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ORIGINAL
Council File # /����
Ordinance #
�/aGvL
Green Sheet #
/ ORDINANCE
SAINT PAUL, MINNESOTA
Presented
Referred To
3!
Committee: Date
An ardinance amending Chapters 60 and 64 of the Saint Paul Legislative Code
pertaining to Zoning.
The Council of the City of Saint Paul does ordain:
Section 1
That section 60.201 A. of the Saint Paul Legislafive Code be and is hereby amended so as to read as
follows:
Sec. 60.201. A.
Adult massage �ente� pu�Tii�: A massage �f g�rSor which restricts minors by reason of age, or
which provides the service of "massage," if such service is distinguished or characterized by an emphasis
on "specified sexual activities" ar"specified anatomical areas." No obscene work shall be allowed.
Section 2
That sec6on 60.512. (3) of the Saint Paul Legislative Code be and is hereby
amended to read as follows:
Sec. 60.512. PrinciQal uses permitted.
(3) Professional offices such as, but not limited to, medical offices, including medical clinics and
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medical laboratories; riz�sag� ���f�g offices of engineers, azchitects and accountants;
auditing, bookkeeping, legal, duplicating service offices; and studios of artists.
Section 3
That section 60.572. (2) of the Saint Paul Legislative Code be and is hereby amended to read as foliows:
Sec. 60.572. Principal uses permitted.
(2) All principal uses pernutted in the B-2 Community Business District; provided, that they
meet the special conditions imposed in the B-2 District, and except the following:
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restaurants, �arry`::aut r�aiai'xz�fis�:�r fast'.:f�;i���i3fs �_ ,..,.,,_ ..,,.,.,... ..en,:.,,. c ,.., ,...
k�eve�ages; private clubs, fraternal organizations and lodge halls; theaters, assembly halls,
concert ha11s or similaz places of assembly, currency exchanges businesses.
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Section 4
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That section 60.612 of the Saint Paul Legislative Code be and is hereby amended to read as follows:
Sec. 60.612. Principal uses permitted.
In an I-i Industrial District the use of land, the location and erection of new buildings or structures
and the alteration, enlazgement and moving of e�sting buildings or shuctures from other locations or
districts shall conform to the following specified uses, unless otherwise provided in this code:
(1)
�2)
(3)
All principal uses as permitted and as regulated in the B-3 Business Disirict except family
day caze and group family day caze.
Any research use.
Warehousing and wholesale establishments, and trucking facilities.
(4) Where retail sales is not the primary function, the manufacture, compounding, processing,
packaging or treatment of such products as, but not limited to: bakery goods, candy,
cosmetics, phazmaceutical, toiletries, food products, hardwaze and cuUery; tool, die, gauge
and machine shops.
(5) The manufacture, compounding, assembling, or treatment of articles or merchandise from
previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth,
cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastic, precious or
semiprecious metals or stones, steel, sheehnetal (excluding the process of stamping large
items such as automobile fenders or bodies), shell, textiles, tobacco, waac, wire, wood
(excluding saw and planing mills) and yarns.
(6)
��)
(
(9)
The manufacture of pottery and figurines or other similar ceramic products using only
previously pulverized clay, and kilns fired only by electricity or gas.
The manufacture of musical instruuients, toys, novelties, and metal or rubber stamps, or
other molded rubber products.
The manufacture or assembly of electrical appliances, electronic instriunents and devices,
radios and phonographs.
The manufacture and repair of electrical or neon signs, light sheet metal products, including
heating and ventilating equipment, cornices, eaves and the like.
(10) Laboratories canying on experimental and testing processes.
(11) Electric and gas service building and yazds. Public utility buildings, telephone exchange
buildings, electrical transformer staUons and substations, and gas regulator stations. Water
supply plants. Railroad and ternunal freight faciliries, transfer and storage tracks.
(12) Lumber yazds.
(13) Storage of contractor's equipment and supplies.
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(14) Automobile service stations, auto repair stations and auto body shops.
(15) Municipal public works yazds and facilities.
(16) Crreenhouses, industrial.
(17) Trade or industrial schools.
(18) Recycling processing center; provided, that:
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a. All processing activities aze conducted within a wholly enclosed building;
b. Outdoor storage of materials aze withiu covered containers or behind an opaque
visual screen meeting the requirements of section 62.107 on three (3) sides. Such
outdoor storage is located at least three hundred (300) feet from any residential
district; and
c.
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There is no outdoor open burning on the site; and
All types of processing aze allowed except heat reduction that would othercvise be
permitted in I-2 districts.
(19) Rental storage facilities.
(20) Taxi companies, both dispatching offices and storage.
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(22) Recycling collection center; provided that:
a.
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Outdoor storage of material is permitted under the same requirements of section
60.612(18)(b); and
The facility shall be free of litter and any other undesirable materials and cleaned of
loose debris on a daily basis.
(23) Cellulaz telephone antennas, including necessary equipment buildings and supporting poles or
towers, subject to the following conditions:
a. The supporting pole or tower, if any, shall not exceed one hundred fifty (150) feet in
height and shall be located on a continuous parcel having a d'unension equal to the
height of the pole or tower measured between the base of the pole or tower located
nearest the properry line and said property line, unless a qualified shuchxral engineer
shall specify in writing that the collapse of the pole or tower will occur within a
lesser distance under a11 foreseeable circumstances.
b. The proposed installation shall meet all requirements as outlined under section
62.108, site plan.
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���� ��:� szztii�ar;�:� �€b��e uses ��:e #�end�;A t�f �he �a� ��:'
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(-�4-}���� Accessory buildings, stnxctures and uses as defined in section 60.201.
Section 5
q.�- �s-j
That secfion 60.803. (5) of the Saint Paul Legislative Code be and is hereby amended to read as follows:
Sec. 60.803. Designation of Commercial Parldng District Overlay.
(5) At the conclusion of the public hearing, the council may by resolution establish the overlay
parking district. The resolution shall contain the following:
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Identify the district boundaries and the legal descripfions of the properties included
therein.
Set forth the facts and conclusions which justify the need for the overlay district.
Incorporate some or all of the recommendations submitted by the businesses, which
may be accomplished in accordance with the existing provisions of state or local law.
d. Set forth any special conditions and restrictions which shall be applicable to a11
commercial and business uses within the overlay pazking district which are enacted
for the purpose of alleviating the parking problems for the commercial and business
uses, and the adjacent residential properties. In addition to any special conditions and
restrictions, the e�u[�i3.>rrt�,prtifsiei�;:Y1�af;utf�€� i�r; �1 i�f t�i� following conditions sl�
be applicable in e� �zi overlay pazking districts:
1. All existing parking facilities serving commercial and business uses within the
overlay pazking district shall be improved so as to maYimdze the number of
off-street parking spaces that may be provided thereon and sha11 also provide
appropriate landscaping buffers. Parking facilities in eacistence as of November
23, 1993, shall be brought into compliance with this requirement within five
(5) years after the establishxnent of the overlay parking district.
2. The five-space parking exemption in section 62.103(d) for change of uses in a
structure shall not apply within the overlay parking district, except that
requests for vaziances may be made.
3. The banking of pazking spaces in section 62.103(i) for expansions of legally
nonconforming parking for businesses shall not apply within the overlay
parking district, except that requests for vaziances may be made.
The city clerk shall fde a certified copy of the resolution with the office of county recorder.
Section 6
That sections 64.100 and 64.101 of the Saint Paul Legislative Code be and is hereby amended to read as
follows:
Sec. 64.100. Enforcement.
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9S�SS7
, The �z�i�ae d�ee� of the � building inspection and design se�t[c�zt �
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of . q��;xj��x�, ���� ��1�n���i�ta� p'r���Z�s� shall enforce tlus
code and is hereby designated the zoning adwimstrator a� � ba�dS�€� �3�ial.
Sec. 64.101. Dufies of tiie zoning administrator.
(a) The zoning admiuistrator shall enforce the provisions of this zoning code and any amendment
thereto and shall have the power to certify zoning compliance and to make inspections of buildings or
premises necessary to �tir�� this code. It shall be unlawful for
the zoning adtninistrator to approve any site plans, as required in section 64.102, or issue any penroits for
any excavation or construction until �eete� such plans �a�t��l7ee�zat�e��e� in detail and found
fi�iex� to conform with this code.
(b) The zoning administrator sha11 deteiYnine whether lots, structures, or uses aze legally
nonconforming by consulting building records, city directories and other pertinent evidence for the
purpose of canying out the provisions of section 62.102.
(c) The zoning administrator shall have no authority to change or to grant variances from the terms
of this code in carrying out Yt�e i�is duties p� as-a zoning administrator.
(d) Upon proper application, and a finding of compliance with the terms of tivs code by the zoning
administrator, the zoning administrator shall issue the permit applied far.
(e) Reserved.
Section 7
That section 64.202. of the Saint Paul Legislative Code be and is hereby amended to read as follows:
Sec. 64.202. Meetings.
All meetings of the boazd of zoning appeals shall be held at the ca11 of the ��Z�,i��ei€�� �
and at such times as such board may deternune. All meetings conducted by the board shall be subject to
a11 applicable open meeting laws and ordinances. The secretary, or his representatives, sha11 keep minutes
of its proceedings showing the vote of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall also keep records of its heazings and other official action. Four (4) members
of the boazd sha11 consritute a quorum for the conduct of its business; provided, that no action may be
taken unless at least four (4) members vote in favor of such action. The board sha11 have the power to
administer oaths and, upon order of the district court, to issue subpoenas, require the attendance of
witnesses, compel testimony and the production of books, papers, files and other evidence pertinent to the
matters before it.
Section 8
That section 64.204 of the Saint Paul Legislative Code be and is hereby amended to read a follows:
Sec. 64.204. Administrative appeals.
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(a) The boazd of zoning appeals shall haue the power to hear and decide appeals where it� 11��
by the appellant that there is an enor in any order, requirement, permit, decision or refusal made by the
zoning administrator in carrying out or enforcing any provision of the code.
(bc) An appeal may be talcen by any person, firm or corporation, or by any officer, department,
..
oar or bureau affected by a decision of the zoning adininistrator c��:_. �; tii� t� ";ial within thirty (30)
days after the decision appealed from shall have been served either in person or by mail upon the owner
of the property which is the subject matter of the decision rendered by the zoning aduiiuistrator az
E�€tild�ii�;t��ci�. Appeals shall be filed with the zoning administratoz specifying the grounds thereof. The
zoning admiiustrator shall forthwith transmit to the board all of the papers constituting the record upon
which the action appealed from was taken. An a.duiinistrative appeal shall stay all proceedings, including
criminal proceedings, in fiu1herance of the action appealed from unless the zoning administrator �ir
1�zi,i�;t�i��ei��i,�iJ certifies to the boazd, after notice of appeal has been filed, that by reason of facts stated
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in the certificate a stay would, � ' '' , cause imminent peril to life or property, in which case the
proceedings shall not be stayed otherwise than by a restraiuing order granted by a court of competent
jurisdiction.
(e-�) A fee to be established by resolution of the council shall be paid by the appellant at the time
the notice of appeal is filed. The resolution may provide for waiver or refund of such fee under specific
circuxnstances.
Section 9
That section 64.207 of the Saint Paul Legislative Code be and is hereby amended to read as follows:
Sec. 64.207. Orders.
In exercising the above powers, the city council or the boazd of �a� appeals may reverse or
affirm, wholly or partly, or may modify the ardexs, requirements, decision or determination appealed from
and may make such order, requirement, decision or determination as ought to be made. To that end, the
boazd of zoning appeals shall have all the powers of the zoning administrator �1.�Iig:il�u€l� ���isi,
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and the city council shall have all the powers of either the 1�i��r� ;r�� zoning �pp��s e� or the
plamiing commission. All final decisions, orders, requirements or deternunations by the board of zoning
appeals and/ar city council shall be in the form of a written resolurion. The city council shall serve a copy
of the resolution upon the appellant and/or the owner of the affected properiy, zoning administrator,
planning commission and board of zoning appeals by mail or personal service. The board of zoning
appeals shall serve a copy of the resolution upon the appellant and/or owner of the affected property, the
zoning administrator and the planning commission. Decisions of the city council on all matters within its
jurisdiction sha11 be final subject only to judicial review by a court of competent jurisdiction.
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Section 10
This ordinance shall take effect and be in force flurty days from and after its passage, approval and
publication.
�nai reucn
JUL -11995
Requested by Department of:
Adopted by Council: Date
Adopti n Certified by Cou
By:
Approved by M y� •� I7ate
i �
BY � / ��f�f��� �i����
Secretary
Plannin & Econo 'c Develo ment
By: �
For� roved by City Attorney
\� iJ�wCiC�
By:
Approved y Mayor for Submission to
Council
BY:�a� �� �
�
� 9s s�� �
DEPARIMENT/OFFICE/COUNCIL DATEINITIATED GREEN SH N_ 31262
CANT E NE INITIAVDA INITIAlJOATE
DEPAHIMENTOIRECTOP CRYCOUNCIL
ASSIGN CITYATTORNEY �dTYCLEPK
NUYBERPOR
MU END t pp�� BUIX3Ef �IRECTOR � FIN._ & MGT SERVICES Dlfl.
ONDEIt AYOR (OR ASSISTANT) �D�
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
AGfION REQUESTED:
Adopt April Minor Zoning Amendments
RECOMMENDA7i0NS: Approve (A) or Heject (a) pERSONAL SERVICE CONTRACTS MUS7 ANSWER THE FOLLOWING �UESTIONS:
Y PLANNING COMMISSION _ CIVIL SFAVICE COMMISSION �� Has this persoNfirm ever worked under a comrect for ihis departmeM? -
�CIB COMMITiEE _ �'ES NO
y �� 2. Has this person/firm ever been a city employee?
— — o VES NO
_ OfSTRICT COURT _ 3. Does this personitirm possess a ski11 not nortnall
y possesseb by any curreM ciry empiqree?
SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO
Explafn ell yes answers on separate sheet and attech to grean sheet
INITIATING PflOBLEM, ISSUE, OPP�XTUNIN (Who. Wha1, When, Where, Why): �j
aa
Needed minor zoning amendments are delayed if done only periodically. mr AY Qa ���
fn
�`���`� Ok�r$��
ADVANTAGES IF APPROVED: '
Zoning code will be kept up to date.
��� �
MAY 08 1�g�
DI6ADVANTAGE9�FAPPROVED: �' � ' M
None. , �V�'°C� ��'���v�S �r�'�,a��.�i
���Y � `? 1395
DISADVANTAGESIFNOTAPPROVED:
Needed amendments could face �onq ae�ay. MAY O� 1JJ5
4� 1 I ���� ��
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUNDING SOURCE NCTIVITY NUMBEH
FINANCIAL INFOflMATION: (EXPLAIN)
9 's"���
CTI'Y OF SAINT PAUL 390 Crty Ha11 Telephone: 672-266-8510
No�m Colem¢n, Mayor IS West Kellogg Bwlev¢,d F¢csimile: 612-228-8513
Saini Paul, MN 55102
May 8, 1995
Council President David Thune and
Members of the City Council
3rd Floor City Hall
Saint Paul, Minnesota 55102
Dear President Thune and members of the City Council:
Beginning in 1982, the Planning Commission periodically considered and recommended
to the City Council a series of minor zoning amendments contained in 40-acre studies
called Zoning Amendments I, II, etc. There have been eight of them. The zoning
aznendments made changes needed to bring the code up to date with new living or
business practices, cazry-out newly adopted plans, clarify regulations, correct enars,
and incorporate zoning administrator interpretations and Planning Commission findings.
Since these 40-acre studies were done only periodically, needed zoning amendments
were delayed until staff, the Commission, and City Council had the time to work on
them. In order to avoid such delays and to keep the code as current as possible, the
Commission will consider and recommend to the City Council several minor zoning
amendments each month.
The fourth Minar Zoning Amendments recommendation is attached. They concern
adult massage pazlors and massage centers, restaurants in B-2C districts, tire retreading,
commercial parking overlay districts, and transfer of fixnctions to the Boazd of Zoning
Appeals. The Zoning Committee of the Planning Commission held a public heazing on
the proposed amendments on April 20, 1995. The Commission recommended their
approval on April 28, 1995, as set forth in the attached resolution.
I am pleased to transmit these amendments to you for your review and approval.
incerely,
No� Col ��
Mayor