99-750 �}
Presented B;
SuRS���uT� -
orainan�e #
Green Sheet # � / V �✓�
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Council File # 9q - 5 �
PfIAIf.SI�Fl1
SEP 21199�
Section 1
Paragraphs d., g. and j. of Secrion 60.412(7) of the Saint Paul Legislative Code are hereby
amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
d. All home occupation activities in dweiling units of less than four thousand (4,000)
square feet of total living area, excluding a cellar and attic, sha11 be conducted by no
more than two (2) persons, for one of whom the dwellinu unit sha11
� be the principal residence. All home occupation activi6es in dwelling
units of four thousand (4,000) or more square feet of total living area, excluding a cellar
and attic, shall be conducted by no more than three (3) persons, for one of whom the
dwellin¢ unit shall ' be the p71T1C1 residence.
g. There shall be no exterior storage of equipment, ar supplies or commercial vehicles
associated with the home occupation, nor parking of more than one business caz, pickup
truck or small van, nor any additional vehicles except those for pernutted employees
identified under pazagraph d.
Refened To
f�• . �, �qR�
An ordinauce amending Chapters 33, 60, 62, 63, and 66
of the Saint Paul Legislative Code pertaining to Zoning.
J•
'r�,� �
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA „„
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Section 2
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Secrions 60.512('�b. and 60.514(3) of the 5aint Paul Legislative Code relating to the OS-1
Office Service District are hereby amended to read as follows:
Sec. 60.512. Principal uses permitted.
(7) Mixed residenfial and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twenty (1,3201 radial feet
from another sunilar facilitv.
Sec. 60.514. Principal uses permitted subject to special conditions.
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Section 3
Sections 60.522(8)b. and 60.524(3) of the Saint Paul Legislative Code relating to the B-1
Local Business District are hereby amended to read as follows:
Sec. 60.522. Principal uses permitted.
(8) Mixed residenrial and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes, or
human service-licensed facilities for sixteen (161 or fewer facility residents subject to
the condition that thev are at least one thousand three hundred rivent�(1320� radial feet
from another similar facilitv.
Sec. 60.524 Principal uses permitted subject to special conditions.
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Section 4
R9-?��
Section 60.573(1)c. of the Saint Paul Legislative Code relating to the B-2C Community
Business (Converted) District is hereby amended to read as follows:
6 Sec. 60.573. Required conditions.
8 The following conditions shall be required of all uses in the B-2C Community Business
9 (Converted) District:
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(1) When existing buildings are converted from residential to business use, when e�sting
buildings aze enlazged, and when new buildings aze erected, off-street pazking shall be
provided as follows:
c. Off-street pazking spaces shall not be located within a front yard and nraq-�e-�ae•ated
wiEkut must be set back at least two (2) feet a€ from a side lot line.
Section 5
Section 60.614(4) of the Saint Paul Legislative Code relafing to the I-1 Industrial District is
hereby amended to read as follows:
Sec. 60.614. Principal uses permitted subject to special conditions.
The following additional uses sha11 be permitted subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as set
forth in section 64300(d). All principal uses pernutted subject to special conditions shall be
reviewed and approved by the planning commission.
(4) All commercial and public radio and television transmitting antennas, and public utility
microwave antennas subject to the following conditions:
a. The antennas, transmitting towers or array of towers shall be located on a continuous
pazcel having a dimension equal to the height of the antenna, transmitting tower or array
of towers measured between the base of the antenna or tower located nearest to a
property line, ,unless a qualified structural engineer shall specify in writing that the
collapse of any antenna or tower will occur within a lesser distance under all foreseeable
circumstances.
b. The proposed installafion sha11 meet a11 requirements as outlined under section 62.108,
site plan review.
Section 6
Section 60.634 ofthe Saint Paul Legislative Code relating to the I-3 Industrial District is
hereby amended to read as follows:
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for a11 special condition uses as set
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forth in section 64.300 f ej�d,2. All principal uses pernutted subject to special conditions shall be ��— ���
reviewed and approved by the planning commission.
(1) Crushing of rock, asphalt or concrete, subject to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
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� All piiIlC�al uses first permitted and uses first pernutted sub'ect t to special conditions and
as re¢ulated in the I-1 and I-2 Districts. provided that the proroosed use is part of a
redevelonment �roject proposed by a public agencv as the applicant or done in accordance
with a specific �lan pertaivin t�the proposed use, which skecific plan has been approved
by the citv.
Section 7
Sections 62.102(e)(3) and 62.102(i)(1)c. of the Saint Paul Legislative Code aze hereby
amended to read as follows:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures,
and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses aze subject to the following provisions:
(3) When a nonconforming structure is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformin�accessory shucture, however, mau be rebuilt on an
e�sting foundation or slab within one vear of its destruction provided that it is within
the masimum height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
36 (i) Nonconforming use permits. The planning commission may approve, modify and approve
37 or deny nonconforming use permits. To ensure the public welfare is served, the commission
38 may attach conditions to the permits including, but not limited to, conditions concerning
39 appearance, signs, off-street pazking or loading, lighting, or performance characteristics,
40 such as noise, vibration, glare, dust, or smoke.
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The pla.uving commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by attaching
an expiration date to the permit if the commission makes the following findings: (1)
ternunation of the nonconforming use or the continued vacancy of the building in which the
nonconforming use was located would cause significant hazdship; (2) permitting the
nonconforming use for a period of time will facilitate the transition to a confonning use;
and (3) permitting the nonconforming use for a period of tnne is consistent with the public
health, safety, comfort, morals, and welfaze. The period of tune for which the pernut is
valid sl�all be determined in each case by the commission and sha11 be based on the extent
���q
of the hardship.
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2 The plauning commission shall heaz and decide nonconfonniug use pernuts in accordance
3 with the procedures and requirements of section 64300. The planuing commission may
4 consider the following nonconforming use permits:
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(1) Establishment of legal nonconfomvng use status. The plauning commission may grant
legal nonconformiug status to the use of structures which fail to meet the standards of
section 62.102(b) if the commission makes the following findings:
c. The use or use of similaz intensity_permitted in the same clause of the zoning code
or in a more reshictive zoniu�district has been in e�stence continuously for a
period of at least ten (10) years prior to the date of the application.
Section 8
Section 62.103(g) of the Saint Paul Legislarive Code is hereby amended by adding the
following new parking requirements under INSTITUTIONAL and COMMERCIAL/SERVICE::
Sec. 62.103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street parking spaces by type of use shall be determined in accardance with the following
schedule:
INSTITUTIONAL
Multi-use communitvi centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 s ace �er 250 sc�ft. GFA
2 s an ces per auto service stall
Section 9
Section 62.106(2) of the Saint Paul Legislarive Code is hereby amended by adding new
language to the fourth paragraph thereof to read as follows:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, shall be subject to the
following regulations:
(2) Accessory buildings, structures or uses shall not be erected in or established in a required
yard except a reaz yard.
On corner lots, accessory buildings, stnzctures or uses shall be set back from the street a
distance equal to that required of the principal structure.
46 When an accessory building, structure or use is conshucted in a reaz yazd which adjoins a
47 side yazd or front yard, the accessory building, structure or use shall be set back from the
48 interior lot line a distance equal to the minimum side yard required in the dishict in which
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On all other lots, accessory buildings shall be set back at least three (3) feet from all interior
lot lines, and overhangs shall be set back at least one-third (1/3Zthe distance of the setback
of the gazaee wall or one (11 foot, whichever is ereater
�ines.
Section 10
Section 62.112 of the Saint Paul Legislative Code is hereby repealed. Section 33.07(b) of
the Saint Paul Legislafive Code is hereby amended to read as follows:
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19 Sec. 33.07. Fences--Requirements.
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21 (b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
22 above the sidewalk or finished grade of any lot in a residence district or on any lot occupied for
23 residential purposes. Fences and all supporting structures sha11 be completely within the
24 boundaries of such lot. All fences erected between the front properry line and the front setback
25 line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more than three
26 feet six inches (3'6") in height. Fences not obstructing vision to an extent in excess of twenty
27 (20) percent above a height of three feet six inches (3'6") shall be exempt from the restrictions
28 herein. .
29 . No fence, wall, shrubbery, si�n or other obstruction to vision
30 above a height of two (21 feet from the averaee erade of the pro e�rt�hall be Uermitted within
31 the triangular azea formed at the intersection of anv street right-of-wav lines b�trai ng t line
32 drawn between said right-of-wav lines at a distance alon� each line equal to the minimum
33 setback lines from their ooint of intersecfion.
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Section I1
Sections 62114(5) and 33.07(d) of the Saint Paul Legislative Code are hereby amended to
read as follows:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot rixbs aze permitted
as an accessory use within the reaz yard or nonrequired side yazd; except that, for multiple
family developments, the plamiiug commission may determine the location of the pool or tub.
Private outdoor pools and hot tubs shall meet the following requirements as applicable:
(5) All yards of one and rivo famil�structures cont�.iniug swiminiiig pools shall be enclosed by
an obscuring fence not less than four (4) feet in height. All vards of residential structures of
three or more units and commercial structures containing swiimnin�pools shall be enclosed
bv an obscuring fence not less than fiveS51 feet in hei,� The gates shall be of a self-
closing and self-latching type, with the latch on the inside of the gate, not readily available
for children to open. Gates shall be capable of being securely locked when the pool is not in
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use.
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Sec. 33.07. Fences--Requirements.
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(d) Swimming poal fences. All yazds of one and two familv shuctures containing swinuniug
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All ,��azds
of residential structures of three or more units and commercial structures containine
swimmin�pools shall be enclosed by an obscuring fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily available for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
Section 12
Secrions 63.106 and 63.107 of the Saint Paul Legislarive Code aze hereby amended to read
as follows:
Sec. 63.106. Porches and decks.
� An open, nnet�e�esed-arc� uncovered porch or deck serving
the principal structure shall be subject to setback and lot coverage requirements for the rincipal
structure with the followin¢ exceptions:
(1) The porch or deck may project into a required front or rear yard for a distance not
exceeding ten (10) feet, nrovidine the walkine surface of the porch or deck is not higher
than thirtyS301 inches above the adjacent grade in the front yard and not higher than ei�ht
� feet above the adjacent grade in the rear �ard, but this shall not be interpreted to
include or permit fixed canopies. These permitted proj ections shall be excluded from lot
coverage calculations.
L) The porch or deck shall be no closer than six Ll feet to a detached accessor�buildin¢.
unless the porch or deck is not hi�her than two (21 feet above the adjacent r�ade.
26 1bl Thewalkinesurfaceofanopen,uncoveredparchordeckservingadetachedaccessorybuildin�
27 onlv shall not exceed two (2) feet in hei�ht above the adjacent �rade or shall be considered part of
28 the accessorYbuildi� and must meet all setback and lot coverage requirements for the accessorv
29 buildine.
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(c) An uncovered porch, deck or oatio not exceedine two (2) feet in heieht is considered
landscapin� and is not subject to setback or lot coverage requirements.
Sec. 63.107. Projections into yards.
34 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details and bay
35 windows may project into a required yard si�een (16) inches plus two (2) inches for each foot of
36 width of the required side yazd.
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(b e) Ramps for the handicapped aze exempted and may project into required yards.
� c�) Chimneys and fireplaces may project one (1) foot into a required yard.
(d e) Attached vestibules, covered entrances and greenhouses
irru� may project � to rivent�(201 square feet into a required front or reaz yard and sha11 be
inciuded as roart of the principal structure for lot covera�e nuruoses.
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1 (e � Air condifioning condensers may be pernutted in required side and reaz yards and nonrequired
2 frontyazds. ��,���
3 Section 13
4 The definition of "Lot frontage" in Section 66.114. L. of the Saint Paul Legislative Code is
5 hereby amended to read as follows:
6 Section 66.114. L.
7 Lot frontage. The width of a lot measured along the line separating the lot from any street,
8 as defined in Chapter 60. For a lot having frontage on more than one street, the lot frontage for
9 the puruoses of this chapter mav be deternrined b�� the frontage having the least width
10 plus one-half of the addi6onal lineal feet of lot frontage
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Section 14
Section 66.204(a)(2) of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Ident�cation Signs
17 (2) For multiple-family structures on pazcels 25.000 square feet or smaller, one identification
18 sign for each street frontage is allowed.
19 No sign shall exceed six �61 sauare feet in size. For multiple-family structures on parcels
20 larter than 25,000 square feet, one armere or two idenfification si�n�l £er on each street
21 frontage is/are allowed. -
22 �� The total amount of si�nage on each fronta¢e sha11 not exceed twen -t�ur
23 (24Lquare feet in size.
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Section 15
Sections 66.2161 and 66.2163 of the Saint Paul Legislative Code relating to special dishict si�
plans are hereby amended to read as follows:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
29 The Grand Avenue Special District Sign Plan, created as provided in secfion 66.216 above,
30 applies to the azea defined by Oakland Avenue on the east, Cretin Avenue on the west and the
31 para11e1 alleys north and south of Grand Avenue. The zoning administratar sha11 enforce the
32 provisions of the Grand Avenue Special District Sign Plan as a supplement to the zoning code.
33 Whenever a pernut for a sign within the Grand Avenue Special Sign District is required under
34 the provisions of this chapter, such pernut sha11 not be issued unless the plans for the sign have
35 been approved by the plamm�g zonin administrator as in conformance with the Grand Avenue
36 Special District Sign Plan. Building pernut applications for signs in the Grand Avenue Special
37 Sign District shall be submitted to the planrring zoninQ adininistrator for review and approval.
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39 Sec. 66.2163. Highland Village Special District Sign Plan.
40 The Highland Village Special Sign Dishict Plan, created as provided in section 66.216,
41 pursuant to city council resolution C.F. No. 86-1451, applies to the area as defined by said
42 council resolution. The provisions of this plan aze supplementary to those of this chapter and
43 the most restrictive provision sha11 apply. Within the Highland Village Special Dishict Sign
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P1IRPICN�n
�EP 21'99�
Requested by Department of:
By:
Plan, signs shall be subject to the provisions as contained and set forth in City Council ��-7�
Resolution C.F. No. 86-1451. The zoning admiuistrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit sl�all not be issued unless the plans for the sign have
been approved by the p}�iag wnine admiuistrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applicarions for signs in the Highland
Village Special Sign District shall be submitted to the p'raaaing zOning administrator for review
and approval.
Section 16
This ordinance shall take effect and be in farce fliirty days from and after its passage, approval
and publication.
Adopted by Council: Date ����
Adoption Certified by Council Secretary
BY: --� �. _ �,�+�..,_�
Approved � t yox: Da 9 q q9
By: O �� - � �/
Form Appxoved by City Attorney
it�i � ..l 1 %��le " •
: � �
Approved by Mayor for Submission to Council
Byc
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aq •�sa
PED/Planning Commission
ACT PEF2SON 8 PHONE
BE ON COUNCIL AGENDA BY (OATEj
OATE INIMTED
Suly �4 1949 � GREEN SHEET
i�
TOTAL # OF SIGNATURE PAGES �_
No 09833
� tlrvATTORIEY ❑ LrtYCLFNI(
❑ A111HMLSERVII:F9pR ❑ AIFIICJi1.IIER1�/�/ACRG
❑4 wwR ���� � Tom Harrex
(CLJP ALL LOCATIONS FOR SIGNATURE)
Approval of text amendments related to zoning,
PLANNING CAMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
When,
Has this perwMrtn everwoAcetl under a contract fathis departmeM?
YES NO
Has this person/firm evef been a cily empbYee9
YES NO
Does this peisoNfinn possess a sltlll not nwmallypossessed by any curteM city employee7
YES NO
Is this perwn/firtn a targetetl vendor')
VES NO
Nain all ves answers on seoarate sheet anE attach to green sheet
On a periodic basis, the Planning Commission proposes amendments to the Zoning Code that
reflect recent administrative rulings, court decisions, ox determinations made by the
Commission, Board of Zoning Appeals or City Council--or clarify issues identified by
recent applications. In the judgement of the Commission, these proposed amendments do not
require extensive study--although they do receive extensive public review.
TAGESIFAPPROVED
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Ambiguities in the zoning code related to new types of uses are clari�ied; applicants
do not have to apply for routine variances or moditications; enfo errt��e� s are more
defensible. �� "'-""�� �`�
a� �'�,: � � a `,�
None
Additional staff time is spent on unwieldy regulations, applicants
"red tape." ,
AMOUNT OF TRANSAC710N
GOSTrttEVENUE
ACTNITY �
INFOkMAT10N (IXPWt�
ORIGINAl.
Council File # l l�� 5�
Ordinance #
Green Sheet # .� qS3 3
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Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Committee :
An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul Leg' ative Code pertaining to
Zoning.
The Council of the City of Saint Paul does ordain:
Section 1
That Sec. 60.412. Principal uses permitted (RLL through R-4 di ricts). of the Saint Paul Legislative
Code shall be amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL througL R-4 stricts).
(7) Home occupations which are compatible with other sidential uses and which maintain and preserve
the character of residential neighbarhoods subject o the following requirements:
g. There shall be no exterior storage of equipm t, ar supplies or commercial vehicles associated with
the home occupation, nor parking of mare an one business caz, pickup tnxck or sma11 van, nor any
additional vehicles except those for pe tted employees identified under pazagraph d.
1
Section 2
That Sec. 60.512. Principal uses per ' ted. and Sec. 60.514. Principal uses permitted subject to special
conditions. of the Saint Paul Legisla ' e Code related to the OS-1 Office Service District sha11 be amended to
read as follows:
Sec. 60.512. Principal uses pe itted.
(7) Mixed residential and o ice uses subject to the following conditions:
b. Residential uses m be occupied by foster homes, �r freestanding foster homes, or human service-
Sec. 60.514. Princip. uses permitted subject to special conditions.
(3) " `' Hospices serving sixteen (16) or fewer facility residents. ��m�sa
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Section 3
�q -�t so
That Sec. 60.522. Principal uses permitted. and Sec. 60.524. Principal uses permitted subject to
conditions. of the Saint Paul Legislative Code related to the B-1 Local Business District shall be az
read as follows:
Sec. 60.522. Principal nses permitted.
(8) Mixed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster
51 Sec. 60.524 Principal uses permitted subject to speciai conditions.
52 (3) Aospices serving sixteen (16) or fewer facility residents. �7cep7
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Section 4
57 That Sec. 60.573. Required conditions. of the Saint Paul Legislati
58 Business (Converted) District shall be amended to read as follows:
59 /
60 Sec. 60.573. Required conditions.
61 The following conditions shall be required of all uses in
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DisTrict:
to
related to the B-2C Community
Community Business (Converted)
(1) When e�sting buildings are converted from reside tial to business use, when existing buildings are
enlarged, and when new buildings are erected, o-street parking shall be provided as follows:
c. Off-street parking spaces shall not be locate within a front yard and � must be
set back at least two (2) feet a€ from a sid ot line.
Secrion 5
That Sec. 60.614. Principal uses permitted bject to special conditions. of the Saint Paul Legislative Code
related to the I-1 Industrial District shall be ended to read as follows:
5ec. 60.614. Principal uses permitted ubject to special conditions.
The following additional uses sha11 e permitted subject to the conditions hereinafter imposed for each use
and subject to the standards specifi for all special condition uses as set forth in section 64300(d). All
principal uses permitted subject t special conditions sha11 be reviewed and approved by the planning
commission.
(1) All commercial and pu ic radio and television transmitting antennas, and public utility microwave and
ecHui�erie ant as subject to the following conditions:
a. The antennas, tr smitting towers or azray of towers shall be located on a continuous parcel having a
dimension eq to the height of the antenna, transmitting tower or array of towers measured
between the b e of the antenna or tower located nearest to a property line, unless a qualified
structural e ineer shall specify in writing that the collapse of any antenna or tower will occur within
a lesser di ce under a11 fareseeable circumstances.
b. The pr�posed installation shall meet a11 requirements as outlined under section 62.108, site plan
qq-1so
92 Section 6
93 That Sec. 60.634. Principal uses permitted subject to special condifions. of the Saint Paul Legislative Code
94 related to the I-3 Industrial District shall be amended to read as follows:
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter unposed for eac t
and subject to the standazds specified fox all special condition uses as set forth in section 64300(ej d. Ali
principal uses pemutted subject to special conditions shall be reviewed and approved by the pl ' g
commission.
(1) Crushing of rock, asphalt or concrete, sub}ect to the conditions for uses which
manufacture outside a completely enclosed building [as set out in] section 60.i
(2) The incineration of infectious wastes subject to the conditions as set out in
c.
�
Section 7
ocess or
b. and c.
60.624(19) a., b. and
114 That Sec. 62.102. Nonconforming lots, nonconforming uses o and, nonconforming structures, and
115 nonconforming uses of structures and land. of the Saint Pa Legislative Code sha11 be amended to read as
116 follows:
117
118 Sec. 62.102. Nonconforming lots, nonconforming us of land, nonconforming structures, and
119 nonconforming uses of structures and land.
120 (e) Nonconforming structures with conforming ses. Nonconforming structures with conforming uses are
121 subject to the following provisions:
122 (3) When a nonconforming structure ' destroyed by any means to an extent of more than sixry (60)
123 percent of its replacement cost, clusive of the foundation, at the tune of destruction, it shall not
124 be reconstructed except in co rmity with the provisions of this code. A nonconformine
125 accesso structure howeve ma be rebuilt on an existin foundation or slab within one ear of
126 its destruction nrovided th it is within the maximnm hPiuht anrl cize limitc fnr an arrrecnrv
127
128
i29
130
131
132
133
(i) Nonconforming use permit . The planning commission may approve, modify and approve or deny
nonconforxning use pe 'ts. To ensure the public welfare is served, the commission may attach
conditions to the pe ' s including, but not limited to, conditions conceining appearance, signs, off-
street parking ar loa ng, lighting, ar performance characteristics, such as noise, vibration, glare, dust, or
smoke.
134 The plauuing co �ssion in approving nonconforming use permits may allow a nonconforming use for
135 a specified pe �od of time and then require its removal by attaclung an expiration date to the pernut if
136 the commis �on makes the following findings: (1) termination of the nonconforming use or the
137 continued acancy of the building in which the nonconforming use was located would cause significant
138 hardshi ,(2) pernutting the nonconforming use for a period of time will facilitate the transition to a
139 confo �ng use; and (3) permitting the nonconforming use for a period of time is consistent with the
140 public health, safety, comfort, morals, and welfare. The period of time far which the pernut is valid shall
141 be determined in each case by the commission and shall be based on the extent of the hardship.
142
qq-�so
143 The planning commission shall hear and decide nonconforxning use permits in accordance with the
144 procedures and requirements of section 64.300. The planning commission may consider the following
145 nonconforming use permits: �
146 (1) Establishment of legal nonconforming use status. The planning commission may grant legal
147 nonconforniiug status to the use of structures which fail to meet the standards of section 62.1
148 if the commission makes the following findings:
149 c. The use or use of similaz intensitv permitted in the same clause of the zonine code or i�
150 reshictive zoning district has been in existence continuously for a period of at least t(10)
151 yeazs prior to the date of the application.
152
153 Section 8
154 That Sec. 62.103. Parking requirements. of the Saint Paul Legislative Code shall be am ded to add the
155 following provisions:
156
157 Sec. 62.103. Parking requirements.
158 (g) Parking requirements by use. Except as provided in section 60.573, the
159 parking spaces by type of use shall be determined in accordance with the fr
160
161 INSTITUTIONAL
162 Mu1ti-use communitvi centers 1 s ace er 250 s. ft. GF
163
164 COMMERCIAL/SERVICE
165 Auto repair accessorv to auto sales
166
167
Section 9
n number of off-street
schedule:
168 That Sec. 62.106. Accessory buildings. of the Saint Paul
169 follows: /
170 � 171 Sec. 62.106. Accessory buildings. �
172 Accessory buildings, except as othenvise p
173 (2) Accessory buildings, structures or uses
174 rear yard.
175 On corner lots, accessory buildings, s
176 to that required of the principal s tw
177 When an accessory building,
178 front yard, the accessory bui]
179 equal to the xninimum side y�
180
181
182
183
184
Code shall be amended to read as
�d an this code, shall be subject to the following regulations:
not be erected in or established in a required yard except a
or uses shall be set back from the street a distance equal
ure or use is constructed in a rear yard which adjoins a side yud or
structure or use shall be set back from the interior lot line a distance
required in the district in which located.
On all other lots, accesso buildings shall be set back at least three (3) feet from all interior lot lines,
and overhangs shall be t back at least one-third (1/31 the distance of the setback of the ��e wall or
one 1 foot whichev is •eater .
185 That Sec. 62.112.
186 appended to Sec.
187
188 5����e�c�xee�
189 , ,
190 --'- - �xaac "vra�c-vr
' Section 10
�r clearance. of the Saint Paul Legislative Code shall be deleted and its language
Fences—Requirements. of the Saint Paul Legislative Code to read as follows:
' : .• � . : . � :. :� . -..:
� - -
: .. .: . : . .: : :
193 Sec.33.07.Fences—Requirements. ��'��
194 (a) Permit. No person shall construct, or cause to be constructed, any fence in the City of Saint Paul without
195 first obtaining a pernut therefor from the building official. �
196 (b) Height offences. No fence shall be erected exceeding siac feet six inches (6'6") in height above e
197 sidewalk or finished grade of any lot in a residence district or on any lot occupied for residenti urposes
198 Fences and all supporting structures shali be completely within the boundaries of such lot. fences
199 erected between the front property line and the front setback line as defined in section 602 6 of the Saint
200 Paul Legislative Code shall be no more than three feet six inches (3'6") in height. Fence ot obstructing
201 vision to an extent in excess of twenty (20) percent above a height of three feet six inc es (3'6") shall be
202 exempt from the restrictions herein.
203 . . No fence wall. shrubbe , si or other obstruction t<
204 vision above a hei ht of two 2 feet from the avera e ade of the ro e sh be ermitted within the
205 trianeular azea formed at the intersection of anv street rieht-of-wav lines bv traieht line drawn between
206 said right-of
207 intersection.
1:
QII']
Section 11
210 That Sec. 62.114. Private residential pools and hot tubs.
211 amended to read as follows and that Sec. 33.07. Fences—R
Saint Paul Legislative Code sha11 be
ments. shall be amended to be consistent:
212 Sec. 62.114. Private residential pools and hot tubs.
213 Private outdoor residential poois, both above and bel ground, and hot tubs are pernutted as an accessory
214 use within the rear yard or nonrequired side yard; ex pt that, for multiple family developments, the planning
215 commission may determine the location of the poo or tub. Private outdoor pools and hot tubs shaJl meet the
216 following requirements as applicable:
21'7
218
219
220
221
222
(5) All yards of one and two familv s�
fence not less than four (4) feet in
five (5) feet in hei� The gates
inside of the gate, not readily av
locked when the pool is not i�
containing swimming pools sha11 be enclosed by an obscuring
All yards of residential structures of three or more units and
be of a self-closing and self-latching type, with the latch on the
for children to open. Gates shall be capable of being securely
223 Sec. 33.07. Fences--Requireme s.
224 (d) Swimming pool fences. 1 yards of one and two family structures containing swimming pools shall be
225 enclosed by an obsc � g fence not less than four (4) feet in height. All vards of residential structures of
226
227
The gates shall be of a self-ciosing and self-latching
228 type, with the la h on the inside of the gate, not readily available for children to open. Gates shall be
229 capable of bei securely locked when the pool is not in use.
230
231 Section 12
232 That Sec. 63 06. Porches. and Sec. 63.107. Projections into yards. of the Saint Paul Legislative Code shall
233 be amend
234
235 Sec.
to read as follows:
Porches and decks.
236 � An open, mre� uncovered porch or deck servin¢ the princi�al
237 structure shall be subject to setback and lot coverage requirements for the princi�al structure with the followinu
238 exce tions:
qq-�so
239 (1) The roorch or deck may project into a required front or reaz yazd for a distance not exceeding ten (10)
240 feet, providing the walking surface of the norch or deck is not higher than tliirty�30} inches above the
241 adjacent erade in the front vard and not hieher than ei�(81 feet above the adiacent grade in the reaz
242 yard• but this shall not be interpreted to include or pernut fixed canopies. These permitted projections
243 shall be excluded from lot coveraee calculations.
244 {2) The norch or deck shall be no closer than six (61 feet to a detached accessory buildine, unless the porch
245 or deck is not hieher than two (21 feet above the adjacent erade.
246 _(bl The walking surface of an ouen. uncovered porcb or deck servin� a detached acce
247 not exceed two (21 feet in height above the adjacent erade or shall be considered roart
248 and must meet all setback and lot covera e rec�uirements for the accessorv buildin�
249 (c) An uncovered porch, deck or patio not excee�
250 subject to setback or lot covera�e requirements.
251
252 Sec. 63.107. Projections into yards.
253 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorati details and bay windows may
254 project into a required yard sixteen (16) inches plus two (2) inches for each oot of width of the required side
255 yard.
256 , ,
257 .
258 (b e) Ramps for the handicapped are exempted and may project ' to required yards.
259 ��) Chimneys and fireplaces may pzoject one (1) foot into required yard.
260 (d e) Attached vestibules covered entrances and greenhous s may
261 project up to twenty�201 sc�uare feet into a required nt or rear yazd and shall be included as part of the
262 rincipal structure for lot coverage n oses.
263 (e � Air conditioning condensers may be
264
�
266 That Chapter 66 of the Saint Paul
required side and rear yards and nonrequired front yards.
Section 13
Code pertaining to signs shall be amended to read as follows:
267 Section 66.114. L.
268 Lot frontage. The width of a 1 measured along the line separating the lot from any street, as defined in
269 Chapter 60. For a lot having fro age on more than one street, the lot frontaee for the �uxposes of this cha�ter
270 mav be determined bv using th frontage having the least width plus one-half ofthe additional lineal feet of lot
271 frontage .
272
273 Sec. 66.204. R-LL
274 (a) Identifzcation
275
276
277
278
279
280
RM-3 Residential Districts
(2) For multiple- �ly shuctures on nazcels 25.000 sguare feet or smaller, one identification sign for each
street fron ge is allowed. No sien shall exceed six �61
s uare f t in size. For multiple-familv structures on parcels lareer than 25.000 sc�uare feet, one �rmare
The total amount of signaee on each fronta�e shall not exceed
281
282
283 See. 66.2161. Grand Avenue Special District Sign Plan.
284
285
286
287
288
289
290
291
94 -�so
The Grand Avenue Special District Sign Plan, created as provided in section 66.216 above, applies to the area
defined by Oakland Avenue on the east, Cretin Avenue on the west and the pazallel alleys north and south of
Grand Avenue_ The zoning adtninistrator shall enforce the provisions of the Graud Avenue Spec' District Sign
Plan as a supplement to the zoning code. Whenever a permit for a sign withiu the Grand Av ue Special Sign
District is required under the provisions of this chapter, such pernut shall not be issued unl s the plans for the
sign have been approved by the�mmg zonine admiuistrator as in conformance with the and Avenue Speciai
District Sign Pian. Building pernut applications for signs in the Grand Avenue Speci Sign District shall be
submitted to the pi�mm�g zonin administrator for review and approval.
292 5ea 66.2163. Highland Village Special District Sign Plan.
293
294
295
296
297
298
299
300
301
302
303
The Highland Village Special Sign Dishict Plan, created as provided in section 216, pursuant to ciry council
resolution C.F. No. 86-1451, applies to the area as defined by said council resol �on. The provisions of this plan
are supplementary to those of this chapter and the most restricfive provisio hall apply. Within the Highland
Village Special District Sign Plan, signs shall be subject to the provisio as contained and set forth in City
Council Resolution C.F. No. 86-1451. The zoning administrator st�all orce the provisions of the Highland
Village Speciai District Sign Plan as a supplement to the zoning code. enever a permit for a sign within the
Highland Village Special Sign District is required under the provisi s of this chapter, such permit shall not be
issued unless the plans far the sign have been approved by the zonine administrator as in conformance
with the Highland Village Special District Sign Plan. Buildin ermit applications for signs in the Highland
Village Special Sign District sha11 be submitted to the zonin administrator for review and approval.
304 Se�
305 This ordinance shall take effect and be in force tivrty
306 i
from and after its passage, approval and publicarion.
Requested by Department of:
Planninq & Economic Develonment
r _,_/ /
By: ^ � �
Adopted by Council: Date
Adoption Certified by Counc' Secretazy
By:
0
Approved by Ma ate
BY — _ � _
Form Approved by City Attorney
i /� �Y�Y�'�T/�
By:
Approved
By:
a4 -�s'�
SAINT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Colemttq M¢yor
July 23, 1999
Council President Dan Bostrom and
Members of the City Council
320B City Hall
Saint Paul, MN 55102
Dear Council President Bostrom and Members of the City Council:
Since 1982, the Planning Commission has periodically considered and recommended to
the Mayor and City Council minor zoning amendments. These amendments make
changes needed to bring the code up to date with new living or business practices, carry-
out newly adopted plans, clarify regulations, correct errors, and incorporate zoning
administrator interpretations or court decisions. Attached are the Pianning Commission's
report which discusses each of the proposed amendments as well as an ordinance for
your review and final action.
The Planning Commission provided for a two month period of public review and held a
public hearing on June 11, 1999. Two district councils indicated concern about the
proposed increase in signage that would be allowed for multi-family structures on large
(over 25,000 square feet) lots. No other comments were received.
I am forwarding the Planning Commission's recommendation to the Councii with my
support. Please feel free to call Nancy Homans (6-6557) if you have specific questions
or need additional information.
Sincerely,
�04� �Cw, �
Norm Coleman
Mayor
390 (1ry Hall
IS West%Ilogg Boulevord
Saim P¢ul, MN55102
Telephone: 651-266-8510
Facsimile: 651-228-85I3
Enclosures
0
city of saint paul
planning c,ommission resolution
��� ('�U(Y'�IJCr 99-38
tJC� te June 25, 1999
MINOR ZONING TEXT AMENDMENTS
April '1999
a q.�So
WHEREAS, the Saint Paul Planning Commission has determined that considering and
recommending periodic zoning amendments to the Mayor and City Council is the most
desirable way to keep the zoning code as current as possible; and
WHEREAS, the Saint Paul Pianning Commission, on Aprii 9, 1999, released for public review
and discussion a report entified, "Proposed Text Amendments: April 1999;"
WHEREAS, the Saint Paul Planning Commission, on June 11, 1999, held a public hearing on
pr000sed minor zoning ame�dment concerning signage, parking standards, setback
requirements, home occupations, fences, antennas, nonconforming uses, porches and decks,
residentiai facilities, the Capitol Area, and uses in I-3 zoning districts; and
WHEREAS, the Zoring Committee of the Saint Paul Planning Commission reviewed the
testimony received and recommended changes to the proposed amendments; 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; and
2. That a survey of an area in excess of 40 acres fias been made; and
3. That a d2termination has been mude that ihe proposed amendments to th2 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 12, 19 and 26 and in the Saint Paul Legal Ledger or+ June 3,
1999.
fVOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission
recommends approval of the zoning code amendments as outlined in the "Proposed Text
Amendments: April 1999" study, as amended, and directs the Planriing Administrator to for�vard
the study and this resolution to the Mayor and City Council for their review ancl action.
moved by Field
seconded by
1n �a��' IInanimous
8�11"1.St
aa '�s °
PROPOSED TEXT AMENDMENTS
April 1999
As amended and recommended by the Planning Commission, June 25, 1999
L Modify the sign provisions of the ordinance to allow larger identification signs for
multiple family structures on parcels larger than 25,000 square feet
Proposed amendment:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Identifzcation Signs
(2) For multiple-fanuly structures on pazcels 25,000 squaze feet or smaller, one
identification sign for each street frontage
in-xreR is allowed. No sign sk�a11 exceed six (61 squaze feet in size. For multi l�e-
familv structures on pazcels larger tl�an 25.00Q square feet. one ermai�e or two
identification sitYn(sl €ar on each street fronta�e is/are allowed.
. The total amount of
si�na�e on each frontage shall not exceed twentv-four (241 squaze feet in size.
Explanation:
Frequent t^equests for sign variances are received fi^om owners of Zat^ger multi farnily
properties, especially those with street frontage on move than one side, indicating that six
square feet of signage is not sufficient. Other communities in the metro-area allow between
20 and 30 square feet of signage for multi family buildings.
2. Amend the method by which lot frontage is calculated on parcels with more than one
street frontage for the purposes of determining the amount of ailowable signage.
Proposed amendment:
Section 66.114. L.
Lot fi�ontage. The width of a lot measured along the line sepazating the lot from any
street, as defined in Chapter 60. For a lot having frontage on more than one street, the lot
frontaee for the purposes of this chapter mav be determined bv using the frontage having the
least width plus one-half of the additionai lineal feet of lot frontage
Explanation:
This proposed amendment addresses the amount of signage (gross surface display area)
allowed on a lot with more than one street frontage. The existing Zanguage sometimes serves
to penalize a property owner on a lot with more than one street frontage when the sum of the
shortest fi°ontage plus one-half of the additional Zineal feet of lot fi�ontage is less than one
street fi�ontage. Under the proposed amendment, the property owner would have the option
of using either the width of a single frontage (presumably the tongest) or the shortest
frontage plus one-half of the additional frontage in calculating the total aZZowable gross
surface display area for the site.
qq-�so
3. Clarify that the zoning administrator—rather than the planning administrator—is
responsible for approving applications for sign permits in special sign districts.
Proposed amendments:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
The Grand Avenue Special District Sign Plan, created as provided in secrion 66.216
above, applies to the area defined by Oakland Avenue on the east, Cretin Avenue on the west
and the parallel alleys north and south of Grand Avenue. The zoning aduiiuistrator shall
enforce the provisions of the Grand Avenue Special District Sign Plan as a supplement to the
zoning code. Whenever a permit for a sign within the Grand Avenue Special Sign District is
required under the provisions of this chapter, such pemut shall not be issued unless the plans
for the sign have been approved by the pla�ming zonin admiiustrator as in conformance with
the Grand Avenue Special District Sign Plan. Building permit applications for signs in the
Grand Avenue Special Sign District sha11 be submitted to the plamrix� zonine administrator
for review and approval.
Sec. 66.2163. Highland Village Special District Sign Plan.
The Highland Village Special Sign District Plan, created as provided in section 66.216,
pursuant to city council resolution C.F. No. 86-1451, applies to the azea as defined by said
council resolution. The provisions of this plan are supplementary to those of this chapter and
the most restrictive provision shall apply. Within the Highland Village Special District Sign
Plan, signs shall be subject to the provisions as contained and set forth in City Council
Resolution C.F. No. 86-1451. The zoning administrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit shall not be issued unless the plans far the sign have
been approved by the p�rming zonine administrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applications for signs in the Highland
Village Special Sign District shall be submitted to the p�mming zonin� administrator for
review and approval.
Explanation:
The proposed amendment reflects a change in the staff responsibility for the administration
of the sign ordinance from the planning administrator who is housed in the Department of
Planning and Economic Development to the zoning administrator who is housed in the
Department of License, Inspections, and Environmental Protection (LIEP)
q�-�sa
4. Establish parking requirements for multi-use community centers and auto repair uses
that are accessory to auto sales.
Proposed amendments:
Secfion 62-103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street pazldng spaces by type of use shall be determiued in accordance with the
following schedule:
INSTITUTIONAL
Multi-use community centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 space per 250 sq. ft. GFA
2 s ao ces per auto service stall
Explanation:
Under the authority ofSection 62.103(h), previous PlanningAdministrators have determined
that the parking requirement for the use Zisted above should be as indicated. Those rulings
were to be codified through text amendments.
5. Clarify that there shall be no exterior storage of commercial vehicles associated with
home occupations.
Proposed amendments.•
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which aze compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
g. There shall be no exterior storage of equipment, sr supplies or commercial vehicles
associated with the home occupation, nor pazking of more than one business caz,
pickup truck or small van, nor any additional vehicles except those far permitted
employees identified under pazagraph d.
Explanation:
The City's enforcement staff has had difficulry taking enforcement action when they receive
complaints about commercial vehicles in residential yards because the code lacks specifzcity.
6. Clarify sideyard setback requirements for parking in the B-2C Zoning District.
Proposed amendment:
60.573. Required conditions. (B-2C Zoning District)
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 e�sting
buildings are enlarged, and when new buildings are erected, off-street parking shall be
provided as follows:
qq-'1s o
c. Off-street parking spaces shall not be located within a&ont yazd and mgq-be
iaea�e�wifi3�dn must be set back at least two (2) feet e€ from a side lot line.
EzpZanation:
The intent of the code is that parking spaces need only be set back 2 feet from a side lot line,
but that is not cZear with the current language.
7. Allow the replacement of nonconforming garages on existing slabs/foundations even if
they don't meet setback requirements—provided that they conform to current height
and lot coverage standards.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses are subject to the following provisions:
(3) When a nonconforming struchxre is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformine accessorv structure, however, may be rebuilt on an
existine foundation or slab within one year of its destruction urovided that it is within
the maximuxn height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
Explanation:
The BZA has handled a number of cases where a garage has blown down or otherwise been
destroyed and the properry owner comes in to reconstruct the garage on the existing slab
only to find that it doesn't meet setback reguir-ements. These variances almost always are
approved.
8. Clarify required roof overhang setback requirements for accessory buildings..
Proposed amendment:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, sha11 be subject to the
following regulations:
(2) Accessory buildings, structures ar uses shall not be erected in or established in a
required yard except a rear yazd.
On corner lots, accessory buildings, structures or uses shall be set back from the street
a distance equal to that required of the principal structure.
qq -'�s o
When an accessory building, structure or use is constructed in a reaz yard which adjoins
a side yard or front yard, the accessory building, structure or use shall be set back from
the interior lot line a distance equal to the minimum side yard required in the district in
which located.
On all other lots, accessory buildings shall be set back at least three (3) feet from all
interior lot lines, and overhangs shali be set back at least one-third (1/31 the distance of
the setback of the eara�e wall or one (11 foot. whichever is areater
-'-�'_ ---
�micnvrrornx:cs.
Explanation:
To make the zoning code consistent with the building code, the amendment allows for an
overhang if the setback for the accessory building is modified from 3 feet to something
less.
9. Revise swimming pool fence requirements to conform to State regulations.
Proposed amendment:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot tubs are
permitted as an accessory use within the reaz yazd or nonrequired side yazd; except that, for
multiple family developments, the planning commission may determine the location of the
pool or tub. Private outdoor pools and hot tubs shall meet the following requirements as
applicable:
(5) All yards of one and two familv structures containing swimming pools shall be
enclosed by an obscuring fence not less than four (4) feet in height. All vards of
residential structures of three or more units and commercial stnxctures containine
swimmin�nools shall be enclosed bv an obscuring fence not less than five (5) feet
in heieht. The gates shall be of a self-closing and self-latching type, with the latch
on the inside of the gate, not readily available for children to open. Gates shall be
capable of being securely locked when the pool is not in use.
Explanation:
This amendment would make the code consistent with new State Health Department
regulations.
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10. Move fence requirements related to corner clearance to the building code with all the
other fence requirements.
Proposed amendment:
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Sec. 33.07. Fences--Requirements.
(a) Permit. No person shall construct, or cause to be constructed, any fence in the City of
Saint Paul without first obtaining a permit therefor from the building official.
(b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
above the sidewalk or finished grade of any lot in a residence district or on any lot occupied
for residential purposes. Fences and all supporting structures shall be completely within the
boundaries of such lot. All fences erected between the front property line and the front
setback line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more
than three feet six inches (3'6") in height. Fences not obstructing vision to an extent in
excess of twenty (20) percent above a height of three feet six inches (3'6") shall be exempt
from the restrictions herein.
. . No fence, wall, shrubberv,
sign or other obstruction to vision above a heieht of two (21 feet from the avera�e grade of
the �roperiv shall be permitted within the triangulaz area formed at the intersection of any
street right-of-wav lines bv a straight line drawn between said right-of-wav lines at a distance
alone each line equal to the minimum setback lines form theirpoint of intersection.
(c) Yariances. A variance of the fence height regulations may be granted if, after
investigation by the building official, it is found that site or terrain conditions warrant a
waiver of the height restrictions. An application fee of twenty-five dollars ($25.00) is
required for each variance request.
(d) Swimming pool fences. All yards of one and two familv shuctures containing swimming
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All vards
of residential structures of three or more units and commercial shuctures containinQ
swimmin¢ nools shall be enclosed bv an obscurine fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily auailable for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
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Explanation:
This provision regulates fence construction on corners. Most other fence requirements are
in Section 33.07 of the building code. The fence provisions in 33.07 may be varied by the
building official ancl requires a$25 appZication fee. The corner clearance requirement
cannot be waived by the building official, only by the Board of Zoning Appeals, and the fee
is $180 for a single family applicant. This amendment would create one process for fence
variances.
The amendment to Sec. 33.07(d) would make the building code consistent with the zoning
code as amended above.
11. Clarify the definition of "use" related to the establishment of nonconforming uses.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(i) Nonconforming use permits. The planning commission may approve, modify and
approve or deny nonconfornung use permits. To ensure the public welfare is served, the
commission may attach conditions to the pemuts including, but not limited to, conditions
concerning appearance, signs, off-street parking or loading, lighting, or performance
characterisrics, such as noise, vibration, glare, dust, or smoke.
The planning commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by
attaching an expiration date to the permit if the commission makes the following
findings: (1) termination of the nonconforming use or the continued vacancy of the
building in which the nonconforming use was located would cause significant hardship;
(2) permitting the nonconforming use for a period of time will facilitate the iransition to a
conforming use; and (3) pernritting the nonconforming use far a period of time is
consistent with the public health, safety, comfort, morals, and welfare. The period of time
for which the permit is valid shall be determined in each case by the commission and
shall be based on the extent of the hardship.
The plaluiing commission shall hear and decide nonconfornung use permits in
accordance with the procedures and requirements of section 64.300. The planning
commission may consider the following nonconfornung use permits:
(1) Establishment of legal nonconforming use status. The planning commission may
grant legal nonconforming status to the use of structures which fail to meet the
standards of section 62102(b) if the commission makes the following findings:
c. The use or use of similaz intensit�permitted in the same clause of the
zoning code or in a more restrictive zonine district has been in existence
continuously for a period of at least ten (10) years prior to the date of the
application.
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Explanation:
Recent cases have s an ambiguity in the current code when Zegal nonconforming
status is being established for a commercial use. The question arose as to whether for
non-conforming status to be established—exactly the same use had to have been in
operation for ten years or whether a history of closely similar uses wouZd satisfy the
requirements of the code.
Staff is recommending that occupancy by uses Zisted in the same clause in the zoning code
or in more restrictive zoning districts shall count toward the required ten years of
existence for the purpose of establishing non-conforming status. Among our reasons for
making such a recommendation is that Sec. 62.102(f} (2) provides that a"nonconforming
use rraay be changed to a use permitted in the district in which i1 is located or to a new
nonconforming use if the new nonconforming use is also listed in the same clause of
the code as the nonconforming use. "(Emphasis added)
12. Clarify that cellular telephone antennas are permitted uses in the I-1 district.
Proposed amendment:
Sec. 60.614. Principal uses subject to special conditions (I-1 Industrial District)
The following additional uses sha11 be pernutted subject to the conditions hereinafter
imposed for each use and subject to the standards specified for a11 special condition uses as
set forth in section 64300(d). All principal uses permitted subject to special conditions shall
be reviewed and approved by the planning commission.
(1) All commercial and public radio and television transmitting antennas, and public
utility microwave antennas subject to the following
conditions:
a. The antennas, transmitting towers or array of towers shall be located on a
continuous pazcel hauing a dimension equal to the height of the antenna,
transmitting tower or array of towers measured between the base of the antenna
ar tower located neazest to a property line, unless a qualified structural engineer
sha11 specify in writing that the collapse of any antenna or tower will occur
within a lesser distance under all foreseeable circumstances.
b. The proposed installation shall meet all requirements as outlined under section
62.108, site plan review.
Explanation:
YVhen amendments were made to Sec. 60.612 in 1997 that regulated cellular telephone
antennas as permitted uses in the I-1 district, this phrase that regulates them as special
condition uses was not deleted.
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13. Specify that home occupations must be related to the principal residence of one or
more persons involved in the business.
Proposed amendment:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7)Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
�The dwellin� unit shall be the principal residence of one or more persons idenrified
under pazaeraDh d.
Explanation.•
A recent court case demonstrated the importance ofspec�ing that a home occupation must
be related to the principal residence of one or more persons conducting the business.
Simply saying that the occupation shall be conducted by one or more of the people who
"reside " in the dwelling unit may be interpreted as allowing a home occupation where the
people involved may spend the night at the dwelling unit occasionally—or may only store
some clothing there.
14. Update the boundaries of the Capitol Area Architectural and Planning Board's
jurisdiction on the official zoning map.
For information. The boundaries of the Capitol Area Architectural and Planning Board are
established and revised by State Zaw. One or more such revisions have been adopted by the
Legislature and should be reflected on the City's zoning map. No action is required by the
Planning Commission or City Council.
15. Establish and clarify various height, setback and lot coverage provisions related to
porches and decks.
Proposed amendments:
Sec. 63106. Porches and decks.
(al An open, n� uncovered porch or deck
serving the principal structure shall be subject to setback and lot covera�e requirements for
the princinal structure with the followine exceptions:
(1) The roorch or deck may project into a re uired front or rear yard for a distance not
exceeding ten (10) feet, providin� the walkin¢ surface of the porch or deck is not
hi�her than thirt�301 inches above the adj acent erade in the front vard and not higher
than eight (81 feet above the adjacent erade in the rear vazd, but this shall not be
interpreted to include or permit fixed canopies. These permitted proiections shall be
excluded from lot coveraee calculations.
(21 The uorch or deck shall be no closer than six (6) feet to a detached accessory building,
unless the vorch or deck is not higher than two (2) feet above the adjacent erade
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(bl The walking surface of an onen uncovered porch or deck servin¢ a detached accessory
buildine oniv shall not exceed two (2) feet in hei¢ht above the adjacent erade or shall be
considered part of the accessorv building and must meet all setback and lot covera�e
requirements for the accessory buildine.
(c) An uncovered orch, deck or patio not exceedine two (21 feet in heieht is considered
landsca�g and is not subject to setback or lot covera� uirements.
Sec. 63.107. Projecfions into yards.
(a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details
and bay windows may project into a required yard sixteen (16) inches plus two (2) inches
for each foot of width of the required side yard.
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(b e) Ramps for the handicapped are exempted and may project into required yazds.
O�) Chimneys and fireplaces may project one (1) foot into a required yazd.
(d e) Attached vestibules, covered entrances and greenhouses
s�are€eet-in�xex may project up to twentv (201 square feet into a required front or rear yard
and shall be included as part of the principal structure for lot covera�e �ur �i oses.
(e � Air conditioning condensers may be permitted in required side and rear yazds and
nonrequired front yards.
Explanation:
The requirement suggested in Section 63.106(a)(1) would allow a deck to project 10' in the
front yard if not higher than 30" above grade. If higher than 30" a guard rail is required
under the building code. Therefore, using the same height for both standards makes it
easier for the building inspectors to remember when on a job site. This is a change from
allowing a deck on the ground floor because determining what the groundfloor is has been
problematic in the past, particularly for split levels and walkouts.
We are also proposing that a deck be allowed up to 8' in height in the fzrst 10' ofa required
rear yard (it would still need to maintain the required side setback). This would allow, for
instance.• a deck to project fi-om the back door just above grade out over a downward
sloping rear yard, a deck to project off a half story with Zook-out (egress) windows
underneath or a deck from the back door to go around an above-ground swimming pool.
There have been a few variance requests for these situations and they haven't seemed to
cause a problem, so it makes sense to simplify things by changing the code.
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The code is currently mute on whether such porches or decks shouZd be included in lot
coverage. The proposed Zanguage specifies that they would not If the porch or deck is
higher than 8' above grade (i.e. a balcony) or projects more than 10' into the required rear
yard, it would not only have to meet setbacks, but lot coverage as well.
Since a detached garage cannot be closer than 6' to the principal structure, it seems
appropriate that the same distance be required for a deck above 2' in height.
There have been instances where decks are added onto garages only; they are not connected
to the principal structure. The suggestion in paragraph (b) is that they would need to
maintain all setbacks and lot coverage requirements for accessory structures if the porch
or deck is higher than 2' above grade.
We think a maximum of hvo foot high decks have not been a problem and should be treated
like landscaping and permitted in all yard spaces.
Section 63.107 removes the portion about steps in side yards because it would be covered
under 63.106(c). Although this section may have been intended to allow side entryways, it
is more commonly used to add a deckfrom a side door around to the rear yard. The result
is that decks can be 1'from a properry line (often delineated by a fence in this circumstance)
for a single family dwelling in an R-4 district. The 1'setback seems to be unusable, and
sometimes not well maintained space. Again, this has resulterl in several variance requests
which are almostperfunctory.
The new paragr�aph (d) proposes an additional fi�ont projection. Uncovered ent�yways are
currently permitted to project 10' into a required fi•ont yard. Putting a roof over the stair
landing is not currently allowed but enclosing the landing, in the form ofa vestibule, is. The
few variance requests received for roofed entr�ies have been approved without question.
16. Clarify that human service licensed community residential facilities for sixteen or
fewer residents are permitted uses (subject to distance requiremenYs) as part of mixed
residential and commercial structures beginning in the OS-1 zoning district.
Proposed amendments:
Secfion 60.512. Principal uses permitted (OS-1 Zoning District)
(7) Mixed residential and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes_, or
human service-licensed facilities for sixteen 16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twentv (1320, radial
feet from another similar facilitv.
Section 60.514. Principal uses permitted subject to special conditions (OS-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
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IlR�1��l�1Or111�1��1�1��IH��G01�1�1�9129�1R�1�t�1R�eR�I�����tt111�1�%I�AIIR�I�I�r ��Rl�l��t�•
Section 60.522. Principal uses permitted (B-1 Zoning District)
(8) NliYed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev aze at least one thousand three hundred twentv (13201 radial
feet from another similar facilitv.
Section 60.524 Principal uses permitted subject to special conditions. (B-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
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Explanation:
Prior to 1993, human service licensed community residential facilities were permitted as
special condition uses as part of mixed residential and office%ommercial uses—as were
residential uses for persons without disabilities. In 1993 when mixed residential and
office%ommercial uses become permitted uses in OS-1 and B-1 zones, the language in the
code was rreodifzed to reflect this change. Tlze resulting Zanguage in the code is unclear.
The amendment seeks to clear up any questions or confusion and ensure that the code is
consistent with State and Federal law prohibiting discrimination against persons with
disabilities.
I7. Amend the provisions of the I-3 Industrial Zoning District to allow, as special condition uses,
principal uses permitted and uses permitted subject to special conditious and as regulated in
the I-2 District, provided that the proposed use is part of certain types of redevelopment
projects or in accordance with specific city-approved plans.
Proposed amendment:
Subdivision 3. 60.630. I-3 Industrial District.
Sec. 60.631. Intent.
The I-3 Industrial District is intended to provide sites for the development of extensive uses
which are or can be objectionable or hazazdous unless surrounded by other types of
industrial districts.
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as
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set forth in section 64300fe)�. All principal uses permitted subject to special conditions
shall be reviewed and approved by the planning commission.
(1) Crushing ofrock, asphalt or concrete, subj ect to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
(31 All principal uses first pernutted and uses first permitted subjectto special conditions
and as regulated in the I-1 and I-2 Districts, provided that the pronosed use is part of
a redevelo�ment �roject �ronosed bv a�ublic a¢encv as the a�nlicant ar done in
accordance with a specific planpertainin t�o the proroosed use. which s�ecific planhas
been approved bv the citv.
Explanation:
Unlike most other zoning districts in the city where the zoning is cumulative within a land
use type (i. e. uses permitted in the B-1 are also permitted in the B-2 and B-3), only five very
specific uses are allowed in the I-3 District.• petroleum and gasoline tanks, tanning and
rendering plants, cellular telephone antennas, rock crushing and the incineration of
infectious wastes. As demand for land for those uses has diminished, there is interest in
allowing other less intensive industrial uses in the three I-3 zoned areas in the city. (Map
attached)
The proposed amendment would allow uses first permitted in the I-1 and I-2 districts in the
I-3 district as special condition uses provided that they:
1. Are part of a redevelopment project proposed by a public agency as the applicant, OR
2. Are done in accordance with a specific city-approved plan pertaining to the proposed
use.
As special condition uses, they also would be required to meet the general conditions
outlined in Sec. 64.300(d) of the zoning code.
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Presented B;
SuRS���uT� -
orainan�e #
Green Sheet # � / V �✓�
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Council File # 9q - 5 �
PfIAIf.SI�Fl1
SEP 21199�
Section 1
Paragraphs d., g. and j. of Secrion 60.412(7) of the Saint Paul Legislative Code are hereby
amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
d. All home occupation activities in dweiling units of less than four thousand (4,000)
square feet of total living area, excluding a cellar and attic, sha11 be conducted by no
more than two (2) persons, for one of whom the dwellinu unit sha11
� be the principal residence. All home occupation activi6es in dwelling
units of four thousand (4,000) or more square feet of total living area, excluding a cellar
and attic, shall be conducted by no more than three (3) persons, for one of whom the
dwellin¢ unit shall ' be the p71T1C1 residence.
g. There shall be no exterior storage of equipment, ar supplies or commercial vehicles
associated with the home occupation, nor parking of more than one business caz, pickup
truck or small van, nor any additional vehicles except those for pernutted employees
identified under pazagraph d.
Refened To
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An ordinauce amending Chapters 33, 60, 62, 63, and 66
of the Saint Paul Legislative Code pertaining to Zoning.
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ORDINANCE
CITY OF SAINT PAUL, MINNESOTA „„
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Section 2
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Secrions 60.512('�b. and 60.514(3) of the 5aint Paul Legislative Code relating to the OS-1
Office Service District are hereby amended to read as follows:
Sec. 60.512. Principal uses permitted.
(7) Mixed residenfial and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twenty (1,3201 radial feet
from another sunilar facilitv.
Sec. 60.514. Principal uses permitted subject to special conditions.
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Section 3
Sections 60.522(8)b. and 60.524(3) of the Saint Paul Legislative Code relating to the B-1
Local Business District are hereby amended to read as follows:
Sec. 60.522. Principal uses permitted.
(8) Mixed residenrial and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes, or
human service-licensed facilities for sixteen (161 or fewer facility residents subject to
the condition that thev are at least one thousand three hundred rivent�(1320� radial feet
from another similar facilitv.
Sec. 60.524 Principal uses permitted subject to special conditions.
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Section 4
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Section 60.573(1)c. of the Saint Paul Legislative Code relating to the B-2C Community
Business (Converted) District is hereby amended to read as follows:
6 Sec. 60.573. Required conditions.
8 The following conditions shall be required of all uses in the B-2C Community Business
9 (Converted) District:
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(1) When existing buildings are converted from residential to business use, when e�sting
buildings aze enlazged, and when new buildings aze erected, off-street pazking shall be
provided as follows:
c. Off-street pazking spaces shall not be located within a front yard and nraq-�e-�ae•ated
wiEkut must be set back at least two (2) feet a€ from a side lot line.
Section 5
Section 60.614(4) of the Saint Paul Legislative Code relafing to the I-1 Industrial District is
hereby amended to read as follows:
Sec. 60.614. Principal uses permitted subject to special conditions.
The following additional uses sha11 be permitted subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as set
forth in section 64300(d). All principal uses pernutted subject to special conditions shall be
reviewed and approved by the planning commission.
(4) All commercial and public radio and television transmitting antennas, and public utility
microwave antennas subject to the following conditions:
a. The antennas, transmitting towers or array of towers shall be located on a continuous
pazcel having a dimension equal to the height of the antenna, transmitting tower or array
of towers measured between the base of the antenna or tower located nearest to a
property line, ,unless a qualified structural engineer shall specify in writing that the
collapse of any antenna or tower will occur within a lesser distance under all foreseeable
circumstances.
b. The proposed installafion sha11 meet a11 requirements as outlined under section 62.108,
site plan review.
Section 6
Section 60.634 ofthe Saint Paul Legislative Code relating to the I-3 Industrial District is
hereby amended to read as follows:
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for a11 special condition uses as set
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forth in section 64.300 f ej�d,2. All principal uses pernutted subject to special conditions shall be ��— ���
reviewed and approved by the planning commission.
(1) Crushing of rock, asphalt or concrete, subject to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
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� All piiIlC�al uses first permitted and uses first pernutted sub'ect t to special conditions and
as re¢ulated in the I-1 and I-2 Districts. provided that the proroosed use is part of a
redevelonment �roject proposed by a public agencv as the applicant or done in accordance
with a specific �lan pertaivin t�the proposed use, which skecific plan has been approved
by the citv.
Section 7
Sections 62.102(e)(3) and 62.102(i)(1)c. of the Saint Paul Legislative Code aze hereby
amended to read as follows:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures,
and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses aze subject to the following provisions:
(3) When a nonconforming structure is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformin�accessory shucture, however, mau be rebuilt on an
e�sting foundation or slab within one vear of its destruction provided that it is within
the masimum height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
36 (i) Nonconforming use permits. The planning commission may approve, modify and approve
37 or deny nonconforming use permits. To ensure the public welfare is served, the commission
38 may attach conditions to the permits including, but not limited to, conditions concerning
39 appearance, signs, off-street pazking or loading, lighting, or performance characteristics,
40 such as noise, vibration, glare, dust, or smoke.
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The pla.uving commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by attaching
an expiration date to the permit if the commission makes the following findings: (1)
ternunation of the nonconforming use or the continued vacancy of the building in which the
nonconforming use was located would cause significant hazdship; (2) permitting the
nonconforming use for a period of time will facilitate the transition to a confonning use;
and (3) permitting the nonconforming use for a period of tnne is consistent with the public
health, safety, comfort, morals, and welfaze. The period of tune for which the pernut is
valid sl�all be determined in each case by the commission and sha11 be based on the extent
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of the hardship.
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2 The plauning commission shall heaz and decide nonconfonniug use pernuts in accordance
3 with the procedures and requirements of section 64300. The planuing commission may
4 consider the following nonconforming use permits:
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(1) Establishment of legal nonconfomvng use status. The plauning commission may grant
legal nonconformiug status to the use of structures which fail to meet the standards of
section 62.102(b) if the commission makes the following findings:
c. The use or use of similaz intensity_permitted in the same clause of the zoning code
or in a more reshictive zoniu�district has been in e�stence continuously for a
period of at least ten (10) years prior to the date of the application.
Section 8
Section 62.103(g) of the Saint Paul Legislarive Code is hereby amended by adding the
following new parking requirements under INSTITUTIONAL and COMMERCIAL/SERVICE::
Sec. 62.103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street parking spaces by type of use shall be determined in accardance with the following
schedule:
INSTITUTIONAL
Multi-use communitvi centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 s ace �er 250 sc�ft. GFA
2 s an ces per auto service stall
Section 9
Section 62.106(2) of the Saint Paul Legislarive Code is hereby amended by adding new
language to the fourth paragraph thereof to read as follows:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, shall be subject to the
following regulations:
(2) Accessory buildings, structures or uses shall not be erected in or established in a required
yard except a reaz yard.
On corner lots, accessory buildings, stnzctures or uses shall be set back from the street a
distance equal to that required of the principal structure.
46 When an accessory building, structure or use is conshucted in a reaz yazd which adjoins a
47 side yazd or front yard, the accessory building, structure or use shall be set back from the
48 interior lot line a distance equal to the minimum side yard required in the dishict in which
49 located.
5
�%� /!
�q-75d
On all other lots, accessory buildings shall be set back at least three (3) feet from all interior
lot lines, and overhangs shall be set back at least one-third (1/3Zthe distance of the setback
of the gazaee wall or one (11 foot, whichever is ereater
�ines.
Section 10
Section 62.112 of the Saint Paul Legislative Code is hereby repealed. Section 33.07(b) of
the Saint Paul Legislafive Code is hereby amended to read as follows:
10
11 � -.._ �., ,,.. ,._-_ -- �. — =:�y.
�_�___--=-=•--_- --°- ' -__
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17 n�t�rseefiarr.
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19 Sec. 33.07. Fences--Requirements.
20
21 (b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
22 above the sidewalk or finished grade of any lot in a residence district or on any lot occupied for
23 residential purposes. Fences and all supporting structures sha11 be completely within the
24 boundaries of such lot. All fences erected between the front properry line and the front setback
25 line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more than three
26 feet six inches (3'6") in height. Fences not obstructing vision to an extent in excess of twenty
27 (20) percent above a height of three feet six inches (3'6") shall be exempt from the restrictions
28 herein. .
29 . No fence, wall, shrubbery, si�n or other obstruction to vision
30 above a height of two (21 feet from the averaee erade of the pro e�rt�hall be Uermitted within
31 the triangular azea formed at the intersection of anv street right-of-wav lines b�trai ng t line
32 drawn between said right-of-wav lines at a distance alon� each line equal to the minimum
33 setback lines from their ooint of intersecfion.
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Section I1
Sections 62114(5) and 33.07(d) of the Saint Paul Legislative Code are hereby amended to
read as follows:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot rixbs aze permitted
as an accessory use within the reaz yard or nonrequired side yazd; except that, for multiple
family developments, the plamiiug commission may determine the location of the pool or tub.
Private outdoor pools and hot tubs shall meet the following requirements as applicable:
(5) All yards of one and rivo famil�structures cont�.iniug swiminiiig pools shall be enclosed by
an obscuring fence not less than four (4) feet in height. All vards of residential structures of
three or more units and commercial structures containing swiimnin�pools shall be enclosed
bv an obscuring fence not less than fiveS51 feet in hei,� The gates shall be of a self-
closing and self-latching type, with the latch on the inside of the gate, not readily available
for children to open. Gates shall be capable of being securely locked when the pool is not in
��
��.qq
use.
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Sec. 33.07. Fences--Requirements.
��-75 �
(d) Swimming poal fences. All yazds of one and two familv shuctures containing swinuniug
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All ,��azds
of residential structures of three or more units and commercial structures containine
swimmin�pools shall be enclosed by an obscuring fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily available for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
Section 12
Secrions 63.106 and 63.107 of the Saint Paul Legislarive Code aze hereby amended to read
as follows:
Sec. 63.106. Porches and decks.
� An open, nnet�e�esed-arc� uncovered porch or deck serving
the principal structure shall be subject to setback and lot coverage requirements for the rincipal
structure with the followin¢ exceptions:
(1) The porch or deck may project into a required front or rear yard for a distance not
exceeding ten (10) feet, nrovidine the walkine surface of the porch or deck is not higher
than thirtyS301 inches above the adjacent grade in the front yard and not higher than ei�ht
� feet above the adjacent grade in the rear �ard, but this shall not be interpreted to
include or permit fixed canopies. These permitted proj ections shall be excluded from lot
coverage calculations.
L) The porch or deck shall be no closer than six Ll feet to a detached accessor�buildin¢.
unless the porch or deck is not hi�her than two (21 feet above the adjacent r�ade.
26 1bl Thewalkinesurfaceofanopen,uncoveredparchordeckservingadetachedaccessorybuildin�
27 onlv shall not exceed two (2) feet in hei�ht above the adjacent �rade or shall be considered part of
28 the accessorYbuildi� and must meet all setback and lot coverage requirements for the accessorv
29 buildine.
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33
(c) An uncovered porch, deck or oatio not exceedine two (2) feet in heieht is considered
landscapin� and is not subject to setback or lot coverage requirements.
Sec. 63.107. Projections into yards.
34 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details and bay
35 windows may project into a required yard si�een (16) inches plus two (2) inches for each foot of
36 width of the required side yazd.
37 , ,
38 .
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43
(b e) Ramps for the handicapped aze exempted and may project into required yards.
� c�) Chimneys and fireplaces may project one (1) foot into a required yard.
(d e) Attached vestibules, covered entrances and greenhouses
irru� may project � to rivent�(201 square feet into a required front or reaz yard and sha11 be
inciuded as roart of the principal structure for lot covera�e nuruoses.
���
�
1 (e � Air condifioning condensers may be pernutted in required side and reaz yards and nonrequired
2 frontyazds. ��,���
3 Section 13
4 The definition of "Lot frontage" in Section 66.114. L. of the Saint Paul Legislative Code is
5 hereby amended to read as follows:
6 Section 66.114. L.
7 Lot frontage. The width of a lot measured along the line separating the lot from any street,
8 as defined in Chapter 60. For a lot having frontage on more than one street, the lot frontage for
9 the puruoses of this chapter mav be deternrined b�� the frontage having the least width
10 plus one-half of the addi6onal lineal feet of lot frontage
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Section 14
Section 66.204(a)(2) of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Ident�cation Signs
17 (2) For multiple-family structures on pazcels 25.000 square feet or smaller, one identification
18 sign for each street frontage is allowed.
19 No sign shall exceed six �61 sauare feet in size. For multiple-family structures on parcels
20 larter than 25,000 square feet, one armere or two idenfification si�n�l £er on each street
21 frontage is/are allowed. -
22 �� The total amount of si�nage on each fronta¢e sha11 not exceed twen -t�ur
23 (24Lquare feet in size.
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27
�
Section 15
Sections 66.2161 and 66.2163 of the Saint Paul Legislative Code relating to special dishict si�
plans are hereby amended to read as follows:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
29 The Grand Avenue Special District Sign Plan, created as provided in secfion 66.216 above,
30 applies to the azea defined by Oakland Avenue on the east, Cretin Avenue on the west and the
31 para11e1 alleys north and south of Grand Avenue. The zoning administratar sha11 enforce the
32 provisions of the Grand Avenue Special District Sign Plan as a supplement to the zoning code.
33 Whenever a pernut for a sign within the Grand Avenue Special Sign District is required under
34 the provisions of this chapter, such pernut sha11 not be issued unless the plans for the sign have
35 been approved by the plamm�g zonin administrator as in conformance with the Grand Avenue
36 Special District Sign Plan. Building pernut applications for signs in the Grand Avenue Special
37 Sign District shall be submitted to the planrring zoninQ adininistrator for review and approval.
38
39 Sec. 66.2163. Highland Village Special District Sign Plan.
40 The Highland Village Special Sign Dishict Plan, created as provided in section 66.216,
41 pursuant to city council resolution C.F. No. 86-1451, applies to the area as defined by said
42 council resolution. The provisions of this plan aze supplementary to those of this chapter and
43 the most restrictive provision sha11 apply. Within the Highland Village Special Dishict Sign
�3��
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P1IRPICN�n
�EP 21'99�
Requested by Department of:
By:
Plan, signs shall be subject to the provisions as contained and set forth in City Council ��-7�
Resolution C.F. No. 86-1451. The zoning admiuistrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit sl�all not be issued unless the plans for the sign have
been approved by the p}�iag wnine admiuistrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applicarions for signs in the Highland
Village Special Sign District shall be submitted to the p'raaaing zOning administrator for review
and approval.
Section 16
This ordinance shall take effect and be in farce fliirty days from and after its passage, approval
and publication.
Adopted by Council: Date ����
Adoption Certified by Council Secretary
BY: --� �. _ �,�+�..,_�
Approved � t yox: Da 9 q q9
By: O �� - � �/
Form Appxoved by City Attorney
it�i � ..l 1 %��le " •
: � �
Approved by Mayor for Submission to Council
Byc
�
aq •�sa
PED/Planning Commission
ACT PEF2SON 8 PHONE
BE ON COUNCIL AGENDA BY (OATEj
OATE INIMTED
Suly �4 1949 � GREEN SHEET
i�
TOTAL # OF SIGNATURE PAGES �_
No 09833
� tlrvATTORIEY ❑ LrtYCLFNI(
❑ A111HMLSERVII:F9pR ❑ AIFIICJi1.IIER1�/�/ACRG
❑4 wwR ���� � Tom Harrex
(CLJP ALL LOCATIONS FOR SIGNATURE)
Approval of text amendments related to zoning,
PLANNING CAMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
When,
Has this perwMrtn everwoAcetl under a contract fathis departmeM?
YES NO
Has this person/firm evef been a cily empbYee9
YES NO
Does this peisoNfinn possess a sltlll not nwmallypossessed by any curteM city employee7
YES NO
Is this perwn/firtn a targetetl vendor')
VES NO
Nain all ves answers on seoarate sheet anE attach to green sheet
On a periodic basis, the Planning Commission proposes amendments to the Zoning Code that
reflect recent administrative rulings, court decisions, ox determinations made by the
Commission, Board of Zoning Appeals or City Council--or clarify issues identified by
recent applications. In the judgement of the Commission, these proposed amendments do not
require extensive study--although they do receive extensive public review.
TAGESIFAPPROVED
�'' �
Ambiguities in the zoning code related to new types of uses are clari�ied; applicants
do not have to apply for routine variances or moditications; enfo errt��e� s are more
defensible. �� "'-""�� �`�
a� �'�,: � � a `,�
None
Additional staff time is spent on unwieldy regulations, applicants
"red tape." ,
AMOUNT OF TRANSAC710N
GOSTrttEVENUE
ACTNITY �
INFOkMAT10N (IXPWt�
ORIGINAl.
Council File # l l�� 5�
Ordinance #
Green Sheet # .� qS3 3
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Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Committee :
An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul Leg' ative Code pertaining to
Zoning.
The Council of the City of Saint Paul does ordain:
Section 1
That Sec. 60.412. Principal uses permitted (RLL through R-4 di ricts). of the Saint Paul Legislative
Code shall be amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL througL R-4 stricts).
(7) Home occupations which are compatible with other sidential uses and which maintain and preserve
the character of residential neighbarhoods subject o the following requirements:
g. There shall be no exterior storage of equipm t, ar supplies or commercial vehicles associated with
the home occupation, nor parking of mare an one business caz, pickup tnxck or sma11 van, nor any
additional vehicles except those for pe tted employees identified under pazagraph d.
1
Section 2
That Sec. 60.512. Principal uses per ' ted. and Sec. 60.514. Principal uses permitted subject to special
conditions. of the Saint Paul Legisla ' e Code related to the OS-1 Office Service District sha11 be amended to
read as follows:
Sec. 60.512. Principal uses pe itted.
(7) Mixed residential and o ice uses subject to the following conditions:
b. Residential uses m be occupied by foster homes, �r freestanding foster homes, or human service-
Sec. 60.514. Princip. uses permitted subject to special conditions.
(3) " `' Hospices serving sixteen (16) or fewer facility residents. ��m�sa
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Section 3
�q -�t so
That Sec. 60.522. Principal uses permitted. and Sec. 60.524. Principal uses permitted subject to
conditions. of the Saint Paul Legislative Code related to the B-1 Local Business District shall be az
read as follows:
Sec. 60.522. Principal nses permitted.
(8) Mixed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster
51 Sec. 60.524 Principal uses permitted subject to speciai conditions.
52 (3) Aospices serving sixteen (16) or fewer facility residents. �7cep7
53
54 �- — �_ �, .,,.. --':-' �—� ° --- --° — '--- ---'- '' ---'
55
56
Section 4
57 That Sec. 60.573. Required conditions. of the Saint Paul Legislati
58 Business (Converted) District shall be amended to read as follows:
59 /
60 Sec. 60.573. Required conditions.
61 The following conditions shall be required of all uses in
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DisTrict:
to
related to the B-2C Community
Community Business (Converted)
(1) When e�sting buildings are converted from reside tial to business use, when existing buildings are
enlarged, and when new buildings are erected, o-street parking shall be provided as follows:
c. Off-street parking spaces shall not be locate within a front yard and � must be
set back at least two (2) feet a€ from a sid ot line.
Secrion 5
That Sec. 60.614. Principal uses permitted bject to special conditions. of the Saint Paul Legislative Code
related to the I-1 Industrial District shall be ended to read as follows:
5ec. 60.614. Principal uses permitted ubject to special conditions.
The following additional uses sha11 e permitted subject to the conditions hereinafter imposed for each use
and subject to the standards specifi for all special condition uses as set forth in section 64300(d). All
principal uses permitted subject t special conditions sha11 be reviewed and approved by the planning
commission.
(1) All commercial and pu ic radio and television transmitting antennas, and public utility microwave and
ecHui�erie ant as subject to the following conditions:
a. The antennas, tr smitting towers or azray of towers shall be located on a continuous parcel having a
dimension eq to the height of the antenna, transmitting tower or array of towers measured
between the b e of the antenna or tower located nearest to a property line, unless a qualified
structural e ineer shall specify in writing that the collapse of any antenna or tower will occur within
a lesser di ce under a11 fareseeable circumstances.
b. The pr�posed installation shall meet a11 requirements as outlined under section 62.108, site plan
qq-1so
92 Section 6
93 That Sec. 60.634. Principal uses permitted subject to special condifions. of the Saint Paul Legislative Code
94 related to the I-3 Industrial District shall be amended to read as follows:
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Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter unposed for eac t
and subject to the standazds specified fox all special condition uses as set forth in section 64300(ej d. Ali
principal uses pemutted subject to special conditions shall be reviewed and approved by the pl ' g
commission.
(1) Crushing of rock, asphalt or concrete, sub}ect to the conditions for uses which
manufacture outside a completely enclosed building [as set out in] section 60.i
(2) The incineration of infectious wastes subject to the conditions as set out in
c.
�
Section 7
ocess or
b. and c.
60.624(19) a., b. and
114 That Sec. 62.102. Nonconforming lots, nonconforming uses o and, nonconforming structures, and
115 nonconforming uses of structures and land. of the Saint Pa Legislative Code sha11 be amended to read as
116 follows:
117
118 Sec. 62.102. Nonconforming lots, nonconforming us of land, nonconforming structures, and
119 nonconforming uses of structures and land.
120 (e) Nonconforming structures with conforming ses. Nonconforming structures with conforming uses are
121 subject to the following provisions:
122 (3) When a nonconforming structure ' destroyed by any means to an extent of more than sixry (60)
123 percent of its replacement cost, clusive of the foundation, at the tune of destruction, it shall not
124 be reconstructed except in co rmity with the provisions of this code. A nonconformine
125 accesso structure howeve ma be rebuilt on an existin foundation or slab within one ear of
126 its destruction nrovided th it is within the maximnm hPiuht anrl cize limitc fnr an arrrecnrv
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128
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133
(i) Nonconforming use permit . The planning commission may approve, modify and approve or deny
nonconforxning use pe 'ts. To ensure the public welfare is served, the commission may attach
conditions to the pe ' s including, but not limited to, conditions conceining appearance, signs, off-
street parking ar loa ng, lighting, ar performance characteristics, such as noise, vibration, glare, dust, or
smoke.
134 The plauuing co �ssion in approving nonconforming use permits may allow a nonconforming use for
135 a specified pe �od of time and then require its removal by attaclung an expiration date to the pernut if
136 the commis �on makes the following findings: (1) termination of the nonconforming use or the
137 continued acancy of the building in which the nonconforming use was located would cause significant
138 hardshi ,(2) pernutting the nonconforming use for a period of time will facilitate the transition to a
139 confo �ng use; and (3) permitting the nonconforming use for a period of time is consistent with the
140 public health, safety, comfort, morals, and welfare. The period of time far which the pernut is valid shall
141 be determined in each case by the commission and shall be based on the extent of the hardship.
142
qq-�so
143 The planning commission shall hear and decide nonconforxning use permits in accordance with the
144 procedures and requirements of section 64.300. The planning commission may consider the following
145 nonconforming use permits: �
146 (1) Establishment of legal nonconforming use status. The planning commission may grant legal
147 nonconforniiug status to the use of structures which fail to meet the standards of section 62.1
148 if the commission makes the following findings:
149 c. The use or use of similaz intensitv permitted in the same clause of the zonine code or i�
150 reshictive zoning district has been in existence continuously for a period of at least t(10)
151 yeazs prior to the date of the application.
152
153 Section 8
154 That Sec. 62.103. Parking requirements. of the Saint Paul Legislative Code shall be am ded to add the
155 following provisions:
156
157 Sec. 62.103. Parking requirements.
158 (g) Parking requirements by use. Except as provided in section 60.573, the
159 parking spaces by type of use shall be determined in accordance with the fr
160
161 INSTITUTIONAL
162 Mu1ti-use communitvi centers 1 s ace er 250 s. ft. GF
163
164 COMMERCIAL/SERVICE
165 Auto repair accessorv to auto sales
166
167
Section 9
n number of off-street
schedule:
168 That Sec. 62.106. Accessory buildings. of the Saint Paul
169 follows: /
170 � 171 Sec. 62.106. Accessory buildings. �
172 Accessory buildings, except as othenvise p
173 (2) Accessory buildings, structures or uses
174 rear yard.
175 On corner lots, accessory buildings, s
176 to that required of the principal s tw
177 When an accessory building,
178 front yard, the accessory bui]
179 equal to the xninimum side y�
180
181
182
183
184
Code shall be amended to read as
�d an this code, shall be subject to the following regulations:
not be erected in or established in a required yard except a
or uses shall be set back from the street a distance equal
ure or use is constructed in a rear yard which adjoins a side yud or
structure or use shall be set back from the interior lot line a distance
required in the district in which located.
On all other lots, accesso buildings shall be set back at least three (3) feet from all interior lot lines,
and overhangs shall be t back at least one-third (1/31 the distance of the setback of the ��e wall or
one 1 foot whichev is •eater .
185 That Sec. 62.112.
186 appended to Sec.
187
188 5����e�c�xee�
189 , ,
190 --'- - �xaac "vra�c-vr
' Section 10
�r clearance. of the Saint Paul Legislative Code shall be deleted and its language
Fences—Requirements. of the Saint Paul Legislative Code to read as follows:
' : .• � . : . � :. :� . -..:
� - -
: .. .: . : . .: : :
193 Sec.33.07.Fences—Requirements. ��'��
194 (a) Permit. No person shall construct, or cause to be constructed, any fence in the City of Saint Paul without
195 first obtaining a pernut therefor from the building official. �
196 (b) Height offences. No fence shall be erected exceeding siac feet six inches (6'6") in height above e
197 sidewalk or finished grade of any lot in a residence district or on any lot occupied for residenti urposes
198 Fences and all supporting structures shali be completely within the boundaries of such lot. fences
199 erected between the front property line and the front setback line as defined in section 602 6 of the Saint
200 Paul Legislative Code shall be no more than three feet six inches (3'6") in height. Fence ot obstructing
201 vision to an extent in excess of twenty (20) percent above a height of three feet six inc es (3'6") shall be
202 exempt from the restrictions herein.
203 . . No fence wall. shrubbe , si or other obstruction t<
204 vision above a hei ht of two 2 feet from the avera e ade of the ro e sh be ermitted within the
205 trianeular azea formed at the intersection of anv street rieht-of-wav lines bv traieht line drawn between
206 said right-of
207 intersection.
1:
QII']
Section 11
210 That Sec. 62.114. Private residential pools and hot tubs.
211 amended to read as follows and that Sec. 33.07. Fences—R
Saint Paul Legislative Code sha11 be
ments. shall be amended to be consistent:
212 Sec. 62.114. Private residential pools and hot tubs.
213 Private outdoor residential poois, both above and bel ground, and hot tubs are pernutted as an accessory
214 use within the rear yard or nonrequired side yard; ex pt that, for multiple family developments, the planning
215 commission may determine the location of the poo or tub. Private outdoor pools and hot tubs shaJl meet the
216 following requirements as applicable:
21'7
218
219
220
221
222
(5) All yards of one and two familv s�
fence not less than four (4) feet in
five (5) feet in hei� The gates
inside of the gate, not readily av
locked when the pool is not i�
containing swimming pools sha11 be enclosed by an obscuring
All yards of residential structures of three or more units and
be of a self-closing and self-latching type, with the latch on the
for children to open. Gates shall be capable of being securely
223 Sec. 33.07. Fences--Requireme s.
224 (d) Swimming pool fences. 1 yards of one and two family structures containing swimming pools shall be
225 enclosed by an obsc � g fence not less than four (4) feet in height. All vards of residential structures of
226
227
The gates shall be of a self-ciosing and self-latching
228 type, with the la h on the inside of the gate, not readily available for children to open. Gates shall be
229 capable of bei securely locked when the pool is not in use.
230
231 Section 12
232 That Sec. 63 06. Porches. and Sec. 63.107. Projections into yards. of the Saint Paul Legislative Code shall
233 be amend
234
235 Sec.
to read as follows:
Porches and decks.
236 � An open, mre� uncovered porch or deck servin¢ the princi�al
237 structure shall be subject to setback and lot coverage requirements for the princi�al structure with the followinu
238 exce tions:
qq-�so
239 (1) The roorch or deck may project into a required front or reaz yazd for a distance not exceeding ten (10)
240 feet, providing the walking surface of the norch or deck is not higher than tliirty�30} inches above the
241 adjacent erade in the front vard and not hieher than ei�(81 feet above the adiacent grade in the reaz
242 yard• but this shall not be interpreted to include or pernut fixed canopies. These permitted projections
243 shall be excluded from lot coveraee calculations.
244 {2) The norch or deck shall be no closer than six (61 feet to a detached accessory buildine, unless the porch
245 or deck is not hieher than two (21 feet above the adjacent erade.
246 _(bl The walking surface of an ouen. uncovered porcb or deck servin� a detached acce
247 not exceed two (21 feet in height above the adjacent erade or shall be considered roart
248 and must meet all setback and lot covera e rec�uirements for the accessorv buildin�
249 (c) An uncovered porch, deck or patio not excee�
250 subject to setback or lot covera�e requirements.
251
252 Sec. 63.107. Projections into yards.
253 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorati details and bay windows may
254 project into a required yard sixteen (16) inches plus two (2) inches for each oot of width of the required side
255 yard.
256 , ,
257 .
258 (b e) Ramps for the handicapped are exempted and may project ' to required yards.
259 ��) Chimneys and fireplaces may pzoject one (1) foot into required yard.
260 (d e) Attached vestibules covered entrances and greenhous s may
261 project up to twenty�201 sc�uare feet into a required nt or rear yazd and shall be included as part of the
262 rincipal structure for lot coverage n oses.
263 (e � Air conditioning condensers may be
264
�
266 That Chapter 66 of the Saint Paul
required side and rear yards and nonrequired front yards.
Section 13
Code pertaining to signs shall be amended to read as follows:
267 Section 66.114. L.
268 Lot frontage. The width of a 1 measured along the line separating the lot from any street, as defined in
269 Chapter 60. For a lot having fro age on more than one street, the lot frontaee for the �uxposes of this cha�ter
270 mav be determined bv using th frontage having the least width plus one-half ofthe additional lineal feet of lot
271 frontage .
272
273 Sec. 66.204. R-LL
274 (a) Identifzcation
275
276
277
278
279
280
RM-3 Residential Districts
(2) For multiple- �ly shuctures on nazcels 25.000 sguare feet or smaller, one identification sign for each
street fron ge is allowed. No sien shall exceed six �61
s uare f t in size. For multiple-familv structures on parcels lareer than 25.000 sc�uare feet, one �rmare
The total amount of signaee on each fronta�e shall not exceed
281
282
283 See. 66.2161. Grand Avenue Special District Sign Plan.
284
285
286
287
288
289
290
291
94 -�so
The Grand Avenue Special District Sign Plan, created as provided in section 66.216 above, applies to the area
defined by Oakland Avenue on the east, Cretin Avenue on the west and the pazallel alleys north and south of
Grand Avenue_ The zoning adtninistrator shall enforce the provisions of the Graud Avenue Spec' District Sign
Plan as a supplement to the zoning code. Whenever a permit for a sign withiu the Grand Av ue Special Sign
District is required under the provisions of this chapter, such pernut shall not be issued unl s the plans for the
sign have been approved by the�mmg zonine admiuistrator as in conformance with the and Avenue Speciai
District Sign Pian. Building pernut applications for signs in the Grand Avenue Speci Sign District shall be
submitted to the pi�mm�g zonin administrator for review and approval.
292 5ea 66.2163. Highland Village Special District Sign Plan.
293
294
295
296
297
298
299
300
301
302
303
The Highland Village Special Sign Dishict Plan, created as provided in section 216, pursuant to ciry council
resolution C.F. No. 86-1451, applies to the area as defined by said council resol �on. The provisions of this plan
are supplementary to those of this chapter and the most restricfive provisio hall apply. Within the Highland
Village Special District Sign Plan, signs shall be subject to the provisio as contained and set forth in City
Council Resolution C.F. No. 86-1451. The zoning administrator st�all orce the provisions of the Highland
Village Speciai District Sign Plan as a supplement to the zoning code. enever a permit for a sign within the
Highland Village Special Sign District is required under the provisi s of this chapter, such permit shall not be
issued unless the plans far the sign have been approved by the zonine administrator as in conformance
with the Highland Village Special District Sign Plan. Buildin ermit applications for signs in the Highland
Village Special Sign District sha11 be submitted to the zonin administrator for review and approval.
304 Se�
305 This ordinance shall take effect and be in force tivrty
306 i
from and after its passage, approval and publicarion.
Requested by Department of:
Planninq & Economic Develonment
r _,_/ /
By: ^ � �
Adopted by Council: Date
Adoption Certified by Counc' Secretazy
By:
0
Approved by Ma ate
BY — _ � _
Form Approved by City Attorney
i /� �Y�Y�'�T/�
By:
Approved
By:
a4 -�s'�
SAINT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Colemttq M¢yor
July 23, 1999
Council President Dan Bostrom and
Members of the City Council
320B City Hall
Saint Paul, MN 55102
Dear Council President Bostrom and Members of the City Council:
Since 1982, the Planning Commission has periodically considered and recommended to
the Mayor and City Council minor zoning amendments. These amendments make
changes needed to bring the code up to date with new living or business practices, carry-
out newly adopted plans, clarify regulations, correct errors, and incorporate zoning
administrator interpretations or court decisions. Attached are the Pianning Commission's
report which discusses each of the proposed amendments as well as an ordinance for
your review and final action.
The Planning Commission provided for a two month period of public review and held a
public hearing on June 11, 1999. Two district councils indicated concern about the
proposed increase in signage that would be allowed for multi-family structures on large
(over 25,000 square feet) lots. No other comments were received.
I am forwarding the Planning Commission's recommendation to the Councii with my
support. Please feel free to call Nancy Homans (6-6557) if you have specific questions
or need additional information.
Sincerely,
�04� �Cw, �
Norm Coleman
Mayor
390 (1ry Hall
IS West%Ilogg Boulevord
Saim P¢ul, MN55102
Telephone: 651-266-8510
Facsimile: 651-228-85I3
Enclosures
0
city of saint paul
planning c,ommission resolution
��� ('�U(Y'�IJCr 99-38
tJC� te June 25, 1999
MINOR ZONING TEXT AMENDMENTS
April '1999
a q.�So
WHEREAS, the Saint Paul Planning Commission has determined that considering and
recommending periodic zoning amendments to the Mayor and City Council is the most
desirable way to keep the zoning code as current as possible; and
WHEREAS, the Saint Paul Pianning Commission, on Aprii 9, 1999, released for public review
and discussion a report entified, "Proposed Text Amendments: April 1999;"
WHEREAS, the Saint Paul Planning Commission, on June 11, 1999, held a public hearing on
pr000sed minor zoning ame�dment concerning signage, parking standards, setback
requirements, home occupations, fences, antennas, nonconforming uses, porches and decks,
residentiai facilities, the Capitol Area, and uses in I-3 zoning districts; and
WHEREAS, the Zoring Committee of the Saint Paul Planning Commission reviewed the
testimony received and recommended changes to the proposed amendments; 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; and
2. That a survey of an area in excess of 40 acres fias been made; and
3. That a d2termination has been mude that ihe proposed amendments to th2 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 12, 19 and 26 and in the Saint Paul Legal Ledger or+ June 3,
1999.
fVOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission
recommends approval of the zoning code amendments as outlined in the "Proposed Text
Amendments: April 1999" study, as amended, and directs the Planriing Administrator to for�vard
the study and this resolution to the Mayor and City Council for their review ancl action.
moved by Field
seconded by
1n �a��' IInanimous
8�11"1.St
aa '�s °
PROPOSED TEXT AMENDMENTS
April 1999
As amended and recommended by the Planning Commission, June 25, 1999
L Modify the sign provisions of the ordinance to allow larger identification signs for
multiple family structures on parcels larger than 25,000 square feet
Proposed amendment:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Identifzcation Signs
(2) For multiple-fanuly structures on pazcels 25,000 squaze feet or smaller, one
identification sign for each street frontage
in-xreR is allowed. No sign sk�a11 exceed six (61 squaze feet in size. For multi l�e-
familv structures on pazcels larger tl�an 25.00Q square feet. one ermai�e or two
identification sitYn(sl €ar on each street fronta�e is/are allowed.
. The total amount of
si�na�e on each frontage shall not exceed twentv-four (241 squaze feet in size.
Explanation:
Frequent t^equests for sign variances are received fi^om owners of Zat^ger multi farnily
properties, especially those with street frontage on move than one side, indicating that six
square feet of signage is not sufficient. Other communities in the metro-area allow between
20 and 30 square feet of signage for multi family buildings.
2. Amend the method by which lot frontage is calculated on parcels with more than one
street frontage for the purposes of determining the amount of ailowable signage.
Proposed amendment:
Section 66.114. L.
Lot fi�ontage. The width of a lot measured along the line sepazating the lot from any
street, as defined in Chapter 60. For a lot having frontage on more than one street, the lot
frontaee for the purposes of this chapter mav be determined bv using the frontage having the
least width plus one-half of the additionai lineal feet of lot frontage
Explanation:
This proposed amendment addresses the amount of signage (gross surface display area)
allowed on a lot with more than one street frontage. The existing Zanguage sometimes serves
to penalize a property owner on a lot with more than one street frontage when the sum of the
shortest fi°ontage plus one-half of the additional Zineal feet of lot fi�ontage is less than one
street fi�ontage. Under the proposed amendment, the property owner would have the option
of using either the width of a single frontage (presumably the tongest) or the shortest
frontage plus one-half of the additional frontage in calculating the total aZZowable gross
surface display area for the site.
qq-�so
3. Clarify that the zoning administrator—rather than the planning administrator—is
responsible for approving applications for sign permits in special sign districts.
Proposed amendments:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
The Grand Avenue Special District Sign Plan, created as provided in secrion 66.216
above, applies to the area defined by Oakland Avenue on the east, Cretin Avenue on the west
and the parallel alleys north and south of Grand Avenue. The zoning aduiiuistrator shall
enforce the provisions of the Grand Avenue Special District Sign Plan as a supplement to the
zoning code. Whenever a permit for a sign within the Grand Avenue Special Sign District is
required under the provisions of this chapter, such pemut shall not be issued unless the plans
for the sign have been approved by the pla�ming zonin admiiustrator as in conformance with
the Grand Avenue Special District Sign Plan. Building permit applications for signs in the
Grand Avenue Special Sign District sha11 be submitted to the plamrix� zonine administrator
for review and approval.
Sec. 66.2163. Highland Village Special District Sign Plan.
The Highland Village Special Sign District Plan, created as provided in section 66.216,
pursuant to city council resolution C.F. No. 86-1451, applies to the azea as defined by said
council resolution. The provisions of this plan are supplementary to those of this chapter and
the most restrictive provision shall apply. Within the Highland Village Special District Sign
Plan, signs shall be subject to the provisions as contained and set forth in City Council
Resolution C.F. No. 86-1451. The zoning administrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit shall not be issued unless the plans far the sign have
been approved by the p�rming zonine administrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applications for signs in the Highland
Village Special Sign District shall be submitted to the p�mming zonin� administrator for
review and approval.
Explanation:
The proposed amendment reflects a change in the staff responsibility for the administration
of the sign ordinance from the planning administrator who is housed in the Department of
Planning and Economic Development to the zoning administrator who is housed in the
Department of License, Inspections, and Environmental Protection (LIEP)
q�-�sa
4. Establish parking requirements for multi-use community centers and auto repair uses
that are accessory to auto sales.
Proposed amendments:
Secfion 62-103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street pazldng spaces by type of use shall be determiued in accordance with the
following schedule:
INSTITUTIONAL
Multi-use community centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 space per 250 sq. ft. GFA
2 s ao ces per auto service stall
Explanation:
Under the authority ofSection 62.103(h), previous PlanningAdministrators have determined
that the parking requirement for the use Zisted above should be as indicated. Those rulings
were to be codified through text amendments.
5. Clarify that there shall be no exterior storage of commercial vehicles associated with
home occupations.
Proposed amendments.•
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which aze compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
g. There shall be no exterior storage of equipment, sr supplies or commercial vehicles
associated with the home occupation, nor pazking of more than one business caz,
pickup truck or small van, nor any additional vehicles except those far permitted
employees identified under pazagraph d.
Explanation:
The City's enforcement staff has had difficulry taking enforcement action when they receive
complaints about commercial vehicles in residential yards because the code lacks specifzcity.
6. Clarify sideyard setback requirements for parking in the B-2C Zoning District.
Proposed amendment:
60.573. Required conditions. (B-2C Zoning District)
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 e�sting
buildings are enlarged, and when new buildings are erected, off-street parking shall be
provided as follows:
qq-'1s o
c. Off-street parking spaces shall not be located within a&ont yazd and mgq-be
iaea�e�wifi3�dn must be set back at least two (2) feet e€ from a side lot line.
EzpZanation:
The intent of the code is that parking spaces need only be set back 2 feet from a side lot line,
but that is not cZear with the current language.
7. Allow the replacement of nonconforming garages on existing slabs/foundations even if
they don't meet setback requirements—provided that they conform to current height
and lot coverage standards.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses are subject to the following provisions:
(3) When a nonconforming struchxre is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformine accessorv structure, however, may be rebuilt on an
existine foundation or slab within one year of its destruction urovided that it is within
the maximuxn height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
Explanation:
The BZA has handled a number of cases where a garage has blown down or otherwise been
destroyed and the properry owner comes in to reconstruct the garage on the existing slab
only to find that it doesn't meet setback reguir-ements. These variances almost always are
approved.
8. Clarify required roof overhang setback requirements for accessory buildings..
Proposed amendment:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, sha11 be subject to the
following regulations:
(2) Accessory buildings, structures ar uses shall not be erected in or established in a
required yard except a rear yazd.
On corner lots, accessory buildings, structures or uses shall be set back from the street
a distance equal to that required of the principal structure.
qq -'�s o
When an accessory building, structure or use is constructed in a reaz yard which adjoins
a side yard or front yard, the accessory building, structure or use shall be set back from
the interior lot line a distance equal to the minimum side yard required in the district in
which located.
On all other lots, accessory buildings shall be set back at least three (3) feet from all
interior lot lines, and overhangs shali be set back at least one-third (1/31 the distance of
the setback of the eara�e wall or one (11 foot. whichever is areater
-'-�'_ ---
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Explanation:
To make the zoning code consistent with the building code, the amendment allows for an
overhang if the setback for the accessory building is modified from 3 feet to something
less.
9. Revise swimming pool fence requirements to conform to State regulations.
Proposed amendment:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot tubs are
permitted as an accessory use within the reaz yazd or nonrequired side yazd; except that, for
multiple family developments, the planning commission may determine the location of the
pool or tub. Private outdoor pools and hot tubs shall meet the following requirements as
applicable:
(5) All yards of one and two familv structures containing swimming pools shall be
enclosed by an obscuring fence not less than four (4) feet in height. All vards of
residential structures of three or more units and commercial stnxctures containine
swimmin�nools shall be enclosed bv an obscuring fence not less than five (5) feet
in heieht. The gates shall be of a self-closing and self-latching type, with the latch
on the inside of the gate, not readily available for children to open. Gates shall be
capable of being securely locked when the pool is not in use.
Explanation:
This amendment would make the code consistent with new State Health Department
regulations.
q,q -?S a
10. Move fence requirements related to corner clearance to the building code with all the
other fence requirements.
Proposed amendment:
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Sec. 33.07. Fences--Requirements.
(a) Permit. No person shall construct, or cause to be constructed, any fence in the City of
Saint Paul without first obtaining a permit therefor from the building official.
(b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
above the sidewalk or finished grade of any lot in a residence district or on any lot occupied
for residential purposes. Fences and all supporting structures shall be completely within the
boundaries of such lot. All fences erected between the front property line and the front
setback line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more
than three feet six inches (3'6") in height. Fences not obstructing vision to an extent in
excess of twenty (20) percent above a height of three feet six inches (3'6") shall be exempt
from the restrictions herein.
. . No fence, wall, shrubberv,
sign or other obstruction to vision above a heieht of two (21 feet from the avera�e grade of
the �roperiv shall be permitted within the triangulaz area formed at the intersection of any
street right-of-wav lines bv a straight line drawn between said right-of-wav lines at a distance
alone each line equal to the minimum setback lines form theirpoint of intersection.
(c) Yariances. A variance of the fence height regulations may be granted if, after
investigation by the building official, it is found that site or terrain conditions warrant a
waiver of the height restrictions. An application fee of twenty-five dollars ($25.00) is
required for each variance request.
(d) Swimming pool fences. All yards of one and two familv shuctures containing swimming
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All vards
of residential structures of three or more units and commercial shuctures containinQ
swimmin¢ nools shall be enclosed bv an obscurine fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily auailable for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
0
aq-�so
Explanation:
This provision regulates fence construction on corners. Most other fence requirements are
in Section 33.07 of the building code. The fence provisions in 33.07 may be varied by the
building official ancl requires a$25 appZication fee. The corner clearance requirement
cannot be waived by the building official, only by the Board of Zoning Appeals, and the fee
is $180 for a single family applicant. This amendment would create one process for fence
variances.
The amendment to Sec. 33.07(d) would make the building code consistent with the zoning
code as amended above.
11. Clarify the definition of "use" related to the establishment of nonconforming uses.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(i) Nonconforming use permits. The planning commission may approve, modify and
approve or deny nonconfornung use permits. To ensure the public welfare is served, the
commission may attach conditions to the pemuts including, but not limited to, conditions
concerning appearance, signs, off-street parking or loading, lighting, or performance
characterisrics, such as noise, vibration, glare, dust, or smoke.
The planning commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by
attaching an expiration date to the permit if the commission makes the following
findings: (1) termination of the nonconforming use or the continued vacancy of the
building in which the nonconforming use was located would cause significant hardship;
(2) permitting the nonconforming use for a period of time will facilitate the iransition to a
conforming use; and (3) pernritting the nonconforming use far a period of time is
consistent with the public health, safety, comfort, morals, and welfare. The period of time
for which the permit is valid shall be determined in each case by the commission and
shall be based on the extent of the hardship.
The plaluiing commission shall hear and decide nonconfornung use permits in
accordance with the procedures and requirements of section 64.300. The planning
commission may consider the following nonconfornung use permits:
(1) Establishment of legal nonconforming use status. The planning commission may
grant legal nonconforming status to the use of structures which fail to meet the
standards of section 62102(b) if the commission makes the following findings:
c. The use or use of similaz intensit�permitted in the same clause of the
zoning code or in a more restrictive zonine district has been in existence
continuously for a period of at least ten (10) years prior to the date of the
application.
c�q-2so
Explanation:
Recent cases have s an ambiguity in the current code when Zegal nonconforming
status is being established for a commercial use. The question arose as to whether for
non-conforming status to be established—exactly the same use had to have been in
operation for ten years or whether a history of closely similar uses wouZd satisfy the
requirements of the code.
Staff is recommending that occupancy by uses Zisted in the same clause in the zoning code
or in more restrictive zoning districts shall count toward the required ten years of
existence for the purpose of establishing non-conforming status. Among our reasons for
making such a recommendation is that Sec. 62.102(f} (2) provides that a"nonconforming
use rraay be changed to a use permitted in the district in which i1 is located or to a new
nonconforming use if the new nonconforming use is also listed in the same clause of
the code as the nonconforming use. "(Emphasis added)
12. Clarify that cellular telephone antennas are permitted uses in the I-1 district.
Proposed amendment:
Sec. 60.614. Principal uses subject to special conditions (I-1 Industrial District)
The following additional uses sha11 be pernutted subject to the conditions hereinafter
imposed for each use and subject to the standards specified for a11 special condition uses as
set forth in section 64300(d). All principal uses permitted subject to special conditions shall
be reviewed and approved by the planning commission.
(1) All commercial and public radio and television transmitting antennas, and public
utility microwave antennas subject to the following
conditions:
a. The antennas, transmitting towers or array of towers shall be located on a
continuous pazcel hauing a dimension equal to the height of the antenna,
transmitting tower or array of towers measured between the base of the antenna
ar tower located neazest to a property line, unless a qualified structural engineer
sha11 specify in writing that the collapse of any antenna or tower will occur
within a lesser distance under all foreseeable circumstances.
b. The proposed installation shall meet all requirements as outlined under section
62.108, site plan review.
Explanation:
YVhen amendments were made to Sec. 60.612 in 1997 that regulated cellular telephone
antennas as permitted uses in the I-1 district, this phrase that regulates them as special
condition uses was not deleted.
�q -� so
13. Specify that home occupations must be related to the principal residence of one or
more persons involved in the business.
Proposed amendment:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7)Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
�The dwellin� unit shall be the principal residence of one or more persons idenrified
under pazaeraDh d.
Explanation.•
A recent court case demonstrated the importance ofspec�ing that a home occupation must
be related to the principal residence of one or more persons conducting the business.
Simply saying that the occupation shall be conducted by one or more of the people who
"reside " in the dwelling unit may be interpreted as allowing a home occupation where the
people involved may spend the night at the dwelling unit occasionally—or may only store
some clothing there.
14. Update the boundaries of the Capitol Area Architectural and Planning Board's
jurisdiction on the official zoning map.
For information. The boundaries of the Capitol Area Architectural and Planning Board are
established and revised by State Zaw. One or more such revisions have been adopted by the
Legislature and should be reflected on the City's zoning map. No action is required by the
Planning Commission or City Council.
15. Establish and clarify various height, setback and lot coverage provisions related to
porches and decks.
Proposed amendments:
Sec. 63106. Porches and decks.
(al An open, n� uncovered porch or deck
serving the principal structure shall be subject to setback and lot covera�e requirements for
the princinal structure with the followine exceptions:
(1) The roorch or deck may project into a re uired front or rear yard for a distance not
exceeding ten (10) feet, providin� the walkin¢ surface of the porch or deck is not
hi�her than thirt�301 inches above the adj acent erade in the front vard and not higher
than eight (81 feet above the adjacent erade in the rear vazd, but this shall not be
interpreted to include or permit fixed canopies. These permitted proiections shall be
excluded from lot coveraee calculations.
(21 The uorch or deck shall be no closer than six (6) feet to a detached accessory building,
unless the vorch or deck is not higher than two (2) feet above the adjacent erade
�
qq-�so
(bl The walking surface of an onen uncovered porch or deck servin¢ a detached accessory
buildine oniv shall not exceed two (2) feet in hei¢ht above the adjacent erade or shall be
considered part of the accessorv building and must meet all setback and lot covera�e
requirements for the accessory buildine.
(c) An uncovered orch, deck or patio not exceedine two (21 feet in heieht is considered
landsca�g and is not subject to setback or lot covera� uirements.
Sec. 63.107. Projecfions into yards.
(a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details
and bay windows may project into a required yard sixteen (16) inches plus two (2) inches
for each foot of width of the required side yard.
. :. .� : .� : • : . : . . : : . ..
•.. � � .: :. . :.
(b e) Ramps for the handicapped are exempted and may project into required yazds.
O�) Chimneys and fireplaces may project one (1) foot into a required yazd.
(d e) Attached vestibules, covered entrances and greenhouses
s�are€eet-in�xex may project up to twentv (201 square feet into a required front or rear yard
and shall be included as part of the principal structure for lot covera�e �ur �i oses.
(e � Air conditioning condensers may be permitted in required side and rear yazds and
nonrequired front yards.
Explanation:
The requirement suggested in Section 63.106(a)(1) would allow a deck to project 10' in the
front yard if not higher than 30" above grade. If higher than 30" a guard rail is required
under the building code. Therefore, using the same height for both standards makes it
easier for the building inspectors to remember when on a job site. This is a change from
allowing a deck on the ground floor because determining what the groundfloor is has been
problematic in the past, particularly for split levels and walkouts.
We are also proposing that a deck be allowed up to 8' in height in the fzrst 10' ofa required
rear yard (it would still need to maintain the required side setback). This would allow, for
instance.• a deck to project fi-om the back door just above grade out over a downward
sloping rear yard, a deck to project off a half story with Zook-out (egress) windows
underneath or a deck from the back door to go around an above-ground swimming pool.
There have been a few variance requests for these situations and they haven't seemed to
cause a problem, so it makes sense to simplify things by changing the code.
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The code is currently mute on whether such porches or decks shouZd be included in lot
coverage. The proposed Zanguage specifies that they would not If the porch or deck is
higher than 8' above grade (i.e. a balcony) or projects more than 10' into the required rear
yard, it would not only have to meet setbacks, but lot coverage as well.
Since a detached garage cannot be closer than 6' to the principal structure, it seems
appropriate that the same distance be required for a deck above 2' in height.
There have been instances where decks are added onto garages only; they are not connected
to the principal structure. The suggestion in paragraph (b) is that they would need to
maintain all setbacks and lot coverage requirements for accessory structures if the porch
or deck is higher than 2' above grade.
We think a maximum of hvo foot high decks have not been a problem and should be treated
like landscaping and permitted in all yard spaces.
Section 63.107 removes the portion about steps in side yards because it would be covered
under 63.106(c). Although this section may have been intended to allow side entryways, it
is more commonly used to add a deckfrom a side door around to the rear yard. The result
is that decks can be 1'from a properry line (often delineated by a fence in this circumstance)
for a single family dwelling in an R-4 district. The 1'setback seems to be unusable, and
sometimes not well maintained space. Again, this has resulterl in several variance requests
which are almostperfunctory.
The new paragr�aph (d) proposes an additional fi�ont projection. Uncovered ent�yways are
currently permitted to project 10' into a required fi•ont yard. Putting a roof over the stair
landing is not currently allowed but enclosing the landing, in the form ofa vestibule, is. The
few variance requests received for roofed entr�ies have been approved without question.
16. Clarify that human service licensed community residential facilities for sixteen or
fewer residents are permitted uses (subject to distance requiremenYs) as part of mixed
residential and commercial structures beginning in the OS-1 zoning district.
Proposed amendments:
Secfion 60.512. Principal uses permitted (OS-1 Zoning District)
(7) Mixed residential and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes_, or
human service-licensed facilities for sixteen 16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twentv (1320, radial
feet from another similar facilitv.
Section 60.514. Principal uses permitted subject to special conditions (OS-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
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• •�• i n .w •� • • n . u � n v � •
IlR�1��l�1Or111�1��1�1��IH��G01�1�1�9129�1R�1�t�1R�eR�I�����tt111�1�%I�AIIR�I�I�r ��Rl�l��t�•
Section 60.522. Principal uses permitted (B-1 Zoning District)
(8) NliYed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev aze at least one thousand three hundred twentv (13201 radial
feet from another similar facilitv.
Section 60.524 Principal uses permitted subject to special conditions. (B-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
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Explanation:
Prior to 1993, human service licensed community residential facilities were permitted as
special condition uses as part of mixed residential and office%ommercial uses—as were
residential uses for persons without disabilities. In 1993 when mixed residential and
office%ommercial uses become permitted uses in OS-1 and B-1 zones, the language in the
code was rreodifzed to reflect this change. Tlze resulting Zanguage in the code is unclear.
The amendment seeks to clear up any questions or confusion and ensure that the code is
consistent with State and Federal law prohibiting discrimination against persons with
disabilities.
I7. Amend the provisions of the I-3 Industrial Zoning District to allow, as special condition uses,
principal uses permitted and uses permitted subject to special conditious and as regulated in
the I-2 District, provided that the proposed use is part of certain types of redevelopment
projects or in accordance with specific city-approved plans.
Proposed amendment:
Subdivision 3. 60.630. I-3 Industrial District.
Sec. 60.631. Intent.
The I-3 Industrial District is intended to provide sites for the development of extensive uses
which are or can be objectionable or hazazdous unless surrounded by other types of
industrial districts.
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as
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set forth in section 64300fe)�. All principal uses permitted subject to special conditions
shall be reviewed and approved by the planning commission.
(1) Crushing ofrock, asphalt or concrete, subj ect to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
(31 All principal uses first pernutted and uses first permitted subjectto special conditions
and as regulated in the I-1 and I-2 Districts, provided that the pronosed use is part of
a redevelo�ment �roject �ronosed bv a�ublic a¢encv as the a�nlicant ar done in
accordance with a specific planpertainin t�o the proroosed use. which s�ecific planhas
been approved bv the citv.
Explanation:
Unlike most other zoning districts in the city where the zoning is cumulative within a land
use type (i. e. uses permitted in the B-1 are also permitted in the B-2 and B-3), only five very
specific uses are allowed in the I-3 District.• petroleum and gasoline tanks, tanning and
rendering plants, cellular telephone antennas, rock crushing and the incineration of
infectious wastes. As demand for land for those uses has diminished, there is interest in
allowing other less intensive industrial uses in the three I-3 zoned areas in the city. (Map
attached)
The proposed amendment would allow uses first permitted in the I-1 and I-2 districts in the
I-3 district as special condition uses provided that they:
1. Are part of a redevelopment project proposed by a public agency as the applicant, OR
2. Are done in accordance with a specific city-approved plan pertaining to the proposed
use.
As special condition uses, they also would be required to meet the general conditions
outlined in Sec. 64.300(d) of the zoning code.
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Presented B;
SuRS���uT� -
orainan�e #
Green Sheet # � / V �✓�
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Council File # 9q - 5 �
PfIAIf.SI�Fl1
SEP 21199�
Section 1
Paragraphs d., g. and j. of Secrion 60.412(7) of the Saint Paul Legislative Code are hereby
amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
d. All home occupation activities in dweiling units of less than four thousand (4,000)
square feet of total living area, excluding a cellar and attic, sha11 be conducted by no
more than two (2) persons, for one of whom the dwellinu unit sha11
� be the principal residence. All home occupation activi6es in dwelling
units of four thousand (4,000) or more square feet of total living area, excluding a cellar
and attic, shall be conducted by no more than three (3) persons, for one of whom the
dwellin¢ unit shall ' be the p71T1C1 residence.
g. There shall be no exterior storage of equipment, ar supplies or commercial vehicles
associated with the home occupation, nor parking of more than one business caz, pickup
truck or small van, nor any additional vehicles except those for pernutted employees
identified under pazagraph d.
Refened To
f�• . �, �qR�
An ordinauce amending Chapters 33, 60, 62, 63, and 66
of the Saint Paul Legislative Code pertaining to Zoning.
J•
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ORDINANCE
CITY OF SAINT PAUL, MINNESOTA „„
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Section 2
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Secrions 60.512('�b. and 60.514(3) of the 5aint Paul Legislative Code relating to the OS-1
Office Service District are hereby amended to read as follows:
Sec. 60.512. Principal uses permitted.
(7) Mixed residenfial and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twenty (1,3201 radial feet
from another sunilar facilitv.
Sec. 60.514. Principal uses permitted subject to special conditions.
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Section 3
Sections 60.522(8)b. and 60.524(3) of the Saint Paul Legislative Code relating to the B-1
Local Business District are hereby amended to read as follows:
Sec. 60.522. Principal uses permitted.
(8) Mixed residenrial and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes, or
human service-licensed facilities for sixteen (161 or fewer facility residents subject to
the condition that thev are at least one thousand three hundred rivent�(1320� radial feet
from another similar facilitv.
Sec. 60.524 Principal uses permitted subject to special conditions.
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Section 4
R9-?��
Section 60.573(1)c. of the Saint Paul Legislative Code relating to the B-2C Community
Business (Converted) District is hereby amended to read as follows:
6 Sec. 60.573. Required conditions.
8 The following conditions shall be required of all uses in the B-2C Community Business
9 (Converted) District:
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(1) When existing buildings are converted from residential to business use, when e�sting
buildings aze enlazged, and when new buildings aze erected, off-street pazking shall be
provided as follows:
c. Off-street pazking spaces shall not be located within a front yard and nraq-�e-�ae•ated
wiEkut must be set back at least two (2) feet a€ from a side lot line.
Section 5
Section 60.614(4) of the Saint Paul Legislative Code relafing to the I-1 Industrial District is
hereby amended to read as follows:
Sec. 60.614. Principal uses permitted subject to special conditions.
The following additional uses sha11 be permitted subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as set
forth in section 64300(d). All principal uses pernutted subject to special conditions shall be
reviewed and approved by the planning commission.
(4) All commercial and public radio and television transmitting antennas, and public utility
microwave antennas subject to the following conditions:
a. The antennas, transmitting towers or array of towers shall be located on a continuous
pazcel having a dimension equal to the height of the antenna, transmitting tower or array
of towers measured between the base of the antenna or tower located nearest to a
property line, ,unless a qualified structural engineer shall specify in writing that the
collapse of any antenna or tower will occur within a lesser distance under all foreseeable
circumstances.
b. The proposed installafion sha11 meet a11 requirements as outlined under section 62.108,
site plan review.
Section 6
Section 60.634 ofthe Saint Paul Legislative Code relating to the I-3 Industrial District is
hereby amended to read as follows:
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for a11 special condition uses as set
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forth in section 64.300 f ej�d,2. All principal uses pernutted subject to special conditions shall be ��— ���
reviewed and approved by the planning commission.
(1) Crushing of rock, asphalt or concrete, subject to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
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� All piiIlC�al uses first permitted and uses first pernutted sub'ect t to special conditions and
as re¢ulated in the I-1 and I-2 Districts. provided that the proroosed use is part of a
redevelonment �roject proposed by a public agencv as the applicant or done in accordance
with a specific �lan pertaivin t�the proposed use, which skecific plan has been approved
by the citv.
Section 7
Sections 62.102(e)(3) and 62.102(i)(1)c. of the Saint Paul Legislative Code aze hereby
amended to read as follows:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures,
and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses aze subject to the following provisions:
(3) When a nonconforming structure is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformin�accessory shucture, however, mau be rebuilt on an
e�sting foundation or slab within one vear of its destruction provided that it is within
the masimum height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
36 (i) Nonconforming use permits. The planning commission may approve, modify and approve
37 or deny nonconforming use permits. To ensure the public welfare is served, the commission
38 may attach conditions to the permits including, but not limited to, conditions concerning
39 appearance, signs, off-street pazking or loading, lighting, or performance characteristics,
40 such as noise, vibration, glare, dust, or smoke.
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The pla.uving commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by attaching
an expiration date to the permit if the commission makes the following findings: (1)
ternunation of the nonconforming use or the continued vacancy of the building in which the
nonconforming use was located would cause significant hazdship; (2) permitting the
nonconforming use for a period of time will facilitate the transition to a confonning use;
and (3) permitting the nonconforming use for a period of tnne is consistent with the public
health, safety, comfort, morals, and welfaze. The period of tune for which the pernut is
valid sl�all be determined in each case by the commission and sha11 be based on the extent
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of the hardship.
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2 The plauning commission shall heaz and decide nonconfonniug use pernuts in accordance
3 with the procedures and requirements of section 64300. The planuing commission may
4 consider the following nonconforming use permits:
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(1) Establishment of legal nonconfomvng use status. The plauning commission may grant
legal nonconformiug status to the use of structures which fail to meet the standards of
section 62.102(b) if the commission makes the following findings:
c. The use or use of similaz intensity_permitted in the same clause of the zoning code
or in a more reshictive zoniu�district has been in e�stence continuously for a
period of at least ten (10) years prior to the date of the application.
Section 8
Section 62.103(g) of the Saint Paul Legislarive Code is hereby amended by adding the
following new parking requirements under INSTITUTIONAL and COMMERCIAL/SERVICE::
Sec. 62.103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street parking spaces by type of use shall be determined in accardance with the following
schedule:
INSTITUTIONAL
Multi-use communitvi centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 s ace �er 250 sc�ft. GFA
2 s an ces per auto service stall
Section 9
Section 62.106(2) of the Saint Paul Legislarive Code is hereby amended by adding new
language to the fourth paragraph thereof to read as follows:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, shall be subject to the
following regulations:
(2) Accessory buildings, structures or uses shall not be erected in or established in a required
yard except a reaz yard.
On corner lots, accessory buildings, stnzctures or uses shall be set back from the street a
distance equal to that required of the principal structure.
46 When an accessory building, structure or use is conshucted in a reaz yazd which adjoins a
47 side yazd or front yard, the accessory building, structure or use shall be set back from the
48 interior lot line a distance equal to the minimum side yard required in the dishict in which
49 located.
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On all other lots, accessory buildings shall be set back at least three (3) feet from all interior
lot lines, and overhangs shall be set back at least one-third (1/3Zthe distance of the setback
of the gazaee wall or one (11 foot, whichever is ereater
�ines.
Section 10
Section 62.112 of the Saint Paul Legislative Code is hereby repealed. Section 33.07(b) of
the Saint Paul Legislafive Code is hereby amended to read as follows:
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19 Sec. 33.07. Fences--Requirements.
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21 (b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
22 above the sidewalk or finished grade of any lot in a residence district or on any lot occupied for
23 residential purposes. Fences and all supporting structures sha11 be completely within the
24 boundaries of such lot. All fences erected between the front properry line and the front setback
25 line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more than three
26 feet six inches (3'6") in height. Fences not obstructing vision to an extent in excess of twenty
27 (20) percent above a height of three feet six inches (3'6") shall be exempt from the restrictions
28 herein. .
29 . No fence, wall, shrubbery, si�n or other obstruction to vision
30 above a height of two (21 feet from the averaee erade of the pro e�rt�hall be Uermitted within
31 the triangular azea formed at the intersection of anv street right-of-wav lines b�trai ng t line
32 drawn between said right-of-wav lines at a distance alon� each line equal to the minimum
33 setback lines from their ooint of intersecfion.
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Section I1
Sections 62114(5) and 33.07(d) of the Saint Paul Legislative Code are hereby amended to
read as follows:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot rixbs aze permitted
as an accessory use within the reaz yard or nonrequired side yazd; except that, for multiple
family developments, the plamiiug commission may determine the location of the pool or tub.
Private outdoor pools and hot tubs shall meet the following requirements as applicable:
(5) All yards of one and rivo famil�structures cont�.iniug swiminiiig pools shall be enclosed by
an obscuring fence not less than four (4) feet in height. All vards of residential structures of
three or more units and commercial structures containing swiimnin�pools shall be enclosed
bv an obscuring fence not less than fiveS51 feet in hei,� The gates shall be of a self-
closing and self-latching type, with the latch on the inside of the gate, not readily available
for children to open. Gates shall be capable of being securely locked when the pool is not in
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use.
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Sec. 33.07. Fences--Requirements.
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(d) Swimming poal fences. All yazds of one and two familv shuctures containing swinuniug
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All ,��azds
of residential structures of three or more units and commercial structures containine
swimmin�pools shall be enclosed by an obscuring fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily available for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
Section 12
Secrions 63.106 and 63.107 of the Saint Paul Legislarive Code aze hereby amended to read
as follows:
Sec. 63.106. Porches and decks.
� An open, nnet�e�esed-arc� uncovered porch or deck serving
the principal structure shall be subject to setback and lot coverage requirements for the rincipal
structure with the followin¢ exceptions:
(1) The porch or deck may project into a required front or rear yard for a distance not
exceeding ten (10) feet, nrovidine the walkine surface of the porch or deck is not higher
than thirtyS301 inches above the adjacent grade in the front yard and not higher than ei�ht
� feet above the adjacent grade in the rear �ard, but this shall not be interpreted to
include or permit fixed canopies. These permitted proj ections shall be excluded from lot
coverage calculations.
L) The porch or deck shall be no closer than six Ll feet to a detached accessor�buildin¢.
unless the porch or deck is not hi�her than two (21 feet above the adjacent r�ade.
26 1bl Thewalkinesurfaceofanopen,uncoveredparchordeckservingadetachedaccessorybuildin�
27 onlv shall not exceed two (2) feet in hei�ht above the adjacent �rade or shall be considered part of
28 the accessorYbuildi� and must meet all setback and lot coverage requirements for the accessorv
29 buildine.
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(c) An uncovered porch, deck or oatio not exceedine two (2) feet in heieht is considered
landscapin� and is not subject to setback or lot coverage requirements.
Sec. 63.107. Projections into yards.
34 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details and bay
35 windows may project into a required yard si�een (16) inches plus two (2) inches for each foot of
36 width of the required side yazd.
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(b e) Ramps for the handicapped aze exempted and may project into required yards.
� c�) Chimneys and fireplaces may project one (1) foot into a required yard.
(d e) Attached vestibules, covered entrances and greenhouses
irru� may project � to rivent�(201 square feet into a required front or reaz yard and sha11 be
inciuded as roart of the principal structure for lot covera�e nuruoses.
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1 (e � Air condifioning condensers may be pernutted in required side and reaz yards and nonrequired
2 frontyazds. ��,���
3 Section 13
4 The definition of "Lot frontage" in Section 66.114. L. of the Saint Paul Legislative Code is
5 hereby amended to read as follows:
6 Section 66.114. L.
7 Lot frontage. The width of a lot measured along the line separating the lot from any street,
8 as defined in Chapter 60. For a lot having frontage on more than one street, the lot frontage for
9 the puruoses of this chapter mav be deternrined b�� the frontage having the least width
10 plus one-half of the addi6onal lineal feet of lot frontage
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Section 14
Section 66.204(a)(2) of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Ident�cation Signs
17 (2) For multiple-family structures on pazcels 25.000 square feet or smaller, one identification
18 sign for each street frontage is allowed.
19 No sign shall exceed six �61 sauare feet in size. For multiple-family structures on parcels
20 larter than 25,000 square feet, one armere or two idenfification si�n�l £er on each street
21 frontage is/are allowed. -
22 �� The total amount of si�nage on each fronta¢e sha11 not exceed twen -t�ur
23 (24Lquare feet in size.
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Section 15
Sections 66.2161 and 66.2163 of the Saint Paul Legislative Code relating to special dishict si�
plans are hereby amended to read as follows:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
29 The Grand Avenue Special District Sign Plan, created as provided in secfion 66.216 above,
30 applies to the azea defined by Oakland Avenue on the east, Cretin Avenue on the west and the
31 para11e1 alleys north and south of Grand Avenue. The zoning administratar sha11 enforce the
32 provisions of the Grand Avenue Special District Sign Plan as a supplement to the zoning code.
33 Whenever a pernut for a sign within the Grand Avenue Special Sign District is required under
34 the provisions of this chapter, such pernut sha11 not be issued unless the plans for the sign have
35 been approved by the plamm�g zonin administrator as in conformance with the Grand Avenue
36 Special District Sign Plan. Building pernut applications for signs in the Grand Avenue Special
37 Sign District shall be submitted to the planrring zoninQ adininistrator for review and approval.
38
39 Sec. 66.2163. Highland Village Special District Sign Plan.
40 The Highland Village Special Sign Dishict Plan, created as provided in section 66.216,
41 pursuant to city council resolution C.F. No. 86-1451, applies to the area as defined by said
42 council resolution. The provisions of this plan aze supplementary to those of this chapter and
43 the most restrictive provision sha11 apply. Within the Highland Village Special Dishict Sign
�3��
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P1IRPICN�n
�EP 21'99�
Requested by Department of:
By:
Plan, signs shall be subject to the provisions as contained and set forth in City Council ��-7�
Resolution C.F. No. 86-1451. The zoning admiuistrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit sl�all not be issued unless the plans for the sign have
been approved by the p}�iag wnine admiuistrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applicarions for signs in the Highland
Village Special Sign District shall be submitted to the p'raaaing zOning administrator for review
and approval.
Section 16
This ordinance shall take effect and be in farce fliirty days from and after its passage, approval
and publication.
Adopted by Council: Date ����
Adoption Certified by Council Secretary
BY: --� �. _ �,�+�..,_�
Approved � t yox: Da 9 q q9
By: O �� - � �/
Form Appxoved by City Attorney
it�i � ..l 1 %��le " •
: � �
Approved by Mayor for Submission to Council
Byc
�
aq •�sa
PED/Planning Commission
ACT PEF2SON 8 PHONE
BE ON COUNCIL AGENDA BY (OATEj
OATE INIMTED
Suly �4 1949 � GREEN SHEET
i�
TOTAL # OF SIGNATURE PAGES �_
No 09833
� tlrvATTORIEY ❑ LrtYCLFNI(
❑ A111HMLSERVII:F9pR ❑ AIFIICJi1.IIER1�/�/ACRG
❑4 wwR ���� � Tom Harrex
(CLJP ALL LOCATIONS FOR SIGNATURE)
Approval of text amendments related to zoning,
PLANNING CAMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
When,
Has this perwMrtn everwoAcetl under a contract fathis departmeM?
YES NO
Has this person/firm evef been a cily empbYee9
YES NO
Does this peisoNfinn possess a sltlll not nwmallypossessed by any curteM city employee7
YES NO
Is this perwn/firtn a targetetl vendor')
VES NO
Nain all ves answers on seoarate sheet anE attach to green sheet
On a periodic basis, the Planning Commission proposes amendments to the Zoning Code that
reflect recent administrative rulings, court decisions, ox determinations made by the
Commission, Board of Zoning Appeals or City Council--or clarify issues identified by
recent applications. In the judgement of the Commission, these proposed amendments do not
require extensive study--although they do receive extensive public review.
TAGESIFAPPROVED
�'' �
Ambiguities in the zoning code related to new types of uses are clari�ied; applicants
do not have to apply for routine variances or moditications; enfo errt��e� s are more
defensible. �� "'-""�� �`�
a� �'�,: � � a `,�
None
Additional staff time is spent on unwieldy regulations, applicants
"red tape." ,
AMOUNT OF TRANSAC710N
GOSTrttEVENUE
ACTNITY �
INFOkMAT10N (IXPWt�
ORIGINAl.
Council File # l l�� 5�
Ordinance #
Green Sheet # .� qS3 3
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Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Committee :
An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul Leg' ative Code pertaining to
Zoning.
The Council of the City of Saint Paul does ordain:
Section 1
That Sec. 60.412. Principal uses permitted (RLL through R-4 di ricts). of the Saint Paul Legislative
Code shall be amended to read as follows:
Sec. 60.412. Principal uses permitted (RLL througL R-4 stricts).
(7) Home occupations which are compatible with other sidential uses and which maintain and preserve
the character of residential neighbarhoods subject o the following requirements:
g. There shall be no exterior storage of equipm t, ar supplies or commercial vehicles associated with
the home occupation, nor parking of mare an one business caz, pickup tnxck or sma11 van, nor any
additional vehicles except those for pe tted employees identified under pazagraph d.
1
Section 2
That Sec. 60.512. Principal uses per ' ted. and Sec. 60.514. Principal uses permitted subject to special
conditions. of the Saint Paul Legisla ' e Code related to the OS-1 Office Service District sha11 be amended to
read as follows:
Sec. 60.512. Principal uses pe itted.
(7) Mixed residential and o ice uses subject to the following conditions:
b. Residential uses m be occupied by foster homes, �r freestanding foster homes, or human service-
Sec. 60.514. Princip. uses permitted subject to special conditions.
(3) " `' Hospices serving sixteen (16) or fewer facility residents. ��m�sa
40
41
42
43
44
45
46
47
48
49
50
Section 3
�q -�t so
That Sec. 60.522. Principal uses permitted. and Sec. 60.524. Principal uses permitted subject to
conditions. of the Saint Paul Legislative Code related to the B-1 Local Business District shall be az
read as follows:
Sec. 60.522. Principal nses permitted.
(8) Mixed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster
51 Sec. 60.524 Principal uses permitted subject to speciai conditions.
52 (3) Aospices serving sixteen (16) or fewer facility residents. �7cep7
53
54 �- — �_ �, .,,.. --':-' �—� ° --- --° — '--- ---'- '' ---'
55
56
Section 4
57 That Sec. 60.573. Required conditions. of the Saint Paul Legislati
58 Business (Converted) District shall be amended to read as follows:
59 /
60 Sec. 60.573. Required conditions.
61 The following conditions shall be required of all uses in
62
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DisTrict:
to
related to the B-2C Community
Community Business (Converted)
(1) When e�sting buildings are converted from reside tial to business use, when existing buildings are
enlarged, and when new buildings are erected, o-street parking shall be provided as follows:
c. Off-street parking spaces shall not be locate within a front yard and � must be
set back at least two (2) feet a€ from a sid ot line.
Secrion 5
That Sec. 60.614. Principal uses permitted bject to special conditions. of the Saint Paul Legislative Code
related to the I-1 Industrial District shall be ended to read as follows:
5ec. 60.614. Principal uses permitted ubject to special conditions.
The following additional uses sha11 e permitted subject to the conditions hereinafter imposed for each use
and subject to the standards specifi for all special condition uses as set forth in section 64300(d). All
principal uses permitted subject t special conditions sha11 be reviewed and approved by the planning
commission.
(1) All commercial and pu ic radio and television transmitting antennas, and public utility microwave and
ecHui�erie ant as subject to the following conditions:
a. The antennas, tr smitting towers or azray of towers shall be located on a continuous parcel having a
dimension eq to the height of the antenna, transmitting tower or array of towers measured
between the b e of the antenna or tower located nearest to a property line, unless a qualified
structural e ineer shall specify in writing that the collapse of any antenna or tower will occur within
a lesser di ce under a11 fareseeable circumstances.
b. The pr�posed installation shall meet a11 requirements as outlined under section 62.108, site plan
qq-1so
92 Section 6
93 That Sec. 60.634. Principal uses permitted subject to special condifions. of the Saint Paul Legislative Code
94 related to the I-3 Industrial District shall be amended to read as follows:
95
96
97
98
99
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101
102
103
104
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Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter unposed for eac t
and subject to the standazds specified fox all special condition uses as set forth in section 64300(ej d. Ali
principal uses pemutted subject to special conditions shall be reviewed and approved by the pl ' g
commission.
(1) Crushing of rock, asphalt or concrete, sub}ect to the conditions for uses which
manufacture outside a completely enclosed building [as set out in] section 60.i
(2) The incineration of infectious wastes subject to the conditions as set out in
c.
�
Section 7
ocess or
b. and c.
60.624(19) a., b. and
114 That Sec. 62.102. Nonconforming lots, nonconforming uses o and, nonconforming structures, and
115 nonconforming uses of structures and land. of the Saint Pa Legislative Code sha11 be amended to read as
116 follows:
117
118 Sec. 62.102. Nonconforming lots, nonconforming us of land, nonconforming structures, and
119 nonconforming uses of structures and land.
120 (e) Nonconforming structures with conforming ses. Nonconforming structures with conforming uses are
121 subject to the following provisions:
122 (3) When a nonconforming structure ' destroyed by any means to an extent of more than sixry (60)
123 percent of its replacement cost, clusive of the foundation, at the tune of destruction, it shall not
124 be reconstructed except in co rmity with the provisions of this code. A nonconformine
125 accesso structure howeve ma be rebuilt on an existin foundation or slab within one ear of
126 its destruction nrovided th it is within the maximnm hPiuht anrl cize limitc fnr an arrrecnrv
127
128
i29
130
131
132
133
(i) Nonconforming use permit . The planning commission may approve, modify and approve or deny
nonconforxning use pe 'ts. To ensure the public welfare is served, the commission may attach
conditions to the pe ' s including, but not limited to, conditions conceining appearance, signs, off-
street parking ar loa ng, lighting, ar performance characteristics, such as noise, vibration, glare, dust, or
smoke.
134 The plauuing co �ssion in approving nonconforming use permits may allow a nonconforming use for
135 a specified pe �od of time and then require its removal by attaclung an expiration date to the pernut if
136 the commis �on makes the following findings: (1) termination of the nonconforming use or the
137 continued acancy of the building in which the nonconforming use was located would cause significant
138 hardshi ,(2) pernutting the nonconforming use for a period of time will facilitate the transition to a
139 confo �ng use; and (3) permitting the nonconforming use for a period of time is consistent with the
140 public health, safety, comfort, morals, and welfare. The period of time far which the pernut is valid shall
141 be determined in each case by the commission and shall be based on the extent of the hardship.
142
qq-�so
143 The planning commission shall hear and decide nonconforxning use permits in accordance with the
144 procedures and requirements of section 64.300. The planning commission may consider the following
145 nonconforming use permits: �
146 (1) Establishment of legal nonconforming use status. The planning commission may grant legal
147 nonconforniiug status to the use of structures which fail to meet the standards of section 62.1
148 if the commission makes the following findings:
149 c. The use or use of similaz intensitv permitted in the same clause of the zonine code or i�
150 reshictive zoning district has been in existence continuously for a period of at least t(10)
151 yeazs prior to the date of the application.
152
153 Section 8
154 That Sec. 62.103. Parking requirements. of the Saint Paul Legislative Code shall be am ded to add the
155 following provisions:
156
157 Sec. 62.103. Parking requirements.
158 (g) Parking requirements by use. Except as provided in section 60.573, the
159 parking spaces by type of use shall be determined in accordance with the fr
160
161 INSTITUTIONAL
162 Mu1ti-use communitvi centers 1 s ace er 250 s. ft. GF
163
164 COMMERCIAL/SERVICE
165 Auto repair accessorv to auto sales
166
167
Section 9
n number of off-street
schedule:
168 That Sec. 62.106. Accessory buildings. of the Saint Paul
169 follows: /
170 � 171 Sec. 62.106. Accessory buildings. �
172 Accessory buildings, except as othenvise p
173 (2) Accessory buildings, structures or uses
174 rear yard.
175 On corner lots, accessory buildings, s
176 to that required of the principal s tw
177 When an accessory building,
178 front yard, the accessory bui]
179 equal to the xninimum side y�
180
181
182
183
184
Code shall be amended to read as
�d an this code, shall be subject to the following regulations:
not be erected in or established in a required yard except a
or uses shall be set back from the street a distance equal
ure or use is constructed in a rear yard which adjoins a side yud or
structure or use shall be set back from the interior lot line a distance
required in the district in which located.
On all other lots, accesso buildings shall be set back at least three (3) feet from all interior lot lines,
and overhangs shall be t back at least one-third (1/31 the distance of the setback of the ��e wall or
one 1 foot whichev is •eater .
185 That Sec. 62.112.
186 appended to Sec.
187
188 5����e�c�xee�
189 , ,
190 --'- - �xaac "vra�c-vr
' Section 10
�r clearance. of the Saint Paul Legislative Code shall be deleted and its language
Fences—Requirements. of the Saint Paul Legislative Code to read as follows:
' : .• � . : . � :. :� . -..:
� - -
: .. .: . : . .: : :
193 Sec.33.07.Fences—Requirements. ��'��
194 (a) Permit. No person shall construct, or cause to be constructed, any fence in the City of Saint Paul without
195 first obtaining a pernut therefor from the building official. �
196 (b) Height offences. No fence shall be erected exceeding siac feet six inches (6'6") in height above e
197 sidewalk or finished grade of any lot in a residence district or on any lot occupied for residenti urposes
198 Fences and all supporting structures shali be completely within the boundaries of such lot. fences
199 erected between the front property line and the front setback line as defined in section 602 6 of the Saint
200 Paul Legislative Code shall be no more than three feet six inches (3'6") in height. Fence ot obstructing
201 vision to an extent in excess of twenty (20) percent above a height of three feet six inc es (3'6") shall be
202 exempt from the restrictions herein.
203 . . No fence wall. shrubbe , si or other obstruction t<
204 vision above a hei ht of two 2 feet from the avera e ade of the ro e sh be ermitted within the
205 trianeular azea formed at the intersection of anv street rieht-of-wav lines bv traieht line drawn between
206 said right-of
207 intersection.
1:
QII']
Section 11
210 That Sec. 62.114. Private residential pools and hot tubs.
211 amended to read as follows and that Sec. 33.07. Fences—R
Saint Paul Legislative Code sha11 be
ments. shall be amended to be consistent:
212 Sec. 62.114. Private residential pools and hot tubs.
213 Private outdoor residential poois, both above and bel ground, and hot tubs are pernutted as an accessory
214 use within the rear yard or nonrequired side yard; ex pt that, for multiple family developments, the planning
215 commission may determine the location of the poo or tub. Private outdoor pools and hot tubs shaJl meet the
216 following requirements as applicable:
21'7
218
219
220
221
222
(5) All yards of one and two familv s�
fence not less than four (4) feet in
five (5) feet in hei� The gates
inside of the gate, not readily av
locked when the pool is not i�
containing swimming pools sha11 be enclosed by an obscuring
All yards of residential structures of three or more units and
be of a self-closing and self-latching type, with the latch on the
for children to open. Gates shall be capable of being securely
223 Sec. 33.07. Fences--Requireme s.
224 (d) Swimming pool fences. 1 yards of one and two family structures containing swimming pools shall be
225 enclosed by an obsc � g fence not less than four (4) feet in height. All vards of residential structures of
226
227
The gates shall be of a self-ciosing and self-latching
228 type, with the la h on the inside of the gate, not readily available for children to open. Gates shall be
229 capable of bei securely locked when the pool is not in use.
230
231 Section 12
232 That Sec. 63 06. Porches. and Sec. 63.107. Projections into yards. of the Saint Paul Legislative Code shall
233 be amend
234
235 Sec.
to read as follows:
Porches and decks.
236 � An open, mre� uncovered porch or deck servin¢ the princi�al
237 structure shall be subject to setback and lot coverage requirements for the princi�al structure with the followinu
238 exce tions:
qq-�so
239 (1) The roorch or deck may project into a required front or reaz yazd for a distance not exceeding ten (10)
240 feet, providing the walking surface of the norch or deck is not higher than tliirty�30} inches above the
241 adjacent erade in the front vard and not hieher than ei�(81 feet above the adiacent grade in the reaz
242 yard• but this shall not be interpreted to include or pernut fixed canopies. These permitted projections
243 shall be excluded from lot coveraee calculations.
244 {2) The norch or deck shall be no closer than six (61 feet to a detached accessory buildine, unless the porch
245 or deck is not hieher than two (21 feet above the adjacent erade.
246 _(bl The walking surface of an ouen. uncovered porcb or deck servin� a detached acce
247 not exceed two (21 feet in height above the adjacent erade or shall be considered roart
248 and must meet all setback and lot covera e rec�uirements for the accessorv buildin�
249 (c) An uncovered porch, deck or patio not excee�
250 subject to setback or lot covera�e requirements.
251
252 Sec. 63.107. Projections into yards.
253 (a) Except as otherwise provided for in section 62.106(2), overhangs, decorati details and bay windows may
254 project into a required yard sixteen (16) inches plus two (2) inches for each oot of width of the required side
255 yard.
256 , ,
257 .
258 (b e) Ramps for the handicapped are exempted and may project ' to required yards.
259 ��) Chimneys and fireplaces may pzoject one (1) foot into required yard.
260 (d e) Attached vestibules covered entrances and greenhous s may
261 project up to twenty�201 sc�uare feet into a required nt or rear yazd and shall be included as part of the
262 rincipal structure for lot coverage n oses.
263 (e � Air conditioning condensers may be
264
�
266 That Chapter 66 of the Saint Paul
required side and rear yards and nonrequired front yards.
Section 13
Code pertaining to signs shall be amended to read as follows:
267 Section 66.114. L.
268 Lot frontage. The width of a 1 measured along the line separating the lot from any street, as defined in
269 Chapter 60. For a lot having fro age on more than one street, the lot frontaee for the �uxposes of this cha�ter
270 mav be determined bv using th frontage having the least width plus one-half ofthe additional lineal feet of lot
271 frontage .
272
273 Sec. 66.204. R-LL
274 (a) Identifzcation
275
276
277
278
279
280
RM-3 Residential Districts
(2) For multiple- �ly shuctures on nazcels 25.000 sguare feet or smaller, one identification sign for each
street fron ge is allowed. No sien shall exceed six �61
s uare f t in size. For multiple-familv structures on parcels lareer than 25.000 sc�uare feet, one �rmare
The total amount of signaee on each fronta�e shall not exceed
281
282
283 See. 66.2161. Grand Avenue Special District Sign Plan.
284
285
286
287
288
289
290
291
94 -�so
The Grand Avenue Special District Sign Plan, created as provided in section 66.216 above, applies to the area
defined by Oakland Avenue on the east, Cretin Avenue on the west and the pazallel alleys north and south of
Grand Avenue_ The zoning adtninistrator shall enforce the provisions of the Graud Avenue Spec' District Sign
Plan as a supplement to the zoning code. Whenever a permit for a sign withiu the Grand Av ue Special Sign
District is required under the provisions of this chapter, such pernut shall not be issued unl s the plans for the
sign have been approved by the�mmg zonine admiuistrator as in conformance with the and Avenue Speciai
District Sign Pian. Building pernut applications for signs in the Grand Avenue Speci Sign District shall be
submitted to the pi�mm�g zonin administrator for review and approval.
292 5ea 66.2163. Highland Village Special District Sign Plan.
293
294
295
296
297
298
299
300
301
302
303
The Highland Village Special Sign Dishict Plan, created as provided in section 216, pursuant to ciry council
resolution C.F. No. 86-1451, applies to the area as defined by said council resol �on. The provisions of this plan
are supplementary to those of this chapter and the most restricfive provisio hall apply. Within the Highland
Village Special District Sign Plan, signs shall be subject to the provisio as contained and set forth in City
Council Resolution C.F. No. 86-1451. The zoning administrator st�all orce the provisions of the Highland
Village Speciai District Sign Plan as a supplement to the zoning code. enever a permit for a sign within the
Highland Village Special Sign District is required under the provisi s of this chapter, such permit shall not be
issued unless the plans far the sign have been approved by the zonine administrator as in conformance
with the Highland Village Special District Sign Plan. Buildin ermit applications for signs in the Highland
Village Special Sign District sha11 be submitted to the zonin administrator for review and approval.
304 Se�
305 This ordinance shall take effect and be in force tivrty
306 i
from and after its passage, approval and publicarion.
Requested by Department of:
Planninq & Economic Develonment
r _,_/ /
By: ^ � �
Adopted by Council: Date
Adoption Certified by Counc' Secretazy
By:
0
Approved by Ma ate
BY — _ � _
Form Approved by City Attorney
i /� �Y�Y�'�T/�
By:
Approved
By:
a4 -�s'�
SAINT
PAUL
�
AAAA
CTTY OF SAINT PAUL
Norm Colemttq M¢yor
July 23, 1999
Council President Dan Bostrom and
Members of the City Council
320B City Hall
Saint Paul, MN 55102
Dear Council President Bostrom and Members of the City Council:
Since 1982, the Planning Commission has periodically considered and recommended to
the Mayor and City Council minor zoning amendments. These amendments make
changes needed to bring the code up to date with new living or business practices, carry-
out newly adopted plans, clarify regulations, correct errors, and incorporate zoning
administrator interpretations or court decisions. Attached are the Pianning Commission's
report which discusses each of the proposed amendments as well as an ordinance for
your review and final action.
The Planning Commission provided for a two month period of public review and held a
public hearing on June 11, 1999. Two district councils indicated concern about the
proposed increase in signage that would be allowed for multi-family structures on large
(over 25,000 square feet) lots. No other comments were received.
I am forwarding the Planning Commission's recommendation to the Councii with my
support. Please feel free to call Nancy Homans (6-6557) if you have specific questions
or need additional information.
Sincerely,
�04� �Cw, �
Norm Coleman
Mayor
390 (1ry Hall
IS West%Ilogg Boulevord
Saim P¢ul, MN55102
Telephone: 651-266-8510
Facsimile: 651-228-85I3
Enclosures
0
city of saint paul
planning c,ommission resolution
��� ('�U(Y'�IJCr 99-38
tJC� te June 25, 1999
MINOR ZONING TEXT AMENDMENTS
April '1999
a q.�So
WHEREAS, the Saint Paul Planning Commission has determined that considering and
recommending periodic zoning amendments to the Mayor and City Council is the most
desirable way to keep the zoning code as current as possible; and
WHEREAS, the Saint Paul Pianning Commission, on Aprii 9, 1999, released for public review
and discussion a report entified, "Proposed Text Amendments: April 1999;"
WHEREAS, the Saint Paul Planning Commission, on June 11, 1999, held a public hearing on
pr000sed minor zoning ame�dment concerning signage, parking standards, setback
requirements, home occupations, fences, antennas, nonconforming uses, porches and decks,
residentiai facilities, the Capitol Area, and uses in I-3 zoning districts; and
WHEREAS, the Zoring Committee of the Saint Paul Planning Commission reviewed the
testimony received and recommended changes to the proposed amendments; 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; and
2. That a survey of an area in excess of 40 acres fias been made; and
3. That a d2termination has been mude that ihe proposed amendments to th2 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 12, 19 and 26 and in the Saint Paul Legal Ledger or+ June 3,
1999.
fVOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission
recommends approval of the zoning code amendments as outlined in the "Proposed Text
Amendments: April 1999" study, as amended, and directs the Planriing Administrator to for�vard
the study and this resolution to the Mayor and City Council for their review ancl action.
moved by Field
seconded by
1n �a��' IInanimous
8�11"1.St
aa '�s °
PROPOSED TEXT AMENDMENTS
April 1999
As amended and recommended by the Planning Commission, June 25, 1999
L Modify the sign provisions of the ordinance to allow larger identification signs for
multiple family structures on parcels larger than 25,000 square feet
Proposed amendment:
Sec. 66.204. R-LL through RM-3 Residential Districts
(a) Identifzcation Signs
(2) For multiple-fanuly structures on pazcels 25,000 squaze feet or smaller, one
identification sign for each street frontage
in-xreR is allowed. No sign sk�a11 exceed six (61 squaze feet in size. For multi l�e-
familv structures on pazcels larger tl�an 25.00Q square feet. one ermai�e or two
identification sitYn(sl €ar on each street fronta�e is/are allowed.
. The total amount of
si�na�e on each frontage shall not exceed twentv-four (241 squaze feet in size.
Explanation:
Frequent t^equests for sign variances are received fi^om owners of Zat^ger multi farnily
properties, especially those with street frontage on move than one side, indicating that six
square feet of signage is not sufficient. Other communities in the metro-area allow between
20 and 30 square feet of signage for multi family buildings.
2. Amend the method by which lot frontage is calculated on parcels with more than one
street frontage for the purposes of determining the amount of ailowable signage.
Proposed amendment:
Section 66.114. L.
Lot fi�ontage. The width of a lot measured along the line sepazating the lot from any
street, as defined in Chapter 60. For a lot having frontage on more than one street, the lot
frontaee for the purposes of this chapter mav be determined bv using the frontage having the
least width plus one-half of the additionai lineal feet of lot frontage
Explanation:
This proposed amendment addresses the amount of signage (gross surface display area)
allowed on a lot with more than one street frontage. The existing Zanguage sometimes serves
to penalize a property owner on a lot with more than one street frontage when the sum of the
shortest fi°ontage plus one-half of the additional Zineal feet of lot fi�ontage is less than one
street fi�ontage. Under the proposed amendment, the property owner would have the option
of using either the width of a single frontage (presumably the tongest) or the shortest
frontage plus one-half of the additional frontage in calculating the total aZZowable gross
surface display area for the site.
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3. Clarify that the zoning administrator—rather than the planning administrator—is
responsible for approving applications for sign permits in special sign districts.
Proposed amendments:
Sec. 66.2161. Grand Avenue Special District Sign Plan.
The Grand Avenue Special District Sign Plan, created as provided in secrion 66.216
above, applies to the area defined by Oakland Avenue on the east, Cretin Avenue on the west
and the parallel alleys north and south of Grand Avenue. The zoning aduiiuistrator shall
enforce the provisions of the Grand Avenue Special District Sign Plan as a supplement to the
zoning code. Whenever a permit for a sign within the Grand Avenue Special Sign District is
required under the provisions of this chapter, such pemut shall not be issued unless the plans
for the sign have been approved by the pla�ming zonin admiiustrator as in conformance with
the Grand Avenue Special District Sign Plan. Building permit applications for signs in the
Grand Avenue Special Sign District sha11 be submitted to the plamrix� zonine administrator
for review and approval.
Sec. 66.2163. Highland Village Special District Sign Plan.
The Highland Village Special Sign District Plan, created as provided in section 66.216,
pursuant to city council resolution C.F. No. 86-1451, applies to the azea as defined by said
council resolution. The provisions of this plan are supplementary to those of this chapter and
the most restrictive provision shall apply. Within the Highland Village Special District Sign
Plan, signs shall be subject to the provisions as contained and set forth in City Council
Resolution C.F. No. 86-1451. The zoning administrator shall enforce the provisions of the
Highland Village Special District Sign Plan as a supplement to the zoning code. Whenever a
permit for a sign within the Highland Village Special Sign District is required under the
provisions of this chapter, such permit shall not be issued unless the plans far the sign have
been approved by the p�rming zonine administrator as in conformance with the Highland
Village Special District Sign Plan. Building permit applications for signs in the Highland
Village Special Sign District shall be submitted to the p�mming zonin� administrator for
review and approval.
Explanation:
The proposed amendment reflects a change in the staff responsibility for the administration
of the sign ordinance from the planning administrator who is housed in the Department of
Planning and Economic Development to the zoning administrator who is housed in the
Department of License, Inspections, and Environmental Protection (LIEP)
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4. Establish parking requirements for multi-use community centers and auto repair uses
that are accessory to auto sales.
Proposed amendments:
Secfion 62-103. Parking requirements.
(g) Parking requirements by use. Except as provided in section 60.573, the minimum number
of off-street pazldng spaces by type of use shall be determiued in accordance with the
following schedule:
INSTITUTIONAL
Multi-use community centers
COMMERCIAL/SERVICE
Auto repair accessory to auto sales
1 space per 250 sq. ft. GFA
2 s ao ces per auto service stall
Explanation:
Under the authority ofSection 62.103(h), previous PlanningAdministrators have determined
that the parking requirement for the use Zisted above should be as indicated. Those rulings
were to be codified through text amendments.
5. Clarify that there shall be no exterior storage of commercial vehicles associated with
home occupations.
Proposed amendments.•
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7) Home occupations which aze compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
g. There shall be no exterior storage of equipment, sr supplies or commercial vehicles
associated with the home occupation, nor pazking of more than one business caz,
pickup truck or small van, nor any additional vehicles except those far permitted
employees identified under pazagraph d.
Explanation:
The City's enforcement staff has had difficulry taking enforcement action when they receive
complaints about commercial vehicles in residential yards because the code lacks specifzcity.
6. Clarify sideyard setback requirements for parking in the B-2C Zoning District.
Proposed amendment:
60.573. Required conditions. (B-2C Zoning District)
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 e�sting
buildings are enlarged, and when new buildings are erected, off-street parking shall be
provided as follows:
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c. Off-street parking spaces shall not be located within a&ont yazd and mgq-be
iaea�e�wifi3�dn must be set back at least two (2) feet e€ from a side lot line.
EzpZanation:
The intent of the code is that parking spaces need only be set back 2 feet from a side lot line,
but that is not cZear with the current language.
7. Allow the replacement of nonconforming garages on existing slabs/foundations even if
they don't meet setback requirements—provided that they conform to current height
and lot coverage standards.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(e) Nonconforming structures with conforming uses. Nonconforming structures with
conforming uses are subject to the following provisions:
(3) When a nonconforming struchxre is destroyed by any means to an extent of more than
sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of
this code. A nonconformine accessorv structure, however, may be rebuilt on an
existine foundation or slab within one year of its destruction urovided that it is within
the maximuxn height and size limits for an accessorv structure outlined in Sec.
62.106(31 and Sec. 62.106(4�
Explanation:
The BZA has handled a number of cases where a garage has blown down or otherwise been
destroyed and the properry owner comes in to reconstruct the garage on the existing slab
only to find that it doesn't meet setback reguir-ements. These variances almost always are
approved.
8. Clarify required roof overhang setback requirements for accessory buildings..
Proposed amendment:
Sec. 62.106. Accessory buildings.
Accessory buildings, except as otherwise provided in this code, sha11 be subject to the
following regulations:
(2) Accessory buildings, structures ar uses shall not be erected in or established in a
required yard except a rear yazd.
On corner lots, accessory buildings, structures or uses shall be set back from the street
a distance equal to that required of the principal structure.
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When an accessory building, structure or use is constructed in a reaz yard which adjoins
a side yard or front yard, the accessory building, structure or use shall be set back from
the interior lot line a distance equal to the minimum side yard required in the district in
which located.
On all other lots, accessory buildings shall be set back at least three (3) feet from all
interior lot lines, and overhangs shali be set back at least one-third (1/31 the distance of
the setback of the eara�e wall or one (11 foot. whichever is areater
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Explanation:
To make the zoning code consistent with the building code, the amendment allows for an
overhang if the setback for the accessory building is modified from 3 feet to something
less.
9. Revise swimming pool fence requirements to conform to State regulations.
Proposed amendment:
Sec. 62.114. Private residential pools and hot tubs.
Private outdoor residential pools, both above and below ground, and hot tubs are
permitted as an accessory use within the reaz yazd or nonrequired side yazd; except that, for
multiple family developments, the planning commission may determine the location of the
pool or tub. Private outdoor pools and hot tubs shall meet the following requirements as
applicable:
(5) All yards of one and two familv structures containing swimming pools shall be
enclosed by an obscuring fence not less than four (4) feet in height. All vards of
residential structures of three or more units and commercial stnxctures containine
swimmin�nools shall be enclosed bv an obscuring fence not less than five (5) feet
in heieht. The gates shall be of a self-closing and self-latching type, with the latch
on the inside of the gate, not readily available for children to open. Gates shall be
capable of being securely locked when the pool is not in use.
Explanation:
This amendment would make the code consistent with new State Health Department
regulations.
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10. Move fence requirements related to corner clearance to the building code with all the
other fence requirements.
Proposed amendment:
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Sec. 33.07. Fences--Requirements.
(a) Permit. No person shall construct, or cause to be constructed, any fence in the City of
Saint Paul without first obtaining a permit therefor from the building official.
(b) Height offences. No fence shall be erected exceeding six feet six inches (6'6") in height
above the sidewalk or finished grade of any lot in a residence district or on any lot occupied
for residential purposes. Fences and all supporting structures shall be completely within the
boundaries of such lot. All fences erected between the front property line and the front
setback line as defined in section 60.206 of the Saint Paul Legislative Code shall be no more
than three feet six inches (3'6") in height. Fences not obstructing vision to an extent in
excess of twenty (20) percent above a height of three feet six inches (3'6") shall be exempt
from the restrictions herein.
. . No fence, wall, shrubberv,
sign or other obstruction to vision above a heieht of two (21 feet from the avera�e grade of
the �roperiv shall be permitted within the triangulaz area formed at the intersection of any
street right-of-wav lines bv a straight line drawn between said right-of-wav lines at a distance
alone each line equal to the minimum setback lines form theirpoint of intersection.
(c) Yariances. A variance of the fence height regulations may be granted if, after
investigation by the building official, it is found that site or terrain conditions warrant a
waiver of the height restrictions. An application fee of twenty-five dollars ($25.00) is
required for each variance request.
(d) Swimming pool fences. All yards of one and two familv shuctures containing swimming
pools shall be enclosed by an obscuring fence not less than four (4) feet in height. All vards
of residential structures of three or more units and commercial shuctures containinQ
swimmin¢ nools shall be enclosed bv an obscurine fence not less than five(51 feet in heig�
The gates shall be of a self-closing and self-latching type, with the latch on the inside of the
gate, not readily auailable for children to open. Gates shall be capable of being securely
locked when the pool is not in use.
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Explanation:
This provision regulates fence construction on corners. Most other fence requirements are
in Section 33.07 of the building code. The fence provisions in 33.07 may be varied by the
building official ancl requires a$25 appZication fee. The corner clearance requirement
cannot be waived by the building official, only by the Board of Zoning Appeals, and the fee
is $180 for a single family applicant. This amendment would create one process for fence
variances.
The amendment to Sec. 33.07(d) would make the building code consistent with the zoning
code as amended above.
11. Clarify the definition of "use" related to the establishment of nonconforming uses.
Proposed amendment:
Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming
structures, and nonconforming uses of structures and land.
(i) Nonconforming use permits. The planning commission may approve, modify and
approve or deny nonconfornung use permits. To ensure the public welfare is served, the
commission may attach conditions to the pemuts including, but not limited to, conditions
concerning appearance, signs, off-street parking or loading, lighting, or performance
characterisrics, such as noise, vibration, glare, dust, or smoke.
The planning commission in approving nonconforming use permits may allow a
nonconforming use for a specified period of time and then require its removal by
attaching an expiration date to the permit if the commission makes the following
findings: (1) termination of the nonconforming use or the continued vacancy of the
building in which the nonconforming use was located would cause significant hardship;
(2) permitting the nonconforming use for a period of time will facilitate the iransition to a
conforming use; and (3) pernritting the nonconforming use far a period of time is
consistent with the public health, safety, comfort, morals, and welfare. The period of time
for which the permit is valid shall be determined in each case by the commission and
shall be based on the extent of the hardship.
The plaluiing commission shall hear and decide nonconfornung use permits in
accordance with the procedures and requirements of section 64.300. The planning
commission may consider the following nonconfornung use permits:
(1) Establishment of legal nonconforming use status. The planning commission may
grant legal nonconforming status to the use of structures which fail to meet the
standards of section 62102(b) if the commission makes the following findings:
c. The use or use of similaz intensit�permitted in the same clause of the
zoning code or in a more restrictive zonine district has been in existence
continuously for a period of at least ten (10) years prior to the date of the
application.
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Explanation:
Recent cases have s an ambiguity in the current code when Zegal nonconforming
status is being established for a commercial use. The question arose as to whether for
non-conforming status to be established—exactly the same use had to have been in
operation for ten years or whether a history of closely similar uses wouZd satisfy the
requirements of the code.
Staff is recommending that occupancy by uses Zisted in the same clause in the zoning code
or in more restrictive zoning districts shall count toward the required ten years of
existence for the purpose of establishing non-conforming status. Among our reasons for
making such a recommendation is that Sec. 62.102(f} (2) provides that a"nonconforming
use rraay be changed to a use permitted in the district in which i1 is located or to a new
nonconforming use if the new nonconforming use is also listed in the same clause of
the code as the nonconforming use. "(Emphasis added)
12. Clarify that cellular telephone antennas are permitted uses in the I-1 district.
Proposed amendment:
Sec. 60.614. Principal uses subject to special conditions (I-1 Industrial District)
The following additional uses sha11 be pernutted subject to the conditions hereinafter
imposed for each use and subject to the standards specified for a11 special condition uses as
set forth in section 64300(d). All principal uses permitted subject to special conditions shall
be reviewed and approved by the planning commission.
(1) All commercial and public radio and television transmitting antennas, and public
utility microwave antennas subject to the following
conditions:
a. The antennas, transmitting towers or array of towers shall be located on a
continuous pazcel hauing a dimension equal to the height of the antenna,
transmitting tower or array of towers measured between the base of the antenna
ar tower located neazest to a property line, unless a qualified structural engineer
sha11 specify in writing that the collapse of any antenna or tower will occur
within a lesser distance under all foreseeable circumstances.
b. The proposed installation shall meet all requirements as outlined under section
62.108, site plan review.
Explanation:
YVhen amendments were made to Sec. 60.612 in 1997 that regulated cellular telephone
antennas as permitted uses in the I-1 district, this phrase that regulates them as special
condition uses was not deleted.
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13. Specify that home occupations must be related to the principal residence of one or
more persons involved in the business.
Proposed amendment:
Sec. 60.412. Principal uses permitted (RLL through R-4 districts).
(7)Home occupations which are compatible with other residential uses and which maintain
and preserve the character of residential neighborhoods subject to the following
requirements:
�The dwellin� unit shall be the principal residence of one or more persons idenrified
under pazaeraDh d.
Explanation.•
A recent court case demonstrated the importance ofspec�ing that a home occupation must
be related to the principal residence of one or more persons conducting the business.
Simply saying that the occupation shall be conducted by one or more of the people who
"reside " in the dwelling unit may be interpreted as allowing a home occupation where the
people involved may spend the night at the dwelling unit occasionally—or may only store
some clothing there.
14. Update the boundaries of the Capitol Area Architectural and Planning Board's
jurisdiction on the official zoning map.
For information. The boundaries of the Capitol Area Architectural and Planning Board are
established and revised by State Zaw. One or more such revisions have been adopted by the
Legislature and should be reflected on the City's zoning map. No action is required by the
Planning Commission or City Council.
15. Establish and clarify various height, setback and lot coverage provisions related to
porches and decks.
Proposed amendments:
Sec. 63106. Porches and decks.
(al An open, n� uncovered porch or deck
serving the principal structure shall be subject to setback and lot covera�e requirements for
the princinal structure with the followine exceptions:
(1) The roorch or deck may project into a re uired front or rear yard for a distance not
exceeding ten (10) feet, providin� the walkin¢ surface of the porch or deck is not
hi�her than thirt�301 inches above the adj acent erade in the front vard and not higher
than eight (81 feet above the adjacent erade in the rear vazd, but this shall not be
interpreted to include or permit fixed canopies. These permitted proiections shall be
excluded from lot coveraee calculations.
(21 The uorch or deck shall be no closer than six (6) feet to a detached accessory building,
unless the vorch or deck is not higher than two (2) feet above the adjacent erade
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(bl The walking surface of an onen uncovered porch or deck servin¢ a detached accessory
buildine oniv shall not exceed two (2) feet in hei¢ht above the adjacent erade or shall be
considered part of the accessorv building and must meet all setback and lot covera�e
requirements for the accessory buildine.
(c) An uncovered orch, deck or patio not exceedine two (21 feet in heieht is considered
landsca�g and is not subject to setback or lot covera� uirements.
Sec. 63.107. Projecfions into yards.
(a) Except as otherwise provided for in section 62.106(2), overhangs, decorative details
and bay windows may project into a required yard sixteen (16) inches plus two (2) inches
for each foot of width of the required side yard.
. :. .� : .� : • : . : . . : : . ..
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(b e) Ramps for the handicapped are exempted and may project into required yazds.
O�) Chimneys and fireplaces may project one (1) foot into a required yazd.
(d e) Attached vestibules, covered entrances and greenhouses
s�are€eet-in�xex may project up to twentv (201 square feet into a required front or rear yard
and shall be included as part of the principal structure for lot covera�e �ur �i oses.
(e � Air conditioning condensers may be permitted in required side and rear yazds and
nonrequired front yards.
Explanation:
The requirement suggested in Section 63.106(a)(1) would allow a deck to project 10' in the
front yard if not higher than 30" above grade. If higher than 30" a guard rail is required
under the building code. Therefore, using the same height for both standards makes it
easier for the building inspectors to remember when on a job site. This is a change from
allowing a deck on the ground floor because determining what the groundfloor is has been
problematic in the past, particularly for split levels and walkouts.
We are also proposing that a deck be allowed up to 8' in height in the fzrst 10' ofa required
rear yard (it would still need to maintain the required side setback). This would allow, for
instance.• a deck to project fi-om the back door just above grade out over a downward
sloping rear yard, a deck to project off a half story with Zook-out (egress) windows
underneath or a deck from the back door to go around an above-ground swimming pool.
There have been a few variance requests for these situations and they haven't seemed to
cause a problem, so it makes sense to simplify things by changing the code.
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The code is currently mute on whether such porches or decks shouZd be included in lot
coverage. The proposed Zanguage specifies that they would not If the porch or deck is
higher than 8' above grade (i.e. a balcony) or projects more than 10' into the required rear
yard, it would not only have to meet setbacks, but lot coverage as well.
Since a detached garage cannot be closer than 6' to the principal structure, it seems
appropriate that the same distance be required for a deck above 2' in height.
There have been instances where decks are added onto garages only; they are not connected
to the principal structure. The suggestion in paragraph (b) is that they would need to
maintain all setbacks and lot coverage requirements for accessory structures if the porch
or deck is higher than 2' above grade.
We think a maximum of hvo foot high decks have not been a problem and should be treated
like landscaping and permitted in all yard spaces.
Section 63.107 removes the portion about steps in side yards because it would be covered
under 63.106(c). Although this section may have been intended to allow side entryways, it
is more commonly used to add a deckfrom a side door around to the rear yard. The result
is that decks can be 1'from a properry line (often delineated by a fence in this circumstance)
for a single family dwelling in an R-4 district. The 1'setback seems to be unusable, and
sometimes not well maintained space. Again, this has resulterl in several variance requests
which are almostperfunctory.
The new paragr�aph (d) proposes an additional fi�ont projection. Uncovered ent�yways are
currently permitted to project 10' into a required fi•ont yard. Putting a roof over the stair
landing is not currently allowed but enclosing the landing, in the form ofa vestibule, is. The
few variance requests received for roofed entr�ies have been approved without question.
16. Clarify that human service licensed community residential facilities for sixteen or
fewer residents are permitted uses (subject to distance requiremenYs) as part of mixed
residential and commercial structures beginning in the OS-1 zoning district.
Proposed amendments:
Secfion 60.512. Principal uses permitted (OS-1 Zoning District)
(7) Mixed residential and office services uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, er freestanding foster homes_, or
human service-licensed facilities for sixteen 16) or fewer facility residents subject to
the condition that thev are at least one thousand three hundred twentv (1320, radial
feet from another similar facilitv.
Section 60.514. Principal uses permitted subject to special conditions (OS-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
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IlR�1��l�1Or111�1��1�1��IH��G01�1�1�9129�1R�1�t�1R�eR�I�����tt111�1�%I�AIIR�I�I�r ��Rl�l��t�•
Section 60.522. Principal uses permitted (B-1 Zoning District)
(8) NliYed residential and commercial uses subject to the following conditions:
b. Residential uses may be occupied by foster homes, ar freestanding foster homes, or
human service-licensed facilities for sixteen (16) or fewer facility residents subject to
the condition that thev aze at least one thousand three hundred twentv (13201 radial
feet from another similar facilitv.
Section 60.524 Principal uses permitted subject to special conditions. (B-1 Zoning
District)
(3) Hospices serving sixteen (16) or fewer facility residents.
>
Explanation:
Prior to 1993, human service licensed community residential facilities were permitted as
special condition uses as part of mixed residential and office%ommercial uses—as were
residential uses for persons without disabilities. In 1993 when mixed residential and
office%ommercial uses become permitted uses in OS-1 and B-1 zones, the language in the
code was rreodifzed to reflect this change. Tlze resulting Zanguage in the code is unclear.
The amendment seeks to clear up any questions or confusion and ensure that the code is
consistent with State and Federal law prohibiting discrimination against persons with
disabilities.
I7. Amend the provisions of the I-3 Industrial Zoning District to allow, as special condition uses,
principal uses permitted and uses permitted subject to special conditious and as regulated in
the I-2 District, provided that the proposed use is part of certain types of redevelopment
projects or in accordance with specific city-approved plans.
Proposed amendment:
Subdivision 3. 60.630. I-3 Industrial District.
Sec. 60.631. Intent.
The I-3 Industrial District is intended to provide sites for the development of extensive uses
which are or can be objectionable or hazazdous unless surrounded by other types of
industrial districts.
Sec. 60.634. Principal uses subject to special conditions.
The following additional uses shall be permitted, subject to the conditions hereinafter
imposed for each use and subject to the standazds specified for all special condition uses as
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set forth in section 64300fe)�. All principal uses permitted subject to special conditions
shall be reviewed and approved by the planning commission.
(1) Crushing ofrock, asphalt or concrete, subj ect to the conditions for uses which service,
process or manufacture outside a completely enclosed building [as set out in] section
60.624(18)a., b. and c.
(2) The incineration of infectious wastes subject to the conditions as set out in section
60.624(19) a., b. and c.
(31 All principal uses first pernutted and uses first permitted subjectto special conditions
and as regulated in the I-1 and I-2 Districts, provided that the pronosed use is part of
a redevelo�ment �roject �ronosed bv a�ublic a¢encv as the a�nlicant ar done in
accordance with a specific planpertainin t�o the proroosed use. which s�ecific planhas
been approved bv the citv.
Explanation:
Unlike most other zoning districts in the city where the zoning is cumulative within a land
use type (i. e. uses permitted in the B-1 are also permitted in the B-2 and B-3), only five very
specific uses are allowed in the I-3 District.• petroleum and gasoline tanks, tanning and
rendering plants, cellular telephone antennas, rock crushing and the incineration of
infectious wastes. As demand for land for those uses has diminished, there is interest in
allowing other less intensive industrial uses in the three I-3 zoned areas in the city. (Map
attached)
The proposed amendment would allow uses first permitted in the I-1 and I-2 districts in the
I-3 district as special condition uses provided that they:
1. Are part of a redevelopment project proposed by a public agency as the applicant, OR
2. Are done in accordance with a specific city-approved plan pertaining to the proposed
use.
As special condition uses, they also would be required to meet the general conditions
outlined in Sec. 64.300(d) of the zoning code.
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