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97-1089� � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date � An ordinance amending Chapter 60 of the Saint Paul L.egislative Code pertaining to Zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 60.219. S. (Defuritions) of the Saint Paul Legislauve Code is hereby amended to delete the following definition: �i � 1%��I% %/f%7a�lA/fi�l—%/Si1/II��Iie��R4JCi�5RiNl�l��l��V eRV ��\�llA(��lil�t\7��1�1��.��L.t�It�lY'IIt�Iw1��1V l��l��l�Il Section 2 That Secfion 60.532.(2)(d) (B-2 District) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.532.(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center � sf��;� and which do not provide drive-through window service. Section 3 That Secfion 60.532.(2) (B-2 Dishict) of the Saint Paul Legislative Code is hereby amended to add the following clause: Sec. 60.532.(2) S �.�o S �' ��.� �. - � ( �'i l `� � Council File # 1� — ! Q8q Ordinance # Green Sheet # 3 �9 �q ORDINANCE CITY OF SAINT PAUL, MINNESOTA n. Fully enclosed auto sales when incorporated within a multi-use retail center. 40 Section 4 � �`� } �� ""� � � /a � � � � 41 �`1 -Io� 42 That Section 60.534. (B-2 District) of the Saint Paul I,egislative Code is hereby amended to read as 43 follows: 44 45 Sec. 60.534. Principal uses permitted subject to special conditions. 46 47 The following additional uses shall be permitted, subject to the standards specified for ail special condition 48 uses as set forth in secfion 64300(c). All principal uses permitted subject to special condifions shall be 49 reviewed and approved by the planning commission. 50 51 52 53 54 55 56 5� 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (1) �Z) All uses as permitted and regulated in the B-1 Local Business District under principal uses pemutted subject to special conditions. Open air uses which aze accessory to a principal use pernutted in the district and located on a zoning lot at least 20,000 square feet in area ' as follows: a. Retail sales of plants not grown on the site, lawn furniture, playground equipment, and garden supplies; provided, fuither, that such use shall be located at the end ar reaz of the building. •- - - - - -- -- - - - - - - - -- - - - - -- - - - -- : I��V �'I�1�1l�I�l4R�I�)��(��l�I1lR�i'�'I��if�]�.��5��4\�1K�.�5�1�.��liwi(�i�l�'/lR!��!�l�Ar - -- --- - - - - - - .. - - - -- --- - - -- -- - - - - - - ---� -- ---•-- - ,_- (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commerciai recrea6on when located at least one hundred (100) feet from any front, reaz or side yazd of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. � ---- - - �:..�,� f6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The construcUOn and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications sha11 be developed by the city platuiing coordinator, traffic engineer and city fire marshal, and sha11 be approved by the plamuug comxnission, and filed with the city clerk. 91 92 93 94 95 96 97 98 49 100 101 102 103 104 105 106 107 108 109 110 111 st.bs� _ q��y�q� b. A ten-foot buffer azea with screen planting and an obscuring wall or fence shall be q� ,�� required along any properiy line adjoining an e�sting resident or adjoining vacant land zoned for residential use. c. The miuimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for ineidental servicing of automobiles (including lubricating facilities) and auto convenience matkets may be permitted on a lot of rivelve thousand (12,000) square feet, subject to all other provisions herein required. ¢�j�5� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM- 1 Multifanuly Residen$al District in section 60.443. f$j� Pawn shops when the business is conducted within completely enclosed buildings. f 9j�7,2 Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 5 ll2 That Secfion 61.103. (schedule of regvlations for business districts) of the Saint Pau1 Legislative Code 113 is hereby amended to read as follows: 114 115 Sec. 61.103. Business districts. 116 117 Notes to 61.103 Business Districts: 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 (a) OfF street parking shall be permitted to occupy a required front yard setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any front or side street right-of-way and the off-street parking area setback meets the requirements of secfion 61103(g)�f . (b) No side or reaz yards are required along the interior lot lines of the district, except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and rear yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the reaz yard in accordance with the requirements of section 62.105. (d) The height of the structure may exceed fliirty (30) feet, provided the structure is set back from all properiy lines a distance equal to the height which said structure exceeds the maximum height of building allowed in the district. - • - - - - - - - - - - - - .:. . �_ . {#j� Floor area bonuses, which encourage certain building features which produce public benefits, shall be granted as follows: 5�+.�os�:�w�. -RId41Nj 142 For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: q ,� _' o �� 143 144 Arcade. An "arcade" is a continuous azea open to a sireet or to a plaza, which is open and unobstructed 145 to a height of not less than twelve (12) feet, is accessible to the public at a11 times, and either: 146 147 148 149 150 151 152 153 154 155 156 157 158 159 16� 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 (1) Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thuty (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adj oins), and ea for the full length of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distauce; or (2) On a corner lot, is bounded on rivo (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum dimension of ten (10) feet. Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns sha11 be considered to be part of the area of the arcade for purposes of computing a floor area bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measwed perpendiculaz to the front lot line), with an area of not less than five hundred fifty (550) square feet, and ea�tending for its entire depth along the full length of such front lot line or for a distance of at least foriy (40) feet thereof, whichever is the lesser distance; or (2) A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimutn dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,OQ0) square feet, with a minunuxn dimension af forty (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open azea of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, except for one opening, by either building walls, or building wa11s and a side lot line, shall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza sha11 not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions permitted by the plamuug commission. (�j�t� On those lots or pazcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. {�rj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsection fgj uf above: 193 194 195 196 197 198 199 200 201 202 Csri��7 � ��s-1�:-�,�� _ g � a � � Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevard). � �_ l .��.� '�.. Since B-2C zoned properiy has a residential character, buildings shall maintain a twenty-fiv� foot front setback or meet the requirements of section 61.101(a). Section 6 203 That Secrion 62.104.(13) (off-street parking faciliry standards and design) of the Saint Paul 204 I.egislative Code is hereby amended to read as follows: 205 206 Sec 62.104.(13) 207 208 (13) Landscaping. For any pazking facility, other than a pazking gazage, landscaping sha11 be provided to 209 buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glaze and 210 heat effects of large expanses of pavement; and provide azeas for the retention and absorption of 211 stormwater runoff: All required yazds and any underdeveloped space shall be landscaped using materials 212 such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for 213 more than fifty (50) cars shall contain planted islands. As a minimum, one (1) squaze foot of landscaped 214 azea shall be provided far every ten (10) square feet of paving. A fast-food restaurant that is not part of a 215 retail strip center shall provide, as a minimum, one and one-half (1.5) square 216 feet of landscaped area for every ten (10) square feet of paving. Any landscaped area shall be planted 217 and maintained in accordance with section 62.109. 218 219 Secuon 7 220 221 That Section 60.573. (B-2C District) of the Saint Paul L.egislative Code is hereby amended to read as 222 follows: 223 224 Sec. 6Q.573. Required Conditions. 225 226 The following conditions sha11 be required of all uses in the B-2C Community Business (Converted) 227 District: 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 (1) When existing buildings aze converted from residential to business use, when existing buildings are enlazged, and when new buildings are erected, off-street parking sha11 be provided as follows: �� c. �! Residenrial uses: One and one-half (1 1/2) spaces per dwelling unit. All other uses: One (1) space for every four hundred (400) square feet of gross floor area or as requued in section 62.103(g), whichever is-greafer requires the fewer number of narkin�spaces. Off-street parking spaces sha11 not be located within a front yazd and may be located within two (2) feet of a side lot line. Off-street parking facilifies on lots without principal buildings shall provide principal access from the street. S�bS�:+��. -�Ia�1w� 244 (2) Except for off=street parking or loading, all business, storage, servicing or processing shall be 245 conducted within completely enclosed buildings. �,� , lo S�j 246 247 248 Section 8 249 That Section 62.102(d) (nonconforming uses of land) of the Saint Paul Legislative Code is hereby 250 amended to read as follows: 251 252 Sec.62.102.(d) 253 254 (d) Nonconforming uses of Zand. Nonconfonning uses of land aze subject to the following provisions: 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 A nonconforming use may continue. (1) A nonconforming use sha11 not be enlarged to a greater height nor e�rtended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of this code. �2) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (3) (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. Any land on which a nonconforming use is superseded by a permitted use shall thereafCer conform to the regulation for the district in which such land is located and the nonconforming use may not thereafter be resumed. (5) (6) , An existing off-street pazking space for one and two-fami� dwel in in a required front or side yazd sha11 be considered a leeal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued- or it can be demonstrated by clear and convincing evidence that the parkin�s ace has been in existence and used continuouslXsince October 25 1975. The burden of proof shall be on the properiv owner. 280 281 Section 9 282 283 That Section 62.102.(fl(12) (nonconfornring uses of structures, or structures and land in combination) 284 of the Saint Paul Legislative Code is hereby amended as follows: 285 286 Sec.62.102.(�(12) 287 288 (12) 289 290 291 292 293 294 In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlazged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. � business o�erated out of a residence must meet all home occuparion standards. The residential uses must also meet the requirements (except for lot azea per dwelling unit) of the schedule of regulations, section 61.101, for the district in which the use is first permitted and the requirements for off-street parking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. �� _ �es� 295 296 Seetien-�A S�`bS�� - aia�;�q� 297 298 . 299 . 300 301 . . 302 303 304 305 306 307 308 309 310 311 � ��tA � � • � tl� • • •� �� • � �� • \ �� ' • • • �� r ��1�� t � � �A • � : - .: - : :�. . . � - �. : � : � :. .. . - .� = : . : : . : �.�.. � �� • : . : .��.. . . . � .. r : : :..:.. . .. � .- . .�.� . .� :�� : . u i �- rn� i�i i '� - 'r.m0" � �-" ��- '�r.n • i� ' :i ' �v. _ •" - 'i i .u� .: .�� : : . Secrion i-�10 That Secuon 66.214.(g) (advertising signs - height) of the Saint Paul Legislative Code is hereby 312 amended to read as follows: 313 314 Sec.6b.214.(g) 315 316 (g) Height. The height of adveftising signs may be measured from the grade of the si�n or surface of the 317 roadway, whichever is higher. Surface of the roadwav shall be the main bed of the roadway�from wtuch the 318 s�n is intended to be read. at the location of the si$n. The hei�ht shall not be measured from anv entrance ox 319 exit ramps associated with the roadwaK 320 Section i�l l 321 322 That Section 66.404.(a) (sign ordinance - pernuts) of the Saint Paul L.egislative Code is hereby 323 amended to read as follows: 324 325 326 327 328 329 330 331 332 333 334 335 336 Sec. 66.404.(a) Permits. (a) Application. Applications for sign andJor sign shucture permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addifion at which advertising signs are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construcrion and placing of the display structure. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Permit a�lications for advertising siens along state n�unk highwavs and interstate hi�hways shall be accompanied by proof that the applicant has obtained a permit from the State of Minnesota for the advertising sign• G� —lo� 337 338 339 Section �312 S �.bs�.� 1�.-l�.- ��ay 1 q-`7 This ordinance shall take effect and be in force thirry days from and after its passage, approval, and publication. Dnaneuc� OCT 251997 Requested by Department of: Plannina & Economic Develonment By: By: Appr ay: Form Approved by City ttorney B ��z��. °l-23.9? Approved by Mayor for Submission to Council By: Adoption Cezti£ied by Conncil Secsetary �;� �osq n nhFin ADFFICE/COUNqL DATE INITIATED J � J � J � GREEN SHEET CONTACTPFASON 8 PHONE �AM OR/IS�9�I � �� (� 7 INITIAUDATE EPARTMENT�IRECTO . � CITYCOUNqL 266-6582 ASSIGN � CITVATfORNEV S yi �'^� � GtYCLERK MUST BE COUNCIL A6ENDA BV (DATE) NUNBEH FON HOUTING � BU DIRECTOR � FIN. & MGT. SERVICES DIR. OPUER AYOR (OF ASSIST �. �Q��' (f�' TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) ACTION PE�UESTED: Adopt June, 1997 Minor Zoning Amendments. � RECOMMENDATIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UES710NS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Ha5 thi5 pefsonflifin evef Wo�ketl under a ContfaCt fOf thls department? CIB COMMITfEE YES NO � S7AFF _ 2. Has this personRlrm ever been a city employee? YES NO _ O�STRIC7 COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any curcent city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes enawers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, Whan, VJhere, Why): Needed minor zoning amendments are delayed if done only periodically. ��,r,�� ,'�.�.�, ��v, �o ,`_-: '<,y 1 � . � n ; > P:t�i:; �+ �; E:J:Di ADVANTAGESIFAPPROVED Zoning Code will be kept up-to-date. �c��' �� - �� ;� DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOTAPPROVED: Needed amendments could face long delay. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDItBG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION (EXPLAIN) . ,-. �- c Presented By Re£erred To/ Council File # ��-' �.Q�i� Ordinance # Green Sheet �� 8 9 �� ORDINANCE OF SAINT PAUL, MINNESOTA _ Date 1 2 An ordinance amending Chapter 60 of the Saint Paul I.egislative 3 4 The Council of the City of Saint Paul does ordain: 5 6 Section 1 7 8 That section 60.219. S. (Defuutions) of the Saint Paul gislative 9 following defurition: 10 11 Sec. 60.214. S. 12 . 13 , 14 15 16 ]7 That Section 60.532.(2)(d) (B-2 18 follows: 19 20 Sec.60.532.(2)(d) 21 22 d. Restaurants and fast-food res 23 eenfer and which do not pr id� 24 25 26 Section 2 pertaining to Zoning. Code is hereby amended to delete the of the Saint Paul Legislative Code is hereby amended to read as nts when incorporated within a multi-use retail center er�l�e� ske�ing drive-through window service. Section 3 27 That Section 60.532 )(B-2 District) of the Saint Paul Legislative Code is hereby amended to add the 28 following clause: 29 30 Sec.60.532.(2) 31 32 n. Full enclo d auto s es wh n 33 34 35 Section 4 36 That ection 60.534, (B-2 District} of the Saint Paul Legislative Code is hereby amended to read as follows: 37 38 Sec. 6.534. Principal uses permitted subject to special conditions. 39 40 4J 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7� 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 9'1- taFSq The following addirional uses shall be permitted, subject to the standards specified for all special condition uses as set forth in section 64300(c). All principal uses pernutted subject to special conditions shall be reviewed and approved by the platmiug commission. /4 (1) Ail uses as permitted and regulated in the B-1 Local Business District under cipal uses pemutted subject to special condirions. (2) Open air uses which aze acces o to a rinc' al use ermitted in the dis 'ct and oc ted on a zoning lot at least 20.000 square feet in azea ' � as follows: s a. Retail sales of plants not grown on the site, lawn fuiniture ayground equipment, and garden supplies; provided, fiu that such use shall be ' ated at tlxe end or rear of the building. / (3) Bowling alley, billiazd hall, indoor arche range, indoor tennis courts, racquet ball and hand bali courts, dance hall, electronic game indoar skating rink, or similar forms of indoor commercial recreation when locate � at least one hundred (100) feet from any front, rear or side yard of any residential lot in an ad� cent residential district measured from the closest point of the building in which the use is loc ed to the closest residential property line. ! IYi �M��I�l1�wl�l�l�I�l��lR�I��R�l�1 ee�ter: � Auto conve conditions: auto service stations and auto specialty stores subject to the following a. The nstruction and maintenance of all driveways, curbs, sidewalks, pump islands or oth facilities used in conjunction with the opera6on of the auto service sta6on shall be i ccordance with current city specifications. Such specifications shall be developed by e city plazuiing coordinator, tr�c engineer and city fire mazshal, and sha11 be approved by the planning comxnission, and filed with the city clerk. A ten-foot buffer azea with screen planring and an obscuring wall or fence shall be required along any properiy line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minimum lot azea stiall be fi8een thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no faciliries for incidental servicing of automobiles (including lubricating facilities) a� - to�y 91 ' and auto convenience mazkets may be permitted on a lot of twelve thousand (12,000) 92� squaze feet, subject to all other provisions herein required. 93 94 {�jj� Licensed correctional community residenfial facilities, health departrnent-licensed c� 95 residential facilities and emergency housing facilities subject to conditions as set forth 96 Multifamily Residential District in section 60.443. 97 / 98 f&}� Pawn shops when the business is conducted within completely enclosed buildi . s. 99 100 {�}j(7� Accessory buildings, structures and uses customarily incident to the a 101 102 Section 5 � 103 � 104 That Section 61.103. (schedule of regulations for business districts) of th�lSain 105 hereby amended to read as follows: �' 106 107 Sec. 61.]03. Business districts. 108 109 110 Sec. 61.103. Business districts. iil 112 Minimum Size Maximum Lot Size Pez Height Minimum Yard Setback 113 linit of Structures (Per Lot in Feet) 114 Area in Width " 6ide 11$ Squaze in In In q d� Front Mini• Tota] Rear 116 Zaning DistriM Feet Feet Stories Fe �{ mum of Two 11� 61.103 118 BUSINESS DISTRTCTS 114 OS-1 O�caService none none 3 d 30 d 15 a,� b b 12� B-1 I.ocal Business none none 3 30 15 a, b b IZI $-2 CommunityBusiness none � none SO d, 0�, f b,l�. b,1 122 8-2C Community Business none none 3 30 d 25 H 4 8 (Converted) 123 124 Minimum ue Ma�dmum b,c b,c b,c� 25 1 ZS Lot Siz,e� er Height Minimum Yerd Setback 126 U�'ht of Structures (Per Lot in Feet) 12'J m Width Side 12g are in In In Frant Mini• Total ��' Zoning District eet Feet Sfaries F'eet mum of Two uses. 1 Paul Legislative Code is Maximum Percen[ of Lot 6ccnpied By Main Building none nonz none 309� Maximum Percent oP Lot Occupied By Main Building i29 B-3 General Bueiness none nane d 30 d 0�,f b 6 6,c none 13 � g-q Central Business none none no limit no limit no limit none none none c none 131 B.5 Central Business Se ce none none no limit no limit no limit none none none c none 132 133 134 135 Notes to 61.103 siness Districts: 136 Floor Area Ratio IFAR' 1_0 1.0 2.O�A A NA Floar Area Ratio (FAR) 2.0 S.O�e 137 (a) Off-street parking shall be permitted to occupy a required front yazd setback; provided, that the 138 off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of 139 six (6) feet from any front or side street right-of-way and the off-street pazking azea setback meets 140 the requirements of section 61.103(g)�f . 141 ia2 �t�1- to�f '(b) No side or reaz yazds aze required along the interior lot lines of the district, except as otherwise 143 specified in the building code; provided, that if walls of structures facing such interior lot 1� s 144 contain windows, or other openings, yards of not less than ten (10) feet shall be provided i e 145 and rear yards of at least ten (10) feet shall be required when a business dishict adjoins a s' e yazd 146 in an adjacent residence dishict. 147 148 (c) Off-sireet loading space shall be provided in the reaz yard in accordance with the uirements of 149 section 62.105. 150 151 (d) The height of the shucture may exceed tivrty (30) feet, provided the struc e is set back from all 152 property lines a distance equal to the height which said structure exceed e ma�mum height of 153 building allowed in the district. 154 155 156 , , ' , . . 157 158 {#j� Floor area bonuses, which encourage certain building fea s which produce public benefits, shall 159 be granted as foilows: 160 161 Far the purpose of this bonus provision, an azcade and plaza 11 be defined as follows: 162 163 Arcade.An "azcade" is a continuous area open to a street to a plaza, which is open and unobstnxcted to 164 a height of not less than twelve (12) feet, is accessible to th ublic at all times, and either: 165 166 (1) Adjoins a front lot line or a plaza boun , is not less than ten (10) feet or more than thirty (30) 167 feet in depth (measured perpendiculaz to e front lot line or plaza boundary which it adjoins), and 168 extends for the full length of, or fo (40) feet along, such front lot line or plaza boundary, 169 whichever is the lesser distance; ar 170 171 (2) On a comer lot, is bounded on (2) sides by the two (2) intersecting street lines, and has an azea 172 of not less than five hundred 00) square feet and a minimum dimension of ten (10) feet. 173 174 Such an azcade shall not a' y point be above the levei of the sidewalk or plaza which it adjoins, 175 whichever is higher. An ortion of an azcade occupied by building columns shall be considered 176 to be part of the area o. the azcade for purposes of computing a floor area bonus. 177 178 PZaza. A"plaza" is an open. ` ea accessible to the public at a11 times, which is either: 179 180 (1) A continuous,, pen area along a front lot line, not less than ten (10) feet deep (measured 181 perpendicul to the front lot line), with an area of not less than five hundred fi$y (550) squaze 182 feet, and e nding far its entire depth along the fixll length of such front lot line or for a distance 183 of at leas � oriy (40) feet thereof, whichever is the lesser distance; or 184 185 (2) A co f uous open azea on a through lot, e�ctending from sh to street and not less than foriy 186 (40 feet in width, measured perpendicular to the nearest side lot line; or 187 188 (3) n a corner lot, an open area of not less than three hundred fifty (350) square feet, which is 189 bounded on two (2) sides by the two (2) intersecting street lines and which has a ininimum 190 dimension of ten (10) feet; or 191 192 (4) An open area of not less tt�an four thousand (4,000) squaze feet, with a minimum dimension of �t�- larr� 193 ' foriy (40) feet which is bounded on one side by a front lot line of which is connected to the et 144 by means of an azcade, or by an open azea of not less than thirry (30) feet wide. 195 196 Except for an open azea as set forth in item (4) above, no portion of such an open azea which is b ded on all 197 sides, except for one opening, by either building walls, or building walls and a side lot line, sh e considered 198 part of the plaza, unless the opening of such portion is at least foriy (40) feet in width. 149 200 A plaza shall not at any point be more than five (5) feet above the curb level of the azest adj oining street, 201 and shall be unobstructed from its lowest level to the sky, except for those obsiructions ernritted by the plauniug 202 commission. 203 204 {gj�f� On those lots or parcels, or portions of lots or pazcels, whic adjoin a right-of-way line of a 205 parkway, the required setbacks from the pazkway right-of-wa ine shall be equal to that required 206 for residential uses in effect along the pazkway right-of-w, or twenty-five (25) feet, whichever 207 is greater. 208 209 fkj� Those parkways and portions of parkways liste below are excluded from the setback 210 requirements established in subsection {gj �f� abo : 211 212 Ford Pazkway (from Kenneth Street to Finn S et and north side between Finn Street and Mount 213 Curve Boulevazd). 214 215 Gannon Road. 216 217 f ij(� Since B-2C zoned property has a res ential character, buildings shall maintain a twenty-five-foot 218 front setback ar meet the require ' nts of section 61.101(a). 219 220 Section 6 221 222 That Section 62.104.(13) (off-stree parking facility standards and design) of the Saint Paul Legislative 223 Code is hereby amended to read as fol' ws: 224 225 Sec 62.104.(13) 226 227 (13) Landscaping.For any paz ' g facility, other than a pazking garage, landscaping shall be provided to buffer 228 the facility from adjace ` properties and from the public right-of-way; reduce the visual glaze and heat 229 effects of laxge expan " s of pavement; and provide areas far the retention and absorption of stormwater 230 runoff: All required ds and any underdeveloped space shall be landscaped using materials such as trees, 231 shrubs, sod or gro dcover plants. In addirion to perimeter landscaping, pazking lots for more than fifty (50) 232 cars sha11 conta' ' lanted islands. As a minimum, one (1) square foot of landscaped azea shall be provided 233 far every ten ) square feet of pauing. A fast-food restaurant that is not part of a retail strip center e� 234 sha11 provide, as a minimum, one and one-half (1.5) square feet of landscaped area 235 for every te (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance 236 with secf n 62.104. 237 Section 7 238 239 Th Section 60.573. (B-2C Disuict) of the Saint Paul Legislarive Code is hereby amended to read as 240 follow 241 242 S. 6Q.573. Required Conditions. 243 �'1- 1 D�� 244 ' The following condifions shall be required of all uses in the B-2C Community Business (Convert ) 2,45 District: 246 247 (1) When existing buildings are converted from residential to business use, when e�sting 'ldings 248 are enlarged, and when new buildings are erected, off-street parldng shall be provide follows: 249 250 a. Residenfial uses: One and one-half (1 1/2) spaces per dwelling unit. 251 252 b. All other uses: One (1) space for every four hundred (400) square fe of gross floor area 253 or as required in section 62103(g), whichever is-greate� re uire e f we number of 254 pat ' s aces. 255 256 c. Off=street parking spaces shall not be located withiu a fr t yazd and may be located 257 within two (2) feet of a side lot line. 258 259 d. Of£-street pazking facilities on lots without princip buildings shall provide principal 260 access from the street. 261 262 (2) Except for off-street pazking or loading, a11 business torage, servicing ar processing shall be 263 conducted within completely enclosed buildings. 264 265 5ection 8 266 267 That Section 62.102(d) (nonconforming uses of d) of the Saint Pau1 I.egislative Code is hereby 268 amended to read as follows: 269 270 Sec.62.102.(d) 271 272 (d) Nonconforming uses of land. Nonconformi uses of land are subject to the following provisions: 273 274 (1) A nonconforming use may c ntinue. 275 276 (2) A nonconforming use sball not be enlazged to a greater height nor extended to occupy a greater 277 area of land than was ' cupied at the effective date of adoption or amendment of this code. 278 279 (3) A nonconforming, se shall not be moved in whole or in part to any other portion of the lot. 280 281 (4) If such nonco orxning use of land ceases for any reason for a period of ninety (90) days or more, 282 any subseq , nt use of such land shall conform to the regulations specified by this code for the 283 district in 'ch such land is located. This is not intended for those uses which remain on the land 284 but who activity may cease for a period longer than ninety (90) days, due to reasons associated 285 with - customary operafion of such use. 286 287 (5) land on which a nonconfornvng use is superseded by a permitted use shall thereafter confoxm 288 o the regulation for the district in which such land is located and the nonconforming use may not 289 thereafter be resumed. 290 291 (6 , An existing off-street parking space for one and two-familv 292 dwel in s in a required front or side yard shall be considered a leeal nonconforming use provided 293 the parking space was established pursuant to a curb cut pernvx issued by the department of public 294 works prior to October 25, 1975, and the pazldng space has been continuous since the permit was �t�- �osq 295 ' issued.- or it can be demonstrated by cleaz and convincine evidence that the pazking space has been 296 in existence and used conrinuouslv since October 25. 1975. The burden of proof shall be on the 297 property owner. 298 Section 9 299 300 That Section 62.102.(�(12) (nonconforming uses of structures, or structures and land in co mation) 301 of the Saint Paul Legislative Code is hereby amended as follows: 302 303 Sec.62.102.(�(12) 304 305 (12) In any RM-3, OS-1, B-i, B-2, B-3, I-1, or P-1 district, e�sting residential uses may enlazged, extended, 306 recons�tn.icted or altered provided no additional dwelling units aze added on the lo . Any business o�erated 307 out of a residence must meet all home occupation standards. The residenti uses must also meet the 308 requirements (except for lot azea per dwelling unit) of the schedule of re ions, section 6l .101, for the 309 district in which the use is first pernutted and the requirements for of treet parking, section 62.103. 310 Reconshuction of the uses must begin within one (1) year of the remo of the buildings. 311 312 Secrion 10 313 314 That Section 62.103.(fl(3)(d) (rules for computing required ' king) of the Saint Paul I.egislative Code 315 is hereby amended to read as follows: 316 317 Sec.62103.(�(3)(d) 318 319 d. Expansion of a licensed shucture with an on-sale in xicating liquor or an entertainment license, or a new 320 on-sale liquar license, or an upgrade in an entertainment license, when located 321 within six hundred fifty (650) feet of another ex' ting establishment with an on-sale intoxicating liquor or 322 entertainment license shall provide an additi al fifteen (15) percent of any parking shortfall. 323 324 Section 11 325 326 That Section 66.214.(g) (advertising gns - height) of the Saint Paul I.egislative Code is hereby amended 327 to read as follows: 328 329 Sec.66.214.(g) 330 331 (g) Height. The height of advertis' �g signs may be measured from �g grade of the si�n or surface of the roadway, 332 whichever is higher. Surface; f the r adwa shall be the main bed of the roadwa from whic the si n is 333 intended to be read at the loc 'on of the si . The hei ht sha11 not be measured from an entrance or e�t ram s 334 associated with the roadw . 335 Section 12 336 337 That Section 6.404. (a) (sign ord'niauce - pernuts) of the Saint Paul I,egislative Code is hereby amended 338 to read as follows• 339 340 Sec.66.404.( Permits. 341 342 (a) pplication. Applicarions for sign and/or sign structure permits shall be submitted to the zoning 343 a � trator. Each application sha11 contain the names and addresses of the owners of the display structure and 344 property; the address at which any signs are to be erected; the lot, block and addition at which advertising signs 345 are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary �'L-- lo � 346 elevations, distances, size and details to fully and cleazly represent the construction and placing of the dispiay 347 structure. Structural plans aze required for all freestanding signs greater than fifty (50) square feet. Permit 348 an�lications for advertising siens along state ri•unk highwavs and interstate hi�l�ys shall be accom�anied by 349 proof that the applicant has obtained a permit from the State of Minnesota for the advertisine sien. 350 351 Section 13 352 353 This ordinance shall take effect and be in force thirty days from and after its passage, a oval, and publication. Adopted by Council: Adoption Certi£ie�by Council Secretary By: RequesCed by Department of: Plannina & Economic Develooment s By: �� Forn Approved by�P"iayor: Date Appx By: / By: �wbsf�� 3�1 �1��9� ��a-� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: TO: FROM: RE: September 23, 1997 CouncIl Member Blakey Peter VT. Warner, CAO Council Agenda Item No34. Council File No. 97-1089. Council Session: 9-24-97 Dear Council Member Blakey: Attached please fmd a substitute copy of Council File No. 97-1089. I am submitting this substitute version to you at the request of the Departments of Licenses, Inspections and Environmental Protection and Plamiing and Economic Development. Staff from both of the above named departments felt that Section 10 of Council File No. 97-1089, (proposing amendments to Saint Paul I.egislative Code § 62.103(fl(3)(d) as it pertains to computing required parking at on-sale liquor or entertainment establishments), required additional examination to insure enforcement of the regulations contained therein. Accordingly, and on behalf of LIEP and PED, we respectfully request that you introduce the attached, subsritute version of Council File No. 97-1089. This subsdtute version, aside from the deleuon of Section 10 (and the accompanying renumbering of subsequent sections), remains the same as the version presented at the first and second readings of this proposed ordinance.. In the meantime, staff from LIEP and PED have agreed to review the present language of the subject ordinance and resubmit what ever changes they make for consideration at a subsequent time. If you have any questions, please do not hesitate to contact me. ��/,'�/crv,.�.� �?— 23-5 � Thank you. cc: Wendy Lane, LIEP Kady Dadlez, PED �'1-1o�q CTTI' OF SAINT PAITL 390 Ciry Hali Telephane: 6I2-266-85I0 Norm Colemart, Mayor IS West Kellagg Boulevard Facsimile: 612-228-8513 Sa'u¢ Pau[, MNSSIO2 August 13, 1997 Council President David Thune and Members of the Saint Paul City Council 15 West Kellogg Boulevazd 3rd Floor City Hall-Court House Saint Paul, Minnesota 55102 Dear President Thune and Members of the City Councii: Beginning in 1982, the Planning Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, eta There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cazry-out newly adopted plans, clarify regulations, cosect errors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission considers and recommends to the City Council minor zoning amendments several times each year. The current Minor Zoning Amendment recommendations are attached (June, 1997). They concern planned shopping centers, parking requirements in B-2C zoning districts, front and side yard parking, parking requirements for liquor license upgrades, measuring the height of advertising signs, and requiring applicants to obtain state permits for advertising signs before applying for city permits. Please note that the first amendment proposed in the report, modifying home occupation requirements, was not recommended for adoption by the Planning Commission at this time. The Commission felt that the entire home occupation section should be reviewed in light of the changes taking place with telecommuting and home offices. The Zoning Committee of the Planning Commission held a public hearing on the proposed amendments on July 3, 1997. The Commission recommended their approval, except for the one relating to home occupafions, on 7uly 11, 1997, as set forth in the attached resolution. I am pleased to transmit these amendments to you for your review and approval. Sincerely, N��l�--� Norm Coleman Mayor NC:kd �'I - 1o�sq city of saint paul pianning commission resolution file number 97-47 �te July 11, 1997 MINOR ZOIVING AMENDMENTS JUNE 1997 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendmenu to the Mayor and Ciry Council is the most desirable way to keep the zoning code as current as possible; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission held a public hearing on proposed minor zoning amendments concerning planned shopping centers, parking in B-2C districts, front and side yard parking as it relates to driveways, home occupations in commercial and industrial zoning districts, parking requirement for liquor license upgrades, and regulation of advertising signs, at its July 3, 1497 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 impractical; 2. That a survey of an area 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 May 28, June 4, and June 11, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends approval of the following zoning code amendments in the "Minor Zoning Amendments June 1997" study pertaining to planned shopping centers, pazking in B-2C districts, front and side yazd parking as it relates to driveways, home occupations in commercial and industrial zoning districts, pazking requirement for liquor license upgrades, and regulation of advertising signs, and directs the Planning Admuristrator to forwaid the study and this resolution to the Mayoz and City Council for their review and action. moved by �au�t seconded by in favor U�us against . � r1- tQ�9 MINUTES OF THE ZONING CONL�I2TTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JULY 3, 1997 PRESENT: Mmes. Faricy and Wencl; Messrs. Chavez, Fie1d, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mme. Lane, LIEP; and Mmes. Dadlez and Kaplan and Mr. Ryan of the Zoning Office of PED, ABRENT: Gordon, excused The meeting was chaired by Litton Field, Chairperson. MTNOR ZONING TFXT AMENDMENT iTNF i997 Kady Dadlez, Zoning Office staff of PED, reviewed the sta£f report. 1. MOD=FY THE HOME OCCIIPATIQN REQUIREMENTS TO CLARIFY TFiAT TEACAING TO ON8 PARTY AT A TIME IS ALLOWED BIIT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOVIED, Wendy Lane, LIEP, explained that some latitude exists with the reference to °one party" per employee and what constitutes.a party. Two piano students that are working on a duet could be considered one party; so too could a counselor which counsels a family; or a tax person who deals with partners in a£irm; all could qualify as one party, and some discretion would be allowed. Commissioner Vaught didn't see one party being interpreted that broadly, and was concerned regarding the potential for variation in interpretation within the office of LIEP. He also believed triat the 1'anguage to be too restrictive. He said that if what is meant is to allow it to be more expansive than the language should state that. Commissioner Kramer suggested that better language could be arrived at and that time would allow for that redrafting. Commissioner Wencl asked why LIEP initiated this zoning text amendment. Ms. Lane noted that en£orcement of such matCers is only done on a complaint basis, and gave two examples of what initiated the proposed amendment. 1) An aerobics studio operated out of a home which drew a large number of persons on a regular basis; and 2) A nutrition class - where someone came in and taught macrobiotic cooking and had nutrition-related classes which generated a number of complaints. AlChough LIEP has cited for these homeowners that they are not allowed to serve more than one party per employee, and were successful in restricting both_of those types of businesses under the current language, LIEP would like language that addresses classes in the ordinance. Commissioner Chavez gave an example of being a distributor for Amway for instance, and warehousing thz products in the home, and provide classes on distributorships with people coming in, and asked if the language prohihits such activities. Ms. Lane said that it does prohibit such activity if a a a�'� — 1 Ob� complaint was made, and that retailing and wholesaling is not permitted out of a home. Commissioner Vaught said he could understand the example of two persons as one party; however he was not so sure he would want to prohibit a small group of four unrelated people. There was some discussion regarding the examples given by Ms. Lane. She said that perhaps £urther examination need be given the definition of a"party". Commissioner Vaught suggested that the issue of home occupations be looked at as home occupations will only increase over time. Ms. Lane noted that LIEP would also like to look at vehicles associated with home businesses as they have had difficulty with enforcement given St. Paul's current language. Commissioner Kramer considered that perhaps instead of rewriting the home occupation section, that language be added stating that home occupations which serve more than x number of people aC the same time are not considered a home occupation. Commissioner Gurney said triat as an inspector he didn't believe a ttome occupation would be strictly enEOrced unless a neighbor called in a complaint, and that inspectors would often try to mitigate such a situation, and he was comfortable with the existing language. Commissioner Vaught said he didn't think anything should be in the code that allows discriminatory enforcement. Commissioner Wenc1 asked whether any time limitation was present in this amendment and it was determined that there was no time limit. She suggested that the language be relooked at by staff, with more consideration given to other home occupations in terms of technology and computers, that will be a part of the future home occupations. The committee directed further review by staf£ and that this matter be given further consideration at a future discussion o£ minor zoning text amendments. 2. ELIMINATE PLANNED SHOPPING CENTER AS A IISE PERMITTED SIIBJECT TO SPECIAL CONDITIONS. There was no discussion. Commissioner Vaught moved approval. Commissioner Kramer seconded the motion. The motion carried with a unanimous voice vote. 3. CLARIFY THE PARKING REQIIIREMENT IN B-2C ZONING DISTRICTS There was no discussion. Commissioner ICramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unanimous voice vote. 2 �� os� 4. SIMPLIFY THE PROCESS FOR DfiTERMINING WHETHER E%ISTING DRIVEWAYS pRR NONCONFORMING AND TH$REFORE MAY CONTINIIE. Commissioner Kramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unaaimous voice vote. 5. REQIIIRE HOME OCCIIPATIONS IN EX15TING DWELLZNG IINITS IN COMM$RCIAL AND INDIISTRIAL ZONING DISTRICTS TO BE SIIBJECT TO THE REQIIIREMENTS FOR HOME OCCIIPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS. There was a brief discussion providing clarification of what is recommended. Commissioner ICramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 6. MODIFY THE SECTION ABOIIT HOW TO CALCIILATE PARKING REQIIIREMENT FOR LIQIIOR LICENSE IIPGRADES. There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 7. CLARIFY HOW THE HEIGHT OF AN ADVERTISING SIGN IS MEASIIRED There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 8. AMEND SIGN ORDINANCE TO REQIIIRE APPLICANTS TO OSTAIN A STATE PSRMIT FOR AN ADVERTSSING SIGN BEFORE THfiY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. � There was a brief discussion regarding LIEP's sign ordinance procedures. Ms. Lane reported that procedures have been drafted and are in the process of being finalized. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. Drafted by: Submitte by: �"^'"""�� Donna Sanders Kad�lez Recording Secretary q� _ j�� MINOR ZONING AMENDMENTS JITNE 1997 q �, �� MIl�TOR ZONING AMENDMENTS dUNE 1997 1. MODIFY THE HOME OCCUPATION REQLTIREMENTS TO CLARIFY THAT TEACHING TO ONE PARTY AT A TIME IS ALLOWED BUT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOWED Sec.60.412('n (7) Home occupations wttich aze compatible with other residential uses and which maintain and preserve the character of residential neighborhoods subject to the following requirements: a. A home occupation shall not involve the conduct of a retail or wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the properry. b. A home occupation may include professional offices, small service establishments or offices, or homecrafts which are typically considered accessory to a dwelling unit. c. A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or garages. d. All home occupation activities in dwelling units of less than four thousand (4,000) square feet of total living azea, excluding a cellar and attic, shall be conducted by no more than two (2) persons, one of whom shall reside within the dwelling unit. All home occupation activities in dwelling units of four thousand (4,000) or more square feet of total living azea, excluding a cellaz and attic, shall be conducted by no more than three (3) persons, one of whom shall reside within the dwelling unit. e. No stnxctural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation. f. Service and teachine occupations shall serve no more than one pariy per employee at a time and shall not serve groups or classes. g. There sha11 be no exterior storage of equipment or supplies associated with the home occupation nor parking of more than one business caz, pickup truck or smail van nor any additional vehicles except those for pernutted employees identified under paragraph d. ��-�o�y h. There shall be no detriments to the residential chazacter of the neighborhood due to noise, odor, smoke, dust, gas, heat, glaze, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any other annoyance resulting from the home occupation. A home occupation may have an identificarion sign no larger than two (2) square feet in azea, w}uch sha11 not be located in a required yard. Home occupations for handicapped persons that do not meet these conditions may be reviewed by the boazd of zoning appeals which may modify or waive the requirements a through g. Discussion This amendment codifies LIEP's interpretation of the home occupation ordinance that teaching as a home occupation is okay as long as it is with one pariy at a tnne and not with groups or classes. This is consistent with existing language in the zoning code. 2. ELINIINATE PLANNED SHOPPING CENTER AS A USE PERMITTED SUBJECT TO SPECIAL CONDITIONS �I � --- . - -- - - -- - -- - -- - - - Sec.60.534 Principal uses permitted subject to special conditions. The following additional uses shall be perxnitted, subject to the standards specified for a11 special condition uses as set forth in section 64300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as pernutted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. (2) Open air uses which aze accessorv to a�rincipal use permitted in the district and located on a zonin� lot at least 20.000 square feet in area �� ske�-eer�er- as follows: a. Retail sales of plants not grown on the site, lawn fuiviture, playground equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. •-- -- - - - --- - - - - • - --- -- -- - - - - - - - L, � �►-�- ��y - .: - --- -- - - - - - -- -..:.: .: - - - -- - - -- -- - - - - -- - - - -:- - -- ---- --- - - -- - - - - - - -- - ---- .. -- --- - �- (3) Bowling alley, billiazd hall, indoor azchery range, indoor tennis courts, racquet ba11 and hand ball courts, dance hall, electronic game room, indoor skating rink, or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz or side yazd of any zesidential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. : . -- --- - -•--- > (-6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The conshuction and maintenance of a11 driveways, curbs, sidewalks, pump islands or other facilifies used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traffic engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minnnum lot area sha11 be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stafions which are intended solely for the sale of gasoline, oil and minor accessories and having no facilifies for incidental servicing of automobiles (including lubricating facilities) and auto convenience markets may be pernutted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. ��, � ° t'1 - 1 ��y (�j� Licensed correctionai community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Multifamily Residential District in section 60.443. {$j�6,� Pawn shops when the business is conducted within completely enclosed buildings. f9j� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximum Lot Size Per Height Minimum Yard Setback percent ot F'loor linit of Structures (Per Lot in FeetJ y�t Area Area in Width Side Occupied itatio � Sqvare in In i Front Mini- Total ReaT BY Main IFAR� Zoning District Feet Feet Stories Feet mum of Two Building 61.103 BUSINESS DISTRICTS O&1 Ofl'iceService none none 3 d 30 d F15 a,g b b b,c none 1.0 B-1 Loca1 Business none none 3 30 p15 a,g b b b,c none 1.0 B•2 Community Business none none d,e 30 d� ¢ 0-e�� b,e . b� b,cb� none 2.0 B-2C Community Bveiness none none 3 30 d 25 h 4 S 25 309c NA (Convertedl Minimum Size Marimum Maximum Lot Size Per Height Minimum Yard Setbeck percent of Floor Unit ot Structures (Per Lot in Feet) �t Area Area in Width Side Occupied Ratio Square in In In Front Mini- Total Reai' By Main fFARI Zoning District Feet F'eet Stories Feet mum of Two Building B-3 General Buainess none none d 30 d p 0-g b b b,c none 2.0 &4 Centra] Business none none na limit no limit no limit none none none c none 8.0-F? B•5 Central Business Service none none no limit no limit no limit none none none c none 5.048 'Q .!� q�- t�fiy Notes to 61.103 Business Districts: (a) Off-street pazking shall be pernutted to occupy a required front yazd setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a m;n;mum distance of six (6) feet from any front or side street right-of- way and the off-street pazking azea setback meets the requirements of section 61.103(g} t�. (b) No side or reaz yazds aze required along the interior lot lines of the district, except as othenvise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and reaz yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the rear yazd in accordance with the requirements of section 62.105. (d) The height of the structure may exceed thirty (30) feet, provided the structure is set back from all property lines a distance equal to the height which said structure exceeds the masimum height of building allowed in the district. - ' - --- ----- -- -- - - --- -- - - --- -- -- -- -TlFlS!lRrF�!�!1F�G> ' _. ""_" _ _ • "" '__" ' "" '_" _"' ' "" '_ "_' "" "" f___ " • {#j{� Floor area bonuses, which encourage certain building feahxres which produce public benefits, shall be granted as follows: For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: Arcade. An "azcade" is a continuous azea open to a street or to a plaza, which is open and unobstructed to a height of not iess than twelve (12) feet, is accessible to the public at all times, and either: (1) Adjoins a front lot lane or a plaza boundary, is not less than ten (10) feet or more than thirry (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adjoins), and extends for the fulllength of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or (2) On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an azea of not less than five hundred (500) squaze feet and a minimunn dimension of ten (10) feet. , o. ��-10�1 Such an arcade sha11 not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns shall be considered to be part of the azea of the arcade for purposes of computing a floor azea bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front lot line), with an azea of not less than five hundred fifty (550) squaze feet, and extending for its entire depth along the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser distance; or (2) A continuous open azea on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open azea of not less than three hundred fifty (350) squaze feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimum dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,000) square feet, with a minimum dimension of foriy (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open area of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open azea which is bounded on all sides, except far one opening, by either building wa11s, or building walls and a side lot line, srAall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza shall not at any point be more than five (5} feet above the curb level of the neazest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions pemritted by the planning commission. (�j� On those lots or pazcels, or portions of lots or pazcels, which adjoin a right-of-way line of a parkway, the required setbacks from the pazkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of- way or twenty-five (25) feet, whichever is greater. fkj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsecfion (gj �f above: 0 �- a-�- �os-� Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevazd). C ,�� '�.�� (#j� Since B-2C zoned properry has a residential chazacter, buildings shall maintain a twenty-five-foot front setback or meet the requirements of section 61.101(a). Discussion There is no appazent need for planned shopping center in the zoning code. A planned shopping center requires a special condition use pernut (with no conditions specified) and there aze restrictions placed on height, setbacks, and floor area ratio. If there aze no benefits derived from being considered a planned shopping center, property will be developed that avoids meeting this definition (i.e., Midway Shopping Center, Seegaz Square). 3. CLARIFY THE PARKING REQUIREMENT IN B-2C ZOIVING DISTRICTS Sec.60.5'73 Required Conditions. The following conditions shall be required of all uses in the B-2C Community Business (Converted) District: (1) When existing buildings aze converted from residential to business use, when existing buildings are enlarged, and when new buildings are erected, off-street pazking shall be provided as follows: a. Residential uses: One and one-half (1 1/2) spaces per dwelling unit. b. All other uses: One (1) space for every four hundred (400) squaze feet of gross floor area or as required in secfion 62.103(g), whichever isgreater reauires the fewer number of parking spaces. c. Off-street parking spaces shall not be located within a front yazd and may be located within two (2) feet of a side lot line. d. Off-street parking facilities on lots without principal buildings shall provide principal access from the street. (2) Except for off-street pazking or loading, all business, storage, servicing or processing shall be conducted within completely enclosed buildings. ...,; ��- ��`t Discussion This secrion is confusing since it is uncleaz what greater means. Does it mean the greater pazking ratio or the greater number of parking spaces? The intent of this secuon of the code was to require fewer pazking spaces in B-2C zoning dishicts than what would be required for the same uses in other zoning districts.. LIEP has consistently interpreted this to mean that whichever method requires the fewest number of parking spaces should be used. This amendment clarifies that interpretation. For example, if a retailer wishes to establish a 1,000 squaze foot facility in a B-2C zone, is the pazking requirement 4 spaces: 1 space per 225 square feet of azea (the requirement for retail stores in general) or is the requirement 3 spaces: 1 space per 400 square feet of azea (the requirement noted in the B-2C section). Does greater mean 4 spaces versus 3 spaces or 225 versus 400 square feet? The amendment clarifies that in this case 3 spaces would be required. 4. 5IMPLIFY THE PROCESS FOR DETERMINING WHETHER EXISTING DRIVEWAYS ARE NONCONFORMING AND THEREFORE MAY CONTINUE Sec.62.102(d) (d) Nonconforming uses of land. Nonconforming uses of land aze subject to the following provisions: (1) A nonconforming use may continue. (2) A nonconforming use sha11 not be enlarged to a greater height nor extended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of tlus code. (3) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land sha11 conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. (5) Any land on which a nonconforming use is superseded by a pernutted use sha11 thereafter conform to the regulation for the dishict in which such land is located and the nonconforming use may not thereafter be resumed. G,� - (0��1 (6) ,_ existing off-street pazking space for one and two-family dwellines in a required front or side yazd shall be considered a le¢al nonconfonning use provided the pazking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued: or it can be demonstrated by cleaz and convincing evidence that the pazkingspace has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the � or roertv owner. Discussion There has been considerable concern raised recently with the residential street paving program about front and side yazd parking. When planning for residential street paving projects public warks will not design a curb cut for a residential drive way that provides parking in the front or side yard unless there is proof that the existing curb cut was installed with required city permits. Many residents have had to go the Board of Zoning Appeals to seek variances to retain front and side yard pazking. This amendment allows the zoning administrator to make a determination as to the nonconforming status of front or side yazd parking in instances where there is not evidence of a permit from the department of public works. This will lessen the need for variance requests and reduce the cost and inconvenience to city residents. 5. REQUIRE HOME OCCUPATIONS IN EXISTING DWELLING IJNITS IN COMMERCIAL AND INAUSTRIAL ZONING DISTRICTS TO BE SUBJECT TO THE REQUIREMENTS FOR HOME OCCUPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS Sec.62.102(12) (12) In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlarged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. Any business operated out of a residence must meet all home occupation standards. The residenrial uses must also meet the requirements (except for lot area per dwelling unit) of the schedule of regulations, section 61101, for the district in which the use is first permitted and the requirements for off-street pazking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. Discussion The intent of this minor zoning amendment is to aliow businesses to be operated from dwelling units in commercial and industrial zoning districts as long as the nature of the business falls within the standards for home occupations. If the property owner wishes to operate a business that does not fall within the home occupation standazds then the properry must be converted to a use pernutted in the zoning district and the required pernuts, licenses, and certificates of 0 �('1 I oF��l occupancy, must be obtained and accessibility standards met. When the nonconfonuing section of the code was revised last yeaz the reference to the need for residential dwellings in business/industrial districts to meet the home occupation requirements was eliminated. The new language in the code only requires compliance with the schedule of regulations (height, setbacks, density) and pazking. This amendment would make it clear that the home occupation regulations apply to dwelling units in commercial and industrial zoning districts. In instances where dwelling units aze located in business or industrial zoning districts, the principal use of the properry must be either a mixed residentiaUcommercial use or a residence. If the principal use is a mixed use building, the use is a permitted use. If the principal use is residential then the use is nonconforming in the zoning district. If a residential principal use in a commercial or industrial district 3s converted to a mixed commerciaUresidential use, the building must meet building code standazds (i.e., accessibility, requires a certificate of occupancy, requires a license, etc.). However, there aze instances where property owners wish to operate, from their dwelling unit, the type of commercial or industrial use that is not permitted as a home occupation and is only permitted as a principal use in a business or industrial district (particularly with regard to outside storage). In these instances, properiy ownexs sometimes do not want to make the changes necessary to convert the dwelling to a business. This amendment makes it clear that the home occupation standazds apply to dwelling units in commercial and industrial zoning districts. 6. MODIFY THE SECTION ABOUT HOW TO CALCULATE PARKING REQUIREMENT FOR LIQUOR LICENSE UPGRADES Sec.62.103(�(3)(d) d. Expansion of a licensed structure with an on-sale intoxicating liquor or an entertaimuent license, or a new on-sale lic�uor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertaimnent license shall provide an additional fifteen (15) percent of any parking shortfall. Discussion This section indicates the pazking required for upgrades in liquor license, however, there are not multiple grades of liquor licenses. This amendment reflects that case. 10 �� -1��y 7. CLARIFY HOW THE HEIGI3T OF AN ADVERTISING SIGN IS MEASURED Sec.66.214(g) (g) Height. The height of advertising signs may be measured from the grade of the sian or surface of the roadway, whichever is higher. Surface of the roadway shall be the main bed of the roadw�. from which the sign is intended to be read. at the location of the sign. The height shall not be measured from anv entrance or exit ramps associated with the roadwa� Discussion This amendment addresses an issue raised by a case recenUy before the zoning committee. This amendment codifies the zoning administrator's interpretation of this section. 8. AMEND SIGN ORDINANCE TO REQUIRE APPLICANTS TO OBTAIN A STATE PERNIIT FOR AN ADVERTISING SIGN BEFORE TI�EY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. Sec. 66.404. Permits. (a) Application. Applications for sign and/or sign structure permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addition at which advertising signs are to be erected and the street on which they are to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construction and placing of the display struchxre. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Pernut a�plications for advertisin� signs alon� state tnmk highways and interstate highways sha11 be accompanied bv nroof that the ap�licant has obtained a�ermit from the State of Minnesota for the advertising sien• (b) Consent. Applicafions for signs and/or sign structures erected, maintained or used for the public display of posters, painted signs oz reading material shall be accompanied by an affidavit of a lease in force or deed indicating the consent of the owners of the property on which the display structure is to be erected. (c) Advertising sign bond.• (1) The owner or persons in control of each and every advertising sign maintained within the limits of the City of Saint Paul shall file a bond in the sum of rivo thousand dollazs ($2,000.00) for each and every advertising sign. The bond shall be conditioned to indemnify and save the City of Saint Paul hamiless from all damages, costs and eapenses, actions and causes of action that the city may incur 11 7.5 �'i_lo�� or be liable to incur by reason of construction, maintenance or removal of any advertising sign. (2) In lieu of the two thousand dollars ($2,000.00) bond required above, the owner may provide a bond covering all advertising owned or in control of any person, firm or corporation wluch shall be in the amount of twenty-five thousand dollars ($25,000.00) and shall be filed with the city. Tlus bond shall be conditioned as stated above. (3) All bonds shall be kept in force as long as the advertising signs aze maintained. If any of the bonds becomes dischazged by reason of nonpayment, liability, lapse of time for any reason whatever, the same sha11 be renewed 'uxunediately. If the bonds aze not renewed upon demand, the advertising signs for which said bonds were enacted may be summarily removed by the city. Discussion There has been difficulty when the city issues a pernut for an advertising sign to be located along a state trunk highway or interstate highway to one company and the state issues a pemut for an advertising sign located along the same state truuk highway or interstate.highway to a different company. Requiring the applicant to obtain approval from the state before applying to the city will help to eliminate tlus confusion. 12 -,,, �'t _ lo� Additions to the proposed minor zoning amendments for June 1997 Amendment #2 (planned shopping center) Secfion 60.532(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center at and which do not provide drive-through window service. Section 62.104(13) (13) Landscaping. For any parking facility, other than a parking gazage, landscaping sha11 be provided to buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glare and heat effects of large expanses of pavement; and provide azeas for the retention and absorption of stormwater runoff. All required yards and any underdeveloped space shall be landscaped using materials such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for more than fifty (50) cars sha11 contain planted islands. As a minunum, one (1) square foot of landscaped azea shall be provided for every ten (10) square feet of pauing. A fast-food restaurant that is not part of a retail strip center shall provide, as a minimum, one and one-half (1.5) squaze feet of landscaped azea for every ten (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance with section 62,109. Discussion These aze two references to planned shopping center that should be eliminated along with the other references. Section 60.532(2)(n) (B-2 permitted uses) n. Fullv enclosed auto sales when incor�orated within a multi-use retail center. Discussion Staff recommends that the language above be added to the code to allow for the e�sting cases where there is fully enclosed auto sales. This will ensure that those uses do not become nonconfonuiug with this amendment. 13 � r� r l o�� {�jj� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Muitifamily Residential Aistrict in section 60.443. �8jf� Pawn shops when the business is conducted withiu completely enclosed buildings. {9j�7� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximssm Lot Size Per Height Minimum Yard Setback percent of Floor linit oCStructures (Per Lot in FeeU y Area " Area in Width Side Oecvpied Ratio Square in In In Front Mini• Total Rear BYMain tFAR; Zuning DistriM Feet Feet Staries Feet mum of Twa $uilding 6i.303 BUSINESS DISTF2ICTS O&1 Office-Service none none 3 d 30 d E15 e,g b b 6,c none 7.0 $�1 I.oral Business none none 3 30 p15 a,g b b b,c none 1,0 B•2 Community Business none none d, 30 db� � 0.e�g— b, . b!� b,cl� none 2.0 B•2C Community 8usiness none none 9 30 d 25 h 4 8 25 309c NA (ConveRed) Minimum Size Maximum Maximum Lot Size Per Fieight Minimum Yatd 3etback percent of Floor L3nit of Structures (Per Lot in Feet) �� prea Area in Width Side Occupied Ratio Squere in In In Fzont Mini- Total �' BY Main (FARI ZoningDiatrict Feet Feet SWries Feet mum ofTwo Bssilding B3 General Buainess none none d 30 d€ Og 6 b b,c none 2.0 B-4 Central Business none none no limit no limit no limit none none none c none 8.0{2 B-5 Central Business Service none none no limit no limit no Simit none none none c none S.Of? C� "�c � � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date � An ordinance amending Chapter 60 of the Saint Paul L.egislative Code pertaining to Zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 60.219. S. (Defuritions) of the Saint Paul Legislauve Code is hereby amended to delete the following definition: �i � 1%��I% %/f%7a�lA/fi�l—%/Si1/II��Iie��R4JCi�5RiNl�l��l��V eRV ��\�llA(��lil�t\7��1�1��.��L.t�It�lY'IIt�Iw1��1V l��l��l�Il Section 2 That Secfion 60.532.(2)(d) (B-2 District) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.532.(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center � sf��;� and which do not provide drive-through window service. Section 3 That Secfion 60.532.(2) (B-2 Dishict) of the Saint Paul Legislative Code is hereby amended to add the following clause: Sec. 60.532.(2) S �.�o S �' ��.� �. - � ( �'i l `� � Council File # 1� — ! Q8q Ordinance # Green Sheet # 3 �9 �q ORDINANCE CITY OF SAINT PAUL, MINNESOTA n. Fully enclosed auto sales when incorporated within a multi-use retail center. 40 Section 4 � �`� } �� ""� � � /a � � � � 41 �`1 -Io� 42 That Section 60.534. (B-2 District) of the Saint Paul I,egislative Code is hereby amended to read as 43 follows: 44 45 Sec. 60.534. Principal uses permitted subject to special conditions. 46 47 The following additional uses shall be permitted, subject to the standards specified for ail special condition 48 uses as set forth in secfion 64300(c). All principal uses permitted subject to special condifions shall be 49 reviewed and approved by the planning commission. 50 51 52 53 54 55 56 5� 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (1) �Z) All uses as permitted and regulated in the B-1 Local Business District under principal uses pemutted subject to special conditions. Open air uses which aze accessory to a principal use pernutted in the district and located on a zoning lot at least 20,000 square feet in area ' as follows: a. Retail sales of plants not grown on the site, lawn furniture, playground equipment, and garden supplies; provided, fuither, that such use shall be located at the end ar reaz of the building. •- - - - - -- -- - - - - - - - -- - - - - -- - - - -- : I��V �'I�1�1l�I�l4R�I�)��(��l�I1lR�i'�'I��if�]�.��5��4\�1K�.�5�1�.��liwi(�i�l�'/lR!��!�l�Ar - -- --- - - - - - - .. - - - -- --- - - -- -- - - - - - - ---� -- ---•-- - ,_- (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commerciai recrea6on when located at least one hundred (100) feet from any front, reaz or side yazd of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. � ---- - - �:..�,� f6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The construcUOn and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications sha11 be developed by the city platuiing coordinator, traffic engineer and city fire marshal, and sha11 be approved by the plamuug comxnission, and filed with the city clerk. 91 92 93 94 95 96 97 98 49 100 101 102 103 104 105 106 107 108 109 110 111 st.bs� _ q��y�q� b. A ten-foot buffer azea with screen planting and an obscuring wall or fence shall be q� ,�� required along any properiy line adjoining an e�sting resident or adjoining vacant land zoned for residential use. c. The miuimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for ineidental servicing of automobiles (including lubricating facilities) and auto convenience matkets may be permitted on a lot of rivelve thousand (12,000) square feet, subject to all other provisions herein required. ¢�j�5� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM- 1 Multifanuly Residen$al District in section 60.443. f$j� Pawn shops when the business is conducted within completely enclosed buildings. f 9j�7,2 Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 5 ll2 That Secfion 61.103. (schedule of regvlations for business districts) of the Saint Pau1 Legislative Code 113 is hereby amended to read as follows: 114 115 Sec. 61.103. Business districts. 116 117 Notes to 61.103 Business Districts: 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 (a) OfF street parking shall be permitted to occupy a required front yard setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any front or side street right-of-way and the off-street parking area setback meets the requirements of secfion 61103(g)�f . (b) No side or reaz yards are required along the interior lot lines of the district, except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and rear yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the reaz yard in accordance with the requirements of section 62.105. (d) The height of the structure may exceed fliirty (30) feet, provided the structure is set back from all properiy lines a distance equal to the height which said structure exceeds the maximum height of building allowed in the district. - • - - - - - - - - - - - - .:. . �_ . {#j� Floor area bonuses, which encourage certain building features which produce public benefits, shall be granted as follows: 5�+.�os�:�w�. -RId41Nj 142 For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: q ,� _' o �� 143 144 Arcade. An "arcade" is a continuous azea open to a sireet or to a plaza, which is open and unobstructed 145 to a height of not less than twelve (12) feet, is accessible to the public at a11 times, and either: 146 147 148 149 150 151 152 153 154 155 156 157 158 159 16� 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 (1) Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thuty (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adj oins), and ea for the full length of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distauce; or (2) On a corner lot, is bounded on rivo (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum dimension of ten (10) feet. Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns sha11 be considered to be part of the area of the arcade for purposes of computing a floor area bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measwed perpendiculaz to the front lot line), with an area of not less than five hundred fifty (550) square feet, and ea�tending for its entire depth along the full length of such front lot line or for a distance of at least foriy (40) feet thereof, whichever is the lesser distance; or (2) A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimutn dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,OQ0) square feet, with a minunuxn dimension af forty (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open azea of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, except for one opening, by either building walls, or building wa11s and a side lot line, shall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza sha11 not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions permitted by the plamuug commission. (�j�t� On those lots or pazcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. {�rj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsection fgj uf above: 193 194 195 196 197 198 199 200 201 202 Csri��7 � ��s-1�:-�,�� _ g � a � � Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevard). � �_ l .��.� '�.. Since B-2C zoned properiy has a residential character, buildings shall maintain a twenty-fiv� foot front setback or meet the requirements of section 61.101(a). Section 6 203 That Secrion 62.104.(13) (off-street parking faciliry standards and design) of the Saint Paul 204 I.egislative Code is hereby amended to read as follows: 205 206 Sec 62.104.(13) 207 208 (13) Landscaping. For any pazking facility, other than a pazking gazage, landscaping sha11 be provided to 209 buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glaze and 210 heat effects of large expanses of pavement; and provide azeas for the retention and absorption of 211 stormwater runoff: All required yazds and any underdeveloped space shall be landscaped using materials 212 such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for 213 more than fifty (50) cars shall contain planted islands. As a minimum, one (1) squaze foot of landscaped 214 azea shall be provided far every ten (10) square feet of paving. A fast-food restaurant that is not part of a 215 retail strip center shall provide, as a minimum, one and one-half (1.5) square 216 feet of landscaped area for every ten (10) square feet of paving. Any landscaped area shall be planted 217 and maintained in accordance with section 62.109. 218 219 Secuon 7 220 221 That Section 60.573. (B-2C District) of the Saint Paul L.egislative Code is hereby amended to read as 222 follows: 223 224 Sec. 6Q.573. Required Conditions. 225 226 The following conditions sha11 be required of all uses in the B-2C Community Business (Converted) 227 District: 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 (1) When existing buildings aze converted from residential to business use, when existing buildings are enlazged, and when new buildings are erected, off-street parking sha11 be provided as follows: �� c. �! Residenrial uses: One and one-half (1 1/2) spaces per dwelling unit. All other uses: One (1) space for every four hundred (400) square feet of gross floor area or as requued in section 62.103(g), whichever is-greafer requires the fewer number of narkin�spaces. Off-street parking spaces sha11 not be located within a front yazd and may be located within two (2) feet of a side lot line. Off-street parking facilifies on lots without principal buildings shall provide principal access from the street. S�bS�:+��. -�Ia�1w� 244 (2) Except for off=street parking or loading, all business, storage, servicing or processing shall be 245 conducted within completely enclosed buildings. �,� , lo S�j 246 247 248 Section 8 249 That Section 62.102(d) (nonconforming uses of land) of the Saint Paul Legislative Code is hereby 250 amended to read as follows: 251 252 Sec.62.102.(d) 253 254 (d) Nonconforming uses of Zand. Nonconfonning uses of land aze subject to the following provisions: 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 A nonconforming use may continue. (1) A nonconforming use sha11 not be enlarged to a greater height nor e�rtended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of this code. �2) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (3) (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. Any land on which a nonconforming use is superseded by a permitted use shall thereafCer conform to the regulation for the district in which such land is located and the nonconforming use may not thereafter be resumed. (5) (6) , An existing off-street pazking space for one and two-fami� dwel in in a required front or side yazd sha11 be considered a leeal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued- or it can be demonstrated by clear and convincing evidence that the parkin�s ace has been in existence and used continuouslXsince October 25 1975. The burden of proof shall be on the properiv owner. 280 281 Section 9 282 283 That Section 62.102.(fl(12) (nonconfornring uses of structures, or structures and land in combination) 284 of the Saint Paul Legislative Code is hereby amended as follows: 285 286 Sec.62.102.(�(12) 287 288 (12) 289 290 291 292 293 294 In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlazged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. � business o�erated out of a residence must meet all home occuparion standards. The residential uses must also meet the requirements (except for lot azea per dwelling unit) of the schedule of regulations, section 61.101, for the district in which the use is first permitted and the requirements for off-street parking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. �� _ �es� 295 296 Seetien-�A S�`bS�� - aia�;�q� 297 298 . 299 . 300 301 . . 302 303 304 305 306 307 308 309 310 311 � ��tA � � • � tl� • • •� �� • � �� • \ �� ' • • • �� r ��1�� t � � �A • � : - .: - : :�. . . � - �. : � : � :. .. . - .� = : . : : . : �.�.. � �� • : . : .��.. . . . � .. r : : :..:.. . .. � .- . .�.� . .� :�� : . u i �- rn� i�i i '� - 'r.m0" � �-" ��- '�r.n • i� ' :i ' �v. _ •" - 'i i .u� .: .�� : : . Secrion i-�10 That Secuon 66.214.(g) (advertising signs - height) of the Saint Paul Legislative Code is hereby 312 amended to read as follows: 313 314 Sec.6b.214.(g) 315 316 (g) Height. The height of adveftising signs may be measured from the grade of the si�n or surface of the 317 roadway, whichever is higher. Surface of the roadwav shall be the main bed of the roadway�from wtuch the 318 s�n is intended to be read. at the location of the si$n. The hei�ht shall not be measured from anv entrance ox 319 exit ramps associated with the roadwaK 320 Section i�l l 321 322 That Section 66.404.(a) (sign ordinance - pernuts) of the Saint Paul L.egislative Code is hereby 323 amended to read as follows: 324 325 326 327 328 329 330 331 332 333 334 335 336 Sec. 66.404.(a) Permits. (a) Application. Applications for sign andJor sign shucture permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addifion at which advertising signs are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construcrion and placing of the display structure. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Permit a�lications for advertising siens along state n�unk highwavs and interstate hi�hways shall be accompanied by proof that the applicant has obtained a permit from the State of Minnesota for the advertising sign• G� —lo� 337 338 339 Section �312 S �.bs�.� 1�.-l�.- ��ay 1 q-`7 This ordinance shall take effect and be in force thirry days from and after its passage, approval, and publication. Dnaneuc� OCT 251997 Requested by Department of: Plannina & Economic Develonment By: By: Appr ay: Form Approved by City ttorney B ��z��. °l-23.9? Approved by Mayor for Submission to Council By: Adoption Cezti£ied by Conncil Secsetary �;� �osq n nhFin ADFFICE/COUNqL DATE INITIATED J � J � J � GREEN SHEET CONTACTPFASON 8 PHONE �AM OR/IS�9�I � �� (� 7 INITIAUDATE EPARTMENT�IRECTO . � CITYCOUNqL 266-6582 ASSIGN � CITVATfORNEV S yi �'^� � GtYCLERK MUST BE COUNCIL A6ENDA BV (DATE) NUNBEH FON HOUTING � BU DIRECTOR � FIN. & MGT. SERVICES DIR. OPUER AYOR (OF ASSIST �. �Q��' (f�' TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) ACTION PE�UESTED: Adopt June, 1997 Minor Zoning Amendments. � RECOMMENDATIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UES710NS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Ha5 thi5 pefsonflifin evef Wo�ketl under a ContfaCt fOf thls department? CIB COMMITfEE YES NO � S7AFF _ 2. Has this personRlrm ever been a city employee? YES NO _ O�STRIC7 COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any curcent city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes enawers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, Whan, VJhere, Why): Needed minor zoning amendments are delayed if done only periodically. ��,r,�� ,'�.�.�, ��v, �o ,`_-: '<,y 1 � . � n ; > P:t�i:; �+ �; E:J:Di ADVANTAGESIFAPPROVED Zoning Code will be kept up-to-date. �c��' �� - �� ;� DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOTAPPROVED: Needed amendments could face long delay. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDItBG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION (EXPLAIN) . ,-. �- c Presented By Re£erred To/ Council File # ��-' �.Q�i� Ordinance # Green Sheet �� 8 9 �� ORDINANCE OF SAINT PAUL, MINNESOTA _ Date 1 2 An ordinance amending Chapter 60 of the Saint Paul I.egislative 3 4 The Council of the City of Saint Paul does ordain: 5 6 Section 1 7 8 That section 60.219. S. (Defuutions) of the Saint Paul gislative 9 following defurition: 10 11 Sec. 60.214. S. 12 . 13 , 14 15 16 ]7 That Section 60.532.(2)(d) (B-2 18 follows: 19 20 Sec.60.532.(2)(d) 21 22 d. Restaurants and fast-food res 23 eenfer and which do not pr id� 24 25 26 Section 2 pertaining to Zoning. Code is hereby amended to delete the of the Saint Paul Legislative Code is hereby amended to read as nts when incorporated within a multi-use retail center er�l�e� ske�ing drive-through window service. Section 3 27 That Section 60.532 )(B-2 District) of the Saint Paul Legislative Code is hereby amended to add the 28 following clause: 29 30 Sec.60.532.(2) 31 32 n. Full enclo d auto s es wh n 33 34 35 Section 4 36 That ection 60.534, (B-2 District} of the Saint Paul Legislative Code is hereby amended to read as follows: 37 38 Sec. 6.534. Principal uses permitted subject to special conditions. 39 40 4J 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7� 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 9'1- taFSq The following addirional uses shall be permitted, subject to the standards specified for all special condition uses as set forth in section 64300(c). All principal uses pernutted subject to special conditions shall be reviewed and approved by the platmiug commission. /4 (1) Ail uses as permitted and regulated in the B-1 Local Business District under cipal uses pemutted subject to special condirions. (2) Open air uses which aze acces o to a rinc' al use ermitted in the dis 'ct and oc ted on a zoning lot at least 20.000 square feet in azea ' � as follows: s a. Retail sales of plants not grown on the site, lawn fuiniture ayground equipment, and garden supplies; provided, fiu that such use shall be ' ated at tlxe end or rear of the building. / (3) Bowling alley, billiazd hall, indoor arche range, indoor tennis courts, racquet ball and hand bali courts, dance hall, electronic game indoar skating rink, or similar forms of indoor commercial recreation when locate � at least one hundred (100) feet from any front, rear or side yard of any residential lot in an ad� cent residential district measured from the closest point of the building in which the use is loc ed to the closest residential property line. ! IYi �M��I�l1�wl�l�l�I�l��lR�I��R�l�1 ee�ter: � Auto conve conditions: auto service stations and auto specialty stores subject to the following a. The nstruction and maintenance of all driveways, curbs, sidewalks, pump islands or oth facilities used in conjunction with the opera6on of the auto service sta6on shall be i ccordance with current city specifications. Such specifications shall be developed by e city plazuiing coordinator, tr�c engineer and city fire mazshal, and sha11 be approved by the planning comxnission, and filed with the city clerk. A ten-foot buffer azea with screen planring and an obscuring wall or fence shall be required along any properiy line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minimum lot azea stiall be fi8een thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no faciliries for incidental servicing of automobiles (including lubricating facilities) a� - to�y 91 ' and auto convenience mazkets may be permitted on a lot of twelve thousand (12,000) 92� squaze feet, subject to all other provisions herein required. 93 94 {�jj� Licensed correctional community residenfial facilities, health departrnent-licensed c� 95 residential facilities and emergency housing facilities subject to conditions as set forth 96 Multifamily Residential District in section 60.443. 97 / 98 f&}� Pawn shops when the business is conducted within completely enclosed buildi . s. 99 100 {�}j(7� Accessory buildings, structures and uses customarily incident to the a 101 102 Section 5 � 103 � 104 That Section 61.103. (schedule of regulations for business districts) of th�lSain 105 hereby amended to read as follows: �' 106 107 Sec. 61.]03. Business districts. 108 109 110 Sec. 61.103. Business districts. iil 112 Minimum Size Maximum Lot Size Pez Height Minimum Yard Setback 113 linit of Structures (Per Lot in Feet) 114 Area in Width " 6ide 11$ Squaze in In In q d� Front Mini• Tota] Rear 116 Zaning DistriM Feet Feet Stories Fe �{ mum of Two 11� 61.103 118 BUSINESS DISTRTCTS 114 OS-1 O�caService none none 3 d 30 d 15 a,� b b 12� B-1 I.ocal Business none none 3 30 15 a, b b IZI $-2 CommunityBusiness none � none SO d, 0�, f b,l�. b,1 122 8-2C Community Business none none 3 30 d 25 H 4 8 (Converted) 123 124 Minimum ue Ma�dmum b,c b,c b,c� 25 1 ZS Lot Siz,e� er Height Minimum Yerd Setback 126 U�'ht of Structures (Per Lot in Feet) 12'J m Width Side 12g are in In In Frant Mini• Total ��' Zoning District eet Feet Sfaries F'eet mum of Two uses. 1 Paul Legislative Code is Maximum Percen[ of Lot 6ccnpied By Main Building none nonz none 309� Maximum Percent oP Lot Occupied By Main Building i29 B-3 General Bueiness none nane d 30 d 0�,f b 6 6,c none 13 � g-q Central Business none none no limit no limit no limit none none none c none 131 B.5 Central Business Se ce none none no limit no limit no limit none none none c none 132 133 134 135 Notes to 61.103 siness Districts: 136 Floor Area Ratio IFAR' 1_0 1.0 2.O�A A NA Floar Area Ratio (FAR) 2.0 S.O�e 137 (a) Off-street parking shall be permitted to occupy a required front yazd setback; provided, that the 138 off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of 139 six (6) feet from any front or side street right-of-way and the off-street pazking azea setback meets 140 the requirements of section 61.103(g)�f . 141 ia2 �t�1- to�f '(b) No side or reaz yazds aze required along the interior lot lines of the district, except as otherwise 143 specified in the building code; provided, that if walls of structures facing such interior lot 1� s 144 contain windows, or other openings, yards of not less than ten (10) feet shall be provided i e 145 and rear yards of at least ten (10) feet shall be required when a business dishict adjoins a s' e yazd 146 in an adjacent residence dishict. 147 148 (c) Off-sireet loading space shall be provided in the reaz yard in accordance with the uirements of 149 section 62.105. 150 151 (d) The height of the shucture may exceed tivrty (30) feet, provided the struc e is set back from all 152 property lines a distance equal to the height which said structure exceed e ma�mum height of 153 building allowed in the district. 154 155 156 , , ' , . . 157 158 {#j� Floor area bonuses, which encourage certain building fea s which produce public benefits, shall 159 be granted as foilows: 160 161 Far the purpose of this bonus provision, an azcade and plaza 11 be defined as follows: 162 163 Arcade.An "azcade" is a continuous area open to a street to a plaza, which is open and unobstnxcted to 164 a height of not less than twelve (12) feet, is accessible to th ublic at all times, and either: 165 166 (1) Adjoins a front lot line or a plaza boun , is not less than ten (10) feet or more than thirty (30) 167 feet in depth (measured perpendiculaz to e front lot line or plaza boundary which it adjoins), and 168 extends for the full length of, or fo (40) feet along, such front lot line or plaza boundary, 169 whichever is the lesser distance; ar 170 171 (2) On a comer lot, is bounded on (2) sides by the two (2) intersecting street lines, and has an azea 172 of not less than five hundred 00) square feet and a minimum dimension of ten (10) feet. 173 174 Such an azcade shall not a' y point be above the levei of the sidewalk or plaza which it adjoins, 175 whichever is higher. An ortion of an azcade occupied by building columns shall be considered 176 to be part of the area o. the azcade for purposes of computing a floor area bonus. 177 178 PZaza. A"plaza" is an open. ` ea accessible to the public at a11 times, which is either: 179 180 (1) A continuous,, pen area along a front lot line, not less than ten (10) feet deep (measured 181 perpendicul to the front lot line), with an area of not less than five hundred fi$y (550) squaze 182 feet, and e nding far its entire depth along the fixll length of such front lot line or for a distance 183 of at leas � oriy (40) feet thereof, whichever is the lesser distance; or 184 185 (2) A co f uous open azea on a through lot, e�ctending from sh to street and not less than foriy 186 (40 feet in width, measured perpendicular to the nearest side lot line; or 187 188 (3) n a corner lot, an open area of not less than three hundred fifty (350) square feet, which is 189 bounded on two (2) sides by the two (2) intersecting street lines and which has a ininimum 190 dimension of ten (10) feet; or 191 192 (4) An open area of not less tt�an four thousand (4,000) squaze feet, with a minimum dimension of �t�- larr� 193 ' foriy (40) feet which is bounded on one side by a front lot line of which is connected to the et 144 by means of an azcade, or by an open azea of not less than thirry (30) feet wide. 195 196 Except for an open azea as set forth in item (4) above, no portion of such an open azea which is b ded on all 197 sides, except for one opening, by either building walls, or building walls and a side lot line, sh e considered 198 part of the plaza, unless the opening of such portion is at least foriy (40) feet in width. 149 200 A plaza shall not at any point be more than five (5) feet above the curb level of the azest adj oining street, 201 and shall be unobstructed from its lowest level to the sky, except for those obsiructions ernritted by the plauniug 202 commission. 203 204 {gj�f� On those lots or parcels, or portions of lots or pazcels, whic adjoin a right-of-way line of a 205 parkway, the required setbacks from the pazkway right-of-wa ine shall be equal to that required 206 for residential uses in effect along the pazkway right-of-w, or twenty-five (25) feet, whichever 207 is greater. 208 209 fkj� Those parkways and portions of parkways liste below are excluded from the setback 210 requirements established in subsection {gj �f� abo : 211 212 Ford Pazkway (from Kenneth Street to Finn S et and north side between Finn Street and Mount 213 Curve Boulevazd). 214 215 Gannon Road. 216 217 f ij(� Since B-2C zoned property has a res ential character, buildings shall maintain a twenty-five-foot 218 front setback ar meet the require ' nts of section 61.101(a). 219 220 Section 6 221 222 That Section 62.104.(13) (off-stree parking facility standards and design) of the Saint Paul Legislative 223 Code is hereby amended to read as fol' ws: 224 225 Sec 62.104.(13) 226 227 (13) Landscaping.For any paz ' g facility, other than a pazking garage, landscaping shall be provided to buffer 228 the facility from adjace ` properties and from the public right-of-way; reduce the visual glaze and heat 229 effects of laxge expan " s of pavement; and provide areas far the retention and absorption of stormwater 230 runoff: All required ds and any underdeveloped space shall be landscaped using materials such as trees, 231 shrubs, sod or gro dcover plants. In addirion to perimeter landscaping, pazking lots for more than fifty (50) 232 cars sha11 conta' ' lanted islands. As a minimum, one (1) square foot of landscaped azea shall be provided 233 far every ten ) square feet of pauing. A fast-food restaurant that is not part of a retail strip center e� 234 sha11 provide, as a minimum, one and one-half (1.5) square feet of landscaped area 235 for every te (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance 236 with secf n 62.104. 237 Section 7 238 239 Th Section 60.573. (B-2C Disuict) of the Saint Paul Legislarive Code is hereby amended to read as 240 follow 241 242 S. 6Q.573. Required Conditions. 243 �'1- 1 D�� 244 ' The following condifions shall be required of all uses in the B-2C Community Business (Convert ) 2,45 District: 246 247 (1) When existing buildings are converted from residential to business use, when e�sting 'ldings 248 are enlarged, and when new buildings are erected, off-street parldng shall be provide follows: 249 250 a. Residenfial uses: One and one-half (1 1/2) spaces per dwelling unit. 251 252 b. All other uses: One (1) space for every four hundred (400) square fe of gross floor area 253 or as required in section 62103(g), whichever is-greate� re uire e f we number of 254 pat ' s aces. 255 256 c. Off=street parking spaces shall not be located withiu a fr t yazd and may be located 257 within two (2) feet of a side lot line. 258 259 d. Of£-street pazking facilities on lots without princip buildings shall provide principal 260 access from the street. 261 262 (2) Except for off-street pazking or loading, a11 business torage, servicing ar processing shall be 263 conducted within completely enclosed buildings. 264 265 5ection 8 266 267 That Section 62.102(d) (nonconforming uses of d) of the Saint Pau1 I.egislative Code is hereby 268 amended to read as follows: 269 270 Sec.62.102.(d) 271 272 (d) Nonconforming uses of land. Nonconformi uses of land are subject to the following provisions: 273 274 (1) A nonconforming use may c ntinue. 275 276 (2) A nonconforming use sball not be enlazged to a greater height nor extended to occupy a greater 277 area of land than was ' cupied at the effective date of adoption or amendment of this code. 278 279 (3) A nonconforming, se shall not be moved in whole or in part to any other portion of the lot. 280 281 (4) If such nonco orxning use of land ceases for any reason for a period of ninety (90) days or more, 282 any subseq , nt use of such land shall conform to the regulations specified by this code for the 283 district in 'ch such land is located. This is not intended for those uses which remain on the land 284 but who activity may cease for a period longer than ninety (90) days, due to reasons associated 285 with - customary operafion of such use. 286 287 (5) land on which a nonconfornvng use is superseded by a permitted use shall thereafter confoxm 288 o the regulation for the district in which such land is located and the nonconforming use may not 289 thereafter be resumed. 290 291 (6 , An existing off-street parking space for one and two-familv 292 dwel in s in a required front or side yard shall be considered a leeal nonconforming use provided 293 the parking space was established pursuant to a curb cut pernvx issued by the department of public 294 works prior to October 25, 1975, and the pazldng space has been continuous since the permit was �t�- �osq 295 ' issued.- or it can be demonstrated by cleaz and convincine evidence that the pazking space has been 296 in existence and used conrinuouslv since October 25. 1975. The burden of proof shall be on the 297 property owner. 298 Section 9 299 300 That Section 62.102.(�(12) (nonconforming uses of structures, or structures and land in co mation) 301 of the Saint Paul Legislative Code is hereby amended as follows: 302 303 Sec.62.102.(�(12) 304 305 (12) In any RM-3, OS-1, B-i, B-2, B-3, I-1, or P-1 district, e�sting residential uses may enlazged, extended, 306 recons�tn.icted or altered provided no additional dwelling units aze added on the lo . Any business o�erated 307 out of a residence must meet all home occupation standards. The residenti uses must also meet the 308 requirements (except for lot azea per dwelling unit) of the schedule of re ions, section 6l .101, for the 309 district in which the use is first pernutted and the requirements for of treet parking, section 62.103. 310 Reconshuction of the uses must begin within one (1) year of the remo of the buildings. 311 312 Secrion 10 313 314 That Section 62.103.(fl(3)(d) (rules for computing required ' king) of the Saint Paul I.egislative Code 315 is hereby amended to read as follows: 316 317 Sec.62103.(�(3)(d) 318 319 d. Expansion of a licensed shucture with an on-sale in xicating liquor or an entertainment license, or a new 320 on-sale liquar license, or an upgrade in an entertainment license, when located 321 within six hundred fifty (650) feet of another ex' ting establishment with an on-sale intoxicating liquor or 322 entertainment license shall provide an additi al fifteen (15) percent of any parking shortfall. 323 324 Section 11 325 326 That Section 66.214.(g) (advertising gns - height) of the Saint Paul I.egislative Code is hereby amended 327 to read as follows: 328 329 Sec.66.214.(g) 330 331 (g) Height. The height of advertis' �g signs may be measured from �g grade of the si�n or surface of the roadway, 332 whichever is higher. Surface; f the r adwa shall be the main bed of the roadwa from whic the si n is 333 intended to be read at the loc 'on of the si . The hei ht sha11 not be measured from an entrance or e�t ram s 334 associated with the roadw . 335 Section 12 336 337 That Section 6.404. (a) (sign ord'niauce - pernuts) of the Saint Paul I,egislative Code is hereby amended 338 to read as follows• 339 340 Sec.66.404.( Permits. 341 342 (a) pplication. Applicarions for sign and/or sign structure permits shall be submitted to the zoning 343 a � trator. Each application sha11 contain the names and addresses of the owners of the display structure and 344 property; the address at which any signs are to be erected; the lot, block and addition at which advertising signs 345 are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary �'L-- lo � 346 elevations, distances, size and details to fully and cleazly represent the construction and placing of the dispiay 347 structure. Structural plans aze required for all freestanding signs greater than fifty (50) square feet. Permit 348 an�lications for advertising siens along state ri•unk highwavs and interstate hi�l�ys shall be accom�anied by 349 proof that the applicant has obtained a permit from the State of Minnesota for the advertisine sien. 350 351 Section 13 352 353 This ordinance shall take effect and be in force thirty days from and after its passage, a oval, and publication. Adopted by Council: Adoption Certi£ie�by Council Secretary By: RequesCed by Department of: Plannina & Economic Develooment s By: �� Forn Approved by�P"iayor: Date Appx By: / By: �wbsf�� 3�1 �1��9� ��a-� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: TO: FROM: RE: September 23, 1997 CouncIl Member Blakey Peter VT. Warner, CAO Council Agenda Item No34. Council File No. 97-1089. Council Session: 9-24-97 Dear Council Member Blakey: Attached please fmd a substitute copy of Council File No. 97-1089. I am submitting this substitute version to you at the request of the Departments of Licenses, Inspections and Environmental Protection and Plamiing and Economic Development. Staff from both of the above named departments felt that Section 10 of Council File No. 97-1089, (proposing amendments to Saint Paul I.egislative Code § 62.103(fl(3)(d) as it pertains to computing required parking at on-sale liquor or entertainment establishments), required additional examination to insure enforcement of the regulations contained therein. Accordingly, and on behalf of LIEP and PED, we respectfully request that you introduce the attached, subsritute version of Council File No. 97-1089. This subsdtute version, aside from the deleuon of Section 10 (and the accompanying renumbering of subsequent sections), remains the same as the version presented at the first and second readings of this proposed ordinance.. In the meantime, staff from LIEP and PED have agreed to review the present language of the subject ordinance and resubmit what ever changes they make for consideration at a subsequent time. If you have any questions, please do not hesitate to contact me. ��/,'�/crv,.�.� �?— 23-5 � Thank you. cc: Wendy Lane, LIEP Kady Dadlez, PED �'1-1o�q CTTI' OF SAINT PAITL 390 Ciry Hali Telephane: 6I2-266-85I0 Norm Colemart, Mayor IS West Kellagg Boulevard Facsimile: 612-228-8513 Sa'u¢ Pau[, MNSSIO2 August 13, 1997 Council President David Thune and Members of the Saint Paul City Council 15 West Kellogg Boulevazd 3rd Floor City Hall-Court House Saint Paul, Minnesota 55102 Dear President Thune and Members of the City Councii: Beginning in 1982, the Planning Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, eta There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cazry-out newly adopted plans, clarify regulations, cosect errors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission considers and recommends to the City Council minor zoning amendments several times each year. The current Minor Zoning Amendment recommendations are attached (June, 1997). They concern planned shopping centers, parking requirements in B-2C zoning districts, front and side yard parking, parking requirements for liquor license upgrades, measuring the height of advertising signs, and requiring applicants to obtain state permits for advertising signs before applying for city permits. Please note that the first amendment proposed in the report, modifying home occupation requirements, was not recommended for adoption by the Planning Commission at this time. The Commission felt that the entire home occupation section should be reviewed in light of the changes taking place with telecommuting and home offices. The Zoning Committee of the Planning Commission held a public hearing on the proposed amendments on July 3, 1997. The Commission recommended their approval, except for the one relating to home occupafions, on 7uly 11, 1997, as set forth in the attached resolution. I am pleased to transmit these amendments to you for your review and approval. Sincerely, N��l�--� Norm Coleman Mayor NC:kd �'I - 1o�sq city of saint paul pianning commission resolution file number 97-47 �te July 11, 1997 MINOR ZOIVING AMENDMENTS JUNE 1997 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendmenu to the Mayor and Ciry Council is the most desirable way to keep the zoning code as current as possible; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission held a public hearing on proposed minor zoning amendments concerning planned shopping centers, parking in B-2C districts, front and side yard parking as it relates to driveways, home occupations in commercial and industrial zoning districts, parking requirement for liquor license upgrades, and regulation of advertising signs, at its July 3, 1497 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 impractical; 2. That a survey of an area 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 May 28, June 4, and June 11, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends approval of the following zoning code amendments in the "Minor Zoning Amendments June 1997" study pertaining to planned shopping centers, pazking in B-2C districts, front and side yazd parking as it relates to driveways, home occupations in commercial and industrial zoning districts, pazking requirement for liquor license upgrades, and regulation of advertising signs, and directs the Planning Admuristrator to forwaid the study and this resolution to the Mayoz and City Council for their review and action. moved by �au�t seconded by in favor U�us against . � r1- tQ�9 MINUTES OF THE ZONING CONL�I2TTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JULY 3, 1997 PRESENT: Mmes. Faricy and Wencl; Messrs. Chavez, Fie1d, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mme. Lane, LIEP; and Mmes. Dadlez and Kaplan and Mr. Ryan of the Zoning Office of PED, ABRENT: Gordon, excused The meeting was chaired by Litton Field, Chairperson. MTNOR ZONING TFXT AMENDMENT iTNF i997 Kady Dadlez, Zoning Office staff of PED, reviewed the sta£f report. 1. MOD=FY THE HOME OCCIIPATIQN REQUIREMENTS TO CLARIFY TFiAT TEACAING TO ON8 PARTY AT A TIME IS ALLOWED BIIT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOVIED, Wendy Lane, LIEP, explained that some latitude exists with the reference to °one party" per employee and what constitutes.a party. Two piano students that are working on a duet could be considered one party; so too could a counselor which counsels a family; or a tax person who deals with partners in a£irm; all could qualify as one party, and some discretion would be allowed. Commissioner Vaught didn't see one party being interpreted that broadly, and was concerned regarding the potential for variation in interpretation within the office of LIEP. He also believed triat the 1'anguage to be too restrictive. He said that if what is meant is to allow it to be more expansive than the language should state that. Commissioner Kramer suggested that better language could be arrived at and that time would allow for that redrafting. Commissioner Wencl asked why LIEP initiated this zoning text amendment. Ms. Lane noted that en£orcement of such matCers is only done on a complaint basis, and gave two examples of what initiated the proposed amendment. 1) An aerobics studio operated out of a home which drew a large number of persons on a regular basis; and 2) A nutrition class - where someone came in and taught macrobiotic cooking and had nutrition-related classes which generated a number of complaints. AlChough LIEP has cited for these homeowners that they are not allowed to serve more than one party per employee, and were successful in restricting both_of those types of businesses under the current language, LIEP would like language that addresses classes in the ordinance. Commissioner Chavez gave an example of being a distributor for Amway for instance, and warehousing thz products in the home, and provide classes on distributorships with people coming in, and asked if the language prohihits such activities. Ms. Lane said that it does prohibit such activity if a a a�'� — 1 Ob� complaint was made, and that retailing and wholesaling is not permitted out of a home. Commissioner Vaught said he could understand the example of two persons as one party; however he was not so sure he would want to prohibit a small group of four unrelated people. There was some discussion regarding the examples given by Ms. Lane. She said that perhaps £urther examination need be given the definition of a"party". Commissioner Vaught suggested that the issue of home occupations be looked at as home occupations will only increase over time. Ms. Lane noted that LIEP would also like to look at vehicles associated with home businesses as they have had difficulty with enforcement given St. Paul's current language. Commissioner Kramer considered that perhaps instead of rewriting the home occupation section, that language be added stating that home occupations which serve more than x number of people aC the same time are not considered a home occupation. Commissioner Gurney said triat as an inspector he didn't believe a ttome occupation would be strictly enEOrced unless a neighbor called in a complaint, and that inspectors would often try to mitigate such a situation, and he was comfortable with the existing language. Commissioner Vaught said he didn't think anything should be in the code that allows discriminatory enforcement. Commissioner Wenc1 asked whether any time limitation was present in this amendment and it was determined that there was no time limit. She suggested that the language be relooked at by staff, with more consideration given to other home occupations in terms of technology and computers, that will be a part of the future home occupations. The committee directed further review by staf£ and that this matter be given further consideration at a future discussion o£ minor zoning text amendments. 2. ELIMINATE PLANNED SHOPPING CENTER AS A IISE PERMITTED SIIBJECT TO SPECIAL CONDITIONS. There was no discussion. Commissioner Vaught moved approval. Commissioner Kramer seconded the motion. The motion carried with a unanimous voice vote. 3. CLARIFY THE PARKING REQIIIREMENT IN B-2C ZONING DISTRICTS There was no discussion. Commissioner ICramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unanimous voice vote. 2 �� os� 4. SIMPLIFY THE PROCESS FOR DfiTERMINING WHETHER E%ISTING DRIVEWAYS pRR NONCONFORMING AND TH$REFORE MAY CONTINIIE. Commissioner Kramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unaaimous voice vote. 5. REQIIIRE HOME OCCIIPATIONS IN EX15TING DWELLZNG IINITS IN COMM$RCIAL AND INDIISTRIAL ZONING DISTRICTS TO BE SIIBJECT TO THE REQIIIREMENTS FOR HOME OCCIIPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS. There was a brief discussion providing clarification of what is recommended. Commissioner ICramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 6. MODIFY THE SECTION ABOIIT HOW TO CALCIILATE PARKING REQIIIREMENT FOR LIQIIOR LICENSE IIPGRADES. There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 7. CLARIFY HOW THE HEIGHT OF AN ADVERTISING SIGN IS MEASIIRED There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 8. AMEND SIGN ORDINANCE TO REQIIIRE APPLICANTS TO OSTAIN A STATE PSRMIT FOR AN ADVERTSSING SIGN BEFORE THfiY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. � There was a brief discussion regarding LIEP's sign ordinance procedures. Ms. Lane reported that procedures have been drafted and are in the process of being finalized. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. Drafted by: Submitte by: �"^'"""�� Donna Sanders Kad�lez Recording Secretary q� _ j�� MINOR ZONING AMENDMENTS JITNE 1997 q �, �� MIl�TOR ZONING AMENDMENTS dUNE 1997 1. MODIFY THE HOME OCCUPATION REQLTIREMENTS TO CLARIFY THAT TEACHING TO ONE PARTY AT A TIME IS ALLOWED BUT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOWED Sec.60.412('n (7) Home occupations wttich aze compatible with other residential uses and which maintain and preserve the character of residential neighborhoods subject to the following requirements: a. A home occupation shall not involve the conduct of a retail or wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the properry. b. A home occupation may include professional offices, small service establishments or offices, or homecrafts which are typically considered accessory to a dwelling unit. c. A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or garages. d. All home occupation activities in dwelling units of less than four thousand (4,000) square feet of total living azea, excluding a cellar and attic, shall be conducted by no more than two (2) persons, one of whom shall reside within the dwelling unit. All home occupation activities in dwelling units of four thousand (4,000) or more square feet of total living azea, excluding a cellaz and attic, shall be conducted by no more than three (3) persons, one of whom shall reside within the dwelling unit. e. No stnxctural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation. f. Service and teachine occupations shall serve no more than one pariy per employee at a time and shall not serve groups or classes. g. There sha11 be no exterior storage of equipment or supplies associated with the home occupation nor parking of more than one business caz, pickup truck or smail van nor any additional vehicles except those for pernutted employees identified under paragraph d. ��-�o�y h. There shall be no detriments to the residential chazacter of the neighborhood due to noise, odor, smoke, dust, gas, heat, glaze, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any other annoyance resulting from the home occupation. A home occupation may have an identificarion sign no larger than two (2) square feet in azea, w}uch sha11 not be located in a required yard. Home occupations for handicapped persons that do not meet these conditions may be reviewed by the boazd of zoning appeals which may modify or waive the requirements a through g. Discussion This amendment codifies LIEP's interpretation of the home occupation ordinance that teaching as a home occupation is okay as long as it is with one pariy at a tnne and not with groups or classes. This is consistent with existing language in the zoning code. 2. ELINIINATE PLANNED SHOPPING CENTER AS A USE PERMITTED SUBJECT TO SPECIAL CONDITIONS �I � --- . - -- - - -- - -- - -- - - - Sec.60.534 Principal uses permitted subject to special conditions. The following additional uses shall be perxnitted, subject to the standards specified for a11 special condition uses as set forth in section 64300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as pernutted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. (2) Open air uses which aze accessorv to a�rincipal use permitted in the district and located on a zonin� lot at least 20.000 square feet in area �� ske�-eer�er- as follows: a. Retail sales of plants not grown on the site, lawn fuiviture, playground equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. •-- -- - - - --- - - - - • - --- -- -- - - - - - - - L, � �►-�- ��y - .: - --- -- - - - - - -- -..:.: .: - - - -- - - -- -- - - - - -- - - - -:- - -- ---- --- - - -- - - - - - - -- - ---- .. -- --- - �- (3) Bowling alley, billiazd hall, indoor azchery range, indoor tennis courts, racquet ba11 and hand ball courts, dance hall, electronic game room, indoor skating rink, or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz or side yazd of any zesidential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. : . -- --- - -•--- > (-6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The conshuction and maintenance of a11 driveways, curbs, sidewalks, pump islands or other facilifies used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traffic engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minnnum lot area sha11 be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stafions which are intended solely for the sale of gasoline, oil and minor accessories and having no facilifies for incidental servicing of automobiles (including lubricating facilities) and auto convenience markets may be pernutted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. ��, � ° t'1 - 1 ��y (�j� Licensed correctionai community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Multifamily Residential District in section 60.443. {$j�6,� Pawn shops when the business is conducted within completely enclosed buildings. f9j� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximum Lot Size Per Height Minimum Yard Setback percent ot F'loor linit of Structures (Per Lot in FeetJ y�t Area Area in Width Side Occupied itatio � Sqvare in In i Front Mini- Total ReaT BY Main IFAR� Zoning District Feet Feet Stories Feet mum of Two Building 61.103 BUSINESS DISTRICTS O&1 Ofl'iceService none none 3 d 30 d F15 a,g b b b,c none 1.0 B-1 Loca1 Business none none 3 30 p15 a,g b b b,c none 1.0 B•2 Community Business none none d,e 30 d� ¢ 0-e�� b,e . b� b,cb� none 2.0 B-2C Community Bveiness none none 3 30 d 25 h 4 S 25 309c NA (Convertedl Minimum Size Marimum Maximum Lot Size Per Height Minimum Yard Setbeck percent of Floor Unit ot Structures (Per Lot in Feet) �t Area Area in Width Side Occupied Ratio Square in In In Front Mini- Total Reai' By Main fFARI Zoning District Feet F'eet Stories Feet mum of Two Building B-3 General Buainess none none d 30 d p 0-g b b b,c none 2.0 &4 Centra] Business none none na limit no limit no limit none none none c none 8.0-F? B•5 Central Business Service none none no limit no limit no limit none none none c none 5.048 'Q .!� q�- t�fiy Notes to 61.103 Business Districts: (a) Off-street pazking shall be pernutted to occupy a required front yazd setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a m;n;mum distance of six (6) feet from any front or side street right-of- way and the off-street pazking azea setback meets the requirements of section 61.103(g} t�. (b) No side or reaz yazds aze required along the interior lot lines of the district, except as othenvise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and reaz yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the rear yazd in accordance with the requirements of section 62.105. (d) The height of the structure may exceed thirty (30) feet, provided the structure is set back from all property lines a distance equal to the height which said structure exceeds the masimum height of building allowed in the district. - ' - --- ----- -- -- - - --- -- - - --- -- -- -- -TlFlS!lRrF�!�!1F�G> ' _. ""_" _ _ • "" '__" ' "" '_" _"' ' "" '_ "_' "" "" f___ " • {#j{� Floor area bonuses, which encourage certain building feahxres which produce public benefits, shall be granted as follows: For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: Arcade. An "azcade" is a continuous azea open to a street or to a plaza, which is open and unobstructed to a height of not iess than twelve (12) feet, is accessible to the public at all times, and either: (1) Adjoins a front lot lane or a plaza boundary, is not less than ten (10) feet or more than thirry (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adjoins), and extends for the fulllength of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or (2) On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an azea of not less than five hundred (500) squaze feet and a minimunn dimension of ten (10) feet. , o. ��-10�1 Such an arcade sha11 not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns shall be considered to be part of the azea of the arcade for purposes of computing a floor azea bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front lot line), with an azea of not less than five hundred fifty (550) squaze feet, and extending for its entire depth along the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser distance; or (2) A continuous open azea on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open azea of not less than three hundred fifty (350) squaze feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimum dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,000) square feet, with a minimum dimension of foriy (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open area of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open azea which is bounded on all sides, except far one opening, by either building wa11s, or building walls and a side lot line, srAall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza shall not at any point be more than five (5} feet above the curb level of the neazest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions pemritted by the planning commission. (�j� On those lots or pazcels, or portions of lots or pazcels, which adjoin a right-of-way line of a parkway, the required setbacks from the pazkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of- way or twenty-five (25) feet, whichever is greater. fkj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsecfion (gj �f above: 0 �- a-�- �os-� Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevazd). C ,�� '�.�� (#j� Since B-2C zoned properry has a residential chazacter, buildings shall maintain a twenty-five-foot front setback or meet the requirements of section 61.101(a). Discussion There is no appazent need for planned shopping center in the zoning code. A planned shopping center requires a special condition use pernut (with no conditions specified) and there aze restrictions placed on height, setbacks, and floor area ratio. If there aze no benefits derived from being considered a planned shopping center, property will be developed that avoids meeting this definition (i.e., Midway Shopping Center, Seegaz Square). 3. CLARIFY THE PARKING REQUIREMENT IN B-2C ZOIVING DISTRICTS Sec.60.5'73 Required Conditions. The following conditions shall be required of all uses in the B-2C Community Business (Converted) District: (1) When existing buildings aze converted from residential to business use, when existing buildings are enlarged, and when new buildings are erected, off-street pazking shall be provided as follows: a. Residential uses: One and one-half (1 1/2) spaces per dwelling unit. b. All other uses: One (1) space for every four hundred (400) squaze feet of gross floor area or as required in secfion 62.103(g), whichever isgreater reauires the fewer number of parking spaces. c. Off-street parking spaces shall not be located within a front yazd and may be located within two (2) feet of a side lot line. d. Off-street parking facilities on lots without principal buildings shall provide principal access from the street. (2) Except for off-street pazking or loading, all business, storage, servicing or processing shall be conducted within completely enclosed buildings. ...,; ��- ��`t Discussion This secrion is confusing since it is uncleaz what greater means. Does it mean the greater pazking ratio or the greater number of parking spaces? The intent of this secuon of the code was to require fewer pazking spaces in B-2C zoning dishicts than what would be required for the same uses in other zoning districts.. LIEP has consistently interpreted this to mean that whichever method requires the fewest number of parking spaces should be used. This amendment clarifies that interpretation. For example, if a retailer wishes to establish a 1,000 squaze foot facility in a B-2C zone, is the pazking requirement 4 spaces: 1 space per 225 square feet of azea (the requirement for retail stores in general) or is the requirement 3 spaces: 1 space per 400 square feet of azea (the requirement noted in the B-2C section). Does greater mean 4 spaces versus 3 spaces or 225 versus 400 square feet? The amendment clarifies that in this case 3 spaces would be required. 4. 5IMPLIFY THE PROCESS FOR DETERMINING WHETHER EXISTING DRIVEWAYS ARE NONCONFORMING AND THEREFORE MAY CONTINUE Sec.62.102(d) (d) Nonconforming uses of land. Nonconforming uses of land aze subject to the following provisions: (1) A nonconforming use may continue. (2) A nonconforming use sha11 not be enlarged to a greater height nor extended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of tlus code. (3) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land sha11 conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. (5) Any land on which a nonconforming use is superseded by a pernutted use sha11 thereafter conform to the regulation for the dishict in which such land is located and the nonconforming use may not thereafter be resumed. G,� - (0��1 (6) ,_ existing off-street pazking space for one and two-family dwellines in a required front or side yazd shall be considered a le¢al nonconfonning use provided the pazking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued: or it can be demonstrated by cleaz and convincing evidence that the pazkingspace has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the � or roertv owner. Discussion There has been considerable concern raised recently with the residential street paving program about front and side yazd parking. When planning for residential street paving projects public warks will not design a curb cut for a residential drive way that provides parking in the front or side yard unless there is proof that the existing curb cut was installed with required city permits. Many residents have had to go the Board of Zoning Appeals to seek variances to retain front and side yard pazking. This amendment allows the zoning administrator to make a determination as to the nonconforming status of front or side yazd parking in instances where there is not evidence of a permit from the department of public works. This will lessen the need for variance requests and reduce the cost and inconvenience to city residents. 5. REQUIRE HOME OCCUPATIONS IN EXISTING DWELLING IJNITS IN COMMERCIAL AND INAUSTRIAL ZONING DISTRICTS TO BE SUBJECT TO THE REQUIREMENTS FOR HOME OCCUPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS Sec.62.102(12) (12) In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlarged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. Any business operated out of a residence must meet all home occupation standards. The residenrial uses must also meet the requirements (except for lot area per dwelling unit) of the schedule of regulations, section 61101, for the district in which the use is first permitted and the requirements for off-street pazking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. Discussion The intent of this minor zoning amendment is to aliow businesses to be operated from dwelling units in commercial and industrial zoning districts as long as the nature of the business falls within the standards for home occupations. If the property owner wishes to operate a business that does not fall within the home occupation standazds then the properry must be converted to a use pernutted in the zoning district and the required pernuts, licenses, and certificates of 0 �('1 I oF��l occupancy, must be obtained and accessibility standards met. When the nonconfonuing section of the code was revised last yeaz the reference to the need for residential dwellings in business/industrial districts to meet the home occupation requirements was eliminated. The new language in the code only requires compliance with the schedule of regulations (height, setbacks, density) and pazking. This amendment would make it clear that the home occupation regulations apply to dwelling units in commercial and industrial zoning districts. In instances where dwelling units aze located in business or industrial zoning districts, the principal use of the properry must be either a mixed residentiaUcommercial use or a residence. If the principal use is a mixed use building, the use is a permitted use. If the principal use is residential then the use is nonconforming in the zoning district. If a residential principal use in a commercial or industrial district 3s converted to a mixed commerciaUresidential use, the building must meet building code standazds (i.e., accessibility, requires a certificate of occupancy, requires a license, etc.). However, there aze instances where property owners wish to operate, from their dwelling unit, the type of commercial or industrial use that is not permitted as a home occupation and is only permitted as a principal use in a business or industrial district (particularly with regard to outside storage). In these instances, properiy ownexs sometimes do not want to make the changes necessary to convert the dwelling to a business. This amendment makes it clear that the home occupation standazds apply to dwelling units in commercial and industrial zoning districts. 6. MODIFY THE SECTION ABOUT HOW TO CALCULATE PARKING REQUIREMENT FOR LIQUOR LICENSE UPGRADES Sec.62.103(�(3)(d) d. Expansion of a licensed structure with an on-sale intoxicating liquor or an entertaimuent license, or a new on-sale lic�uor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertaimnent license shall provide an additional fifteen (15) percent of any parking shortfall. Discussion This section indicates the pazking required for upgrades in liquor license, however, there are not multiple grades of liquor licenses. This amendment reflects that case. 10 �� -1��y 7. CLARIFY HOW THE HEIGI3T OF AN ADVERTISING SIGN IS MEASURED Sec.66.214(g) (g) Height. The height of advertising signs may be measured from the grade of the sian or surface of the roadway, whichever is higher. Surface of the roadway shall be the main bed of the roadw�. from which the sign is intended to be read. at the location of the sign. The height shall not be measured from anv entrance or exit ramps associated with the roadwa� Discussion This amendment addresses an issue raised by a case recenUy before the zoning committee. This amendment codifies the zoning administrator's interpretation of this section. 8. AMEND SIGN ORDINANCE TO REQUIRE APPLICANTS TO OBTAIN A STATE PERNIIT FOR AN ADVERTISING SIGN BEFORE TI�EY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. Sec. 66.404. Permits. (a) Application. Applications for sign and/or sign structure permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addition at which advertising signs are to be erected and the street on which they are to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construction and placing of the display struchxre. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Pernut a�plications for advertisin� signs alon� state tnmk highways and interstate highways sha11 be accompanied bv nroof that the ap�licant has obtained a�ermit from the State of Minnesota for the advertising sien• (b) Consent. Applicafions for signs and/or sign structures erected, maintained or used for the public display of posters, painted signs oz reading material shall be accompanied by an affidavit of a lease in force or deed indicating the consent of the owners of the property on which the display structure is to be erected. (c) Advertising sign bond.• (1) The owner or persons in control of each and every advertising sign maintained within the limits of the City of Saint Paul shall file a bond in the sum of rivo thousand dollazs ($2,000.00) for each and every advertising sign. The bond shall be conditioned to indemnify and save the City of Saint Paul hamiless from all damages, costs and eapenses, actions and causes of action that the city may incur 11 7.5 �'i_lo�� or be liable to incur by reason of construction, maintenance or removal of any advertising sign. (2) In lieu of the two thousand dollars ($2,000.00) bond required above, the owner may provide a bond covering all advertising owned or in control of any person, firm or corporation wluch shall be in the amount of twenty-five thousand dollars ($25,000.00) and shall be filed with the city. Tlus bond shall be conditioned as stated above. (3) All bonds shall be kept in force as long as the advertising signs aze maintained. If any of the bonds becomes dischazged by reason of nonpayment, liability, lapse of time for any reason whatever, the same sha11 be renewed 'uxunediately. If the bonds aze not renewed upon demand, the advertising signs for which said bonds were enacted may be summarily removed by the city. Discussion There has been difficulty when the city issues a pernut for an advertising sign to be located along a state trunk highway or interstate highway to one company and the state issues a pemut for an advertising sign located along the same state truuk highway or interstate.highway to a different company. Requiring the applicant to obtain approval from the state before applying to the city will help to eliminate tlus confusion. 12 -,,, �'t _ lo� Additions to the proposed minor zoning amendments for June 1997 Amendment #2 (planned shopping center) Secfion 60.532(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center at and which do not provide drive-through window service. Section 62.104(13) (13) Landscaping. For any parking facility, other than a parking gazage, landscaping sha11 be provided to buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glare and heat effects of large expanses of pavement; and provide azeas for the retention and absorption of stormwater runoff. All required yards and any underdeveloped space shall be landscaped using materials such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for more than fifty (50) cars sha11 contain planted islands. As a minunum, one (1) square foot of landscaped azea shall be provided for every ten (10) square feet of pauing. A fast-food restaurant that is not part of a retail strip center shall provide, as a minimum, one and one-half (1.5) squaze feet of landscaped azea for every ten (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance with section 62,109. Discussion These aze two references to planned shopping center that should be eliminated along with the other references. Section 60.532(2)(n) (B-2 permitted uses) n. Fullv enclosed auto sales when incor�orated within a multi-use retail center. Discussion Staff recommends that the language above be added to the code to allow for the e�sting cases where there is fully enclosed auto sales. This will ensure that those uses do not become nonconfonuiug with this amendment. 13 � r� r l o�� {�jj� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Muitifamily Residential Aistrict in section 60.443. �8jf� Pawn shops when the business is conducted withiu completely enclosed buildings. {9j�7� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximssm Lot Size Per Height Minimum Yard Setback percent of Floor linit oCStructures (Per Lot in FeeU y Area " Area in Width Side Oecvpied Ratio Square in In In Front Mini• Total Rear BYMain tFAR; Zuning DistriM Feet Feet Staries Feet mum of Twa $uilding 6i.303 BUSINESS DISTF2ICTS O&1 Office-Service none none 3 d 30 d E15 e,g b b 6,c none 7.0 $�1 I.oral Business none none 3 30 p15 a,g b b b,c none 1,0 B•2 Community Business none none d, 30 db� � 0.e�g— b, . b!� b,cl� none 2.0 B•2C Community 8usiness none none 9 30 d 25 h 4 8 25 309c NA (ConveRed) Minimum Size Maximum Maximum Lot Size Per Fieight Minimum Yatd 3etback percent of Floor L3nit of Structures (Per Lot in Feet) �� prea Area in Width Side Occupied Ratio Squere in In In Fzont Mini- Total �' BY Main (FARI ZoningDiatrict Feet Feet SWries Feet mum ofTwo Bssilding B3 General Buainess none none d 30 d€ Og 6 b b,c none 2.0 B-4 Central Business none none no limit no limit no limit none none none c none 8.0{2 B-5 Central Business Service none none no limit no limit no Simit none none none c none S.Of? C� "�c � � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date � An ordinance amending Chapter 60 of the Saint Paul L.egislative Code pertaining to Zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 60.219. S. (Defuritions) of the Saint Paul Legislauve Code is hereby amended to delete the following definition: �i � 1%��I% %/f%7a�lA/fi�l—%/Si1/II��Iie��R4JCi�5RiNl�l��l��V eRV ��\�llA(��lil�t\7��1�1��.��L.t�It�lY'IIt�Iw1��1V l��l��l�Il Section 2 That Secfion 60.532.(2)(d) (B-2 District) of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 60.532.(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center � sf��;� and which do not provide drive-through window service. Section 3 That Secfion 60.532.(2) (B-2 Dishict) of the Saint Paul Legislative Code is hereby amended to add the following clause: Sec. 60.532.(2) S �.�o S �' ��.� �. - � ( �'i l `� � Council File # 1� — ! Q8q Ordinance # Green Sheet # 3 �9 �q ORDINANCE CITY OF SAINT PAUL, MINNESOTA n. Fully enclosed auto sales when incorporated within a multi-use retail center. 40 Section 4 � �`� } �� ""� � � /a � � � � 41 �`1 -Io� 42 That Section 60.534. (B-2 District) of the Saint Paul I,egislative Code is hereby amended to read as 43 follows: 44 45 Sec. 60.534. Principal uses permitted subject to special conditions. 46 47 The following additional uses shall be permitted, subject to the standards specified for ail special condition 48 uses as set forth in secfion 64300(c). All principal uses permitted subject to special condifions shall be 49 reviewed and approved by the planning commission. 50 51 52 53 54 55 56 5� 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (1) �Z) All uses as permitted and regulated in the B-1 Local Business District under principal uses pemutted subject to special conditions. Open air uses which aze accessory to a principal use pernutted in the district and located on a zoning lot at least 20,000 square feet in area ' as follows: a. Retail sales of plants not grown on the site, lawn furniture, playground equipment, and garden supplies; provided, fuither, that such use shall be located at the end ar reaz of the building. •- - - - - -- -- - - - - - - - -- - - - - -- - - - -- : I��V �'I�1�1l�I�l4R�I�)��(��l�I1lR�i'�'I��if�]�.��5��4\�1K�.�5�1�.��liwi(�i�l�'/lR!��!�l�Ar - -- --- - - - - - - .. - - - -- --- - - -- -- - - - - - - ---� -- ---•-- - ,_- (3) Bowling a11ey, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commerciai recrea6on when located at least one hundred (100) feet from any front, reaz or side yazd of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. � ---- - - �:..�,� f6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The construcUOn and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities used in conjunction with the operation of the auto service station shall be in accordance with current city specifications. Such specifications sha11 be developed by the city platuiing coordinator, traffic engineer and city fire marshal, and sha11 be approved by the plamuug comxnission, and filed with the city clerk. 91 92 93 94 95 96 97 98 49 100 101 102 103 104 105 106 107 108 109 110 111 st.bs� _ q��y�q� b. A ten-foot buffer azea with screen planting and an obscuring wall or fence shall be q� ,�� required along any properiy line adjoining an e�sting resident or adjoining vacant land zoned for residential use. c. The miuimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for ineidental servicing of automobiles (including lubricating facilities) and auto convenience matkets may be permitted on a lot of rivelve thousand (12,000) square feet, subject to all other provisions herein required. ¢�j�5� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM- 1 Multifanuly Residen$al District in section 60.443. f$j� Pawn shops when the business is conducted within completely enclosed buildings. f 9j�7,2 Accessory buildings, structures and uses customarily incident to the above permitted uses. Section 5 ll2 That Secfion 61.103. (schedule of regvlations for business districts) of the Saint Pau1 Legislative Code 113 is hereby amended to read as follows: 114 115 Sec. 61.103. Business districts. 116 117 Notes to 61.103 Business Districts: 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 (a) OfF street parking shall be permitted to occupy a required front yard setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any front or side street right-of-way and the off-street parking area setback meets the requirements of secfion 61103(g)�f . (b) No side or reaz yards are required along the interior lot lines of the district, except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and rear yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the reaz yard in accordance with the requirements of section 62.105. (d) The height of the structure may exceed fliirty (30) feet, provided the structure is set back from all properiy lines a distance equal to the height which said structure exceeds the maximum height of building allowed in the district. - • - - - - - - - - - - - - .:. . �_ . {#j� Floor area bonuses, which encourage certain building features which produce public benefits, shall be granted as follows: 5�+.�os�:�w�. -RId41Nj 142 For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: q ,� _' o �� 143 144 Arcade. An "arcade" is a continuous azea open to a sireet or to a plaza, which is open and unobstructed 145 to a height of not less than twelve (12) feet, is accessible to the public at a11 times, and either: 146 147 148 149 150 151 152 153 154 155 156 157 158 159 16� 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 (1) Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thuty (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adj oins), and ea for the full length of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distauce; or (2) On a corner lot, is bounded on rivo (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum dimension of ten (10) feet. Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns sha11 be considered to be part of the area of the arcade for purposes of computing a floor area bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measwed perpendiculaz to the front lot line), with an area of not less than five hundred fifty (550) square feet, and ea�tending for its entire depth along the full length of such front lot line or for a distance of at least foriy (40) feet thereof, whichever is the lesser distance; or (2) A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimutn dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,OQ0) square feet, with a minunuxn dimension af forty (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open azea of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, except for one opening, by either building walls, or building wa11s and a side lot line, shall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza sha11 not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions permitted by the plamuug commission. (�j�t� On those lots or pazcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. {�rj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsection fgj uf above: 193 194 195 196 197 198 199 200 201 202 Csri��7 � ��s-1�:-�,�� _ g � a � � Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevard). � �_ l .��.� '�.. Since B-2C zoned properiy has a residential character, buildings shall maintain a twenty-fiv� foot front setback or meet the requirements of section 61.101(a). Section 6 203 That Secrion 62.104.(13) (off-street parking faciliry standards and design) of the Saint Paul 204 I.egislative Code is hereby amended to read as follows: 205 206 Sec 62.104.(13) 207 208 (13) Landscaping. For any pazking facility, other than a pazking gazage, landscaping sha11 be provided to 209 buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glaze and 210 heat effects of large expanses of pavement; and provide azeas for the retention and absorption of 211 stormwater runoff: All required yazds and any underdeveloped space shall be landscaped using materials 212 such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for 213 more than fifty (50) cars shall contain planted islands. As a minimum, one (1) squaze foot of landscaped 214 azea shall be provided far every ten (10) square feet of paving. A fast-food restaurant that is not part of a 215 retail strip center shall provide, as a minimum, one and one-half (1.5) square 216 feet of landscaped area for every ten (10) square feet of paving. Any landscaped area shall be planted 217 and maintained in accordance with section 62.109. 218 219 Secuon 7 220 221 That Section 60.573. (B-2C District) of the Saint Paul L.egislative Code is hereby amended to read as 222 follows: 223 224 Sec. 6Q.573. Required Conditions. 225 226 The following conditions sha11 be required of all uses in the B-2C Community Business (Converted) 227 District: 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 (1) When existing buildings aze converted from residential to business use, when existing buildings are enlazged, and when new buildings are erected, off-street parking sha11 be provided as follows: �� c. �! Residenrial uses: One and one-half (1 1/2) spaces per dwelling unit. All other uses: One (1) space for every four hundred (400) square feet of gross floor area or as requued in section 62.103(g), whichever is-greafer requires the fewer number of narkin�spaces. Off-street parking spaces sha11 not be located within a front yazd and may be located within two (2) feet of a side lot line. Off-street parking facilifies on lots without principal buildings shall provide principal access from the street. S�bS�:+��. -�Ia�1w� 244 (2) Except for off=street parking or loading, all business, storage, servicing or processing shall be 245 conducted within completely enclosed buildings. �,� , lo S�j 246 247 248 Section 8 249 That Section 62.102(d) (nonconforming uses of land) of the Saint Paul Legislative Code is hereby 250 amended to read as follows: 251 252 Sec.62.102.(d) 253 254 (d) Nonconforming uses of Zand. Nonconfonning uses of land aze subject to the following provisions: 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 A nonconforming use may continue. (1) A nonconforming use sha11 not be enlarged to a greater height nor e�rtended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of this code. �2) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (3) (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. Any land on which a nonconforming use is superseded by a permitted use shall thereafCer conform to the regulation for the district in which such land is located and the nonconforming use may not thereafter be resumed. (5) (6) , An existing off-street pazking space for one and two-fami� dwel in in a required front or side yazd sha11 be considered a leeal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued- or it can be demonstrated by clear and convincing evidence that the parkin�s ace has been in existence and used continuouslXsince October 25 1975. The burden of proof shall be on the properiv owner. 280 281 Section 9 282 283 That Section 62.102.(fl(12) (nonconfornring uses of structures, or structures and land in combination) 284 of the Saint Paul Legislative Code is hereby amended as follows: 285 286 Sec.62.102.(�(12) 287 288 (12) 289 290 291 292 293 294 In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlazged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. � business o�erated out of a residence must meet all home occuparion standards. The residential uses must also meet the requirements (except for lot azea per dwelling unit) of the schedule of regulations, section 61.101, for the district in which the use is first permitted and the requirements for off-street parking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. �� _ �es� 295 296 Seetien-�A S�`bS�� - aia�;�q� 297 298 . 299 . 300 301 . . 302 303 304 305 306 307 308 309 310 311 � ��tA � � • � tl� • • •� �� • � �� • \ �� ' • • • �� r ��1�� t � � �A • � : - .: - : :�. . . � - �. : � : � :. .. . - .� = : . : : . : �.�.. � �� • : . : .��.. . . . � .. r : : :..:.. . .. � .- . .�.� . .� :�� : . u i �- rn� i�i i '� - 'r.m0" � �-" ��- '�r.n • i� ' :i ' �v. _ •" - 'i i .u� .: .�� : : . Secrion i-�10 That Secuon 66.214.(g) (advertising signs - height) of the Saint Paul Legislative Code is hereby 312 amended to read as follows: 313 314 Sec.6b.214.(g) 315 316 (g) Height. The height of adveftising signs may be measured from the grade of the si�n or surface of the 317 roadway, whichever is higher. Surface of the roadwav shall be the main bed of the roadway�from wtuch the 318 s�n is intended to be read. at the location of the si$n. The hei�ht shall not be measured from anv entrance ox 319 exit ramps associated with the roadwaK 320 Section i�l l 321 322 That Section 66.404.(a) (sign ordinance - pernuts) of the Saint Paul L.egislative Code is hereby 323 amended to read as follows: 324 325 326 327 328 329 330 331 332 333 334 335 336 Sec. 66.404.(a) Permits. (a) Application. Applications for sign andJor sign shucture permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addifion at which advertising signs are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construcrion and placing of the display structure. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Permit a�lications for advertising siens along state n�unk highwavs and interstate hi�hways shall be accompanied by proof that the applicant has obtained a permit from the State of Minnesota for the advertising sign• G� —lo� 337 338 339 Section �312 S �.bs�.� 1�.-l�.- ��ay 1 q-`7 This ordinance shall take effect and be in force thirry days from and after its passage, approval, and publication. Dnaneuc� OCT 251997 Requested by Department of: Plannina & Economic Develonment By: By: Appr ay: Form Approved by City ttorney B ��z��. °l-23.9? Approved by Mayor for Submission to Council By: Adoption Cezti£ied by Conncil Secsetary �;� �osq n nhFin ADFFICE/COUNqL DATE INITIATED J � J � J � GREEN SHEET CONTACTPFASON 8 PHONE �AM OR/IS�9�I � �� (� 7 INITIAUDATE EPARTMENT�IRECTO . � CITYCOUNqL 266-6582 ASSIGN � CITVATfORNEV S yi �'^� � GtYCLERK MUST BE COUNCIL A6ENDA BV (DATE) NUNBEH FON HOUTING � BU DIRECTOR � FIN. & MGT. SERVICES DIR. OPUER AYOR (OF ASSIST �. �Q��' (f�' TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) ACTION PE�UESTED: Adopt June, 1997 Minor Zoning Amendments. � RECOMMENDATIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UES710NS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Ha5 thi5 pefsonflifin evef Wo�ketl under a ContfaCt fOf thls department? CIB COMMITfEE YES NO � S7AFF _ 2. Has this personRlrm ever been a city employee? YES NO _ O�STRIC7 COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any curcent city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes enawers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, Whan, VJhere, Why): Needed minor zoning amendments are delayed if done only periodically. ��,r,�� ,'�.�.�, ��v, �o ,`_-: '<,y 1 � . � n ; > P:t�i:; �+ �; E:J:Di ADVANTAGESIFAPPROVED Zoning Code will be kept up-to-date. �c��' �� - �� ;� DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOTAPPROVED: Needed amendments could face long delay. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDItBG SOURCE ACTIVITY NUMBER FINANCIAL INFORFiATION (EXPLAIN) . ,-. �- c Presented By Re£erred To/ Council File # ��-' �.Q�i� Ordinance # Green Sheet �� 8 9 �� ORDINANCE OF SAINT PAUL, MINNESOTA _ Date 1 2 An ordinance amending Chapter 60 of the Saint Paul I.egislative 3 4 The Council of the City of Saint Paul does ordain: 5 6 Section 1 7 8 That section 60.219. S. (Defuutions) of the Saint Paul gislative 9 following defurition: 10 11 Sec. 60.214. S. 12 . 13 , 14 15 16 ]7 That Section 60.532.(2)(d) (B-2 18 follows: 19 20 Sec.60.532.(2)(d) 21 22 d. Restaurants and fast-food res 23 eenfer and which do not pr id� 24 25 26 Section 2 pertaining to Zoning. Code is hereby amended to delete the of the Saint Paul Legislative Code is hereby amended to read as nts when incorporated within a multi-use retail center er�l�e� ske�ing drive-through window service. Section 3 27 That Section 60.532 )(B-2 District) of the Saint Paul Legislative Code is hereby amended to add the 28 following clause: 29 30 Sec.60.532.(2) 31 32 n. Full enclo d auto s es wh n 33 34 35 Section 4 36 That ection 60.534, (B-2 District} of the Saint Paul Legislative Code is hereby amended to read as follows: 37 38 Sec. 6.534. Principal uses permitted subject to special conditions. 39 40 4J 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7� 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 9'1- taFSq The following addirional uses shall be permitted, subject to the standards specified for all special condition uses as set forth in section 64300(c). All principal uses pernutted subject to special conditions shall be reviewed and approved by the platmiug commission. /4 (1) Ail uses as permitted and regulated in the B-1 Local Business District under cipal uses pemutted subject to special condirions. (2) Open air uses which aze acces o to a rinc' al use ermitted in the dis 'ct and oc ted on a zoning lot at least 20.000 square feet in azea ' � as follows: s a. Retail sales of plants not grown on the site, lawn fuiniture ayground equipment, and garden supplies; provided, fiu that such use shall be ' ated at tlxe end or rear of the building. / (3) Bowling alley, billiazd hall, indoor arche range, indoor tennis courts, racquet ball and hand bali courts, dance hall, electronic game indoar skating rink, or similar forms of indoor commercial recreation when locate � at least one hundred (100) feet from any front, rear or side yard of any residential lot in an ad� cent residential district measured from the closest point of the building in which the use is loc ed to the closest residential property line. ! IYi �M��I�l1�wl�l�l�I�l��lR�I��R�l�1 ee�ter: � Auto conve conditions: auto service stations and auto specialty stores subject to the following a. The nstruction and maintenance of all driveways, curbs, sidewalks, pump islands or oth facilities used in conjunction with the opera6on of the auto service sta6on shall be i ccordance with current city specifications. Such specifications shall be developed by e city plazuiing coordinator, tr�c engineer and city fire mazshal, and sha11 be approved by the planning comxnission, and filed with the city clerk. A ten-foot buffer azea with screen planring and an obscuring wall or fence shall be required along any properiy line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minimum lot azea stiall be fi8een thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no faciliries for incidental servicing of automobiles (including lubricating facilities) a� - to�y 91 ' and auto convenience mazkets may be permitted on a lot of twelve thousand (12,000) 92� squaze feet, subject to all other provisions herein required. 93 94 {�jj� Licensed correctional community residenfial facilities, health departrnent-licensed c� 95 residential facilities and emergency housing facilities subject to conditions as set forth 96 Multifamily Residential District in section 60.443. 97 / 98 f&}� Pawn shops when the business is conducted within completely enclosed buildi . s. 99 100 {�}j(7� Accessory buildings, structures and uses customarily incident to the a 101 102 Section 5 � 103 � 104 That Section 61.103. (schedule of regulations for business districts) of th�lSain 105 hereby amended to read as follows: �' 106 107 Sec. 61.]03. Business districts. 108 109 110 Sec. 61.103. Business districts. iil 112 Minimum Size Maximum Lot Size Pez Height Minimum Yard Setback 113 linit of Structures (Per Lot in Feet) 114 Area in Width " 6ide 11$ Squaze in In In q d� Front Mini• Tota] Rear 116 Zaning DistriM Feet Feet Stories Fe �{ mum of Two 11� 61.103 118 BUSINESS DISTRTCTS 114 OS-1 O�caService none none 3 d 30 d 15 a,� b b 12� B-1 I.ocal Business none none 3 30 15 a, b b IZI $-2 CommunityBusiness none � none SO d, 0�, f b,l�. b,1 122 8-2C Community Business none none 3 30 d 25 H 4 8 (Converted) 123 124 Minimum ue Ma�dmum b,c b,c b,c� 25 1 ZS Lot Siz,e� er Height Minimum Yerd Setback 126 U�'ht of Structures (Per Lot in Feet) 12'J m Width Side 12g are in In In Frant Mini• Total ��' Zoning District eet Feet Sfaries F'eet mum of Two uses. 1 Paul Legislative Code is Maximum Percen[ of Lot 6ccnpied By Main Building none nonz none 309� Maximum Percent oP Lot Occupied By Main Building i29 B-3 General Bueiness none nane d 30 d 0�,f b 6 6,c none 13 � g-q Central Business none none no limit no limit no limit none none none c none 131 B.5 Central Business Se ce none none no limit no limit no limit none none none c none 132 133 134 135 Notes to 61.103 siness Districts: 136 Floor Area Ratio IFAR' 1_0 1.0 2.O�A A NA Floar Area Ratio (FAR) 2.0 S.O�e 137 (a) Off-street parking shall be permitted to occupy a required front yazd setback; provided, that the 138 off-street pazking area, exclusive of access driveways, shall be set back a minimum distance of 139 six (6) feet from any front or side street right-of-way and the off-street pazking azea setback meets 140 the requirements of section 61.103(g)�f . 141 ia2 �t�1- to�f '(b) No side or reaz yazds aze required along the interior lot lines of the district, except as otherwise 143 specified in the building code; provided, that if walls of structures facing such interior lot 1� s 144 contain windows, or other openings, yards of not less than ten (10) feet shall be provided i e 145 and rear yards of at least ten (10) feet shall be required when a business dishict adjoins a s' e yazd 146 in an adjacent residence dishict. 147 148 (c) Off-sireet loading space shall be provided in the reaz yard in accordance with the uirements of 149 section 62.105. 150 151 (d) The height of the shucture may exceed tivrty (30) feet, provided the struc e is set back from all 152 property lines a distance equal to the height which said structure exceed e ma�mum height of 153 building allowed in the district. 154 155 156 , , ' , . . 157 158 {#j� Floor area bonuses, which encourage certain building fea s which produce public benefits, shall 159 be granted as foilows: 160 161 Far the purpose of this bonus provision, an azcade and plaza 11 be defined as follows: 162 163 Arcade.An "azcade" is a continuous area open to a street to a plaza, which is open and unobstnxcted to 164 a height of not less than twelve (12) feet, is accessible to th ublic at all times, and either: 165 166 (1) Adjoins a front lot line or a plaza boun , is not less than ten (10) feet or more than thirty (30) 167 feet in depth (measured perpendiculaz to e front lot line or plaza boundary which it adjoins), and 168 extends for the full length of, or fo (40) feet along, such front lot line or plaza boundary, 169 whichever is the lesser distance; ar 170 171 (2) On a comer lot, is bounded on (2) sides by the two (2) intersecting street lines, and has an azea 172 of not less than five hundred 00) square feet and a minimum dimension of ten (10) feet. 173 174 Such an azcade shall not a' y point be above the levei of the sidewalk or plaza which it adjoins, 175 whichever is higher. An ortion of an azcade occupied by building columns shall be considered 176 to be part of the area o. the azcade for purposes of computing a floor area bonus. 177 178 PZaza. A"plaza" is an open. ` ea accessible to the public at a11 times, which is either: 179 180 (1) A continuous,, pen area along a front lot line, not less than ten (10) feet deep (measured 181 perpendicul to the front lot line), with an area of not less than five hundred fi$y (550) squaze 182 feet, and e nding far its entire depth along the fixll length of such front lot line or for a distance 183 of at leas � oriy (40) feet thereof, whichever is the lesser distance; or 184 185 (2) A co f uous open azea on a through lot, e�ctending from sh to street and not less than foriy 186 (40 feet in width, measured perpendicular to the nearest side lot line; or 187 188 (3) n a corner lot, an open area of not less than three hundred fifty (350) square feet, which is 189 bounded on two (2) sides by the two (2) intersecting street lines and which has a ininimum 190 dimension of ten (10) feet; or 191 192 (4) An open area of not less tt�an four thousand (4,000) squaze feet, with a minimum dimension of �t�- larr� 193 ' foriy (40) feet which is bounded on one side by a front lot line of which is connected to the et 144 by means of an azcade, or by an open azea of not less than thirry (30) feet wide. 195 196 Except for an open azea as set forth in item (4) above, no portion of such an open azea which is b ded on all 197 sides, except for one opening, by either building walls, or building walls and a side lot line, sh e considered 198 part of the plaza, unless the opening of such portion is at least foriy (40) feet in width. 149 200 A plaza shall not at any point be more than five (5) feet above the curb level of the azest adj oining street, 201 and shall be unobstructed from its lowest level to the sky, except for those obsiructions ernritted by the plauniug 202 commission. 203 204 {gj�f� On those lots or parcels, or portions of lots or pazcels, whic adjoin a right-of-way line of a 205 parkway, the required setbacks from the pazkway right-of-wa ine shall be equal to that required 206 for residential uses in effect along the pazkway right-of-w, or twenty-five (25) feet, whichever 207 is greater. 208 209 fkj� Those parkways and portions of parkways liste below are excluded from the setback 210 requirements established in subsection {gj �f� abo : 211 212 Ford Pazkway (from Kenneth Street to Finn S et and north side between Finn Street and Mount 213 Curve Boulevazd). 214 215 Gannon Road. 216 217 f ij(� Since B-2C zoned property has a res ential character, buildings shall maintain a twenty-five-foot 218 front setback ar meet the require ' nts of section 61.101(a). 219 220 Section 6 221 222 That Section 62.104.(13) (off-stree parking facility standards and design) of the Saint Paul Legislative 223 Code is hereby amended to read as fol' ws: 224 225 Sec 62.104.(13) 226 227 (13) Landscaping.For any paz ' g facility, other than a pazking garage, landscaping shall be provided to buffer 228 the facility from adjace ` properties and from the public right-of-way; reduce the visual glaze and heat 229 effects of laxge expan " s of pavement; and provide areas far the retention and absorption of stormwater 230 runoff: All required ds and any underdeveloped space shall be landscaped using materials such as trees, 231 shrubs, sod or gro dcover plants. In addirion to perimeter landscaping, pazking lots for more than fifty (50) 232 cars sha11 conta' ' lanted islands. As a minimum, one (1) square foot of landscaped azea shall be provided 233 far every ten ) square feet of pauing. A fast-food restaurant that is not part of a retail strip center e� 234 sha11 provide, as a minimum, one and one-half (1.5) square feet of landscaped area 235 for every te (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance 236 with secf n 62.104. 237 Section 7 238 239 Th Section 60.573. (B-2C Disuict) of the Saint Paul Legislarive Code is hereby amended to read as 240 follow 241 242 S. 6Q.573. Required Conditions. 243 �'1- 1 D�� 244 ' The following condifions shall be required of all uses in the B-2C Community Business (Convert ) 2,45 District: 246 247 (1) When existing buildings are converted from residential to business use, when e�sting 'ldings 248 are enlarged, and when new buildings are erected, off-street parldng shall be provide follows: 249 250 a. Residenfial uses: One and one-half (1 1/2) spaces per dwelling unit. 251 252 b. All other uses: One (1) space for every four hundred (400) square fe of gross floor area 253 or as required in section 62103(g), whichever is-greate� re uire e f we number of 254 pat ' s aces. 255 256 c. Off=street parking spaces shall not be located withiu a fr t yazd and may be located 257 within two (2) feet of a side lot line. 258 259 d. Of£-street pazking facilities on lots without princip buildings shall provide principal 260 access from the street. 261 262 (2) Except for off-street pazking or loading, a11 business torage, servicing ar processing shall be 263 conducted within completely enclosed buildings. 264 265 5ection 8 266 267 That Section 62.102(d) (nonconforming uses of d) of the Saint Pau1 I.egislative Code is hereby 268 amended to read as follows: 269 270 Sec.62.102.(d) 271 272 (d) Nonconforming uses of land. Nonconformi uses of land are subject to the following provisions: 273 274 (1) A nonconforming use may c ntinue. 275 276 (2) A nonconforming use sball not be enlazged to a greater height nor extended to occupy a greater 277 area of land than was ' cupied at the effective date of adoption or amendment of this code. 278 279 (3) A nonconforming, se shall not be moved in whole or in part to any other portion of the lot. 280 281 (4) If such nonco orxning use of land ceases for any reason for a period of ninety (90) days or more, 282 any subseq , nt use of such land shall conform to the regulations specified by this code for the 283 district in 'ch such land is located. This is not intended for those uses which remain on the land 284 but who activity may cease for a period longer than ninety (90) days, due to reasons associated 285 with - customary operafion of such use. 286 287 (5) land on which a nonconfornvng use is superseded by a permitted use shall thereafter confoxm 288 o the regulation for the district in which such land is located and the nonconforming use may not 289 thereafter be resumed. 290 291 (6 , An existing off-street parking space for one and two-familv 292 dwel in s in a required front or side yard shall be considered a leeal nonconforming use provided 293 the parking space was established pursuant to a curb cut pernvx issued by the department of public 294 works prior to October 25, 1975, and the pazldng space has been continuous since the permit was �t�- �osq 295 ' issued.- or it can be demonstrated by cleaz and convincine evidence that the pazking space has been 296 in existence and used conrinuouslv since October 25. 1975. The burden of proof shall be on the 297 property owner. 298 Section 9 299 300 That Section 62.102.(�(12) (nonconforming uses of structures, or structures and land in co mation) 301 of the Saint Paul Legislative Code is hereby amended as follows: 302 303 Sec.62.102.(�(12) 304 305 (12) In any RM-3, OS-1, B-i, B-2, B-3, I-1, or P-1 district, e�sting residential uses may enlazged, extended, 306 recons�tn.icted or altered provided no additional dwelling units aze added on the lo . Any business o�erated 307 out of a residence must meet all home occupation standards. The residenti uses must also meet the 308 requirements (except for lot azea per dwelling unit) of the schedule of re ions, section 6l .101, for the 309 district in which the use is first pernutted and the requirements for of treet parking, section 62.103. 310 Reconshuction of the uses must begin within one (1) year of the remo of the buildings. 311 312 Secrion 10 313 314 That Section 62.103.(fl(3)(d) (rules for computing required ' king) of the Saint Paul I.egislative Code 315 is hereby amended to read as follows: 316 317 Sec.62103.(�(3)(d) 318 319 d. Expansion of a licensed shucture with an on-sale in xicating liquor or an entertainment license, or a new 320 on-sale liquar license, or an upgrade in an entertainment license, when located 321 within six hundred fifty (650) feet of another ex' ting establishment with an on-sale intoxicating liquor or 322 entertainment license shall provide an additi al fifteen (15) percent of any parking shortfall. 323 324 Section 11 325 326 That Section 66.214.(g) (advertising gns - height) of the Saint Paul I.egislative Code is hereby amended 327 to read as follows: 328 329 Sec.66.214.(g) 330 331 (g) Height. The height of advertis' �g signs may be measured from �g grade of the si�n or surface of the roadway, 332 whichever is higher. Surface; f the r adwa shall be the main bed of the roadwa from whic the si n is 333 intended to be read at the loc 'on of the si . The hei ht sha11 not be measured from an entrance or e�t ram s 334 associated with the roadw . 335 Section 12 336 337 That Section 6.404. (a) (sign ord'niauce - pernuts) of the Saint Paul I,egislative Code is hereby amended 338 to read as follows• 339 340 Sec.66.404.( Permits. 341 342 (a) pplication. Applicarions for sign and/or sign structure permits shall be submitted to the zoning 343 a � trator. Each application sha11 contain the names and addresses of the owners of the display structure and 344 property; the address at which any signs are to be erected; the lot, block and addition at which advertising signs 345 are to be erected and the street on which they aze to front; and a complete set of plans showing the necessary �'L-- lo � 346 elevations, distances, size and details to fully and cleazly represent the construction and placing of the dispiay 347 structure. Structural plans aze required for all freestanding signs greater than fifty (50) square feet. Permit 348 an�lications for advertising siens along state ri•unk highwavs and interstate hi�l�ys shall be accom�anied by 349 proof that the applicant has obtained a permit from the State of Minnesota for the advertisine sien. 350 351 Section 13 352 353 This ordinance shall take effect and be in force thirty days from and after its passage, a oval, and publication. Adopted by Council: Adoption Certi£ie�by Council Secretary By: RequesCed by Department of: Plannina & Economic Develooment s By: �� Forn Approved by�P"iayor: Date Appx By: / By: �wbsf�� 3�1 �1��9� ��a-� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: TO: FROM: RE: September 23, 1997 CouncIl Member Blakey Peter VT. Warner, CAO Council Agenda Item No34. Council File No. 97-1089. Council Session: 9-24-97 Dear Council Member Blakey: Attached please fmd a substitute copy of Council File No. 97-1089. I am submitting this substitute version to you at the request of the Departments of Licenses, Inspections and Environmental Protection and Plamiing and Economic Development. Staff from both of the above named departments felt that Section 10 of Council File No. 97-1089, (proposing amendments to Saint Paul I.egislative Code § 62.103(fl(3)(d) as it pertains to computing required parking at on-sale liquor or entertainment establishments), required additional examination to insure enforcement of the regulations contained therein. Accordingly, and on behalf of LIEP and PED, we respectfully request that you introduce the attached, subsritute version of Council File No. 97-1089. This subsdtute version, aside from the deleuon of Section 10 (and the accompanying renumbering of subsequent sections), remains the same as the version presented at the first and second readings of this proposed ordinance.. In the meantime, staff from LIEP and PED have agreed to review the present language of the subject ordinance and resubmit what ever changes they make for consideration at a subsequent time. If you have any questions, please do not hesitate to contact me. ��/,'�/crv,.�.� �?— 23-5 � Thank you. cc: Wendy Lane, LIEP Kady Dadlez, PED �'1-1o�q CTTI' OF SAINT PAITL 390 Ciry Hali Telephane: 6I2-266-85I0 Norm Colemart, Mayor IS West Kellagg Boulevard Facsimile: 612-228-8513 Sa'u¢ Pau[, MNSSIO2 August 13, 1997 Council President David Thune and Members of the Saint Paul City Council 15 West Kellogg Boulevazd 3rd Floor City Hall-Court House Saint Paul, Minnesota 55102 Dear President Thune and Members of the City Councii: Beginning in 1982, the Planning Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, eta There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cazry-out newly adopted plans, clarify regulations, cosect errors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission considers and recommends to the City Council minor zoning amendments several times each year. The current Minor Zoning Amendment recommendations are attached (June, 1997). They concern planned shopping centers, parking requirements in B-2C zoning districts, front and side yard parking, parking requirements for liquor license upgrades, measuring the height of advertising signs, and requiring applicants to obtain state permits for advertising signs before applying for city permits. Please note that the first amendment proposed in the report, modifying home occupation requirements, was not recommended for adoption by the Planning Commission at this time. The Commission felt that the entire home occupation section should be reviewed in light of the changes taking place with telecommuting and home offices. The Zoning Committee of the Planning Commission held a public hearing on the proposed amendments on July 3, 1997. The Commission recommended their approval, except for the one relating to home occupafions, on 7uly 11, 1997, as set forth in the attached resolution. I am pleased to transmit these amendments to you for your review and approval. Sincerely, N��l�--� Norm Coleman Mayor NC:kd �'I - 1o�sq city of saint paul pianning commission resolution file number 97-47 �te July 11, 1997 MINOR ZOIVING AMENDMENTS JUNE 1997 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendmenu to the Mayor and Ciry Council is the most desirable way to keep the zoning code as current as possible; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission held a public hearing on proposed minor zoning amendments concerning planned shopping centers, parking in B-2C districts, front and side yard parking as it relates to driveways, home occupations in commercial and industrial zoning districts, parking requirement for liquor license upgrades, and regulation of advertising signs, at its July 3, 1497 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 impractical; 2. That a survey of an area 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 May 28, June 4, and June 11, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends approval of the following zoning code amendments in the "Minor Zoning Amendments June 1997" study pertaining to planned shopping centers, pazking in B-2C districts, front and side yazd parking as it relates to driveways, home occupations in commercial and industrial zoning districts, pazking requirement for liquor license upgrades, and regulation of advertising signs, and directs the Planning Admuristrator to forwaid the study and this resolution to the Mayoz and City Council for their review and action. moved by �au�t seconded by in favor U�us against . � r1- tQ�9 MINUTES OF THE ZONING CONL�I2TTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JULY 3, 1997 PRESENT: Mmes. Faricy and Wencl; Messrs. Chavez, Fie1d, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mme. Lane, LIEP; and Mmes. Dadlez and Kaplan and Mr. Ryan of the Zoning Office of PED, ABRENT: Gordon, excused The meeting was chaired by Litton Field, Chairperson. MTNOR ZONING TFXT AMENDMENT iTNF i997 Kady Dadlez, Zoning Office staff of PED, reviewed the sta£f report. 1. MOD=FY THE HOME OCCIIPATIQN REQUIREMENTS TO CLARIFY TFiAT TEACAING TO ON8 PARTY AT A TIME IS ALLOWED BIIT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOVIED, Wendy Lane, LIEP, explained that some latitude exists with the reference to °one party" per employee and what constitutes.a party. Two piano students that are working on a duet could be considered one party; so too could a counselor which counsels a family; or a tax person who deals with partners in a£irm; all could qualify as one party, and some discretion would be allowed. Commissioner Vaught didn't see one party being interpreted that broadly, and was concerned regarding the potential for variation in interpretation within the office of LIEP. He also believed triat the 1'anguage to be too restrictive. He said that if what is meant is to allow it to be more expansive than the language should state that. Commissioner Kramer suggested that better language could be arrived at and that time would allow for that redrafting. Commissioner Wencl asked why LIEP initiated this zoning text amendment. Ms. Lane noted that en£orcement of such matCers is only done on a complaint basis, and gave two examples of what initiated the proposed amendment. 1) An aerobics studio operated out of a home which drew a large number of persons on a regular basis; and 2) A nutrition class - where someone came in and taught macrobiotic cooking and had nutrition-related classes which generated a number of complaints. AlChough LIEP has cited for these homeowners that they are not allowed to serve more than one party per employee, and were successful in restricting both_of those types of businesses under the current language, LIEP would like language that addresses classes in the ordinance. Commissioner Chavez gave an example of being a distributor for Amway for instance, and warehousing thz products in the home, and provide classes on distributorships with people coming in, and asked if the language prohihits such activities. Ms. Lane said that it does prohibit such activity if a a a�'� — 1 Ob� complaint was made, and that retailing and wholesaling is not permitted out of a home. Commissioner Vaught said he could understand the example of two persons as one party; however he was not so sure he would want to prohibit a small group of four unrelated people. There was some discussion regarding the examples given by Ms. Lane. She said that perhaps £urther examination need be given the definition of a"party". Commissioner Vaught suggested that the issue of home occupations be looked at as home occupations will only increase over time. Ms. Lane noted that LIEP would also like to look at vehicles associated with home businesses as they have had difficulty with enforcement given St. Paul's current language. Commissioner Kramer considered that perhaps instead of rewriting the home occupation section, that language be added stating that home occupations which serve more than x number of people aC the same time are not considered a home occupation. Commissioner Gurney said triat as an inspector he didn't believe a ttome occupation would be strictly enEOrced unless a neighbor called in a complaint, and that inspectors would often try to mitigate such a situation, and he was comfortable with the existing language. Commissioner Vaught said he didn't think anything should be in the code that allows discriminatory enforcement. Commissioner Wenc1 asked whether any time limitation was present in this amendment and it was determined that there was no time limit. She suggested that the language be relooked at by staff, with more consideration given to other home occupations in terms of technology and computers, that will be a part of the future home occupations. The committee directed further review by staf£ and that this matter be given further consideration at a future discussion o£ minor zoning text amendments. 2. ELIMINATE PLANNED SHOPPING CENTER AS A IISE PERMITTED SIIBJECT TO SPECIAL CONDITIONS. There was no discussion. Commissioner Vaught moved approval. Commissioner Kramer seconded the motion. The motion carried with a unanimous voice vote. 3. CLARIFY THE PARKING REQIIIREMENT IN B-2C ZONING DISTRICTS There was no discussion. Commissioner ICramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unanimous voice vote. 2 �� os� 4. SIMPLIFY THE PROCESS FOR DfiTERMINING WHETHER E%ISTING DRIVEWAYS pRR NONCONFORMING AND TH$REFORE MAY CONTINIIE. Commissioner Kramer moved approval. Commissioner Chavez seconded the motion. The motion carried with a unaaimous voice vote. 5. REQIIIRE HOME OCCIIPATIONS IN EX15TING DWELLZNG IINITS IN COMM$RCIAL AND INDIISTRIAL ZONING DISTRICTS TO BE SIIBJECT TO THE REQIIIREMENTS FOR HOME OCCIIPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS. There was a brief discussion providing clarification of what is recommended. Commissioner ICramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 6. MODIFY THE SECTION ABOIIT HOW TO CALCIILATE PARKING REQIIIREMENT FOR LIQIIOR LICENSE IIPGRADES. There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 7. CLARIFY HOW THE HEIGHT OF AN ADVERTISING SIGN IS MEASIIRED There was no discussion. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. 8. AMEND SIGN ORDINANCE TO REQIIIRE APPLICANTS TO OSTAIN A STATE PSRMIT FOR AN ADVERTSSING SIGN BEFORE THfiY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. � There was a brief discussion regarding LIEP's sign ordinance procedures. Ms. Lane reported that procedures have been drafted and are in the process of being finalized. Commissioner Kramer moved approval. Commissioner Vaught seconded the motion. The motion carried with a unanimous voice vote. Drafted by: Submitte by: �"^'"""�� Donna Sanders Kad�lez Recording Secretary q� _ j�� MINOR ZONING AMENDMENTS JITNE 1997 q �, �� MIl�TOR ZONING AMENDMENTS dUNE 1997 1. MODIFY THE HOME OCCUPATION REQLTIREMENTS TO CLARIFY THAT TEACHING TO ONE PARTY AT A TIME IS ALLOWED BUT THAT TEACHING TO GROUPS OR CLASSES IS NOT ALLOWED Sec.60.412('n (7) Home occupations wttich aze compatible with other residential uses and which maintain and preserve the character of residential neighborhoods subject to the following requirements: a. A home occupation shall not involve the conduct of a retail or wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the properry. b. A home occupation may include professional offices, small service establishments or offices, or homecrafts which are typically considered accessory to a dwelling unit. c. A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or garages. d. All home occupation activities in dwelling units of less than four thousand (4,000) square feet of total living azea, excluding a cellar and attic, shall be conducted by no more than two (2) persons, one of whom shall reside within the dwelling unit. All home occupation activities in dwelling units of four thousand (4,000) or more square feet of total living azea, excluding a cellaz and attic, shall be conducted by no more than three (3) persons, one of whom shall reside within the dwelling unit. e. No stnxctural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation. f. Service and teachine occupations shall serve no more than one pariy per employee at a time and shall not serve groups or classes. g. There sha11 be no exterior storage of equipment or supplies associated with the home occupation nor parking of more than one business caz, pickup truck or smail van nor any additional vehicles except those for pernutted employees identified under paragraph d. ��-�o�y h. There shall be no detriments to the residential chazacter of the neighborhood due to noise, odor, smoke, dust, gas, heat, glaze, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any other annoyance resulting from the home occupation. A home occupation may have an identificarion sign no larger than two (2) square feet in azea, w}uch sha11 not be located in a required yard. Home occupations for handicapped persons that do not meet these conditions may be reviewed by the boazd of zoning appeals which may modify or waive the requirements a through g. Discussion This amendment codifies LIEP's interpretation of the home occupation ordinance that teaching as a home occupation is okay as long as it is with one pariy at a tnne and not with groups or classes. This is consistent with existing language in the zoning code. 2. ELINIINATE PLANNED SHOPPING CENTER AS A USE PERMITTED SUBJECT TO SPECIAL CONDITIONS �I � --- . - -- - - -- - -- - -- - - - Sec.60.534 Principal uses permitted subject to special conditions. The following additional uses shall be perxnitted, subject to the standards specified for a11 special condition uses as set forth in section 64300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as pernutted and regulated in the B-1 Local Business District under principal uses permitted subject to special conditions. (2) Open air uses which aze accessorv to a�rincipal use permitted in the district and located on a zonin� lot at least 20.000 square feet in area �� ske�-eer�er- as follows: a. Retail sales of plants not grown on the site, lawn fuiviture, playground equipment, and garden supplies; provided, further, that such use shall be located at the end or reaz of the building. •-- -- - - - --- - - - - • - --- -- -- - - - - - - - L, � �►-�- ��y - .: - --- -- - - - - - -- -..:.: .: - - - -- - - -- -- - - - - -- - - - -:- - -- ---- --- - - -- - - - - - - -- - ---- .. -- --- - �- (3) Bowling alley, billiazd hall, indoor azchery range, indoor tennis courts, racquet ba11 and hand ball courts, dance hall, electronic game room, indoor skating rink, or similaz forms of indoor commercial recreation when located at least one hundred (100) feet from any front, reaz or side yazd of any zesidential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line. : . -- --- - -•--- > (-6j� Auto convenience mazkets, auto service stations and auto specialty stores subject to the following conditions: a. The conshuction and maintenance of a11 driveways, curbs, sidewalks, pump islands or other facilifies used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such specifications shall be developed by the city planning coordinator, traffic engineer and city fire mazshal, and shall be approved by the planning commission, and filed with the city clerk. b. A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. c. The minnnum lot area sha11 be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which aze required to wait. Auto service stafions which are intended solely for the sale of gasoline, oil and minor accessories and having no facilifies for incidental servicing of automobiles (including lubricating facilities) and auto convenience markets may be pernutted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. ��, � ° t'1 - 1 ��y (�j� Licensed correctionai community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Multifamily Residential District in section 60.443. {$j�6,� Pawn shops when the business is conducted within completely enclosed buildings. f9j� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximum Lot Size Per Height Minimum Yard Setback percent ot F'loor linit of Structures (Per Lot in FeetJ y�t Area Area in Width Side Occupied itatio � Sqvare in In i Front Mini- Total ReaT BY Main IFAR� Zoning District Feet Feet Stories Feet mum of Two Building 61.103 BUSINESS DISTRICTS O&1 Ofl'iceService none none 3 d 30 d F15 a,g b b b,c none 1.0 B-1 Loca1 Business none none 3 30 p15 a,g b b b,c none 1.0 B•2 Community Business none none d,e 30 d� ¢ 0-e�� b,e . b� b,cb� none 2.0 B-2C Community Bveiness none none 3 30 d 25 h 4 S 25 309c NA (Convertedl Minimum Size Marimum Maximum Lot Size Per Height Minimum Yard Setbeck percent of Floor Unit ot Structures (Per Lot in Feet) �t Area Area in Width Side Occupied Ratio Square in In In Front Mini- Total Reai' By Main fFARI Zoning District Feet F'eet Stories Feet mum of Two Building B-3 General Buainess none none d 30 d p 0-g b b b,c none 2.0 &4 Centra] Business none none na limit no limit no limit none none none c none 8.0-F? B•5 Central Business Service none none no limit no limit no limit none none none c none 5.048 'Q .!� q�- t�fiy Notes to 61.103 Business Districts: (a) Off-street pazking shall be pernutted to occupy a required front yazd setback; provided, that the off-street pazking area, exclusive of access driveways, shall be set back a m;n;mum distance of six (6) feet from any front or side street right-of- way and the off-street pazking azea setback meets the requirements of section 61.103(g} t�. (b) No side or reaz yazds aze required along the interior lot lines of the district, except as othenvise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows, or other openings, yazds of not less than ten (10) feet shall be provided. Side and reaz yards of at least ten (10) feet shall be required when a business district adjoins a side yard in an adjacent residence district. (c) Off-street loading space shall be provided in the rear yazd in accordance with the requirements of section 62.105. (d) The height of the structure may exceed thirty (30) feet, provided the structure is set back from all property lines a distance equal to the height which said structure exceeds the masimum height of building allowed in the district. - ' - --- ----- -- -- - - --- -- - - --- -- -- -- -TlFlS!lRrF�!�!1F�G> ' _. ""_" _ _ • "" '__" ' "" '_" _"' ' "" '_ "_' "" "" f___ " • {#j{� Floor area bonuses, which encourage certain building feahxres which produce public benefits, shall be granted as follows: For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: Arcade. An "azcade" is a continuous azea open to a street or to a plaza, which is open and unobstructed to a height of not iess than twelve (12) feet, is accessible to the public at all times, and either: (1) Adjoins a front lot lane or a plaza boundary, is not less than ten (10) feet or more than thirry (30) feet in depth (measured perpendiculaz to the front lot line or plaza boundary which it adjoins), and extends for the fulllength of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or (2) On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an azea of not less than five hundred (500) squaze feet and a minimunn dimension of ten (10) feet. , o. ��-10�1 Such an arcade sha11 not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an azcade occupied by building columns shall be considered to be part of the azea of the arcade for purposes of computing a floor azea bonus. Plaza. A"plaza" is an open azea accessible to the public at all times, which is either: (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front lot line), with an azea of not less than five hundred fifty (550) squaze feet, and extending for its entire depth along the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser distance; or (2) A continuous open azea on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the neazest side lot line; or (3) On a corner lot, an open azea of not less than three hundred fifty (350) squaze feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimum dimension of ten (10) feet; or (4) An open area of not less than four thousand (4,000) square feet, with a minimum dimension of foriy (40) feet which is bounded on one side by a front lot line of which is connected to the street by means of an arcade, or by an open area of not less than thirty (30) feet wide. Except for an open area as set forth in item (4) above, no portion of such an open azea which is bounded on all sides, except far one opening, by either building wa11s, or building walls and a side lot line, srAall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width. A plaza shall not at any point be more than five (5} feet above the curb level of the neazest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions pemritted by the planning commission. (�j� On those lots or pazcels, or portions of lots or pazcels, which adjoin a right-of-way line of a parkway, the required setbacks from the pazkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of- way or twenty-five (25) feet, whichever is greater. fkj� Those parkways and portions of parkways listed below are excluded from the setback requirements established in subsecfion (gj �f above: 0 �- a-�- �os-� Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Street and Mount Curve Boulevazd). C ,�� '�.�� (#j� Since B-2C zoned properry has a residential chazacter, buildings shall maintain a twenty-five-foot front setback or meet the requirements of section 61.101(a). Discussion There is no appazent need for planned shopping center in the zoning code. A planned shopping center requires a special condition use pernut (with no conditions specified) and there aze restrictions placed on height, setbacks, and floor area ratio. If there aze no benefits derived from being considered a planned shopping center, property will be developed that avoids meeting this definition (i.e., Midway Shopping Center, Seegaz Square). 3. CLARIFY THE PARKING REQUIREMENT IN B-2C ZOIVING DISTRICTS Sec.60.5'73 Required Conditions. The following conditions shall be required of all uses in the B-2C Community Business (Converted) District: (1) When existing buildings aze converted from residential to business use, when existing buildings are enlarged, and when new buildings are erected, off-street pazking shall be provided as follows: a. Residential uses: One and one-half (1 1/2) spaces per dwelling unit. b. All other uses: One (1) space for every four hundred (400) squaze feet of gross floor area or as required in secfion 62.103(g), whichever isgreater reauires the fewer number of parking spaces. c. Off-street parking spaces shall not be located within a front yazd and may be located within two (2) feet of a side lot line. d. Off-street parking facilities on lots without principal buildings shall provide principal access from the street. (2) Except for off-street pazking or loading, all business, storage, servicing or processing shall be conducted within completely enclosed buildings. ...,; ��- ��`t Discussion This secrion is confusing since it is uncleaz what greater means. Does it mean the greater pazking ratio or the greater number of parking spaces? The intent of this secuon of the code was to require fewer pazking spaces in B-2C zoning dishicts than what would be required for the same uses in other zoning districts.. LIEP has consistently interpreted this to mean that whichever method requires the fewest number of parking spaces should be used. This amendment clarifies that interpretation. For example, if a retailer wishes to establish a 1,000 squaze foot facility in a B-2C zone, is the pazking requirement 4 spaces: 1 space per 225 square feet of azea (the requirement for retail stores in general) or is the requirement 3 spaces: 1 space per 400 square feet of azea (the requirement noted in the B-2C section). Does greater mean 4 spaces versus 3 spaces or 225 versus 400 square feet? The amendment clarifies that in this case 3 spaces would be required. 4. 5IMPLIFY THE PROCESS FOR DETERMINING WHETHER EXISTING DRIVEWAYS ARE NONCONFORMING AND THEREFORE MAY CONTINUE Sec.62.102(d) (d) Nonconforming uses of land. Nonconforming uses of land aze subject to the following provisions: (1) A nonconforming use may continue. (2) A nonconforming use sha11 not be enlarged to a greater height nor extended to occupy a greater azea of land than was occupied at the effective date of adoption or amendment of tlus code. (3) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (4) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land sha11 conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. (5) Any land on which a nonconforming use is superseded by a pernutted use sha11 thereafter conform to the regulation for the dishict in which such land is located and the nonconforming use may not thereafter be resumed. G,� - (0��1 (6) ,_ existing off-street pazking space for one and two-family dwellines in a required front or side yazd shall be considered a le¢al nonconfonning use provided the pazking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25, 1975, and the pazking space has been continuous since the permit was issued: or it can be demonstrated by cleaz and convincing evidence that the pazkingspace has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the � or roertv owner. Discussion There has been considerable concern raised recently with the residential street paving program about front and side yazd parking. When planning for residential street paving projects public warks will not design a curb cut for a residential drive way that provides parking in the front or side yard unless there is proof that the existing curb cut was installed with required city permits. Many residents have had to go the Board of Zoning Appeals to seek variances to retain front and side yard pazking. This amendment allows the zoning administrator to make a determination as to the nonconforming status of front or side yazd parking in instances where there is not evidence of a permit from the department of public works. This will lessen the need for variance requests and reduce the cost and inconvenience to city residents. 5. REQUIRE HOME OCCUPATIONS IN EXISTING DWELLING IJNITS IN COMMERCIAL AND INAUSTRIAL ZONING DISTRICTS TO BE SUBJECT TO THE REQUIREMENTS FOR HOME OCCUPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS Sec.62.102(12) (12) In any RM-3, OS-1, B-1, B-2, B-3, I-1, or P-1 district, existing residential uses may be enlarged, extended, reconstructed or altered provided no additional dwelling units aze added on the lot. Any business operated out of a residence must meet all home occupation standards. The residenrial uses must also meet the requirements (except for lot area per dwelling unit) of the schedule of regulations, section 61101, for the district in which the use is first permitted and the requirements for off-street pazking, section 62.103. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. Discussion The intent of this minor zoning amendment is to aliow businesses to be operated from dwelling units in commercial and industrial zoning districts as long as the nature of the business falls within the standards for home occupations. If the property owner wishes to operate a business that does not fall within the home occupation standazds then the properry must be converted to a use pernutted in the zoning district and the required pernuts, licenses, and certificates of 0 �('1 I oF��l occupancy, must be obtained and accessibility standards met. When the nonconfonuing section of the code was revised last yeaz the reference to the need for residential dwellings in business/industrial districts to meet the home occupation requirements was eliminated. The new language in the code only requires compliance with the schedule of regulations (height, setbacks, density) and pazking. This amendment would make it clear that the home occupation regulations apply to dwelling units in commercial and industrial zoning districts. In instances where dwelling units aze located in business or industrial zoning districts, the principal use of the properry must be either a mixed residentiaUcommercial use or a residence. If the principal use is a mixed use building, the use is a permitted use. If the principal use is residential then the use is nonconforming in the zoning district. If a residential principal use in a commercial or industrial district 3s converted to a mixed commerciaUresidential use, the building must meet building code standazds (i.e., accessibility, requires a certificate of occupancy, requires a license, etc.). However, there aze instances where property owners wish to operate, from their dwelling unit, the type of commercial or industrial use that is not permitted as a home occupation and is only permitted as a principal use in a business or industrial district (particularly with regard to outside storage). In these instances, properiy ownexs sometimes do not want to make the changes necessary to convert the dwelling to a business. This amendment makes it clear that the home occupation standazds apply to dwelling units in commercial and industrial zoning districts. 6. MODIFY THE SECTION ABOUT HOW TO CALCULATE PARKING REQUIREMENT FOR LIQUOR LICENSE UPGRADES Sec.62.103(�(3)(d) d. Expansion of a licensed structure with an on-sale intoxicating liquor or an entertaimuent license, or a new on-sale lic�uor license, or an upgrade in an entertainment license, when located within six hundred fifty (650) feet of another existing establishment with an on-sale intoxicating liquor or entertaimnent license shall provide an additional fifteen (15) percent of any parking shortfall. Discussion This section indicates the pazking required for upgrades in liquor license, however, there are not multiple grades of liquor licenses. This amendment reflects that case. 10 �� -1��y 7. CLARIFY HOW THE HEIGI3T OF AN ADVERTISING SIGN IS MEASURED Sec.66.214(g) (g) Height. The height of advertising signs may be measured from the grade of the sian or surface of the roadway, whichever is higher. Surface of the roadway shall be the main bed of the roadw�. from which the sign is intended to be read. at the location of the sign. The height shall not be measured from anv entrance or exit ramps associated with the roadwa� Discussion This amendment addresses an issue raised by a case recenUy before the zoning committee. This amendment codifies the zoning administrator's interpretation of this section. 8. AMEND SIGN ORDINANCE TO REQUIRE APPLICANTS TO OBTAIN A STATE PERNIIT FOR AN ADVERTISING SIGN BEFORE TI�EY CAN APPLY FOR A CITY PERMIT FOR AN ADVERTISING SIGN. Sec. 66.404. Permits. (a) Application. Applications for sign and/or sign structure permits sha11 be submitted to the zoning administrator. Each application shall contain the names and addresses of the owners of the display structure and properiy; the address at which any signs are to be erected; the lot, block and addition at which advertising signs are to be erected and the street on which they are to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construction and placing of the display struchxre. Structural plans are required for a11 freestanding signs greater than fifty (50) square feet. Pernut a�plications for advertisin� signs alon� state tnmk highways and interstate highways sha11 be accompanied bv nroof that the ap�licant has obtained a�ermit from the State of Minnesota for the advertising sien• (b) Consent. Applicafions for signs and/or sign structures erected, maintained or used for the public display of posters, painted signs oz reading material shall be accompanied by an affidavit of a lease in force or deed indicating the consent of the owners of the property on which the display structure is to be erected. (c) Advertising sign bond.• (1) The owner or persons in control of each and every advertising sign maintained within the limits of the City of Saint Paul shall file a bond in the sum of rivo thousand dollazs ($2,000.00) for each and every advertising sign. The bond shall be conditioned to indemnify and save the City of Saint Paul hamiless from all damages, costs and eapenses, actions and causes of action that the city may incur 11 7.5 �'i_lo�� or be liable to incur by reason of construction, maintenance or removal of any advertising sign. (2) In lieu of the two thousand dollars ($2,000.00) bond required above, the owner may provide a bond covering all advertising owned or in control of any person, firm or corporation wluch shall be in the amount of twenty-five thousand dollars ($25,000.00) and shall be filed with the city. Tlus bond shall be conditioned as stated above. (3) All bonds shall be kept in force as long as the advertising signs aze maintained. If any of the bonds becomes dischazged by reason of nonpayment, liability, lapse of time for any reason whatever, the same sha11 be renewed 'uxunediately. If the bonds aze not renewed upon demand, the advertising signs for which said bonds were enacted may be summarily removed by the city. Discussion There has been difficulty when the city issues a pernut for an advertising sign to be located along a state trunk highway or interstate highway to one company and the state issues a pemut for an advertising sign located along the same state truuk highway or interstate.highway to a different company. Requiring the applicant to obtain approval from the state before applying to the city will help to eliminate tlus confusion. 12 -,,, �'t _ lo� Additions to the proposed minor zoning amendments for June 1997 Amendment #2 (planned shopping center) Secfion 60.532(2)(d) d. Restaurants and fast-food restaurants when incorporated within a multi-use retail center at and which do not provide drive-through window service. Section 62.104(13) (13) Landscaping. For any parking facility, other than a parking gazage, landscaping sha11 be provided to buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glare and heat effects of large expanses of pavement; and provide azeas for the retention and absorption of stormwater runoff. All required yards and any underdeveloped space shall be landscaped using materials such as trees, shrubs, sod or groundcover plants. In addition to perimeter landscaping, parking lots for more than fifty (50) cars sha11 contain planted islands. As a minunum, one (1) square foot of landscaped azea shall be provided for every ten (10) square feet of pauing. A fast-food restaurant that is not part of a retail strip center shall provide, as a minimum, one and one-half (1.5) squaze feet of landscaped azea for every ten (10) square feet of paving. Any landscaped area shall be planted and maintained in accordance with section 62,109. Discussion These aze two references to planned shopping center that should be eliminated along with the other references. Section 60.532(2)(n) (B-2 permitted uses) n. Fullv enclosed auto sales when incor�orated within a multi-use retail center. Discussion Staff recommends that the language above be added to the code to allow for the e�sting cases where there is fully enclosed auto sales. This will ensure that those uses do not become nonconfonuiug with this amendment. 13 � r� r l o�� {�jj� Licensed correctional community residential facilities, health department-licensed community residential facilities and emergency housing facilities subject to conditions as set forth for RM-1 Muitifamily Residential Aistrict in section 60.443. �8jf� Pawn shops when the business is conducted withiu completely enclosed buildings. {9j�7� Accessory buildings, structures and uses customarily incident to the above permitted uses. Sec. 61.103. Business districts. Minimum Size Maximum Maximssm Lot Size Per Height Minimum Yard Setback percent of Floor linit oCStructures (Per Lot in FeeU y Area " Area in Width Side Oecvpied Ratio Square in In In Front Mini• Total Rear BYMain tFAR; Zuning DistriM Feet Feet Staries Feet mum of Twa $uilding 6i.303 BUSINESS DISTF2ICTS O&1 Office-Service none none 3 d 30 d E15 e,g b b 6,c none 7.0 $�1 I.oral Business none none 3 30 p15 a,g b b b,c none 1,0 B•2 Community Business none none d, 30 db� � 0.e�g— b, . b!� b,cl� none 2.0 B•2C Community 8usiness none none 9 30 d 25 h 4 8 25 309c NA (ConveRed) Minimum Size Maximum Maximum Lot Size Per Fieight Minimum Yatd 3etback percent of Floor L3nit of Structures (Per Lot in Feet) �� prea Area in Width Side Occupied Ratio Squere in In In Fzont Mini- Total �' BY Main (FARI ZoningDiatrict Feet Feet SWries Feet mum ofTwo Bssilding B3 General Buainess none none d 30 d€ Og 6 b b,c none 2.0 B-4 Central Business none none no limit no limit no limit none none none c none 8.0{2 B-5 Central Business Service none none no limit no limit no Simit none none none c none S.Of? C� "�c