96-77LL
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Presented By
Referred To
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Committee:_ Date
An ordinance amending Sections 60.202, 60.532, 60.612 and 60.624, 62.106, 62.108, 64.100,
64.205 and 64.206, and 64.300 of the Saint Paul Legislative code Pertaining to Zoning.
The Council of the City does ordain:
Ordinance #
Council File # ��a
Green Sheet # J J �� 7
ORDlNANCE
�l�l� PALlL, MIN�IESOTA___�__--_�_.��_ a
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Section 1
That Section 60.202.B. of the Saint Paul Legislative Code is hereby amended to add and amend the
following defmitions:
Sec. 60.202. B.
Building height. The vertical distance measured from the established grade to the highest point of the roof
stuface for flat �:° to the deck line of mansard roofs; and to the average height between eaves
and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may
be measured from the average ground level of the grade at the building wall.
Section 2
That Section 60.532 of the Saint Paul Legislative Code be and is hereby amended to read as
follows:
Sec. 60.532. Principal Uses Permitted.
In a B-2 Community $usiness District the use of land, the location and erection of new buildings or
structures, and the alterafion, enlargement and moving of existing buildings or structures from other
locations or districts shall conform to the following specified uses uniess otherwise provided in this code:
(1) All principal uses as permitted and as regulated in a B-1 District.
(2) All retail business, service establishments or processing uses as follows:
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a. Any retail business whose principal activity is the sale of inerchandise in an enclosed building.
b. Any service establishment of a veterinary clinic, an office, showroom or workshop nature of a
contractor (including, but not limited to, plumbing, heating, air conditioning, electrical,
mechanical), decorator, dressmaker, tailor, baker, painter, upholsterer, or an establishment doing
�ad�o- er- kome aggliance_.repair, ghotocopXing, and similar service establisl�ments.
c. Private clubs, fratemal organi7ations, liquor licensed establishxnents and lodge halls.
d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center or
planned shopping center and which do not provide drive-through window service.
e. Theaters, assembly ha11s, auction halls, bingo halls, concert halls, reception halls or sunilar
places of assembly when conducted completely within enclosed buildings.
£$usiness schools, nonacademic colleges or trade schools operated for profit.
g. Colleges, universities, and seminaries, and other such institutions of higher learning, public and
private, offering courses in general, technical, or religious education and not operated for profit;
provided, that:
1. Dormitories or other group student housing sha11 not be permitted within the district;
2. When an institution is established in the district, the institution shall be required to provide
the minimum number of off-street parking spaces for employees, staff, or students as set
forth in section 62.103(g). The institution sha11 be required to provide additional parking
spaces only when the minimum number of parking spaces will have to be increased due to
a more than ten (10) percent or three hundred (300) gain in the total number of employees,
staff or students, whichever is less. Thereafter, additional parking spaces will have to be
provided for each subsequent gain of more than ten (10) percent or three hundred (300) in
the total ttumber of employees, staff or students; and
3. To determine compliance with parking requirements in item 2, above, the institution must
file an annual report with the planning administrator stating the number of employees, staff
and students associated with the institution.
h. Mail order houses.
i. Health/sport clubs, conversation/rap parlors, massage parlors and steam room/bathhouse
facilities which are not adult uses.
j. Food catering establishments.
k. Public, parochial and other private elementary, junior high or high schools offering courses in
general education, and not operated for profit.
l.. Bze�v �; pr�uzs�s st��� as z�gulat�d �r� �tiiaz�e�ffta _St�te �a�vs:_
Recycling drop-off station; provided, that the faciliTy:
a. Sha11 not occupy an azea more than two hundred (200) squaze £eet and sha11 not interfere with
parking and maneuvering requirements of the principal use;
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94 b. Shall be screened pursuant to section 62.107 if it abuts a residential use or district;
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96 �� c. Shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian
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__,99__�j ___d_.Sha12_b�maintained free.of litter_and other undesirable mate_rials.___ �
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101 (4) Currency exchange business when located at least one hundred (100) feet from any residential lot
102 in a residential district or at least one hundred (100) feet from any residential lot occupied with a
103 one-, tcvo-, three-, four-, townhouse, or mul6ple-family dwelling, measured from the closest point
104 of the building in which the business is located to the closest residential property line.
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106 (5) Other uses similar to the above uses.
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108 (6) Accessory building, structures and uses as defined in section 60.201.
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111 Section 3
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113 That Sections 60.612(18) and 60.624(1) of the Saint Paul Legislative Code be and are hereby amended
114 to read as follows:
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116 Sec. 60.6I2,(18) Principal Uses Permitted.
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118 18 Rec clin rocessin center �-�-na°a *'�°*• '"` `
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. �r� �If �Zra��sstn� a�it��i'es �r� czit�i�iz� u�itliiti
119 a ��talty ���tz�s�ii b�aaldrng; �a��rv�deel thh�:
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123 a: � Outdoor storage of materials are within covered containers or behind an opaque visual screen
124 meeting the requirements of section 62.107 on three (3) sides, Such outdoar storage is located
125 at least three hundred (300) feet from any residential district; and
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127 ts_ E There is no outdoor open burning on the site; and
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129 �: d- All types of processing are allowed except heat reduction that would otherwise be permitted in
130 I-2 districts.
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132 Sec. 60.624.(1) Principal uses subject to special conditions.
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134 (1) Recycling processing center:iufier� €�r�:i� ��t�ri€�r jzr�c�ssirig, and motor veYucle salvage
li5 operation; provided, that such facilities conform to the foIlowing requirements:
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137 a. Outdoor processing, salvaging and storage of the materials and motor vehicles shall be no
138 closer than three hundred (300) feet to a property occupied with a one-, two-, three-, four- or
139 multiple-family dwelling or townhouse dwelling. The azea used for the outdoor processing,
140 salvaging and storage shall be behind an eight-foot-high obscuring wall, fence or landscaped
141 buffer. The plaiuiing commission may modify this requirement where a wall, fence or buffer
142 may interfere with the operation of the business;
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144 b. There shall be no outdoor open burning on the site. The use of cutting torches, furnaces and
145 other equipment which produce a flame shall not be construed to constihxte open burning; and
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146 c. There shall be no stacking of material above the height of the wall or fence, except that
147 materiai set back three hundred (300) feet from the neazest residential property Iine may be
148 stacked one (1) foot higher over the wall or fence up to a maximum of sixty (60) feet far every
149 five (5) feet the material is set back from the nearest residential properry line.
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153 That Section 62.106 of the Saint Paul Legislative Code be and is hereby amended to read as foIlows:
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155 Sec. 62.106. Accessory buildings.
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157 Accessory buildings, except as otherwise provided in this code, shall be subject to the following
158 regulations:
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160 (1) When the accessory building is structurally attached to a main building, it shall be subject to, and
161 must conforxn tq all regulafions of this code applicable to main buildings.
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163 (2) Accessory buildings, structures or uses shall not be erected in or established in a required yazd
164 except a rear yard.
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166 On corner lots, accessory buildings, structures or uses shall be set back from the street a distance
167 equal to that required of the principal structure.
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169 When an accessory building, structure or use is constructed in a rear yard which adjoins a side
170 yard or front yard, the accessory building, structure or use sha11 be set back from the interior lot
171 line a disfance equal to the minimum side yard required in the district in which located.
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173 On all other lots, accessory buildings shall be set back at least three (3) feet from all interior lot
174 lines, and overhangs shall be set back at Ieast two (2) feet from all interior lot Iines.
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176 This setback requirement �� *�.,�-�� from all interior lot lines f�x:a�c€��sc�Xy bii�eTzis�s<zii; zeaz
177 yard� shall be waived when a maintenance easement is recorded on the deeds of alI affected
178 properties, when proof of such recorded easement is provided at the time of application for a
179 building permit and when the accessory building is located at least three (3) feet from any
180 buiIding on an adjoining lot. The recording of the maintenance easement shaIl be interpreted to
181 mean that the following intents and purposes of this setback requirement are met:
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183 a. Adequafe supply of sunlight and air to adjacenf property;
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185 b. Sufficient space for maintenance of the building from the same lot; and
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187 c. Prevention of damage to adjoining properry by fue or runoff from roofs.
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189 A recorded common waII agreement is permitted in lieu of a maintenance easement if the
190 accessory structure is attached to an accessory structure on an adjoining lot.
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192 (3) n�����-•�'����'a��rt� �� Tiz:any residential area, ,
193 ',�c��ssai� _�i?iiit��s� shall not exceed one story and €exr•tee�
194 ��e� (I�� feet in height; provided, however, that a�c�ss�a� b€ii��ta�z�s �it�a a�a€ ar s�d xi�af
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195 s€yte �I�tt not �x� �etv� (�Z� ��i � i�ei�t�i .
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On zoning lots containing one- and two-family dwellings, accessory buildings shall not occupy
more than one thousand (1,000) squaze feet of the zoning lot. On zoning lots containing a11 other
uses, accessory buildings may occupy the same percent of the zoning lot as main buildings are
allowed to occupy, as specified in tables in sections 61.101, 61103, 61.104 and 61.105.
In those instances where the rear lot line or a side lot line is coterminous with the a11ey right-of-
way, the accessory building shall not be closer than one foot to such rear lot lines.
On through lots, where frontage is clearly established within a given block, rear yard setbacks
shall be equal to the side yard setback of the district in which located.
Accessory buildings shall be located at least six (6) feet from the principal structure or shall be
considered attached for purposes of the zoning code.
Section 5
227 That Section 62.108 of the Saint Pau1 Legislative Code be and is hereby amended to read as follows:
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229 Sec. 62.108. Site Plan Review (all districts).
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231 (a) Plan to be submitted. A site plan sha11 be submitted to and approved by the planning commission
232 before a permit is issued for grading or the erection or enlargement of gross floor area for any
233 development except one- and two-family dwellings, but including the following:
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235 (1) Any development of one- and two-famiIy residences which together exceed two (2) acres (87,120
236 square feet) in azea.
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238 (2) In the "T" Tree Preservation District, any development of one- and two-family residences over
239 one (1) acre (43,560 squaze feet) in area.
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241 (3) All residentially related uses in one-family districts, such as, but not limited to, churches, schools
242 and public facilities.
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244 (4) Any industrial use in an I-1, I-2, I-3 or RCI-1 District abutting a residential district.
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246 (5) Outdoor storage in industrial districts.
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248 (6) Any use which abuts to a major thoroughfare.
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Accessory buildings on a zoning lot may occupy up to thirty-five (35) percent of the reaz yazd.
Reaz yazds which adjoin alleys may include l�alf the azea of the alley to calculate the area of the
rear yard which may be occupied by accessory buildings.
250 (7) Any development on a slope of twelve (12) percent or greater. ��"' `+ �( ���
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252 -___j8) Any development in the River Corridor Critical Area or in the Floodplain District except one-
253 __- _ and two-family dwellings which do not affect slopes of twelve (12) percent or greater.
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_ 255 --(9) All off=street parking facilities except as noted in section 62.103(b).
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Any other use or development for wluch the submission of a site plan is required by any
provision of this code.
Earth-sheltered structures.
Detached, freestanding facilities constructed on parking facilities, including, but not restricted
to, kiosks, fotomats, banks and similaz uses.
Any filling, excavation or tree removal that disturbs an azea greater than ten thousand (10,000)
square feet except the constnxction, installation or maintenance of public roads and public and
private utilities.
269 (b) Site plan application:
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271 (1) Applications for site plan approval sha11 be made to the planning commission in such form as the
272 commission may prescribe in its rules.
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274 (2) Said rules may provide for a delegation of authority to the �2t�n�n� administratar of the
275 City of Saint Paul of all powers and duties granted to the plamiing commission under this section,
276 and such rules will be filed with the office of the city clerk.
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278 (3) Application for site plan approval shall include eleverr{�l-) iazu�?;��� sets of plans with sufficient
279 detail to demonstrate that the plan complies with the provisions of flus code.
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281 (4) For parking facilities, the city traffic engineer or �g 2oti�� administrator may require
282 submission of a traffic impact analysis as part of the site plan application. Such an analysis sha11
283 include, but not be limited to, the following elements: trip generation, directional distribution,
284 traffic assignment and capacity analysis.
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286 (5) Alley access; notice. Where a site plan application review has been delegated to the �g
287 ��itxai�g administrator and notification to adjacent properiy owners is required in section 62104(9),
288 a notice shall be sent at least ten (10) days prior to a site plan review meeting by ci2y staff to the
289 applicant and owners of record of property located within three hundred fifty (350) feet of the
290 proposed alley access. Nofice sha11 be delivered either personally or by mail at the address of the
291 owner contained in the records of the Ramsey County Department of Property T�ation.
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293 (c) Site plan review and approval. In arder to approve the site plan, the planning commission shall
294 consider and find that the site plan is consistent with:
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296 (1) The city's adopted comprehensive plan and development or project plans for sub-areas of the city.
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298 (2) Applicable ordinances of the City of Saint Paul.
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300 (3) Preservation of unique geologic, geographic or historically significant characteristics of to the city
301 and environmentally sensitive areas.
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Protection of adjacent and neighboring properties through reasonable provision for such matters
as surface water drainage, sound and sight buffers, preservation of views, light and air, and those
aspects of design which may have substantial effects on neighboring land uses.
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.
Creation of energy-conserving design through landscaping and location, orientation and elevation
of structures.
(7) Safety and convenience of both vehiculaz and pedestrian traffic both withiu the site and in
relation to access streets, including traffic circulation features, the locations and design of
entrances and exits and pazking azeas within the site.
(8) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any
drainage problems in the area of the development.
(9) Sufficient landscaping, fences, walls and pazking necessary to meet the above objectives.
(10) Site accessibility in accardance with the provisions of the Americans with Disabilities Act
(ADA), including parking spaces, passenger loading zones and accessible routes.
(11) Provision for erosion and sediment control as specified in the "Ramsey Erosion Sediment and
Control Handbook."
(d) Compliance and time requirements. The planning commission may make such requirements with
respect to the above matters as to assure compliance with them. When changes aze required, the revised
site plan sha11 be submitted within six (6) months from the date the applicant was notified of required
changes. The ���€iiig administrator may grant extensions. The properiy must be brought into
compliance with the approved site plan within one year of the date of approval or as otherwise speciFied
by the zoning administrator.
(e) Review of earth-sheltered structures. In reviewitig the site plan for earth-sheltered structures, the
plazuung commission shall, in addition the above objectives, consider:
(1) Type and location of landscaping to ensure maximum compatibility with adjacent above-grade
housing.
(2) Proper safeguards for erosion control, including, but not limited to, landscaping and seeding to
topsoil. Slope and bluff locations should be evaluated for their ability to withstand crumbling or
sagging.
(3) Proof of soil conditions which would not cause damage to adjacent users.
(4) Proper drainage systems to handle stormwater runoff.
(5) Minimum setbacks of four (4) feet shall be required for a11 below-grade construction. Above-
grade portions shall meet setback requirements of the district in which located.
( fl Review of outdoor storage near residential districts and uses. In reviewing the site plan for outdoor
storage in industrial districts, the �g �i�tjit�g administrator may permit outdoor storage to be within
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three hundred (300) feet of a residential district or of a property occupied by a one-, two-, three-, four-,
townhouse or multifamily dwelling; provided, that: 5.
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_(I_} A visual screen, a m;nimum of six (6) feet in height, is placed between the outdoor storage and
�_: such residential district or use;
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A--�2j-- '��ie=� ��sa�tg ac�cumts9�ator iras coiisirierecPtlie location and 3esign of the outcloor storage
�. ,.' area and visual screen in relation to any plans or guidelines approved by the city council and in
^,'� relation to the design character and building materials of adjacent residential areas:
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*-..-(3) The �g �€��,g administrator has notified by mail the property owners within three hundred
fifiy (350) feet of the outdoor storage azea at least ten (10) days befare the administrator is to
approve the site plan and has considered the property owners' comments; and
(g) Security agr�eement. Before the site plan is approved, the applicant shall file a performance bond
equal to the estimated cost, as deterxnined by the � zri�irig administrator, to install required
landscaping, paving, screening, erosion and sediment control or items required by specaal condition. Such
performance bond shall be secured and filed with the �g ��i�ir�� administrator within three (3)
months from the date the applicant was notified of the intent to approve the site plan. The �g
zc�zziAg administrator may grant an extension.
Upon completion of the bonded work items, the owner shall apply to the �g z;�tizi�
administratoz for final inspection. If the �g �i�ffiiig administrator finds that all installations meet the
requirements of approved pians and specifications, the security agreement shall be released. However, a
security agreement for landscaping shall be effective and held for one year after completion of the work in
order to ensure that such landscaping will survive. If improvements are not completed as proposed within
the established time limit, the city may proceed to require performance by the surety, or complete such
installation by contract ar force account and seek reimbursement of its costs from the securiYy agreement.
The �g �ti�ui� administrator shall have the right to accept a cash escrow or irrevocable letter of
credit in lieu of a bond in an amount and under such circumstances as the �g zaa�ixag administrator
shall determine appropriate.
If seasonal weather conditions or phasing of construction present practical difficulties in the
installation or completion of landscaping, paving, screening or any required item, the completion may be
delayed for not more than six (6) months by the ��ir�in� administrator. The extension of time
sha11 be granted in writing.
(h) Certificate of occupancy. Certificate of occupancy shall not be issued until ali items required for
site pian approval aze completed or an agreement has been made under paragraph (fj above.
When a site plan is required by this code, a certificate of occupancy shall be renewed only if the use
is in conformance with that site plan and all conditions of this code.
Section 6
That Section 64.1OQ of the Saint Paul Legislaiive Code be and is hereby amended to read as follows:
Sec. 64.100. Enforcement.
qo��y ac.-`��
The m°^^��- �o+'�° w..: • �-a a• " �t�� qf��� of the o�ce of license
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inspections and environmental protection shall enforce this code and is hereby designated the zoning
administrator .
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Section 7
That Sections 64.205 and 64.206 of the Saint Paui Legislative Code be and are hereby amended to
read as follows:
Sec. 64.205 Decision by the board of zoning appeals.
(a) The board of zoning appeals shall conduct a hearing on the appeal or vaziance application within
thirry (30) days after the appeal or application has been filed with the zoning administrator, and shali give
due notice thereof to the parties as defined in section 64.208, and shall render a decision on the appeal or
application without unreasonable delay. Decisions of the board of zoning appeals shall be final subject to
later appeal to the city council.
(b) Any person may appear and testify at the hearing, either in person or by duly authorized agent ar
attorney.
(c) All of the papers constituting the record upon which the application or the decision appealed from
was taken, including, but not limited to, the action of the board of zoning appeals and the findings of fact,
shall be retained in the pexmanent files of the ', q£��� af°1ic�rise;
iii���tiars; �id �ri�rQ�neii2� grc�t�ctiiin.
(d) After reaching a decision in acwrdance with this section, the board of zoning appeals shall prepaze
a written report, including, but not limited to, findings of fact and the action of the board, which report
will be filed with the ^��-�� r�f��G� o� 1te�sJ��; ���p��j�si�; ati� znYtrq�n�n�t1 g�te�Y�c��
undue delay. �
(e) A copy of administrative appeals concerning the River Corridar Districts shall be submitted to the
commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten
(10) days' notice of the boazd's hearing. A cop� of all decisions granting administrative appeals shall be
forwarded to the commissioner of natural resources within ten (10) days of such action.
(fl Building permits shall not be issued after an adminish review has been filed. If permits have
been issued before an administrative review has been filed, then the permits aze suspended and
construction shall cease until the board of zoning appeais has made a determination of the administrative
appeal.
Sec. 64.206. Appeals to city council.
(a) The city councii shall have the power to hear and decide appeals where it is alleged by the
appellant that there is an error in any fact, procedure or finding made by the board of zoning appeals or
the planning commission. An appeal may be taken to the city council by any person, firm or corporation
or by any officer, department, board or bureau affected by a decision of the board or planning
commission. Such appeai shall be taken within fifteen (15) days after the decision appealed from shall
have been duly adopted by the board or commission and sha11 have been served either in person or by
mail upon the owner of the properiy which is the subject matter of the decision �-° F'�~T -- �`'� "�° ��~;~~
�e�-€ee. �gpeal5 �af ii�c�s�c��s,�� th� �� ��� �S� �1� �uit� t�� iif�`'� �� 1%c�m�, �sp��ion, `a��I
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460 (b) Building pertnits shall not be issued after an appeal has been filed �•��*'� *'�° ����--�- °°����� �� �'��
461 �k��s�eit. If pernuts have been issued before an appeal has been filed, then the pernuts are
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462.._suspended_aasd._co�e�iox=s�al?FE�-tu�� �re eiEy council has made a final deferinination of the appeal.
463
464 (c) The city council shall conduct a hearing on the appeal within thirty (30) days after the receipt by
465 the city council of the appeal from the action of the plamiing commission or the board of zoning appeals.
466 As required under section 64.208, the city council shali give due notice of the hearing to all interested
467 parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and
468 testify at the hearing either in person or by duly authorized agent ar attorney.
469
470 (d) A fee to be established by resolution of the city council shali be paid to the zoning section of the
471 planning division tiir � t��'t� i�f ��e��e, 1�s��tY4�, aiitl en�rc�i3�t�nta� �Ye�tii� by the appellant at the
472 time the notice of appeal is filed. Such resolution may provide for waiver or refund of such fee under
473 specific circumstances.
474
475
476 Section 8
477
478 That Section 64300 of the 5aint Paul Legislative Code be and is hereby amended to read as follows:
479
480 Sec. 64.300. Planning commission and planning air:�uii�g administrator approval.
481
482 (a) Application to planning commission. Any person having an ownership or leasehold interest in land
483 and/or building (contingent included) is eligible to file an application with the planning commission for a
484 special condition use permit, site plan approval, determination of similar use, nonconforming use permit,
485 or other matters provided for in this zoning code. All applications sha11 be filed on appropriate forms and
486 with requisite fees.
487
488 (b) Planning commission review; delegation to administrator. The planning commission sha11 review
489 and approve all principal uses permitted subject to special conditions, site plans, determinations of similaz
490 use, and other matters and cases as may by law be provided. The planning commission shall have the
491 authority to modify or revoke any special condition use permit, nonconforming use permit, change in
492 nonconforming use pernut or sign variance. The planning commission may, by rule, delegate to the
493 planning t�r �ti� administrator its power to review and approve all such matters and cases; provided,
494 however, that the planning commission shall not delegate its power to modify or revoke any
495 nonconforming use permit, any change in nonconfornung use permit, any sign vaziance or special
496 condition use permit or modify special conditions imposed upon any principal uses permitted subject to
497 such special conditions.
498
499 The applicant sha11 present the applicarion, a site plan meeting requirements of section 64102, and
500 other information as required to substantiate lus or her case.
501
502 (c) Review procedures; hearing and notices required. The planning comxnission, or fh� planning ar
503 7iiaii�� administrator where delegated, shall investigate the circumstances of each such case before
504 granfing an approval of modification of, ar revocation of, a permit ar sign variance. When authority has
505 not been delegated to the planning �ir:�aaiiiig administrator, the plaiuiing commission shall make no
506 decision until after a public hearing has been conducted by the planning commission or the zoning
507 committee of the planning commission. The planning commission or zoning committee shall send notice
�
ilQ�i� `l6-'1`l
508 of the tnne and place of any hearing to all parties who may, in its op�on, be affected by its decision,
509 which shall in all cases include all owners of record of property within three hundred fifry (350) feet of
510 the premises in question. Such nofices shall be delivered personally or by mail addressed to the respective
511 owners at the address given in the most current Ramsey County property taxation records.
512
513 (d) Conditional use permit; general standards. Before the plam�ing commission may grant approval of
___,-- -
514 a pruicipal use_s.ub�ect to s}�ecial_coaditie�s,-�ie so�assion sl�atl" fmd -
-" 515 ,_
516 :��(-Y) The ea location and intensity of the use will be in substantial compliance with the Saint Pau1
517 ` Comprehensive Plan and any applicable subazea plans which were approved by the city council.
518 � _:
519 �__�2) The use will provide adequate ingress and egress to minimize traffic congestion in the public
520 � streets.
521 '----
522 �.�3) The use will not be detrimental to the existing character of the development in the immediate
523 neighborhood ar endanger the public health, safety and general welfare.
524
525 (4) The use will not impede the normal and arderly development and improvement of the
526 surrounding proper[y for uses permitted in the district.
527
528 (5) The use shall, in all other respects, conform to the applicable regulations of the district in which
529 it is located.
530
531 (e) Conditions. The planning commission or the planning su, �i�iiii7g administrator where delegated may
532 impose such reasonable conditions and limitations in granting an approvai as are determined to be
533 necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent properties.
534
535 (fl Modify special conditions. The ptanning commission, after public hearing, may modify any or all
536 special conditions, when strict application of such special conditions would unreasonably limit or prevent
537 otherwise lawful use of a piece of property oz an e�sting structure and would resuit in exceptional undue
538 hardship to the owner of such property or structure; provided, that such modification will not impair the
539 antent and purpose of such special condition and is consistent with health, morals and general welfare of
540 the community and is consistent with reasonable enjoyment of adjacent property. The requirements of
54] sections 61.100 through 61.105 and b2103 shall remain in force and effect and shall not be superseded or
542 waived by any such modification of a special condition.
543
544 (g) Similar use determination. When a specific use is not listed in a district the planning commission
545 shall determine if a use is similaz to other uses permitted in each district. The planning commission shall
546 make the following findings in determining one use is similar to another:
547
548 (1) That the use is similar in character to one or more of the principal uses permitted.
549
550 (2) That the traffic generated on such use is similar to one or more of the principal uses permitted.
551
552 (3) That the use is not first permitted in a less restrictive zoning district.
553
554 (4) That the use is consistent with the comprehensive plan.
555
556 (h) Void if not established,� revocation--conditional use permits, nonconforming use permits, change in
557 nonconforming use permits and sign variances:
558
p-1zt� � y �l � - `1'1
559 (1) Void if not established within required period. When a principal use subject to special conditions,
560 �' a nonconforming use, a change in nonconfornung use, a sign variance, a site plan, or other matter
561 �'` or case approved by the plamiing commission or city council has not been established within one
562 � (1) year after the daxe of granting thereof, then without further action by the plam�ing
563 -- commission, or the city councIl, the authorizafion for such approval sha11 be null and void. The
564 f T commission or the planuing administrator where delegated may grant an extension to establish. the .
-- —_- ----
565 � use for_a._period_.not ta_excee�one=�€ar: P�b3ie° �tearings and notices are not required when
566 �- e�ensions are granted.
567 *---�
568 (2) Conditions violated,� revocation. The zoning administrator shall notify the commission when a
569 development covered by a conditional use permit, nonconforming use pernut, change in
570 nonconforniing use permit, or sign variance is not in compliance with any of ihe conditions
571 imposed upon such use pernut. The commission may, at a public hearing, following notice to the
572 owner of subject properry and other adjacent property owners as specified in pazagraph (c), and
573 upon determination that the conditions nnposed by such approval are not being complied with,
574 revoke the authorization for such approval and require that such use be discontinued. The
575 commission, in lieu of revoking the permission, may impose additional conditions, modify
576 existing conditions, or delete conditions which are deemed by the commission to be unnecessary,
577 unreasonable ar impossible of compiiance.
578
579 (i) Permits issued/recorded. Upon approval of a principal use permitted subject to special conditions,
580 site plan, determination of similar use, or other matter or case by the planning commission or the planning
581 Q�'�t5ril� administrator �T�'�°�°�Q, the applicant shall be issued a permit; :t�r � 3�fe�:pf.�Zgzav��:iu
582 �i� �� s�f a sit�:�I�i; upon which all conditions or limitations imposed shall be recorded.
583
584 (j) Planning administrator's decision/appeal to commission. The grant or denial of approval by the
585 planning ci�_'�u�3i� administrator is subject to appeal to the planning commission by any person, firm or
586 corporation, or by any office, department, board or bureau affected by a decision of the planning cir
587 �sri€�g administrator witlun thirty (30) days after the decision appealed from shall have been served either
588 in person ar by mail upon the owner of the property which is the subject matter of the decision. The
589 planning commission shall conduct a hearing on the appeal within thirty (30) days of the receipt of the
590 appeal by the planning commission.
591
592 (k) Approval/denial of permit/appeal to city council. The grant or denial of approval or revocation of a
593 special condition use permit by the planning commission is subject to appeal to the city council in
594 accordance witki section 64.206.
595
596 (1) Fee schedule. A fee to be established by resolution of the city council shall be paid to the zoning
597 section of the planning division by all holders of special condition use permits which are subject to annual
598 review. Fees shall be paid by the permit holder at the time notice of the review is made to the permit
599 holder. Such resolution may provide for waiver or refund of such fee under specific circumstances.
600
601 (m) Special condition use permit; change requiring new permit. A change to a special condition use
602 requires a new permit when one of the following conditions occurs:
603
604 (1) A special condition use changes from one special condition use to another special condition use.
605
606 (2) The floor area of a special condifion use expands by fifty (50) percent or more. For a speclal
607 condition use existing on October 25, 1975, expansion is the sum of the floor area of all the
608 expansions since then. For a special condition use established after October 25, 1975, expansion
609 is the sum of the floor area of all the expansions since being established. Floor area does not
610 —•-�
611 `� .
612
613 . _f3)
614
615 � --
616 �(4)
_�.--637 ._ �__
618
619 (5)
620
621
622 (6)
623
624
include floor area which is accessory to a principal use and �vhi;h�do s riot'result in the t � r � �
expansion of a principal use.
The building containing a special condition use is torn down and a new building is constructed,
even if the new building contains the same or less floor area.
_ .. . -
-=----- -= -_-_
The principal nse of a s�ecia_1 condit�.ase e�atxds=onto an atiutfing Iot� such as a used caz lot
or a fast food restaurant building addifion expanding onto an abutting lot.
The number of residents in a community residential facility increases, or the number of rooming
units in a rooming or boardinghouse increases.
A college, university or seminary adds a school building or an off-street parking facility for its
exclusive use outside of its approved campus boundary.
625 (n) Change of special condition use permit/no new permit required. A change to a special condition
626 use does not require a new pernut but does require approval of a site plan when one of the following
627 conditions occurs:
628
629 (1)
630
631
632
633
634
635
636 (Z)
637
638
639 (3)
640
641
642 (4)
643
644
645 (5)
646
647
648
649
650
The floor area of a special condition use expands by less than fifty (50) percent. For a speciai
condition use existing on October 25, 1975, expansion is the sum of the floor area of a11 the
expansions since then. For a special condition use established after October 25, 1975, expansion
is the sum of the floor area of a11 the expansions since being established. Floor area does not
include floor azea which is accessory to a principal use and which does not result in the
expansion of a principal use.
An accessory use of a special condition use expands onto an abutting lot, such as a bowling
a11ey's off-street parking lot expanding onto an abutting lot.
Off-street parking spaces aze added in a parking lot, garage or ramp on the site of a special
condition use.
An accessory structure is added to the site, such as a building to stare salvaged motor vehicle
parts being constructed on the site of a motor vehicle salvage operation.
A college, university or seminary adds a school building or an off-street parking facility within its
approved campus boundary.
Section 9
651 This ordinance shall take effect and be in force thiriy days from and after its passage, approval, and
652 publication.
p. i�I � ��{ 9c.—�'?
ainsrreueR
MAR m 21996
Ey:
zapp�
By:
RequesCed by Department of:
By:
Adoption Certified by Council Secretary
Form Approved by City Attorney
FOX
TOTAL JP OF SIGNATURE PAGES
Adopt November Minor Zoning Amendments
� PlANNINGCOMMISSION _GMLSEFVICECAMMISSION
"�` CIB COMMITTEE � ��Y���� �
¢ STAFP _ �p�
__ DISTii1CTCOURT _
SUPPORTS WHICH CqUNCIL O&IECTNE?
INITIATING
� q `—�1�
GREEN SHEET N_ 33087
wmnwn� iHmnwa're
OEPAFTMENTDIRECfOfl �CfTYCOUNCII,
CT'ATI'ORNEY O�X'MQY �CT'CLERK
BUDGET DIflECTOR O FIN. 8 MGT. SERVICES DIR.
�,Y� �oA,���„�, m Ke,+� �
AlL LOCATIONS
J�.`i 44199&
PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS:
t. Has this person/Firm ever worKed urWer a contrect for this deparnnent?
YES NO
2. Has ihis personffhm ever been a cily emplqree?
YES NO
3. Does this person/Firm possess a skill not normally possessed by any current city employee?
VES NO
Explafn all yes enswers on aeparate aheet anE attach to green sheet
Needed minor zoning amendments aze delayed if done only periodically.
n>a�?n � : � �,
wU.«>- _" .._�� ��'
��i�f 1 � i': � s
Zoning Code will be kept up-to-date.
None.
Needed amendments could face long delay.
OF TRANSACTION S
�
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1 ,' �� : ,,,.
�EG 2 71995
,.�., � � �
, � E �. .
COS7/REVENUE BUDGETED (CIpCLE ONE) YES NO
�
FUNOING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
�,�-��
�- city of saint paui
planning commissia� resolution
__ _ -, -- -
__ _ -
�-
--
. -- -
-
. _
_-- ` -55-88 -
r
�te December 1, 1995
MINOI2 ZOiVING AMENDMENTS
NOVEMBER 1995
WHEREAS, the Saint Paul Planning Commission has determined that considering and
recommending monthly zoning amendments to the Mayor and City Council is the most
desirable way to keep the zoning code as current as possible; and
WI-IEREAS, the Zoning Committee of the Saint Paul Planning Commission held a public
hearing on proposed minor zoning amendments concerning btew on premises stores in
community business zoning districts, recycling processing centers in heavy industrial zoning
districts, maintenance easements for accessory structures in rear yards, regulation of garage
heights, and update zoning code language to reflect new staffmg responsibilities, at its
November 20, 1995 meeting; and
WHEREAS, the Saint Paul Planning Commission has determined:
1. That the number of real estate descriptions affected by the amendments renders the
obtaining of written consent impracdcal;
2. That a survey of an azea in excess of 40 acres has been made;
3. That a determination has been made that the proposed amendments to the Zoning
Code are related to the overall needs of the community, to the existing land use, and
to plans for future land use; and
4. That pursuant to State Statutes proper notice of the hearing was given in the Saint
Paul Pioneer Press on October 27, November 3, and November 10, 1995.
NOW, THEREFORE, BE IT RFSOLVED, that the Saint Paul Planning Commission
recommends approval of the zonin° code amendments in the "Minor Zoning Amendments
NOVEMBER 1995" study pertaining to brew on premises stores in community business
zoning distracts, recycling processing centers in heavy industrial zoning districts, maintenance
easements for accessory structures in rear yards, regulation of garage heights, and update
zoning code language to reflect new staffing responsibilities, and directs the Pluming
Administrator to forward the study and this resolution to the Mayor and City Council for
their review and action.
moved by Morton
seconded by �.
in favor Unanimous
against
�
PLANNING COMMISSION OF SAINT PAUL
` City $all Conference Center
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
A meeting of the Planning Commission of the City of Saint Paul �vas he(d Friday, December 1, 1995,
at 8:30 a.m. in the Conference Center of City Hali.
Commissioners Mmes. Bader, Carter, Geisser, Maddox, Morton, Treichel and Wencl and
Present: Messrs. Chavez, Field 7r., Gordon, Kramer, Mardell, McDonell,
Schwichtenberg and Vaught.
Commissioners Mmes. *Fazicy, *Lund-7ohnson and Messrs. Gurney, *Lee and RiehIe.
Absent:
*Excused
Also Present: Peter Wamer, Assistant City Attorney; Ken Ford, Planning Administrator, 7ean
Birkholz, Kady Dadlez, and Allen Lovejoy of the Planning Staff.
I.
__-- _ _"iv
-_ ;���<<;
J4 � ` . ' - : _ L .
�_ .�,�- .
- - :.:-�.
�
Approvat of Minutes of November 17, I995
#95-232 Ma�Lou Trumble - Rezone the property from RT-1 and R-3 to R7
establish a triplex (1354 Birmingham St). District 2 voted to oppose this reu
#95-245 CP Rait Svstems - Special condition use pemiit to allow consiruction belo�v
the regulatory flood protzction elevation (1000 Shop Road - near existing Round
House along Pig's Eye Road; zoned I-2/RC-2). District 1 voted to support this permit.
Some discussion ensued reaardin� notifying the board of zoning appeals when an
amendment comes up which pertains to its interest. There was also discussion
concemin� the coincidental timing of the recycling amendment and the Alter
Corporation case.
2
zon:ng - - . -
November ]99S Minor Zonin� Amendments
�, �- � 7
MINOTES OF THE ZONII3� COMMITTEE
CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA flN NOVEMBER 20, 1995
PRESENT: Mmes. Faricy, MorCon and Wencl„_Me_s_Srs,_Chauaz,-.F4eid;= -
_. -
. .. -=-- =-- -
= -
_- --
`�� " andVaug�t�of the Zoning Committee; Mr. Warner, Assistant
City Attorney; Mmes. Dadlez, Peabody, and Sanders o£ the Planning
Division and Ms. Lane, LIEP.
ABSENT
Time: 4:40 - 5:10 p.m.
The meeting was chaired by Gladys Morton, Chairperson. '
November. 1995 Minor Zonincr Text Amendments
Kady Dadlez, Planning Division staff, reviewed the proposed zoning amendments
outlined in the staff report.
1. MAKE BREW ON PREMISES STORES PERMITTED BSES I23 8-2 ZONING DISTRICTS.
2. CLARIFY THAT RECYCLING PROCSSSTNG CSNTERS ARE PERMITTSD USES IN I-2
ZONING PISTRICTS PROVIDED ALL PROCE5SING TAKfiS PLACE INDOORS.
Rick McMonical, Executive Director of Friends of the Mississippi River, 26 E.
Exchange Street, spoke. Mr. McMonical e�cpressed concern relative to the
timing of this proposed minor zoning text amendment, questioning any
correlation that might exist between the proposed amendment and the pending
action regarding the Alter Trading Corporation. He asked if the Alter Trading
Corporation's proposal gor a metal shredder at its facility on Barge Channel
Road is considered an outdoor or indoor processing facility.
Ms. Dadlez responded that Alter Trading Corporation's current application is
proposed to be an outdoor processing facility. She assured Mr. McMOnioal=that
the proposed minor zoning text amendment had no correlation with the Alter
appliaation, that the timing was coincidental, and that it was in response_to
a recycling processing center goinq in on Minnehaha where it was proposed`that
all of their processing would be done indoors in an I-2 zone. Ms. Dadlez
further explained that this is already a permitted use in an i-1 zone and it
is the Zoning Administrator's interpretation that it should be permitted as
well in I-2, which is the reason for this amendment.
Lawrence Coleman, Attorney for N'eighbors Organized to Stop the Hazardous Alter
Metal Shredder, NOSHAMS, spoke. Mr. Coleman expressed concern that the
amendment would directly affect the Alter application for a special condition
use permit and suggested that any changes to the code may become an advantage
to the Alter Corporation and may become a disadvantage for the over 1600
people who intend to opgose the A1ter Corporation proposal.
Ms. Lane pointed out that the Alter Corporation proposal is an I-2 use as it
has exterior processing, and given the proposed zoning text amendment it would
remain an I-2 use that requires a special condition use permit.
Cheryln Young, 71 W. Biswell Street, spoke. Ms. Young suggested thaC
'�exterior processing" should be more clearly defined in the code, and that it
should perhaps specify the types of materials to be processed. She also
believed that all recycling processing centers in 2-2 zones should require
special condition use permits so as to allow for public input in the permit
pzocess.
m
Jim Bakowski, representing Lhe West Side Citizens Environment Committee,
District 3, spoke. Mr. Bukowski suggested that the language of the zoning
amendment pertaining to recycling centers was confusing and should be
rewritten as to provide more clarity to the layman. He suggested that
district councils that have recycling centers in their neighborhoods should be
included in a discussion regarding the logic of such an amendment, and
disagreed with the logic that if a use is permitted in I-1 in an enclosed
building that it should automatically be permitted in an I-2, suggesting that
such facilities be looked at on an individual basis. He asked that this item
be postponed until the district councils could participate in a discussion
about this.
Kady Dadlez, in response to an inquiry from Commissioner Kramer, reviewed the
procedures for prior notification of minox zoning amendments, which includes
notification of al2 district council offices. Ms. Dadlez reported thaL no
comments were received on the proposed zoning text amendments by the district
councils.
Ms. Lane reported that about two or three years ago staff did a study on the
entire recycling processing issue which was be£ore the Planning Commission and
at that time it was determined that an enclosed recycZing center should be a
permitted use in an T-1 zoning district.
3. ALLOW MAINTFNANCS SASEMSNTS FOR ACCSSSORY STRIICTIIRES IN REAR YARDS
ON REVERSB FRONTAGE C012NER LOTS.
SIMPLZFY GARAG$ HSIGHT RBG�I,2�TIONS.
In Section 62.106.(3). Ms. Dadlez reviewed a recommendation that was
recommended by the Zoni.ng Administrator, however was not included in the staff
report, with the new language: "In any residential area, accessory buildings
shalS not exceed fifteen (15) feet in height."
Ms. Lane reviewed the recommended amendment and circulated a diagram which
illustrated for commissioners what would be alZowed as a resuZt of the
amendment, in relationship to a one-story house.
ITPDATS�LANGIIAGS SN T88 ZONSNG CODS TO RSFLBCT C73ANGSS 2N THE':
$TAFFING R&SPONSISILITIBS 80R THS SOARD OF ZOITlNG APPIIAL3 AND_SITB
PLZ�N REVI89l. -- -"
t3PDAT8 LANGIIAGB IN THB GRAND AVBNIIE SIGN PI,AN AND TIi$ HIGBLAND
VILLAGS PLAN TO REFLECT CHANGSS IN TEiE STAFFING RSSPONSIBiLSTISS
FOR T88 BOARD OF ZONING APPEALS AND SITE PLAN REVIEW.
Co�iasioaer Guraey moved approval of the November, 1995 Miaor Zoniag Text
Ameadments. Co�issioner &ramer seconded the motion. The motion carried on a
»n animous voica vote of 8 to 0.
Submitted by:
�
� dy Da�ez
i� � pPr��o-���L�
Gladys Morton �/
Chairperson
��
�l � -' �
�
MINOR ZOl�TING AMENDMENTS
NOVEMBER 1995
m
a�-��
MINOR ZONING AMENDMENTS
-- -
- - - ° - --
— - ° = --�€3�E1t�Eit..��-. . . - -
1. MAKE BREW ON PREMISES STORES PERMITTED USES IN B-2 ZOI3ING
DISTRICTS
Sec. 60.202. B.
60.532. Principal Uses Permitted.
In a B-2 Community Business District the use of land, the location and erection of new
buildings or structures, and the alteration, enlargement and moving of existing buildings or
structures from other locations or districts shall conform to the following specified uses
unless otherwise provided in this code:
(1) All principal uses as permitted and as regulated in a B-1 District.
(2) All retail business, service establishments or processing uses as follows:
a. Any retail business whose principal activiry is the sale of inerchandise in an
enclosed building.
b. Any service establistunent of a veterinary clinic, an office, showroom or workshop
nature of a contractor (including, but not limited to, plumbing, heating, air
cond'atiozring, electrical, mechanical), decorator, dressmaker, tailor, baker, painter,
upholsterer, or an establishznent doing radio or home appliance repair,
photocopying, and similar service establishments.
c. Private clubs, fraternal organizations, liquor licensed establishments and lodge
halls.
d. Restaurants and fast-food restaurants when incorporated within a multi-use retail
center or planned shopping center and which do not provide drive-through window
service.
Theaters, assembly halls, aucuon halls, bingo halls, concert halls, reception halls
or sunilar places of assembly when conducted completely within enclosed
buildings.
f. Business schools, nonacademic colleges or trade schools operated for profit.
g. Colleges, universiues, and seminaries, and other such institutions of higher
learning, public and private, offering courses in general, Technical, or religious
education and not operated for profit; provided, that:
Dormitories or other group student housittg shall not be pernutted within the
district;
2. When an institution is estabIished in the district, the institurion shall be
required to provide the minimum number of off-street pazking spaces for
employees, staff, or students as set forth in section 62.103(g). The institution
shall be required to provide additional parking spaces only when the minimum
number of parking spaces will have to be increased due to a more than ten
(10) percent ar three hundred (300) gain in the total number of employees,
staff or students, wluchever is less. Thereafter, additional parking spaces will
have to be provided for each subsequent gain of more than ten (10) percent or
three hundred (300) in the total number of employees, staff or students; and
To determine compliance with parking requirements in item 2. above, tfie
institution must file an annual report with the planning administrator stating the
number of employees, stafF and students associated with the institution.
h. Mail order houses.
i. Health/sport clubs, conversation/rap parlors, massage parlors and steam
room/bathhouse facilities which are not adult uses.
j. Food catering establishments.
k. Public, parocivaI and other private elementary, junior high or high schools
offering courses in general education, and not operated for profit.
_..
.:.:. ... ..........:. . . _ ..
...
..... .. ..:....:........ .�...
,, >
.::. .:..........:.:...:..>.. . . , .
, ..,... ..__ _:.........
��:°`: :...��s:�a�es;°::�s,�e .;:::.:>:.;.<::.::`::_�::;:;.:i�#a;.:..:>..:;.;i`;ai�is;:;
..:.:....::.:....�.::...�.._...._�.........._.:......:......::��_._......,..........,.........._...�..._...___........ _.
(3) Recycling drop-off station; provided, that the facility:
a. Shall not occupy an azea more than two hundred (200) square feet and shall not
interfere with parking and maneuvering requirements of the principal use;
b. ShaIl be screened pursuant to section 62.107 if it abuts a residential use or district;
�`���
a Shall be set back at least texi (10) feet from any propeny line and shall not obstruct
pedestrian or vehicular circulation; and
d. Shall be mamtained itee_ af.litter and-other-�ndesi��l€-matefiats°:— -_ -'-
,_, - °_- �
(4) Cunency exchange business when located at least one hundred (100) feet from any
residential lot in a residential district or at least one hundred (100) feet from any
residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-
family dwelling, measured from the closest point of the building in which the
business is located to the closest residential property line.
(5) Other uses similar to the above uses.
(6) Accessory building, structures and uses as defined in section 60.201.
Discussion
This amendment makes brew on premises stores permitted uses in B-2 zoning districts. The
planning commission recendy approved a determination of similar use allowing a brew on
premises store in a B-3 zoning district. The reason the determination was made for a B-3
zoning district is that the property on which the applicant wanted to establish the nse was
zoned B-3. However, the staff report and recommendation clearly describe a use which is a
combination retail and service use, sttnilar to self-service laundry and self-service copying,
uses which are permitted in B-1 and B-2 zoning districts. The intent of the B-2 zoning
district is to serve the needs of consumer population larger than that served by the "I.ocal
Business District," and is generally characterized by a cluster of establishments generating
large volumes of vehicular and pedestrian traffic. Thus, the B-2 zoning district is an
appropriate location for brew on premises store.
2. CLARIFY THAT RECYCLING PROCESSING CENTERS ARE PERMITTED
USES IN I-2 ZONING DISTRICTS PROVIDED ALL PROCESSING TAKES
PLACE INDOORS
Sec.60.612. Principal uses permitted.
In an I-1 Industrial District the use of land, the location and erection of new buildings or
structures and the alteration, enlargement and moving of existing buildings or structures from
other locations or districts shall conform to the following specified uses, unless otherwise
provided in this code:
(1) All principal uses as permitted and as regulated in the B-3 Business District except
family day care and group family day care.
(2) Any research use.
(3) Warehousing and wholesale establishments, and trucking facilities.
(4) R?here retaIl sales is not the priruary function, the manufacture, compounding,
processing, packaging or ueatment of such products as, but not limited to: bakery
goods, candy, cosmefics, phatmaceuucals, toiletries, food products, hardware and
cutlery; tool, die, gauge and machine shops.
(5) The manufaciuce, 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, sheetmetal (excluding the
process of stamping large items such as automobile fenders or bodies), shell,
textiles, tobacco, wax, wire, wood (excluding saw and planing mills) and yarns.
(6) The manufacture of pottery and figurines or other similar ceramic products using
only previously pulverized clay, and kilns fired only by electriciry or gas.
(7) The manufacture of musical instruments, toys, novetties, and metal or rubber
stamps, or other molded rubber products.
(8) The manufacture or assembly of electrical appliances, electronic instruments and
devices, radios and phonographs.
(9) The manufactuc�e and repair of electrical or neon signs, tight sheet metal products,
including heating and ventilating equipment, cornices, eaves and the like.
(10) Iaboratories carrying on experimentat and testing processes.
(11) E2ectric and gas service buitding and yards. Pubfic utility buildings, telephone
exchange buildings, electrical transfarmer starions and substations, and gas
regulator stations. Water supply plants. Railroad and terminat freight facilities,
transfer and storage tracks.
(12} Lumber yards.
(13) Storage of contractor's equipment and suppties.
(14} Automobile service stations, auto repair stations and auto body shops.
(15) Municipal public works yatds and facilities.
(16) Greenhouses, industriat.
(17) Trade or industrial schools.
(18) Recycling processing center;-�sv-ide�; H�a�: �?v�;��t;p�i3e�s�i�tg���
��-�?
-- - ;
� ;; �: Outdoor storage of materials are within covered containers or behind an opaque
,•.
visu screen m�eetin�_the_zec}uice�er�s_c>f-seet� 62-: ��T3 v� three=(3)=sid"es Sucfi
_ - =
" — outdoor storage is located at least three hundred (300) feet from any residenrial
district; and
�_ E There is no outdoor open burning on the site; and
e:; d- All types of processing are allowed except heat reduction that would otherwise be
permitted in I-2 districts.
(19) Rental storage facilities.
(20) Tasi companies, both dispatching off'ices and storage.
(21) Tire retreading.
(22) Recycling collection center; provided that:
a. Outdoor storage of material is pernutted under the same requirements of section
60.612(18)(b); and
b. The facility shall be free of litter and any other undesirable materials and cleaned
of loose debris on a daily basis.
(23) Cellular 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 dimension equal to
the height of the pole or tower measured between the base of the pole or tower
located nearest the property line and said property line, unless a qualified
structural engineer shall specify in writing that the collapse of the pole or tower
will occur within a lesser distance under all foreseeable circumstances.
b. The proposed installation shall meet all requirements as outlined under section
62.108, site plan.
(24) Other uses similar to the above uses. See Appendix A of the zoning code.
(25) Accessory buildings, structures and uses as defined in section 60.201.
Sec. 60.624. Principal uses subject to special conditions.
The following addidonal uses shall be pernritted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as
set forth in section 64.300(c). All principal uses permitted subject to special condirions shall
be reviewed and approved by the planning commission.
(1) Rec clin rocessing center;:���`::��€�;:is :e�t�ir;g��ic�s";"'. "�c#��, and motor
Y SP .:__..,v.:..:..::::,<.< ..:::..:........::.:......,�..,.::...._,:,.�....:..__.._._....
vehicle salvage operafion; provided, that such facilities conform to the following
requirements:
a. Outdoor processing, salvaging and storage of the znaterials and motor veIucles
shall be no closer than three hundred (300) feet to a property occupied with a one-
, two-, three-, four- or multiple-family dwelling or townhouse dwelling. The area
used for the outdoor processing, salvaging and storage shatl be behind an eight-
foot-high obscuring wall, fence or landscaped buffer. The planning commission
may modify this requirement where a wall, fence or buffer may interfere with the
opera6on of the business;
b. There shall be no outdoor open burning on the site. The use of cutting torches,
furnaces and other equipment which produce a flame shall not be construed to
constitute open b »rnin ; and
c. There shall be no stacking of material above the height of the wall or fence, except
that material set back three hundred (300) feet from the neazest residential property
line may be stacked one (1) foot higher over the wall or fence up to a maximum of
sixty (60) feet for every five (5) feet the material is set back from the neazest
residential properiy line.
(2) Mining of sand, gravel or other raw materials.
Discussion
Recycling processing centers are permitted uses in I-1 zones but require special condition use
pemuts in I-2 zones. Tfie conditions for these two are different, In an I-1 zone all
processing must be conducted indoors; in an I-2 zone processing can take place outdoors. If
there is a recycling processing center without outdoar processing in an I-2 zone it should be
allowed as a permitted use. This text amendment clarifies that recycling processing centers
without outdoor processing in I-2 zones are permitted uses.
�,�_�?
3. ALLOW MAINTENANCE EASEMENTS FOR ACCESSORY STRUCTURES IN
REAR YARDS ON REVERSE FRONTAGE CORNER LOTS
4. SINIPLIFY GARAGE HELGHT REG�,A�'��}�iS °` °_,
Sec. 60.202. B.
Building height. The vertical distance measured from the established grade to the highest
point of the roof surface for flat aut�:;��;�roofs; to the deck line of mansard roofs; and to the
average height between eaves and ridge for gahle, hip and gambrel roofs. Where a building
is located on sloping terrain, the height may be measured from the average ground level of
the grade at the building wall.
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, shall be subject to the
following regulations:
(1) When the accessory building is structurally attached to a main building, it shall be
subject to, and must conform to, ali regulations of this code applicable to main
buildings.
(2) Accessory buildings, structures or uses shall not be erected in or established in a
required yard except a rear yard. -
On comer lots, accessory buildings, structures or uses shall be set back from the
street a distance equal to that required of the principal structure.
When an accessory building, structure or use is constructed in a zeaz yard which
adjoins a side yard or front yazd, the accessory build'ang, structure or use shall be set
back from the interior lot line a distance equal to the m3nimum side yard required in
the district in which located.
On all other lots
interior lot lines,
interior lot lines.
accessory buildings shall be set back at least three (3) feet from all
and overhangs shall be set back at least two (2) feet from all
This setback requirement ��°� �a� from all interior lot lines �€i�"���s��
�i�€ild?n'�;%n;��:��atcts shall be waived when a maintenance easement is recorded on
the deeds of all affected properties, when proof of such recorded easement is
provided at the time of application for a building petmit and when the accessory
building is located at least three (3) feet from any building on an adjoining lot. The
recording of the maintenance easement shall be interpreted to mean that the
following intents and purposes of th]s setback requirement are met:
a. Adequate supply of sunlight and air to afljacent property;
J
Sufficient space for maintenance-af the bailding from the same lot; and
c. Prevention of damage to adjoining property by fire or runoff from roofs.
A recorded common wall agreement is pernutted in lieu of a maintenance easement
if the accessory structure is attached to an accessory structure on an adjoining lot.
an residential area ° ��' '- �'�° D"" '' °"� ' ^- bcQ '
(3) ' I�:;: Y , "" , .
,. ..: ..: : :.. .:......:: . .. ...>..> .., :. .: . . .. :.:: _ <..
' ' ' ' ' �es��?;�€i�i�s shall not exceed exe-sEer3F
> :..> ::::..:::....:.:...
aa� °������ ��Ce��:;�f�} feet in height; provided, however, thaY ���ss�
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. . �. �. _ _
...
(4) Accessory buildings on a zoning lot may occupy up to thirry-five (35) percent of the
rear yard. Rear yazds which adjoitt alleys may include half the area of the alley to
caiculate the azea of the reaz yazd which may be occupied by accessory buildings.
On zoning lots containing one- and two-family dwellings, accessory buildings shall
not occupy more than one thousand (1,000) square feet of the zoning lot. On zoning
lots containing all other uses, accessory buildings may occupy the same percent of
the zoning lot as main buildings are allowed to occupy, as specifted in tables in
secrions 6L10I, 61103, 61.104 and 61.105.
(5) In those instances where the rear lot line or a side lot line is coterminous with the
alley right-of-way, the accessory builcling shall not be closer than one foot to such
reaz lot lines.
{6) On through lots, where frontage is cleazly established within a given block, reaz
yard setbacks shall be equal to the side yard setback of the disuict in which located.
(7} Accessory buildings shall be located at least s'uc (6} feet from ttie principal structure
or shall be considered attached for purposes of the zoning code.
�.�-'�?
Discussion on #3
A maintenance easement allows a garage to be built closer than the required three foot
setback from side or rear property lines when the garage is in the rear yard. On the other
fiand, a maintenance easement is not specifically allowed from_the_reaz=gr.opert3!-1iae=i��e- -- —
-°_- °
—_ ___ ga�age-�€ke-.rear=garc� is`on�e "comer and adjoms a side yard (see attached drawing). In
that case, the setback from the zear yard is equal to the side yard setback required for the
zoning district in which located. To be fair and to simplify things, this should also be able
to be waived by use of a maintenance easement.
�
�'
v
N
�
Comer lot where the Q '
rear yazd adjoins
a side yard
Discussion on #4 -
C�rrently, there is limited storage space within many small single family and other
residential structures in Saint Paul. As the number of households increase and the storage
needs of many of these households expand in the city, the demand for privaCe garage space
will grow. To address these storage needs many households choose to build lazge two-story
or oversize garages versus constructing a house addition because the garage option is less
expensive. Occasionally, however, the construction of a lazge gazage will negatively impact
adjacent properties and generate neighborhood controversy. This has occurred in several
instances in Saint Paul over the past few years.
A survey of garages built in 1995 reveals that 7 of 200 would have required variances under
the proposed change. Also, a survey of height restzictions for gaxages in metro area
communities is attached and shows that the proposed change is in keeping with regulations in
area communities.
A related issue is that new garages and accessory structures in historic disiricts often need
height variances in order to be in keeping with the size, height, and peaks of roofs for
existing houses. This amendment provides an exception for properties within designated
heritage preservation districts and for designated historic sues by exempting them from these
regulations.
-: Ks:_ :.c -
+t�wiTT
a
Height Restrictions for Detached Garages in Metro Area Communities
City
Andover
Anoka
Apple Valley
Blaine
Bloomington
Brooklyn Center
Brooklyn Park
Burnsville
Champlin
Circle Pines
Columbia Heights
Coon Rapids
Cottage Grove
Crystal
Eagan
East Bethel
Edina
E1k River
Falcon Heights
Farmington
Fridley �
Ham Lake
Hastings
Lakeville
Lexington
Lino Lakes'_= : �`-
Little Cariada .
Maplewood
Minneapolis_
Mound
Mounds View
New Brighton
ti=w I-iope
��;c��ie
Orono
Piymouth
Prior Lake
Ramsey
Richfield
Roseville
Saint Anthony
Shoreview
South Saint Paul
West Saint Paul
White Bear Lake
Peak
Limit Limit
15
16
15
18
-20
15 �
20 - -
T4
House
Limit Varies
x
x
x
x
x
x
�
x
,r ,t
15
x
'���
*
x
45
Z4 - -
15
� _� 2 5
_ . X
�" ;�,
��
-- ° �::_.. z 12 .
T =' f ` - x
_: =15 ``. .
15
15
x
30 . - x
12
30
16
14
15
35
35 x
16
15
15
�
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\
�
****
Mean 20.5 16.6
Median 16 15
Mode 15 15
*= Depends on area of city .
** = 14 £eet to peak in urban areas, 18 feet to peak in rural areas
�** = Depends on size of lot
**** = 16 feet to peak in urban areas, 22 feet to peak in rural areas
x= Cannot be taller than principal sLructure (house)
There are a total of 45 cities on this list.
-,. . �._ -. .. _
.. � ._,_;� ,_ _: } - .— - .._, � . :.... ... .. _ , ���
�G-'��
5. UPDATE LANGUAGE IN TFIE ZONIl�TCs CODE TO REFLECT CFIA.NGES IN
THE STAFFING RESPONSI�fII.TTIES FOR THE BOARD OF ZONING APPEALS
AND STfE PLAN REVIEW.
,__,.
--- - See. 62�1b8: "S'�e P3an Review (all districts).
(a) 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 gross
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 (2)
acres (87,120 square feet) in area.
(2) In the "T" Tree Preservation District, any development of one- and two-family
residences over one (1) acre (43,560 square feet) in area.
(3) All residentially related uses in one-family districts, such as, but not limited to,
churches, schools and public facilities.
(4) Any industrlal use in an I-1, I-2, I-3 or RCI-1 District abutting a residential district.
(5) Outdoor storage in industrial districts.
(6) Any use which abuts to a major thorougbfaze.
(7) Any development on a slope of twelve (12) percent or greater.
(8) Any development in the River Corridor Critical Area or in the Floodplain District
except one- and two-family dwellings wtuch do not affect slopes of twelve (12)
percent or greatex.
(9) All off-street parking facilities except as noted in section 62.103@).
(10) Any other use or development for which the submission of a site plan is required
by any provision of this code.
(11) Earth-sheltered structures.
(12) Detached, freestanding facilities constructed on parking facilities, including, but
not restricted to, kiosks, fotomats, banks and similar uses.
(13) Any filling, excavation or tree removal that disturbs an area greater than tett
thousand (10,o�0) square feet except the construction, installation or maintenance
of public roads and pubiac and private utilities.
(b) Site plan application:
�
(1) Applications for site plan approval shall be made to the planning commission in such
form as the commission may prescribe in its mles.
(2) Said rules may provide for a delegation of authority to the �•�f�rt�ig
administratar of the City of Saint Paul of ail powers and duties granted to the
planning commission under this section, and such rules will be filed with the office
of the city clerk.
(3) Application for site plan approval shall include °��� ����� sets of plans
with sufficient detail to demonstrate that the plan complies with the provisions of this
code.
(4) For pazking facilities, the city tr�c engineer or g�g �� administrator may
require submission of a traffic impact analysis as part of the site plan applicauon.
Such an analysis shall include, but not be limited to, the following elements: trip
generation, directional distribution, traffic assignment and capacity analysis.
(5) Alley access; notice. Where a site plan application review has been delegated to the
�}a�ag �AAwzg adminisuator and notification to adjacent pmperty owners is
required in secrion 62.104(9), a notice shall be sent at least ten (10) days prior to a
site plan review meeting by city staff to the applicant and owners of record of
property Iocated within three hundred fifty (350} feet of the proposed alley access.
Notice shall be delivered either personally or by mail at the address of the owner
contained in the records of the Ramsey County Department of Properry Taxation.
(c) Site plan review and approval. In order to approve the site plan, the planning
commission shall consider and find that the site plan is consistent with:
(1) The cicy's adopted comprehensive plan and development or project plans for sub-
azeas of the city.
(2} Applicable ordinances of the City of Saint Paul.
(3) Preservation of unique geologic, geographic or historically significant characteristics
of to the city and environmentally sensitive areas.
(4) Protection of adjacent and neighboring properties through reasottable provision for
such matters as surface water draivage, sound and sight buffers, preservation of
views, light and air, and those aspects of design which may have substantial effects
on neighboring land uses.
(5) 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.
��-��
(6) Creation of energy-conserving design th�ough landscaping and location, orientation
and elevation of structures.
, __, --
__
(7) Safety and convenience of both yehicular ancl�edes�au-t�a�f"ic trotn witliiu the site
=
— --- --- -aad in fetafion to access streets, including traffic circulation features, the locations
and design of entrances and exits and parking areas within the site.
(8) The satisfactory availability and capacity of storm and sanitary sewers, including
soiutions to any drainage problems in the area of the development.
(9) Sufficient landscaping, fences, walls and parking necessary to meet the above
objectives.
(10} Site accessibility in accordance with the provisions of the Americans with
Disabilities Act (ADA), including parking spaces, passenger loading zones and
accessible routes.
(11) Provision for erosion and sediment control as specified in the "Ramsey Erosion
Sediment and Control Handbook."
(d) Compliance and time requirements. The planning coznmission may make such
requirements with respect to the above matters as to assure compliance with them. When
changes are required, the revised site plan shall be submitted within six (6) months from the
_z .,., .
date the applicant was notified of requixed changes. The �la�ing zi�� administrator may
grant extensions. The properry must be brought into compliance with the approved site plan
within one yeaz of the date of approval or as otherwise specified by the zoning administrator.
(e) Review of earth-sheltered structures. In reviewing the site plan for earth-sheltered
structures, the planuing commission shall, in addition the above objectives, consider:
(1) Type and location of landscaping to ensare maximum compatibility with adjacent
above-grade hous3ng.
(2) Proper safeguards for erosion control, including, but not lunited to, landscaping and
seeding to topsoil. Slope and bluff locations shouid be evaluated for their ability to
withstand crumbling or sagging.
(3) Proaf of soil conditions which would not cause damage to adjacent users.
(4) Proper drainage systems to handle stormwater runoff.
(5) Minimum setbacks of four (4) feet shall be required for all below-grade
construction. Above-grade portions shall meet setback requirements of the district in
which located.
(fl Review of outt�oor storage near residential districts and uses. In reviewing the site
plan for outdoor storage in industrial districts, the �g �€�g adminzstrator may permit
outdoor storage to be within three hundred (300} feet of a residential district or of a propeny
occupied by a one-, two-, three-, four-, townhouse or multifamily dwelling; provided, that:
(1) A visual screen, a minimum of siY (6) feet in height, is placed between the outdoor
storage and such residenrial district or use;
(2) The ��g �a� administrator has considered the location and design of the
outdoor storage area and visual screett in relation to any plans or guidelines
approved by the city council and in relation to the design character and building
materials of adjacent residetttial areas:
(3) The �}a�g ��z�ig administrator has notified by mail the properry owners within
three hundred fifty (350) feet of the outdoor storage azea at least ten (10) days
before the administrator is to approve the site pIan and has considered the property
owners' comments; and
(g) Securiry agreement. Before the site plan is approved, the applicant shall fffe a
performance bond equai to the estimated cost, as determined by the $l�g za��
administrator, to install required landscaping, paving, screening, erosion and sed'iment
control or items required by special condition. Such performance bond shall be secnred and
� ..:. �..:,..
filed with the �g ��ii�ng administrator within three (3) months from the date tite
applicant was notified of the intent to approve the site plan. The �g �i}�
�.�
administrator may grant an extension.
U on com letion of tfie bonded work items, the owner shall a 1 to the �"�
P P PP 9 � �
administrator for final inspection. If the gk�g � administrator fmds that all
installations meet 8ie requirements of appmved plans and spec�cadons, the security
agreement shall be released. However, a security agreement for landscaping shall be effective
and held for one year after completion of the work itt order to ensure that such landscaping
will survive. If unprovements are not completed as proposed within the established time
limit, the city may proceed to require performance by the surety, or complete such
installation by conuact or force account and seek reimbursement of its costs from the
security agreement.
The g�g ��ia?g administrator shall have the right to accept a cash escrow or
irrevocabie letter of credit in lieu of a bond in an amount and under such circumstances as
the ��g �g administrator shall determine appropriate.
If seasonal weather conditions or phasing of construction present practical difficulties in
the instaliation or completion of landscaping, paving, screening or any requ'ued item, the
completion may be delayed for not more than siY (6) months by the �I�g z�i�
administrator. The extension of time shall be granted in writing.
�.�-��
-- (h) Certifzcate of occupancy. Certificate of occupancy sha11 not be issued until all items
required for site plan approval are completed or an agreement has been made under
paragraph (fl above. _ _ _
-- -
_. - _„
- �fien a sife plan is required by this code, a certificate of occupancy shall be renewed
only if the use is in conformance with that site plan and all conditions of this code.
Chapter 64. Zoning Code--Administration and Enforcement; Amendments;
Miscellaneous Provisions
ARTICLE I. GENERAL PROVISIONS
Sec. 64.100. Enforcement.
The 1i�i�ii��:;��'���1. of the office
of license, inspections and environmental pratection shall enforce this code and is hereby
designated the zoning administrator .
Sec. 64,205 Decision by the board of zoning appeais.
(a) The board of zoning appeals shall conduct a hearing on the appeal or variance
application within thirry (30) days after the appeal or application has been filed with the
zoning administrator, and shall give due notice thereof to the parties as defined in section
64.208, and shall render a decision on the appeal or application without unreasonable delay.
Decisions of the board of zoning appeals shall be final subject to later appeal to the ciry
council.
(b} Any person may appear and testify at the hearing, either in person or by duly
authorized agent or attorney.
(c) All of the papers constituting the record upon which the application or the decision
appealed from was taken, including, but not limited to, the action of the board of zoning
appeals and the fmdings of fact, shall be retained in the permanent files of the �
� ...:::.::..... :.:...>::...;.
, af�e':�zf;:iie��e;~...:`.`: :��ri;;�axii��:��i�iiieiital?"°��i��i��.
. . . . . ,._.° .....,. ��. �. .. , .,. ._ - _ _P. ....,.. _. .
(d) After reaching a decision in accardance with this section, the board of zoning appeals
shall prepare a written report, including, but not limited to, findings of fact and the action of
. . ...: - .,<. ......:.. .....>:.<..,...>-,.,..
the board, which re ort will be filed wrth the a�',ic�;p�;�s�; z�s�p��ti��;; a�itl
P �� ,.:..::-:....><,.. . .....:....<.<... .: .
e�zVZri����Y�:`;�z��titr�i;without undue delay.
(e) A copy of admuristrative appeals concerning the River Conidor Districts shall be
suhmitted to the commissioner of natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the board's hearing. A copy of all
decisions granting administrative appeals shall be forwarded to the commissioner of natural
resources within ten (10) days of such action.
(fl Building permits shall not be issued after an admuustrative review has been filed. If
permits have been issued before an administrative review has been filed, then the permits are
suspended and construction shall cease until the board of zoning appeals has made a
determination of the administrative appeal.
Sec. 64.206. Appeals to city council.
(a) The ciry council sha11 have the powet to kear and decide appeals where it is alleged
by the appellant that there is an error in any fact, procedure or fmding made by the boazd of
zotting appeats or the planning commission. An appeal may be taken to the city council by
any person, firm or corporation or by any officer, department, boazd or bureau affected by a
decision of the board or planning commission. Such appeal shaIl be taken within fifteen (15)
days after the decision appealed from shall have been duly adopted by the board or
commission and shall kave been served either in person or by mail upon the owner of the
property which is the subject matter of the decision
(b) Building permits shall not be issued after an appeal has been filed �e-�e�iag
. If permits have been issued before an appeal has been filed,
then the permits are suspended and construction shall cease until the city council has made a
final determination of the appeal.
(c) The city council shall conduct a hearing on the appeal within thirry (30) days after the
receipt by the city council of the appeal from the action of the glanning commission or the
board of zoning appeals. As tequired under secuon 64,208, ffie ciry council shall give due
nouce of the hearing to atl interested parties and shall render a decision on the appeal without
unreasonable delay. Any person maq appeaz and testify at the hearing either in person or by
duly authorized agent or attomey.
(d) A fee to be established by resolution of the city council shall be paid to the zoning
�:�......:::.: ;........_....,:...,.�:.........:...., .
secdon of the lanning division ts�;�_p�`i�`'�:]i�k�5e�:=�'5p;��x;��<:�u;���
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�tttectto� by the appellant at the Ume the notice of appeal is filed. Such resolution may
provide for waiver or refund of such fee under specific circumstances.
Sec. 64.207. Orders.
In exercising the above powers, the city council or the board of zoning appeals may
reverse or affirm, wholly or partly, or may mo@ify the orders, requirements, decision or
determination appealed from and may make such order, requirement, decision or
determination as onght to be made. To that end, the board of zoning appeals shall have all
the powers of the zoning administrator and the building official, and the city council shall
have all the powers of either the board of zoning appeals or the planning commission. All
�`-��
final decisions, orders, requirements or determinations by the board of zoning appeals and/o�
city council shall be in the form of a written resolution. The city council shall serve a copy
of the resolution upon the appellant and/or the owner of the affected property, zoning
administrator, planning commission and board_of zo '
, _ AIIlg __ag�eals -by -�tai�-or personal seivice:
, _. - The-bea�o� zo�ng�appe"a7s shaIl serve a copy of the resolution upon the appellant and/or
� owner of the affected propezty, the zoning administrator and the pianning commission.
Decisions of the city council on a11 matters within its jurisdiction shall be final subject only
to judicial review by a court of competent jurisdiction.
Sec. 64.208. Notice.
The board of zoning appeals shall make no decisions, nor shall the city council upon
appeal make any decision, except in a specific case and after a public hearing conducted by
the board and city council. They shall, by general rule or in a specific case, determine the
interested parties who, in the opinion of each, may be affected by any matter brought before
it, which shall in all minor variance cases include all owners of record of property within
one hundred (100) feet of the premises in question, and which shatl in all major variance and
appeals cases include all owners of record of properiy within three hundred fifty (350) feet of
the premises in question. Such notices shall be delivered personally or by mail addressed:,to
the respective owners at the address given in the most current Ramsey County property
taxation records.
Sec. 64.209. Permit, etc., time limit.
No order of the board of zoning appeals or the city council pemutting the erection or
alteration of a building or off-street parking facility shall be valid for a period longer than
one year, unless a building peraut for such erection or alteration is obtained within such
period and such erection or alteration is proceeding with the Yerms of such permit, unless the
board of zoning appeals or the city council grants an extension not to exceed one year. In
granting such extension, the board of zoning appeals may decide to hold a public hearing.
Division 2. Planning Commission and Pianning Admuustrator
Sec. 64.300. Planning commission and planning'ox::�#��� administrator approval.
(a) Application to planning commission. Any person having an ownership or leasehold
interest in land and/or building (contingent included) is eligible to file an application with the
planning commission for a special condition use permit, site plan approval, determinarion of
similar use, nonconforming use permit, ar other matters provided for in this zoning code. All
applications shall be filed on appropriate forms and with requisite fees.
(b) Planning commission review; delegation to administrator. The planning commission
shall review and approve all principal uses pernutted subject to special conditions, site plans,
determinations of similar use, and other matters and cases as may by law be provided. The
planning commission shall have the authority to modify or revoke any special condition use
permit, nonconforming use permit, change in nonconforming�se pemrit or sign vaziance.
The planning commission may, by rnle, delegate to the pianning ��C,::�t�g admiuistrator its
power to review and approve all such matters and cases; provided, however, that the
plaaning commission shall not delegate its power to modify oz revoke any nonconforming use
permit, any change in nonconforming use pemut, any sign variance or special cottdifion use
permit or modify special condirions unposed upon any principal uses pernutted subject to
such special conditions.
The applicant shall present the application, a site plan meeting requirements of section
64.1�2, and other information as required to substantiate his ot her case.
(c) Review proceduies; hearing and notices required. The planning commission, or €�
ptanning �����Y� administrator where delegated, shall invesugate the circumstances of�each
such case liefore granting an approval of modification of, or revocation of, a permit or sign
variance. VJhen authority has not been delegated to the planning r����'li� administrator, the
planuing commission shall make no decision until after a public hearing has been conducted
by the planning commission or the zoning committee of the planning commission. The
planning commission or zoning committee shall send notice of the time and place of any
hearing to all parties who may, in its opinion, be affected by its decision, which shall in a11
cases include all owners of record of property within three hundred fifty (350) feet of the
premises in question. Such notices shall be delivered personally or by mail addressed to the
respective owners at tiie address given in the most current Ramsey County properiy taxafion
records.
(d) Conditional use pernut,• general standards. Before the planning commission may grant
approval of a principal use subject to special condidons, khe commission shall frnd that:
{1) The extent, location and intensity of the use will be in substantial compliance with
the Saint Paul Comprehensive Plan and any applicable subazea plans which were
approved by the city council.
{2) The use will provide adequate ingress and egress to ininimize tra�c congesuon in
the pubTic streets.
(3) The use will not be detrimental to the existing chazacter of ttie development in the
immediate neighborhood or endanger the public health, safety and genecal welfare.
(4) The use will not impede the normal and orderly development and improvement of
the surrounding property for uses pemutted in the disfrict.
(5) The use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
(e) Conditions. Tlte planning commission or the planning ��z?�� adminisuator where
delegated may unpose such reasonable conditions and limitations in granting an approval as
are determined to be necessary to fulfill the spirit and purpose of the zoning code and to
�` ~ ��
protect adjacent properties. -=
(fl Modify special conditaons. The planning commission, after public hearing, may ______
modify any or all special conditions when_stricY_ ' `—"�-�
___._�_ _
_, _ __ _ apglicat�e� e€such specia�co�nons would
-- �reasonabTy`1""umti or prevent otherwise lawful use of a piece of propeny or an existing
structure and would result in exceptional undue &ardship 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 wiffi health, morals and general welfate of the community
and is consistent with reasonable enjoyment of adjacent properry. The requirements of
sections 61.100 through 61.1Q5 and 62.1Q3 shall remain in force and effect and shall not be
superseded or waived by any such modification of a special condition.
(g) Similar use determination. When a speci�c use is not listed in a district the planning
commission shall determine if a use is similar to other uses permitted in each district. The
planning commission shall make the following fmdings in determining one use is similar to
another:
(1) That the use is similar in character to one or more of the principal uses permitted.
(2) That the traff'ic generated on such use is similar to one or more of the principal uses
permitted.
(3) That the use is not first permitted in a less restrictive zoning district.
(4) That the use is consistent with the comprehensive plan.
(h) Uoid if not established,• revocation--conditional use permirs, nonconforming use
permits, change in nonconforming use permits and sign variances:
(1) Uoid if not established within required perdod. When a principal use subject to
special conditions, a nonconforming use, a change in nonconforming use, a sign
variance, a site plan, or other matter or case approved by the planning commission
or city council has not been established within one (1) year after the date of granting
thereof, then without further action by the planning commission, or the city council,
the authorization for such approval shall be null and void. The commission or the
planning administrator where delegated may grant an extension to establish the use
for a period not to exceed one year. Pubiic hearings and notices are not required
when extensions are granted.
(2) Conditio»s violated; revocation. The zoning administrator shall notify the
commission when a development covered by a conditional use permit,
nonconforming use permit, change in nonconforming use permit, or sign variance is
not in compliance with any of the conditions imposed upon such use permit. The
commission may, at a public hearing, following notice to the owner of subject
proper[y and other adjacent property owners as specified in paragraph (c), and upon
determination that the conditions imposed by such approval are not being complied
with, revoke the authorization fflr such approval and require that such use be
discontinued. The commission, in Iieu of revoking the permission, may impose
additional conditions, modify existing conditions, or @elete conditions which are
deemed by the commission to be unnecessary, unreasonable or impossible of
comptiance.
(i) Permits issued/recorded. Upon approval of a principai use pernutted subject to special
conditions, site plan, determinarion of similar use, or other matter or case by the planning
,.,.. ,.:_..:..:..:::::
commission or the plam�ing gE;`�� administrator �§e�elegate�, the applicant shall be
issued a rnut'=:��_�;= eY� ��>;��='"` u on which all conditions
Fe =.,,�«_:,:. �,.. �=:�:�..:��:�.. �:.:._��. ;><,::.<::.-..; _::.�..�.,:.-, ,..:. _�:<::.:,><. P
or Iimitations imposed shall be recorded.
(j) Planning administrator's decision/appeal to commission. The grant or denial of
approval by the planning i��=z�� administrator is subject to appeal to the planning
commission by any person, firm or corporauon, ar by any office, deparkment, boazd or
bureau affected by a decision of the planning ot;�ag�g adminis�ator 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. The pianning couunission
shall conduct a hearing on the appeal within thirty (30) days of the receipt of the appeal by
the planning commission.
(k) Approval/denial of permit/appeal to city council. The grant or denial of approval or
revocauon of a special condition use pemut by the planning commission is subject to appeal
to the city council in accordance with section 64.206.
(1) Fee schedule. A fee to be established by resolution of the city council shall be paid to
the zoning section of the planning division by aii holders of speciai condition use permits
which are subject to annual review. Fees shall be paid by the permit holder at the time notice
of the review is made to the permit hoider. Such resolution may provide for waiver or refund
of suck fee under spec�c circumstances.
(m) Special condition use permit,• change requiring new permit. A change to a special
condition use requires a new permit when one of the following conditions occurs:
(1) A special condition use changes from one special condition use to another special
condition use.
(2) The floor area of a special condition use expands by fifty (50) pezcent or more. For
a special condition use existing on October 25, 1975, expansion is the sum of the
floor area of all the expansions since then. For a special condition use established
after October 25, 1975, expansion is the sum of the floor area of all the expansions
since being established. Floor area does not include floor azea which is accessory to
a principal use and which does not result in the expansion of a principal use.
(3) The building containing a special condition use is torn down and a new buiiding is
constructed, even if the new building contains the same or less floor area.
��-��
(4) The principal use of a special condition use expands onto an abutting lot, such as a
used car lot or a fast food zestaurant building addition expand"ang onto an abutting
lot.
-.
, _ : ,. _,- _ _
_... __ --
_.._ (3}- ��umber ofresidents in a community residential facility increases, or the number
of rooming units in a rooming or boazdinghouse increases.
(6) A college, university or seminary adds a school building or an off-street parking
facility for its exclusive use outside of its approved campus boundary.
(n� Change of special condition use pernzit/no new permit required. A change to a special
condition use does not require a new permit but does require approval of a site plan when
one of the following conditions occurs:
(1) The floor area of a special condition use expands by less than fifty (50) percent. For
a special condition use existing on October 25, 1975, expansion is the sum of the
floor area of all the expansions since then. For a special condition use established
after October 25, 1975, expansion is the sum of the floor area of all the expansions
since being established. Floor area does not include floor area which is accessory to
a principal use and which does not result in the expansion of a principal use.
(2) An accessory use of a special condition use expands onto an abutting lot, such as a
_ bowling alley's off-street parking lot expanding onto an abutting lot.
(3) Off-street pazking spaces are added in a parking lot, garage or ramp on the site of a
special condition use.
(4) An accessory structure is added to the site, such as a building to store salvaged
motor vehicle parts being constructed on the site of a motar velricle salvage
operation.
(5) A college, university ar seminary adds a school building or an off-street parking
facility within its approved campus boundary.
Discussion
These amendments reflect the changes that have taken place in the orgarti2ation and
responsibilities of the Planning Division of PED and the Office of License, Inspections, and
Environmental Protection.
b. UPDATE LANGUAGE IN THE GRAND AVENUE SIGN PLAN AND THE
ffiGHLAND VII.LAGE PLAN TO REFLECT CHANGES IN TI� STAFFING
RESPONSIBILTTIES FOR THE BOARD OF ZONING APPEALS AND SITE PLAN
REVIEW
Grand Avenue Sign Plan, page 8.
ADMINISTRATION AND ENFORCEMENT
The zoning administrator shalI enforce the provisions of this PIan as a supplement to Cfiapter
66, Signs, of the Zoning Code. The provisions of t[us Special Sign Dist�ict Plan do not
supersede, but are supplementary to, those of the Zoning Code; the most restrictive
provisions shall apply.
Whenever a pernut for a sign in the Grand Avenue Special Sign District is required under
the provisions of Chapter 66 of the Zoning Code, snch permit shall not be issued uniess the
plans for the sign have been approved by the �aaa�g �r� Administrator as in
conformance with this plan �nd;?�i��;��t;��ig�s.
PROCEDURES
�ge�ti� Applications for sig� ���%CS in the Grand Avenue Spe�ial Sign District
shall be submitted to the �ag �;�"� .Administrator for review and approval. �--fee-xs
, . �
. . ..
_ �e'�s.,li�ai�
. �.
������:;�:t���;���5�##� of sufficient detail to demonsfrate that the j
with the provision of this plan and shall include at least the following:
1 A fzont elevation {front view) drawing of the sign drawn to scale. TYus can usually be
obtained from the sign company, an azchitect, or a graphic arts company. The minuxium
scale is one inch = one foot.
2. Either a front elevation drawing to scale of the building with the ptoposed sign
located on it (miuimum scale 1/4 inch = 1 foot) or a photo of tfie building front.
3. A specification sheet describing sign materials, exact letter size, and rype of lighting.
The ��n� Administrator shall review the plans within 30 days and notify � the
�g ;>..._._
applicant of aa� f`� decision to
approve or disapprove the plans. t1-� Decisions by the ���r#g Administrator may
be appealed to the Planning Commission. �
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A f�e €c� c��e� �e e��s taf t� ���;s6� be �sfiak�tished 6y �s�txan �� ��� �u�e�.
:.
Highland Village Sign Plan, page 8.
ADMINISTRATTON AND ENFORCEMENT
Section 7
�t-��
_.
.__....__...._--- -----
___ ___ . �lae-�xi�g-a��istrator s�alf�enfarce the provisions of this Plan as a supplemenY to Chapter
66, Signs, of the Zoning Code.
VJhenever a permit for a sign in the Highland Village Special 5ign District is required under
the provisions of Chapter 66 of the Zoning Code, such permit shall not be issued unless the
plans for the sign have been approved by the �g �i�it� Admuustratar as in
conformance witlt this plan and ' Chapter
66, Signs.
Section 8
PROCEDURES
Applicataons for signs ��t� in the Highland Village Sign District shall be submitted to the
�a�3g �i�ii�g Administrator. The application shall be accompanied by four (4) copies of
plans of sufficient detail to demonstrate that the proposed signs comply with provis3ons of
this plan and shall include at least the following:
1. A front elevation (front view) drawing of the sign drawn to scale. This can usually
be obtained from the sign company, an architect, or a graphic arts compariy. The
minimum scale is one inch = one foot.
2. Either a front elevation drawing of the building drawn to scale with the proposed sign
located on it (minimum scale 1/4 inch = 1 foot) or a photo of the building frant.
3. A specification sheet describing sign materials, exact letter size, and type of lighting.
. - . _
,: �• - . - -
- - - - - - - �.
4���_ '
A fee to cover the costs of the review shall be established by resolution of the City Council.
Discassion
These amendments reflect the changes that have taken place in the organiza6on and
zesponsibilities of the Planning Division of PED and the Office of License, Inspections, and
Environmental Protection.