ADh1INISTRATOR AUTHORITY
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1 .0 INTRODUCTION
l . l BACKGROUND Zoning Ordinances are living regulations, intended to
be changed to reflect current interpretations, technologies,
and city policy. St. Paul 's ordinance is now more than
five years old and is in need of updating. This is the
third in a series of updates begun in December of 1981 .
1 .2 PURPOSE AND SCOPE These amendments are intended to reflect current interpreta-
tions of the Code and to simplify its applications.
This third group of amendments ranges from deleting superfluc_
definitions to incorporating recent state legislative
changes; from setting standards for building on steep
slopes to giving the Planning Commission authority to
� modify special conditions.
1 .3 METHODOLOGY The report presents a brief description of the type of
amendment proposed, proposed language, and a discussion
of the reason for the proposed change. Languaqe to be
deleted is dashed through; new language is underlined.
(Page numbers of the Zoning Ordinance are indicated beneath
corresponding sections. )
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2.0 PROPOSED REVISIONS
2. 1 SECTTON 60.201 A - ACCESSORY USE, OR ACCESSORY
(P. 221)
Add trash containers.
PROPOSED REVISION �11 )Trash containers, including garbage dumpsters, in
accordance with Chapter 35 of the Legislative Code.
DISCUSSION
Add trash containers to clarify their classification
as accessory. Chapter 357 regulates solid waste, �elegating
them to rear yards.
2.2 SECTION 60.201 A - AUTO SERVICE STATION
(,P. 221 }
Provide for specialized automotive stores.
PROPOSED REVISION A place where gasoline, automobile engine fuel (stored
only in underground _tanks) , kerosene, .ox= motor oil , arn�
lubricants, �rv grease (for operation of motor vehicles)
, or minor accessories are retailed directly to the pubiic
on t h e p rem i s e s, i�r��uri-i�c}�-�a-1�-�#�ix�ar=-ar,�e-s�s.cu�i-es-
a�x��k�e where the servicing� minor repair or installation
of mufflers or other specialty items may occur.
DISCUSSION
This change is intended to accommodate specialized automotive
uses such as muffler shops.
2.3 SECTION 60.202 B - BOAROING CAP,E HOME
(P. 223)
Clarify definition.
PROPOSED REVISION Boarding care home. A building or structure where aged
or infirm persons reside on a 24-hour basis in order
to receive custodial care and related personal services;
for purposes of this code, the same as a nursing home.
DISCUSSION
6oarding care and nursing homes are defined alike by
the Code; this change facilitates reference.
2
2.4 SECTION 60.202 B - BUILDING
(P. 223)
Delete references to structures unsuitable for use as
a building.
PROPOSED REVISION Building. Any structure, either temporary or permanent,
having a roof supported by columns or walls. a�d-i�d�
��x=�e--��-t-e�--o�=�c k��r�-0-f--pe�r�o�r}s-,-�i-�a-1-s-,-�c�a-t��l-�,-
�r=-}�r���-�#-a�n}-�c-i-rFd-.--T�-�i-�-s�1-1-=i-rx k���e�r�t�,-�i-r'►�s-,-
�r=-�e�i-Gl�--�i-t�.Ea�#tec�-ar�-�x=w-a t�-�r"�P�x'-t,���ui--us..ec����r=
�-h�-p�+�r�a�e-�#=�-��-k�i-rx}
� DISCUSSION
This amendment is primarily intended to prohibit the
use of semis parked on commercial lots. This change
would not prohibit such use during on site construction.
2.5 SECTION 60.202 B - BLUFFLINE
Clarify definition of bluffline.
PR 0 P0 S E D R E U I S I 0 N .8.1.u�-f-l-u�e-_--1�1-i.x��c.t er�d.e.d--�1.oxu}-the.�►-i.�he.s.�-po-i.x�.t-�f-
l.ar�cl. �k�.f��-�-��i�l�e�r=�i��f-.�h�x_iu.er_�r►,d..1-ac.a t e.d
v�i#h.i.x�xhe.bau�dar�-e�s-�f--t,he-�i.gxu#,�ed...N�i.ss-is.si.{���t-i�r
�o�rr_i-d.or=-C.r-i�.i-c.�l-1�r.a.a_-
A line alonq the top of certain steep slopes facing the
Mississippi River valley as shown on the River Corridor
zoning maps. In any particular case, the bluffline shall
mean a line drawn along the top of the bluff such that
the slo e below the line is stee er than 1 °o and the
slope above is 18 or less.
DISCUSSION
This revised definition is intended to simplify application
of the River Corridor standards.
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2.6 SECTION 60.203 C - CODE
(P. 224)
Correct code reference.
PROPOSED REVISION "Code" or "this code", unless the context clearly indicates
the Legislative Code or some other code (building, housing,
fire, etc. ) means the Saint Paul Zoning Code.
DISCUSSION
The removal of specific chapter citations eliminates
the need for amendments each time a new chapter is adopted.
2.7 SECTION 60.203 C - CURB LEVEL
(P. 225)
Delete superfluous definition.
P R 0 PO S E D R E V I S I 0 N Th�.rne.ax�_1�uaL.,o.f_�..ciu�li.ari�}ai.r�in��.zmninc}-lnt.�-.Llr',.
r..ornEr_lo.t_.s,-r.�.u-h lav.�L i.s.th�.�v�r��f_.the.lnearL_l,ey�ts
�rf--t�e--�d-j-cr-i�r�►g{-t.Er-t��n--�-k�i�t2�r-��i-rx}�-st��t�,
. �F}ar�-rx��ur-t�-l��-k�.a�ba�r��t.at�l-i,sr�e�d�,-�k►s-.�i-t,���i-r'�ee,�=
�1-�-�#,�t��i-s�-�crh-�-r�1-��--a�=i#�-�}u-i�l�t-.
DISCUSSION
Curb level is not used by the Building Department or
Zoning Code as a reference for measurement.
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2.8 SECTION 60.204 D - DORMITORY
(P. 226)
Delete condition from definition; clarify ownership and
land use issue.
PROPOSED REVISION A building designed for or used as living quarters for
students of a high school , college, university, or seminary,
organized and owned by a high school , college, university,
o r s e m i n a ry. (-a�l�rc�-t-e�d-�-i-��ri-rr-2�-�t��rf--��-rre�re�s�
p�r�}e�r-t�-1-i-r�-crf-�-t�e--Frta-i-n-��-�roo-l-�rotxrc}�s.-� D o r m i t o r y
includes fraternity and sorority houses.
DISCUSSION
` All buildings owned or organized by schools for student
housing must obtain a special condition use permit.
The 250' condition is more appropriately cited in the
text of the Code.
2.9 SECTION 60.205 E - EARTH SHELTERED STRUCTURE
(P. 227)
Delete schedule of regulation requirements.
PROPOSED REVISION Any completed building constructed so that 50 percent
of the exterior surf ace area of the building excluding
garages and other accessory buildings is covered with
earth, and constructed to the following standards:
(1 ) 80 percent or more of the roof area is covered with
a minimum depth of 12 inches of earth;
(2) 50 percent or more of the wall area is covered with
a minimum depth of 12 inches of earth;
(3) Those portions of the structure not insulated with
a minimum of seven feet of earth shall have additional
insulation.
-A-l�-�a�r-t�r--s�re-l��re�i-�-��t.re-��trres-s+ra 1-�-+rav�trri�ri�rr s�tt�at�k�
�##'�r=#�t�
DISCUSSION
Setbacks are more appropriately listed in schedule of
regulations.
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2. 10 SECTION 60.206 F - FARM
(P. 228)
Delete superfluous definition.
PROPOSED REVISION R'tract-Qfi-fiar�-trs�e�#-fc��°-�e-earwpi-�g-ctrt-c3f-a�r,p-agr�-e�t}�a�ra}
ac��+����-o�-�I�e-�a���r�g-o-�-�}we��ac�-o-�-s�►a�-�-�r��+���
a�-a-s�c3�w�c-e-o�-�r�c-c�e:
DISCUSSION
Farms are not cited in the text of the Code.
2. 11 SECTION 60.206 F - FRONT SETBRCK LINE
(P. 229)
Delete reference to grade.
PROPOSED REVISION A line which is parallel to the front lot line which
establishes the minimum front yard depth of a zoning
lot. The location Qf such front setback line sha11 be
determined by the requ�red depth of the front yard as
. prescribed in the Schedule of Regulations of this code
(Chapter 61 ) . �!�e-}��e-}�-�re�s��ec�-��or�-��e-��e��-�o�
�-��e-�e-�14e-a�eµe-���de-��c-e-o�-�f�e-��+}�d����
DISCUSSION
Setback is established even without a building.
2. 12 SECTION 60.207 G - GRADE
(P. 229)
Simplify definition.
PROPOSED REVISION The elevation established for the purpose of regulating
the number of stories and the height of buildings. �e�
��}����Qs-�a���g-a-wa��-e�-wa��s-s�-s�-w�t��-�-�5-�eet
e€-a-s��ee�-���e;-g�a�e-s����-�e-6��b-�e�e�S-e�-}ts-e4�ivaleat_
e��es}�e-s�E�-wa��-e�-wa��sr--Wk�e�-a-�������g-�as-��e���ge
e�-r�e�e-��a�-s�e-���ee�s-��e-�ewes�-����-�e�e�-s����
a���y�--�e�-��}����gs-�av��r�g-a��-w���s-rae�e-��a�-��-€ee�
��er�-a-s��ee�-���eT Grade shall be the mean level of
the finished surface of the ground adjacent to the exterior
walls of the buildings.
DISCUSSION
This change is consistent with Building Department policy
for determining grade.
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. 13 SECTION 60.207 G - GUEST ROOM
(P. 230)
Delete superfluous definition.
P R 0 P 0 S E D R E V I S I 0 N /��-��=-�r-�-0f�o�orr+�f-o�r�i�g-��i�-tgl-e-��.t�e�lc eeiri�g
u�r��t-�.�sec�-c�=-i�t�rr�c#ec�-�-o--l�-�.t�e���-�i-v-i-rfig��}�e�ep-'r�g
bu���-oa=-c�i�x}-o�=�a t i-r►�g--�'1�:
DISCUSSION
The term Guest Room is not used in the text of the Code.
2. 14 SECTION 60.208 . H - HOME OCCUPATION
(P. 230)
Delete reference to sign requirements.
PROPOSED REVISION An occupation carried on in a dwelling by the resident
thereof not involv�ng the conduct of a retail business
or manufacturing business, and provided that the use
is incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the character
thereof. Such a home occupation shall include office
of professionals, home beauty shops and such other occupations
which by custom are considered as a use accessory to
a dwelling. Such a home occupation shall be conducted
entirely within the dwelling and shall be conducted by
no more than two persons, one of whom must reside within
the dwelling. Services such as a home beauty shop shall
serve no more than one customer at a time. No structural
alterations or enlargements shall be made for the sole
purpose of conducting the home occupation. There shall
be no detriments to the residential character of the
neighborhood due to the emission of noise, odor, smoke,
dust, gas, heat, glare, vibration, electrical interference,
traffic congestion, or any other annoyance resulting
from the home occupation. There shall be no exterior
storage of products or materials_ .aru�x�o-.ciis.rp-1��=�dv�r�i�-i�r
�i�gx��-�,k�-�r��-�f-�-�r►����a-t i�,--�r�i�-t�a t �
.�x�a�u�.�a-1�t��a�r.r}e�r-�,k�-0x}e-�,Ea-r�e-��a�-�r�a�,-
s.t.at�xtig..-th�--r�aa'���f--t,�}�r�'a��.ar,-�ba a�t t,a��ed#�o-
�.�la-.of�,k��l-���g�,
DISCUSSION
Sign requirements are cited in Chapter 66.
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2. 15 SECTION 60.210 J - JUNKYARD
(P. 230)
Make definition consistent.
PROPOSED REVISION A-pl��� An open area where waste, used or second hand
materials are bought and sold, exchanged, stored, baled,
packed, disassembled, or handled, including but not limited
to scrap iron and other metals, paper, rugs, tires, and
bottles. A "junkyard" includes automobile wrecking yards
and includes any area of more than 200 square feet for
storage, keeping, or abandonment of junk, but excludes
uses established entirely within enclosed buildings.
It also excludes establishments exclusively for the sale,
purchase, or resale of used cars and the processing of
used, discarded, or salvaged materials as part of the
manufacturing operations.
DISCUSSION
This change clarifies that junkyards are open areas--
excluding uses entirely within enclosed buildings, such
• as second hand stores and recycling center.
2. 16 60.213 M NEW SECTION M - MANUFACTURED HOME
(P. 233)
Add definition.
PROPOSED REVISION Manufactured sinqle family dwelling. A structure transportab'�
in one or more sections which is built on a permanent
chassis and desiqned to be used with or without a permanent
foundation when connected to the required utilities.
Na manufactured dwellin shall be moved into the Cit
of t. Paul which does not meet the Manufacture Home
Buildin Code as defined in Minnesota Statutes Chapter
�2�� , Subdivision .
PROPOSED REVISION Delete definitions of mobi�e home (Section 60.213) and
mobile home ark (Section 60.213� and trailer coach (Section
60.220 .
DISCUSSION
The changes in terminology reflect recent state legislation
prohibiting cities from excluding "manufactured homes"
in single family zones.
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2.17 SECTION 60.213 M - MASTER PLAN
(P. 233)
Change terminology for consistency.
PROPOSED REVISION Master plan or Comprehensive Plan. The comprehensive
plan including graphic and written proposals indicating
the general location for streets, parks, schools, public
buildings, and all physical development of the municipality,
and includes any unit or part of such plan, and any amendment
to such plan or parts thereof. Such plan may or may
not be adopted by the city council .
� DISCUSSION
The Code includes references to the Comprehensive Plan.
2. 18 SECTION 60.213 M - MEZZANINE
(P. 233)
Delete superfluous definition.
PROPOSED REVISION �rt-TrttermedTate-er-frae��e�a�-��8��-�etwee�-twe-���a
storTes-that-pre�ee�s-fi�-��e-€e��-e€-a-�a�Eea�-sue�-tbe
storq-be}e�-a��-�he-��ae�-a�ea-e€-w�}E�-�ees-�st-exceed
33=�f3-peree��-e€-�be-€�se�-a�ea-e�-t�e-��ea�-be�ow_
DISCUSSION
Mezzanine is not mentioned in the Code text.
2. 19 SECTION 60.219 S - SIGN �
Delete definitions.
PROPOSED REVISION �-i��:--��e-��e-e�-aa�-we�ds,-�umeraas,_fagures,_�PY�CPS�
�e�����,-e�-tradeaiarks_b�_�b�rb_an�tb�n�_�5_m��Q_knQwn
snt�-as-are-�sed-�e-5�ew-a�-a��a�a��aa3-�a��,-�xe�e�sae�,
�ns�ness;-er-�se���e�;-a��-a�e-�asa�ae-�e-�be-�ea�raa_
������:
S.a�x�,_acr.essar�___A s��n_�b��la_�s_�sQS59.CY_�9_th,�_pr i n c i p a 1
�rse-�#-�t#e-�'2u�i�s�
S i�,-��e-ssar�,--.�.s.��x�-�ch.a r.Y��s_no��tPSS�r�y_f9
#,k�_�ax��_.us��f_.tti,e.�.r�is P�-
DISCUSSION
Sign definitions are located in Chapter 66 of the Code.
9
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. . , . .
� The building width on any side shall be at least
twenty-two feet. The building width shall not include
entryways or other appurtenances that do not run
the full lenqth of the building.
DISCUSSION
Recent state legislation prohibits cities from excluding
mobile homes; however, it does give cities the autharity
to regulate width and type of foundation.
Most single-wide mobile homes are 12 to 14 feet in width,
with a few at 16 feet; most site built homes in St. Paul
are a minimum of 24 feet. While this amendment severely
restricts the type of mobile home allowed in single family
districts, it protects the single family neighborhood
from incompatible housing and from housing which is not
subject to the Building Code standards for site built
homes.
2.22 SECTION 62. 108 SITE PLAN REVIEW ALL DISTRICTS
(P. 312)
Clarify intent of site plan review and exempt some additions
to single and two family structures in the River Corridor.
PROPOSED REUISIONS Site plan review (all districts) .
Subdivision 1 . Plan to be submitted. A site plan shall
be submitted to and approved by the planning commission
before a permit is issued for grading or the erection
or enlargement of usable floor area for any development
except one ano two family dwellings, but including the
following:
(1 ) Any development of one and two family residences
which together exceed two acres (87, 120 square feet)
in area.
(2) All residentially related uses in one family districts,
such as, but not limited to, churches, schools, and
public facilities.
(3) Any industrial use in an I-1 , I-2, or I-3 District
abutting a Residential District.
(4) Any use which abuts to a major thoroughfare.
12
• , . . . .
(5) Any development on a slope greater than 12 percent
or greater.
(6) Any development in the River Corridor Critical Area
or in the Flood Plain District except additions to
one and two famil_y dwellings which do not increase
the building lot coverage by more than 25% or accessory
structures rovided that neither affects slo es
of 12° or greater.
(7) All off-street parking facilities for uses other
than one or two family dwellings.
(8) Any other use or development for which the submission
of a site plan is required by any provision of this
code.
. (9) Earth-sheltered structures.
DISCUSSION
Grading should not occur on any site prior to site plan
approval and building permit issuance; this clarification
becomes when the site is on a steep slope--irrepairable
damage can be done prior to site plan review. This clarifica-
tion is tandem with new topographical maps supplied by
Ramsey Soil and Water should provide for early identifica-
tion of and early development controls on steep slopes
as well as implement the "sensitive lands" chapter of
the Comprehensive Plan.
(5) The intent of the provision was to include 12% slopes.
(6) This change brings site plan review standards into
agreement with the River Corridor chapter of the
Code.
2.23 63. 108 NEW SECTION GENERAL EXCEPTIONS REGULATIONS
(P. 319)
Add requirement for permanent foundations.
PROPOSED REVISION All buildinqs shall be provided with a permanent foundation
with perimeter frost footinqs or a slab on grade which
meets the State Building Code; all buildings shall be
anchored in an approved manner.
DISCUSSION
Recent state legislation regarding manufactured homes
allows cities to set requirements for foundations.
13
. ' ' . �
' � ' • � • . � ����(�a6>
, l -�:
Ft ��
2.24 63. 109 NEW SECTION GENERAL EXCEPTION REGULATIONS
(P. 319)
Add setback requirements for earth sheltered structures.
PROPOSED REUISION All below qround portions of earth sheltered structures
shall have minimum setbacks of four feet.
DISCUSSION
These setbacks apply to all earth sheltered structures.
2.25 SECTION 64.300 PLANNING COMMISSIOP� AND PLANNING ADMINISTRATOR APPROVAL
(P. 326)
Make all special condition uses modifiable by the Planning
Commission.
PRO PO SE D R E V I S I 0 N Su b d i v i s i o n 4. l�t}er�-�p2c}��c-r-�f-�r�ra�a-i�-ruade_ta_this
��d}����0�-4-o�-�c��-ar�-64�344_��-Cha.Rter_6Q_ The planning
commission, after public hearing, may modify saecif ied
any or all special conditions, when strict application
, of such special canditions would unreasonably limit or
prevent otherwise lawful use of a piece af property or
an existing structure and would result in exceptional
undue hardship to the owner of such property or structure,
provided that such modification will not impair the intent
and purpose of such special condition and is consistent
with health, morals and general welfare of the community
and is consistent with reasonable enjoyment of adjacent
property. The requirements of Sections 61 .100 through
61 . 105 and 62. 103 shall remain in force and effect and
shall not be superseded or waived by any such modification
of a s�ee���e� special condition.
PROPOSED REVISIONS Delete wording "subject to provisions of Section 64.300,
Subdivision 4", from:
60.413(5) Corn�munity Residential Facilities (R-1 - R-4)
60.413(6) (a) (b) Colleges (R-1 - R-4)
60.413(7) (b) (c) Private, noncommercial recreation centers
(R-1 - R-4)
14
• , . . • . .
60.423(2) Fraternities, sororities (RT-1 )
60.423(3) (c) (d)(e) Community Residential Facilities (RT-
1 )
60.443(2) Rooming and Boarding Houses (RM-1)
60.453(2) (a)(b) (c) Hospitals (RM-2)
60.453 (4)(d) (f) Retail service use (RM-2)
60.463(1 ) (c) Retail service and office use (RM-3)
60.454(d) Indoor recreation; gamerooms (B-2}
60.513(3) OS-1
60.524(3) B-1
60.534(3) B-2
60.543(2) (b) Car sales lots (B-3)
60.543(4) (a) (c) Fast food restaurants (6-3)
' 60.543(4) (b) B-3
60.543(5) Veterinary clinics (6-3)
60.613(3)
60.623(2)
60.624(1 )
DISCUSSION
This change would make all special condition uses modifiable
by the Planning Commission. The change is predicated
or the observation that there is a basic inequity in
the uses which are modifiable and those which are not.
Uses which have traditionally been the subject of neighborhooc
controversy (group homes, colleges, sororities/fraternities,
fast food restaurants, and game rooms) oddly enough are
among those which have modifiable conditions, while some
rather innocuous uses (golf courses, recreation buildings,
and greenhouses) do not. In fact, in several instances,
the same use has some conditions which are modifiable
and others which are not.
. The list of uses which are modifiable has grown in response
to unique circumstances which have resulted in hardship
to owners of property: group homes with major topographical
barriers negating the intent of the 1 ,320' distance require-
ment; institutions without capability of relocating on
a major thoroughfare o� expanding their sites to meet
five acre minimums. This amendment provides a means
of modification for other unique circumstances.
15
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SCHEIBEL �
WILSON
MR. PRESIDENT TEDESCO