275722 WHITE '- CITY CLERK
PINK - FINANCE � � (�(�
CANARY - DEPARTMENT G I TY F SA I NT PAIT L COII[1C1I / �-J J
BLUE - MAYOR File N O. � '`��'� �
•
K�Z/L�/`CG Ordinance N O. � � ��d
Presented By
Referred To Committee: Date
Out of Committee By Date
An Ordinance amending Chapter 62 af the
Saint Paul Legislative Code pe�taining to
Zoning - General Provisions.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l.
That Section 62 .102 (a) of the Legislative Code is amended as
follows:
62.102 NONCONFORMING LOTS, NONCONFORMING USES OF LAND,
NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF
STRUCTURES AND PREMISES:
a. Intent
It is the intent of this Ordinance to permit legal
nonconforming lots, structures, or uses existing on
the effective date of this Ordinance or amendment
thereto, to continue until they are removed but not
to encourage their survival. It is recognized that
there exists within the district established by this
Ordinance and subsequent amendments, lots, structures,
and uses of land and structures which were lawful
before this Ordinance was passed or amended which
would be prohibited, regulated, or restricted under
the terms of this Ordinance or future amendments.
For the purposes of this section, a use will be pre-
sumed legally nonconforming if it can be demonstrated
by clear and convincing evidence that prior to the
effective date of this Ordinance, the use was estab-
COUNCILMEIV Requested by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox
McMahon
Showalter A gal n s t BY
Tedesco
�Ison
Adopted by Council: Date Form Approved y it tto ey
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Ma r for Submission to Council
By BY
� ����'���2
demolition or removal of an existing building has
been substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be
actual construction, provided that work shall be
diligently carried on until completion of the
building involved.
Section 2.
That Section 62 .108 of the Legislative Code is amended as
follows:
62 .108 SITE PLAN REVIEW (ALL DISTRICTS)
a. A site plan shall be submitted to the Planning Com-
mission for review and approval for the following
uses:
(1) Principal Uses Permitted Subject to Special
Conditions in all districts.
(2) Any other use or development for which the
sub�nission of a site plan is required by any
provision of this Ordinance.
(3) Any development, except one-family and two-
family residential, but including townhouses,
for which off-street parking areas are pro-
vided as required in Section 62 .103 Parking
Requirements.
(4) Any industrial use in an I-1, I-2, or I-3 District
abutting a Residence District.
(5) Any use which ahuts to a major thoroughfare.
(6) All residentially related uses permitted in
one-family districts such as, but not limited
to: churches, schools, and public facilities.
(7) Earth-sheltered structures.
3 .
. � ����2�
b. Every site plan submitted to the Planning Commission,
in accordance with the requirements of this Ordinance
shall contain such information and be in such form as
the Planning Commission may prescribe in its rules.
Said rules may provide for a delegation of authority
to the Planning Coordinator of the City of St. Paul
of all powers and duties granted to the Planning
Commission under SECTION 62 .108, and such rules will
be filed with the Office of the City Clerk. No site
plan shall be approved until same has been reviewed
for compliance with the standards of all applicable
ordinances of the City of Saint Paul.
c. In reviewing the site plan, the Planning Commission
shall consider:
(1) The location and design of driveways providing
vehicular ingress to and egress from the site,
in relation to streets giving access to the
site, and in relation to pedestrian traffic.
(2) The traffic circulation features within the
site and location of automobile parking areas,
and may make such requirements with respect to
any matters as will assure:
(a) Safety and convenience of both vehicular
and pedestriari traffic both within the
site and in relation to access streets.
(b) Satisfactory and harmonious relations
between the development on the site and
the existing and prospective development
of abutting land and adjacent neighborhoods.
(3) The arrangement of buildings, uses and facilities
of the proposed development in order to assure
abutting property and/or its occupants will not
be unreasonably affected.
4.
�
• ;����22
(4) The Planning Commission may further require
landscaping, fences, and walls in pursuance
of these objectives and same shall be provided
and maintained as a condition of the establish-
ment and the continued maintenance of any use
to which they are appurtenant.
(5) In approving the site plan, the Planning Com-
mission may require marginal access drives
where such marginal access drives are necessary
for safety.
d. In reviewing the site plan for earth-sheltered struc-
tures, the Planning Commission shall consider
(1) Type and location of landscaping to insure
maximum compatibility wit ad�acent above
grade housing.
(2) Proper safeguards for erosion control including,
ut not imite to, andscaping an see ing to
topsoi . S ope an b u f ocations s ou e
eva uate or t eir a i ity to wit stan crum-
bling or sagging.
(3) Proof of soil conditions which would not cause
damage to ad�acent uses.
(4) Proper drainage systems to handle stormwater
run-off.
(5) Minimum setbacks of four (4) feet shall be
required.
5.
WHITE 1 - CITY CLERK ��i�• �•)■)
PINK � - FINANCE J ��W��
CANARY - DEPARTMENT G I TY O F SA I NT PA U L . Counci
Bt,UE - MAYOR File N O.
0 rdin�nce Ordinance N�. 1 � �a v
Presented By _
Referred To Committee: Date
Out of Committee By Date
Section 3 .
This Ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
6.
COUNCILMEN
Yeas ,{� Nays Requested by Department of:
�"'"e � [n Favor
Maddox
Me#Aaqwi
snowa�ter �' Against By
Tedesoo
wlson
QC� 16 1980 Form Approved by it At or ey
Adopted by Counci Date
,
Clertified P by C nc' Secretary BY
��_
App o by Mayor '��. _ � �� Approved by Mayor r ub ssion to Council
g By
��ID 0 CT 2 5 1980
WMITE - CITY CLERK
PiNK - FINANCE (RETURN 0 JEROME S AL AFTE ADOPTIOl�j (�
CANARY - DEPARTMENT (�I T Y O F �A I N T �A U L OI1I1C1I ����'f
BLIFE - •MAYOR File N O. ��1`
Ordin�nce Ordinance N0.
Presented By
Referred To Committee: Date
Out of Committee By Date
An Ordinance amending ehapter 62 of the
Saint Paul Legislative Code pertaining to
Zoning - General Provisions.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN;
Section 1.
That Section 62.102 (a) of the Legislative Code is amended as
follows:
62 .102 NONCONFORMING LOTS, NONCONFORMING USES OF LAND,
NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF
STRUCTURES AND PREMISES:
a. Intent
It is the intent of this Ordinance to �ermit legal
nonconforming lots, structures, or use� existing on
the effective date of this Ordinance or amendment
thereto, to continue until they are removed but not
to encourage their survival. It is recognized that
there exists within the district established by this
Ordinance and subsequent amendments, lots, structures,
and uses of land and structures which were lawful
before this Ordinance was passed or amended which
would be prohibited, regulated, or restricted under
the terms of this Ordinance or future amendments.
For the purposes of this section, a use will be pre-
sumed legally nonconforTM�ng i.f it can be demonstrated
by clear and convincir "<<�, ce �' �.t p�-i_oa to th�
effective date of thi C ,_ . , :. �� , , � �- - �a�a.s P� ,ri - .
COUIVCILMEN II Requested by Decartment of:
Yeas Nays
Hunt
�evine IR Favor - —
Maddox
McMahon
Showalter A gai n s t BY
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By .
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
. . ��`��'��2
lished, converted, or enlarged pursuant to building
permits issued by the City �of Saint Paul; or if it
can be demonstrated by clear and convincing �vidence
that the particular use had been in existence continu-
ously for twenty years prior to the effective date of
this Ordinance. a��-}€-��-ea�-be-e�er�te�s��a�ee�-b�
e�ea�-a�e�-ee����e��e�-eeieler�ee-�ka�-�l�e-��ee��e�s�ea
ef-�l�e-g�ege��p-�e-a-eer�€e��r�e�-�se-�aet��e�-we�3�-e� ,
ttr���te-ka�dsk�g-e�-�l�e-��ege���-e�r�e�.- The burden of
proof shall be on the applicant for a perznit or
certificate of occupancy as the case may be.
Such uses are declared by, this Ordinance to, be incom-
patible with permitted:�es in the dis�tric'�s involved.
It is further the intent of this Ordinance that non-
conformities shal? not be enlarged upon, expanded or
extended, nor be :ased as grounds for adding other
structures or uses prohibited elsewhere in the same
district. A noncanforming use of a structure, a non-
conforming use of land, or a nonconforming use of a
. structure and land shall not be extended or enlarged
after passage of this Ordinance by attachment. on a
building or premises of additional signs intended to
be seen from off the premises, or by the addition of
other uses of a nature which would be prohibited in
the district invol��ed.
To avoid hardship, nothing in this Ordinance shall
be deemed to :require a change in the plans, con-
struction, or designated use of any building on
which actu�l construction was lawfully begun prior
to �� -tive date of adoption or amendment of
�' hi . �:: �� _ �� .. ,� and upon which actual building con-
st;: ��r.t ' ��:: !:- � ;een diligently carried on. Actual
consi � c�..: � � _ 5 hereby defined to include the placing
of consc�_ ~ '���n materials in permanent position and
fastened in a permar�nt manner; except �:hat where
2 .
�5���
demolition or removal of an existing building has
been substantially begun preparatory to rebuilding,
such demolition or remova3. shall be deemed to be
actual construction, provided that work shall be
diligently carried on until completion of the
building involved.
Section 2 .
That Section 62 .108 of the Legislative Code is amended as
follows: �
62 .108 SITE PLAN REVIEW (ALL DISTRICTS)
a. A site plan shall be st��Fnitted to the -Planning Com-
mission for review and approval for the following
uses:
(1) Principal Uses Permitted Subject to Special
Conditions in all districts.
(2) Any other use or development for which the
submission of a site plan is required by any
provision of this Ordinance.
(3) Any development, except one-family and two-
family residential, but including townhouses,
for which off-street parking areas are pro-
vided as required in Section 62 .103 Parking
Requirements.
(4) Any industrial use in an I-1, I-2, or I-3 Dis+-.r���t.
abutting a Residence District.
(5) Any use which abuts to a major thoroughfar. .
(6) All residentially related uses permitted in
�ne-f�mily districts siich as, but not limited
�o: churches, schools, and public facilities.
(7) Earth-sheltered structures.
3.
�75'����
b. Every site plan submitted to the Planning Commission,
in accordance with the requirements of this Ordinance
shall contain such information and be in such form as
the Planning Commission may prescribe in .its rules.
Said rules may provide for a delegation of authority
to the Planning Coordinator of the City of St. Paul
of all powers and duties granted to the Planning
Commission under SECTION 62.108, and such rules will
be filed with the Office of the City Clerk. No site
plan shall be approved until same has been reviewed
for compliance with the standards of all applicable
ordinances of the City of Saint Paul.
c. In reviewing the site p��a�, the Planning C�,�rmmission
shall consider: ''"' �
(1) The location and design of driveways providing
vehicular ingress to and egress fr_om the site,
in relation to streets giving access to the
site, and in relation to pedestrian traffic.
(2) The traffic circulation features within the
site and location of automobile parking areas,
and may make such requirements with respect to
any matters as will assure:
(a) Safety and convenience of both vehicular
and pedestriari traffic both within the
site and in relation to access streets .
(b) Satisfactory �:Td harmonious relations
between the c�?,-,� � � :•� , �nt :,z� the sl�_te an�
the existir.c; t-�i-�>� >��c�t.�:��e �eT-Q1'.opme;, ?.
of abuttinc� � ;. a�:,c"� ��d i:�c:ei�:. n�i ghi��x:h��:�d�; .
(3) The arrange���F�:� . c� u. �;�1~:gs, i�ses and facil:ii..ie:�
of the proposed development in orc�er to assure
abutting property and/or its occ�apants will not
be unreasonably affected.
4.
�����
(4) The Planning Commission may further require
landscaping, fences, and walls in pursuance
of these objectives and same shall be provided
and maintained as a condition of the establish-
ment and the continued maintenance of any use
to which they are appurtenant.
(5) In approving the site plan, the Planning Com-
mission may require marginal access drives
� where such marginal access drives are necessary
for safety.
d. In reviewing the site plan for earth-sheltered struc-
tures, the Planning Com�ssion shal� consider
(1) Type and location of landscaping to insure
maximum compatibility with adjacent above
grade housing.
(2) Proper safeguards for erosion control including,
but not imited to, andscaping and see ing to
topsoil. Slope and b uff ocations s ould be
eva uate for their abi ity to withstand crum-
bling or sagging.
(3) Proof of �oil conditions which would not cause
, damage to adjacent uses.
(4) Proper drainage systems to handle stormwater
run-off.
(�?__ n^ ��imu ;setback� c _ " -,� (4) feet shall be
_ ..._..._T.. . �._ _._.... _ . .
_ �.���I,.t�' ... . . . .
5.
WMITE - CITY CLtHK . � � I�
PINK - FINANCE � �� j��
CANARY - DEPARTMENT G I TY OF SA I NT PA�UL COUflCll � �w �� � ����,r
BLI�E , , . MAYOR
File N 0.
Ordin�nce Ordinance N0.
Presented By
ReferFed To Committee: Date
Out of Committee By Date
Section 3.
This Ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication.
6.
COUI�tCILMEN Requested by Department of:
Yeas Nays
F'unt
Levine
Maddox In Favor
McMahon
Showalter A gai n s t BY
Tedesco
wison
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary By
BY .
Approved by Mayor: Date Approved by Mayor foc Submission to Council
By By
�/
, �
lst �— j�1 .� � 2nd f�' — / — �� �
i
3rd �jl -- �-/— ��v Adopted
. Yeas Nays
HUNT �.
_ +
LEVINE ���2�
' McMAHON '
- � ; --� � �
'' �� a;
SHOWALTER
- TEDESCO
WILSOPl
PRESIDENT (MADDOX) �
t
�
�� _.
-: