Loading...
03-1028Council File # �Z� � ' a��$���( S �� Ordinance # Green Sheet # �J�U���O ORDINANCE -- CITY OF SAINT PAUL, MINNESOTA 26 ` .+ . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Presented By Referred To Committee: Date An ordinance amenfling Legislative Code Chapters 60 through 69 pertaining to zoning code reformatting and streamlining adding Traditional Neighborhood zoning districts, and related amendments. WHER�AS, the Land Use Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on March 3, 1999, (with final adoption on February 6, 2002, after Metropolitan Council review) calls for amending the Zoning Code to support development of urban villages and a full range of housing options through urban village zoning districts that allow a mix of housing and commercial uses along with design guidelines and an efficient process for public review, and also to permit secondary dwellings such as "mother- in-law apartments" in certain eonditions; and WH�REAS, the FIousing Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on January 8, 1999, (with final adoption on January 9, 2002, after Metropolitan Council review) calls for streamlining the zoning approval process for new types of development along with design guidelines and quality standards that protect neighborhoods while making high-quality attached housing easier to provide, and also recommends amending the Zoning Code to provide for secondary and live-work dwellings in certain conditions; and WHER�AS, the Saint Patd Housing Action Plan 2002, adopted by the City Council on June 26, 2002, specifically calls for adoption of urban village zoning text amendments, provisions to allow carriage house and secondary dwellings, and continuing steps to bring the Zoning Code into conformance with the comprehensive plan; and WHEREAS, Minnesota Statutes §473.865 requires local official controls such as the Zoning Code to be amended to conform with the comprehensive plan; and WHEREAS, the cun•ent organization of the Saint Paul Zoning Code, with dozens of somewhat random lists of land uses and conditions for uses, redundant and inconsistent language, and a confusing web ofrelationships andreferences among the lists of land uses under various zoning districts, makes the Zoning Code difficult to use and understand; and WHEREAS, the new traditional neighborhoodzoningregulations should function simply, clearly and efficiently, withoul creating new administrative burdens; should fit seamlessly into the existing Zoning Code; and ideally should help make zo��ing regulations simpler and easier to use; and WHER�AS, development of a major new set of traditional neighborhood zoning districts is an opportunity to develop a more streamlined format for the Zoning Code as a whole, as well as more streamlined zoning approval processes; and WHEREAS, the proposed more streamlined Zoning Code forxnat, with land use tables for each zoning district category and land use standards and conditions logically organized by land use category, would be more user-friendly, much easier to use when accessed on the city web site, and of significant value to Saint Paul; and 40 WH�R�AS, the existing OS-2 General Office-Service District was adopted two years ago as a temporary district to 41 provide for development planned far the West Side Flats and the Upper Landing, and is intended to be replaced by the 42 new TN3 Traditional Neighborhood District; and 43 PUBLISNE�` • , � ;: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 WfIEREAS, the Upper Landing Urban Design Master Plan was adopted by the City Council on February 14, 2001, and the YYest Side Flats Master Plan and Development Guidelines was adopted by the Ci Council on December 19, 2001; and � � _ 1 (1 � � iJ WI the Planning Commission conducted a public hearing on the Traditional Neighborhood Zoning Districts and Zoning Code Reformatting Zoning Study on July 26, 2002, where all persons present were afforded an opportunity to testify conceming the content and recommendations of the zoning study; and Wf�REAS, on April 25, 2003, the Planning Commission recommended approval of the amendments to Chapters 60 through 69 ofthe Saint Paul Legislarive Code pertaining to Zoning Code reformatting and streamlining, adding traditional neighborhood zoning districts and related amendments, recommended that the existing OS-2 General Office-Service Districtbe replaced with the new TN3 Tradirional Neighborhood District, and recommendedthat all property on the West Side Flats andUpper Landing currently zoned OS-2 General Office-Service be rezoned to T'N3 Traditional Neighborhood District; and WHEREAS, a public hearing before the City Council having been conducted on December 3, 2003, at which all interestedparties were given an opporiunity to be heard, the Council having considered all the facts and recommendations concerning the amendments; NOW THEREFORE, THE COUNCIL OF THE CITY OF SAIN'I' PAUL DOES ORDAIN: Section 1 That Legislative Code Chapters 60 through 69 is hereby amended to read as follows: Chapter 60. Zoning Code - , , Geueral-Provisions aud Definitions; ZQning Districts �3ses and �ttirem�rts Maps Generally ARTICLE I. 60100. $V GENERAL PROUISIONSANI3.E'i��EPTION� Sec. 60.1019. Short title. Chapters 60 through 69� shall be lmown and may be cited as the Saint Paul Zoning Code. (Code 1956, § 60.100; Ord. No. 16919, 5-27-82) Sec. 60:102; :Autihority. This �oning_code is anacted j�ursz�antta the aufharity gtanted to th�'municipakty by M°inn�sota Statutes seotiotrs 462;3 �1 through 46�.365. Sec. 60.103�. Intent and purpose. This code is adopted by the City of Saint Paul for the following purposes: (a�) To promote and to protect the public health, safety, morals, aesthetics, economic viability and general welfare of the community; (b) To img3ement the po3icies�ofthe:eom�ehenaive plan; (c3) To classify all property in such manner as to encourag� fhe mosiapprapriate use of land througlzout the city refleef (d�j To regulate the locafion, construction, reconshuction, alteration and use of buildings, structures and land; (e5) To ensure adequate light, air, privacy and convenience of access to property; (fl i�j To facilitate the adequate provision of transportation, water, sewage disposal, education, recreation and other public requirements; (g) i-}j To lessen congestion in the public streets by providing far off-street parking of motor vehicles and far off- street loading and unloading of commercial vehicles; (h) Toprovidefarsafeand.efficientcicculationofalLmodesoftransportation,includingtransit,pedestrianandhiey�le traffic; (i) To encourage a compatible mix_of land uses, at densities that support transit, khat refiect the scala, character.azid urban design of Saint Paul's existing traditiQnal neighborhoods; (j) To provide housing choiceand housing affordability; (k) zj To promote the conservarion of energy and the utilizarion of renewable energy resources; (1) 6j To conserve and iinprove property values; ll� - lilG� 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 (m) �j To protect all areas of the city from haxmful encroachment by incompatible uses; (n) $j To prevent the overcrowding of land wiHrbni�dings; and { undue congestion of population; (o) �@j To fix reasonable standazds to which buildings, shuctures and uses shall conform; (p) i3j To provide for the adaptive reuse of nonconfornung buildings and str{icl�res �nc�fo�t� eliminarion of nonconfornung uses of land; (q) i-�j To define the powers and duties of the administrarive officers and bodies; (r) i�j To provide penalries for violations of the provisions of this code or any subsequent amendment thereto; and, (s) ifrj To provide for a board of zoning appeals and its powers and duties. (Code 1956, § 6�200) Sec. 60.104�. Construction of langaage. The following rules of construcrion apply to the text of this code: (a�) The particular shall control the general. (bz} In case of any difference of ineaning or implicarion between the text of this code and any caprion or illustrafion, the text shall control. Illustrations in this zoning code are provided for purposes of describing, clazifying or providing examples; such illustrations are not to scale and do not replace, limit or expand the meaning of the text. (c3) The word °shall" is mandatory, and the word "may" is permissive. (ddj Words used in the present tense include the future; words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary. (e5) The word "buildmg" includes "structure" and any part thereof. (f6) The phrase "used for" includes "arranged for," "designed for," "intended far," "mamtained for," or "occupied for." (g�j The word "person" includes an individual, a corporarion, a partnership, an incorporated associafion or any other similar entity. (h$j Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, condirions, provisions, or events connected by the conjunction "and," "or," "either ... or," the conjunction shall be interpreted as follows: (1) x. "And" indicates that all the connected items, condifions, provisions or events shall apply. (2) b: "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) �"Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but notin combination. (i9) "Abut" means having a common boundary or relationship at either a comxnon property line, sh or alley. (j) "Adj�cent"�means�loeated�neazby,wifh:orwifhouteotrtaet. (k) i-9j "Adjoin" means having a common boundary or relationship at a common property line. (1) "Configuaus" means ahutting: (m) A"-"�shallmean"t}�raugh"wfiennsedbetweenzonissgdistrictabbreviatioas�ithina3�u8usecategory,e:g. RM2" Resid�ntial Di�tcicfs..sha11 mean RT1, R'�2, R1ti11, and RM2 &esidential Districts. (Code 1956, § 60300) Sec. 60�.105}. Scope of reg�ia4ions. No building or structure, or part thereof, shall hereafter be erected, constructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structute, or land, or part thereof, except in conformity with the provisions of this code. (Code 1956, § 62.101) Sec. 603.1064. Essential services. Essential services shall be pernutted as authorized andregulated by law and otherprovisions ofthe Saint Paul Legislative Code, it being the intention hereof to exempt such essential services from the application of this zoning code. (Code 1956, § 63.100) Sec. 603.107�. Voting place. The provisions of this code shall not be so construed as to interfere with the temporary use of any properiy as a voting place in connection with a municipal or other public election. (Code 1956, § 63.101) Sec. 604.5fi086. �nt� Requirements declared minimum . In their interpretafion and application, the provisions of this code shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, aesthetics, economic viability, convenience or general welfare. It is not intended by this code to repeal, abrogate, annul or in any way to impair ar interfere with any existing provision oflaw, ordinance, rules orregulations. The city may impose additianal requicemants where deemeflreaso�ble andnecessary to pxotect the public interest and to ensure compliance withthe standasds andpurposes af filiis zoni�gcode and the policies of the compaehensive: plan. 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 (Code 1956, § 64.213) (� ' Sec. 60�.109@. Eaaflictiug Other city, local, regional, state and federal regulations. ��' �� ' 1 Q 2� (a) Conflictingregulations. Wheneveranyprovisionofthiscodeconflictswith' , , any other provisions of this code or any other law or ordinance, fihcrc the more restrictive provision - ``s-or-ciiis-ooac shall govern, except as otherwise specifically provided. , � (b) Reference to other regulations. In addition to the requirements ofthis zoning code, all uses and development shall comply with all other applicable city, local, rea onal, state and federal regulations. All references in this zoning code to other city, local, regional, state or federal regulations are for informationai purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibiliTy by the city for enforcement of other local, regional, state or federal regularions. (c) Current versions and citations. All references to other city, local, regional, state or federal regulations in this zoning code are intended to refer to the most current version and citation for those regulations. If such references are no ]onger valid due to repeal or renumbering, the new regulations intended to replace those cited, regazdless of the citation, shall govern, unless otherwise specified. (Code 1956, § 62.100) Sec. 60.110. Reasonable accommodation. The city has a legitimate interest in pieservingthe chazacter of residential neighborhoods by adoptingregulations relating to the number and type of structures and uses, the number of persons who may occupy a dwelling or structure, and off- street parking, in order to control population density, noise, disturbance and iraffic congestion. However, Shese regulations shall not be applied so as to preventthe city from making reasonable accommodation as required.by the Fedaral Fa�r I3onsing Act A�nendtneiits of 19$3 Sec. 60.1i1. Private easements or covenants. Thiszoningcoda is:not intanded toabrogate:any easement, covenant or any ofher privateagreement, providedthaYwheTe the ragularions of this zoning:cade aze more restrictive or imposelrigher staudards or raquiremeflts than such easements, covenants.or other private�ag�eements tke regulations of the zoning cods shall govern Sec. fi0.112. '"Severabtlity. (a) Severa&ility of zext. If any porEi6mofthis zoning eode is dete�nined to be invalid or unconstifiutioraal by a�cmu of comlrete7rt jurisdiction that portion shall bed�emed severed from tfie zoning code, and such determination:shaA not affecf the vaiidity�af fhe�ramaixii3er oftlie.zoning code. (b) Severcebz`Zzty: �oJ apptzciition. If�the applicatioi7 af �any porfron of this zoning code fo a parti�ulas propei`ty is determined:to be invalid.or unconstitufional 6y.a eourtof compete4st jurisdictidn; such dete�nination sfiall-not a£fect the application Qf said:grovision-to.any othat properly: Sec. 6(1�.59113. Vested right. Nothing in this code shall be interpreted or construed to give rise to any permanent vested rights in the continuafion of any particular use, district, zoning classification, or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare. (Code 1956, § 64214) ARTICLE II. 60_200. GENERAL DEFINITIONS Sec. 60.2018. General defmitions. Forthepurposesofthiszoningcode,thetermsdefinedinArticle77.60.200,GeneralDefinitions . fi6-�6 shall have the meanings ascribed to them therein. Where terms are not defined herein'_-_ `��:�+*±�, they shall have ascribed to them their ordinarily accepted meanings and/or such as the context herein may imply. (Code 1956, § 301) Sec.60.2024. A. .[Moved to new Chapter 65. Land Use Definations and Development Standards.] n '`r�azr'vemcsiBre [Moved to new Chapter 65. Land Use Defznitdons and DeveZopment Standards.] $dttlt [Moved to new Chapter 65. Land Use D�nikons and Development Standards.] .[Moved to new Chapter 65. Land Use Definifions and Devt. Standdrds.] [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] .[Moved to new Chapter 65. Land Use Defnitions and Development Standards.] - [Moved to new Ch. 65. Land Use Definitions anrl Devt. Standards.] .[Moved to new Chapter 65. Land Use Defnitions and Devt. Standards.] 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 ''. [Moved to new Ch. 65. Land Use Definitions and Devt. Stand�r�r.] ''..�� [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] � 1�� -�� 2 8 �irport. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] AIZey. A dedicated public way not more than thiriy (30) feet wide affording a secondary means of access to abutting properiy and not intended for general traffic circulation. Alteration. Any change, addition or modificarion in construction or type of occupancy, or in the slructural members of a building, such as foundations, walls or partirions, columns, beams or girders, the consumniated act of which may be referred to herein as "altered" or "reconstructed." , .[Moved to new Chapter 65. Land Use Defznitions and Development Standards.] .[Moved to new Ch. 65. Land Use Definitions and Devt. Standards.] , , . [Moved to new Chapter 65.] , .[Moved to new Ch. 65. Land Use Defznifions and Dwt. Standards.] �'_.:_. _, �__.___ �_�... [Moved to new Chapter 65. Land Use Definifrons and Development Standards.] , - . [Moved to new Chapter 65.] Apartment. A suite of rooms or a room in a mulriple-family dwelling arranged and intended for a place of residence of a single family. Applicant. The applicant for a building, grading or fill perxnit, plat approval or site plan review. Ars:�::, �:� ':�. [Moved to new Chapter 65. Land Use Defanitions and DeveZopmentStandards.] Attic. An unfinished space immediately below the roof of a main building. ��� bodyshejr. [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] ___ __._: _.______ .__...., _[Moved to new Chapter 65. Land Use Definitions and Development Standards.] �uta-�-¢pair-��terttarr. [Moved to new Chapter 65. Land Use Defanitions and Devedopment Standards.] �[Moved to new Chapter 65. Land Use Defnitions and Development Standards.] #ttta sj�ei��ty-star� [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] (Code 1956, §§ 60302--60307; Ord. No. 16799, 5-28-81; Ord. No. 17039, 7-7-83; Ord. No.10-6-83; Ord. No. 17204,1-15-85; Ord. No. 17521, §§ 1, 2, 1-6-88; Ord. No. 17550, § 1, 4-12-88; Ord. No. 17564, § 1, 5-19-88; Ord. No. 17680, § 1, 9-14-89; Ord. No. 17889, § 1, 11-21-89; C.F. No. 93-279, § 2, 3-25-93; C.F. No. 93-1718, §§ 1--6, 12-14-93; C.F. No. 93-1815, §§ 1--3, 12-28-93; C.F. No. 95-352, § 1, 5-3-95; C.F. No. 95-557, § 1, 6-14-95; C.F. No. 95-471, § 1, 8-9-95; C.F. No. 95-1060, § l, 9-27-95; C.F. No. 95- 1140, § 1, 10-18-95; C.F. No. 96-462, § 1, 6-5-96; C.F. No. 96-694, § 1, 7-10-96) Sec.60.203�. B. Backwater. A body of water connected with, but little affected by, the main stream. Barge fleeting area. An area on the river, on or off channel, where barges are temporarily parked and secured while tows are assembled or broken up. Barge slip. A basin, usually adjacent to a wharf, jetty, dock or other cargo-handling facility, where barges aze brought for the purposes of loading or unloading cargo. Basement. �}mt A portion of a building vvhieli that is partly �y below grade but and so located that the vertical distance from the average grade to the floor is less than the vertical distance from the average grade to the ceiling (that is, more than half way above g�ound). This portion of`abuilding is not a completed structure and serves as a substructure or foundation for a building. Basement (River Corridor District only). Any area of a structure having its floor subgrade (below ground level) on all four (4) sides. .[Moved to new Chapter 65 Land Use Definitions and Devt. Standards.] Block. The property abutting one side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating); or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other physical barrier to the continuity of development, or corporate boundary line of the municipality. Bluffline. A line along the top of certain steep slopes facing the Mississippi River V alley as shown on the River Corridor Zoning Maps. In any particular case, the bluffline shall mean a line drawn along the top of the bluff such that the slope below the line is steeper than eighteen (18) percent and the slope above is eighteen (18) percent or less. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] $amt�iytg3t�: [Moved to new Chapter 65. Land Use Defznifions and Development Standards.] .[Moved to new Ch¢pter 65. Land Use Definitions and DeveZopment Standards.] .[Moved to new Ch¢pter 65. Land Use Defznitions and Devt. Standards.] $�'�troery��rafi�rrtrk [Moved to new Chapter 65. Land Use Defznitions and Developmenf Standards.] Buildable area. That area of a platted lot lying within the required setbacks, exclusive of those areas that are prohibited from development due to steep slopes, wetlands, easeme�ts or other conditions proteeted by ordinance or legal ageement. zn 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 246 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 03-� 028 Building. Any permanent structure having a roof supported by columns or walls, specifically excluding the trailers �r and semitrailers as defined by Minnesota Statutes, Chapter 169. Building code. The Minnesota State Building Code, as adopted by the City of Saint Paul under Chapter 33 of the Saint Paul Legislative Code. Building height. The vertical distance measured from the established grade to the highest point of the roof surface for flat and shed roofs; to the deek break line of mansard and gambrel roofs; and to the average height between eaves and ridge for gabl� and hip arid�rribre} roofs. Where a building is located on sloping terrain, the height may be measured from the average gound level of the grade at the building wall. The existing �ade of the property may not be raised around a new building or foundation in order to comply with the height requirements of this code. When there is a dormer build into the roof, the height is measured to the midpoint of the dormer roof if the dormer(s) exceeds fifty (50) percent or more of the width of any side of the building. Building line. A line formed by the above grade face of the building, and for the purpose of this code, a minimum building line is the same as a front setback line. Building, totaZly or completely enclosed. A structure which provides for all uses to be carried on within walls, and is fumished with doors so that the facility may be totally closed from access. Business. The engaging in the purchase, sale, barter or exchange of goods, wares, or merchandise or the maintenance or operation of offices or recreational or amusement enterprises, or the furnishing of services for compensation. (Code 1956, §§ 60308--60314, 60318; Ord. No.16876,1-28-82; Ord. No.17039, 7-7-83; Ord. No.17204,1-15-85; Ord. No.17393, § 1, 9-4-86; Ord. No. 17476, § 2, 7-15-87; Ord. No. 17889, § 2, 11-21-91; C.F. No. 92-479, § 1, 10-29-92; C.F. No. 91-531, § 1, 5-6- 93; C.F. No. 96-77, § 1, 2-14-96; C.F. No. 96-1594, § 1, 1-22-97) Sec.60.2043. C. Caliper inches. The length of a straight line measured through the trunk of a tree six (6) inches above the ground. Canopy. The horizontal extension of a tree's branches in all directions from its trunk. Capitol area. The azea encompassing the state capitol and its surroundings as shown on zoning maps. The zoning regulations in this area aze under the jurisdiction of the Capitol Area Architectural and Planning Board. Cellar. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling (that is, more than half-way below ground). This portion is not a completed stnxcture and serves as a substructure or foundation for a building. City engineer. The so designated city engineer of the deparhnent of public works of the City of Saint Paul. Clear cutting. The removal of an entire stand of trees and shrubs. $ � i l � i � t � t � i� [Moved to new Chapter 65. Land Use Definitions and Development Standards.] LZLiIT. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �ltrst��^�ro2�opm�ret- [Moved to new Chapter 65. Land Use Deftnitions and Development Standards.] Code. "Code" or "this code," unless the context clearly indicates the Legislarive Code or some other code (building, housing, fire, etc.) means the Saint Paul Zoning Code. $Bff��cias�Ic: [Moved to new Chapter 65. Land Use Definitions and Devetopment Standards.] , .[Moved to new Chapter 65. Land Use Definihons and Devt. Standards.] Corniztercial vehicZe. Any �elricle�serYiug pwposes=other thau the firansportatioa� of persons or registered for a`gross vehicle weight of more than n�ne fhovsand (4000) gounds. This definitian`inclades, but, is nort limiised'fio buses;�settii trailers, tractars, skid loaders, flat6eds dutnp trucks; hearses,farm equipment, trai�ers, and ttucks that are design�d..£or use in-construction, snow remoual or tXea tcunming. . [Moved Yo new Chapter 65. ] . [Moved to new Chapfer 65.] [Moved to new Chapter 65.] Comprehensive plan. . The city's comprehensive plan, being a compilation o� policy statements, goals and objec�ives, standards, maps, and statistic�al datato guidethephysical, social and ecoiramic �evelopmestt; both public�and private; of the coinxnnnity, as adopYed by tha ci#y c6anc�1, �oluding airy amendments ar small areaptans adopted as addenda to the comprehensive plan. [Moved to new Chapter 65. Land Use Definikons and Development Standards.] Council. The council of the City of Saint Paul. £ztn [Moved to new Ch¢pter 65. Land Use Defnitions and Development Standards.] {Code1956,§§60315--60.317,60314;Ord.No.16876,1-28-82;OLd.No.17034,1-7-83;OLd.No.17054,10-6-83;Ord.No.17204, 1-15-85; Ord. No. 17564, § 2, 5-19-88; Ord. No. 17646, § 3, 4-6-89; Ord. No. 17845, § 1, 6-27-91; Ord. No. 17889, § 3, 11-21-91; C.F. No. 93-1718, § 7, 1214-93; C.F. No. 94-1863, § 1, 1-18-95; C.F. No. 96-1342, § 1, 11-13-96; C.F. No. 00-972, 11-3-00) Sec.60.205#. D. �ttq'ear� [Moved to new Chapter 65. Land Use Defanitions and Development Standards.] 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 � �3�xxe�h�1� pttb�it` [Moved to new Chapter 65. Land Use Definitions and Development Standards. y � �t DBH. Diameter at breast height, or the diameter in inches of a tree measured at four and one-half (4 '/z) �e�"ab�ve the existing grade. Dwelopment. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot,'or the use of open land for a new use. Development(RiverCorridorDistrictonly). Themaldngofanymaterialchangeintheuseorappearanceofanystructure or land including, butnot limited to: a reconstruction, alterarion ofthe size, or material change in the external appearance, of a structure or the land; a change in the intensity of use of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a slructure; clearing of land as an adjunct to construcrion; deposit of refuse, solid or liquid waste, or fill on a parcel of land; or the dividing of land into two (2) or more parcels. District. A portion of the incorporated area of the municipality within which certain regularions and requirements or various combinations thereof apply under the provisions of this zoning code. �arn:itary. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Drip line. An imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground. - � > - - .[Moved to new Chapter 65. Land Use Definitions and Development Standards.) - .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] - .[Moved to new Chapter 65. Land Use Defanitions and Development Standards.] - (Moved to new Chapter 65. Land Use Defnitions and Development Standards.] - .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] .[Moved to new Chapter 65. Land Use Defenitions and Development Standards.] Dwelling unit. A building, or portion thereof, designed for occupancy by one family for residential purposes used or intended to be used for living, sleeping and cooking or eating purposes. (Code 1956, §§ 60320--60.327; Ord. No. 16876, 1-28-82; Ord. No. 16956, 9-9-82; Ord. No. 17039, 7-7-83; Ord. No. 17524, § 3, 1-6-88; Ord. No. 1754Q § 1, 2-18-88; Ord. No. 17646, § 4, 4-6-89; Ord. No. 17889, § 4, 11-21-91; C.F. No. 93-1718, §§ 8, 9, 12-14- 93; C.F. No. 00-972, 11-8-00) Sec.60.2065. E. Earth-sheltered structure. Any completed building constructed so that fifty (50) percent of the exterior surface area of the building excluding garages and other accessory buildings is covered with earth, and constructed to the following standards: (1) Eighty (80) percent or more of the roof area is covered with a minimum depth of twelve (12) inches of earth; (2) Fifty (50) percent or more of the wall area is covered with a minimum depth of twelve (12) inches of earth; (3) Those portions of the structure not insulated with a minimum of seven (7) feet of earth shall have additional insulation. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Erected. The word "erected" includes built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the building or sh Excavation, fill, drainage and the like shall be considered a part of erection. Erosion. The general process by which soils are removed by flowing surface or subsurface water or by wind. Essential services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission or dish system collection, communication, supply or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connecrion therewith, but not including buildings, which are necessary far the fumishing of adequate service by such utilities or municipal departments for the general health, safety or welfaze. Excavation. Any breaking of ground, except common household gardening and ground care. (Code 1956, §§ 60328--60330, 60.396; Ord. No. 16876, 1-28-82; Ord. No. 17039, 7-7-83; Ord. No. 17845, § 2, 6-27-91) Sec.60.2076. F. Faciliry resident. A person who resides in a communityresidential facility and contributes toward meering the facility's licensed capacity. Family. One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared far children (and including the domestic employees thereQf j together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code. Fence, obscuring. A fence which is eighty (8�) percent or more opaque. 385 386 387 388 389 39Q 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 f ntishi�tgsJtopr [Moved to new Chapter 65. Land Use Definitions and Development Standards. f�� �' �� 2�' Firearm. Any weapon from which is propelled any missile, projecrile, bullet or other mass through a barrel by means of explosives or gas or air, but excluding anrique firearm, children's toy, "BB" gun, scuba gun, stud gun, nail gun, or similaz industrial tool or medical instnunent. Firearms dealer. A person who is federally licensed to sell firearms. Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood fringe. That portion of the floodplain outside of the floodway. Flood proof ng. Those methods of conshucrion described in the Uniform State Building Code which, when applied to structures or properties, will prevent or mitigate damage from floods. Flood protection elevation. That elevarionnot less than one (1) foot above the water surface profile associated with the regional flood plus any increases in flood heights atiributable to encroachments on the floodplain. Flood, regional. A flood which is representarive of lazge floods Imown to have occuned and characterisric of what can be statisrically expected to have a one-percent (1 %) chance of being equaled or exceeded in any given year seenr and have water surface elevations equal to those filed with and made a part of the River Corridor District Zoning Map. Regional flood is synonymous with the term "base flood" in the Flood Insurance Study, and is commonly referred to as the "100-year flood" or "1 % chance flood." Flood, standard pr-oject. The flood that may be expected from the most severe combinarion of the meteorological and hydrological conditions that is considered reasonably characterisfic ofthe Saint Paul geographic area, excluding extremely rare combinahons. Such floods aze intended as practicable expressions of the degree ofprotection that should be sought in the design of flood-control works, the failure of which might be disastrous. Floodplain. The areas adjoining a watercourse at or below the water surface elevation associated with the regional flood that have been or hereaftex may be covered by the regional flood. Floodway. The channel of the watercourse and those portions ofthe adjoining floodplains which have been determined necessary to cazry and discharge the regional flood. The floodway has been determined in accordance with Minnesota Statutes, Chapter 104, and Minnesota Regulations NR 85. Floor area. The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached gazages, or space used for off-street parking or loading, breezeways, and enclosed and unenclosed porches, elevator or stair bulkheads and accessory siructures. Floor area, gross (for the purposes of computing parking). The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separaring two (2) buildings. The gross floor area measurement is exclusive of azeas ofunfinished basements, unfinished cellars, unfinished ariics, attached gazages, space used for off-street parking or loading, breezeways, enclosed and unenclosed porches and accessory structures. However, unfinished basements and unfinished cellars are counted as storage space for purposes of ineeting parking requirements. Floor area, gross leasable (Por the purposes of computing shared parking under section 63�.42063{ej). The total floor area of a building or shuchue designed far the tenants' occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the outside face of the exterior walls and from the centerline of common walls or joint partitions. All that azea for which tenants pay rent, including sales and integral stock areas, but excluding stairwells, elevator shafts, mechanical rooms, space related to the operarion and maintenance of the building, and lobbies and battuooms located for common or public use rather than for tenant or internal use. Floor area ratio (F.A.R.) The total floor area of all buildings or strucriues on a zoning lot divided by the area of said lot. Floor area, usable. That area used for or intended to be used for the sale of inerchandise or services, or for use to serve patrons, clients or customers and all that azea devoted to employee workspace. Such floor area which is used or intended to be used principally for the storage of inerchandise, hallways, elevator or stair bulkheads or for utilities or sanitary facilifies shall be excluded from this computarion of "usable floor area." Measurement of usable floor area shall be the horizontal areas of the several floors of the building, measured from the exterior faces to the exterior walls. �erist. [Moved to new Chapter 65. Land Use Def2nitions and Development Standards.] �oo�sk�f. [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] i osierics�ne: [Moved to new Chapter 65. Land Use Defanitions and Development Standards.] �i [Moved to new Chapter 65. Land Use Deftnitions and Development Standards.] .[Moved to new Chapter 65. Land Use Defnitions and Devf. Standards.] Front setback line. A line which is parallel to the front lot line which establishes the minimum front yard depth of a zoning lot. The location of such front setback line shall be determined by the required depth of the front yard as prescribed in the dirnensioaal standards of this code (Chapter 664). �-� ' ���� 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 440 491 492 493 494 495 496 497 498 499 (Code 1956, §§ 60331--60336, 60339, 60396; Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 16956, 9-9-82; Ord. No.17039, 7-7-83; Ord. No.17204,1-15-85; Ord. No.17524, § 4, 1-6-88; Ord. No. 17646, § 4, 4-6-89; Ord. No. 17845, § 3, 6-27-91; C.P. No. 91-53 i, § 2, 5-6-93; C.F. No. 91-261, § 1, 11-23-93; C.F. No. 95-20, § 1, 3-15-95; C.F. No. 95-203, § 1, 3-22-95; C.F. No. 95-1140, § 2, 10-18-95) Sec.60.2083. G. Grade. The elevarion established for the purpose of regulating the nuxnber of stories and the height of buildings. Grade shall be the mean level of the fmished surface of the ground adjacent to the exterior walls of the buildings. fn'�t3totrs�: [Moved to new Chapter 65. Land Use Definirions and Development Standards.] C�GC.��snza'r. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Guest room. A room or a group of rooms forming a single habitable unit which is located within the walls of a dwelling unit and which is used or intended to be used for sleeping and living, but not for cooking or eating purposes and which is let individually as a unit. The guest room, designed and intended to be rented to a single parry, shall consist of no more than two (2) rooms, not including bathing faciliries, of which only one (1) shall be a sleeping room. $a�tsh�jr. [Moved to new Chapter 65. Land Use Definifions and Development Standards.] (Code 1956, §§ 60337, 60340, 60.397, 60398; Ord. No. 17039, 7-7-83; Ord. No. 17393, § 1, 9-4-86; Ord. No. 17470, § 1, 7-1-87; C.F. No. 95-20, § 2, 3-15-95; C.F. No. 95-1140, § 3, 10-18-95) Sec.60.209'&. H. Hazardous waste. Any refuse or discarded material or combinations of refuse or discarded materials in solid, semisolid, liquid or gaseous form which cannot be handled by rourine waste managementtechniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological or physical properties. Categories of hazardous waste include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include sewage sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. .[Moved to new Ch. 65. Land Use Defcnitions and Devt. Standards.] �trFtT�r. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �lij�rl'r [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �ist�jz [Moved to new Chapter 65. Land Use Defanitions and Development Standards.] [Moved to new Chapter 65. Land Use Defznitions and Devt. Standards.] [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] Historic structure (River Corridor District only). Any structure that is: (1) Listed individually in the National Register of F3istoric Places (a listing maintainedby the Department of Interiox) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic distnct ar a district preliminarily determined by the secretary to qualify as a registered historic district; or (3) Designated by the city as a heritage pxeservation site. $attte-aeeaPati�rt [Moved to new Chapter 65. Land Use Definitrnns and Development Standards.] �fospie�� [Moved to new Chapter 65. Land Use Defanitions and Development Standards.] �h5spittt� [Moved to new Chapter 65. Land Use Definitions and Development Standards.] [Moved to new Land Use Definitions and Development Standards.] (Code 1956, §§ 60341, 60.342; Ord. No. 17039, 7-7-83; Ord. No. 17302, § 1, 10-29-85; Ord. No. 17524, § 5, 1-6-88; Ord. No. 1755Q § 4, 4-12-88; Ord. No. 17564, § 3, 5-19-88; Ord. No 17680, § 2, 9-14-89; Ord. No. 17845, § 4, 6-27-91; C.F. No. 91-531, § 3, 5-6-93; C.F. No. 95-1140, § 4, 10-18-95) Sec. 60.2109. I. .[Moved to Sec. 60.220. S. Sewage treatment system, individual.] .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] Infectious waste. Waste meeting the definition of "infecfious waste" under Minnesota Statutes, section 116.76, subdivision 12. Institutional uses. For the purposes of siting cellulaz telephone antennas, schools (excluding day care uses), parks, cemeteries, golf courses, sports arenas, churches, hospitals, libraries, athleric fields, and land or structures owned by the ciry, county, state, or federal govemments. .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Ord. No. 17889, § 6, 11-21-91; C.F. No. 92-1217, § 1, 10-6-92; C.F. No. 93-906, § 1, 11-4-93; C.F. No. 97-565, § 1, 6-11-97) Sec.60.2ll9. J. Sec.60.2124. K. � . . , , . , , . 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 Sec. 60.213�. L. �'. � r1 Z(3 C ' '' iJ O Landscaping. Includes plants such as trees, grass and shrubs. Limits of disturbance. The total area within a development site that will be disturbed in any way for land alteration or construction. Loadingdock. A lazge building door primarily used for loading/unloading items from trucks. The floor of a loading door dock is raised above the huck ramp's surface. This excludes bay doors that u+hiek are lazge building doors through which vehicles can drive. Loading space. An off-street space, on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials. Lot. A parcel of land occupied, or intended to be occupied, by a main building or a group of main buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this zoning code. A lot may or may not be specifically designated as such on public records. Lot area. The total horizontal area within the lot lines of the lot. Lot, corner. A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets is less than one hundred thirry-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this code if the arc is of less radius than one hundred fifiy (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight street line, extended, form an interior angle of less than one hundred thirty-five (135) degrees. Lot coverage. The part or percent of the lot occupied by the above-grade portion of buildings. Lot depth. The average horizontal distance between the front and rear lot lines. Lot, ir�terior. Any lot other than a corner lot. Lot lines. The lines bounding a lot as defined herein: (1) Front Lot Line: For an interior lot, the line separaring said lot from the street. For a corner lot, the line separating said lot from either street. For a through lot, the line separaring said lot from both streets. (2) Reaz Lot Line: The lot line opposite the front lot line. In the case of a 1ot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot. (3) Side Lot Line: Any 1ot line other than the front 1ot line or rear lot line. A side lot line sepazating a lot from the sh is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. Lot ofrecord. A platted parcel of land, the dimensions of which are shown on a document or map on file with the county recorder and which parcel of land actually exists as so shown; in no case shall a portion of an original platted lot constitute a lot of record. Lot, reversed frontage corner: A corner lot, the rear lot line of which abuts a side lot line of an abutting lot. Lot, through. Any lot having frontage on two (2) more ar less parallel streets as distinguished from a corner lot. Lot width. The horizontal distance between the side lot lines, measured at the two (2) points where the building line or setback line intersects the side lot lines. Lot, zoning. A single tract of land which, at the time of filing for a building permit, is designated by its owners or developers as a tract to be used, developed or built upon as a unit, under ownership or control of one person or joint tenants. A zoning lot shall satisfy this code with respect to area, size, dimensions and frontage as required in the district or districts in which the zoning lot is located. A zoning lot, therefore, may or may not coincide with a lot of record as filed with the county recorder but may include one or more lots of record. (Code 1956, §§ 60344--60356; Ord. No. 16799, 5-28-81; Ord. No. 16876, 1-28-82; Ord. No. 16956, 9-9-82; Ord. No. 17524, § 6, 1-6-88; Ord. No. 17889, § 5, 11-21-91; C.F. No. 95-203, § 2, 3-22-95; C.F. No. 00-130, § 1, 3-1-00) Sec.60.2143. M. Main (principal) building. A building in which is conducted the principal use of the zoning lot upon which it is situated. Main (principal) use. The principal use to which the premises are devoted. Major expansion. An expansion involving a riventy (20) percent or greater addition to the totalland area presently covered or used by a residenrial, industrial, commercial, recreational or public facility. .[Moved to Sec. 60.221. T. Thoroughfare, Major.] Manufactured single family dwelling. A struchxre transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when coxmected to the required utilities. No manufactured dwelling shall be moved into the City of Saint Paul which does not meet the Manufactured Home Building Code as defined in Minnesota Statutes, Section 32731, Subdivision 3. lbfassag�t�ttt�- [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Master plan . , , , $5� 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 5$5 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 � � byfi�cceztq-eaunei� A plan for a specific site proposed for development or redevelopment under the provisions of the TN3 District, in order to demonstrate compliance with the intent of that district. , [Nloved to new Chapter 65. Land Use Definitzons and Development Standards.] .[Moved to new Chapter 65. Land Use Defanitions and DeveZopment Standards.] Mezzanzne. An intermediate level or levels between the floor and ceiling of any story with an aggegate floor area of not more than one-third (�/s) of the area of the room or space in which the level or levels are located. 3cfi�ring [Moved to new Chapter 65. Land Use Defznikons and Devetopment Standards.) Mississippi River Corridon That area of the city within the boundaries of the Mississippi River Corridor Crirical Area, established by Executive Order No. 79-19. .[Moved to new Chapter 65.Land Use Definifions and Dwt. Standards.] Multiuse retail center. A single, unified development on one (1) zoning lot u+hiek that provides commercial space to a variety of retail uses and has at least twenty thousand (20,000) square feet of gross leasable azea. MunicipaZity. The City of Saint Paul. (Code 1956, §§ 60357--60362, 60389, 60393, 60.594; Ord. No. 16876,1-28-82; Ord. No.169li, 4-27-82; Ord. No. 17039, 7-7-83; Ord. No. 17054, 10-6-83; Ord. No. 17564, § 4, 5-19-88; Ord. No. 17689, § 1, 10-26-89; Ord. No. 17777, 10-11-90; Ord. No. 17845, § 5, 6-27-91; C.F. No. 93-1718, § 10, 12-14-93; C.F. No. 97-1406, § 1, 12-10-97) Sec.60.215#. N. Net acreage, net area. The azea of a tract or pazcel that is designated for development on a master plan, site plan or other development plan, not including any area occupied by a public or private sireet or alley right-of-way, pedestrian right-of- way, designated wetland or warterbody, or dasia ated public open space. Nonconforming building. A lawfu] building existing on the effective date of adoption (October 24, 1975) or amendment of this code but that does not now comply with the area, width, height, yard, percent of lot coverage, or other regularions concerning bulk or location on the lot, or spacing requirements from another use, off-street parldng and loading requirements, or other regulations of the district in which it is located. Noncoxiforming use. A lawful use existing on the effective date of adopfion (October 24, 1975) or amendment of this code but that is not now pernutted in the district in which it is located. Normal highwater mark. A mark delineating the highest water level that has been maintained for a sufficient period of rime to leave evidence of the level upon the landscape. It is commonly that point where the natural vegetation changes from predominantly aquaric to predominantly terrestrial. When the normal highwater mark is not evident, setbacks shall be measured from the stream bank of the main channel, adjoining side channels, backwater and sloughs. Nuisance. A substantial unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious or offensive. �Ntt�szng hant� [Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Code 1956, §§ 60363--60365(1); Oid. No. 16876, 1-28-82; C.F. No. 96-307, § 1, 4-24-96) Sec. 60.2165. O. Obscene. Obscene has the same meaning as defined in Chapter 274 of the Saint Paul Legislarive Code. Obscene work. Obscene work has the same meaning as defined in Chapter 274 of the Saint Paul Legislative Code. Obstruction (River Corridor District only). Any dam, wall, wharf, embankrnent, levee, dike, pile, abuhnent, projection, excavafion, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direcrion of the flow of water, either by itself or by catching or collecting debris camed by such water. - [Moved to Sec. 60.217. P. below.] 9ro2r�tightsh�t�t- [Moved to new Chapter 65. Land Use Defnitions and Development Standards.} Open space. Land and water:areas retained for use as active or passive recreation areas ar far resource protection: Por thecakculation of minimum�open:spac� witltin�a ThF3 Traditional Neighborhood District developm�nt, open space�sflalI not inolud�parking faciliYies;.driveways; atllity or sarvice areas, or:required yards. Owner. "Ownership" or "owner" shall mean holder of fee simple title. (Code 1956, §§ 60366, 60367; Ord. No. 16799, 5-28-81; Ord. No. 17564, § 5, 5-19-88; Ord. No. 17845, § 6, 6-27-91; C.F. No. 91- 531, § 4, 5-6-93) Sec.60.2176. P. .[Moved to new Chapter 65. Land Use Defnitions and Development Standards.] Parking. The placement of automobiles, trucks, trailers, semitrailers, intermodal cargo containers, or other vehicles for five (5) or fewer days. .[Moved to new Chapter 65. Lantl Use Definitions an d Devt. Standards.] 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 O3-io2-8 Parking facility, off-street. All areas, spaces and structures designed, used, reflaired iJ�t to be used for the parking of more than three (3) motor vehicles. This definition is intended to includ"e ade�ual��ways, accessways, parking bays, garages, of a combinarion thereof, but does not include public roads, streets, highways and alleys. Parking space. An azea of definite length and width designed for pazking of motoz vehlcles; said area shall be exclusive of drives, aisles or entrances giving access thereto. Pathological waste. Waste meeting the definirion of "pathological waste" under Minnesota Statutes, section 116.76, subdivision 14. 3�zscftsh�ap: [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Planningadmznistr-atororplanningcoordinator. Theheadofthedivisionofplanningofthedeparhnentofplanningand economic development of the City of Saint Paul, or such employees under his duection as he may designate. Planning department. The division of planning of the department of planning and economic development of the City of Saint Paul. Planning district. One (1) of seventeen (17) geographic areas delineated, and from time to time amended, by the city council to facilitate citizen participarion, early notification of proposed city acrions, and planning far the purpose of detemuning concentration of communityresidenrial facilities. Planning District Thuteen is divided into three (3) separate planning districts: Merriam Pazk, Snelling-Hamline and Lexington-Hamline. An official map of the designated areas is maintained by the deparhnent of planning and economic development. Ponding area. A basin which retains stormwater runoff from an adjacent area. Principal use or building. (See "main building" and "main use.") Public realm. That aspect of the urban environment that is visible and aceessible ta the public, including both public spaces — such as streets, plazas, sidewalks and parks — and the building walls that frame them. Public utility. A person, firm or coxporation, municipal department, board or commission duly authorized to fumish and furnishing to the public, under fedexal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportarion or water. (Code 1956, §§ 60368--60371, 60395; Ord. No. 16799, 5-28-81; Ord. No.16876, 1-28-82; Ord. No. 17845, § 7, 6-27-91; C.F. No. 93-906, § 2, 11-4-93; C.F. No. 96-1028, § 1, 10-9-96; C.F. No. 98-216, § 7, 4-8-98; C.F. No. 00-130, § 2, 3-1-00) Sec.60.218�. Q. Sec.60.2198. R. Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obshuction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically consritute a reach. Recyclable material. Reusable material including, but not limited to, glass, plastics and syntheric materials, paper products (such as newspapers, stationery, scrap paper, computer paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, and building materials, but not including yard waste or mixed municipal solid waste (garbage). .[Nloved to new Ch¢pter 65. Land Use Defznitions and DevelopmentStandards.] - .[Moved to new Chapter 65. Land Use Deftnitions and Development Standards.] .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] Regulatory flood protection elevation. That elevation not less than one foot above the water surface profile associated with the regional flood plus any increase in flood heights attributable to encroachments on the floodplain. ?�?s%*a�%- [Mwed to new Chapter 65. Land Use Definifions and Development Stand¢rds.] - .[Moved to new Chapter 65. Land Use Defenitions and Development Standards.] , - [Moved to new Chapter 65. Land Use Definifions and Development Standards.] . , , - - , $ttantirtgh�tts�r [Moved to new Chapter 65. L¢nd Use Defirtilions and Development Standards.] Root zone. The area under a tree that is at and within the drip line of a tree's canopy. (Code 1956, §§ 60372--60375; Ord.No.16876,1-28-82; Ord.No.17689, § 2,10-26-89; Ord. No.17777,10-11-90; Ord. No.17889, § 7, 11-21-91; C.F. No. 92-479, § 2, 10-29-92; C.F. No. 91-531, § 5, 5-6-93; C.F. No. 93-1718, § 11, 12-14-93; C.F. No. 95-472, § 1, 5-31-95; C.F. No. 96-462, § 2, 6-5-96; C.E No. 97-1406, § 2, 12-10-97) Sec.60.22�i9. S. Setback. The distance required to obtain front, side or rear yard open space provisions of this code, measured from the lot line to the above-grade faces of the building. . [see below] 669 67Q 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 -,. (� Sewage treatment system, individual . A sewage h system or part thereof se'rving � d�v�ii�, or other establishment or group thereof, that uses subsurface soil treatment and disposal or aboveground soil treatment in ueas of high water table or bedrock or rapidly or slowly permeable soils. .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] � Shoreland. Land located within the following distances from public waters (a) One thousand (1,000) feet from the normal high water mark of a lake, pond, or flowage; and (b) three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The pracrical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landwazd from the waters for lesser distances, as deternuned by the Minnesota Department of Natural Resources. Sign. (See Chapter 64d Signs.) SLopes, steep. Slopes which are steeper than one hundred (100) feet horizontal to twelve (12) feet vertical but are not steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (12%--18%). Slopes, very steep. means Slopes wluch are steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (18% and over). .[Moved to new Chapter 65. Land Use Definifions and Devt. Standards.] �flra�it7rhous� [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] Specified anatomical areas: (1) Less than completely and opaquely covered: a. Human genitals; b. Pubic region; c. Buttocks; and d. Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexz�al activities: (1) Human genitals in a state of sexual stimulation or azousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling or other erotic touching of huxnan genitals, pubic region, buttock or female breast. (4) No obscene work shall be allowed. $t�Kz fairpttrhittg:- [Moved to new Chapter 65. Land Use Deflnitions and Development Standards.] .[Moved to new Chapter 65. Land Use Definitions and Devt. St¢ndards.] Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing ormanufacturing; finished products ofa servicing, processing or manufacturing operation; equipment; portable storage containers but excluding h containers ar garbage dumpsters vvi:ieti tliat are accessory to the main use; and automobiles, irucks, automobile trailers, semitrailers, intermodal cargo containers, or other vehicles not used for more than five (5) days. Story. That part of a building, except a mezzanine, as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floar above, then the ceihng next above. A basement shall not be counted as a story. Story, half. An uppermost story lying under a sloping roof having an area of at least two hundred (Z00) square feet with a clear height of seven feet six inches (7' 6"). For the purpose of this code, the gross floor area is only that area having at least four (4) feet clear height between floor and ceiling. Street. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting properry. Street, collector. A street connecring neighborhoods within the same communities and designed to carry ttaffic from local streets to the arterial system. Street Zine. The property line separating private or public properry from a designated street. Street, Zocal. A street connecting blocks within neighborhoods and designed for short trips at low speeds. Structure. Anything constructed or erected, the use of which requires location on the ground or attachxnent to something having location on the ground. Superintendent of parks. The superintendent of parks of the City of Saint Raul. Swimming pool. A pool or tub constructed either above ar below grade and having a capacity of five thousand (5,000) or more gallons. (Code 1956, §§ 60.376--60.385; Ord. No. 16876, 1-28-82; Ord. No. 16913, 4-27-82; Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-15- 85; Ord. No. 17564, § 6, 5-19-84; Oid. No. 17646, § 4, 4-6-89; Oid. No. 17667, § 1, 7-13-89; Ord. No. 17827, § 1, 5-9-91; Ord. No. 17845, § 8, 6-27-91; Oxd. No. 17889, § 8, 11-21-91; CF. No. 92-1479, § 1, 12-15-92; C.F. No. 91-261, § 3, 11-23-93; C.F. No. 97- 1089, § 1, 10-1-97; C.F. No. 98-216, § 8, 4-8-98) 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 ,774 775 776 777 778 779 780 '�''= 1�28 Sec.60.2219. T. ,., �� Temporary use or building. A use or building pernutted to exist under specific stipulafions of this code during periods of construction of the main building or use, or for special events. , � Thoroughfare, major. An arterial street which is intended to serve large volumes of traffic for both the municipal area and the region beyond and shall include the following as defined in the comprehensive plan: (1) Principal Arterial: A street serving the entire metropolitan azea and designed for high-volume, high-speed traffic, accessible only from enirance and exit ramps; principal arterials aze often referred to as freeways. (2) Intermediate Arterial: A street connecting subregions and communiries and designed to carry medium distance trips at high speeds; ideally direct access should be at major activity centers such as shopping centers. (3) Minor Arterial: A street connecring adj acent subregions and communiries within the same subregion and designed to carry medium distance irips at moderate speeds; many of these streets are characterized by adjacent residential uses. .[Moved to Sec. 60.203. B. Building, totally or completely encZosed.] Transit street. Those streets or segments of streets where there is high volume transit service and/or a minimum leuel of 10 minute peak frequency as follows: University Avenue, Robert Street between University Avenue and Concord Street, Concord Street between Wabasha Street and 3tate Street, and Wabasha Street between Twalfth Street and Winifred Street. .[Moved t� new Ghapter 65. Land Use Definitions and Devt. Standards.] Tree. Any self-supporting, woody, perennial plant, usually with one (1) main stem or trunk and many branches. Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. Such line shall be deternuned during all seasons as if under full foliage. .[Moved to new Chapter 65. Land Use Defanitions and Devt. Standards.] (Code 1956, §§ 60386, 60.387; Ord. No. 16876, 1-28-82; Ord. No. 17039, 7-7-83; Ord. No. 17845, § 9, 6-27-91; Ord. No. 17889, § 9, 11-21-91; C.F. 92-1479, § 2, 12-15-92; C.F. No. 00-130, § 3, 3-1-00) Sec.60.2224. U. Use. The principal purpose for which land or a building is being occupied. (Code 1956, § 60390) Sec.60.2233. V. Vnriance. (See: "zoning special condition uses and variances."} Vestibule. An enclosed entrance intended for the conservation of energy and attached to an enhy way of a principal sh'ucture. -b£tet�� [Moved to new Chapter 65. Land Use Deftnitions and Development Staradards.] (Code 1956, § 60397; C.F. No. 93-1718, § 12, 12-14-93) Sec.60.2243. W. Wetlands. Low-lying areas which may be covered with shallow «ater. They are frequently associated with a highwater taUle. Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands. They may occur adjacent to or within natural drainageways or as freestanding low areas. Wetland shall consist of Types 1--8 as defined in U.S.D.L Fish and Wildlife Circular 39. '`_.'_� '; _�:_:'.':,,.':.._�::_ [Moved to new Chapter 65. Land Use Definitians and Development Standards.] (Ord. No. 16876, 1-28-82; C.E No. 92-1718, § 13, 12-14-93) Sec.60.225#. X. Sec.60.2265. Y. Yard waste. A collection of lawn clippings, leaves, weeds, gazden wastes and prunings. _ . __ .___._ ____, __.___:_ _:_.'. [MovedtonewChapter65. Land UseDefinitionsandDevt. Standards.] , [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] Yards. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this code, and as defined herein: (1) Front yard: An open space extending the full width of the front lot line, the depth of which is the minimum horizontal distance between the front lot line and the nearest above-grade point of the main building. For a comer lot which is not a reversed frontage corner lot, the front yard shall adjoin a front yard in an adjoining lot. (2) Rear yard: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest above-grade point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage. 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 $18 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 � Y ., � � � � (3) Side yaxd: An open space between a main building and the side lot line, extending from the front yard to the reaz yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest above- grade point of the main building. (Code 1956, § 60391; Ord. No. 17827, § 2, 5-9-91) Sec.60.2276. Z. Zoning committee. An advisory committee to the planning commission, established under section 107.03 of the Saint Paul Administrarive Code. Zoning spQeirr� conditional uses and variances: (1) ST,eeia} Conditional uses: A speeia� conditiona] use is a use permitted only after review and approval of an applicarion by theplanning commission, orthe planning administrator where delegated to do so pursuant to section 61�300. (2) Variance: A modification of the literal provisions of the zoning code granted when strict enforcement of the zoning code would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. There are two (2) categories of variances: a Minor variance. A modificarion of a provisaon regulating a one-family detached dwelling and pertaining specifically to construction of a fence, a deck, a swimming pool, an accessory building, or an addition to the main building when the addition is not designed to convert the building for use by more than one (1) family. b. Major variance. A modificafion of a provision regularing any development not specifically included in the definirion of minor variance. Maj or variance includes any modification allowing the construcrion or moving of a one-family detached dwelling or allowing the addition of a second dwelling unit. (3) The "speeia� conditional use" differs from the "variance" in several respects. A specix} conditional use does not require hardship in order to be allowable. �Yie Conditional uses that are found in this code appexr-as uspeeixl require approvalu by the planning commission. These land uses could not be conveniently allocated to one (1) zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one (1) or more of the following: a. They require large areas; b. They are infrequent; a They sometimes create an unusual amount of traffic; d. They are sometimes obnoxious or hazardous; e. They are required for public safety and convenience. (Code 1956, § 60392; Ord. No. 17030, 6-7-83) ARTICLE III. 60.3:00: ZOI3ING DISTRICTS �E$ AND MAPS GEIVERALLY $�:6�rE363vS* *Editor's note--The nuxnbers in the vazious division and subdivision titles of this article are derived from the numbers given to the several sections of tlris part of the zoning code by the city and have been retained herein at the discretion of the editor for ease of reference by the user. ,_ • Sec. 60.30i9. Zoning districts established. For the purposes of this code, the City of Saint Paul is hereby divided into the following zoning districts: (a) RESIDENTIAL DISTRICTS- R=�L One-Family Large Lot Residential Districk R=1 One-Family Residenrial District: R=2 One-Family Residenrial Distnct.- R=3 One-Family Residential District. R=4 One-Family Residential Districtc RT=1 Two-Fanuly Residenrial District.- RT=2 Townhouse Residenfial Districtc RM=1 Low-Density, Low-Rise Multlple-Family Residential District: RM=2 Medium-Density, Low-Rise Multiple-Family Residenrial District.- RM=3 High-Density, Aigh-Rise Multiple-Family Residenfial District- (b) TRADITIONALNBIGIIBORFIOODDPSTRTCTS TNl TraditionaL Neighborkoail District TN2. Traditianal Neighborhood Disfrict : . , . :�1 .� :� .� ;.. :� .�. :� :�: �.. : 1 . : : : , : : :. :. .. .. ..� :. .. ... :.� . 1 . : � : : . . . : . � :'1 :: :: :: ::� ::. :: :.� :'1 .. :� c�> TN3 Traditional Neighborhood District BUSINESS DISTRICTSc OS=� Offic�Service Districr B=1 Local Business District- BC Community Business (Converted) District B=2 Community Business Dish B3 General Business District: B=4 Central Business District B=5 Central Business-Service District: (d) TNDUST'R1AL DISTRICT5- 1R River Corridor Industrial District I=1 Light Indush Dish I=2 General Industrial District.- I=3 Restricted Indush Distric� (e) CIVIC AND OPEN SPACE DISTRICTS CO Civic and Open Space District CV ConservancyDistriet (fl SPECIAL DISTRICTSc VP� Vehicular Parldng Dish PD Planned Development District. (g) OVERLAY DISTRICTS FP State Faix Parking Overlay District TP Tree Preservation Overlay Disirict SD Shepard Davem Redevelopmeht O�erlay I3istriot WB �Ti'hite Bear Avenue Overlay Disttict HV Hillcrest Village Overlay�Distriot (h) kIVERCORRIDOR Q�ERLAY DISTRICTS RC=1 River Corridor Floodway Ouerlay District- RG2 River Corridor Flood Fringe Overlay Districtc RC=3 River Corridor Urban Open Over.lay Disttict- RC=4 River Corridor Urban Aiversified OverIap Districtc ..�.�...�..R..... :. . .. : �,� ��? 1�28 , (Code 1956, § 60.400; Oxd. No. 17116, 3-22-84; Oxd. No. 17222, § 1, 3-14-85; Otd. No. 17511, § 6, 11-12-87; Osd. No. 17889, § 10, 11-21-91; C.F. No. O1-501, § 1, 7-5-01) Sec. 60i302: Priiirary and'overlaydisCricts. Primary zoning districts incl�de the districts listed iii section 60301(a) througfi.(fl. All property in the ciiy shail be located withim a primary zoriing;district. Overlay disfricts inotude the disfricts listed in secrion 60,3'Ol(g) and (hj Sec. 60.303 Official zoning maps. The City of Saint Paul is divided into various aoning districts shown on the maps accompanying this code, which maps are enritled "Zoning Map of Saint Paul." Such maps and any amendments, with all explanatory matter thereupon, are hereby made a part of this code and shall be as much a part of this code as if the matter and informafion set forth thereon were all fully described herein. (Code 1956, § 60.401) Sec. 60.304�. District boundaries interpreted. Where uncertainty exists with respect to the boundazies of any of the districts established in this code as shown on the zoning map, the following rules shall be applied: (ai Where district bomidaries are indicated as approximately following the centerline of streets or highways, sireet lines, highway right-of-way lines or railroad right-of-way lines, such centerlines, street lines or �iigktvxy right-of- way lines shall be consh to be said boundazies. (b�) Where district boundaries are sa indicated thattheq as approximately following the lot lines, such lot lines shall be construed to be said boundaries. (c3) VJhere district boundaries aze sa indicated tltatfiheq are as approximately parallel to the centerlines of streets or the centerlines of right-of-way lines of highways or railroads. such district boundaries shall be conshued as being 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 92A 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 parallel thereto and at such distances therefrom as indicated on the zoning map. If na �iidrh dis�s�C e� �,ven, such dimensions shall be detemiined by the use of the scale shown on said zoning map. (d�) VJhere the boundary of a dish-ict follows a stream, river, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the city unless othercvise indicated. (e5) Where the boundary of a dishict follows a subdivision boundary line, such boundary line shall be construed to be said dish boundary line. ( fl Decisions on Floodway and Flood Fringe Overlay District boundaries shall be based on the regional flood profile and examination of the floodway delineation on the Flood Insurance Rate Map and other supporting technical data in the Flood Insurance Study as adopted in section 68.102. (g6) Where unzoned property may exist, or where public right-of-way may be realigned, or where there is any uncertainty, contradiction or conflict as to the intendedlocation of districtboundaries shown thereon, interpretarion conceming the exact locarion of the district boundary lines shall be deternuned by resolurion of the city council upon recommendation by the plaiuiing commission. The commission may hold a public hearing. (Code 195b, § 60.402; Ord. No. 16956, 9-9-82) Sec. 60.3053. Zoning of vacated areas. Whenever any street, alley ar other public way within the city shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoneing district as the property to which it attaches. (Code 1956, § 60.403) (Code 1956, § 60.404) Sec. 604.}}3Q6. Zoning lot, more than one zoning designation. ' A use may be developed on a zoning lot that has two (2) or more zoning district designarions so long as the use is pemutted in each of the zoning districts. The minimum zoning requirements of each district shall apply to that part of the zoning lot in each zoning district. (C.F. No. 95-203, § 7, 3-22-95) Sec. 60.3075. More restrictive or less restrictive districts. When the code refers to more restrictive districts or less restrictive districts, the districts in order from more to less restrictive are: CV, CO, R=L�, R=1, R=2, R=3, R=4, RT=1, RT=2, RM=1, RM=2, �r RM=3, TN1, OS�, B=1, B�C, T'N2, B=2, TN3, B=3, 8=4, B=S, �EIR�, I=1, I=2, I=3. The VP� district shall be as resh`ictive as the district far which the VP=i� district provides accessory parldng. (CF. No. 96-307, § 2, 4-24-96; C.F. No. O1-501, § 1, 7-5-01) Chapter 61�. Zoning Code--Administration and Enforcemen�nts; ARTICLE I. 61560. GENERAL PROV ISIONS . . . . [Moved to §61201, Zoning administrator.) . . . . [Moved to §61.201, Zoning Adtninistrator.J ��� �. , r_._ ,,,__ �Moved to § 61.401.] Sec. 61�.1013. Building permits. No building permit shall be issued for the erection, alteration, movang or use of any building or structure or part thereof, or for the use of any land, which erection, alterafion, moving or use is not in accordance with all provisions of this code. No renewal of an expired building permit shall be issued for a use or structure made nonconforming by amendments to this code. (Code 1956, § 64.103; C.F. No. 93-1718, § 82, 12-14-93) Sec. 61�.1024. Certificates of occupancy. Certificates o£ occupancy as required by the Saint Paul Legislative Code shall also constitute certification of zoning compliance as required by this zoning code. (Code 1956, § 64.104) Sec.61�.1035. Finalinspection. The holder of every building permit for the construction, erecrion, alterarion, repair or moving of any building, structure or part thereof shall notify the zoning adminisirator immediately upon the completion of the wark authorized by such permit, for a final inspection. (Code 1956, § 64.105) 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 468 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 Sec. 61.1046d:5B�. Permits issued, documents to be recorded. �°,, �{ Upon approval of a site plan, permit, variance, or oYher zoning approval by the zoning or pl��achhinistrator, planning commission, board of zoning appeals or city council, the applicant shal] be issued a permit, or a letter of approval in the case of a site plan, upon which all condifions or limitations imposed shail be recarded. A certified copy of every speeia} condifional use pernut, modification granted by the planning commission or variance granted shall be filed with the county recorder or registraz of titles but shall not consritute an encumbrance on real properiy. All pernuts, modificarions and variances shall include the legal description of the property involved. (Ord. No. 17039, 7-7-83) . . , Sec. 614105�99. Period of decision ., ' . No decision ar�er of the zoning or planning administrator, planning commission, board of zoning appeals or the city council approving a site plan, permit, variance, or other zoning approval � shall be valid for a period longer than ene two (2) years, unless a building pemut farsttck is obtained within such period and sue}t the erection ar alteration of a buiiding is proceeding vritri under the terms of suclrpermit the decision, or the use is established within such period by actua] operation pursuant to the applicable conditions and requirements of tha approval, unless the bear�af zoning or pianning administrator grants an extension not to exceed one (1) year. , (Code 1956, § 64.208; Ord. No. 16907, 4-20-82) , Sec. 61.106. Similar use detarminxtion. When a specific use is not listed in �dtsgie#.the zoning code, the zoning adminastrafor shall issue a staCement �f clari�ication,:findingthatthe:use is or.is not.substantially similar in characYerand impacf to a use regulaYed:hekein. Sueh� staYemeuh ofa�arifiaatiQn�shall inclnzle tlte �indings that lad to auch conclusian and shall be:filed in the o£fiee of the zoning admznistrator. If t1�e zoning administrator finds that the use is not sufficiepYly similar to� any� other use speeif�eally Yisteil'and �i�gulated Yn the aoni�g cade, anypetsbn propasing�su6h use may �file� an appliqation for the planning commission slml� to determine if a use is ar is not simalaz to other uses permitted in each district The zoning administxator or planning commission shall make the following findings in determining one use is similar to anothex: (a�) That the use is similar in character to one (1) or moxe of the grincipal uses pernutted. (b�) That the traffic generated on such use is similar to one (1) or more of the principal uses pernutted. (c3) That the use is not first permitted in a less restrictive zoning district. (d#) That the use is consistent with the comprehensive plan. Sec. 61.107. Conditions of appr.oual: . , The planning commission, er-the planning ar zoning administrator vvhere-delegatec�, board of zon3ng agpeals, or clty council may impose such reasonable conditions and limitations in granting an approval o# a-site plan, permit, variance or oYher zonirig approval, and in making a similar use dete�mination, as aze determined to be necessary to fulfill the spirit and purpose of the zoning code, to ensure compliance, and to protect adjacent properties. Sec.�6I.108: Canttitionsviblated,permitrevocation. . The zoning administrator shall notify the planning commission when a development covered by a permit or other matter is not in compliance with any of the conditions imposed upon such use pernlit. The commission may, at a public hearing, following notice to the owner of subject property and other adj acent properiy owners as specified in parxgrapk section 61.30� (c), and upon determanation that the conditions imposed by such approval are not being complied with, revoke the authorization for such approval and require that such use be discontinued. The coxnxnission, in lieu of revoking the pernussion, may impose additional condifions, modify existing conditions, or delete conditions which are deemed by the commission to be unnecessary, unreasonable or impossible of compliance. ARTICLE II. 61200. DECISION MAKING BODIES AND OFFICIALS 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1 ( 0 � 27 p 1 V20 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 104 l0✓O 1051 1052 1053 1054 1055 1056 1057 1058 1059 1�6� 1061 1062 1063 1064 Sec. 614.4201. �uties�ftke Zoning administrator. � 4 V �`� �� (a) . . . . The building official of the Office of License, Inspections and Environmental ��) (cb) (de) ��) Protection shall enforce this code and is hereby designated the zoning admiuistrator. (Code 1956, § 64100; Ord. No. 17524, § 35, 1-6-88; C.F. No. 95-557, § 6, 6-14-95; C.F. No. 96-77, § 6, 2-14-96) The zoning administrator shall enforce the provisions of this zoning code'and any amendment thereto and shall have the power to certify zoning compliance and to make inspections ofbuildings or premises necessary to enforce this code. It shall be unlawful for the zoning adnunistrator to approve any site plans, as required in �*"T Article IV, Site Plan Review, of this chapter, or issue any pernuts for any excavarion or construcrion until such plans have been inspected in detail and found to conform with this code. The zoning administrator shall determine whether lots, structures, or uses are legally nonconforming by consulring building records, city directories and other pertinent evidence for the purpose of carrying out the provisions of see�ran Chapter 62�. The zoning administrator shall have no authority to change or to a ant variances from the terxns of this code in carrying out the duries of zoning adininistrator. Upon proper application, and a finding of compliance with the terms of this code by the zoning administrator, the zoning administrator shall issue the pernut applied for. �� (Code 1956, § 64.101; Ord. No. 16907, 4-20-82; C.F. No. 91-531, § 34, 5-6-93; C.F. No. 95-557, § 6, 6-14-95) , ��.� n un�un�w��r•�nn n�a�iin muwr� �b� r•nci� �r.0 mn�aa�iu n�nw»r.nb Sec. 61#. 202 38@. Planning commission and planning administrator. . [Moved to §61300, General Application Procedures.] (ai�) Planning commission revie , The planning commission shall review and approve or deny site plans, canditional use pernuts, non�onforining use permits, similar use determina�i'ons, and er other matters pravided for:::in�this;goda. a�pernitts [Moved to subparagraph (b) below.] , . , , [Moved to §61300, General Application and Review Procedures.] . [Moved to §61.500, Condirional Use Pernnts.] fej [Moved to §61.107, Condifions of approval.] . (Moved to §61.SOQ Conditional Use Perxnits.] (b) (�j Grant variances. The planning commission may act as the board of zoning appeals and grant variances from the regulations of the code related to permits, s'rmilar use' determination, rczoning, or site plan approval when considered by the planffing commissao� at fh�same public�hearing. The coxnxnission shall grant the variances in accordance with secrion 61�.G01�93�trj'�e},�rid-fdj. IRU�I� II �IIIU�� �A19 �L�l����� q (c) DelegaGion to administrator. Tha planning oornmiasian may, hy rule, delagata to the planuirig or �oning administrator its powei to review and approve or deny site plans, permits or other mattars, exoeptthat the:pIaa�ni�g commission shall notdelegate iYs power to granrt variances.and modifyspee'ral conditions. . [Moved to §61106.] . [Moved to §61105, Period of decision.] , . [Moved to §61.108, Conditions violated, revocation.] �iv�e��bvwv:swi�i�iiii•�ii �b�win�n�'fi79�1ZlL'7 Sec. 61.203. Board of zoning appeals. (a) Cr•eation and membership. There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided by law in such a way that the obj ectives of this zoning code shall be observed, public safety secured, and substantial jusrice done. The board shall consist of seven (7) regulaz members and two 03-/oZ8 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 .�� l5'�J (2) alternate members appointed by the mayor with the consent of the council. Of the regular members, one member so appointed shall be a member of the planning commission with appointment coinciding with planning commission term. The appoinhnents of the remaining suc (� of the members shall be for the following period: iwo (2) members for one year, hvo (2) members for two (2) years, rivo (2) members for three (3) years. Following the original appointments, each member shall be appointed to hold office for the full three-yeaz term. The regulaz members of the boazd of zoning appeals shall annually elect its own chairman, vice-chauman and secretary. Altemate members shall serve a term of three (3) years and may vote on matters before the board only in the absence of a regular member(s). The compensation of the appointed members of the board of zoning appeals shall be fixed by the council by resolution. All members of the board of zoning appeals shall be qualified electors of the Ciry of Saint Paul and no member shall be an official or employee of the City of Saint Paul. (Code 1956, § 64201; Ord. No. 17927, § 1, 5-28-92) (b) Meetings. All meetings of the board of zoning appeals shall be held at the call of the chatrperson and at such tunes as such board may deternune. All meetings conducted by the boazd shall be subject to all applicable open meeting laws and ordinances. The secretary, or his representarives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicafing such fact, and shall also keep records of its hearings and other official action. Four (4) members of the board shall constitute a quorum for the conduct of its business; provided, that no action may be taken unless at least four (4) members vote in favar of such action. The board shall have the power to administer oaths and, upon order of the district court, to issue subpoenas, require the attendance of witnesses, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. (Code 1956, § 64.202; C.F. No. 95-557, § 7, 6-14-95) ":_._-..-__,`.'=_`_=---�. [Movedto§61.601,Variances.] . . . . [Moved to §61.701, Administrative appeals.] (o) Decisions by the boazd o�'zareing p�rpedls. (la) The board of zoning appeals shall conduct a hearing on Hre an appeal or vanance application vasthiirHrirty ,g�� . , and shall render a decision on the appeal or apphcation without unreasonable delay. Decisions of the board of zoning appeals shall be final subject to later appeal to the city council. (2b) Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (30) All of the papers consfituting the record upon which the application or the decision appealed from was taken, including but not limited to, the action of the board of zoning appeals and the findings of fact, shall be retained in the permanent files of the Office of License, Inspecfion and Environmental Protection. (4$) After reaching a decision in accordance with this section, the board of zoning appeals shall prepare a written report, including, but not limited to, findings of fact and the action of the board, which report will be filed with the Office of License, Inspection and Environmental Protection without undue delay. (Se) A copy of administrative appeals concerning the River Corridor Distncts shall be submitted to the commissioner of natural zesources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the board's hearing. A copy of all decisions ganting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action. . [Movedto§61J03.] (Ord. No. 17038, 7-5-83; C.F. No. 91-531, § 33, 5-6-93; C.F. No. 93-1718, § 85, 12-14-93; C.F. No. 96-77, § 7, 2-14-96) . . . .[Moved to §61.702, Appeals to ciry council.] � -. `�zo rvraers [Moved to §61.703, Orders.] E�€K: [Moved to §61300, General Applicarion and Review Procedures.] . . . � , ., ' . [Moved to §61.105, Period of decision.] ARTICLE III. 61300. GENERAL APPLICATION AND REVIEW PROCEDURES 1120 Sec. b1.301. Application. 03 /Oz� 1121 (a) {643&6(aj} Application to planning commission. Any person having an ownership or leasehold interest in the 1122 subject land and/or building (contingent included) is eliglble to £ile an applicarion with the planning commission 1123 for. site plan approval, conditional use permit, nonconforming use permit, determmafion of similar use, and other ll24 matters provided for in this code. Such application shall be filed with a site plan meeting the requirements of 1125 Article IV, Site Plan Review, of this chapter, and other information as requued to support the applicarion. {-}j-Site 1126 plaix-apprava}; , 1127 . �I-appiieatianss}ra}} 1128 . 1129 (b) Application for variance. An application for variance may be filed by any person having an ownership or leasehold 1130 interest in the subject land and/or building (contingent included). Such application shall be filed with the zoning 1131 administrator, or with the planning commission as provided in section 61.202(b), along with a site plan meeting 1132 the requirements of Articie N, Site Plan Review, of this chapter, and other information as required to support the 1133 application. 1134 (c) Appeals. Appea]s to the board of zoning appeals or of board of zoning appeals decisions shall be filed witlt the 1135 zoning administrator. Appeals tothe planning commission or ofplanning commission decisions shall be filed with 1136 the planning administrator. 1137 (d) Rezoning. Applications for rezoning by the owners of sixty-seven (67) percent of the area of the property to be 1138 razoned shall be filed with the planning administrator along with supporting documents required by section 61.801 1139 andlor by state statutes. 1140 Sec. 61.302. Application forms aud fees. 1141 (a) Applicationforms andfee. ��}EejAll applications shall befiled on appropriate forms. A fee to be established 1142 by resolurion of the city council shall be paid by the applicant when a zoning 1143 application is filed ' . Such resolution may provide for a 1144 waiver or refund of such fee under specific circumstances. 1145 (b) {6A�A9}�) Fee sch��e for corezZitiorrzrl use permit subject to armual review. An annual fee to be established by 1146 resolution of the city council sha11 be paid to the zoning administrator by all 1147 holders of spcei� conditional use perniits which are subject to annual review. Such resolutiom may provide for ll48 waiver or refund of such' fee under specific..circumstances. Pees shall be paid by the permit holder at the time 1149 notice of the review is made to the permit holder. 1150 . ll51 Sec. ff1.303. xeview proceduzes;:keaxing�and notices�required. 1152 . The planning commission, 1153 . (when authority has not been ll 54 delegated to the planning or zoning administrator), the pl�nning eenm�rissian board �f zoning appeals, and the oity couucIl ll 55 upon appeal shall make no decision on a specific zoning applicarion until after a public hearing has been conducted by 1156 the planning commission or fihe zoning committee of the planning commission, board of zoningappeals, or Gii�y oouneil. ll 57 Notice of the time and place of any hearing shall basent to ll58 thefoPlowing: 1159 . 1160 1161 . . . . . 1162 , 1163 . , , ll 64 for minor variance cases, inelcide all owners of record of 1165 pxoperiy within one himdred (100) feet of the pxemises in question;; mm�whie}rsha�l-in for all 1166 other cases, inektde all owners of record of properiy within three hundred fifty (350) feet of the premises in question. 1167 Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most 1168 current Ramsey County property taxation records. 1169 (coae i9s6, § 6a.zo� Ord. No. 17030 6a-s3) 1170 1171 ARTICLE N. 61.400. SYl'E PLAN REVIEW 1172 1173 Sec. 61d.401i�9�. Site plan. 1174 All applicafions for building permits for all new buildings or building expansions sha11 be accompanied by a site plan, 1175 drawn to scale and specifications, showing the following: 1176 (1) The actual shape, locarion and dimensions of the zoning 1ot. il�� �a> 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 (3) (4) a3-loa� The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the zoning lot. The exisring and intended use of the zoning lot and of all such structures upon it, including, in residential areas, the number of dwelling units the build'mg is intended to accommodate. Such other information conceming the zoning lot or adjoining lots as may be deternvned by the zoning adminisirator as essenrial for detem�ining whether the provisions of this code are being observed. (Code 1956, § 64.102) Sec. 614.402iB8. Site plan review (all districts). (a) Plan to be submitted. A site plan shall be submitted to and approved by the planning comxnission before a pernut is issued for grading or the erection or enlargement of gross floor azea for any development except one- and two- family dwellings, but including the following: (1) Any development of one- and two-family residences which together exceed two (2) acres (87,120 square feet) in azea. (2) In the "TP Tree Preservation District, any development of one- and two-family residences over one (1) acre (43,560 square feet) in area. (3) All residentiallyrelated uses in one-family districts, such as, but not limited to, churches, schools and public facilities. 1210 (b) 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 (c) 1228 1229 1230 1231 1232 (4) Any development in a TN district. (5#) Any industrial use in an IR, I=1, I=2, or I=3 - ^vr�cc^�ndish - ict abutting a residential district. (65) Outdoor storage in industrial districts. (76) Any use which abuts to a major thoroughfaze. (8�) Any development on a slope of twelve (12) percent or greater. (9�) Any development in the River Conidor Critical Area or in the Floodplain District except one- and two- family dwellings which do not affect slopes of twelve (12) percent or greater. (109) All off-street parking facilities except as noted in section 63�.202i-63{�rj. (119) Any other use or development for which t3nrs��missi�r�af� site plan review is required by any provision of this code. (12�) Earth-sheltered structures. (13�) Detached, freestanding facilifies constructed on parking facilities, including, but not �n. limited to, kiosks, fotomats, banks and similar uses. (143) Any filling, excavation or tree removal that disturbs an area greater than ten thousand (10,000) square feet except the construction, installarion or maintenance of public roads and public and private utilities. (15#) Cellular telephone antennas that require a new equipment building. Site plan application: (1) Applications for site plan approval shall be made to the planning commission in such form as the commission may prescribe in its rules. (2) Said rules may provide for a delegation of authority to the zoning administrator of the City of Saint Paul of all powers and duties ganted to the planning commission under this section, and suchrules will be filed with the office of the city clerk. (3) Application for site plan approval shall include nine (9) sets of plans with sufficient detail to demonstrate that the plan complies with the provisions of this code. (4) For pazldng facilities, the city traffic engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application. Such an analysis shall include, but not be limited to, the following elements: trip generation, directional distribution, traffic assignment and capacity analysis. (5) Alley access; notice. Where a site plan application review has been delegated to the zoning administrator and notification to adj acent property owners is required in section 63�310�(f�), a norice shall be sent at least ten (10) days prior to a site plan review meeting by city staff to the applicant and owners of record of properiy located within three hundred fifty (350) feet of the proposed alley access. Norice shall be delivered either personally or by mail at the address of the owner contained in the records of the Ramsey County Deparhnent of Property Ta�carion. Site plan review and approval. In order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with: (1) The city's adopted comprehensive plan and development or project plans for sub-areas of the ciTy. (2) Applicable ordinances of the City of Saint Paul. (3) Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitroe areas. 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 (4) (5) (6) ��) � (9) (10) (11) 03-/az8 Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may l�ave substantial effects on neighboring land uses. The arrangement of buildings, uses and faciliries of the proposed development in order to assure abutting property and/or its occupants will not be unreasonably affected. Crearion of energy-conserving design through landscaping and location, orientarion and elevation of structures. Safety and convenience of both vehicular and pedestrian traffic both within the site and in relarion to access streets, including traffic circulation feahues, the locarions and design of entrances and exits and pazking azeas within the site. The satisfactory availability and capacity of storm and sanitary sewers, including solurions to any drainage problems in the area of the development. Sufficient landscaping, fences, walls and pazldng necessary to meet the above objectives. Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes. Provision for erosion and sediment control as specified in the "Ramsey Erosion and Sediment a� Control Handbook." (d) Compliance and time requirements. The planning commission may make such requirements with respect to the above matters as to assure compliance with them. When changes are required, the revised site plan shall be submitted within six (6) months from the date the applicant was norified of required changes. The zoning administrator may gant extensions. The properLy must be brought into compliance with the approved site plan within one year of the date of approval or as otherwise specified by the zoning administrator. - . [Moved to new §63.112.] . [Moved to new §63.113.] [Moved to §63.111.] (ek) Security agreement. Before the site plan is approved, the applicant shall file a performance bond equal to the estimated cost, as determined by the zoning administrator, to install required landscaping, paving, screening, erosion and sediment control or items required by special condition. Such performance bond shall be secured and filed with the zoning administrator within three (3) months from the date the applicant was notified of the intent to approve the site plan. The zoning administrator may grant an extension. Upon completion of the bonded work items, the owner shall apply to the zoning administrator for final inspecrion. If the zoning administrator finds that all installations meet the requirements of approved plans and specifications, the security agreement shall be released. However, a security agreement for landscaping shall be effecrive and held for one year after completion of the work in order to ensure that such landscaping will survive. If improvements are not completed as proposed within the established time limit, the city may proceed to require performance by the surety, or complete such installation by contract or force account and seek reimbursement of its costs from the security agreement. The zoning administrator shall have the right to accept a cash escrow or irrevocable letter of credit in lieu of a bond in an amount and under such circumstances as the zoning administrator shall determine appropriate. If seasonal weather conditions or phasing of construction present practical difficulties in the installation or completion of landscaping, paving, screening or any required item, the completion may be delayed for not more than six (6) months by the zoning administrator. The extension of time shall be granted in writing. ( fr) Certificate ofoccupancy. Certificate of occupancy shall notbe issued until all items required for site plan approval are completed or an ageement has been made under paragraph (eg) above. When a site plan is required by this code, a certificate of occupancy shall be renewed only if the use is in conformance with that site plan and all conditions of this code. (Code 1956, § 62.108; Ord. No. 16799, 5-28-81; Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-15-85; Ord. No. 1751 I, § 7, 11-12-87; Ord. No. 17524, §§ 29, 30,1-6-88; Ord. No. 17646, § 8, 4-6-89; Ord. No. 17885, § 1, 11-21-91; C.F. No. 92-1479, §§ 21, 22, 12-15- 92; C.F. No. 93-1718, §§ 76--8Q 12-14-93; C.F. No. 93-777, § 3, 12-28-93; C.F. No. 96-77, § 5, 2-14-96; C.F. No. 97-565, § 2Q 6- i i-9�) ARTICLE V. 61.506. CONDITIONAL USE PERNIITS Sec. 61.501. Conditional use permit, general standards. . Before the planning comxnission may grant approval of aprineipa� conditionals use, the commission shall find that: 03-/pa3' 1289 (a4) The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive 1290 Plan and any applicable subarea plans which were approved by the city council. 1291 (b�) 'The use will provide adequate ingress and egress to minimize traffic congesfion in the public streets. 1292 (c3) The use will not be detrimental to the e�sting character of the development in the immediate neighborhood ar 1293 endanger the public health, safety and general welfare. 1294 (d#) Theusewillnotimpedethenormalandorderlydevelopmentandimprovementofthesurroundingproperryforuses 1295 permitted in the district. 1296 (e5) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 1297 . . 1298 Sec. 61.502. Modify special conditions. 1299 1300 . The planning commission, afrer public hearing, may modify any or all special conditions, 1301 when strict applicarion of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece 1302 of properiy or an existing structure and would result in exceprional undue hardship to the owner of such properiy or 1303 structure; provided, that such modification will not impair the intent and purpose of such special condition and is 1304 consistent with health, morals and general welfaze of the community and is consistent with reasonable enjoyment of 1305 adjacentproperry. 1306 Sec. 61.503. Conditional use permit, change requiring new permit. 1307 . , '. A change to a speeix� condifiona] use requires 1308 a new pernut when one of the following conditions occurs: 1309 (a�) A specr� condirional use changes from one speeia} conditional use to another specia} conditional use. 1310 (b�) The floor area of a speeia� condiriona} use expands by fifty (50) percent or more. For a speeia� conditional use 1311 existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. For a speeix} 1312 conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions 1313 since being established. Floor area does not include floor uea which is accessory to a principal use and which does 1314 not result in the expansion of a principal use. 1315 (c3) The building containing a speei� conditional use is torn down and a new building is constructed, even if the new 1316 building contains the same or less floar area. 1317 (d#) The principal use of a speeia� conditional use expands onto an abutting lot, such as a used car lot or a fast food 1318 restaurant building addition expanding onto an abutting lot. 1319 (c5) The number ofresidents in a community residential facility increases, ar the number ofrooming units in a rooming 1320 or boazdinghouse increases. 1321 (f6) A college, university or seminary adds a school building or an off-street parking facility for its exclusive use 1322 outside of its approved campus boundary. 1323 Sec. 61.504r Change to condifional;use, na:new permit required: 1324 A change to a speeia} conditional use does 1325 not require a new permit but does require approval of a site plan when one of the following condifions occurs: 1326 (a4) The floor area of a speeia� conditional use expands by less than fifty (50) percent. For a speeia� conditional use 1327 existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. For a speer� 1328 conditional use established after October 25, 1975, expansion is the sum of the floor azea of all the expansions 1329 since being established. Floor area does not include floor area which is accessory to a principal use and which does 1330 not result in the expansion of a principal use. 1331 (b�) An accessory use of a speei�} conditional use expands onto an abutting lot, such as a bowling alley's off-street 1332 parking lot expanding onto an abutting lot. 1333 (c3) Off-street parking spaces are added in a parldng lot, garage or ramp on the site of a speeia� conditional use. 1334 (d�) An accessory structure is added to the site, such as a building to store salvaged motor vehicle parts being 1335 constructed on the site of a motar vehicle salvage operation. 1336 (e5) Acollege,universityorseminaryaddsaschoolbuildingoranoff-streetparkingfacilitywithinitsapprovedcampus 1337 boundary. 1338 (Code 1956, § 64.209; Ord. No. 16956, 9-9-82; Ord. No. 17030, 6-7-83; Ord. No. 17038, 7-5-83; Ord. No. 17039, 7-7-83; Ord. No. 1339 17524, §§ 32, 33, 1-6-88; Ord. No. 17670, § 3, 7-20-89; C.F. No. 93-870, § 1, 11-23-93; C.F. No. 93-1718, § 86, 12-14-93; C.F. No. 1340 95-352, § 2, 5-3-95; C.F. No. 96-77, § 8, 2-14-96; C.F. No. 96-1029, § 2, 9-25-96) 1341 1342 ARTICLE VI. 61.600. VARIANCES 1343 1344 Sec. 61�.601363. Variances. 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 O -iDzB. , � . .[Moved to §61300, General Applicarion and Review Procedures.] �irj The board of zoning appeals shall have the power to grant variances from the strict enforcement of the provisions of this code upon a fmding that: (a4) The property in quesrion cannot be put to a reasonable use under the strict provisions of the code; (b�) The plight of the landowner is due to circumstances unique to iris the properry, and these circumstances were not created by the landowner; (c3) The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul; (d#) The proposed variance will not impair an adequate supply of light and air to adj acent properry, nor will it alter the essenrial character of the surrounding area or unreasonably dimuush established property values within the surrounding area; (e5) The variance, if granted, would not pernut any use that is not pernutted under the provisions of the code for the properry in the district where the affected land is located, nor would it alter or change the zoning district classification of the property; and (f6) The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. 1363 In granting a vaziance, the board shall state the grounds upon which it jus6fies the gcanting of a vaziance. (cj Aardslup 1364 as described in the fmding set out in subsection (ab)�tj above shall include the need for access to direct sunlight for solar 1365 1366 1367 1368 1369 1370 1371 1372 13'73 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 energy systems. , . [Movedto §61107, Condirions ofapproval.] . [Moved to §61.302(a), Applicarion fee.] (Ord. No. 17038, 7-5-83; C.F. No. 93-1718, §§ 83, 84, 12-14-93) Editor's note--Sections 64.203--64.206, derived from §§ 64203, 64.203.a, 64.204 ofthe city's 1956 Code, as amended, were amended by the same and substituting new sections as follows, pursuant to Ord. No. 17038, adopted July 5, 1983. ARTIGLE.VII. 61:700. APPEATaS Sec. 61d.701�. Administrative appeals. (a) The board of zoning appeals shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning administrator in carrying out or enforcing any provision of the code. (b) The boazd of zoning appeals shall have the power to heaz and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the state building code. (c) . . The gant or denial of approval by the planning or zoning adminisirator of site plans;;permits ar other matters tk�t theplanning commission has, b'y,rule, delegated to the glanning:on.zoning administra�or is subject to appeal to the planning comsnission bq-anq-peisoir, > (de) An appeal may be taken by any person, firm or corporarion, or by any officer, deparhnent, board or bureau affected by a decision of the plarining or zoning administrator or building official within thirry (30) days after the decision appealed from shall have been served either in person or by mail upon the owner of the property which is the subject matter ofthe decision . , and shall specifying the grounds tiiereofthe appeal. The planning or zoning administrator shall forthwith transmit to the board or commission all of the papers constituting the record upon which the acrion appealed from was taken. An administrative appeal sl�all stay all proceedings, including crimmal proceedings, in furtherance of the action appealed from unless the zoning administrator or building official certifies to the board or commission, after norice of appeal has been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 (Ord. No. 17038, § 7-5-83; C.F. No. 95-557, § 8, 6-14-95) Note—See the editor's note following § 61&.601�93. �'? � n Sec. 61#.70296. Appeals to city council. �� J�� (a) The city council shall have the power to heaz and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or finding made by the boazd of zoning appeals or the planning cominission. An appeal may be taken to the city council by any person, firm or corporafion or by any officer, deparhnent, board or bureau affected by a decision of the board or planning commission. Such appeal shall be taken within fifteen (15) days after the decision appealed from shall have been duly adopted by the board or commission and shall have been served either in person or by mail upon the owner of the property which is the subject matter of the decision. Appeals of decisions by the board shall be filed with the Office of License, Inspection, and Environmental Protection; a� appeals of decisions by the planning commission shall be filed with the zoning secrion of the planning division. Appeals shall specify the grounds thereof and be accompanied by payment of the required fee. . [Moved to §61.703 below.] (be) The city council shall conduct a hearing on the appeal ' fid�29$, fi3�e shall give due notice of the hearing to all interested parties as required under secfion 61303, and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. (Ord. No. 17038, 7-5-83; Ord. No. 17607, §§ 1, 2, 10-27-88; C.F. No. 96-77, § 7, 2-14-96) Note--See the editor's note following § 64.203. Sec. ff1.703: Permits suspendecl�np'on appeal. Builcting perniits shall nof be issued`affer an a�peal h�s bean filed. I£pernrits hava been issued beFore.anappeal has been fi1ed; then tire permits arasuspended:and construction shall cease pending a�na1 decision on Yhe appeal. Sec. 61�7D4�. Orders. In exercising the above powers, the city council, planning commission, or �ze board of zoning appeaJs may reverse ar affirm, wholly or partly, or may modify the orders, requirements, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made. To that end, the board of zoning appeals shall have all the powers of the zoning adminisfrator and the building official, and the city council shall have all the powers of either the board of zoning appeals or the planning commission. All final decisions, orders, requirements or determinations by the board of zoning appeals; planxiing commission, and/or city council shall be in the form of a written resolution. The city council shall serve a copy of the resolution upon the appellant and/or the owner of the affected property, zoning administrator, planning commission and board of zoning appeals by mail orpersonal service. The board of zoning appeals or planning commission shall serve a copy of the resolurion upon the appellant and/or owner of the affected properiy, the zoning administrator and the plannmg administrator eannnissien. Decisions of the city council on all matters within its jurisdiction shall be final subject only to judicial review by a court of competent jurisdiction. (Code 1956, § 64.206; Ord. No. 17038, 7-5-83; C.F. No. 95-557, § 9, 6-14-95) ARTICLE VIII. 61_&00. ZOIVIlVG AMENDMENTS Sec. 614.SO1dA6. Changes and amendments. (a) The council may, fromtime to time, amend, supplement or change the districtboundazies ar the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Secrion 462.357 and amendments thereto as may be made from time to time. The ciry council shall provide for an adequate review and reevaluation of this code at least every five (5) years from the time of adoprion of this code. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. (b) Except as provided for in section 669.�3802, an amendment to the zoning code may be initiated by the council, the planning commission or by petitian application of the owners of sixty-seven (67) percent of the area of the 1459 1460 1461 1462 14b3 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 properry to be rezoned. � (c) When a�petitions is required to be filed pursuant to this section or by state law to effectuate or consent to the rezoning of any particular piece of properiy, it shall not be considered as officially filed with the planning administrator until the lapse of seven (7) worldng days after a petition is received in the office of the planning administrator. During the seven-day waiting period, any signator of any petition may withdraw his name therefrom by written request, and such request shall be appended to the subject petition and made a part thereof. Each petifion and applicable requests for withdrawal of a signator's name shall be considered in determining the sufficiency of the petition, and the juxisdiction of any city department and the council regarding any pefition shall not be considered established until the petition has been found to be sufficient. (Code 1956, § 64210; Ord. No. 16956, 9-9-82; C.F. No. 93-1718, § 87, 12-14-93) Sec. 61#.80246}. Amendment limitations. A petition amending supplementing or changing district boundaries, once denied by council, shall not be resubmitted for recommendarion or action within one (1) year from date of denial. (Code 1956, § 64.211) Sec. 614.803�. Amendment's effect on pending uses and structures. Uses that were permirted to be established and structures that were permitted to be constructed before amendments to this zoning code but are no longer permitted by the amendments may be established or constructed, provided that they meet the following condirions: (a�) Uses and structures that need building permits to be established or constructed may be established or constructed, provided that before the effective date of the amendments: (1)a: The uses or structures have received all required zoning pernuts from the planning commission ar the board of zoning appeals, or if the zoning permits are appealed, the city council; and (2)lr. Valid building permit applications have been made or valid building permits have been issued for the establishment of the uses or for the construcrion of the structures. If the construction needed to establish the uses or the construction of the structures has not begun within six (6) months of the issuance of the building permits, the uses or structures may not thereafter be established or conshucted. For the purpose of this section demolition preparatory to construction shall be considered construction. (b�) Uses not needing building permits must be established before the effective date of the amendments. This section shall not apply to interim ordinances adopted in accordance with Minnesota Statutes, Chapter 462355, Subdivision 4. (C.F. No. 96-307, § 4, 4-24-96) ARTICLE IX�. 61.900. ENFORCEMENT ��,���i' T""^'^T�" ^^^`>'"'^" " . . . .[Moved to §60.108, a more logical locarion for this pazagraph.] . . . .[Moved to §60113, a more logical location for this paxagraph.] Sec.61#.90159�. Violations. Anyperson, firm or corporation violating any ofthe provisions of this code shall be guilty ofa misdemeanor. In addition, the owner or lessee of any building, structure or premises or part thereof, where any condition in violation of this code shall exist or be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof shall be guilty of a misdemeanor. (Code 1956, § 64.215) Sec. 614.902593. Public nuisance. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the rime of adoprion of this code and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdicrion. (Code 1956, § 64.216) Sec. 61�.903594. Fines, imprisonment. The owner of any building, structure or premises or part thereof, where any conditaon in violarion of this code shall exist or shall be created, and who has assisted lmowingly in the commission of such violation, shall be guilty of a separate offense, and upon convicrion thereof shall be liable to the fines and imprisonxnent herein provided. (Code 1956, § 64.217) Sec. 61�.904595. Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues. (Code 1956, § 64.218) 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 Sec. 61#.90559G. Rights and remedies are cumulative. �3 The rights and remedies provided herein aze cumulative and in addition to any other remedies provided by law. (Code 1956, § 64.219) r _ _ � �.,� _ _ _ __ _ _ � _ __ ___� _ � �Moved to §61.104, Permits issued, documents to be recorded.] Chapter 62. Zoning Code - Nonconforming Lots, Uses and Structures . . . > > > s Sec. 62.101. Intent. (�}hrtwst There exist within the districts established by this code and subsequent amendments lots, stnxctures, and uses of land and structures that were lawful before this code was passed or amended that would be prohibited, regulated or restricted under the terms of this code or future amendments. It is the intent of this code to permit legal nonconforming lots, structures or uses to continue until they are removed. The code recognizes that m some circumstances allowing nonconfoxxning uses to be changed to similar or less intense nonconforming uses, or allowing nonconforming uses to be reestablished in vacant buildings, may benefit the city and surrounding neighborhood. Some buildings have a long useful life and allowing their continued occupancy for nonconforming uses can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses. Consequently, the code allows conversion of nonconforming uses to similar nonconforming uses and allows the planning commission to reestablish nonconforming uses in vacant buildings if regulated so as to be comparible with the surrounding neighborhood. The code recognizes that enlargements ofnonconforxning uses which improve the appearance and functioning ofthe use can benefit the surrounding neighborhood. The code allows the enlazgement of nonconforming uses when found to be compatible with surrounding neighborhoods. �ea G2102. Legal nonconform7rtg use. . Far the purposes of this section, "use" means the principal purpose for which land or a building is being occupied. A use will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to October 25, 1975, the use was established, converted, or enlarged and occupied pursuant to building permits issued by the City of Saint Paul; or if it can be demonstrated by clear and convincing evidence that the particular use had been in eYistence continuously for twenty (20) years prior to December 13, 1976. The burden of proof shall be on the properry owner. The planning commission may approve permits granting nonconforming use status to uses that do not meet these standards, as set forth in section 62.109(a) and (b). Sec. 62:103. Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effecrive date of adoption or amendment of this code. This provision shall apply even though such lot fails to meet the requirements for area or width, ar both, that are applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board of zoning appeals. If three (3) or more lots or combinarions of lots and portions of lots with continuous street frontage in single ownership are of record on the effective date of this code or amendments thereto, and if all or part of the lots do not meet the requirements fox lot width and area as established by this code, the lands involved shall be considered to be an undivided parcel for the purpose of this code, and no portion of said parcel shall be used or occupied which does not meet lot width and azea requirements established by this code, nor shall any division of the pazcel be made which leaves remaining any lot with width or area below the requirements stated in this code. Sec. 62.104. Nonconforming uses of land. . Nonconforming uses of land are subject to the following provisions: (a}) A nonconforming use may continue. (bZ) A nonconforming use shall not be enlazged to a greater height nor extended to occupy a greater area of land than was occupied at the effecrive date of adoprion or amendment of this code. (c3�) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (d�) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land shall conform to the regulations specified by this code for the dish-ict in which such land is located. This is not intended for those uses which remain on the land but whose acfivity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. 1573 (e5) 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 (f6) 03-1 bZ� Any land on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulation far the district in which such land is located and the nonconforming use may not thereafter be resumed. An exisring off-street parking space for one- and two-family dwellings in a required front or side yard shall be considered a legal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 15, 1975, and the parking space has been confinuous since the permit was issued or it can be demonstrated by clear and convincing evidence that the parking space has been in existence and used conhnuously since October 25, 1975. The burden of proof shall be on the properiy owner. Sec. b2.105. Nonconforming structures with conforming uses. . Nonconforming structures with conforming uses are subj ect to the following provisions: (a}) A nonconforming sh may continue. (b�) A nonconforming structure may be enlarged or altered so long as such enlargement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of secrion 63�.5018fi, accessory buildings. (c3) 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 theprovisions of this code. Anoncon£orming residenti�l .garage�c;�:es�, however, may be rebuilt in a=rear yard wiYfrttlihe samenanoonforming setliacsk within one (1) yeaz of its destruction, provided that it is within the maximum height and size limits for an accessory structure outlined in section 63�.50186(c3) and ��&(d#). (d#) When a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. Sec. 62.1Q6. Nonconforming uses af structures; or strnctures°a�td land in combina#ion. , Nonconforming uses of structures, or shuctures and land in combination, aze subject to the following regulations: (a}) A nonconforxning use may continue. (b�) A nonconforming use may be changed to a use permitted in the district in which it is located or to a new nonconforminguse ifthe newnonconforming use is also listed in the same clause ofthe code as the nonconforming use. A nonconforming use maybe changed to a use permitted in the district in which the nonconforming use is first allowed, or a principle use permitted in a disfrict that is more restrictive than the district in which the nonconforming use is first allowed, provided the planning commission approves a permit for the change as set forth in section 62109(c) ekause{ijf3j. (c3) When a nonconforming use changes to a use permitted in the district or in a more restricfive district, the nonconforming use shall not thereafter be resumed. (d�) A nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for the use, but it shall not be extended to occupy any land or a larger area of land outside the structure. (e5) A nonconforming use shall not be enlarged, unless the planning commission approves a pexxnit for an enlargement as set forth in section 62.109(d) eiause{ij(=4j. (f5) �b'�) (h$) (i9) G�) �) (li�) A structuz'e containing a nonconforming use shall not be moved to another location on its lot. When a nonconforming use is discontinued or ceases to exist for a continuous period of three hundred sixty-five (365) days, the building, or building and land in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission approves a permit to reestablish the nonconforxning use as set forth in section 62109(e) �aus��i�5j. When a building containing a nonconforming use 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 the destruction, it shall not be reconstructed except in conformity with the provisions of this code. On a building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair of walls, roofs, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of adoption or amendment of this code shall not be increased. Where nonconforming use status applies to a building and land in combination, removal or desh-uction of the building shall eliminate the nonconforming status of the land. i-i�)Accessory off-street parking lots or structures may be constructed on the site of a nonconforming use, so long as they comply with the requirements of secrions 6 3�300�9h and 63�.50196 and the setbacks required in the district where the use is first permitted. In any RM=3, OS�, B=1, B=2, B=3, I=1, or VP� district, exist�ing nonconforming residenrial uses may be enlarged, extended, reconstructed or altered provided no additional dwelling units are added on the lot. Any business 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 (m) (n) 03-/(� 8 operated out of a residence must meet all home occupafion standards. �e Nonconforniing residential uses must also meet the requirements (except for lot area per dwelling unit) of , section 66�.230i&t, residential district iiensity and dimensional standazds, for the district in which the use is first permitted and the requirements for off-street parking section 63�.200�93. Reconstruction ofthe uses mustbegin within one (1) year of the removal of the buildings. }3j In atry R�L�c=i�^n �-a�a-R=4 distncts, existing two-familyresidential uses may be enlarged, extended, reconstructed or altered. The two-family uses must meet the yard setbacks and the percentage of lot coverage of the schedule of regularions, section 61.101, as required in the zoning district in which located or in the RT =1 district, whichever is greater, and the requirements for off-street parking, secfion 63�.200i$3. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. i-�9j In any residential district, existing greenhouses may be enlarged, extended, reconstructed or altered. The greenhouses must meet the height, yard setbacks, and percentage of lot coverage of , section 66�.230i$�, residential distej ct densityand dimensioffal stanclaxda, for the distr ict in which they are located and the requirements for off-street parking, section 63�.200i Reconstruction of the uses mustbegin within one (1) yeaz of the removal of the buildings. }5j Exisring auto body shops located in zones other than industrial zones shall be considered, for purposes of changes in nonconforming uses, as B=3 uses. Auto body shops that are legally nonconforming in B=3 zoning districts may expand even though auto body shops axe not permitted uses in B=3 zoning districts. Auto service stations in B=2 zoning districts which remove their gas tanks and pumps will be regarded as legal nonconforming auto repair stations. }Gj In R�L and-R=}tin�angh -RT=1 residential districts, a second one-family or rivo-family dwelling on a single lot is exempt from e�anse paragraph (h$) above and may be reconstructed provided that the number of total dwelling units on the lot is not increased and the building is not enlarged or extended unless it meets the setback and lot coverage requirements for principal structures of the district. Reconstrucrion of the Uuilding must begin within one (1) year of the removal of the building, unless the board of zoning appeals grants an extension for reconshuction. 1b45 (o) 1646 1647 1648 1649 1650 (p) 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 i6s� 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 (c� Existing gun shops fihat:are-legaIIy nonconfoiniing, and are not�pawn ehops;�shall be considererl; for pu�'poses af ahangas m nonconforming uses, as permitteduses and may expand euen:though gun sfiops arannipermitted uses in the district, provided thatthe amount af flaor area devotedto the display andsate.of fireastris is nof increas�d and that any new publia.entranqa is:no4located within one tkousand (1,OD0):radial feet of any "pxoYeoteduse," as defined in Section 65:52Q(a):ofthis Code, Sec. 62.J07. Strengthening t�nsafe structures. . Nothing m this code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. Sec:62.108. Change of tenancy:'or ownership. '. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures, and premises and nonconforming structures with conforming uses provided there is no change in the nature or character of such nonconforming use or structure. Sec. 62.109. Nonconforming use permits. . The planning commission may approve, modify and approve, ordeny nonconforming use permits. To ensure the public welfare is served, the commission may attach conditions to the permits including, but not limited to, conditions conceming appeazance, signs, off-street parking or loading, lighting, hours of operation, or performance characteristics, such as noise, vibrarion, glaze, 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 removaT by attaching an expiration date to the permit if the commission makes the following findings: (1) terminarion of the nonconforming use or the continued vacancy of the building in which the nonconforming use was located would cause significant hardship; (2) pernutting the nonconformiug use for a period of rime will facilitate the h-ansirion to a conforming use; and (3) permitting the nonconforming use for a period of fime is consistent with the public health, safety, comfort, morals, and welfare. The period of rime 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 planning commission shall heaz and decide nonconforming use permits in accordance with the procedures and requirements of ��08 Chapter 61, Administration and Enforcement. The planning commission may consider the following nonconforming use permits: (a4) Establishment ofZegal nonconformingusestatus. The planning commission may grant legal nonconforming status to the use of structures ro�hieii when such use fails to meet the standards of secrion 62.102{bj if the commission makes the following findings: 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 (b�) 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 (c3) 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 (d�) 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 (1)� The use occurs entirely within an existing structure; '� �? ��� 4 j �`, . (3 (2� The use or use of similar intensity permitted in the same clause of the zoning code or in a mare restrictive zoning district has been in existence conrinuously for a period of at,least ten (10) years prior to the date of the application. � (3)� The off-street parking is adequate to serve the use; (4}� Hardship would result if the use were discontinued; (5}F Rezoning the property would result in "spot" zoning or a zoning inappropriate to surrounding land uses; (6)g The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; (7)iz The use is consistent wiYh the comprehensive plan; and (8)� A notarized petition of two-thirds of the property owners within one hundred (100) feet of the properry has been submitted stating their support for the use. The application for the permit shall include the petition, evidence of a ten-year period of existence, evidence that conversion of the use and structure would result in hardship, a site plan meeting the requirements of secrion 61&.4019�, floor plans, and other informahon as required to substantiate the permit. Nonconformingcommercial andindustrialparkinguse. The planning commission may grant legal nonconforming status to allow the use of land without completely enclosed buildings as a parking lot to serve abutting property in an OS=�-B=�attgk=B=S�REC=� Business and:IR-I=1 Industrial ^arni-'r-i ai,ish if the commission makes the following findings: (1)� The commercial or industrial parking lot has been paved, maintained and used for commercial or industrial pazkmg for at least ten (10) consecutive years prior to the date of the application; (2)b: The parking lot occupies a legally subdivided parcel that is too small for development and has not been owned by a different adjoining property owner for at least ten (10) years prior to the date of the application; (3� The parking lot is to serve abutting commercially or industrially zoned property; (4)� The parlang lot will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; (5)� The parking 1ot is consistent with the comprehensive plan; and (6j€: A notanzed petition of two-thirds of the properiy owners within one hundred (100) feet of the properiy has been submitted stating their support for the parking lot. The application for the permit shall include the petition, evidence of a ten-year period of existence, a site plan meeting the requirements of section 61�.4016�, and other information as required to substantiate the permit. Change of nonconforming use. The planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use pern�itted in a distcict that is more reshicrive than the district in which the nonconforming use is first allowed, if the commission makes the following findings: (1)a- The proposed use is equally appropnate or more appropriate to the neighborhood than the existing nonconforming use; (2)b: The traffic generated by the proposed use is similar to that generated by the exisring nonconforming use; (3 )e: The use will not be deh to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfaze; and (4)dc The use is consistent with the comprehensive plan. The planning commission's findings may be a general rule or findings in a specific case. Enlargement of nonconforming use. The planning commission may permit the enlargement of a nonconforming use if the commission makes the following findings: (1)� The enlargement will not result in an increase in the number of dwelling units; (2)(r. For enlargements of a structure, the enlazgement will meet the yard, height and percentage of lot coverage requirements of the district; (3� The appearance of the enlargement will be comparible with the adjacent properry and neighborhood; (4)� Off-streetparldngisprovidedfortheenlazgementthatmeetstherequirementsofsection63�.200�63fornew structuzes; (5)e Rezoning the properry would result in a"spot" zoning or a zoning inappropriate to surrounding land use; and (6)£ After the enlargement, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character ofdevelopmentin the immediateneighborhood; or endanger the public health, safety, or general welfare; (7)g. The use is consistent with the comprehensive plan; and 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1'789 1790 1791 1792 1793 1794 1795 (e5) v3-�oz� (8)3r. A notarized petition of two-thirds of the property owners within one hundred (100) feet of the property has been submitted stating their support for the enlargement. The application for a permit shall include the petirion, a site plan meeting the requirements of section 61#.4019z, floor plans, and other inforxnation as required to substantiate the permit. Reestablishment ofnonconforming use. When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for a conhnuous period of three hundred sixty-five (365) days, the planning commission may permit the reestablishxnent of a nonconforming use if the commission makes the following findings: (1� The shucture, or structure and land in combination, cannot reasonably or economically be used for a conforming purpose; (2)ir. The proposed use is equally appropriate or more appropriate to the dishict than the previous nonconforming use; (3)� The proposed use will not be detrimental to the existing character of developxnent in the immediate neighborhood or endanger the public health, safety, or general welfaze; (4)� The proposed use is consistent with the comprehensive plan; and (5)� A notarized petifion of two-thirds of the properry owners within one hundred (100) feet of the property has been submitted stating their support for the use. The application for the permit shall include the petition, a site plan meeting the requirements of section 61#.4016z, floor plans, and other inforxnation as required to substanfiate the permit. Sec. 62.110. Nonconforming adult bookstores. . Any adult bookstore use which is lawful as of September 27, 1995, but which becomes an unlawful use under the terms of this subsection �jj shall be deemed a nonconforming use and may not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to a conforming use. (a�) Discontirtue nonconforming uses. Adult bookstores that aze deemed nonconforming uses pursuant to the terms of this subsection f j j will be permitted to continue for a period not to exceed three (3) years from September 20, 1995, unless sooner terminated or discontinued or changed to a conforming use. (b�) Reasonable extension may be granted by planning commission. The owner of any property on which a nonconforxning adult bookstore is located may apply to the planning commission for a reasonable extension ofthe termination date. Any such application must be in wriring and be received by the commission no later than June 30, 1998. Failure to submit a timely extension application shall consfitute a waiver of the right to request an extension. An extension maybe granted upon the commission's determination that the applicant has demonsh�ated that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the rime required far an extension. In making its decision, the commission may consider any factor relevant to the issue, including, but not limited to: (1)� The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation-; (2)b: Whether the applicant's property interest in the nonconforming use was extinguished before the expiration of the amortizarion period.-; (3)� Whether the value of being free of competition for the period of the amortization period equaled the value of the property interest remaining at the end of the amortization perioc�; (4)� The ease by which the property could be converted to a conforming us�; (5)� The cost of relocaring the adult bookstore:; and (6}F. Reasonable availability of altemative locations as designated by the zoning code as being pracrically and legally available for adult uses. (Code 1956, § 62.102; Ord. No. 16908, 4-20-82; Ord. No. 16956, 9-9-82; Ord. No. 17038, 7-5-83; Ord. No. 17116, 3-22-84; Ord. No. 17204, 1-15-85; Ord. No. 17524, §§ 21--23, 1-6-88; Ord. No. 17889, § 18, 11-21-91; Ord. No. 17902, § 1, 1-16-92; C.F. No. 91-531, §§ 31, 32, 5-6-93; C.F. No. 93-1718, §§ 65, 66, 12-14-93; C.F. No. 95-1060, § 2, 9-27-95; C.F. No. 95-1140, § 6, 10-18-95; C.F. No. 96-307, § 3, 4-24-96; C.F. No. 96-1342, § 3, 11-13-96; C.F. No. 97-222, § 2, 4-2-97; C.F. No. 97-1089, §§ 8, 9, 10-1-97; C.F. No. 98-216, §§ 1, 2, 4-8-98; C.F. No. 99-750, § 7, 9-1-99) Chapter 63�. Zoning Code--Regulations of General Ap.plicability Prenisiaas 1796 1797 . . . .[Moved to §60.109, under a more logical locarion for this paragraph.] 1798 S�e Seag� [Moved to §60.105, a more logical locarion for tlris pazagraph.] 1799 . . . , , , 1800 '` -`- ---` --- -- ''---'. [Moved to new Chapter 62, Nonconfomung Lots, Uses and Shuctures.] 1801 . . . . 1802 . 1803 H?o��-i-956� fr��99j [unnecessary] �.' _ 1 2� . 1804 °'. `^: ^' _"---"-' ---- =--. [Moved to §60.106, a moLe logical location fox his pazagraph.] 1805 . . . .[Moved to § 60.107, a more logical locarion for tlus pazagaph.] 1806 1807 ARTICLE I. 63:100. GENERAL.PROVISIONS AND°PERE�'OR1k1ANCE STAI�DARDS 1808 1809 Sec. 63.101�. Lots adjoining alleys. 1810 In calculatrng the area of a lot that adjoins a dedicated public alley, for the purpose of applying lot area and density 1811 requirements of this code, one-half the width of such alley adjoining the lot shall be considered as part of such lot. 1812 (Code 1956, § 63103; Oxd. No. 16956, 9-9-82) 1813 Sec. 63.1023. Height liarit. 1814 The height limitarions of this code shall not apply to mechanical service stacks, tanks, ventilation equipment, chimneys, 1815 church spires, flag poles, public monuments, and similar equipment; provided, however, that the planning commission 1816 may specify a height liirut for any such structure when such shucture requires authorization as a conditional use sttbjeet 1817 . 1818 (Code 1956, § 63102; Ord. No. 16906, 4-20-82; Ord. No. 17204, 1-IS-85; C.F. No. 95-1140, § 7, 10-18-95) 1819 Sec. 63�.103�6. Height districts. 1820 In order to protect the economic and aesthetic amenities ofthe city and in orderto implementplans long envisioned, those 1821 areas of the city shown on map entitled "Height Districts of The City of Saint Paul" are restricted to the following 1822 maximum height for all structures: 1823 1824 1825 1826 1827 (Code 1956, 62.118; Ord. No. 17204, 1-15-85) 1828 Sec. 63�.i�104. Residenfial entranceway. 1829 In all Residential I7istricts, so-called entranceway structures, including, but not limited to, walls, columns and gates 1830 marking entrances to smgle-family subdivisions or multiple housing projects, may be permitted and may be located in 1831 a required yard, . , provided; that such entranceway structures shall comply 1832 with all codes ofthe City of Saint Paul, and all state codes, and shall be approved 1833 by the zoning administrator. 1834 (Code 1956 § 6z.ii2) 1835 . . . . 1836 -- . . . - , . 1837 . , . . , , . , . 1838 . . . , . [Moved to §60306.] 1839 Sec. 63105fr. Porches and decks. 1840 (a) An open, uncovered porch or deck serving the principal structure shall be subject to setback and lot coverage 1841 requirements for the principal structure with the £ollowing exceprions: 1842 (1) The porch or deck may proj ect into a required front or rear yard for a distance not exceeding ten (10) feet, 1843 providing the walking surface of the porch or deck is not higher than thirty (30) inches above the adj acent 1844 grade in the front yard and not higher than eight (8) feet above the adj acent grade in the reaz yard, but this 1845 shall not be interpreted to include or permit fixed canopies. These pemutted projecfions shall be excluded 1846 from lot coverage calculations. �� 7n 1847 (2) The porch or deck shall be no closer than six (6) feet to a detached accessory bQilc�ing, �en�s�h�porch or 1848 deck is not higher than two (2) feet above the adjacent grade. 1849 (b) The walking surface of an open, uncovered porch or deck serving a detached accessory building only shall not 1850 exceed two (2) feet in height above the ad�acent gade or shall be considered part of the accessory building and 1851 must meet all setback and lot coverage requirements for the accessory building. 1852 (c) An uncoveredporch, deck orpatio not exceeding two (2) feet in height is considered landscaping and is not subject 1853 to setback or lot coverage requirements. 1854 (d) An open, covered porch.may projeet up to six (6) feet into a required fronYyard. 1855 (Code 1956, § 63.105; Ord. No. 16204, 1-15-85; C.F. No. 99-75Q § 12, 9-1-99) 1856 Sec. 63.106�. Projections into yards. 1857 (a�) Attached vestibules, eevered enclosed entrances and greenhouses may project up to hventy (20) square feet into 1858 a required front or rear yazd and shall be included as part of the principal structure for lot coverage purposes. 1859 (b) Ramps for the handicapped are exempted and may project into required yards. 1860 (c) Chimneys and fireplaces may project one (1) foot into a required yard. 1861 (da) Except as otherwise provided for in section 63�.466500(b�), overhangs, decorarive details and bay windows may 1862 project into a required yard sixteen (16) inches plus two (2) inches for each foot of width of the required side yard. 1863 (e) Air conditioning condensers may be permitted in required side and rear yards and nonrequired front yazds. 1864 (Code 1956, § 63.106; Ord. No. 16956, 9-9-82; Ord. No. 17524, § 34, 1-6-88; C.F. No. 93-1718, § 81, 12-14-93; C.F. No. 96-462, 1865 § 10, 6-5-96; C.F. No. 99-750, § 12, 9-1-99) 1866 Sec. 63.1075. Multiple dwelling side yard. 1867 For the purpose of side yard regulations, a two-family house, a townhouse or a mulfiple dwelling shall be considered as 1868 one building occupying one lot. 1869 �coae i9s6, § 6s.ioa) 1870 Sec.63�.4108. Foundations. 1871 All buildings shall have a permanent foundation to comply with the state building code. 1872 (Ord. No. 17039, 7-7-83) 1873 Sec.63.109. Reserved. 1874 Sec. b3.110. General de$ign; staudaTds. 1875 The following design standazds shall be used insite.pian review; as applicable, unte'ssthe applicaufieau dexnonstratet&at 1876 there are circumstances unique to the. property.that make compliance impractical or.unreasonable. 1877 (a) New development shaA relate to the design of adjacent traditional b�ild'mgs, whese these are present, in scale and 1878 character. This can be achieved by maintaining similar setbacks facade divisions, roof lines, rhythm and 1879 proportions of openings, building materials and colors. Historic architectural styles need not be replicated. 1880 (b) Primary buIlding enh on all new buildings shall face the primary abutting public street or walleway, ar be 1881 linked to that sireet by a clearly.defined and visible walkway or courryard. Additional secondary entrances may 1882 be oriented to a secondary street or parking area. Entries shall be cleazly visible and identifiable from the street, 1883 and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. 1884 (c) In pedestrian-oriented commercial districts (generally chazacterized by storefront commercial buildings built up 1885 to the sidewalk) the following standards for new construction shall apply: 1886 (1) Buildings shall be as close to the sidewalk as practical. 1887 (2) At intersections, buildings shall "hold the corner," that is, have street facades at or near the sidewalks of both 1888 streets. 1889 (3) Buildings shali have a direct pedestrian connection to the street. 189Q (4) No blank walls shall 6e permitted to face the public street, sidewalks, or other pubiic spaces such as plazas. 1891 (5) Buildings shall have window and door openings facing the street; windows facing parking lots are also 1892 encouraged. 1893 (d) ResiBentialusesatsfreetleve�shal2�ganerallybe:setback�farenoughfromthe�sh ir� yard�area 1894 betweenthesidewalkat[dthe�fro�t door: Landscaping, sYeps porclies, grade:ohanges, an'd�low omamentalfences 1895 or wa[Is may be used.to provide inoreas�d privacy and livybility for frrsY £loor units. 1896 (e) All rooftop equipment shall be scxeened from view from adjacant streets, public rights-of-way and adjecent 1897 properties. Roofrop equipmerrt s�all be screened by the buildittgparapet, or shall be located out ofview4`ram �tire 1898 ground. If this is infeasible, the equipment shall be grouperl within a singla enclosure. 1'hia stxc�cture'shall b�set 1899 backadistanoeoflYztimesitsheightfromaztyprimacyfacadefiantingapubliosheet: Screan�shallbeofdurab�e, 1900 permanent materials (not incluzling wood) that are camgaYible with the prirnary huild'vag.materials. E�teriar 1901 mechanical equipment such as duetwark shallnot be located on primary building facades. 1902 (� Attached garages shaA be set back at least five (5) feet behind the principal fr�nt facade pf the building unless 1903 topographic candifions or lo� honFigura�ion make this impractical. Detached.garages shall be located cansisfent 1904 with the prevailing gattern on the block or within the neighborhood, unless physical conditions make this 1905 imprac�ical. 1906 (g) Ifh 1907 for location of a bus stap ar sheltared transi� waiting area in a convenient' and visible location. 1908 (h) The number of curb cuts shall be minimized, and shared curb cuts for adjaeent parking areas:are encouraged: 1909 Sec. 63.111. Residential develogmeIIt on steep slnpes. 1910 . In reviewing residential development on slopes of greater 19ll than twelve (12) percent, the zoning administrator shall, in addition to general site plan standards �ba�e, consider the 1912 following requirements and standards: 1913 1914 1915 1916 1917 1918 (a}) An engineering report on slope stability and hydrology, if the zoning administrator determines that such a report is warranted. The zoning administrator shall establish and maintain written criteria to use in making this determination, which criteria may include the size of the proposed development and any official records of soil instability, groundwater, and erosion in the vicinity. An engineering report must be prepared by a registered hydrological, geotechnical or soils engineer. Before a gading pernut will be issues, the following elements of the engineering report must be submitted to the City and approved: 1919 (la) An evaluation of existing conditions including slope stability, ground water, and surface water. Testing 1920 should use techniques that minimize disturbance to exisring slopes and vegetation (for example, drilling 1921 cores for soil samples rather than digging with a back hoe).j 1922 (2b) Site-specific recommendations for construction. Recommendations will depend on site conditions but may 1923 include the use of drain tiles, water-proofing walls, poured concrete foundarions and sump pumps. 1924 (3e} A schedule of inspections to be attended by City staff, the builder and the engineer who prepazed the report. 1925 As a minimum, inspections shall be scheduled prior to grading, after grading and during installation of any 1926 special measures required to deal with slope stability or water conditions. 1927 Sefore any addirional building permits will be issued, a post-grading report must be submitted and approved by 1928 the City. This report must document conditions after grading, note any problems or conditions that were not 1929 anticipatedoradequatelyaddressedinthepre-gradingportionoftheengineeringreportandmakerecommendations 1930 for solutions to any problems found. 1931 (b�) Suildingsshouldbedesignedtofitintothehillsidewithoutsignificantregradingtoprotectthestabilityoftheslope 1932 and preserve existing trees while preventing excessively tall retaining walls and unattracrive trough-shaped yards 1933 between buildings and retaining walls. Multi-story buildings are encouraged to reduce the size of the building 1934 footprint. 1935 (c3) Existing trees shall be preserved where possible and shall be protected during conshuction. New trees should be 1936 planted to partially obscure new hillside buildings and parking. To accomplish this a tree preservation plan shall 1937 be included with the site plan. 1938 (la) Tree preservation plan: Required information. The tree preservation plan shall mclude the following: 1939 a}. The location, diameter at breast height (DBH) and species of all e�sting trees siac (6) inches DBH or 1940 larger within the limits of disturbance. 1941 1942 1943 b�. The location and dimension of all buildings (existing and proposed); the location of easements, adjacent roadways and vehicular access driveways; existing and proposed grading; site drainage facilities; pazking areas; sidewalks and utilities. 1944 c3. The location of all trees that will be preserved and incorporated into the proposed site design. All tree 1945 drip lines shall be noted. -� -_ 1946 d�. A descripfion of how trees ��ll be protected before and during construcrionr •- 1(J �� 1947 e5. The locarion of trees to be removed, replacement trees and areas proposed for additional landscaping, 1948 including, but not limited to, the tree name (botanical and common); the quantity of each species; tree 1949 caliper, measured six (6) inches aboveground; and a typical planting detail. 1950 (2b) Tree replacement. In areas with slopes steeper than twelve (12) percent, trees to be removed for 1951 development or reasonably anticipated to be lost due to development shall be replaced according to the 1952 following requirements: 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 a}. Individual trees of at least twelve (12) inches DBA but less than eighteen (18) inches DBH shall be replaced on the basis of one (1) replacement tree for every one (1) tree removed. b3. Individual trees of at least eighteen (18) inches DBA but less than twenty-four (24) inches DBH shall be replaced on the basis of two (2) replacement trees for every one (1) tree removed. c3. Individual trees of twenty-four (24) inches DBH or larger shall be replaced on the basis of three (3) replacement trees for every one (1) tree removed. d#. Replacement shall not be required for removal of trees in areas to be occupied by buildings, private sh driveways, areas required for accessory parldng or within a distance of fifteen (15) feet of a building foundation ar for trees determined by the superintendent of parks to be hazardous, diseased, dying or dead. 1963 e5. Trees designated for removal wrthin the limits of disturbance may be transplanted within the site and 1964 counted as replacement trees. 1965 f6. Deciduous replacement trees of nursery stock shall be at least two and one-half (2%z) caliper inches 1966 and of a species similar to the tree(s) lost or removed Coniferous replacement trees shall be at least 1967 six (6) feet in height and of species similar to the tree(s) lost or removed. 1968 (d#) Retaining walls taller than four feet sha11 be constructed under City pernut with frost footings as required by the 1969 State Building Code and shall be engineered to retain lateral earth pressures consistent with the principles fo soils 1970 mechanics, and shall be detailed to minimize hydrostatic pressures. On a case by case basis, the zoning 1971 administrator may relaac these standards for retaining walls tha�Ct serve minor landscaping purposes. 1972 (e5) On Irvine Avenue and on Pleasant Avenue between Ramsey Street and the Walnut Street public stairway, 1973 additional hillside design standards and guidelines apply as listed in the Irvine Avenue Development Plan of 2003. 1974 Sec. 63.112. Earth-sheltered structures. 1975 In reviewing the site plan for earth-sheltered structures, the zoning adminisYrator shall, in addition 197b the above objectives, consider: 1977 (a4) Type and location of landscaping to ensure maYimum comparibility with adjacent above-gade housing. 1478 (b�) Proper safeguards for erosion control, including, but not limited to, landscaping and seeding to topsoil. Slope and 1979 bluff locations should be evaluated for their ability to withstand crumbling or sagging. 1980 (c3) Proof of soil conditions which would not cause damage to adjacent users. 1981 (d#) Proper drainage systems to handle stormwater runoff. 1982 (e5) Minimum setbacks of four (4) feet shall be required for all below-grade construcrion. Above-grade portions shall 1983 meet setback requirements of the dishict in which located. 1984 . . . - . 1485 - . 1986 . . , - - 1987 5ec. 63.113. utdoor storage near residential districts and uses. 1988 In reviewing the site plan for outdoor storage in indushial dishicts, the zoning administrator may permit outdoor storage 1989 to be within three hundred (300) feet of a residenrial dish or of a properry occupied by a one-, two-, t�ree--faiir-, 1990 tawrihause or mulrifamily dwelling; provided; that: 1991 i99z (a4) A visual screen, a minimum of six (6) feet in height, is placed between the outdoor storage and such residential district or use; 1993 1994 1995 1996 1997 1998 (b�) The zoning administrator has considered the location and design of the outdoor storage area ana �s�l �reen in relation to any plans or guidelines approved by the city council and in relation to the design character and building materials of adjacent residenfial areasc; and (c3) The zoning administrator has notified by mail the property owners within three hundred fifty (350) feet of the outdoor storage area at least ten (10) days before the administrator is to approve the site plan and has considered the property owners' comments; an$. 1999 Sec. 63�.11`49�. Visual screens. 2000 (a) Wherever a visual screen is required by this code, it shall be of sufficient height and density to visually separate 2001 the screened activity from adjacent property. The screen may consist ofvarious fence materials, earth berms, plant 2002 materials or a combination thereof. 2003 (b) Whenever visual screens are required, for the uses below, the following standards shall apply. 2004 (1) Height regulations: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 (2) Visual screens shall be located completely within the lot line. 2015 (3) Visual screen locarions shall conform with front yazd setback lines in residenrial districts. 2016 (4) When mutually agreeable to all property owners involved, a required visual screen may be located on the 2017 opposite side of an alley right-of-way from the nonresidential zone. Maintenance shall be the responsibility 2018 of the person required to erect the screen. 2019 (5) The land between the screen and the property line shall be landscaped and maintained so that all plant 2020 materials are healthy and that the area is free from refuse and debris. 2021 2022 2023 2�24 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 (6) Required visual screens shall have no openings for pedestrians or vehicles except as shown on an approved site plan. (7) Visual screens shall be maintained in a good state of repair. (8) In all cases where a required visual screen would extend to an alley or street which is an entrance to or exit from an off-street parking facility, it shall be pernussible to end the visual screen not more than ten (10) feet from such alley line or street line. (9) For multifamily strucwres with ten (10) or more units, office, commercial and industrial uses, garbage dumpsters and trash containers shall be located to the rear of the principal building and enclosed by a visual screen. (Code 1956, § 62.107; Ord. No.16799, 5-28.81; Ord. No.17204,1-15-85; Ord. No.17777,10-11-90; C.F. No. 93-777, § 2,12-28-93) Sec. 63�.115@9. Landscaping and plant materials. (a) Landscape plans shall be based on a comprehensive site and soil inventory, the surrounding landscape, sustainability issues and maintenance requirements. The following guidelines shall be used in developing landscape plans. (1) Connect or cluster landscape plantings together wherever possible, as opposed to creating isolated small plantings. Planting azeas shall be at least four (4) feet in width. (2) Reinforce the urban forest by preserving healthy mature trees where possible and planning for a continuous canopy of trees at maturity in azeas adjoining public streets or pazking lots. Foundation shrubs should be spaced close enough together to form a solid mass at maturity. (3) Stormwater treatment shall employ best management practices and shall be integrated into the landscape design to the extent possible. 2042 (b) The species, size, location and spacing of plant materials shall be appropriate far the purpose intended. r�-liste€ 2043 2044 . Plant materials must be hardy in Minnesota and for the conditions in which they will be 2045 planted. Plant materials shall meet the follo�nng standards: 2046 (1) Minimum plant sizes (at time of planting): 2047 Medium and large trees�'--2 1/2-inch caliper. 2048 Small trees--6 to 8 feet overall height. 2049 Shrubs--15 to 18 inches overall height. 2050 *Shall be balled and burlapped stock. ` � JZ� 2051 (2) Wherever plant materials are used to satisfy a visual screen requirement, planting shall be sufficiently dense 2052 to provide an unbroken visual barrier within a masimum of two (2) growing seasons after the fime of 2053 planting. 2054 . , . 2055 (3�) The genus and species of all plant materials must be identified on all plans submitted for permit approval. 2056 (c5) The owners shall be responsible for maintaining all landscaping in a healthy and growing condirion and keeping 2057 it free from refuse and debris. Dead plant materials shall be removed within a reasonable time and replaced during 2058 the normal planting season. 2059 (Code 1956, § 62.110; Oid. No. 16799, 5-28-81; Oid. No. 17062, 10-20-83) 2060 Sec. 63�116b. Exterior Gghting. 2061 (a) All outdoor lighting in all use districts, including off-street parldng facilities, shall be shielded to reduce glare and 2062 shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences in such 2063 a way as not to exceed three (3) footcandles measured at the residence dishict boundary. 2064 (b) All lighting in all districts used for the external illumination of buildings shall be placed and shielded so as not to 2065 interfere with the vision of persons on adjacent highways or adjacent property. 2066 (c) Rlumination of any other outdoor feature shall be maintained stationary and constant in intensity and color at all 2067 times when in use. 2068 (Code 1956, § 62.111; Ord. No. 16799, 5-28-81) 2069 Sec.63�.1175. �bration . 1 1 . . . . ..� : 2071 2072 2073 2074 2075 2076 (�}-FFi$rstion- Every use in an IR� or 3�EI=1 District shall be so operated that ground vibrafion is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located. Uses in I=2 and I=3 Districts creating intense earth-shaking vibrations, such as are created by heavy drop forges, shall be set back at least three hundred (300) feet from the boundary of a Residence or Business District and at least one hundred fifty (I50) feet from an I R� or itEI= 1 District unless such operarion is controlled in such manner as to prevent transmission, beyond the lot lines, of vibration perceptible without instiwnents. 2077 Sec. 63.118. Glare and heat. 2078 �me�crt. Any operarion in an IR� or i�EI=1 District producing intense glare or heat shall be performed within 2079 a completely enclosed building in such a manner as not to create a public nuisance or hazard along any boundary line 2080 of the lot on which the use is located. Any operation in an I=2 and I=3 District producing intense glare or heat shall be 2081 performed within a completely enclosed building or within an enclosure in such a manner as not to create a public 2082 nuisance or hazard along any boundary line of the lot on which the use is located. 2083 (Code 1956, § 62.117; Ord. No. 17511, § 7, 11-12-87) 2084 Sec.63.119. Reserved. 2085 Sec. 63�.120�4. Private residential pools and hot tubs. 2086 Private outdoor residential pools, both above and below ground, and hot tubs are pernutted as an accessory use within 2087 the rear yard or nonrequired side yazd; except that, for multiple-family developments, the planning commission may 2088 deternune the location of the pool or tub. Private outdoor pools and hot tubs shall meet the following requirements as 2089 applicable: 03 -�bz� 2090 (a4) There shall be a distance of not less than ten (10) feet between the adjoining properry line and the outside of the 2091 pool wall far aboveground pools. For in-ground pools, there shall be a distance of not less than five (5) feet 2092 between the adjoining properiy line and the outside of the pool wall. 2093 (b�) There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on 2094 the same lot. 2095 (c3) No swimming pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance 2096 required for side yard by the zoning code, whichever is greater. 2097 (d#) No swimming pool shall be located in a public easement. 2098 (e5) All yazds of one- and two-family structures containing swimming pools shall be enclosed by an obscuring fence 2099 not less than four (4) feet in height. All yards of residential shuctures of three (3) or more units and commercial 2100 struchues containing swimming pools shall be enclosed by an obscuring fence not less than five (5) feet in height. 2101 The gates shall be of a self-closing and self-latchmg type, with the latch on the inside of the gate, not readily 2102 available for children to open. Gates shall be capable of being securely locked when the pool is not in use. 2103 (f6) All yards containing hot tubs shall be secured as in subsection (5) above or shall have a cover which shall be locked 2104 when the hot tub is not in use. 2105 (Code 1956, § 62.116; Ord. No. 17038, 7-5-83; Ord. No. 17204, 1-15-85; C.F. No. 99-750, § 11, 9-1-99) 2106 Sec. 63�.121�. Radio and television antennas. 2107 Antennas, mcluding single satellite dish TVRO's three (3) meters or less in diameter, short-wave radio dispatching 2108 antennas, or those necessary for the operafion of household electronic equipment including radio receivers, ham radio 2109 transmitters and television receivers, are permitted as accessory uses in all zoning districts and shall meet the following 2ll0 requirements: 2111 (a}) Accessory antennas shall not be erected in any required yard, except a rear yard, and shall be set back a minimum 2112 of three (3) feet from alllot lines. 2113 (b�) Guy wires or guy wire anchors shall be set back a minimum of one (1) foot from all lot lines. 2ll 4(c3) Accessory antennas and necessary support structures, monopoles or towers may extend a maximuxn of fifteen (15) 2115 feet above the normal height restricrion for the affected zoning district. 2116 (Ord. No. 16906, 4-20-82; C.F. No. 93-1815, § 16, 12-28-93) 2117 . . . .[Moved to new §65310, Antenna, cellulaz telephone.] 2118 ' 2119 2120 ARTIGLE SI. 63200. PARKING REQi JIREMENTS 2121 . . . . 2122 Sec. 63.201. Off-street parking. 2123 - . Except in a B-4 or B-5 District, off-street parldng spaces shall be provided in all dish at the 2124 rime of erection, enlargement or expansion of all buildings in accordance with the requirements of this section. Before 2125 a certificate of occupancy shall be issued, the number of off-street parldng spaces provided shall be as hereinafter 2126 prescribed.In�T�heT'N3TraditionalNeighborhoodDistrict,thenumberofoff-streetparldngspacesprovidedshall 2127 be at least two-thirds (2/3) of the number hereinafter prescribed. 2128 Sec. 63.202. Site plan required. 2129 2130 2131 2132 2133 2134 2135 . A site plan approved by the planning commission shall be required for the establishment of a new off-street parldng facility, for the paving of an unimproved off-street pazking facility and for the repaving of an off-street parldng faciliry whose existing paved surface is removed. These facilities shall meet fi3�e all standards and regulafions for parking facilities and site plans contained in this zoning code . . , and all paving shall require a building permit pursuant to Chapter 33 of the Legislative Code. A site plan shall not be required when a new coating is applied over an existing paved surface. Site plans for one- to four-fanuly dwellings �riits may be approved by the zoning administrator. 2136 Sec. 63.203. Multi-tenant buildings and shared spaces. 2137 - . The parking requirement for each use in a multi-tenant building shall be 2138 deteimiiied based on the percentage of the gross floor azea used by each use in the multi-tenant building. Any shared 2139 space, such as an atrium, common area, utility area, unfinishedbasement, public or sharedrestrooms, staircase or elevator 2140 area shall be considered, for purposes of determining parldng requirements, the same as storage areas. Uses with access 2141 to these shared spaces shall be responsible for providing the required parking for these spaces. 2142 Sec. 63.20A. Chabge in nse.within�a-strnctnre. � `^ 1 l � 2143 . When any uses which eacist within a structure change to a new use t2c� �ll�ng 2144 rules shall apply: 2145 (a�) 2146 2147 2148 2149 2150 2151 2152 Change in use requiring additional parking. Except when commercial uses are established in the B=�C District or when parking is specifically required for a speeia� conditional use permit, when any existing uses change to new uses which xequire six (6) or more additional off-street parldng spaces than the existing uses, the sis (6) or more additional spaces shall be provided along with the spaces already provided bptina-eiristinguses. New uses which require five (5) or fewer spaces than the existing uses shall be exempt from providing additional spaces. However, this exemption provision shall be calculated cumulatively starting fro� adqption of this pravision. omJanuaty3, I 994, so that no properiy receives a total exemption of more than five (5) spaces ' an�. 2153 (b�) Change in use requiring less parking. When any exishng uses change to new uses which require fewer off-street 2154 parking spaces than the existing uses, the new uses requiring fewer off-street parking spaces shall be considered 2155 as the existing uses when determining any subsequent change in use requiring additional off-street parldng spaces 2156 in (1) above. 2157 (c3) Vacant structures. When a structure, or part of a structure, is vacant, the zoning administrator shall deternune the 2158 previous existing use for purposes of calculating parldng requirements using city records, land use surveys or 2159 directories. 2160 Sec: 63.205. Change in use oi par�[ng areas. 2161 2162 2163 2164 2165 2166 . Designated or idenrifiable existing off-street parldng faciliries, accessory to one (1) or more principal uses, structures or facilities, may be changed to another use when the remaimng off-street parking meets the requirements that this section would impose on new buildings for all facilities, shuctures ar uses, including the new use. When the remaining off-street pazking does not meet such requirements, other off-street parking shall be substituted for the parking spaces changed to another use, and additional off-street pazking shall be provided for the new use in accordance with the requirements of this section. 2167 Sec::63.Z06.:Rulesforcompufingrequiredparlaug� 2168 (a4) For the purpose of computing the number of parking spaces required, the definition of"gross floor area" in secfion 2169 60.20�6 sha11 apply. 2170 (b�) When units ar measurements determining the nusnber of required parldng spaces result in the requirement of a 2171 fractional space, any fraction up to and including one-half shall be disregarded, and any fraction over one-half shall 2172 require one (1) parking space. 2173 (c3) I`hereshallbeprovidedoff-streetparldngspacesforallpremiseslicensedforon-saleintoxicatingliquar(excluding 2174 restaurants licensed for wine, strong beer, or nonintoxicating malt liquor) or entertainment as provided herein: 2175 . , - 2176 . 2177 (1)b�v Issuance of a license to an existing structure not previously licensed during the twenty-four 2178 (24) months preceding the application, off-street parking parsuant to section 63�.}2073{gj. 2179 (2� Expansion of a licensed sh with an on-sale intoxicating liquor or an entertainment license, off-street 2180 parking at the same rate as transfer or new issuance to an existing structure not previously licensed, plus 2181 twenty-five (25) percent of any pafldng shortfall for the existing building licensed area. "Parking shortfall" 2182 shall mean the difference between required parldng pursuant to secfion 63�.}2073{gj for the e�sting 2183 licensed structure minus the number of parking spaces actually provided for that structure. 2184 (3� Expansion of a licensed structure with an on-sale intoxicating liquor or an entertainment license, or an 2185 upgrade in an - entertainment license, when located within six hundred fifty 2186 (650) feet of another existing establishment with an on-sale intoxicating liquor or entertainment license shall 2187 provide an additional fifteen (15) percent of any parldng shortfall. 2188 (d�) When at least one (1) of two (2) or more uses has a parldng deficiency and their peak parldng hours do not overlap, 2189 the zoning administrator may petxnit the dual function of their off-street parking spaces as long as peak parking 2190 hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional 2191 off-street parking. Building owners with such shazed parking pernuts shall submit an annual statement to L7EP 2192 which verifies the nonconcurrent peak parking hours ofthe buildings involved with the share x�D� and 2193 a list of uses within each building to verify no changes in uses which would require additional parldng. 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 (e5) x. If parking spaces are provided for self-pazldng, access9ble spaces shall be provided as required by the Accessibility Guidelines for Buildings and Facilities of the Americans with Disabilities Act (ADA) in conformance with the table below. One (1) in every eight (8) accessible spaces, but at least one (1) space, shall be van accessible. Required spaces need not be provided in the particulaz lot but may be provided in a different location if equivalent or greater accessibility is ensured. Each space reserved forthe exclusive use ofthe handicapped shall be designated by a sign with the international wheelchair symbol. Parking faciliries for residential uses with fewer than five (5) units are exempt from this standard but shall provide accessible spaces upon request of residents with handicaps. 2213 lr. If an existing pazking facility loses off-streetparldng spaces as a result ofmoving the facility toward compliance 2214 with the provisions of the Americans with Disabilifies Act, the parking facility shall be credited with the number 2215 of parldng spaces lost when calculating the total number of spaces provided for zoning purposes. 2216 (f6) The storage of inerchandise or trucks, the repair of vehicles, ar the business of selling merchandise is prohibited 2217 2218 (g�) 2219 2220 2221 2222 2223 2224 2225 2226 2227 in off-street parking azeas. When any land ar building is used for two (2) or more distinguishable uses, or when owners or managers of a group of buildings in a contiguous area wish to provide parldng cooperafively through a shared parking agreement, the planning commission may approve a shared off-street parldng facility perxnit. The nuxnber of off-street spaces required to serve the combination of all uses shall be determined in accordance with this section. The uses to which this section may be applied are: Office, retail, restaurant, cinema, residenrial, and/or hotel. The methodology used to deternune the minimum nuxnber of shared off-street spaces shall be the department of planning and economic development's current sharedpazking computer program, which is based on the Urban Land Instihxte's (ULn Model Shared Parking Program. All mixed use developments using this section shall meet the standards and requirements of the PED shared pazldng program subject to site plan approval as hereinafter set forth and except as otherwise amended herein. The following conditions shall apply to any shared parking facility far mixed uses: 2228 (1)a: All requirements and conditions imposed upon the shared parking facility shall be recorded on the abstracts 2229 or certificates of ritle of the land upon which the facility is located and on the titles and lease agreements of 2230 the uses sharing the facility and shall serve as norice to all subsequent purchasers of the existence of the 2231 shared parking facility and all requirements associated therewith. 2232 2233 2234 (2�r. Each use m the mixed use development shall be within five hundred (500) feet of the shazed parking facility, measured from the nearest point of the building in which the use is located to the nearest point of the shared puking facility. 2235 (3)c. Parldng spaces reserved on a twenty-four-hour basis cannot be shazed and may not be included in the 2236 minimum space requirements for the shared parking facility. 2237 (4)� All uses and buildings comprising the miYed use development, whether new or existing, must be included 2238 in detemuning the parldng requirement under this secrion. 2239 2240 2241 2242 2243 2244 (Sxr All applicarions and plans for shared parldng faciliries shall be submitted for site plan review in accordance with seetiarrCr2�6g the requirements of this code. All proposed uses for the mixed use development, together with all parldng spaces and access drives, shall be clearly designated on the site plan. Landscaped azeas shall also be designated, and proposed tree and shrubbery plantings shall be described. The commission may attach such addirional conditions to approval of the site plan as are reasonable and necessary to prevent any adverse impact upon nearby streets or properties. 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 (6}f. (�)� a3-/DZg Parking spaces designated for the handicapped shall be provided in accordance with the provisions of the Accessibility Guidelines for Buildings and Facilities of the Americans with Disabilities Act (ADA). After a shared parking facility has been approved, any subsequent change, addition or deletion in the original mixed land uses or change in intensity of such uses requiring more than five (5) additional spaces shall require permit review and approval by the planning commission. No speeia� conditional use or occupancy permit for the new or changed uses shall be issued without such approval from the planning commission unless additional off-street parking spaces are provided m accordance with subsection f6}�bare 63:207, Pazking requirements. by use . The applicant, its successors and assigns shall certify on demand in writing to the planning administrator and zoning administrator that the mixed use development and shared parking facility continue to comply with the provisions of this section, the condirions of site plan approval and any covenants, agreements or bonds executed in conjunction therewith; that no substanrial physical or operational changes have been made to the mixed use development or shared parking facility; and that no intensificarion of uses has occurred. 2258 (8)ir. The month of the yeaz that results in the geatest demand will be used to determine the minimum number 2259 of parking spaces required. The planning commission may modify the standard assumptions (percent auto 2260 usage, patrons outside hotel, captive market retail, noncaptive market--nonretail, and noncaptive market 2261 residential) if the applicant provides proof of one (1) or more of the following: 2262 a�. The locarion within five hundred (500) feet of the mixed use development of other parking facilities 2263 whose peakperiods ofuse do not conflict with those of the proposed mixed use development or which 2264 have excess parking spaces; 2265 b�. For office uses, a ride sharing program, when the applicant submits evidence that it will organize and 2266 coordinate a viable ride sharing program. The applicant may be required to submit covenants or other 2267 appropriate instruments, inrecordable form, to ensure tliat the applicant and its successors and assigns 2268 will continue to implement the ride sharing program. Performance bonds may also be required where 2269 appropriate; or 2270 c3. Reservation by the apphcant by way of covenant or other instrument in recordable form of land or 2271 space within five hundred (500) feet of the mixed use development, sufficient to provide additional 2272 pazlnng spaces equivalent to the number of spaces being reduced for a period of not less than five (5) 2273 years. 2274 5ec. 63.207. Parlang reqmrementsby nse. 2275 . . ,[Secfion 60.573 does not apply.] The minimum 2276 number of off-street parking spaces by type of use shall be deternuned in accordance with the following schedule: 2277 22�0 ���� 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 ��84 ���� 2307 2308 2309 2310 Z3�2 2313 Z��J 2316 2317 2318 2319 2320 2321 2323 ���� 2326 2327 2328 2329 2��� 2332 2333 2334 ���� 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 _ �. f,,,� � �_ _ �and C7se; ; iC'imimum 1V umiier o�Ear�ng SpxcQS ;�: ,:. - - -:. �::� �.._..... < �...�. � ...... W. � . ., . . e Crv�c and �skitalitioiial Usesr �' _ ' _t, .: ......... :: .. _ ..... ,. ..... .... . Educational and Religious Institutions ChurctilchapeUsynagogue/temple I space per 3 seats or 6 feet of pews in the mam unit of worship Day care center 1 space per employee Elementary/nuddle/junior high school 1 space per teacher or admimstrator Senior high school 1 space per employee, teacher and staff inember and I per 10 students Technica] college, trade school, busmess school 1 space per every 2 employees and staff inembers and I per every full-time student or 3 pazt-time students University, college, seminary 1 per every 2 employees and staff inembers and either I per every 3 full-time students not on campus or 1 for every 3 part-time students, whichever is greater Social, Cultural aud Recreational Facilities Prie�ate Club, lodge hall 1 space per 75 sq. ft. GFA Golf course 6 spaces per hole and 1 per employee Golf driving range 1 space per 15 feet of dnving line Multi-use community centers 1 space per 250 sq. fr. GFA Museum, art gallery 1 space per 500 sq. fl. GFA P�ttilic library 1 space per 450 sq. ff. GFA � �3°. �- �'_ ;, i �u t ;, t r� ; � , �t � �:: ,...:E .:�:. s . ._„n �. ,�. . :: :�. :. � : ._. .a, _ :.e_ _z ���� :�m �._. � _.._.. � . ��:� �: �.. ° ..s._...._-aG�_,. .: t'�:....�? a ... ..5:� , ° � .: �' :r..,.a �-� � _ „� m�mF e , s i Offices General of6ces 1 space per 350 sq. fr. GFA Office park 1 space per 400 sq. ft. GFA Ftnance, insurance, real estate office 1 space per 275 sq. ft. GFA Photographic stud�o I space per 800 sq. ft. GFA Medical FaciGties Hosp�tal 1.8 spaces per bed MedicaUdental clinic/office 1 space per 250 sq. ft. GFA Veterinary clinic/hospital 1 space per 250 sq. ft. GFA Ref�l Sales aud Services Geneial r8tail, retail stores in general 1 space per 225 sq. ft. GFA � Bank 1 space per 240 sq. ft. GFA plus 5 stacking spaces per lane for drive-in bank Beaury parlor, bazber shop 1 space per 250 sq. ft. GFA Convenience market, supermuket 1 space per 250 sq. ft. GFA Drug store 1 space per 250 sq. ft. GFA Fum�ture/appliance store I space per 500 sq. ft. GFA Hazdwaze/paint store 1 space per 340 sq. ft. GFA Laundromats, com-operated dry cleaners 1 space per every 3 washmg or cleaning machines Lumber yazd, building materials center I space per 275 sq. ft. of indoor sales azea plus I space per 5,000 sq. ft. of wazehonsefstorage. Massage pazlor 1 space per 300 sq. ft. GFA Mortuary 1 space per I50 sq. ft. GFA Multi-use retail center 1 space per 280 sq. ft. GFA Package £xpress delivery seroice 1 space per 500 sq. ft. GFA plus 1 space per employee Post office 1 space per 500 sq. ft. GFA plus I space per each 2 employees Pawtt shop, within a completely enclosed building 1 space per 225 sq. ft. GFA Pawn shop, with outdoor sales space 1 space per 400 sq. ft. of area for sales, office, plus 1 space per 2,000 sq. ft. of outdoor sales 2354 2355 ���� 2358 2359 2360 2361 2362 2363 2364 2365 2366 ���� 2369 2370 2371 ��3� 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 ��8� 2388 2389 2390 2391 2392 2393 2395 2396 2397 2398 2400 ��8� 2403 2404 I,aad C7se :: , 1Viiaimum Number af Pael�rn S aces': ` i. � . :.... . ...� ,�. .,. .., ... ...,� . . ........ ...:. ...._:.e_�ov.,� ""�'-- -' �-"- � — .... . ..: ..... .� .. ...��..': .. .. ....r.:,.,.. .... _ .. . ... : � -.. Repair shop 1 space per 300 sq. ft. GFA Showrooms, confractor's shop, exhibition halls 1 space per 900 sq. ft. GFA Food and Beverages Coffee shop, tea hoase 1 space per 175 sq. ft. GFA Restaurant with or without on-sale wine, strong I space per 125 sq. ft. GFA beer, or nonintoxicating malt liquor Establ�shment with on-sale intoxicating liquor or 1 space per 100 sq. 8. GFA and as requued m sectron 62.103(�(3) entertainment hcense class A Establishment w�th on-sale intoxicating ]iquor or 1 space per 75 sq. ft. GFA and as required in section 62.103(�(3) entertainment ]icense class B or C Restaurant, cany-out 1 space per 225 sq. ft. GFA i�a Restaurant, fast food 1 space per 110 sq. ft. GFA plus 6 stacking spaces for drive-through ]ane Lodging Bed and breakfast residenc�co�ncsci� 1.5 spaces per dwelling unit and 0.5 spaces per guest room Hotel or motel 1 space per occupancy unit plus additional for bars, restaurants, assembly rooms Co�mercial an�� Enteitainment Basketball, volleyball court 9 spaces per court Bowling, bocce ball center, billiazd hall 4 spaces per lane, 2 spaces per table aad pl�s required pazking for other uses Dance hall, bingo hall, electronic game rooms, and t space per 75 sq. ft. GFA assembly halis without fixed seats � Marina 1 space per 2 slips Miniatuxe golf 1 space per hole Roller rink, ice-skatrng rink 1 space per 100 sq. 8. GFA Sports club, health spa, kazate club 1 space per 260 sq. ft. GFA plus 1 space per employee Stadium, sports azena 1 space per 4 seats or i�Fer-eaek 8 feet of benches plus 1 space per 2 employees Swimming club 1 space per 400 sq. ft. GFA Tennis, racquetball, handball, courts/club 3 spaces per court or lane, 1 space per 260 sq. ft. GFA of related uses, and 1 space per employee Theater, auditorium 1 space per 4 seats and 1 space per 2 employees Aotomubile Services Automobile convenience market 1 space per 225 sq. ft. GFA Automobile repair shop, service station, body I space per 275 sq. ft. GFA plus 1 space per each auro service stall shop, specialty store Auto repair accessory to auto sales 2 spaces per auto service stall Automobile sales new/used 1 space per 400 sq. ft. or azea for sales, office, plus I space per 2,000 sq. ft. of outdoor sales �utamabik Caz wash 5 siacked spaces per washing lane, 2.5 spaces per stal] for self-service, and I space per 2 employees Limited Processing and Storage Self-serv�ce storage I space per 5,500 sq. ft. GFA Wazehousing, storage 1 space per 5,000 sq. ft. GFA Wholesaling 1 space per 1,500 sq. ft. GFA Industriai Uses Industrial, manufacturing 1 space per 650 sq. ft. GFA or 1 space per 2,000 sq. ft. GFA if more than 50% of production floor space is occupied by automated machinery Research and development 1 space per 575 sq. ft. GFA Sheltered workshop 1 space per employee plus 1 for each 25 program participants 2405 2406 Sec. 63.208. Parking requir.ements for.other uses. 240� For those uses not specifically menrioned in paragrapkrfaj-section 63.207, the 2408 requirements for off-street parldng shall be in accordance with a use which the planning commission considers as similar 2409 in type. When the planning commission determines that there is no use listed in section 63.207 p�} which is 2410 similar to a petihoning use, the planning commission may deterxnine the minimum number of parldng spaces required 2411 for such use. 2412 Sec. 63:209. 'Legal nonconforming parking deficiency. 24li 2414 2415 2416 2417 2418 2419 2420 2421 . Nonresidential uses with a legal nonconforming parking deficiency may provide addirional parking spaces, when not associated with the expansion of the gross floor area or a change in use requiring additional pazlang, that can be "saved" and used to meet a future parking requirement. Such additional parking must be legally added with an approved site plan and can only be "saved" for three (3) years from site plan approval date for surface parldng and for six (6) years from site plan approval date for structured parking. Such parking will not be used to decrease the legal nonconforming pazking deficiency for this period of time. If these parking spaces aze not needed to meet a new parking requirement associated with either an expansion of the gross floor area or a change in use requiring additional parking, after three (3) years for surface parldng or after six (6) years for structured parldng, the pu spaces will be used to decrease any legal nonconforming parking deficiency that may exist. 2422 Sec. 63.210. Bicycle parking;bonus: 2423 2424 2425 (a)- A nonresidenhal use with between five thousand (5,000) square feet and ten thousand (10,000) square feet of land 2426 areadedicatedtoparkingmaysubsfitutebicycleparldngforaportionofitsminimumoff-streetpazkingrequirement 2427 not to exceed one (1) parldng space. 2428 (b)- A nonresidential use with more than ten thousand (10,000) square feet of land area dedicated to parking may 2429 substitutebicycleparkingforaportionofitsminimumoff-streetparkingrequirementnottoexceedtwo(2)parldng 2430 spaces. 2431 (c): For the purpose of calculating a permitted subsritution, two (2) completely enclosed and secure bicycte lockers are 2432 the equivalent of one (1) parldng space; five (5) spaces in a bicycle rack are the equivalent of one (1) parking space. 2433 (d): The location of bicycle parking facilities shall be at least as convenient to the main entrance of the primary use as 2434 the most convenient third of the automobile parking. In addition, bicycle parking facilities shall be anchored to 2435 prevent easy removal. 2436 (Code 1956, § 62.103; Ord. No. 16799, 5-28-81; Ord. No.17062,10-20-83; Ord. No. 17204,1-15-85; Ord. No. 17205, 1-15-85; Ord. 2437 No. 17330, § 2, 2-18-86; Ozd. No. 17393, § 5, 9-4-86; Ord. No. 17470, §§ 2, 3, 7-1-187; Oxd. No. 17524, § 24, 1-6-88; Ord. No. 2438 17646, § 7, 4-6-89; Ord. No. 17689, § 7, 10-26-89; Ord. No. 17889, § 19, 11-21-91; C.F. No. 91-261, §§ 4--7, 11-23-93; C.F. No. 2439 93-1324, §§ 2--4, 6, 11-23-93; C.F. No. 93-1715, §§ 67--69, 12-14-93; C.F. No. 95-203, §§ 3--6, 3-22-95; C.F. No. 95-1444, § 4, 1- 2440 17-96; C.F. No. 96-462, §§ 8, 9, 6-5-96; C.F. No. 96-1028, § 5, 10-9-96; C.F. No. 98-216, § 6, 4-8-98; C.F. No. 99-750, § 8, 9-1-99; 2441 C.F. No. 00-972, 11-8-00) 2442 2443 ARTICLE III. 63300. OFF-STREET PARKII�G FACILITY STANDARDS AND DESIGN 2444 2445 Sec. 63�.30194. Off-street parking facility standards and design. 2446 Wherever the off-street parldng requirements in Article II, Parking Requirements, of this chapter ���** require 2447 the building of an off-street facility, or where a VP=i- Vehiculaz Pazking Distric . is provided, or 2448 whereanyoff-streetparldngfacilityisbuilt,suchoff-streetparkingfaciliriesst�allbelaidout,conshvctedandmaintained 2449 in accordance with the following standards and designc. 2450 Sec. 63.302. Site plan review. 2451 . A site plan shall be submitted for review as outlined in secfion 61�.402�9$. In addition, the 2452 following shall be submitted: 2453 (ar Ownership of all lots or parcels intended for use as parking:; 2454 (b)c 7ndicarion of all stntctures or facilities to be served by the off-street parking facilityc; and O�7 y��� 2455 (c).- Location and direcrion of drainage for stormwater runof£ " 2456 Applications for building permits that involve changing any pazking space to another use shall include the following 2457 informarion: 2458 (li) All uses, shuctures or facilities served by such off-street parking spaces; 2459 (2ii) Total number of parking spaces accessory to such uses, shuctures or facilities; and 2460 (3rii) Number of parldng spaces proposed to be changed to another use. 2461 Sec. 63.303: Parking locafian; residential. 2462 . Residential off-street parking shall consist of an off-street pazking facility or 2463 parking spaces as defined in this code. Parldng spaces for one- and two-family dwelling units shall be located on the same 2464 zoning lot that they are intended to serve. Parking spaces far buildings containing three (3) or more dwelling units shall 2465 be on the same zoning lot, in a VP� � Vehicular Parking D�istrict, or in an abutting zoning lot in the same or less 2466 restricfive zoning district. 2467 Sec.�63:304. Par.langlocation,nanxesiileutial. 2468 , . Off-street parking for other than residential use shall be either: 2469 (a) On the same zoning lot as fhe bnilding it is intended to serve;; or 2470 (b) In a VP=1� Vehicular Parking Dish ,' . , or within 2471 the same or a less restrictive zoning district as the principal use. Tliis pazkirig slrall be locate'd x� within three 2472 hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the 2473 nearest point of the off-street parldng lot-; or 2474 (c) Part of a sharzd cautiiieiCiatparking arrangement in an instifational lot p�saanTto section 65.732. 2475 Sec. 63.305. 1VIinimum layoat=dimensions: 2476 2477 2478 2479 2480 2481 2482 INSET: Parking Space Pattem 2483 Sec. 63.306. Compact spaces. 2484 f5}E�mpttetspcz��r. Accessory parking facilities may designate up to fifty (50) percent of the spaces for compact cars 2485 only, in which case, the minimum layout dimensions may be reduced to eight (8) feet in width and sixteen (16) feet in 2486 length. Compact spaces shall be designated by signs with a minimum of one (1) sign per every four (4) compact spaces. 2487 Commercial parking facilities may designate any number of compact parldng spaces. 2488 Sec. 63.307. Handicapped accessible parking spaces. 2489 Pazldng spaces for the handicapped shall be designed in accordance with 2490 the provisions of the Accessibility Guidelines for Buildings and Faciliries of the Americans with Disabilities Act (ADA). 2491 Sec. 63.308. Maneuvering lanes. 2492 Except as provided in Parr��aph{$}a€�his section 63309, access to any parking space for a use 2493 other than one- or two-family structures shall be provided by a maneuvering lane. All off-street pazldng facilities shall 2494 be designed so that any vehicle leaving or entering the facility from or onto a public street shall be traveling forward. 2495 Sec. 63.309. Stacked parking. 2496 �&},�fcrel�cirrg. Stacked parldng shall be allowed in any off-sireet parldng facility whenever an attendant is present. 2497 Space for any maneuvering of vehicles must be provided in the attended parking facility. 2498 Sec. 63.310. Entrances and exits. 2499 . Adequate entrances and exits to and from the pazking facility shall be provided by means of 2500 clearly defined and limited drives. 2501 (a)c Entrances and exits to and from a pazking facility on residentially zoned land shall not b�a o�s1Z8'in a more 2502 restrictive residential zoning district. 2503 (b)- Entrances and exits to and from a parking facility in a commercial or industrial zoning dish shall not be across 2504 land in a residential district. 2505 (c): Entrances and exits to and from all parking facilities located in land zoned other than R�L, - - - 2506 xnd -RT=2 shall be at least twenty-five (25) feet from any adjoining property in RL-- , - RT=2 2507 zoning districts. 2508 (d)- Entrances and exits to and from a parldng facility shall be at least thirry (30) feet from the point of intersechon of 2509 curblines of two (2) or more intersecting streets. 2510 (er Alley access from residential property. Entrances and exits to and from all off-street pazking facilities located on 2511 land zoned far residenrial use shall be pernutted access to an alley except where it is deternuned in the review of 2512 a site plan application that pernutting alley access may be harmful to the public peace, health and safety. 2513 Uses prohibited alley access elsewhere in the zoning code shall not be permitted alley access by the provisions of 2514 this section. 2515 ( fl: Alley access from nonresidential property. Entrances and exits to and from all off-street parldng facilities which 2516 are located on land in nonresidenfial zoning districts and which abut residenfially zoned land across an alley shall 2517 be denied alley access except where the applicant can establish, in the review of a site plan application, that 2518 allowance of alley access would not create or aggravate an unsafe condirion and one (1) or more of the following 2519 conditions exist: 2520 (1)- Altematives to alley access are unsafe due to traffic volumes, traffic speeds, proximity to an intersecrion, 2521 steep slopes, a blind pedestrian crossing, or some other unsafe condition; 2522 (2)- The location of existing structures on the property prohibits access to the street; 2523 (3).- A comprehensive plan ar a neighborhood plan approved by the city council recommends that new off-street 2524 pazking facilities be located in the rear of development sites or discourage additional curb cuts or driveways 2525 across sidewalks; or 2526 (4).- The number of pazking spaces in the off-street parking facility is seven (7) or less. 2527 If a new alley access is proposed which will serve eight (8) or more parldng spaces, notice to adjacent property 2528 owners and opporhmity for them to comment shall be provided in the manner set forth in section 6I�.402}6 g(b)(5). 2529 Decisions to grant or deny alley access are sub�ect to appeal pursuant to the provisions of sechon 61#.3700. 2530 Uses prohibited alley access elsewhere in the zoning code shall not be permitted alley access by the provisions of 2531 this section. 2532 Sec: G3.371. Wheel stops. 2533 �H3j� Provisions shall be made by use of such devices as curbs, wheel stops and earth berxns to prevent 2534 vehicles from damaging or overhanging adjacent properry, or public rights-of-way or required landscaping. 2535 5ec.63.312. Setback. 2536 (-�}}S�tbRClc Except as otherwise provided in section 66A. 4425�3f �j(c) or secrion 66�.431(b)�93{aj off-sheet parldng 2537 spaces shall not be within a required front or side yard and shall be a minimum of four (4) feet from any side lot line. 2538 (�j For housing on Irvine Avenue, a guest parking space may be provided on the driveway or elsewhere. If it is 2539 provided elsewhere, a guest parldng area is exempt from setback requirements for parldng spaces and it may be paved 2540 with gravel. 2541 Sec. 63.313. Visual screening. 2542 . For off-street parldng faciliries which adjoin or abut across an alley, a residential use or zoning 2543 district, a visual screen shall be provided and maintained; as required in section 63�.1149�, Visual screens. 2544 Sec.63.314. Landscaping. 2545 (}3-}inrrdsespi�zg. For any pazldng facility, other than a parking garage, landscaping shall be provided to buffer the 2546 facility from adjacent properties and from the public right-of-way; reduce the visual glaze and heat effects of lazge 2547 expanses of pavement; and provide azeas for the retention and absorption of stormwater runoff. All required yards and 2548 any underdeveloped space shall be landscaped using materials such as trees, shrubs, sod or groundcover plants. �n 2549 . 2550 - assi �3 �b 2552 . Any landscaped area shall be planted and maintained in accordance with section 2553 63�.11599, Landscaping: and:plant materials. All part�ing and loading areas (inoluding drive-Yhrough faailities, outdoor 2554 auto sales andrental, pump� island servioe areas and stacking spaces) adjoining public streets or sidewalks shall pravida: 2555 (a) A landscaped yard atleast'4 feet wide along the public street or sidewalk.lf vehicles may overhang the yard, an 2556 addirional3 feetofwidflishall�be.prouided. 2557 (b) In all dish except indusfrial�tiistricts, screeaing shall b� pravided consisting of a masonry wall or decoratit�e 2558 fence (not including e�iain.link) supplemented with lan8scape.snateriaf, forining a screen a srtiniinam of 3 feet in 2559 height, a mazimum of4%z feat.in heighT, andn4�less.than 50 peraent opaque. 2560 (c) In addition to perimeter landscaping, parldng lots for more than fifty (50) cazs shall contain planted islands. As 2561 a mimmum, one (1) square foot of landscaped area shall be provided for every ten (10) square feet of paving. 2562 (d) A fast-food restaurant that is not part of a retail strip center shall provide, as a minimuxn, one and one-half (1.5) 2563 square feet of landscaped area for every ten (10) squaze feet of paving. 2564 Sec.63.315. Maintenance. 2565 {}4j�bfair� All azeas of all off-street parking facilities shall be kept free from refuse and debris. 2566 Sec.:63.316. Paving. 2567 {-tSj�Cirirzg All parking spaces, driveways and off-street parking facilities shall be paved with asphalt or other durable, 25b8 dustlesssurfacingorofmaterialeomparabletotlieadjacentstreetsurfaeing[ThisreflectscurLernpolicy.]inaccardancewith 2569 other specifications of the zoning administrator. The parking uea shall be paved within one year of the date of the pernut 2570 except as provided in section 61�.i40�$(e�. 2571 Sec: 6�.3.17_: Parl�ing strttefurQSe. 2572 (a) The ground fioor Pa9ade abutting any pnblic steeet or walkway shall be designed,and azchitecturally detailed.in, a 2573 manner consistent with neazby°eommerc5al or office buildings. 2574 (b) The design af upper floors shaT�ensure that slqped f7oors �do not dominate the appearan�e ofthe� facada, 2575 (c) Windows or openings skall h8�provided fhat eeho-thoseaf�surroundi�g�buildings. 2576 (d) Entrance drives to siruchired:paYking (including=imdergoun&parking) shall be:located:and desig�e`d to min7mize 2577 inter£erence with pedest�ian movement_Pedeshian walk� shall be �ontinued:aor.oss dtiveways. 2578 (e) The appearance of stru�tured_parking:enYrances shall bE minimized so that thep donot dnminate the street fcontage 2579 of abuilding. Possible fechniques inclnde recessing=tha�entr3�;.extending:portions offhe str�ctura.overlhe���ntry; 2580 using screening and landscaping.fo soften the.appearance of the entry,• using.the smaAest curb cut and driveway 2581 possible; and subordinating the pazking entrance (compared to the pedestrian entrance) in terms.of.size, 2582 prominence, location and design emphasis. 2583 Sec.63.318. Lighting. 2584 (�Gj�ighti�zg- All parking facilities shall be illuminated to a level to allow safe, secute access to the parking facility and 2585 within it. Light fixtures on the top level of parking shuctures shall be set back from the edge so that.they are not visible 2586 from the adjoining street. All parking facility illumination shall conform to the provisions of section 63�.1169, Exterior 2587 lighting. 2588 Sec. 63.319. Stormwater runoff. 2589 Stormwater drainage from off-street parldng facilities to public sewers 2590 shall be controlled so that peak stormwater discharge rates from the site for all storms up to and including the critical 100- 2591 year frequency will not exceed: 2592 Q= 1.64 x A where Q= the maximum acceptable discharge rate in cubic feet per second and 2593 A= the site azea in acres. 2594 Pazldng facilities shall be designed so that dischazge of all stormwater runoff and surface water shall be in a fashion so 2595 as to preclude drainage of water onto adjacent properiy or toward buildings. 2596 . . . [Moved to §63312 above.] 2597 (Code 1956, § 62.104; Ord. No. 16799, 5-28-81; Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; Ord. No. 17524, §§ 25, 26, 2598 1-6-88; Ord. No. 17689, § 8,10-26-89; Ord. No.17779, § 2,10-11-90; Ord. No. 17889, § 20,11-21-91; C.F. No. 93-1718, §§ 70--73, 2599 12-14-93; C.F. No. 93-777, § I, 12-28-93; C.F. No. 97-1089, § 6, 10-1-97) 2600 ARTICLE IV: 63:400: OFF-STREET LOADING AND UNLOADING 2601 � � � 2602 Sec. 63�.40195. Off-street loading and unloading. ��° 2603 On the same premises with every building, structure or part thereof involving the receipt and distribufion of vehicles, 2604 materials, merchandise, supplies or equipment, there shall be provided and maintained on the zoning lot, in addition to 2605 zerriixg off-street pazldng in confortnance with the requirements of this code, adequate space for maneuvering, standing, 2606 loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way. Such space shall 2607 be provided as follows: 2608 (a4) All spaces shall be laid out in dimensions of at least ten by fifty feet (10' by 50� or five hundred (500) square feet 2609 in area, with a clearance of at least fourteen (14) feet in height. Loading dock approaches shall be provided with 2610 a pavement having a permanent, durable and dustless surface. All spaces shall be provided in at least the following 2611 raho: 2612 2613 2614 2615 2616 2617 (b�) No off-street loading space shall be located in any yard adjoining any residential use or zoning district. 2618 (c3) Space shall be provided within the off-street loading area so that any maneuvering back into or out of a loading 2619 space can be conducted outside of any public right-of-way. 262� (Code 1956, § 62105; Ord. No. 16799, 5-28-81) 2621 2622 2623 ARTICLE V. 63.Sb0. ACCESSORY Bi71LDfNGS 2624 Sec. 63�. SO1B6. Accessory buffdings. 2625 Accessory buildings, except as otherwise provided in this code, shall be subject to the following regulafions: 2626 (a�) When the accessory building is structurally attached to a main building, it shall be subject to, and must conform 2627 to, all regulations of this code applicable to main buildings. 2628 (b�) Accessory buildings, structures or uses shall not be erected in or established in a required yard except a rear yazd. 2629 Passenger vehicles may be parked in frontyards providingthey are located onan appro�ed ctriveway thaTleads fo 2630 a legal parking space. 2631 On corner lots, accessory buildings, structures or uses shall be set back from the street a distance equal to that 2632 required of the principal structure. 2633 When an accessory building structure or use is constructed in a rear yard which adjoins a side yard or front yard, 2634 the accessory building structure or use shall be set back from the interior lot line a distance equal to the minimum 2635 side yazd required of the principal structure. 2636 On all other lots, accessory buildings shall be set back at least three (3) feet from all interior lot lines, and 2637 overhangs shall be set back at least one-third (1/3) the distance of the setback of the garage wall or one (1) foot, 2638 whichever is greater. 2639 This setback requirement from all interior lot lines for accessory buildings in rear yards shall be waived when a 2640 maintenance easement is recorded as to the affected properties, when proof of such recorded easement is provided 2641 at the time of application for a building pernut and when the accessory building is located at least three (3) feet 2642 from any building on an adj oining lot. The recording of the maintenance easement shall be interpreted to mean that 2643 the following intents and purposes of this setback requirement are met: 2644 (1� Adequate supply of sunlight and air to adjacent property; 2645 (2�r Sufficient space for maintenance of the building from the same lot; and 2646 (3)� Prevention of damage to adjoining property by fire or runoff from roofs. 2647 2648 26�49 (c3) 2650 2651 2652 2653 2654 2655 2656 (d&) 2657 2658 2659 2660 2661 2662 A recorded common wall agreement is pemutted in lieu of a maintenance easement if the accessory structure is attached to an accessory structure on an adjoining lot. y ' �� In any residential area, accessory buildings shall not exceed fifteen (15) feet in height; �r�i�d�owever, that accessory buildings with a flat or shed roof style shall not exceed twelve (12) feet in height. Carriage house dwellings ' - - shall not exceed 25 feet in height. Exception: Accessory building heights shall not apply to property within designated Heritage Preservation Districts nor to designated historic sites. In these cases appropriate building heights for accessory structures shall be deternuned through the design review process to ensure that heights are acceptable and in keeping with scale and style of development on the property. Accessory buildings on a zoning lot may occupy up to thirry-five (35) percent of the rear yard. Rear yards which adjoin alleys may include half the area of the alley to calculate the area of the reaz yard which may be occupied by accessory buildings. On zoning lots containing one- and two-family dwelhngs, there shall be a mazimum of three accessory buildings, the tatal of whioh shall not occupy more than one thousand (1,000) square feet of the zoning lot. On zoning lots containing all other uses, accessory buildings may occupy the same percent of the zoning lot as main buildings are allowed to occupy in the: zoning. disrtict, . , . , . . . 2663 (e5) In those instances where the-rear a lot line adjoins.an alley right-of-way, 2664 the accessory building shall not be closer than one foot to such rear lot lines. 2665 (f6) On through lots, where frontage is clearly established within a given block, rear yard setbacks shall be equal to the 2666 side yard setback required of the principal struciure . 2667 (g3) Accessory buildings shall be located at least six (6) feet from the principal shucture or shall be considered attached 2668 for purposes of the zoning code. 2669 (Code 1956, § 62.106; Ord. No. 17038, 7-5-83; Ord. No. 17204, 1-15-85; Ord. No. 17476, § 1, 7-IS-87; Ord. No. 17511, § 7, 11-12- 2670 87; Ord. No. 17524, §§ 27, 28, 1-6-88; C.F. No. 93-1718, §§ 74, 75, 12-14-93; C.F. No. 96-77, § 4, 2-14-96; C.F. No. 96-1342, § 4, 2671 11-13-96; C.F. No. 99-750, § 9, 9-1-99; C.F. No. 00-972, 11-8-00) 2672 . . . . [Moved to §63.114.] 2673 . . . [Moved to §61.400.] 2674 2675 [Moved to §61.400.] . [Movedto§61.400.] 2676 . [Movedto §61.400.] Z('7'7 . [Moved to §61.400.] 2678 - . [Moved to § 63.112.] 2679 [Moved to § 63.113.] 2680 . [Moved to §61.400.] 2681 . [Moved to §61.400.] 2682 . . . .[Moved to secrion 63.115, Landscaping and plant materials.] 2683 2684 2685 2686 ARTICLE VI. 63.600. WETLAND CONSERVATION �: � ;� �• �. .�� ;� �� • : •: : '.= : � : 2687 2688 Sec.635.601A0. Pnrpose. 2689 The purpose of Article VI, Wetland Conservarion, of this chapter is to implement the Wetland Conservation Act of 2690 1991 (Minn. Laws 1991 Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water 2691 and Soil Resources (Minn. Rules Chapter 8420, as amended). 2692 (C.F. No. 94-75, § 1, 2-9-94) 2693 Sec. 635.602i�k. Incorporation by reference. 2694 Article VI, Wetland Conservation, of this chapter incorporates by reference the Wetland Conservation Act and the 2695 accompanying rules. All words and terms used in this chapter which are defined in the act, rules or elsewhere in the 2696 zoning code shall have the meanings given therein. 2697 (C.F. No. 94-75, § 1, 2-9-94) 2698 Sec.635.603ifr2. 5cope. �:" I�2� 2699 Article VI, Wetland Conservation, of this chapter regulates the draining and filling of wetlands and parts of wetlands 2700 within Saint Paul. It is a part of the zoning code (official controls). 2701 (C.F. No. 94-75, § 1, 2-9-94) 2702 . 2703 Sec. 635.604399. Exemption and no-loss determinations. 2704 The zoning adminisizator shall make determinations whether plans to drain or fill wetlands are exempt from the 2705 requirements to replace drained or filled wetlands, as set forth in Minn. Rules Part 8420.0210, and whether proposed 2706 work will result in a loss of wetlands, as set forth in Minn. Rules Part 8420.0220. The zoning administrator may seek 2707 the advice of the technical evaluation panel on questions of wetlands delineation and type. 2708 The zoning administrator's decisions are final unless an administrarive appeal to the board of zoning appeals is filed 27Q9 as set forth in section 61�.70038# of the �zoning code. 2710 2711 (C.F. No. 94-75, § 1, 2-9-94) Sec.635.605383�. Sequencing. 2712 The planning commission may not consider a wetland replacement plan unless it finds that the applicant has 2713 complied with all of the principals of sequencing in Minn. Rules Parts 8420.0520. Provided that if the size of the 2714 wetland to be drained or filled is less than one-tenth (0.1) of an acre, the zoning administrator shall make the 2715 sequencing findings as set forth in Minn. Rules Part 8420.0520, Subpart 2. 2716 (C.F. No. 94-75, § 1, 2-9-94) 2717 Sec.635.606462. Speci�teConditionaluses. 2718 Draining or filling wetlands except wetlands determined exempt in section 635.604z'`@@ shall be prirreipa�CZSes 2719 conditional uses in all zoning districts. 2720 (C.F. No. 94-75, § 1, 2-9-94) 2721 Sec. 635.607�83. Replacement plans. 2722 (a) No draining or filling of wetlands shall take place until plans to replace the drained or filled wetlands have 2723 been approved by the planning commission. Replacement plans shall conform to all the requirements of Minn. 2724 Rules Parts 8420.0530 - .0550. 2725 (b) Plans to drain or fill wetlands and to replace the drained or filled wetlands shall be acted on by the planning 2726 commission in accordance with section 61&3500, Conditional use permits 2727 , of the zoning code and with the additional notice and time requirements of Minn. Rules 2728 Part 8420.0230. 2729 (C.F. No. 94-75, § l, 2-9-94) 2730 Sec. 635.b0$�. Monitoring replacement wetlands. 2731 The zoning administrator shall assure that the wetland replacement plan monitaring and enforcement requirements of 2732 Minn. Rules Parts 8420.0600 -.0630 are fulfilled. 2733 (C.F. No. 94-75, § 1, 2-9-94) 2734 Sec. 635.609395. Wetland banking. 2735 Wetlands may be restored or created within the ciTy for purposes of deposit in the state wetland bank in accordance 2736 with Minn. Rules Parts 8420.0700 -.0760. The zoning administrator is responsible for approving plans to restore or 2737 create wetlands for deposit in the wetland bank, certifying that the wetlands were consiructed as planned, and 2738 monitoring of banked wetlands and enforcement under the rules. 2739 (C.F. No. 94-75, § I, 2-9-94) 2740 Sec. 635.610�96. High priarity areas. 2741 Decisions regarding sequencing, replacement plans and banking shall particularly favor preservarion, restorafion and 2742 crearion of wetlands in high priority areas as identified in water management plans pursuant to Minn. Rules Part 2743 8420.0350. 2744 (C.F. No. 94-75, § 1, 2-9-94) � . i " � � � � 2745 Sec. 635.611�. Appeals to the board of water and soil resources. 2746 After administrative appeals under the zoning code have been exhausted, decisions made under Article VI, Wetland 2747 Banking, of this chapter may be appealed to the board of water and soil resources as set forth in Minn. Rules Part 2748 8420.0250. 2749 (C.P. No. 94-75, § 1, 2-9-94) 2750 Sec.635.612�9$. Variances. 2751 2752 2753 2754 2755 2756 2757 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 The board of zoning appeals may grant variances from Article VI, Wetland Conservation, of this chapter so long as the variances do not vary requirements of the act or the rules. (C.F. No. 94-75, § 1, 2-9-94) Sec. 635.613�89. Technical evaluation panel. (a) �177 The city council shall appoint a person to serve on the technical evaluation panel. The person must be a technical professional with expertise in water resource management. The city council shall also select one (1) of the members of the panel to act as the contact person and coordinator for the panel. The city council, planning commission, zoning administrator, property owner or a member of the technical evaluation panel may request that the technical evaluation panel make a techmcal determination of the public value, location, size or type of wetlands in plans to drain, fill or replace wetlands. No decision on the plans shall be rendered until the panel makes the determination, as set forth in Minn. Rules Part 8420.0240. (C.F. No. 94-75, § 1, 2-9-94) Chapter 646. Zoning Code--Signs* *Editor's note--This chapter is derived from Code 1956, §§ 66.101--66.128, 66.201--66.217, 66301, 66.401--66.415, and from the following ordmances: 2769 Ord. No. Sec. 2770 16753 2771 17062 2772 17098 2773 i72oa 2774 ---------- 2775 2776 2777 2778 Sec.646.101. Purpose. Date 1-22-81 10-20-83 1-18-84 1-IS-84 Ord. No. Sec. 17223 1 17414 1 17511 1 Date 3-74-85 11- 4-86 11-1287 ARTICLE L PURPOSE AND DEFINIi'IONS 2779 The purpose of this chapter is as follows: 2780 (a�) To promote the public health, safety and general welfare of the community; 2781 (b�) To encourage a concern for the visual environment which makes the city a more desirable place to live, work and 2782 visit; 2783 2784 2785 2786 2787 2788 2789 (c�) To idenfify and promote business and industry in the city; i o 2 � ��"� (d#) To reduce hazards which may be caused by signs projecting over public rights-of-way; (e5) To protect open space and azeas characterized by unique environmental, historical and architectural resources; (fG) To protect the right of informarion transmittal; (g�) Along advanced speed arteries, to promote the safety, convenience and enjoyment of public travel, to protect the public inveshnent in highway beaurification, and to preserve and enhance the natural scenic beauty or the aestheric features of roadways in scenic and adjacent azeas; 2790 (h$) To reduce the number of nonconfornung signs in the city, particularly billboards. 2791 (i9) To control the quality of materials, construction, electrification and maintenance of all signs; 2792 , 2793 (ji�) To provide for the administration of this chapter; and, 2794 (k) 4�j To provide penalties for violations of the provisions of this chapter. 2795 (Code 1956, § 66.101; C.F. No. 00-973, § 1, 11-15-00) 2796 Sec.646.102. Definitions. 2797 All words and terms not defined in this chapter which are defined in the Minnesota State Building Code or elsewhere in 2798 the zoning code of the City of Saint Paul shall be interpreted as therein defined. Otherwise, for the purposes of this 2799 chapter, terms and words not herein defined shall have the meaning customarily assigned to them. Certain words and 2800 terms shall be defined as follows. 2801 (Code 1956, § 66.102) 2802 5ec.646.103. A. 2803 Advanced speed arteries. A limited access freeway or other road upon portions of which speeds of forty-five (45) miles 2804 per hour or greater are perniitted. 2805 Advertising sign. A sign which directs attention to a business, profession, commodity, service or entertainment which 2806 is conducted, sold or manufactured elsewhere than on the premises upon which the sign is placed. It shall be considered 2807 as a nonaccessory sign except that an advertising sign on a professional sports facility with permanent seating for more 2808 than ten thousand (10,000) spectators shall be considered as accessory. Billboards are a form of advertising sign. 2809 Advertising signs located on bus stop shelters, courtesy benches and newsstands are regulated under other chapters and 2810 aze not subject to the requirements of this chapter. 28ll (Code 1956, § 66.103; C.F. No. 00-686, § 1, 8-23-00; C.F. No. 00-973, § 1, 11-15-00) 2812 Sec.646.104. B. 2813 Billboard. Any advertismg sign larger than fifty (50) square feet except an accessory advertising sign at a professional 2814 sports facility. 2815 Bulletin board. A sign which permits the posting of announcements regarding religious, civic, philanthropic or 2816 neighborhood achvities. 2817 Bus stop shelter. Bus stop shelters are regulated under appendix I and are not subject to the requirements of this chapter. 2818 Business sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is 2819 conducted, offered, sold or manufactured on the premises upon which the sign is placed. It shall be considered as an 2820 accessory sign. 2821 (coae i9s6, § 66.io4; c.F. No. 00-9�3, § i, ii-is-oo) 2822 Sec.646.105. C. 2823 Canopy sign. A sign painted, stamped, perforated, stitched or otherwise applied either on an awning or canopy or its 2824 valance. 2825 Combinafion sign. A sign mcorporating any combinarion of the features of freestanding, projecting and roof signs. 2826 Courtesybench. Courtesybenchesareregulatedunderchapter315andarenotsubjecttotherequirementsofthischapter. 2827 (Code 1956, § 66.105; C.F. No. 93-1718, § 89, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 2828 Sec.64G.106. D. 2829 Directional sign. A sign which is used for the regulation o£ traffic flow into and within a parldng lot. 2830 Display surface. The area made available by the sign structure for the purpose of displaying the advertising message. 2831 (Code 1956, § 66.106) 2832 Sec. 645107. E. �� �?' , �o � 2833 Electric sign. A sign containing electrical wiring, but not including signs illuminated by an exterior light so � e. 2834 Electronic message sign. A sign which allows for periodic changes in copy or symbols by electronic means. 2835 (Code 1956, § 66.107; Ord. No. 17536, § 1, 2-2-88) 2836 Sec.64fr.108. F. 2837 Flashing sign. An illuminated sign on which the illuminarion is not kept stationary or constant in intensity oz color at 2838 all times when the sign is in use. An electronic message sign is not considered a flashing sign. 2839 Freestanding sign. A sign which is mounted into the ground or supported by one (1) or more upright poles, columns, 2840 or braces placed in or on the ground and not attached to any building. 2841 (Code 1956, § 66108; Oxd. No. 17536, § 2, 2-2-88; C.F. No. 93-1718, § 90, 12-14-93) 2842 Sec.645.109. G. 2843 Gross surface display area. The enrire area within a single continuous perimeter enclosing the extreme limits of such 2844 si�, but in no case passing through or between any element of the sign. The background on which a sign is placed shall 2845 be enclosed within the perimeter when the background is an integral part of the sigi display surface. When signs are 2846 painted on or applied directly to a building, the perimeter shall include all elements of the sign together with the 2847 background of a different color than the natural color of the building. The perimeter shall not, however, include 2848 supporting framework or bracing when not used as a sign display surface. 2849 (Code 1956, § 66.109; C.F. No. 93-1718, § 91, 12-14-93) 2850 Sec.645.110. H. 2851 (Code 1956, § 66.110) 2852 Sec.64G.11L I. 2853 Identification sign. A sign staring the name of a person, firm or name or descriprion of a use of the premises. 2854 Illuminated sign. A sign upon which artificial light is directed or which has an interior light source. 2855 (Code 1956, § 66.111; Ord. No. 17536, § 3, 2-2-88) 2856 Sec.6d6112. J. 2857 (Code 1956, § 66.112) 2858 Sec.645.113. K. 2859 (Code 1956, § 66.113) 2860 Sec.645.114. L. 2861 Lot frontage. The width of a lot measured along the line separating the lot from any street, as defined in Chapter 60. For 2862 a lot having frontage on more than one (1) street, the lot frontage far the purposes of this chapter may be determined by 2863 using the frontage having the least width plus one-half of the additionallineal feet of lot frontage. 2864 (Code 1956, § 66.114; C.F. No. 99-750, § 13, 9-1-99) 2865 Sec.646115. M. 2866 Marquee. A permanent, roofed structure attached to and supported by the building and proj ecting over a public right-of- 2867 way. 2868 (Code 1956, § 66115) 2869 Sec.646.116. N. 2870 Newsstand. Newsstands are regulated under chapter 128 and are not subject to the requirements of this chapter. 2871 Nonstructural trim. The molding, battens, caps, nailing strips, latricing, cutouts or letters and walkways which are 2872 attached to the sign structure. 2$73 (Code 1956, § 66.116; C.F. No. 00-973, § 1, 11-15-00) 2874 5ec.646117. O. 2875 (Code 1956, § 66.117) 2876 Sec.646.118. P. 2877 2878 2879 2880 2881 2882 2883 �� � ClZO Park. Land owned and maintained by the city that is used primarily far recreational purposes. �-'' '«- Parkway. A street designated as a parkwayby Chapter 145 ofthis Code and also Interstate Highway I-35E between West Seventh Street and Interstate Highway I-94. Political sign. A temporary sigi which displays informarion pertaining to an upcoming governmental distnct, city, county, state or narional election. Portable display surface. A display surface temporarily fixed to a sign sh-ucture which is regularly moved from shucture to structure at periodic intervals. 2884 Partable sign. A sign which is attached to a chassis with wheels or skids or to a metal ox wood frame, which is not 2885 permanently mounted into the ground. 2886 Projecting sign. A sign other than a wall sign which proj ects from and is supported by a wall or a building or structure. 2887 (Code 1956, § 6618; Ord. No. 17536, §§ 4, 5, 2-2-88; C.F. No. 93-1718, §§ 92, 93, 12-14-93) 2888 Sec.646.119. Q. 2889 (Code 1956, § 66.119) 2890 Sec.64G.120. R. 2891 Rea1 estate development sign. A business sign placed on the premises of a subdivision or other real estate development. 2892 Real estate sign. A temporary sign placed upon a property advertising that particular property for sale, rent or lease, and 2893 excluding a cloth, vinyl ar banner sign, which are regulated under section 64fi.�402(m)(3). 2894 Required yard. The space between the public right-of-way and the legal setback line, as defined in Chapter 60. 2895 Right-of-way. The publicly owned land on which medians, roadways, shoulders, slopes, frontage roads, boulevards, 2896 sidewalks or on and off ramps are located. 2897 Roof sign. A sign erected upon or above a roof or parapet of a building or structure. 2898 (Code 1956, § 66.120; Ord. No. 17536, § 6, 2-2-88; C.F. No. 93-1718, § 94, 12-14-93) 2899 Sec.64G127. S. 2904 Sign. The use of words, numerals, figures, devices, designs or trademarks the purpose of which is to show or advertise 2901 a person, firm, profession, business, product or message. 2902 Sign structure. Any structure which supports or is capable of supporting any sign as defined in this ehapter. A sign 2903 structure may be a single pole; it may not be an integral part of a building. 2904 State building code. The Minnesota State Suilding Code, as may be amended from rime to time, including all 2905 amendments thereto made from the date of enactment of the state building code. 2906 Swinging sign. A sign that moves back and forth freely, or sways in the wind. 2907 (Code 1956, § 66121) 2908 Sec.64G.122. T. 2909 Temporary sign. A sign, flag, banner, pennant or valance constructed of cloth, canvas, light fabric, cardboazd, wallboazd 2910 or other light materials, with or without frames, which is not pexxnanently secured, intended to be displayed for up to tlu�ee 2911 (3) nonconsecutive times per calendar year, each for a limited period of time only, not to exceed thirry (30) days, or once 2912 a year not to exceed ninety (90) days except that such signs may remain in place during the time of the construction of 2913 a building, during the time a building is offered for sale, rent ar lease, until the closing date of sale, or as othercvise 2914 regulated herein. A portable sign shall not be deemed to be a temporary sign. 2915 (Code 1956, § 66.122; C.F. No. 93-1718, § 95, 12-14-93) 2916 Sec.645.123. U. 2917 (Code 1956, § 66.123) 2918 Sec.645124. V. 2919 (Code 1956, § 66.124) 2920 Sec.646.125. W. 2921 Wall sign. A sign attached to or erected against the wall of a building or structure, with the exposed face of sign in a 2922 place substantially pazallel to the plane of said wall. 2923 (Code 1956, § 66125) 2924 Sec.645.126. X. 2925 (Code 1956, § 66.126) 292b Sec. 646.127. Y. 2927 (Code 1956, § 66.127) 2928 Sec.64G.128. Z. . ���0 2929 Zoning district. A district shown on the zoning map of Saint Paul which is incorporated into the zoning code. 2930 (Code 1956, § 66.128) 2931 2932 2933 ARTICLE II�. 646.$200. ADMINIST'RATION AND ENFORCEMENT r� � =� � •��- � .. . .. r� . 2937 Sec. 646.RB201. Dufies of zoning administrator. 2938 (a) The zoning administrator sha11 enforce the provisions of this chapter and any amendment thereto and shall have 2939 the power to certify zoning compliance and sign permits, and to make inspecrions of buildings or premises 2940 necessary to carry out his duties in the enforcement of this chapter. 2941 (b) 2942 2943 2944 2945 2946 2947 2948 2949 2950 Whenever necessary to make an inspection to enfarce any of the provisions of this chapter, or whenever the zoning administrator or his authorized representative has reasonable cause to believe thatthere exists any sign or any condition which makes such sign unsafe or violative of this chapter, the zoning administrator or his authorized representative may enter the premises or building on which such sign is located, at all reasonable times, to inspect the sign or to perform any function or duty required of the zoning administrator by this chapter; provided, that if such a building or premises on which the sign is located is occupied, he shall first present proper credentials and demand enhy; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the zoning administrator or his authorized representative shall have recourse to every remedy provided by law to secure enhy. 2951 (c) No owner or occupant or any other person having charge, care or conh of any building or premises shall fail or 2952 neglect, after proper demand is made as herein provided, to promptly permit enhy therein by the zoning 2953 administratororhisauthorizedrepresentariveforthepurposeofinspecfionofsignsandthosecondifionsrendering 2954 such signs unsafe pursuant to this chapter. Any person violating this paragraph shall be guilty of a misdemeanor. 2955 (d) The zoning administrator shall not issue any sign pernuts that do not conform to this chapter. No renewal of an 2956 expired pernnt shall be issued for a use or structure made nonconforming by amendments to this code. 2957 (e) The zoning administrator shall not grant any variances with respect to this chapter in carrying out his duties as 2958 zoning adminisirator. Variances may be granted by the planning commission. The zoning administrator shall grant 2959 a permit upon a finding of compliance with the conditions imposed by this chapter. 2960 (fl 2961 2962 2963 2964 2965 Billboard inventory and enforcement. The zoning administrator shall maintain an inventory ofbillboards in the city. The zoning adminisirator shall from time to time perform inspections of all billboards in the city and maintain records, which may include photographs, of all billboards. If the zoning administrator deternunes that the opinion of a structural engineer or other experts are needed, the zoning administrator may hire a consultant. A billboard owner must provide access for inspectors promptly; such access may involve getting to a rooftop through a lessor's building or providing a cherry picker. 2966 (g) Billboard fees. The ciry shall collect annual billboard fees from their owners. Said fee shall be set by the clty 2967 council by resolution upon recommendatron from the zoning administrator on what amount is adequate to cover 2968 the city's costs for staff and contracted services to maintain the billboard inventory and strictly enforce all city 2969 regulations for billboards. The fee may be adjusted from year to year to reflect changes in the city's costs. 2970 (Code 1956, § 66.402; C.F. No. 93-1718, § 11I, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 2971 Sec.645.202�03. Licensing. n -�, ti� (i p� � 2972 a General. No erson en a in or seekin to en a e in the business of erectin or installin re ain �m�aintainin t) P g S�g b B g g S> P g> S 2973 or conshucting any sign or sign structure within the limits of the city of Saint Paul shall so operate without a license 2974 issued in accordance with the provisions of this section. 2975 (b) Procedure. The zoning administrator, upon a finding that the information on the application indicates that the 2976 applicant meets the minimum requirements of applicable laws, and attests to a general Imowledge of the city's sign 2977 regulations, shall issue a license to the applicant. An applicant who believes he or she is wrongfully denied a 2978 license by the zoning adnunistrator may appeal to the city council for a further deternunation of whether a license 2979 should be issued. 2980 (c) Place ofbusiness. No license shall be granted under the terms ofthis section to any person unless that person shall 2981 have and maintain a bona fide business address. The license certificate shall be kept at this address at all rimes, and 2982 the zoning administrator shall be notified of any change of business location o€-this to another address. 2983 (d) 2984 2985 2986 2987 2988 2989 Bond requirements. (1) No license issued under the terms of this section sha11 become effective unril the licensee shall have filed with the zoning administrator a surety bond in the sum of eight thousand dollars ($8,000.00) in favor of the City of Saint Paul and conditioned that the city will be saved harmless from any loss, damage, costs or lawsuits by reason of improper or inadequate work performed by the holder of said license under the provisions of this chapter. Such bond shall be subject to approval as to forxn, execurion and surety. Approved bonds shall remain in force for a period of time equivalent to the period of the license. 2990 (2) In lieu of the bond required in (1) above, the licensee may post a compliance bond with the state deparhnent 2991 of commerce, as set forth in Minn. Statutes 325E.58. 2992 (e) Fees. Any person fulfilling all qualifications and regularions stated herein and upon payment of a fee of one 2993 hundred twenty dollars ($120.00) shall be issued a license under the provisions of this section. 2994 (fl Expiration and renewal of licenses: 2995 (1) All licenses shall expire on the last day of the calendar year of issuance unless sooner revoked or forfeited. 2996 If a license granted hereunder is not renewed previous to its expirarion, then all rights granted by such after 2997 the expiration of the license shall be a violation of this chapter. 2998 (2) Renewal. Licenses may be renewed after the expiration date. 2999 (g) Revocation or suspension of licenses: The city council may suspend or revoke the license of any person licensed 3000 under this chapter through the adverse action process upon a finding of a violation of section 310.06, according 3001 to hearing procedures as defined in section 310.05. 3002 (Code 1956, § 66.403; C.F. No. 93-1718, § 112, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 3003 Sec.646.tiO3�. Permits. 3004 (a) 3005 3006 3007 3008 3009 3010 3011 Application. Applications for sigi and/or sign shucture pemuts shall be submitted to the zomng administrator. Each application shall contain the names and addresses of the owners of the display structure and property; the address at which any signs are to be erected; the lot, block and addition at which advertising signs are to be erected and the street on which they are to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and placing of the display structure. Structural plans are required for all freestanding signs greaterthan fifty (50) square feet. Permit applicafions for advertising signs along state trunk highways and interstate highways sha11 be accompanied by proofthat the applicant has obtained a permit from the State of Minnesota far the advertising sign. 3012 (b) Consent. Applications for signs and/or sign structures erected, maintained or used for the public display ofposters, 3013 painted signs or reading material shall be accompanied by an affidavit of a lease in force or deed indicating the 3014 consent of the owners of the property on which the display structure is to be erected. 3015 (c) Advertisingsignbond.• 3016 (1) The owner or persons in control of each and every advertismg sigi maintained within the limits of the City 3017 of Saint Paul shall file a bond in the sum of h�o thousand dollars ($2,000.00) for each and every advertising 3018 sign. The bond shall be conditioned to indemnify and save the City of Saint Paul harmless from all damages, 3019 costs and expenses, actions and causes of action that the city may incur or be liable to incur by reason of 3020 construction, maintenance or removal of any advertising sign. 3021 (2) In lieu of the two thousand dollars ($2,000.00) bond required above, the owner may provide a bond covering 3022 all adverhsing owned or in control of any person, firm or corporarion which shall be in the amount of twenty- � z�z� 3023 five thousand dollars ($25,000.00) and shall be filed with the city. This bond shall be condirioned as stated 3024 above. 3025 (3) All bonds shall be kept in force as long as the advertising signs are maintained. If any of the bonds becomes 3026 discharged by reason of nonpayment, liability, lapse of time for any reason whatever, the same shall be renewed 3027 immediately. If the bonds are not renewed upon demand, the advertising signs for which said bonds were enacted 3028 may be summarily removed by the city. 3029 (Code 1956, § 66.404; C.F. No. 93-1718, § 113, 12-14-93; C.F. No. 97-1089, § 11, 10-1-97) 3030 Sec.646.204RB5. Exemptions. 3031 The following signs shall not require a pernut. These exemprions shall not be construed as relieving the owner of the sign 3032 fromtheresponsibility of its erecrion andmaintenance, and its compliance with the provisions of this chapter or any other 3033 law or ordinance regulating the same. 3034 (a}) The changing of the display surface on a painted or printed sign only. However, this exemption shall apply only 3035 to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. 3036 (b�) Signs six (6) square feet or less in size. 3037 (c3) Lettering on motor vehicles when not utilized as a pazked or starionary outdoor display sign. 3038 (d�) Polirical signs. 3039 (Code 1956, § 66.405; Ord. No. 17524, § 36, 1-6-88) 3040 Sec. 646.205466. Abandoned signs. 3041 Any business sign which advertises, identifies or pertains to an activity no longer in existence shall be removed by the 3042 owner of the properry within thirry (30) days from the time the acrivity ceases existence. This provision does not apply 3043 to seasonal activiries during the regular periods in which they are closed. 3�44 (Code 1456, § 66.406) 3045 Sec. 646.Z06d9�. Inspection and removal. 3046 (a) All signs requiring a permit shall be inspected by the zoning adminisirator. The sign installer shall notify the zoning 3047 adminislrator at least forty-eight (48) hoLns prior to the installation of the sign. 3048 (b) Footing inspections may be required by the zoning administrator for all signs having footings. 3049 (c) All signs containmg electrical wiring shall be subject to the provisions of the electncal code, and the electrical 3050 components used shall bear the label of an approved testing agency. 3051 (d) The zoning administrator may order the removal of any sign that is not maintained in accordance with provisions 3052 of this chapter, provided he has sent a letter specifying the grounds for removal to the perxnittee giving the latter 3053 ten (10) days in which to appearbefore the zoning administrator to show cause why the sign could notbe removed. 3054 (e) All signs may be reinspected at the discrerion of the zoning admimstrator. 3055 (Code 1956, § 66.407; C.F. No. 93-1718, § 114, 12-14-93) 3056 . . . . 1 =. . . : .. . . , • . : • : :. 1 : .. . . • � � : : .: . • . . . � : 1 . •. : • . .:: 1�1 . : : . _.� .� . : .. 1. :.. . . .• . .. .. :• '. 1� : 3063 , . , . . . - , , - - [Provision for appeals is covered under §61.701.] 3064 3065 3066 3067 3068 3069 3070 3071 Sec.646.Z07�99. Variances. Applications for variances from the strict enforcement of ttie provisions app�ieatiares of this chapter shall be �filed and revi�wed according to the provisions in Ghapter� 61, Administration and Enforcement. In addition to the xequirements for variances in section 61.601, the appiicant shall demonstrate that sach variauce is needed due to �i�`mri�uesigns�' unusual conditions pertaining to sign needs for a specific building or lot, , andtliat:the sign would not create a hazard, , would not be objectionable to adjacent property owners, would not adversely affect residential property through excessive �m '�' " ��� 3072 glare and lighting, and would be in keeping with the general chazacter o�the surrounding area. 3073 3074 . 307$ (Code 1956, § 66.409) 3076 . . . . 1 ..• : : .. . . 1 : . .: ,. . •.• .. : .• . 1 .: . ._. . : •: .. : � 1: . . •. . . . . . . . . . . . .� • � : •. . I• • � ,.• . :• J • ..' •, .. 1: • : . � . • .• . • 1: - 1:� ��- �� 1: . :. . .: : . : � • .. : 1: . • .: •. .. : : . .. : •.. 1' :• . . •. . •. . : ... .� 1:: 3089 (+°ade-}956;-§-6Cr.d�j (This is an unnecessary restatement of §60.113, Vested right.] 3090 . . . . 1` =. . . . • . . :. : :. . : . :• 1' .. . •: .: . • . : . . 1' : •. . . . : : . 1'� . . ..• . .• � 3095 h°ade3-956� §-66-d-13j [This is an unnecessary restatement of §61.901, Violarions.] 3046 . . . . 3097 3098 , 3099 , . 3100 {��ade-t956�6G.4i3) [This is an unnecessary restatement of §61.902, Public nuisance.] 3101 . . . . 3102 . 3103 (2a� [This is an unnecessary restatement of §61.904, Each day a sepaxate offence.j 3104 . . . . 3105 . 3106 H°ede�95G,�-66-�5j [Tlus is an unnecessary restatement of §61.905, Rights and remedies aze cumulative.] 3107 3108 ARTICLE III. 645300. NONCONFORMING SIGNS 3109 3110 Sec. 646.301. Nonconfacttung=signs 3�nt�at. 3111 It is recognized that signs exist within the zoning districts which were lawful before this chaptez was enacted, which 3112 would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this 3113 chapter that nonconfornung signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding 3114 other signs or uses prohibited elsewhere in the same district. It is further the intent of this chapter to pernut legal 3115 nonconforn�ing signs exisfing on the effecfive date of this chapter, or amendments thereto, to continue as legal 3116 nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned 3ll 7 or removed subject to the following provisions: 3118 (a}) No sign shall be enlarged or altered in a way which increases its nonconfornuty except for tempoxary extensions 3ll 9 on billboards as pernutted in paragraph (g}) of this section. . , __ � 3120 (b�) Should such sign or sign structure be destroyed by any means to an extent greater than fifiy-one (�1 �perce�k't of its 3121 replacement cost, it shall not be reconstructed except in confornuty with the provisions of this chapter. 3122 (c3) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform 3123 to the regularions for the zoning district in which it is located after it is moved. 3124 (d#) No existing sign devoted to a use not pernutted by the zoning code in the zoning dish in which it is located shall 3125 be enlazged, extended or moved except in changing the sign to a sign pernutted in the zoning district in which is 3126 it located. 3127 (e5) When a structure loses its nonconforming status, as set forth in the zoning code, secrion 62.106�(g�{�j all signs 3128 devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a 3129 neutral color or a color which will harmonize with the siructure. 3130 (f6) Signs may be repainted, reposted or replaced when there is a change of any nonconfornung use as set forth in the 3131 zoning code, section 62.105�(ce){3-j. 3132 3133 3134 3135 3136 3137 3138 3139 (g}) Any rectangulaz billboard may contain extensions, cutouts or top lettering which occupy a total area not in excess of fifteen (15) percent of the area of the basic advertising sign and form an integral part of the design thereof; and provided further, that no such extension, cutout or top lettering may project more than six (6) feet from the top, eighteen (18) inches from either side or fifteen (15) inches from the bottom of the basic rectangular advertising message. The area of an extension, cutout or top lettering shall be deemed to be the area of the smallest rectangle into which such extension, cutout or top lettering will fit. Temporary extensions shall be completely removed not later than ninety (90) days after installation and the total combined period of temporary extensions for a sign face shall not exceed one hundred eighty (180) days per year. 3140 (Code 1956, § 66301; C.F. No. 00-973, § 1, 11-15-00) 3141 Sec. 646.302. Nonconforming signs; exceptions. 3142 Any advertising sign existing as of the date of this section [February 2, 1988] which is located in a zoning district which 3143 does not permit advertising signs or which does not conform to the size, height and/or spacing requirements of this 3144 chapter may be replaced, relocated or renovated in the mam�er provided in this section; provided, however, that such 3145 activityshallbringthesignintogreatercompliancewiththeprovisionsofthischapterandsarisfythefollowingstandards: 3146 (a) Advertising signs to be replaced, relocated or renovated on the same zoning lot: 3147 (1) The zoning lot must be within a zoning dish in which advertising signs are a permitted use, as specified 3148 in secfion 66.214(a) or (i), or as permitted in a special sign district approved by the city council. 3149 (Code 17536, § 30, 2-2-88; C.F. No. 93-1718, § ll0, 12-14-93) 3150 3151 3152 ARTICLE �IV. 646.�400. GENERAI. PROVI5IONS 3153 Sec. 646.�401. All signs-- ', . 3154 No person shall place, erect or maintain a sign, nor shall a lessee or owner pernut properry under his control to be used 3155 for such a sign, which does not conform to the following requirements and without first obtaining the requisite pemut 315b for such sign. The following provisions shall apply in all zoning districts, and to all exterior signs visible to the general 3157 public from a public right-of-wa , 3158 3159 3160 3161 �� (a4) No sigi or sign structure shall be erected or maintained at any location where, by reason of its position, size, shape, content, color or illuminarion, it may obstruct, impair, obscure, interfere with the view of, ar be confused with any traffiacontrol sign, signal or device, or where it may interfere with, mislead or confuse traffic. 3162 (b�) No sign or sign structure sha11 be erected or maintained in such a manner that any portion of its surface or supports 3163 will interfere in any way with the free use of any fire escape, exit or standpipe. 3164 3165 3166 3167 3168 3169 3170 (c3) All signs which are unsafe and/or unsightly shall be repaired orremoved. Unsafe signs mustbe repaired orremoved within twenty-four (24) hours after notification. Unsightly signs must be repaired or removed within fifteen (15) days of notification. The tersn "unsightly" shall mean a condition in which the sign has deteriorated to the point where at least one-fourth of the surface area of the name, identification, description, display, illustration or other symbol is no longer clearly recognizable at a distance of twenty (20) feet; or where paint is peeling, chipping or flaking from the structure surface; or where the sign has developed significant rust, corrosion, rotting or other deteriorarion in the physical appearance, or is so faded that it is not clearly recognizable at a distance of twenty (20) _n ���� 3171 feet; or where an illuxninated electrical sign is no longer in proper worldng order. emoval, in the case of painted 3172 wall signs, shall mean a complete repainring of the background on which the sign was painted, or a sandblasting 3173 of the surface to reveal an exterior fmish compatible with surrounding surfaces, so that no part of the sign is any 3174 longer recognizable. 3175 (d�) No sign shall be painted directly on or affixed to any tree, rock or utility pole. 3176 (e5) Lots on which signs are located shall be kept neat, orderly and free of debris. 3177 (f5) All signs with the display surfaces back-to-back and parallel shall have no more than an eight-foot distance between 3178 each surface. All signs with the display surfaces at an angle to one another shall have the angle no greater than 3179 thirty-five (35) degrees. Display surfaces shall face in opposite directions and shall be owned by the same 3180 permittee. 3181 (g�) All signs which have their backs visible to public view shall have such backs painted in a neuh color compatible 3182 with the background against which they aze set. 3183 (h$) No swinging sign shall be erected; freestanding, ar shall be hung or attached to any building or structure. 3184 (i9) No signs shall be located in, project into or overhang a public right-of-way, except those projecfing business signs 3185 permitted in business and industrial districts that do not violate Minnesota Statutes, Section 160.27, and signs 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 established by the City of Saint Paul, County of Ramsey, state or federal governments. (j-�9) For parldng lot azeas, one identificafion sign not to exceed a total of fifteen (15) square feet in area is permitted per parking lot entrance. An identification sign up to twenty-five (25) square feet in area, however, may be permitted if such sign incorporates the following uniform parldng symbol: fifry (50) percent of the total sign area of the parldng identification sign must bear thereon a blue rectangle with a white letter "P" in Gothic type face with the letter "P" being not less than fifty (50) percent of the area of the blue rectangle. The remaining portion of the sign incorporating such a parldng symbol may be used for other pertinent information. In addition to the one identificarion sign per parking lot entrance, however, one directional sign not to exceed a total of four (4) square feet is permitted per entrance or exit. Such directional signs may be up to ten (10) square feet in area if they also incorporate the above-prescribedparldng symbol. Theseparking identification and directional signs are in addition to other signs pernutted in each zoning district. No sign shall project higher than fifteen (15) feet above gade. 3197 (k) �i-j Illuminated signs are pennitted, except that flashing signs are prohibited. 3198 (H-2) 5igns of the City of Saint Paul, County of Ramsey, state, and federal governments and subdivisions and agencies 3199 thereof which give orientation, direction or traffiacontrol information shall be permitted in all zoning districts. 3200 (m) �3j—B�t3rsides Only: one side of a double-faced sign or V-shaped sign shall be used to compute the gross surface 3201 display area, display surface area or sign area of a sign. 3202 (n) }4j Canopy signs that are parallel to the street shall be regulated as wall signs. Canopy signs that are perpendiculaz 3203 to the street shall be regulated as projecring signs. 3204 (o) If a buildirig will contain mulfiple ases, a comprehensive sign program and a unifonn sign theme shaR be 3205 estahlisHed. Signs'shafl be designed with cammon or compafible sizes, shapes and materials. 3206 (p) �aigns attackte8 to bdildit�gs sfiail ba posiYione�l so that th�y are an intea a1 design f�ature of the building, and to 3207 complement and enhance the building's architectnzal featares. Signs �sha11 not��obscu7e or desYroy archifeetaral 3208 details such.as stone arches;:glass transam panels, or deaorative briakwork. 3209 (Code 1956, § 66201; Ord. No. 17536, §§ 7--10, 2-2-88; C.F. No. 93-1718, § 96, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 3210 Sec. 646.�402. Structural design and construction. 32ll (a) Building code. Signs in all zoning districts shall conform to the shuctural design standards of the state building 3212 code. 3213 (b) Supports. The supports for all signs except signs established by the City of Saint Paul, County of Ramsey, state 3214 or federal governments, and subdivisions and agencies thereof, shall be placed in or upon private properry and shall 3215 be secuzely built, constructed and erected in conformance with the requirements of this chapter. 3216 (c) Restrictions on combustible materials. All signs and sign structutes, exceptfreestanding signs, shall have structural 3217 3218 3219 3220 members of noncombustible materials. Combination signs, roof signs, wall signs, pro�ecting signs, canopy signs and signs on marquees shall be constructed of noncombustible materials, except as provided in this subdivision. No combustible materials other than approved plasrics shall be used in the construction of electric signs. . " ���� 3221 (1) Nonstructural Trim: Nonstructural irim and portable display surfaces may be of wood, metal, approved 3222 plastics or any combination thereof. 3223 (2) Display Surfaces: Display surfaces in all types of signs may be made of wood, metal, plastics or approved 3224 materials. 3225 Any secrion of approved plasrics on wall signs shall not exceed a total of two hundred fifiy (250) square feet in 3226 area. 3227 Sec. 64.403. Clearance and obstrncrion. . 3228 3229 3230 3231 3232 3233 3234 (a�) Clearance from High Voltage Power Lines: No sign or part of a sign support structure may interfere with any electric light, power, telephone ar telegraph wires or the supports thereof. All signs must be sufficiently clear of high voltage power lines so that signs can be safely erected and maintained. Signs shall be located not less than six (6) feet horizontally or twelve (12) feet vertically from overhead elech conductors which are energized in excess of seven hundred fifty (750) volts. The term "overhead conductors," as used in this section, means any electdcal conductor, either baze or insulated, installed above the gound, except such conductors as are enclosed in iron pipe or other material covering of equal strength. 3235 (b�) Obstruction of Openings: No sign shall obshuct any openings to such an extent that light or ventilation is reduced 3236 to a point below that required by the state building code. 3237 Signs erected within five (5) feet of an opening in an exterior wall in which there are openings within the wall shall 3238 be constructed of noncombustible material or approved plasrics. 3239 Sec. 64.404. Electric signs: H�- 3240 (a}) Code Requirements: All electric signs shall meet the requirements set forth in the National Electrac Code and the 3241 state building code. 3242 (b�) Face Retainers, etc.: All face retainers shall be of thiclaiess design and construcrion as to properly support the 3243 plastic panels of the sign faces. Frames and retainers shall structurally be continuous around the entire panel or 3244 group of panels of the sign face, supporting such plastic panels independently. Panels larger than thirry-two (32) 3245 square feet must be either hinged or provided with another suitable access method. 3246 (c3) Accessibility: 3247 (1)ac If doors for access are not locked they shall be fastened by means of screws, bolts, or similar means. 3248 (2)b- Ballasts, transformers, lamp, neon tubing sockets and splices in wireways shall be made accessible in a 3249 manner approved by the state building code, through hinged faces or panels designed to slide or rainfight 3250 doors, without the dismantling of the sia . 3251 (3)� Whenever hinged faces are used, an approved mechanical method shall be provided to hold such face in an 3252 open locked posifion while servicing. All framing and molding for such faces shall be of adequate strength 3253 and durability to safely support such face when in either the open or closed position. Accessibility to the 3254 interior of the sign shall be made possible without requiring the removal of any of the sign supports after 3255 erection. 3256 (4)$: All framing and hinging shall be sh designed and constructed to adequately support each panel or 3257 face when such face is used for access. Hinges shall be of nonfenous metal or rust-resistant type. 3258 3259 3260 3261 3262 3263 3264 3265 3266 3267 3268 3269 (d�) Ventilation: Plastic electric signs shall be vented with either screened or insect-proof louvered vents to preventthe entrance of insects and moisture. The vents shall be placed at the top and bottom of the vertical portions of the exterior sign, and arranged to provide adequate circularion of air over the ballasts. (Exceprion: Single-faced signs may have the vents located on the back of the sign where the struchual design is such that venring on the end is difficult. In such cases, however, these vents shall be located to provide adequate circulation of air over the ballasts and signs vented on the back shall be held a minimum of one-half inch from the surface on which they are erected.) (e5) Conductors: Electrical conductors, such as nonmetallic sheathed cable, BX, rubber cards and armoured cable, shall not be used for signs permanently wired. Conductors with a heat- and moisture-resistant quality of not less than ninety (90) degrees Centigrade, such as A4VM type, shall be permitted for secondary connections to ballasts. All primary conductors, except those that are part of the ballast, connectmg to and becoming part of a branch circuit shall be of the general purpose type and shall have a minimum moisture- and heat-resistant quality of seventy-five (75) degrees Cenrigrade, such as a I2IiW, TI3WN. 3270 (f6) Wireway: Wireways shall be kept at least one-half inch from the bottom of a sign, except where the sign spreader 3271 is incorporated as a part of the wireway, in which case a method approved by the state building code shall be 3272 3273 3274 3275 3276 3277 3278 ,� provided to keep all conductors, ballasts and transformers at least one-half inch from the botto � o�t� wireway. All conductars shall be protected from sharp edges of sheet metal enclosures. Wire gutters shall be assembled and jointed together in an approved manner. Where one gutter is joined to another creating one continuous wireway, the adjoining ends shall be rounded and connected together in an approved manner. Approved bushings shall be used where conductors pass through a sheet metal divider. Covers of the wireway shall be "broken" over the upper sides or tops of the wire gutters so as to prevent the entrance of moisture. All screws for such covers shall be accessible from the open face or access doors of the sign. 3279 (g7) Ballast: 3280 (1)� Ballasts or transformers shall be of the outdoor type and shall be mounted in such a manner as to be held 3281 rigid and at least one-half inch or more from the bottom of the sign or wireway. No ballasts sl�all be enclosed 3282 more than one half its height into a wireway. Adequate metal supports for ballasts shall be provided to ensure 3283 proper heat dissipation. 3284 (2)ir. Ballasts, transformers, sockets, lamp-holders and any other elecri equipment where there is a possibility 3285 ofanexcessiveriseabovetheirratedtemperatureshallbekeptaminimumoftwo(2)inchesfromallplastics. 3286 (3)� Fluorescent lamps placed in a vertical position shall be provided with a moisture deflection washer at the 3287 lower lamp socket. 3288 (h$) Face limitation: 3289 (1)a- Single-faced flat wall signs. Unless the plasric faces are hinged, access to the interior of the sign shall be 3290 providedforinamax�nerwithoutdismantlinganymajorportionofthesignasstatedabove.Wheretheplastic 3291 panel removal is required for access, no panel to be removed shall be more than thirty-two (32) square feet 3292 in area. Moulding shall be of such lengths as to provide for the removal of each panel independently. 3293 (2)ir. Double-faced and extended signs. Where the access to the interior of the sign is required through the face, 3294 such face shall be hinged or designed to slide as stated above, for panels that exceed thirty-two (32) square 3295 feet in area. All moulding and retainers for sign faces shall be consh so as to be shucturally able to 3296 properly support each plasric panel as provided above. 3297 Secs:�64:A0� - 64 �#10. Reserv`ed: 3298 Sec..64:411. Freestanding si'gns. . 3299 (a}) Revolving freestanding signs aze perxnitted but may not be illuminated with Hre flashing lights or exceed six (6) 3300 revolutions per minute. 3301 (b�) When specifically pennitted in a zoning district, a freestanding sign may extend mto a public right-of-way up to 3302 four (4) feet, but m no case may come closer than two (2) feet from the curbline and ten (10) feet above the ground 3303 level, and provided such sign does not violate Minnesota Statutes, Secrion 160.27. 3304 Sec. 64;412.. Projecting sign's: . 3305 (a4) Projecting signs shall be supported in a stationary posirion by a cantilevered structure without the use of any guy 3306 wires, cables, angle irons or turnbuckles. 3307 (b�) When specifically perniitted in a zoning dishict, signs proj ecting over a public right-of-way may proj ect up to four 3308 (4) feet from the property line, but in no case may come closer than two (2) feet from the curbline and ten (10) feet 3309 above ground level, and provided such signs do not violate Minnesota Statutes, Section 160.2 7. 3310 Sec.64.413. Reserved. {;�c� 3311 Sec. 64.41A. Raof signs. �hj-�oefsig�asr 3312 (a�) 3313 3314 3315 (b�) 3316 3317 3318 3319 3320 (c3) 3321 3322 The supporting members of a roof sign shall appear to be free of any extra bracing as angle irons, guy wires or cables, so as to be an architectural and integral part of the building. Supporting coluxnns of round square or shaped steel members may be erected if required bracing visible to the public is minimized or covered. Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected. Before any perxnit is granted for the erecrion of a roof sign greater in area than fifty (50) square feet, the plans and details of the supporting structure of the new framewark, in addition to the shuctural details and calculations of the existing supporting building roof system, shall be filed for review by the zoning administrator. These plans and details shall be certified by a registered professional engineer. Clearance and access. Passage clear of all obstructions shall be left under or around, and immediately adjacent to, all signs exceeding a height of four (4) feet above the roo£ Such passages shall be not less than three (3) feet wide and four (4) feet high 3323 Sec. 64.415. Wall signs. (ij—b§'xrH-sig�rsr y �� � ��� 3324 Wall signs that are business signs may project into a public right-of-way or beyond a legal setback line up to eigitteen 3325 (�j twelve (12) inches, provided such signs do not violate Minnesota Statutes, Secfion 16027. 3326 Sec.64.416. Reserved. 3327 Sec. 64.417. Combination signs. . 3328 In the case of combinarion signs which aze composed of any combinarion of roof, projecting or freestanding signs, the 3329 individualrequirementsassetoutinthissecrionforroof,projectingorfreestandingsignsshal]apply.Ifthereazeconflicts 3330 between provisions, the more stringent shall apply. 3331 Sec.64.418. Marquees. �l��r. 3332 Signs may be placed on, attached to or constructed in a marquee. Such signs shall, for the purpose of determining 3333 projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee as 3334 specified in Chapter 45 of the state building code. No such sign shall project above or beyond the physical dimensions 3335 of the marquee, except that one sign less than four (4) square feet in size may be attached undemeath for each enlrance 3336 located under the marquee, provided the sign does not project lower than eight (8) feet above the sidewalk. 3337 Sec. 64.419. Temporary signs. . 3338 (a�) Dimensions: No temporary sign shall exceed a total of one hundred (100) feet in azea or six (6) feet in height except 3339 as otherwise provided herein. 3340 (b�) Clearance: Temporaty signs, other than cloth, eight (8) feet or more above the ground, may project not more than 3341 six (6) inches over public property. 3342 (c3) Cloth Signs and Banners: 3343 (1)� It is unlawful far any person, firm or corporation to suspend ar project any cloth or banner sign of any type 3344 whatever over a street, alley or other public properiy for the purpose of business advertisement. 3345 (2)ir. Temporarypermissionshallbeallowedforaclothorbannersignthree(3)nonconsecutivetimespercalendar 3346 year for a period of not mare than ninety (90) days per time. 3347 3348 3349 3350 3351 3352 3353 3354 3355 3356 3357 3358 3359 3360 3361 3362 3363 3364 (3� I3o cloth or banner sign shall exceed a total of one hundred twenty (120) square feet in area, and there shall be no more than one such sign for any twenty (20) feet of frontage of any building fronfing on public property. (4}r� Support. Temporary cloth and banner signs shall be supported and attached with wire rope or equivalent with a minimum diameter ofthree-eighths inch. No strings, fiber ropes or wood slats shall be pernutted for support or anchorage pmposes. Cloth signs and panels shall be perforated over at least ten (10) percent of the area to reduce wind resistance. Signs that span a public roadway cannot be athached to city light poles or traffic signal poles. Written permission to attach a banner to a building must be obtained from the building owner. The city forester must approve a banner before it may be attached to any tree on public property. Exception: Temporary signs over private property not exceeding sixty (60) square feet shall be supported and attached with wire rope and shall meet the requirements of paragraph (2b) through (4�) and (6� of this section. (S)� Projechon.Clothsignsandbannersmayextendoverpublicpropertyandshallmaintainaminimumclearance of twenty (20) feet, provided pernussion has been granted by the zoning administrator. (6)� No permit or permit fee shall required for such cloth signs or banners, but all safety requirements of this code shall be in force; provided, further, that approval as to the sign's locarion, size, design and hanging must be obtained from the zoning administtator. 3365 (d#) Portable Signs: No portable sigi shall be placed or installed without a permit. No person engaging in or seeldng 3366 to engage in the business ofplacing or installing portable signs shall operate without a license issued in accordance 3367 with section 646202�83. 3368 (Code 1956, § 66.202; Ord. No. 17204, 1-15-85; Ord. No. 17536, §§ ll--13, 2-2-88; C.F. No. 93-1718, §§ 97--101, 12-14-93) 3369 Sec. 64fi.�420. Advertising signs. 3370 (a) Advertising sigrts prohibited. No advertising signs are pernutted in any zoning district in the city. The purposes of 3371 this prohibition are to enhance views of the natural and built environments of the city, to improve aesthetically the 3372 fusion of residential and commercial areas, to promote community pride on the part of properry owners, to .... , ���� 3373 encourage beautificarion and investment in the city, to protect property values, and to reduce cluttered and chaotic 3374 signage, which draws attenfion away fromthe identification signs ofbusinesses and institutions located in the city. 3375 (b) Professional sports faciliry. At a professional sports facility with permanent seating for more than ten thousand 3376 (10,000) spectators and located in a B4-BS Business or IR-I2Industrial zone, one (1) or two (2) advertising signs 3377 are permitted as an accessory use subject to the following staudazds: 3378 (1) Advertising signs shall face and be designed to be read by tr�c on arteriai streets as designated in the 3379 comprehensive plan. A facility fronting on one (1) arterial street is permitted to have one (1) advertising 3380 sign; a facility fronting on two (2) or more arterial streets is permitted to have two (2) advertising signs. 3381 (2) No advertising sign shall be located within three hundred (300) feet of a residential zoning district, house 3382 of worship, or school offering general education courses atthe elementary,}unior high or high school level. 3383 (3) No advertising sign shall exceed seven hundred (700) square feet in size. 3384 (4) Advertising signs shall be attached to e�terior walls of the sports facility structure and shall not project above 3385 the wall. 3386 (5) Ifthewningadministratordeterminesthatthesianlightingaffectsneighboringproperties,advertisingsigns 3387 shallnotbeilluminatedovernight,eitherfrommidnightorfromone(1)hourafterthe 3388 sports game, whichever is later, until 6:00 a.m. 3389 (6) Forelectronicmessageboazds,themodesofdisplayofinessagesshallconformtotherequirementsofsection 3390 64.504((a)(5)(c). Elashing modes aze not permitted. 3391 (Code 1956, § 66.214; Ord. No. 17536, § 28, 2-2-88; C.F. No. 93-1718, § 108, 12-14-93; C.F. No. 97-1089, § 10, 10-1-97; C.F. No. 3392 00-686, § 2, 8-23-00; C.F. No. 00-973, § 1, 11-15-00) 3393 . . . . 3394 - . , , . , 3395 . . , . , . 3396 3397 ARTICL;E: V. 64;50Q. SPEGIFIC REGULATICINS BY ZONTNG DISTRICTS 3398 3399 Sec. 64G.�5013. Regulations by zoning districts. 3400 The class, size and location of signs shall be only as pernutted and regulated in the zoning districts authorized or 3401 permitted in this chapter. 3402 (Code 1956, § 66.203) 3403 Sec. 645.�502#. R�L through RM3 Residential Districts. 3404 (a) Identifzcation signs: 3405 (1) For one- and two-family structures and bed and breakfast residences, one identification sign not exceeding 3406 a total of two (2) square feet in area. 3407 (2) For multiple-family structures on parcels twenty-five thousand (25,000) square feet ar smaller, one (1) 3408 identification sign for each street frontage is allowed. No sign shall exceed six (6) square feet in size. For 3409 multiple-family shuctures on parcels larger than twenty-five thousand (25,000) square feet, one (1) or two 3410 (2) identification sign(s) on each street frontage is/are allowed. The total amount of signage on each frontage 3411 shall not exceed twenty-four (24) square feet in size. 3412 (3) Far structures other than residential uses, one identification sign for each street frontage not exceeding a total 3413 of thirty (30) square feet in area. 3414 (4) For parks, community centers, and religious, civic or philanthropic insritutions, one idenrificarion sign, not 3415 exceeding a total of thirty (30) square feet in area for each street frontage, and one bullerin board not 3416 exceeding a total of thirly (30) squaze feet in area. Such bnlleCinboard signs may haue electronically 3417 changeable text, but shall: notfade in and out, scroll, or flash. 3418 (5) No sign shall project higher than thirty (30) feet above grade. 3419 (6) If located within a required yard, a freestanding sign may not exceed four (4) feet in height plus two (2) 3420 inches for each foot set back from the property line. 3421 (b) Temporary signs: 3422 3423 3424 3425 3426 3427 3428 3429 3430 '�. r � (1) For new subdivisions ornew multiple-family developments, one real esta{e develop�en�s � not exceeding a total of fifly (50) square feet in area within the subdivision or on the multiple-family lot, per three hundred (300) feet or less of lot frontage. No such sign shall be located in any required yazd. (2) For all uses, one real estate sign not exceeding a total of six (6) square feet in area. (3) For all uses, one sign not exceeding a total of fifty (50) squaze feet in area idenrifying an engineer, azchitect or contractor engaged in, or product used in, the construction of a building. (4) For parks, community centers, and religious, educarional, civic or philanthropic institutions, portable signs and temporary signs aze pemutted for special events under the following conditions: a. Portable signs: 3431 1. On zoning lots with a street frontage of three hundred thirry (330) feet or less, the gross surface 3432 display area of the signs shall not exceed one hundred (100) squaze feet. On zoning lots with a 3433 street frontage of over three hundred thirty (330) feet, the gross surface display azea of the signs 3434 shall not exceed three hundred (300) square feet; 3435 2. The signs shall be pernutted two (2) nonconsecutive times per calendar year for a period of not 3436 more than fourteen (14) days per time; 3437 3438 3439 3440 3441 3442 3443 3444 Ca The signs shall not be flashing signs or located in a required yazd, required off-street puking space or maneuvering area, or public right-of-way. Temporary signs. 2. 3. The gross surface display area of the signs shall not exceed one hundred (100) square feet; The signs shall be permitted three (3) nonconsecutive times per calendar year for periods of not more than ninefy{9Aj Thirty (30) days per time; The signs shall not be flashing signs or located in a required off-street parking space or maneuvering area, ar public right-of-way. 3445 (5) No sign shall project highex than thirty (30) feet above �ade. 3446 (Code 1956, § 66204; Ord. No. 17393, § 6, 9-4-86; Ord No. 17536, §§ 14, 15, 2-2-88; Oxd. No. 17889, § 21, 11-21-91; C.F. No. 3447 93-1718, § 102, 12-14-93; C.F. No. 99-750, § 14, 9-1-99) 3448 Sec. 646.�5035. TN1-TN3 Tradidonal Neigkborbaod and OS�xad-B=1 Business Districts. 3449 (a) Business signs: 3450 (1) The sum of the gross surface display area in square feet of all business signs on a lot shall not exceed one 3451 times the lineal feet of lot frontage, or seventy-five (75) square feet, whichever is gt�eater. 3452 (2) No business sign sha11 be located in arequired yard except for ane freestanding si�. Freestanding signs may 3453 project into the public right-of-way up to eighteen (18) inches. 3454 (3) No sign shall project higher than thirty-seven and one-half (37 '/�) feet above grade, except wall signs and 3455 freestanding signs on zoning lots abutting pnncipal and intermediate arterials. Wall signs mayproject to the 3456 height allowed by the height restriction in the zoning code. On zoning lots which abut a principal or 3457 intermediate arterial, one freestanding sign may project to thirty-seven and one-half (37 '/z) feet above the 3458 surface of the arterial. 3459 (4) Sign materials shall be compatible with the original construction materials and architeetural style of the 3460 building facade on or near whieh they are placed. Naturai matexials such as wood and metal are generally 3461 more appropxiate flEan plastic. 3462 (5) Illuminationofsignsshall'conformtothepi;ovisionsafsection63,.116,Exteriorlighting 3463 one (I) footcandle fom (4) feet from tlie sign. Signs should have light letters on a dark:background;:indirect 3464 and subdued liglituig is preferred; and excepY far nean, internally lit electric sigtzs are discouraged: 3465 (b) Temporary signs: 3466 (1) For new developments, one real estate development sign not exceeding a total of fifiy (50) square feet in area 3467 on the lot of the new development, per three hundred (300) feet or less of lot frontage of the development. 3468 Sueh sign shall not be located within any required yard. 3469 (2) Por all uses, one real estate sign not exceeding a total of six (6) square feet in area. 3470 3471 34'12 3473 3474 3475 3476 (3) For all uses, one sign not exceeding a total of four (4) square feet in area identifying an engineer, architect or contractox engaged in, or product used in, the construcrion of a building. (4) Temporary sigis shall be permitted as follows: . � � a. Banners, pennants and stringers. ����� b. Freestanding and wall signs, the total area not to exceed thirry-two (32) square feet. c. Such signs shall be permitted three (3) nonconsecurive times per calendar year for a period ofnot more than rmxetg{96j thirty (30) days per rime. 3477 (5) Temporary signs, concerning a commodity, service or entertainment conducted, offered, sold or 3478 manufactured on the premises, placed inside of the window of a building are permitted. 3479 (c) Portable Sigrxs. Portable signs are permitted under the following condirions: 3480 (1) On zoning lots with a street frontage of three hundred thirty (330) feet or less, the gross surface display area 3481 of the signs shall not exceed thirty-six (36) square feet. On zoning lots with a street frontage of over three 3482 hundred thirty (330) feet, the gross surface display area of the signs shall not exceed three hundred (300) 3483 square feet; 3484 (2) The signs shall be permitted on a zoning lot four (4) nonconsecutive rimes per calendar year and for a period 3485 of not more than fourteen (14) days per time; 3486 (3) The signs shall not be flashing signs or located in a required yard, required off-street parking space or 3487 maneuvering area, or public right-of-way. 3488 (Code 1956, § 66205; Ord. No. 17204, 1-15-85; Ord. No. 17536, §§ 16--18, 2-2-88; C.F. No. 93-1718, § 103, 12-14-93) 3489 Sec. 645.�504fi. 6S�B=�C; �2 Business and.112Industrial Districts. 3490 (a) 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 Business signs: (1) The sum of the gross surface display area m square feet of all business signs on a lot shall not exceed two (2) times the lineal feet of lot frontage or seventy-five (75) square feet, whichever is greater. (2) Only one (1) freestanding sign per lot is permitted in a required yard. A freestanding sign projecting into a public right-of-way beyond eighteen (18) inches may not exceed fifteen (15) square feet in display azea. (3) One (1) projecring sign per entrance on a street frontage is permitted. Any sign which projects into a public right-of-way beyond eighteen (18) inches shall not exceed twenty-five (25) square feet in display area. (4) The height of signs shall be subject to the conditions specified in �'i ^"-' -'^-' '- `-, secfion 646.''z9503(a)(3). (5) Blectronic message signs shall be pmhibited from the 8S� BC-B2 -_��-T� districts; provided, that electronic message signs giving public information, such as time, temperature, stock averages and the like, are permitted in ^v",r-z-aiia the B=2 dishicts. Electronic message signs are permitted in the disbricts under the following condirions: 3503 a, The signs shall be six hundred sixty (660) feet ftom other electronic message signs on the same side 3504 of the same street; 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 (b) b. The signs shall be at least seventy-five (75) feet, as measured along the road, of a residenfial district, and shall be at least fif[y (50) feet from a residential distnct, measured radially; and c. The following modes of displaying the message shall be permitted: 1. The fade-in/fade-out mode where the message appears on the sign, dissolves and another message takes its place; 2. The travel mode where the message moves across the sign from left to right or right to left; and 3. The travel mode where the message moves from top to bottom or bottom to top. Other modes of displaying messages are prohibited. Modes which cause the message to flash are prohibited. Temporary signs: 3515 (1) For new developments, one (1) real estate development sign not exceeding a total of one hundred (100) 3516 square feet in azea on the lot of the new development. Such signs shall not be located within any required 3517 yard. ; .�. . � 3518 (2) For all uses, real estate signs not exceeding at total of twelve (12) square feet in area. ��� 3519 (3) For all uses, one (1) sign not exceeding a total of one hundred (100) square feet in area identifying an 3520 engineer, architect or contractor engaged in, or product used in, the construction of a building. 3521 (4) Temporary signs shall be permitted as follows: 3522 a. Banners, pennants and sh 3523 b. Freestanding and wall signs, the total azea not to exceed a total of thirry-two (32) squaze feet. 3524 a Suchsignsshallbepermittedthree(3)nonconsecutivetimespercalendaryearforaperiodofnotmore 3525 than rrinetq-(99j thirry (30) days per rime. [As in §64.405.J 3526 (5) Temporary signs, conceming a commodity, service or entertainment conducted, offered, sold or 3527 manufactured on the premises, placed inside of the window of a building aze permitted. 3528 (6) No sign shall project higher than thirry-seven and one-half (37 %z) feet above grade. 3529 (c) Portable signs. Portable signs are permitted and subject to the conditions specified in - - , 3530 section 646.z 3531 (Code 1956, § 66.206; Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; Oxd. No. 17536, §§ 19--22, 2-2-88; C.F. No. 93-1718, 3532 § 104, 12-14-93; C.F. No. 00-972, ll-8-00) 3533 Sec. 646.4505�. B=4-BS Business Districts . 3534 (a) 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 Business signs: (1) The sum of the gross surface display area in square feet of all business signs on a lot shall not exceed four (4) times the lineal feet of lot frontage of a lot. (2) One (1) projecfing sign:per entrance on a sfreet firontage is permitted. Any sign which pmjects into a public right-of-way.beyond:eighteen (18)=inchesshall�no�exeeedtwentyfive�(�Sj sqt�are feet.in�Iesplayarea. $igns �lte-bni�ding-line: - (3) (4) The height of signs shall be subject to the condirions specified in t' ^°-' -'^-' '`'-`-, section 645.3A503(a)(3). Electronic message signs are permitted and subject to the conditions specified in the B-2 and B-3 districts, section 646.�96564(a)(5). 3545 (b) Temporary signs. Temporary signs shall be permitted as required in € �-"-^ —'^-° '`'-`-, section 3546 646.�96504(b). 3547 (c) Portable signs. Portable signs are permitted and subject to the conditions specified i - - , 3548 sectiQn 645.�&503(c). 3549 (Code 1956, § 66.207; Ord. No. 17536, § 23, 2-2-88) 3550 . . . - . 3551 3552 3553 . 3554 3555 . : . .. : . . : : . .. . : . . . : : .. :. . . - ,. .: . . : :. •. ., - :. . .. . : . : : : . . .. - � - - . . -� . �i ... .� �-, i�+ � 3565 (a) Business signs: s ����� 356b (1) The sum of the gross surface display area in square feet of all business signs on a lot sha o ex eed two 3567 (2) times the lineal feet of lot frontage a€$-fvf in the Il district, three (3) times the lineal feet of lot frontage 3568 in the I2 district, and one (1) times the lineal feet of lot frontage in the I3 district . 3564 (2) No business sign shall be located in a required yard except one (1) freestanding sign. A freestanding sign 3570 projecting into a public right-of-waybeyond eighteen (18) inches may not exceed fifteen (15) square feet in 3571 display area. 3572 (3) One (1) projecting sign per entrance on a sireet frontage is permitted. Any such sign projecting into a public 3573 right-of-way beyond eighteen (18) inches may not exceed fifteen (15) square feet in display area. 3574 (4) The heights of signs arepermittzc� shall be subject to the conditions specified in - - , 3575 section 646.39503(a)(3). . - � - .- -. , . . - � - • . � . -. . : � . .�. :. 1, - . ii - .. . . .- -. , -. - : - - - � � ��. C. 1� � :1 'i �i '� .. - - �- -� . � � - � • � � .- -� : : : . . 1 � � . .. 1 � � � . � • 1 • �� 7 �: D :� - - - -. . - - : .. - - • - � � :� : . : : - ..- - - .- :� -: - -. - - - - - . - . : -- .: .. ..- - : . - : : : - .• '1 0 . . : . . : . : . • ... . � . .. . . � - - ' . .. : : . : . ., .. • . . . .. . . . . . .. :. ' . ,. .. - - .- - - - - - - - -- .. 0. �' - - - - . - - . - -: - - -.- - - �• . .. �11 - •1 �� ��� : •1 �1 : : .. . : : . 1� : . : : �1 ,.. . . •1. • . ...• .. .. :, �1 . 1: 0 . : . . . : : : 1' ... . . : . r 1 - - : - .- . : - : -.� -. - 0 - : - - • � i .. C : � . .. :. ' .: - .. - .� -- - - : . . : - - - -- : .. 0. . c. ., �: . . . . c. . : .. : . - 3618 Sec. 646.507�. VP� Vehicnlar Parldng Distriet. � f� �� 3619 No sign, except those permitted on pazking lots as described in secfion 646.�401(ji�) shall be permitted. 3620 (Code 1956 § 66.2iz) 3621 Sec. 646.508�i3. PD Planned Development District. 3622 Signs sl�all be as permitted and regulated in each planned development in accordance with the provisions of sections 3623 66A.43800 to 668.93807, provided such regulations are consistent with the intent of this chapter. 3624 (Code 1956, § 66213) 3625 . . . , - , - . 3626 - . - - . 3627 - - . - , , 3628 . 3629 . , , - - 3630 3631 3632 ARTICLE V. 64.600. SPECIAL SIGN DISTRICTS 3633 Sec. 646,60I�i6. Special district sign plan. 3634 (a) 3635 3636 3637 3638 3639 3640 3641 A comprehensive sign plan maybe provided for business or industrial premises which are not part of a new planned development district as provided in section 645.508�i3 above, but which occupy the enrire frontage on two (2) or more adjacent block fronts. The intent behind this provision is to allow and even encourage entertainment centers, shopping centers, historic districts and other comprehensive developments to build upon unique characteristics of certain sections of the city so long as the visual landscape created by the plan is in keeping with the general intent of this chapter. Such a plan shall be submitted to the planning commission and shall include the location, size, height, color, lighting orientation, overall design justification, and other information which may be reasonably required for the proper consideration of the matter. 3642 (b) Except for advertising signs for which the restricrions of this chapter shall not be weakened, less restrictive as well 3643 as more restrictive provisions than specified in this chapter may be permitted if the sign areas and densities for the 3644 plan as a whole are in conformity with the intent of this chapter and if such exception results in an improved 3645 relationship between the various parts of the plan. 3646 (c) Application shall be made to the city council for consideration under this provision. Approval may be granted by 3647 city council resolurion, after review and recommendation is made by the planning commission, and only after a 3648 public hearing before the planning commission and the city council. 3649 (Code 1956, § 66.216; C.F. No. 00-973, § 1, 11-15-00) 3650 Sec. 645.610�69.4. Sunray-Battlecreek-Highwood, District One Community Council Special District Sign Plan. 3651 (a) Inten[ and purpose. The Sunray-Battlecreek-Aighwood, District One Community Council Special Sign District 3652 Plan, created as provided in section 64G.�}601 efHie-zaning eede, in order to provide sign controls in the Sunray- 3653 Battlecreek-Highwood, District One Community Council neighborhood, is intended to protect properry values, to 3654 maintain and enhance the visibility of unique architectural and natural features, and to encourage inveshnent and 3655 beautification in residential and commercial areas by reducing the visual clutter of advertising signs which impair 3656 the effectiveness of neighborhood business and institutional signs and otherwise detract from the appearance, 3657 perception and safety of Sunray-Battlecreek-Highwood, District One Community Council neighborhoods and 3658 commercial disiricts. 3659 (b) Area description. The Sunray-Battlecreek-Highwood, District One CommunityCouncil Special Sign District Plan 3660 shall apply to the area described as follows: Minnehaha Avenue on the north, McKnight Road on the east and the 3661 city-county line on the south. The western boundary follows this line from north to south Birmingham Avenue 3662 South to East 6th Street, East 3rd Street west to Bloomington Avenue, BarminghamAvenue south to Interstate 94, 3663 Interstate 94 west to Highway 61, Highway 61 south to Wamer Road, Warner Road west to Mississippi River, 3664 Mississippi River south to the city-county line, all in the city. 3665 3666 3667 3b68 3669 3670 �% ° 1���� (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of tkezaning cede; eChapter 646, entitked'�Signs u Provisions of this sign plan that are more restrictive than the provisions of eChapter 646 shall prevail and supersede provisions in eChapter 645. All other provisions of eChapter 646�€the zarmrgea�eshallcontinuetoapplytosignsin the Sunray-Battlecreek-Highwood, District One Community Council Special Sign District. All words and terms shall be defined as in this sign plan and in cChapter 64fre€ eade. 3b71 (d) General sign restrictionsSignswithintheSunray-Battlecreek-Highwood, District One Community Council Special 3672 Sign District shall be subject to the following restrictions: 3673 (1) No advertising signs shall be pernutted, except signs on h shelters and courtesy benches licensed or 3674 franchised by the city; 3675 (2) Roof sia s which advertise a product, service or entertainment which is offered, sold or manufactured on the 3676 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 3677 cazried on in the premises. 3678 (3) Business signs are not affected by this sign plan. 3679 3680 3681 3682 3683 .:� 3685 (e) Nonconformingsigns. Regulation ofnonconforming signs within the Sunray-Battlecreek-Highwood,District One CommunityCouncil Special Sign District which lawfully existed prior to the effective date ofthis sign plan or any amendments hereto and which would be prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming signs regulated under the provisions of secrion 646.300 pertaining to nonconforming signs, subject to the following addirional requirements: (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or 3686 b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be 3687 a replacement; or 3688 c. Relocatedtoanyotherlocationinthe Sunray-Battlecreek-Aighwood,District One Community Council 3689 Special Sign District; or 3690 3691 3692 3693 3694 3695 3696 3697 3698 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 d. Reconsh at the time of the loss, as determined by the caty; or e. Maintained through replacement of structural elements. (2) A nonconforming sign shall be immediatelyremoved from the Sunray-Battlecreek-Highwood, District One Community Council Special Sign Disttict at the cost of the owner if: a. It is an imminent danger to life or properiy; or b. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or c. Use of the sign has been discontinued for a period of three (3) consecutive months. (g) Sign permits; administration. Whenever a permit for a sign in the Sunray-Battlecreek-Highwood, District One Community Council Special Sign District is required under the provisions of eChapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Sunray- Battlecreek-Highwood, Dish One Community Council Special Sign District shall be submitted to the zoning administrator far review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applications submitted for zoning adminish'ator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the application within thirry (30) days and notify the applicant of any decision to approve ar disapprove the application. Written reasons, prepared by the zonmg administrator, shall accompany all application decisions. 3709 (c.�. No. oo-iois, § 1, i2-z�-oo� 3710 . . - , , . 3711 , 3712 Sec. 646.620�Ci93. Greater Eastside Area Special District Sign Plan. 3713 (a) Intentandpurpose.TheCneaterEastsideAreaSpecialSignDistrictPlan,createdasprovidedinsection646.�601 3714 e�Hie-zanirrgeade, in order to provide sign controls within the Greater Eastside Area neighborhood, is intended 371 S to protect properry values, to maintain and enhance the visibility of unique architectural and natural features, and 3716 to encourage investment and beautification in residential and commercial azeas by reduc ng �ie visual clutter of 3717 advertising signs which impair the effecriveness of neighborhood business and institurional signs and othenvise 3718 detract from the appearance, perceprion and safety of Greater Eastside Area neighborhoods and commercial 3719 districts. 3720 (b) Area description. The GreaterEastside Area Special SignDistrict Plan shall consist ofthe following four (4) areas: 3721 (1) WhiteBearAvenue Subarea: The entire length of White Beaz Avenue begnuiing on the south at its juncrion 3722 with Interstate 94 and proceeding north along the avenue to its junction with Larpenteur Avenue. The width 3723 of this subarea shall extend one-half block on either side of the avenue. 3724 (2) Payne Avenue Subarea: The entire length of Payne Avenue beginning on the south at its junction with East 3725 Seventh Street and proceeding north along the avenue to its juncrion with Wheelock Parkway. The width of 3726 this subarea shall extend one-half block on either side of the avenue. 3727 (3) PhalenBouZevard/PhalenViZlage:ThissubazeashallconsistofthatazeadefinedinthePhalenVillageSmall 3728 AreaPlanasthePhalenBoulevard/PhalenVillageasadoptedbythecityin1994andtheplannedroadlmown 3729 as Phalen Blvd. from I-35E on the west to Maryland Avenue on the east. The width of the subarea shall 3730 extend six hundred sixty (660) feet on either side of the right of way. 3731 (4) Arcade Street Subarea: The entire length of Arcade Street beginning on the south at its junction with East 3732 Seventh Street and proceeding north along the avenue to its junction with Larpenteur Avenue. The width of 3733 this subarea shall extend one-half block on either side of the avenue. 3734 (c) Interpretation and definitions. The provisions of this sign plan ue supplementary to the provisions of Hre-zanirtg 3735 eade;-eChapter 646, �*`��Signs u Provisions of this sign plan that are more restrictive than the provisions of 3736 eChapter 645 shall prevail and supersede provisions in eChapter 646. All other provisions of eGhapter 64` - v-o=inc 3737 zaimigeade shall continue to apply to signs in the Greater Eastside Area Special Sign District. All words and temts 3738 shall be defined as m this sign plan and in eChapter 64fi-e€the-zaning-eade. 3739 (d) General sign restrictions. Signs within the Greater Eastside Area Special Sign District shall be subject to the 3740 following restrictions: 3741 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 3742 franchised by the city; 3743 (2) Roof signs which advertise a product, service or entertainment which is offered, sold ar manufactured on the 3744 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the busmess 3745 carried on in the premises. 3746 (3) Business signs are not affected by this sign p1an. 3747 (e) Nonconforming signs. Regulation of nonconforming signs within the Greater Eastside Area Special Sign District 3748 which lawfully existed prior to the effecrive date of this sign plan or any amendments hereto and which would be 3749 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 3750 signsregulatedundertheprovisionsofsecrion646300pertainingtononconformingsigns,subjecttothefollowing 3751 addirional requirements: 3752 3753 3754 3755 3756 3757 3758 3759 3760 3761 3762 3763 3764 3765 (1) No nonconforming sign shall be: a. Altered or enlazged in any way; or b. Replaced by another non-conforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other location in the Greater Eastside Area Special Sign District; or d. Reconstructedafterincurringdamageinanamountexceedingfifly(50)percentofitsreplacementcost at the time of the loss, as determined by the city; or e. Maintained through replacement of structural elements. (2) A nonconformmg sign shall be immediately removed from the Greater Eastside Area Special Sign District at the cost of the owner if: a. b. c. It is an imminent danger to life or properiy; or It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecurive months. 3766 (g) 3767 3768 3769 3770 3771 3772 3773 3774 3775 i� ._ � Sign permits; administration. Whenever a permit for a sign in the Greater Eastside Area Specia�S"�gn� strict is required under the provisions of hapter 64fi, a permit shall not be issued unless the plans far the sign have been approved by the zoning adminisirator in conformance with this sign plan. All building permit applications for signs in the Greater Eastside Area Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review sha11 be established by resolution of the city council. All applicarions submitted for zoning administrator approval shall be of sufficient detail to demonstratethatthe proposed sign complies withthe provisions oftlus signplan. The zoning adu7inistrator shall review the application within thirty (30) days and norify the applicant of any decision to approve or disapprove the application. Writtenreasons, preparedby the zoning administrator, shall accompany all application decisions. 3776 (C.F. No. 00-1042, § 1, 1-3-01) 3777 Sec. 646.625�. White Bear Avenue Special District Sign Plan. 3778 (a) Fntent and purpose. The White Bear Avenue Special District Sign Plan, as provided in section 64fr.�601 Hftire 3779 zarrircg eade, is intended to provide sign controls for the White Bear Avenue corridor. These controls will enhance 3780 the unique character and idenfity of White BeazAvenue, reduce sign clutter, andprovide strong, clear identification 3781 ofbusinesses.TheyrecognizetheneedofbusinessestobevisibletothehighvolumeoftrafficthatusesWhiteBear 3782 Avenue. The sign plan provides a unified framework for the sign systems of the various commercial nodes (e.g. 3783 Minnehaha, 7th Street, Hillcrest, etc.), which will fit the architecture of the buildings, clearly identify businesses, 3784 and enhance the image of the business districts and foster pride in the adjacent neighborhoods. 3785 (b) Area description. The area covered by this plan includes commercial properry along White Bear Avenue from 3786 Larpenteur to I-94. The area generally extends one-half block east and west of White Bear Avenue, but extends 3787 as needed to encompass commercial nodes. 3788 (c) Interpretation and definitions. The provisions of this special district sign plan are supplementary to the provisions 3789 of Chapter 64b, Signs, _"-��rrir�eade. The provisions of this sign plan that are more restricrive than provisions 3790 of Chapter 64G shall prevail and supersede the provisions of Chapter 646. All words and terms shall be defined 3791 as in Chapter 645 . The word "shall" is mandatory; the word "should" 3792 is advisory. 3793 (d) 3794 (e) 3795 3796 3797 3798 3799 Advertising signs. Advertising signs shall be regulated through the Greater East Side Special District Sign Plan. Business signs. Business signs are necessary for the viability ofthe commercial areas on White Bear Avenue. They inforxn customers about the type of business and its location. The name of the business should be highlighted. In general, words and symbols should take no more than 40 percent of the total area of a sign. Signs with light letters on a dark background aze easier to spot on a busy street. Sign colars and materials should be compatible with the building and surrounding environment. To maximize the effect of the graphics, the number of colors should be minimal. Lighting of signs should be carefully considered; internally lit electric signs are discouraged. 3800 (1) Business sigris shall be used to identify the business, not to advertiseproducts. Signs that advertise a product 3801 and include the name of the business on the premises where the sign is placed are prohibited. These signs, 3802 whichareoftenprovidedbyproductsuppliers,failtohighlighttheimportantinforxnation(thebusinessname) 3803 and clutter the appearance of the street. 3804 (2) Roof signs shall be pazallel to the wall of the building and used to match rooflines and unify sign bands on 3805 adjacent buildings. Roof signs shall not be used for advertising. 3806 3807 3808 3809 3810 3811 3812 (3) Wall signs shall coverneither windows nor architectural h and detail. Wall signs should be located on the bands ofbuildmg facades: over the entry, over windows, or beriveen windows. Because wa11 signs are almost always seen from an angle, extended typefaces should be used. Viewing from an angle diminishes the apparent width and spacing of the letters. Signs painted directly on the wall of a building shall not be permitted. Signs painted directly on the wall of a building defaces the building. Tenants may move and the painted wall sign may be left to mis-idenrify a new tenant or to peel and become unsightly. 3813 (4) Ground signs are recommended for institurional, professional and industrial buildings. Crround sigis for 3814 individual establishxnents should be used only when a building is set back fifteen (15) feet or more from the 3815 street right-of-way. Ground signs far individual establishments shall be placed parallel to the street. 3816 (5) Grouped signs are used to identify multiple businesses in a larger building or adjacent ea�rtigtcacts buildings. 3817 Theyazerecoinmendedwhenindividualpro�ectingsignswouldblockeachother.Groupedsignsmaybeused 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833 3834 for businesses that aze not directly accessible from the public sidewalk. They shall be placed within a common framework and may be placed perpendiculaz to the street. `-- ���� (6) Projecting signs are effective for both vehicular and pedestrian traffic, but they also tend o s c the view of other signs and are a major source of sign clutter. Projecring signs that display a symbolic or business name are permitted. No more than one (1) projecting sign per forty (40) feet shall be permitted. Mulriple businesses closer to one (1) another than foriy (40) feet shall not use projecting signs. (7) Pole signs can bring a business with a setback up to the street. Like pro}ecting signs, pole signs are effecrive for both vehiculaz and pedestrian traffic, but they also can be a source of sign clutter. Pole signs are permitted for individual buildings that are occupied by a single business andthathave a setback fromthe streetright-of- way of thirry-five (35) feet or more. Pole signs shall use as little shucture as possible, shall be stationary, and shall be no higher than twenty (20) feet above grade at the highest point. Shuctural elements of the sia should be painted black or another dark color. (8) Permanent window signs are permitted and shall not exceed ten (10) percent of the store �vindow glass area. (9) Portable signs shall not be permitted in the White Bear Avenue Sign District. (10) Banners identifying White Bear Avenue business districts attached to street lights are permitted. They shall be designed with a common shape within the sign district, while patterns may reflect the neighborhood designation. 3835 (C.F. No. O1-612, § 3, 7-11-01) 3836 Sec. 646.630�i68. West Side Special District Sign Plan. 3837 (a) Intent and purpose. The West Side Special District Sign Plan, created as provided in section 646.601�6 of this 3838 code, is adopted to provide sign controls that build upon, preserve and enhance the unique character of the West 3839 Side neighborhood. The sign plan is intended to protect properiy values, to preserve and protect the neighborhood 3840 viewscape, especially those of the Mississippi river and its bluffs, the Capitol, Cathedral, and downtown skyline 3841 and other features uniquely visible from West Side neighborhoods and to enhance the overall effectiveness of 3842 neighborhood business and institutional signs. 3843 (b) Area descripfion. The West Side Special Dish Sign Plan shall apply to the azea of Saint Paul bordered generally 3844 by the Mississippi River on the northwest, north and northeast and by Annapolis Street defining the city limits with 3845 West Saint Paul and South Saint Paul on the south. Excepted from this plan is that area covered by the Smith 3846 Avenue Special District Sign Plan as set forth in �egzslafiive�Eade section 646.b35�#fr2. 3847 (c) Advertising sign restrictions. Adveriising signs shall not be permitted within the sign plan district except signs on 3848 transit shelters and courtesy benches licensed ar franchised by the city. Construcrion, erection, replacement, or 3849 renovation of advertising signs shall not be permitted. Exisfing, nonconforxning, advertismg sia s shall: 3850 (1) Be immediately removed, at the owner's expense, from the special sign district if: 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 a. It is an imminent danger to life or property; or b. It mcurs damage in an amount exceeding fifty (50) percent of its replacement cost at the rime of loss, as determined by the city; or c. Use of such sign, signified by a lack of advertising message, has been discontinued far a period of three (3) consecurive months. (2) Not be: a. Altered or enlarged in any way; or b. c. d. e. Replaced by another nonconforming sign; or Relocated to any other location in either this district or the Smith Avenue Special Sign Districts; or Reconstructed after incurring damage in an amount exceeding fifry (SO) percent of its replacement cost at the time of loss, as determined by the city; ar Maintained through replacement of shuctural elements. 3863 (d) Administration and enforcement. 3864 .[Redundant, since this is part of Chapter 64.] Whenever a permit 3865 for a sign in this special sign district is required under the provisions of chapter 645 - "vr,ii�-ooac, such permit shall 3866 not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with 3867 this plan. Provisions of this sign plan that are more restricrive that the provisions of chapter 646 shall prevail and 3868 supersede the provision in chapter 64fr. All other provisions of chapter 645 shall apply to this sign plan dish :.� � �� . �� e : 1 - + �;: 3872 Sec. 64fr.635�46�. Smith Avenne Special District Sign Plan. 3873 The Smith Avenue Special District Sign Plan, created as provided in section 6 4fr.601�t6 ahare, applies to the area 3874 defined by Cherokee Avenue on the north, Annapolis Street on the south, Manomin Avenue on the east, and Ottawa 3875 Avenue on the west. The provisions of this plan are supplementary to those ofthis chapter; the mostrestricrive provision 3876 shall apply. Within the Smith Avenue Special Sign District signs shall be subject to the following provisions: 3877 (a�) Advertising signs shall not be permitted. 3878 (b�) Business signs which advertise a product in addition to the business on the premises shall not be perxnitted. 3879 (c3) No more than one (1) projecring or freestanding sign per forty-foot lot shall be permitted. 3880 (d#) The highest point on business signs shall be no more than twenty (20) feet above ground. 3881 (Ord. No. ll223, § 1, 3-14-85; C.F. No. 93-1718, § 109, 12-14-93) 3882 Sec. 646.6403i�i9. Dayton's BlufF Special District Sign Plan. 3883 (a) Intent and purpose. The Dayton's Bluff 5pecial Sign District Plan, created as provided in section 64fr.601�fr 81 3884 tl�e-�ening-eede, in order to provide sign controls in the Dayton's Bluff neighborhood, is intended to protect 3885 properiy values, to maintain and enhance the visibility of unique architectural and natural features, and to 3886 encourage investment and beautification in residenfial and commercial areas by reducing the visual clutter of 3887 advertising signs which impair the effectiveness of neighborhood business and institutional signs and otherwise 3888 detract from the appearance, perception and safety of Dayton's Bluff neighborhoods and commercial districts. 3889 (b) Area description. The Dayton's Bluff Special Sign District Plan sha11 apply to the aa described area is as follows: 3890 Warner Road and the Mississippi River on the South, Lafayette Road and Interstate Highway 94 to Interstate 3891 Highway 35E interchange ramp on the West, Grove Street and Chicago Northwestem Railroad on the North and 3892 Johnson Parkway, Birmingham Ave. South to East 6th Street East to a NS hne cutting through the center of 3893 Harding High School to East 3rd Street, East 3rd Street West to Birmingham South to Interstate Highway 94, 3894 Interstate Highway 94 West to Highway 61, Highway 61 South to Warner Road, Warner Road West to the 3895 Mississippi River, Mississippi River to Lafayette Road, all in the city of St. Paul, Minnesota. 3896 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of �ig 3897 ead�eChapter 645, e�xtitleei�'Signs. Provisions of this sign plan that are more restrictive than the provisions of 3898 eChapter 646 shall prevail and supersede provisions in eChapter 645. All other provisions of eChapter 64fr �fthe 3899 zanirtgeade shall continue to apply to signs in the Dayton's Bluff Special Sign District. All words and terms shall 3900 be defined as in this sign plan and in eChapter 645 a£tire-zairing-ea�e. 3901 (d) General sign restrictions. Signs within the Dayton's Bluff Special Sign District shall be subject to the following 3902 restrictions: 3903 3904 3905 3906 3907 `1: (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or franchised by the city; (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be permitted, but a roof sign may idenrify the name, logo, and nature of the business carried on in the premises. (3) Business signs are not affected by this sign plan. 3909 (e) Nonconforming signs. Regularion of nonconforming signs within the Dayton's Bluff Special Sign District which 3910 lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 3911 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 3912 signsregulatedundertheprovisionsofsection646.300pertainingtononconformingsigns,subjecttothefollowing 3913 additional requirements: 3914 3915 (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or 3916 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other locafion in the Dayton's Bluff Special Sign District; orD 3„? I� 2 C5 �1 C.3 d. Reconstructedafterincurringdamageinanamountexceedingfifry(50)percentofitsreplacementcost at the rime of the loss, as determined by the city; or e. Maintained through replacement of structural elements. (2) AnonconformingsignshallbeimmediatelyremovedfromtheDayton'sBluffSpecialSignDistrictatthecost of the owner i£ a. It is an imminent danger to life or property; or � c. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three consecutive months. ( fl Sign permits; administration. Whenever a permit for a sign in the Dayton's Bluff Special Sign District is required under the provisions of , eChapter 646, a perxnit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Dayton's Bluff Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolurion of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this plan. The zoning administrator shall review the application within thirty (30) days and notify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 3937 (C.F. No. 00-956, § 1, 11-1-00) 3938 5ec.64:650: Reserved. 3939 Sec. 646.660�. North End/South Como Special District Sign Plan. 3940 (a) Intent and purpose. The North End/South Como Special Sign District Plan, created as provided in section 3941 646.601�i-6 a�the-zening�sde, in order to provide sign controls in the North End/South Como neighborhood, is 3942 intended to protect property values, to maintain and enhance the visibility of unique architectural and natural 3943 features, andto encourage investment andbeautification in residential and commercial areas by reducing the visual 3944 clutter of advertising signs which impair the effectiveness of neighborhood business and institutional signs and 3945 otherwise detract from the appearance, perception and safety of North End/South Coxno neighborhoods and 3946 commercial districts. 3947 (b) Area description. The North End/South Como Special Sign District Plan shall apply to the area described area is 3948 as follows: Commencing at the center of the intersecfion ofDale Street North and Larpenteur Avenue; proceeding 3949 east along the center-line of Larpenteur to Freeway I-35E; south along the median of I-35E to the Burlington 3950 Northem Railroad right-of-way; thence following the right-of-way west to Lexington Pazkway; north along 3951 centerline of Lexington Parkway to Horton Avenue; east along centerline of Horton Avenue to Churchill Street; 3952 north along centerline of Churchill Street to West Como Blvd,; south and east along centerline of West Como 3953 Boulevard To East Como Boulevard; north along centerline of East Como Boulevard to Maryland Avenue; east 3954 along centerline of Maryland Avenue to Dale Street North; and north along centerline of Dale Street North to the 3955 point of beginning. 3956 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of ti�e-zaning 3957 eade; eChapter 646, �_ :`��Signs" Provisions of this sign plan that are more restricrive than the provisions of 3958 eChapter 64fi shall prevail and supersede provisions in eChapter 646. All other provisions of eGhapter 646 a€the 3959 zaimxg-eade shall continue to apply to signs in the North End/South Como Special Sign District. All words and 3960 terms shall be defined as in this sign plan and in eChapter 64G�€thezening-eade. 3961 (d) General sign restrictions. Signs within the North End/South Como Special Sign District shall be subject to the 3962 following restricrions: 3963 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 3964 franchised by the ciry; 3965 3966 3967 3968 3969 3970 3971 3972 3973 3974 3975 3976 3977 3978 3979 3980 3981 39$2 3983 3984 3985 3986 3987 3988 3989 3940 3991 3992 3993 3994 3995 3996 3997 (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business carried on in the premises. _ (3) Busmess signs are not affected by this sign plan. ' � ����� � (e) Nonconformingsigns.RegulationofnonconformingsignswithintheNorthEnd/SouthComoSpecialSignDistrict which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be prohibited, regulated, or restricted under the provisions of this plan, may conrinue to exist as legal nonconforsning signs regulated under the provisions of secrion 646300 pertaining to nonconforming signs, subject to the following addirional requirements: (1) No nonconforming sign shall be: a. b. c. d. e. Altered or enlarged in any way; or Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other location in the North End/South Como Special Sign District; or Reconstructed after incurring damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of the loss, as determined by the city; or Maintained through replacement of shuctural elements. (2) A nonconforming sign shall be immediatelyremoved from the North End/South Como Special Sign District at the cost of the owner i£ a. It is an imminent danger to life or properiy; or � c. It incurs damage in an amount exceeding 50% of its replacement cost at the time of loss, as determined by the City; or Use of the sign has becn discontinued for a period of three (3) consecutive months. (g) Sign permits; administration. Whenever a permit for a sign in the North EndlSouth Como Special Sign District is required under the provisions of hapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administratox in conformance with this sign plan. All building permitapplicahons for signs in the North End/5outh Como Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review sk�all be established by resolurion of the city council. All applicarions submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions ofthis sign plan. The zoning administrator shall review the application within thirty (30) days and notify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 3998 (C.F. No. 00-1024, § 1, 12-27-00) 3999 Sec. 646.6703}G�6. Thomas/Dale District 7 Special District Sign Plan. 4000 (a) 4001 4002 4003 4004 4005 Intent and purpose. The Thomas/Dale District 7 Special Sign Dishict Plan, as provided in Ssection 646.�60' 1 e€ tlxc;-�oning is intended to provide advertising sign controls in the Thomas/Dale District 7 neighborhood. In keeping with the Thomas/Dale District 7 Community Plan, this Special Sign District Plan is intended to reduce visual clutter and enhance the neighborhood feel of commercial districts in the Thomas/Dale District 7 neighborhood. Neighborhood efforts are currently underway to redesign Dale Street to reduce the negative impacts of high traffic, noise and poar appearance and to improve and enhance University Avenue. 4006 Adding signs to the existing visual landscape deh from the pedestrian and neighborhood itiendlittess of the 4007 commerclal environment. Residents and other consumers often complain that University and Dale feel more like 4008 highways than city streets. Advertising signs clearly play a large role in this perception. Adding to the exisfing 4009 density of signs will only exacerbate this problem. Furthermore, additional signs will wark against cittrent efforts 4010 to improve the appearance and economic vitality of University Avenue and Dale Street. 4011 The purpose of advertisang signs is to ath peoples' attention long enough to read the message of the sign. Drivers 4012 whose attention is on advertising signs rather than the road can cause collisions. Dale Street is a busy street with 4013 more than twenty-two thousand (22,000) cars per day passing through the neighborhood. Likewise, University 4014 Avenue is even busier, carrying more than twenty-five thousand (25,000) cars per day. Because of these large 4015 traffic volumes, advertising signs distract driver attention and are a traffic safety hazard. �� �02$ 4016 (b) Area description. The Thomas/Dale District 7 Special Sign District Plan shall apply to the following designated 4017 area as follows: Beginning at the intersections of the centerlines of University Avenue and Lexington Parkway 4018 thence north along the centerline of Lexington Pazkway to its intersecrion with the centerline of the railroad h 4019 north of Pierce Butler Route; then east along the centerline of the raiiroad tracks north of Pierce Butler Route to 4020 its intersecrion with the centerline of Interstate 35E; then south along the centerline of Interstate 35E to its 4021 intersecrion with the centerline of Universiry Avenue; then west along the centerline of University Avenue to its 4022 intersection with the centerline of Lexington Pazkway, but excepting the capital area bounded by Marion Street, 4023 Pennsylvania Avenue and Jackson Street; 4024 (c) Interpretationanddefinitions.TheprovisionsofthissignplanaresupplementarytotheprovisionsofeChapter645, 4025 Sign , . All words and terms shall be defined as in � egis�ativeC�de secrions 64G.103--645.128. 4026 The provisions of this special sign plan that are more restrictive than provisions of eChapter 646 shall prevail and 4027 supersede the provisions of eChapter 64&. 4028 (d) Advertising signs. No advertising signs shall be permitted within the Thomas/Dale District 7 Special Sign District 4029 except signs on transit shelters and courtesy benches licensed or franchised by the city. Existing advertising signs 403Q shall be allowed to stay, provided they meet all provisions ofEChapter 64G, Signs�fti�ezarcnig-eae�e. 4031 (e) Business signs. The regulation of business signs in the Thomas/Dale District 7 Special Sign Dish shall be 4032 pursuant to seetian Chapter 64fi-afth�e. 4033 (fl Nonconformingsigns.RegulationofnonconformingsignswithintheThomaslDaleDistrict7Special5ignDistrict 4034 which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4035 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 4036 signsregulatedundertheprovisionsofsection646300pertainingtononconformingsigns,subjecttothefollowing 4037 additional requirements: 4038 (1) 4039 4040 4041 4042 4043 4044 4045 No nonconforming sign shall be: a. Altered or enlarged in any way; or b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other location in the District 7} Special Sign District; or d. Reconstructedafterincurringdamageinanamountexceedingfifty(50)percentofitsreplacementcost at the rime of the loss, as determined by the city; or e. Maiirtained through replacement of structural elements. 4046 (2) A nonconforming sign shall be immediately removed from the District 7} Special Sign District at the cost 4047 of the owner if. 4048 a. A049 b. 4050 4051 c. It is an imminent danger to life ar properiy; or It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been diseatmte� discontinued for a period of three (3) consecutive months. 4052 (g) Administrarionandenforcement.Thezoningadministratorshallenforcetheprovisionsofthisplanasasupplement 4053 to eChapter 646, Signs �mtg ea�e. Whenever a pernut request for an advertising sign in the Thomas/Dale 4054 District 7 Special Sign District is requested, such permit shall not be issued unless the plans for the advertising sign 4055 have been approved by the zoning administrator as in compliance with this supplement and other provisions of 4056 eChapter 645, Signs-o€�hezenirtg-eade. 4057 (C.F. No. 00-1066, § 1, 2-7-01) 4058 Secs: G4.680 - 64.700. Reserved. 4059 Sec. 646.710�t65. Hamline Midway Special District Sign Plaa 4060 4061 4062 4063 4064 4065 (a) Intent and purpose. The Hamline Midway Special Sign District Plan, as provided in section 6 46.6013�6 a€tkis e�Ae, is intended to provide advertising sign conh in the Hamline Midway neighborhood. In keeping with the Hamline Midway Community Plan, this Special Sign District Plan is intended to reduce visual clutter on those streets and enhance the neighborhood feel of commercial districts in the Hamline Midway neighborhood. Neighborhood efforts are currently underway to redesign Snelling Avenue to reduce the negarive impacts of high traffic, noise and poar appearance. d �� �� �. � 2 8 4066 Adding signs to the existing visual landscape detracts from the pedestrian and neighborhood friendliness of the 4067 commercial environmental. Residents and other consumers often complain that University and Snelling feel more 4068 lake a highway than a city street. Advertising signs clearly play a large role in this perception. Adding to the 4069 existing density of signs will only exacerbate this problem. Furthermore, addirional signs will work against current 4070 efforts to improve the appearance and economic vitality of Snelling and University Avenues. 4071 The purpose of advertising signs is to attract peoples' attention long enough to read the message of the sign. Drivers 4072 whose attention is on advertising signs rather than the road can cause collisions. Snelling Avenue is the busiest 4073 street in St. Paul with more than thirry-five thousand (35,000) cazs per day passing through the neighborhood. 4074 Likewise, University Avenue is very busy, carrying more than twenty thousand (20,000) cars per day. Because of 4075 these large traffic volumes, advertising signs distract driver attention and are a traffic safety hazard. 4076 4077 4078 4079 4080 4081 4082 4083 (b) Area description. The Hamline Midway Special Sign Dish Plan shall apply to the area designated on the map "HamlineMidway Special SignDistrict," which is on file and available for inspection in the office ofthe city clerk. The described area is as follows: Beginning at the intersection of the centerlines of University Avenue and Lexington Parkway thence traveling north along the centerline of Lexington Parkway to its intersection u+ith the centerline of Pierce Butler Route; thence west along the centerline of Pierce Butler Route to its intersection with the centerline of Transfer Road; thence south along the centerline of Transfer Road to its intersecrion with the centerline of University Avenue; thence east along the centerline of University Avenue to its intersecrion with the centerline of Lexington Parkway. 4084 (c) Iraterpretation and definitions. The provisions ofthis sign plan are supplementaryto the provisions ofChapter 645, 4085 Signs, °`—oni�o-zvrrirtg-e�e. All words and terms shall be defined as in �egis�ative-Ead�§§ 646.103--646.128. The 4086 provisions of this special sign plan that are more resh'icrive than provisions of Chapter 646 shall prevail and 4087 supersede the provisions of Chapter 64fi. 4088 (d) Advertising signs. No advertising sign shall be permitted within the Hamline Midway Special Sign District except 4089 on transit shelters and courtesy benches licensed or franchised by the city. Existing advertising signs shall be 4090 allowed to stay, provided they meet all provisions of Chapter 646, Signs,—o��l�zanir�eade. 4091 (e) Business signs. The regulafion of business signs in the Hamline Midway Special Sign District shall be pursuant 4092 to seetien Chapter 646 eft}�e-zaningeadc. 4093 ( fl Nonconforming signs. The regularion of nonconforxning signs shall be pursuant to the provisions of aArticle III, 4094 seetiarr66.39@; Nonconforming sSigns, of thise chapter z�trir� eade. 4095 (g) Administrationandenforcement. 4096 .[Redundant, since this is part of Chapter 64.] Whenever a perxnit request for 4097 anadvertisingsignintheHamlineMidwaySpecialSignDistrictisrequested,suchpermitshallnotbeissuedunless 4098 the plans for the advertising sign have been approved by the zoning administrator as in compliance with this 4099 supplement and other provisions of Chapter 66, Signs, - "—onii��orri�e. 4100 (C.F. No. 99-888, § 1, 10-13-99) 4101 Sec. 646.7202i6�. Saint Anthony Park Special District Sign Plan. 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 The Saint Anthony Park Special District Sign Plan, created as provided in secrion 64fr.601�6 e€this�eade, pursuant to Council File No. 99-305 applies to the azea defined as follows: commencing at the extreme northwest corner of the city, the boundary shall extend east along the city llmit to Cleveland Avenue, south along the city limit to a point neaz Como Avenue, and east along the city limit to the centerline of vacated Aldine Street, thence continuing south along the centerline of vacated Aldine Street to the centerline of Wyrme Avenue, east along the centerline of Wynne Avenue to the centerline of Snelling Avenue, south along the centerline of Snelling Avenue to the northerly right-of-way line of the Burlington Northem and Sante Fe Railway just south o£Energy Park Drive, westerly along such northerly railway right- of-way line to the centerline of Cleveland Avenue extended north along the section line from University Avenue, south along the centerline of Cleveland Avenue extended and Cleveland Avenue to the centerline of Interstate Highway 94, westerly along the centerline of Interstate Highway 94 to the westem city lamit, and thence north along the city limit to the northwest corner of the city where the boundary line began. .[Redundant, since this is part of Chapter 64.] 4114 Within the Saint Anthony Pazk Special Sign Dishict, signs shall be subject to the following restrictions: 4ll 5(1) No advertising signs shall be permitted except signs on transit shelters and courtesybenches licensed or franchised 4116 by the city; �� � 4117 (2) Roof signs which advertise a product, service or entertainment which is offered, sold or m� �f�ctu�red on the 4118 premises shall not be permitted, but a roof sign may identify the name, logo and nature of the business carried on 4119 in the premises. 4120 Signs within the Saint Anthony Pazk Special Sign District which lawfully existed prior to the adoption of this sign plan 4121 and which would be prohibited, regulated or resh under the provisions of this sign plan or amendments hereto, may 4122 continue to exist as legal nonconforming signs under the provisions of �;egis}atiroe-E section 646300 pertaining to 4123 nonconforming signs, subject to the following additional requirements: 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 (1) No nonconforxning sign shall be: (a) Altered or enlarged in any way; or (b) Replaced by another nonconforming sign, though a change in the message on a nonconforming sign will not be deemed to be a replacement; or (c) Relocated to any other locarion in tlae Saint Anthony Park Special Sign Aishict; or (d) Reconstructedafterincurringdamageinanamountexceedingfifiy(50)percentofitsreplacementcost at the fime of loss, as determined by the city; or (e) Maintained through replacement of structural elements; or (2) Any nonconforming sign shall be immediately removed from the Saint Anthony Park Special Sign District at the cost of the owner if: (a) Tt is an imminent danger to life or properry; or (b) Tt incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss; or (c) Use of such sign has been discontinued for a period of three (3) consecutive months. Whenever a permit for a sign in the Saint Anthony Park Special Sign Dish is required under the provisions of�int Chapter 646, Signs, such permit shall not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with this sign plan. All building permit applications for signs in the Saint Anthony Park Special Sign District shall be submitted to the zomng administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All plans submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the plans within thirty (30) days and notify both the applicant and the Department of License, Inspections and Environmental Protecrion of any decision to approve or disapprove the plans. Written reasons for denial shall be prepared by the zoning administrator and shall accompany any decision to disapprove the plans. Any decision by the zoning administratormaybe appealed as provided in Chapter 61, A�inistrarion and Enfarcament . (C.F. No. 99-341, § 1, 5-5-99) 4150 Sec. 645.730��66. Merriam Park Special District Sign Plan. 4151 (a) Intent and purpose. The Merriam Park Special Sign District Plan, as provided in section 646.601�-�6 a€-�his-eade, is 4152 adopted to provide sign controls that build upon the unique character and idenrity of Merriam Park. This Sign Plan is 4153 intended to: 4154 4155 4156 4157 4158 4159 4160 4161 4162 (1) Maintainandenhancethescenicviewofuniquearchitecturalandnaturalfeaturesvisiblefromtheresidenrial and commercia] areas of Merriam Park: (2) Protect and encourage investment and beautification in the University Avenue, Marshall Avenue, Snelling Avenue and Selby Avenue corridors; (3) Reduce the clutter and chaotic diversity of advertising signage that impairs the effecfiveness of signs identifying businesses and institufions in Merriam Park; (4) Create a more aesthetically pleasing fusion of residential and commercial areas in Merriam Park; and (5) Protect property values in Merriam Pazk and reflect the pride its residents, businesses and institutions place in the community. 4163 (b) Definitions and interpretation. The provisions ofthis signplan are supplementary to the provisions of Chapter 646, 4164 Signs, "�m�is�eoac. The provisions of this sign plan that aze more restrictive than provisions of Chapter 645 shall 4165 prevail and supersede any conflicting provisions of Chapter 646. All other provisions of Chapter 64fr a€titis-eade 4166 shall continue to apply to signage within the Merriam Park Special Sign District. All words and terms shall be �,�� ° � ��� 4167 defined as in this sign plan and in Chapter 645 - "or-ci�coac. Provisions that use the word "shall" are mandatory. 4168 Provisions that use the word "should" or "recommend" aze advisory to carrying out the intent and purpose of this 4169 sign plan but are not mandatory. 4170 (c) Special sign district area. The Merriam Park Special Sign District Plan shall apply to the area defined as follows: 4171 CommencingatthecenteroftheintersectionofSnellingAvenueandUniversityAvenue,theboundaryshallextend 4172 south along the centerline of Snellmg Avenue to the centerline of Summit Avenue, then west along the centerline 4173 of Summit Avenue extending to the westem city limit, then northerly along the westem city limit to the median 4174 of Interstate Highway 94, easterly along the median of Interstate Highway 94 unril the centerline of University 4175 Avenue, then easterly along the centerline of University Avenue until the centerline of Snelling Avenue. 4176 (d) 4177 4178 Provisions. (1) No advertising sign shall be permitted, except signs on transit shelters and courtesy benches licensed or franchised by the ciry. 4179 (2) No free-standing or roof business sign shall be pernutted, except business signs which identify the name, 4180 logo, and/or nature of the business or profession conducted on the premises. 4181 (e) Nonconforming advertising signs. Signs within the Merriam Park Special District which lawfully existed prior to 41$2 the adoprion of this si� plan by the city council, and which would be prohibited, regulated or resh under the 4183 provisions of this sign plan or amendments hereto, may continue to exist as legal nonconforming signs under the 4184 provisionsofsection645.300,Nonconformingsigns,a€this�ede;subjecttothefollowingaddirionalrequirements: 4185 (1) No nonconforming advertising signs shall be: 4186 4187 4188 4189 4190 a. b. c. d. e. Altered in any way, other than changing the message on a painted or printed sign; Replaced by another nonconforming [sign]; Relocated to any other location in the Merriam Park Special District; Reconstructed after incurring damage in an amount exceeding fifty (50) percent of rts display surface, as determined by the city; or Maintained through replacement of structural elements. 4191 4192 4193 4194 4195 (2) Any nonconforming advertising sign shall be immediately removed from the Memam Pazk Special District at the cost of the owner: a. If it incurs damage in an amount exceeding fifty (50) percent of its display surface, as detexmined by the city; or 4196 b. If use of such sign has been discontinued for a period of three (3) consecutive months. 4197 (C.F. No. 99-889, § 1, 10-13-99) 4198 Sec. 646.735�ifr'F. Snelling Hamline Special District Sign Plan. 4199 (a) Intent and purpose. The Snelling-Hamline Special Sign Dish Plan, created as provided in secrion 646.G01�}6 4200 af�emng to provide sign controls in the Snelling-Hamline neighborhood is intended to protect property 4201 values, to maintain and enhance the visibility of unique architectural and natural features, and to encourage 4202 inveshnentandbeautificationinresidentialandcommercialareasbyreducingthevisualclutterofadvertisingsigns 4203 which impair the effectiveness of neighborhood business and insritutional signs and othercvise detract from the 4204 appearance, perception and safety of Snelling-Aamline's neighborhoods and commercial districts. 4205 (b) Area description. The Snelling-Hamline Special Sign District Plan sk�a11 apply to the area described area is as 4206 follows: 4207 4208 4209 4210 4211 4212 Commencing at the center ofthe intersection of Snelling Avenue and University Avenue, the boundary shall extend south along the centerline of Snelling Avenue to the centerline of Summit Avenue, then east along the centerline of Summit Avenne extending to the centerline of Ayd Mill Road, then running northwesterly along the centerline of Ayd Mill Road, then north on the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way to the centerline of Marshall Avenue, east to the centerline of Hamline Avenue, north to the centerline of University Avenue, then west to the point of beginning, all in the city of St. Paul, Minnesota. 4213 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of tire-�aning 4214 Eaet� Chapter 646, ein�4io�Signs. Provisions of this sign plan that are more restrictive than the provisions of 4215 Chapter 646 shall prevail and supersede provisions in Chapter 6 4G. All other provisions of Chapter 646 s€tire -�� �2 � � � y � 4216 �oniage-ode shall continue to apply to signs in the Snelling-Hamline Special Sign Dish All words and terms 4217 shall be defined as in this sign plan and in Chapter 66 �€tirez�iing-Eade. 4218 (d) Generalsignrestrictions.SignswithintheSnelling-AamlineSpecialSignDistrictshallbesubjecttothefollowing 4219 restrictions: 4220 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 4221 franchised by the city; 4222 (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the 4223 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 4224 carried on in the premises. 4225 (3) Business signs are not affected by this sign plan. 4226 (e) Nonconfor»zing signs. Nonconforming signs within the Snelling-Hamline Special Sign District which lawfully 4227 existed prior to the effecrive date of this sign plan or any amendments hereto and which would be prohibited, 4228 regulated, ar restricted under the provisions of this plan, may continue to exist as legal nonconforming signs 4229 regulated under the provisions of section 646300 pertaining to nonconforming signs, subject to the following 4230 addirional requirements: 4231 (1) No nonconforxning sign shall be: 4232 4233 4234 4235 4236 4237 4238 a. b. c. d. e. Altered or enlarged in any way; or Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other location in the Snelling-Hamline Special Sign District; or Reconstructed after incurring damage in an amountexceeding fifty (50) percent of its replacement cost at the time of the loss, as determined by the city; or Maintained through replacement of shuctural elements. 4239 (2) A nonconforming sign shall be immediatelyremoved from the Snelling-Hamline Special Sign District at the 4240 cost of the owner if: 4241 4242 4243 42a4 4245 ( fl 4246 4247 42A8 4249 4250 4251 4252 4253 a. It is an imminent danger to life or property; or b. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or a Use of the sign has been discontinued for a period of three (3) consecurive months. Sign permits, administration. Whenever a permit for a sign in the Snelling-Hamline Special Sign District is required under the provisions of Chapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administratar in conformance with this sign plan. All building permit applications for signs in the Snelling-Hamline Special Sig� Disirict shall be submitted to the zoning adminish-ator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan, The zoning administrator shall review the applicarion within thirty (30) days and notify the applicant of any decision to approve or disapprove the applicafion. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 4254 (C.F. No. 99 § 1, 1 4255 - . . - 4256 . . , . 4257 Sec. 645.740�693. Macalester-Groveland Special District Sign Plan. 4258 4259 4260 4261 4262 4263 4264 (a) Intent and purpose. The Macalester-Groveland Special Sign District Plan, created as provided in secfion 646.60 Y , in order to provide sign controls in the Macalester-Groveland neighborhood, is intended to protect property values, to maintain and enhance the visibility of unique architectural and natural feahues, and to encourage inveshnent and beautificarion in residential and commercial areas by reducing the visual clutter of advertising signs which impair the effecriveness of neighborhood business and institutional signs and otherwise detract from the appearance, perception and safety of Macalester-Groveland neighborhoods and commercial districts. 4265 4266 4267 4268 4269 4270 i� i �� (b) Area description. The Macalester-Groveland Special Sign Dish Plan shall apply to he °Xrea �scribed area is as follows: Beginning at a point where Mississippi River Boulevard and Summit Avenue intersect, along 5ummit Avenue to Ayd Mill Road, Southeasterly along Ayd Mill Road to the 35E Corridor, then South along the 35E Corridor to Randolph Avenue, West along Randolph Avenue to Mississippi River Boulevard, then North along Mississippi River Boulevard to the point of the beginning except those areas presently controlled underthe provisions of Legislative Code section 64fr.745�frf. 4271 (c) Interpretation and defznitions. The provisions of this sign plan are supplementary to the provisions of tiie-zemrc� 4272 eede; eChapter 646, entitled "Signs. Provisions of this sign plan that aze more restricrive than the provisions of 4273 eChapter 646 shall prevail and supersede provisions in eChapter 646. All other provisions of eChapter 64G�€the 4274 z�ingeadeshallcontinuetoapplytosignsintheMacalester-GrovelandSpecialSignDislrict.Allwordsandterms 4275 shall be defined as in this sign plan and in eChapter 64` "o-orzac-ao�mrg-eade. 4276 (d) General sign restrictions. Signs within the Macalester-Grroveland 5pecial Sign District shall be subject to the 4277 following restrictions: 427$ (1) No advertising signs shall be permitted, except signs on h shelters and courtesy benches licensed or 4279 franchised by the ciry; 4280 (2) Roof signs which advertise a product, service or entertainmentwhich is offered, sold or manufactured on the 4281 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 4282 carried on in the premises. 4283 (3) Business signs are not affected by this sign plan. 4284 (e) Nonconforming signs. Regulation of nonconforming signs within the Macalester-Groveland Special Sign Aistrict 4285 which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4286 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 4287 signsregulatedundertheprovisionsofsection646300pertainingtononconformingsigns,subjecttothefollowing 4288 additional requirements: 4289 4290 4291 4292 4293 4294 4295 4246 4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 (1) No nonconfornung sign shall be: a. Altered or enlarged in any way; or b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other location in the Macalester-Groveland Special Sign District; or d. Reconstructedafterincurringdamageinanamountexceedingfifty(50)percentofitsreplacementcost at the time of the 1oss, as determined by the city; or e. Maintained through replacement of stnxctural elements. (2) A nonconforming sign shall be immediately removed from the Macalester-Groveland Special Sign District at the cost of the owner iE a. It is an imminent danger to life or property; or � c. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. (g) Sign permits, administration. Whenever a permit for a sign in the Macalester-Groveland Special Sign District is required under the provisions of hapter 64fr, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Macalester-Groveland Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolurion of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the application within thirty (30) days and notify the applicant of any decision to approve or disapprove the applicafion. Written reasons, preparedby the zoning administrator, shall accompany all application decisions. 4313 (C.F. No. 00-1020, § i, 12-27-00) 4314 Sec. 64fr.745�Crt. Grand Avenue Special DistriM Sign Plan. 4315 4316 4317 4318 4319 4320 4321 4322 � (� � � � � The Grand Avenue Special District Sign Plan, created as provided in section 6 46.601z''�6 abave, 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 administrator shall enfarce the provisions of the Crrand Avenue Special District Sign Plan as a supplement to the zoning code. Whenever a permit for a sigi within the Grand Avenue Special Sign District is required under the provisions of this chapter, such permit shall not be issued unless the plans for the sign l�ave been approved by the zoning administrator as in conformance with the Crraud Avenue Special Dish Sign Plan. Building permit applications for signs in the Crrand Avenue Special Sia Dishict shall be submitted to the zoning administrator for review and approval. 4323 (Ord. No. 17098, 1-17-84; C.F. No. 99-75Q § 15, 9-1-99) 4324 Sec. 645.7503ifr3. Highland Village Special DistriM Sign Plan. 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 The Highland Village Special Sign District Plan, created as provided in section 6 4fr.601z'`}6, 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 Dishict Sign Plan as a supplement to the zoning code. Whenever a permit for a sign within the Highland Village Speclal Sign District is required under the provisions of this chapter, such permit shall not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with the Highland Village Special Dish Sign Plan. Building permit applications for signs in the Highland Village Special Sign District shall be submitted to the zoning administrator for review and approval. 4335 (Ord. No 17414, § 1, 11-4-86; C.F. No. 99-750, § 15, 9-1-99) 4336 Sec. 646.7553i6��. Shepard Davern Special District Sign Plan. 4337 (a) 4338 4339 4340 4341 4342 4343 (b) 4344 4345 4346 4347 4348 Intent and purpose. The Shepard Davem Special Sign District Plan, created as provided in secrion 64fr.COlzti}6 0£ the-�arcmg-eade, in order to provide sign controls in the Shepard Davern neighborhood, is intended to protect property values, to maintain and enhance the visibility of unique architectural and natural features, and to encourage investment and beautification in residential and commercial azeas by reducing the visual clutter of advertising signs which impair the effectaveness of neighborhood business and instihxtional signs and otherwise detract from the appearance, perception and safety of Shepazd Davern neighborhoods and commercial districts. Area description. The 5hepard Davern Special Sign District Plan shall apply to the area described area is as follows: Beginning at a point where Shepard Road, Mississippi River Boulevard and West Seventh intersect, northeasterly along West Seventh Street to Edgecumbe Road, north on Edgecumbe Road to St. Paul Avenue, east along 5t. Paul Avenue to West Seventh Street, northeasterly along West Seventh Street to Homer Street, southeasterly along Homer Street to Shepard Road, southwesterly along Shepard Road to the point of the beginriing. 4349 (c) Interpretation and def nitions. The provisions of this sign plan are supplementary to the provisions of tice 4350 eede; eGhapter 66, e�iHe�"Signs ll Provisions of this sign plan that are more restrictive than the provisions of 4351 eChapter 66 shall prevail and supezsede provisions in eChapter 66. All other pxovisions of eChapter 66 of the 4352 zoning code shall continue to apply to signs in the Shepazd Davern Special Sign District. All words and terms shall 4353 be defined as in this sign plan and in eChapter 66 e€tke-z�ning-eede. 4354 (d) General sign resh^ictions. Signs witivn the Shepard Davem Special Sign District sha11 be subject to the following 4355 restrictions: 4356 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 4357 franchised by the city; 4358 (2) Roofsignswhichadvertiseaproduct,serviceorentertainmentwhichisoffered,soldormanufacturedonthe 4359 premises shall not be permitted, but a roof sign may idenrify the name, logo, and nature of the business 4360 carried on in the premises. 4361 (3) Business signs are not affected by this sign plan. 4362 (e) Nonconformingsigns. Regulafion ofnonconforming signs within the Shepard Davem Special Sign District which 4363 lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4364 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 4365 signsregulatedundertheprovisionsofsection646300pertainingtononconformingsigns,subjecttothefollowing 4366 additional requirements: 4367 (1) No nonconforming sign shall be: 4368 4369 4370 4371 4372 4373 a. b. c. d. e. Altered or enlarged in any way; or 4374 4375 4376 4377 4378 4379 4380 4381 (g) 4382 4383 4384 4385 4386 4387 4388 4389 ' `- .a ��� Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other locarion in the Shepazd Davern Special Sign District; or Reconstructed after incurring damage in an amount exceeding fifiy (50) percent of its replacement cost at the rime of the loss, as determined by the city; or Maintained through replacement of structural elements. (2) A nonconformmg sign shall be immediately removed from the Shepard Davern Special Sign Distrfct at the cost of the owner if: .� c. It is an imminent danger to life or properry; or It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. Sign permits; administration. Whenever a permit for a sign in the Shepard Davern Special Sign District is required under the provisions of hapter 64fi, a perxnit shall not be issued unless the plans for the sign have been approvedby the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Shepard Davern Special Sign Dish shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the application within tl�iriy (30) days and norify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all applicarion decisions. 4390 (c.F. No. oaio�s, § i, i2-2�-00) 4391 Sec.-64:760.• Reserved. 4392 Sec. 646.7203i693. Downtown Area Special District Sign Plan. 4393 (a) Intent and purpose. The Downtown Special Sign District Plan, as provided in section 6�fi.�}601 a€this eecke, is 4394 adopted to provide advertising sign controls that build upon the unique chazacter and identity of the city's 4395 downtown. This sign plan is intended to: 4396 (1) Maintainandenhancethescenicviewofuniquearchitecturalandnaturalfeaturesvisiblefromtheresidential 4397 and commercial azeas of downtown; 4398 (2) Protect and encourage investment and beaurification of downtown; 4399 (3) Reduce the clutter and chaotic diversity of advertising signage that impairs the effecfiveness of signs 4400 identifying businesses and institutions in downtown; 4401 (4) Create a more aesthetically pleasing fusion of residential and commercial areas in downtown; and 4402 (5) Protect property values in downtown and reflect the pride its residents, businesses and institutions place in 4403 the community. 4404 (b) The provisions of the Downtown Special District Sign Plan apply within the boundaries of the District 17 4405 Neighborhood Distnct Council but excludes those areas of District 17 which aze subject to the jurisdiction of the 4406 Capital Area Architectural and Planning Board as provided by Minnesota Statute 15.50. 4407 (c) Within the Downtown Special Sign District, advertising signs shall be subject to the following restrictions: 4408 (1) No advertising signs shall be permitted except signs on transit shelters and courtesy benches licensed or 4409 franchised by the city; 4410 (2) Advertising signs within the Downtown Special Sign District which lawfully existed prior to the adoption 4411 of this special sign plan and which would be prohibited, regulated, or restricted under the provisions of this 4412 sign plan or amendments hereto, may continue to exist as legal nonconforming signs under the provisions 4413 of Legjslative Code section 66.300 pertaining to nonconforming signs, subject to the following additional 4414 requirements: 4415 a. No nonconforming advertising sign shall be: -� i_ � t' � L � 4416 1. Altered or enlazged in any way; or �' dj 4417 4418 4419 2. Replaced by another nonconforming advertising sign, though a change in the message on a nonconforming advertising sia will not be deemed to be a replacement; or 3. Relocated to any other location in the Aowntown Special Sign District; or 4420 4. Reconstructed after incurring damage to the advertising sign display surface or advertising sign 4421 structure in an amount exceeding fifty-one (51) percent of the replacement cost of the 4422 advertising sign display surface or fifiy-one (51) percent of the replacement cost of the 4423 advertising sign siructure at the tune of loss, as determined by the zoning adminishator; or 4424 5. Maintained through replacement of structural elements. 4425 b. Any nonconforming advertising sign sk�all be immediatelyremoved fromthe Downtown Special Sign 4426 District at the cost of the owner if: 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 It is deemed unsafe or hazardous by the Zoning Administrator; or 2. The advertising sign face or advertising sign structure sustains damage in an amount exceeding fifty-one (51) percent of the replacement cost of the advertising sign display surface or advertising sign structure at the time of loss; or 3. Use of such advertising sign has been discontinued for a period of three (3) consecutive months. (d) E-ade-E�rapEer-GCr. [Redundant, since this is part of Chapter 64.J Whenever a permit for an advertising sign in the Downtown Special Sign District is required under a provisions of Chapter 646, such permit shall not be issued unless the plans far the sign have been approved by the zoning administrator as in conforxnance with this sign plan. All building permit applicafions for advertising signs in the Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All plans submitted far zoning administratar approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provision of this sign plan. The zomng administrator shall review the plans within thiriy (30) days and notify both the applicant and the depariment of license, inspecrions and environmental protection of any decision to approve or disapprove the plans. Written reasons for denial shall be prepared by the zoning administrator and shall accompany any decision to disapprove the plans. Any decision by the zoning administrator maybe appealed as provided in Chapter�61, Admisiistcation.a¢d<f�h€oreement . 4445 (CF. No. 01-49, § 1, 4-1s-ol) 4446 - , , , 4447 , . 4448 4449 4450 4451 4452 4453 Chapter 65. Zoning Code - Land Use Definitions and Development Standards ARTICLE I. 65.000. GENERAL PROVISIONS 4454 Sec. 65.001. Land use de£nitions and development standards. 4455 For the purposes of this zoning code, the land use terms defined in this chapter shall have the meanings ascribed to them 4456 herein. Where land use terms are not specifically defined in this zoning code, they shall have ascribed to them their 4457 ordinarily accepted meanings and/or such as the context herein may imply. The standards and conditions listed for land 4458 uses in this chapter are applicable to both permitted uses and uses permitted by conditional use permit, as specified for 4459 each zoning district, unless otherwise noted. 4460 4461 4462 4463 4464 ARTICLE II. 65.100. RESIDENTIAL USES Division l. 65.110. Dwellings 4465 Sec. 65.111. Dwelling, one-family. 4466 A building designed exclusively for and occupied exclusively by one family in one dwelling unit. 4467 Standards and conditions in ZTII-7N2 Traditional Neighborhood Districts: ^` � � 2� 4468 A new one-family dwelling shall be on a lot no more than 50 feet in width, with a side yazd adjoin ng res�denrially 4469 zoned properry or properry occupied with a one-, two-, or multiple-family dwelling, except that any existing one- 4470 family dwelling may be reconstructed within two (2) years of the removal of the building. 4471 Sec. 65.112. Dwelling, two-family. 4472 A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of 4473 each other in two (2) separate dwelling units. 4474 Sec. 65.113. Dwelling, three-family. 4475 A building designed exclusively for or occupied exclusively by no more than three (3) families living independently of 4476 each other in three (3) separate dwelling units. 4477 Sec. 65114. Dwelling, four-family. 4478 A building designed exclusively for or occupied exclusively by no more than four (4) families livingindependently of 4479 each other in four (4) separate dwelling units. 4480 Sec. 65115. Dwelling, townhouse. 4481 A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached 4482 horizontally in a linear arrangement, and having �-totally exposed front and rear walls to be used for access, light and 4483 ventilation. 4484 Development standard.� 4485 In the RT2 Townhouse Residenhal District, no more than six (6) townhouse dwelling units shall be attached to 4486 form the townhouse structure. 4487 Sec. 65116. Dwelling, multiple-family. 4488 A building, or portion thereof, designed exclusively for occupancy by three (3) or more families living independently of 4489 each other in individual dwelling units. 4490 Secs. 65:117 - 65:Y20. 'Reserved: 4491 Sec. 65.121. Dwelling, carriage house. 4492 An accessory dwelling above a detached garage. 4493 Standards and conditions: 4494 (a)- The building planned for use as a camage house dwelling had space originally built to house domesfic employees. 4495 (b)- The applicant shall obtain a petifion signed by two-thirds of the property owners within one hundred (100) feet of 4496 the applicanYs property line consenting to the carriage house dwelling. 4497 (c}. The applicant shall not reduce the number of existing off-street parking spaces on the property and shall also 4498 provide additional off-street parking as required for the carriage house dwelling. 4499 (d) A site plan and a building plan shall be submitted to the planning commission at the time of application. Carriage 4500 house dwellings are exceptions to one (1) main building per zoning lot requirements. 4501 Secs. d5.122 - 65.129. Reserved. 4502 Sec. 65.130. Cluster development. 4503 The arrangement of two (2) or more dweIling units, either attached ar detached, - ',' 4504 as part of a single.deveiopmentthat=may i�clade morethan 4505 one (1) principal residential btiiilding on azoning lot. 4506 Standards and conditions: 4507 (a) , fhj Applications for cluster development shall include site plans, 4508 includmg landscaping and elevations and other information the planning commission may request. 4509 (b) , , - , No unit shall intrudeing on the vertical airspace of 4510 any other unit. `'✓ � �OZ� 4511 (c�) The parcel shall have a minimum frontage of eighty (80) feet on an improved sh-eet -(�;j—��e paree}sl�a}land meet 4512 the lot area required per unit in the zoning dish-ict. Individual lots within a cluster d"evelopment may have less than 4513 the required lot area for the zoning dish-ict provided such reductions are compensated for by an equivalent amount 4514 of property owned in common elsewhere in the cluster development. Lot area shall not include areas designated 4515 as public or private streets. 4516 (de) �he Structures shall conform to the dimensional standards for height, lot coverage, and 4517 setbacks �g for the zoning district. Requued yards within a cluster development may be reduced or 4518 eliminated provided required yards aze maintained along the periphery of the cluster development. 4519 (e� The design shall be comparible with the surrounding neighborhood. 4520 (fg) Individual lots, buildings, street and parking areas shall be designed and situated to minimize aJteration of the 4521 natural features and topography. 4522 Sec. 65.131. Housing for the elderly. 4523 4524 4525 4526 4527 4528 4529 4530 A multiple-family struchu , , , in which eighty (80) percent ofvvhase the occupants shall be sixty-twofire (625) yeazs of age or over, or a mulriple-family shucture owned and operated by the Saint Paul Public Housing Ageney (PHA) within which over ninery-fibe (95) percant of the units have �o more than one bedroom and ace occupied by persons who are eligible for admission to public housing in accordance with currentfedaxalregulations - > struetare. 4531 Sec. 65.132. Reuse af large structures. 4532 Conversion or reuse of residential shuctures of over nine thousand (9,000) square feet gross floor area and permitted 4533 nonresidential structures such as churches and schools. 4534 Standards and condifions in Residential Districts: 4535 (a) The planning commission shall find that the structure cannot reasonably be feas�3y used for a conforming use. 4536 (b) The planning commission shall find that the proposed use and plans are consistent with the comprehensive plan. 4537 (c) Theplanningcommissionshallfindthattheproposeduseandstructuralalterationsoradditionsarecompariblewith 4538 the surrounding neighborhood and land uses. 4539 (d) Parking for the new use shall be provided in accordance with the requirements of section 6�3.i$3Z00 for new 4540 structures. 4541 (e) Applications for conversion or reuse shall include a notarized petition of two-thirds of the property owners within 4542 onehundred(100)feetofthepropertyproposedforthereuse,siteplans,buildingelevations,andlandscapingplans, 4543 and other information which the planning commission may request. 4544 4545 4546 Division 2. 65.140. Mixed Commercial-Residential Uses 4547 Sec. 65.141. Home occupation. 4548 An occupation carried on in a dwelling unit by the a resident thereof, provided that the use is limited in extent, incidental 4549 and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. 4550 Standards and conditions: 4551 (a)b A home occupation may include prafessienat small offices, service establishments �� `ornces or homecrafts which 4552 are typically considered accessory to a dwelling unit. Such home occupatious shall iirvalve only limited retailing, 4553 by appointment only, asociated with fine arts, crafts ar pers�nal services as aliowed in the B1 Local BiYSi�ess 4554 District. 4555 (b)a A home occuparion shall not involve the conduct of a general retail or wholesale business, a manufacturing 4556 business, a commercial food service requiring a license, a limousine business or auto service or repair for any 4557 vehicles other than those registered to residents of the property, anfl shaJl not invol�e refailing excepE as nAted in 4558 paragraph (a). 7 �Q�� 4559 (c) A home occupation shal] be carried on wholly within the main building. No home occupation shall be allowed in 4560 detached accessory buildings or garages. 4561 (d) All home occupatlon activities in dwelling units of less than four thousand (4,000) square feet of total living azea, 4562 excluding a cellar and attic, shall be conducted by no more than two (2) persons, for one (1) of whom the dwelling 4563 unit shall be the principal residence. All home occupation acrivities in dwelling units of four thousand (4,000) or 4564 more square feet of total living area, excluding a cellar and attic, shall be conducted by no more than three (3) 4565 persons, for one (1) of whom the dwelling unit shall be the principal residence. 4566 (e) No sh alterarions or enlargements shall be made to the dwelling far the primary purpose of conducring the 4567 home occupation. 4568 (fl Service and teaching occuparions shall serve no more than one party per employee at a rime and shall not serve 4569 groups or classes. 4570 (g) There shall be no exterior storage of equipment, supplies or commercial vehicles associated with the home 4571 occupation, nor parking ofmore than one (1) business car, pickup truck or small van, nor any addirional vehicles 4572 except those for permitted employees identified under paragraph (d). 4573 (h) There shall be no detriments to the residenfial character of the neighborhood due to noise, odor, smoke, dust, gas, 4574 heat, glare, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any 4575 other annoyance resulting from the home occupation. 4576 (i) A home occupation may have an identification sign no larger than two (2) square feet in area, which shall not be 4577 located in a required yard. 4578 (j) Home occupations for handicapped persons that do not meet these conditions may be reviewed by the board of 4579 zoning appeals, which may modify or waive t$e requirements (a) through (g). 4580 (kJ) For the purposes of thi`s seefion sttbdivisien "principal residence" shall mean the dwelling where a person has 4581 established a permanent home from wliich the person has no present intention of moving. A principal residence 4582 is not established if the person has only a temporary physical presence in the dwelling unit. 4583 Sec. 65c142: -Live-work uuit� 4584 A dw�lling pnit in com6inaYion wi�h a shop, offfice,:s4ixdio, or other work space within the�same unit, where the sesidem 4585 occupantbo#h�7sves and woiks. 4586 Startdards and corrditions.� .- 4587 (a) The work space compa�entmt�st°be laeated ontfie �ixst:tloor or basement of�the huilding, with an entrance faeing 4588 the primary abutGing:ppblic stieet. 4589 (b) The dwelling uniY component must=be lacated�above or�behuid thework s�e; aad maintain a�separate. enfrance 4590 located on th� front� or side facade=and�accessible fiotn�thepr'rmaxy abutYing�p�iblic street. 4591 (c) Tha o£fice or bnsinesseotbponent ofthe unit�shall not e�ceed:thirty (30) peroexthof fihe total gross floor area�of�tiie 4592 unit. 4593 (d) A total of two off-streetp�cking spaces shall be=provided fac a live-work unit, located tv the reu of tha �unit, ar 4594 undergroundfenclosed. 4595 (e) The siae and nature af the wark spaee shall be limited sa that the huildingtype may be governed by resiflential 4596 buildi� codes. An increase� in size or intenszt� beyoad fhe speeifred limit would require the buildmg to Tis� � 4597 classified as a mixed-use builditig. 4598 (fl 4599 4600 4601 4602 4603 4604 The business componentof the-bnildirig ma�inblude of&cas small service esfablishments homecxafts w�txch�,are typically considexed aacessory to a dwelling uiiit, or limited reYailing, by appainfinent only, associated wltir!fine arts, crafts, or personal seYVices. The business component shall be limited to fhose uses otherwise permitted in fhe district whi'ch do not reqnire a separaYion &om residentiallg �oned or occupied praperry, or �oEher pratect8d u�e: It may not include a wholesale business, a manufactuting business, a commerclal food seroice requiringa-fleei�se a limousine business or auto seroice or repaii for any vehieles ather tkian those regisYered to resid�rits ofthe properiy. 4605 Sec. 65.143. Miced residential and commercial use. 4606 Standards and conditions in BI-B3 Business nnd IR-I2lndustrial Districts: �'��'�n s� 4607 (aj Residential uses are limited to not more than fifty (So) percent of the basement and first floor.'Y'h� e�ire upper 4608 floors may be used for residential use. At least fifty (50) percent of the basement and first floor shall be devoted 4609 to a principal use permitted in this district, except residential use. 4610 - 4611 4612 , ' � - , - - . ° - ° � : � . : ����� �� , � : ��.� � ° �� � � �. � . ,- . , - : : �, . .: . .. . ... . .• .. : :: �. . : . . � ..: . . .. �. . . . . : �. . . .. .. . y, ♦ 4620 4621 4622 Sec. 65.151. Foster home. Division 3. 65.150. Congregate Living 4623 A dwelling unit in which a foster care program licensed by the commissioner of human services or the commissioner of 4624 conections is operated in the principle residence of the license holder. 4625 Development standards: 4626 In Bl, B2arn�-B3 Business ,andJR-I2:Indusfrral Districts, the use shall be within a mixed-usebuilding. In B4 and 4627 BS Business Districts, the use shall be within a multiple-family building. 4628 Sec. 65.152. Freestanding foster care home. 4629 A dwelling unit in which a foster caze programthat is licensed by the commissionerofhuman services is operated in other 4630 than the principle residence of the license holder. 4631 Development standards: 4632 See Sec. 65.151. Foster home. 4633 Sec. 65153. Community residential facility, licensed human service. 4634 One (1) main building, or portion thereof, on one (1) zoning lot where one (1) or more children or persons with mental 4635 retardafionorrelatedconditions,menta1i11ness,chemicaldependencyorphysicalhandicapsresideona24-hour-per-day 4636 basis under the auspices of a program licensed by the Minnesota Department of Human Services to provide lodging in 4637 conjunction with monitoring, supervision, treahnent, rehabilitation, habilitation, education or training of the residents 4638 ofthe facility. 4639 This definition does not include: 4640 (1) Foster homes or freestanding foster homes as defined in ��� -- `�v,ro^:zo`v- this code; 4641 (2) Residential treatment programs physically located on hospital grounds; 4642 (3) Regional treatment centers operated by the commissioner of human services; 4643 (4) Licensed semi-independent living services for persons with mental retardation or related conditions or mental illness, 4644 ifthe license holder is not providing, in any manner, direct or indirect, the housing used by persons receiving the service. '.' . . : - . _ . .�.� , _ . . . . � : : : �.�: : . �.. . . :� . - + _ '. 1 . . �; ��� 4651 , 4652 4653 Standards and conditions ' - - 4654 � . 4655 (a) �t The facility shall be'_ _._`_�aR a minimum distance of one thousand three hundred twenty (1,320) radfa} feet 4656 from ° any other licensed community residential facility, emergency housing facility, shelter for 4657 battered persons with more than four (4) adult facility residents, overnight shelter, or transitional housina facility 4658 with more than four (4) adult facility residents, except in B4-BS Business Districts where it shall be at least six 4659 hundred (600) feet from any other such facility. 4660 (b) In RI, RTI Residential Districts, the facility shall serve six (6) or fewer facility residents. In RT2 Residential, 4661 TNl-TN3 TraditionalNeinhborhood, OS-B3 Business and IR-I2Industrial Districts, the facility shall seroe sixteen 4662 (16) or fewer facility residents. 4663 (c) In residential districts, aconditional use permitis required for facilities serving seven (7) or more facilityresidents. 4664 - 4665 (d) InB4-BSBusinessDistricfs,fhe - facilityshallbe' 4666 located in a multiple-family structure. 4667 - , 4668 , , 4669 �irrc,rdinghauses- 4670 a(e) Except in B4-BS Business Districts, facilities serving seventeen (17) or mare facility residants shall hare a 4671 minimum lot area of five thousand (5,000) square feet pins one 4672 thousand (1,000) square feet for each ad$itiana} guest room in excess of two (zj'guest rooms, and one (1') off-stceet 4673 parking space far eueiy tcvo (2) facility resi$�iits. 4674 . - . 4675 . ty 4676 , 4677 . 4678 4679 - 4680 , , . 4681 . 4682 , . 4683 Sec. 65.154. Community residential facility, licensed correctional. 4684 One (1) main building, or portion thereof, on one (1) zoning lot where one (1) or more persons who aze placed there by 4685 a court, court services depariment, parole authority or other correctional agency having dispositional power over persons 4686 charged with or convicted of a crime or adjudicated delinquent reside on a 24-hour-per-day basis under the care and 4687 supervision of a residential program licensed by the Minnesota Department of Corrections. 4688 This definirion does not include: 4689 (1) Licensed foster care homes serving persons under eighteen (18) years of age in the principal residence of the license 4690 holder; 4691 (2) Municipal, county or regional jails, workhouses, juvenile detenrion facilities, or state conectional facilities operated 4692 by the commissioner of conections. 4693 Standards and conditions � - - 4694 (a) Preliminary licensiug review by the Minnesota Department of Correetions. 4695 �(b) Thefacilityshallbeaminimumdistanceofonethousandtku�eehundredtwenty(1,320)feetfromanyotherlicensed 4696 �vrrccciaiiai community residential , facility, 4697 , emergency housing facility, - 4698 � shelYer for battered�pe�sbns with more:ikian four (4) adi�lt ' - �.��� 4699 facility residents, ovemight shelter, or transitional housing facility with more than four (4) adult faciliry residents, 4700 except in B4-BS Business Districts where it shall be at least six hundred (600) feet from any other such facility. 4701 g(c) Except in B4-BS Business Districts, the facility3t shall notbe located in a planning district in which one (1) percent 4702 or more of the population lives in licensed i�umairserviee community residenrial facilities, 4703 - , emergency housing 4704 facilities with more than four (4) adult facility residents, evenrightsi�ehers shelters for battered persons, overnight 4"705 shelters, and/or transitional housing faciliries with more than four (4) adult facility residents. 4706 b(d) The facility serves no more than sixteen (16) facilily residents, except in B4-BS Business Districts where it shall 4707 serve no more than thirry-two (32) facility residents. 4708 a(e) It shall - occupy the entire 4709 shucture. 4710 e(fl Except in B4-BS Business Districts, the facility shall have a tire minimum lot st2e�is azea of five thousand (5,000) 47ll square feet plus one thousand (1,000) square feet for each guest room in excess of two (2) guest rooms, and one 4712 (1) off-street parking space for every two (2) facility residents. 4713 . . 4714 . 4715 , 4716 �— 4717 ���,�µ '- ' — "� ,, , „� „ -- - ^' � - � 4718 . - . 4719 . , 4720 , , 4721 , - . 4722 . . 4723 . 4724 . 4725 , . , 4726 Sec. 65.155. Community residential facility, health department licensed. 4727 One (1) main building, or portion thereof, on one (1) zoning lot which is licensed by the commissioner of health as a 4728 rooming and/or boardinghouse and receives fifty (50) percent or more of its residents under a contract or other 4729 arrangement with the state or a local government human services agency to provide lodging for people who are mentally 4730 ill or chemically dependent. 4731 Standards and conditions ' - - - 4732 . 4733 (a� The facility shall be a minimum distance of one thousand three hundred twenty (1,320) rndia� feet from any other 4734 �xea3tii deparhneir�licensed community residenrial facilityies, emergency housing facilityies, �tiarc�hausirtg 4735 sr shelters for battered persons with more than.four (4j adultfacilityresidents, ' 4736 overnight shelters, or frarisitianal 4737 housing facility wifh more t7ian�fo� (4j aditilt £acilitry residents B4-B5 �BusiiresSDisiricts where'itslia�l 4738 be at least six hundred (b00) feet fromany otker such facility. 4739 (b)f ExceptinB4-BSBnsineSsDisfriCts�thefacili{y�fshallnotbelocatedinaplanningdistrictinwhichone(1)percent 4740 or more of the population lives in licensed i��mr�eivice community residential facilities,' -- -' --` --' 4741 - , emergencyhousing 4742 facilities, aven�-s shelters for battered persons with morethan four (4) adult faciliiy residents, overnight 4743 shelters, and/or transitional housing facilities with more tlia� four (4) adulf facility residents. 4744 i�(c) The facility shall serves no more than sixteen (16) adult facility residents and minor children in their care, exeept 4745 in B4-BS Business Dis1ricts where it shall serve no more than thirfy-two (32) total facility residents. 4746 a(d) The facility 3t shall not be located in a two-family or mulrifamily dwelling unless tke�xeilit}* it occupies the entire 4747 structtue. ��2� 4748 e(e) Except in B4-BS Business Districts, the facility shall l�ave a minimum lot siz�is area of five thousand (S,Q00) 4749 square feet plus one thousand (1,000) squaze feet for each e�guest room in excess of two (2) guest rooms, and one 4750 (1) off-street parking space for every facility resident. 4751 . 4752 4753 are�net- 4754 4755 . 4756 . - . 4757 . 4758 , , ce 4759 , . 4760 . 4761 4762 4763 Sec. 65.156. Emergency housing facility. 4764 One (1) main building, or portion thereof, on one (1) zoning lot where persons who do not have housing live on a 24-hour- 4765 per-day basis until more permanent arrangements can be made, but generally for no longer than thirty (30) days. 4766 Standards and conditions. 4767 See Sec. 65.155. Community residential faciliry, health department licensed, standards and condirions (a)-(e). 4768 Sec. 65157. Overnight shelter. 4769 One (1) main building, or portions thereof, on one (1) zoning lot where persons receive ovemight shelter, but are not 4770 expected or permitted to remain on a 24-hour-per-day basis. 4771 Condition: 4772 The facility shall be a minimum distance of s'vc hundred (600) feet from any other ovemight shelters, licensed 4773 imman-servree community residential facilityies, ' 4774 - , transitie�; emergency housingfacility, shelters for 4775 battered persons with ttioxe tfian four �4j ad�7If�fac�lity resident§, or transitional' hvus'rng 4776 facilitywitli'more tHani�our (4);adultfacility:residents. 4777 Sec. 65158. Shelter for battered persons. 4778 One (1) main building, or portion thereof, on one (1) zoning lot where adults and children who k�ave suffered assault or 4779 battery live on a 24-hour-per-daybasis for a period of rime generally not to exceed thirty (30) days and are served by a 4780 program certified by the Minnesota Department of Correcfions. 4781 Standards and conditions for shelters for battered persons serving more than four (4) adultfacility residents and minor 4782 children in their care: 4783 (a) In Residential, TN1-TN3 Traditianal Neighborhood and OS-B2 Basiness Districts, a conditional use permiY is 4784 requirefl far facilities seiding morethan fout (4) adult facility residents andminor children in their care. 4785 4786 4787 4788 4789 4790 4791 4792 4'193 4794 (b)a In Residential Districts, the facilityies shall be i�exte� a minimum distaxice of one thousand three hundred twenty (1,320) feet from any other shelters for battered persons with�more than four (4) adnit facility reszdenrts, h�ansitiana� i2eus�es licensed �-c community residential facilityies, ' n�:7�e��eifities emergency housing facilityres, - � overnight shelters, or iransitional housing facility with more than four (4� aduk faaility resideuts. (c) Excepf in B4-BS Busiriess DisCticts, fhe facility�t shall notbe located in aplanning district in which one (1) percent or more of the population lives in licensed hczmaarsexviee community residential facilities, ' - , emergency housing facilities, oroemightshel�ers; shelters for bartered persons with more than four (4) adult facility residents, ovemight shelters, and/or transitional housing facilities with more than fnLm (4) adult Paciliry residents. 4795 (d) In RLrRT2 Residential,.TN1-TN3 Traditional IQeighborhood, OS-B3 Business and IR - I2 Indixstrial Distriets; the 4796 facility shall;serve �ixte'en (16j or fewer adult facility rasidents: and mirior'ehildren in-t7ieircare. A747 (e� The facility 3t shall not be located in a two-family or mulrifamily dwelling unless �� o cupies the entire 4798 smxcture. 4799 . 4800 , 4801 4802 , , 4803 bn«rcfrr�g�atts�s- 4804 (fla In residential districts, facilities serving seventeen (17) or more facility residents shall have a minimum lot area 4805 of five thousand (5,000) square feet plus one thousand (1,000) 4806 square feet for each ad�itiaira� guest room in excess of two (2) guest rooms, and one (1) off-street parking space 4807 for every two (2) facility residents. 4808 . - . 4809 4810 4811 4812 A813 - , , , 4814 . 4815 Sec. 65159. Transitional housing facility. 4816 One (1) main building, or portion thereof, on one (1) zoning lot where persons who may or may not have access to 4817 traditional ar permanent housing but are capable of living independently within a reasonable period of hme, generally 4818 about eighteen (18) months, reside on a 24-hour-per-day basis for at least thirty (30) days and participate in appropriate 4819 program activities designed to facilitate independent living. 4820 5tandards and conditions for transitional housing facilities serving more than four (4) adult facility residents and minor 4$21 children in their care. 4822 (a) In Residential, TNJ-TN3 TradiYaanaT Neighbozltood�a�d' Q�=� Business.Districfs, a condifional usz pe�m�it:zs 4823 required for facilities �eiving.more than fouz (4) adult.f�eilify rasidents.and minorohilclr�n att tkarx�care. 4824 (b� In RI;-�T2ResidentiakDishicts;:fhe facilityies shall be �ee�ateA a minimum distance of one thousand three hundred 4825 twenty (1,320) feet from any other transitional housing facilityres with.more than four (4) adui� fability res�dents, 4826 skekers licensed �ccai��r - scrPicc community residential facilityies, ' 4827 €aei}ities; emergency housing facilityies, -' shelYer for 4828 battered persons wifhrzmarethan.four (4).adultfacility residents, or ovemight shelters. 4829 . 4830 . 4831 4832 . 4833 . 4$34 , , 4835 , - > 4836 . 4837 (c)� Exceptin B4-BS Busiuess Districts the facility it shall notbe located in a planning district in which one (1) percent 4838 or more of the population lives in licensed iimisanserazee community residential facilities, �-- -' ---` -- -' 4839 - , emergencyhousing 4840 facilifies,sven�terssheltersforbatteredpersonswitlimorethanfour(4)adultfacilityresidents,overniglit 4841 shelters, and/or transitional housing facilities with more than fiuur (�F) adult facility residents. 48�42 (d) InRL-RTl Residential Distcicts, the facrility shall serve six (6) or fewer adultfacility residents and minor ahildran 48a3 in their caze. In RT2 Kesid"ential, TNl-'i`N3 Traditional Neighborhood, OS-B3 Busines� and IFt-I2 IndustriaJ 4844 Districts, the facility sh�11 serve siateen (16) or fawer adult facility residents and minor children in then' care. 4845 (e)a In RL-RT2 Residential.Districts, the facility 3t sha11 not be loeated in a two-family or mulfifamily dwelling unless 4846 #lie-€aeifiky if occupies the entire shucture. . �:- .- . . - �. .. - - � �-� . . � .- �:-: . . ;.. . , : - � . . . �. . ,' ' , �: � „ , , :. :. _ , _ -: , - : ,- . - , . -� - , - - - . : .: ., .: . 4854 . 4855 , 4856 - , a , 4857 . 4858 . 4859 . 4860 - , 4861 , , 4862 $attrr�ingkoas�s- 4863 (g}�a In Residential Districts, facilities serving seventeen (17) or more facility residants shall have a minimum lot area 48b4 of five thousand (5,000) square feet plus one thousand (1,000) 4865 square feet for each �ddttienx� guest room in excess of two (2) guest rooms. 4866 . . 4867 Secs. 65.160 - 65.169. Reserved. 4868 Sec.65.170. Boardinghouse. 4869 Any roominghouse which provides meals to its roomers. 4870 Sec.65.171. Roominghouse. 4871 (1) Any residenrial structure or dwelling unit, supervised or not, which provides laving and sleeping arrangements for 4872 more than four (4) unrelated individuals for periods of one week or longer; ar 4873 (2) Any residential structure or dwelling unit which provides single room occupancy (SRO) housing as defined in CFR 4874 Secrion 882.102 to more than four (4) unrelated lndividuals; or 4875 (3) Any building housing more than four (4) unrelated individuals which has any ofthe following characteristics shall 4876 be considered and regulated as a roominghouse: 4877 a. Rental arrangements are by the rooming unit rather than the dwelling unit. �' : ,� . �•:1 �:: �.: Rooming unit doors are equipped with outer door locks or chains which require different keys to gam entrance. c. Kitchen facilities maybe provided for joint or common use by the occupants ofmore than one rooming unit. d. Rooming units are equipped with telephones having exclusive phone numbers. e. Rooming units are equipped with individual intercom security devices. 4883 f. Each rooming unit has a separate asslgned mailbox or mailbox compartment for receipt of U.S. mail. 4884 Standards and conditions, exce(it in B4-BS Business "° "_""'^ n__ �,__.. _. Districts: 4885 (a) A minimum lot area of five thousand (5,000) square feet plus one 4886 thousand (1,000) square feet for each �difii�rra� guest room in excess of two (2) guest rooms. 4887 (b) One (1) off-sh'eet parking space for every two (2) facility residents. 4888 Secs. 65.172 - 65.179. Reserved. 4889 Sec.�65:18�: Assisted.liv�bg. . �� g 4890 A facility licensed by the Minnesota Deparhnent of Health where individualized home care,aide�se�i� r'.�ome 4891 management services aze provided to residents either by the management or by providers under contract with the 4892 management. 4893 Standards and conditions: 4894 See Sec. 6�.182. Nzasing home. 4895 Sec. 65.181. Boarding care home. 4896 A building or struchue where aged or infirm persons reside on a riventy-four-hour basis in order to receive custodial care 4897 and related personal services; for purposes of this code, the same as a nursing home. 4848 Sec. 65.182. Nursing home. 4899 A building or sh where aged or infirm persons reside on a twenty-four (24) hour basis in order to receive nursing 4900 care and related services. 4901 Standrnds and conditions. 4902 (a) The yazd requirements for muitiple-family use in the district apply. 4903 (b) InTraditionalNeighborhoodDevelopmentDistricts,afacilitylocatedwithinapredominantlyresidentialormixed- 4904 use area shail have direct access to a collector or higher classification street. 4905 (c) In Traditional Neighborhood Development Districts, the site shall contain a miuimum of one hundred fif€y (150) 4906 square feet of green space.per resident, consisting of outdoorseating areas,:gardens and(ar recreationat faeilities. 4907 Public parks or piazas within three hundred (3fl9) feet of the site may be used to. meat:this requiremen� 4908 Sec.65183. Hospice. 4909 One (1) maln building, or portion thereof, on one {1) zoning lot in which terminally ill persons live in order to receive 4910 appropriate Medicare-certified hospice services. 49ll ,�tandards arac3�canditrons.' 4912 (a) A condiTianal use permit is requ�red fbr hospices serving-sevanteen j17} or more facility re�idents. 4913 (b) InRL-RT1Residantial=Districts;thefacilityshallservesix(6)orfewarfacility=res'idents. InRT2-RNI1Re'sidential 4914 and QS�B3 Business .District's, thc facility shall�seroe sixteen-(16) or fe�ver facility�resiil�nts. 4915 (c) Theyar&reguiremenisfur�mulfipl8:�ariiily:use'inthadisttictapply.� 4916 Secs. 65.184 - 65.189. Reserved. 4917 Sec.65.190. Dormitory. 4918 A building designed for or used as group living quarters for students of a high school, college, university or seminary, 4919 organized and owned by a high school, college, university or seminary. 4920 Standards and conditions: 4921 (a) In Residential and TNl Traditianal NeighbQrhood IJistricts, a canditional.use permit is requized £or-off �a�pas 4922 dormitories. 4923 (b) The use mnst be witkin tt�o hundred fifty. (2Q) feat of the campus of the institation it saroes, for a coilene, 4924 univexszty, seminary or other sach instihrtion of higher leamigg as established�in a conditional use permit. Tii liL- 4925 R4 Residential Districts the use�shall.b� on tke�campus. 4926 (c) The yard requirements �fQr multiple-family use in the�district apply when fhe use is not iocated on a caxnpus. 4927 established Yn a condiEiorial use �ermit: 4928 Sec. 65.191. Fraternity, sorority �euse. 4929 A building used as group living quarters for students of a college, university or seminary, who are members of a fraternity 4930 or soronty that has been officially recognized by the college, university or seminary. 4931 Standards and conditions: 4932 (a) In Residential and TLVl �'raditional Neighborhood Districts, a conditional use permit is required for off-campus 4933 fraternities and sororifies. , g� 4934 (b) The use must be within two hundred fifly (250} feet of the campus boundary as establ'tslfedin ���#t�onal use 4935 permit for the institution it serves. In RL.R4 Residenrial Districts, the use shall be on the campus. 4936 (c�a If it is outside of the campus boundary, the prapas�use mustbe located in an existing structure designed and built 4937 as a one- or two-family dwelling miit or new structure that meets the height, density and setback requirements for 4938 a two-family dwelling . 4939 . - . . 4940 Sarerity�eus� 4941 > , 4942 , 4943 4944 4945 4946 4947 ARTICLE III. 65.200. CIVIC AND INSTITUTIONAL USES Division 1. 65210. Educarional Facilities 4948 Sec. 65.211. Day care. 4949 The care of one or more children on a regular basis, for periods of less than twenty-four (24) hours per day, in a place 4950 other than the child's own dwelling unit. Day care includes family day care, group family day care and group day care, 4951 as hereinafter defined. 4952 (1) Family Day Care. A day care program providing caze for not more than ten (10) children at one time, and which 4953 is licensed by the county as a family day care home. The licensed capacity must include all children of any 4954 caregiver when the children are present in the residence. 4955 (2) Group Family Day Care. A day care program providing caze for no more than fourteen (14) children at any one 4956 time of which no more than ten (10) aze under school age and which is licensed by the county as a group family 4957 day care home. The licensed capacity must include all children of any caregiver when the children are present in 4958 the residence. 4959 (3) Group Day Care. A day care program providing care for more than six (6) children at one time and licensed by 4960 the state or the city as a group day care center. Crroup day care includes programs for children lrnown as nursery 4961 schools, day nurseries, child care centers, play groups, day care centers far school age children, after school 4962 programs, infant day care centers, cooperative day care centers and Head Start programs. 49b3 Standards and conditions: 4964 (a) In RL-R4 Residential Districts, group day care frrr mare than.fivelve=(IZ�chitdreu�t oire tmie shall be located in 4965 a nonresidential shucture formerly occupied by a church, school or similar facility. In industrial districts, groug 4966 day care shall be accessory to a principal use permitted in the district. 4967 (b) A fence at least three and one-half (3 %z) feet in height shall surround all play areas located in a front yard or 4968 adjacent to a public or private street. 4969 Sec. 65.212. School, grades K-12. 4470 Developmentstandard: 4971 The school shall offer courses m general educarion, and shall not be operated for profit. 4972 Secs. 65.213 - 65.219. Reserved. 4973 Sec. 65.220. College, university, seminary, or similar institution of higher learning. 4974 An institution for post-secondary education, public or private, offering courses in general, technical, or religious 4975 education and not operated for profit, which operates in buildmgs owned or leased by the institution for administrative 4976 and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, 4977 athletic facilities, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit. 4978 Standards and conditions ezcept in 66=B3 B4-BS Business DistYicts: 4979 . , , ':1 ..; ,.• ..; ,.�. ,.; ,... ..• ,•:: - ���� (a)b When an institution is establishedzc�e$fstriet, theinsYi�tian it shall bere�uired=to provide t e minimumnumber of off-streetpazking spaces required by this code , , The institurion shall be required to provide additional parking spaces only when the minimum number of parking spaces will have to be increased due to a more than ten (10) percent or three hundred (300) gain in the total number of employees, staff and ar students, whichever is less. Thereafter, additional pazldng spaces will have to be provided for each subsequent gain of more than ten (10) percent or three hundred (300) in the total number of employees, staff or students; aad-e. To determine compliance with parking requirements in =` aoovc, the institurion must file an annual report with the planning admanistrator stating the number of employees, staff and students associated with the institurion. `:� . . '. - : 4990 (bJ€ A theater, auditorium or sports arena located on a college, university or seminary campus must provide off-street 4991 parking within six hundred (600) feet of the building to be seroed as measured from a principal entrance to the 4992 building to the nearest point of the off-street parking facility, and also provide the number of parking spaces 4993 specified in section 63�.20(F16-3. The planning commission, after public hearing, may determine that the existing 4994 parking provided by the institution for students, employees and dormitory beds meets this parking requirement 4995 based upon the following: 4996 (1)r The spaces are within six hundred (600) feet of the building they aze intended to serve, as measured from 4947 a principal entrance to the building to the nearest point of the off-street pazking lot; and A998 (2)c It can be demonstrated by the insritution that the spaces are not needed by students and employees during A999 times when events attracting nonstudents and nonemployees are to be held. 5000 Additional standards and conditions in Residential Districts: 5001 (c)a The campus boundary as defined under subparagraph �(� below at some ponit shall be adjacent to a major 5002 thoroughfare as designated on the major thoroughfare plan. 5003 (d)b Buildings shall be set back a minimum of fifty (50) feet from everyproperty line, plus an additional two (2) feet 5004 for every foot the building's height exceeds fifty (50) feet. 5005 (e)e On a campus of five (5) acres or more, no building shall exceed ninety (90) feet in height; on a campus smallerthan 5006 five (5) acres, no building sha11 exceed forty (40) feet in height. 5007 ( fl� The boundaries of the insfitution shall be as defined in the permit, and may not be expanded without the prior 5008 approval of the planning commission, as evidencedby an amendedspeerat conditional use perxnit. The campus that 5009 is defined by the boundaries shall be a minimum of three (3) acres, and all property within the campus boundaries 5010 must be contiguous. 5011 The applicant shall submit an"anticipated growth and development statement° for approval of a new or expanded 5012 campus boundary, which statement shall include but not be limited to the following elements: 5013 (1) Proposed new boundary or boundary expansion. 5014 (2) Enrollment growth plans tl�at include planned or anticipated maximum enrollment by major category (full- 5015 time, part-time, undergaduate, graduate) over the next ten (10) years and also the anticipated maximum 5016 enrollment over the next twenty (20) years. 5017 (3) Plans for parking faciliries over the next ten (10) years, including potential locations and approximate time 5018 of development. 5019 5020 5021 5022 5023 5024 5025 5026 (4) Plans for the provision of addirional student housing, either on-campus or off-campus in college-controlled housing. (5) Plans for use of land and buildings, new construction and changes affecting major open space. (6) An analysis ofthe effect this expansion (ornew campus) will have on the economic, social andphysical well- being of the surrounding neighborhood, and how the expansion (or new campus) will benefit the broader community. Approval of a new or expanded campus boundary shall be based on an evaluation using the general standards for speeix3 conditional uses found in section 61#.3500, and the following criteria: 5027 (i) Anticipated undergraduate student enrollment growth is supported by plans for student housing that can be 5028 expected to prevent excessive increase in student housing demand m residenrial neighborhoods adjacent to 5029 the campus. SQ30 (ii) Potenrial parking sites identified in the plan are generally acceptable in terms of possible aoees.s �u�t and 5031 anticipated traffic flows on adjacent streets. 5032 (iii) Plans for building construction and maintenance of major open space areas indicate a sensitivity to adjacent 5033 development by maintaining or providing adequate and appropriately located open space. 5034 (iv) The proposed new or expanded boundary and the "anticipated growth and development statement" aze not 5035 in conflict with the city's comprehensive plan. 5036 (g)e The institution shall not exceedby more than ten (10) percent or three hundred (300), whichever is less, the student 5037 enrollment, staff and employee size and/or dormitory bed levels idenrified in the permit unless required off-street 5038 pazking is provided and approved by the commission. 5039 . , 5040 , - 5041 , . 5042 . , 5043 5044 . 5045 5046 Division 2. 65.230. Social, Cultural, and Recxeational Facilities 5047 5048 Sec. 65.231. Cemetery, mausoleum. 5049 Condition in Residential Districts: 5050 The use shall.have vvlriek lawfully occupied iand the°property at the fime of adoption of this code. 5051 Sec.65.232. Club. � 5052 An organization of persons for special purpose or for the promulgation of sports, arts, sciences, literature, politics or the 5053 like, but not operated for proFit, excluding churches, synagogues or other houses of worship. 5054 Sec. 65.233. Golf course. 5055 Standards and conditions: 5056 (a) The site shall be so planned as to provide principal access directly onto or from a major tharoughfar�e�g�ted 5057 .[in definition] . ; and to achieve a relationship 5058 betweenthemajorthoroughfareandanyproposedserviceroads,entrances,drivewaysandparkingareaswhieh�i�} 5059 that encourages pedestrian and vehicular traffic safety. 5060 (be) Development feahues, including the principal and accessory buildings and struchues, shall be sa located and 5061 related so as to minimize the possibilities of any adverse effects upon adjacent property. All principal ar accessory 5062 buildings or structures sha11 be situated at least two hundred (200) feet from any properry line abutting residentially 5063 zoned or used lands; provided, that where topographic conditions are such that buildings would be screened from 5064 view, the planning commission may modify this requirement. 5065 (c�) In rasidential distriots, the course sha11 consist of at least nine (9) holes and shall not include drtvingranges "pitch 5066 and putt" miniature golf courses. 5067 (de) Golf courses shall not be lighted for night use. 5068 Sec.65234. Museum. 5069 Standcrrds dnd conditdons: 5070 (a) In the TNl Tradirional Neighlrorhood District, a conditional use permit is reguired far musenms of morethan 5071 10,000 squaee feet in gcoss flo'or area. 5072 (b) InTraditionalNeighborhood Districts, a museunn located within a predominantly residential or mixed-use arera shall 5073 have direct access to a coIlector or higher classificarion street. 5074 Sec. 65.235. Recreation, noncommercial. 5075 Recreational azeas including private, noncommercial recrearion areas, institurional, munxcipal or communityrecreation 5076 centers, and nonprofit swimming pool clubs. 5077 Standards and conditions in Residentiat Districts: � p 5078 (a) The proposed site for any of the uses permitted herein shall have at least one (1) propert}�ine a�u�in� major 5079 thoroughfare [in definirion], and the site shall be so planned as to 5080 provide principal access directly to said major thoroughfaze. 5081 (b) All yards shall be landscaped in trees, shrubs and grass. All such landscaping shaK be maintained in a healthy 5082 condirion. There shall be no pazking or structures permitted in these minimum yazds, except required entrance 5083 drives and those walls used to obscure the use from abutting residenrial dish 5084 (c) VJhenever a swimming pool is consizucted under this subparagraph, said pool area shall be provided with a 5085 protective fence, six (6) feet in height, and entry shall be provided by means of a controlled gate. 5086 5087 5088 5089 Sec. 65.271. Rectory, parsonage. 5090 Condition: Division 3. 65.250. Religious Institutions 5091 The use shall be associated with a church, chapel, synagogue, temple or other similar house of worship. 5092 Sec. 65.272. Convent, monastery, religious retreat. 5093 Condition in Residential Disfricts: 5094 The use shall be associated with a church, chapel, synagogue, temple or other similar house of worship. 5095 5096 5097 ARTICLE N. 65300. PUBLIC SERVICES AND UTILITIES 5098 Sec. 65.310. Antenna, cellular telephone. 5099 A device consisting of asnetal, carbon fibxe, or other electromagnetically conductive rods or elements, usually arranged 5100 in a circular array on a single supporting pole or other stnxcture, and used for the transmission and recephon of radio 5101 waves in wireless telephone communications. 5102 Standards and conditions: 5103 8a�6j [RLL-R4] 5104 , 5105 , , 5106 . . , 5107 (a) In Rasidential Distriots, a conzli�ional use perinit is required fbr cellular felephone antennas on a resid�n�ial 5108 structure less than si�fy�(60) fze't high: In Ra'sid"enfial, Tradi�ional Naigfiborhood and Business Districts,� a. 5109 conditional use pexcnit is required:for cellular telephone antennas on a=freesianding pale, except for'existiiig uYility 5110 poles. In Rasid�ntial and Traditionai Neighborhood Dishicts e�stTng ntilif� poles to which ceilular teleplrone 5111 anteitnas are attached shall b� at least sixty (60) feet high: 5112 (b)� InResidential,Tradition�lNeigfilrorfiood,andOS=B3andB5Basiness:Districts,theantennasshallnotextendmore 5113 than fifteen (15) feet above the sh height of the sYructure to which they are attached. In B4 BuSin�ss and 511 A Industrial Districts, tha antennas skzall not eatend more than forry (49) feet above tlre structaral height of tha 5115 structu�e to which they area attached: 5116 . 5117 . 5118 . . 5119 , 5120 . , . .: - . � : : .: : : •• : . ;;� bp2� 5123 (c)x For antennas proposed to be located on a residenrial structure less than sixty (60) feet high m Residential Districts, 5124 or on a new freestanding pole in Residential, Traditional Neighborhood, and Business Districts, the applicant shall 5125 demonstrates that the proposed antennas cannot be accommodated on an existing freestanding pole, an exisring 5126 residential structure at least si�zty (60) feet high, an existing institutional use structure, or a business building within 5127 one-half ('/z) mile radius of the proposed antennas due to one (1) or more of the following reasons: 5128 5129 5130 5131 5132 (1)- The planned equipment would exceed the structural capacity of the exisring pole or structure. (2} The planned equipment would cause interference with other existing or planned equipment on the pole or structure. (3)r The planned equipment cannot be accommodated at a height necessary to function reasonably. (4r The owner of the exisring pole, structure or building is unwilling to co-locate an antenna. �J�i} ��in.r•n�a'�nr.wi.vr.����iiis.z�t:nii�nri��:»�r.�uuitww�uw�iiwwrniiiaw�n.w»ndi�nr•��n:iw+anaii�YU:�S��n:�i.��:�ki�xuua���n.,l 5134 arc�" [Duplicates (b) above.] - . . .. . :.. �...:.�.,�..� _� �����F..� ' ' . .. . .. ' . :. : :.. .. •� � .- � �1 - : . .. : : . - � . : • ' :.. . . :.: � . . . . ..; .. _ .. � . . .. .. - - - : • • i a^��ennaLn:v�mu��nnn�r.n�owiii��u:i��niwl:i:�nii4mr.wo�:��iaiui.i��b�niinaiivn.iiiuu�•uu�' . � - • - � - - • •• i - - - _ " • i i � � - • - • - • i • - - i • - � - - • - i - i 5148 . 5149 . , - . [Duplicates (c).] 5150 (d)ir. InResidential,TraditionalNeighboihoadandBusinessDistricts,cellulaztelephoneantennastobalocatedonan�w 5151 freestandingpole are snbject-�o.flie f6llocving�sfandards arid�condi�ions: 5152 (1) Thefreestandingpoleshallnotexceedseventy-five(75)feetinheight,unlesstheapplicantdemonstratesthat 5153 the sunounding topography, structures, or vegetation renders a seventy-five-foot pole impracrical. 5154 Freestanding poles may exceed the above height limitby twenty-five (25) feet ifthe pole is designed to carry 5155 two (2) antennas. 5156 (2) � Antennas shall not be located in a required front or side yard and shall be set back one (1) fimes the height 5157 of the antenna plus ten (10) feet from the nearest residential structure. 5158 (3) � The antennas shall be designed where possible to blend into the surrounding environment through the use 5159 of color and camouflaging azchitectural treatment. Drawings or photographic perspectives showing the pole 5160 and antennas shall be provided to the planning commission to determine compliance with this provision. 5161 5162 eemmissi�r. [Duplicates (fj below.] 5163 . . [Duplicates (g) below.] .� . . :. .: . r . -,. - - -- .- .- -- - - - - -.- .. - � � • 0 • - i - . �r.ni.w�+r.��u...-a..vn:ii.r.0 • i • - � • •- � 5167 (4) ir. In Residential and Traditional Neighbarhood Districts, the pole is-�aeated shall 5168 be on institutional use property at least one (1) acre in area. In $usiness Districts, the zoning loton which 5169 the pole is located shall be within contiguous property with OS or less restrictive zoning at least one (1).acre 5170 in area. - - .: . ... � -- .� - � • --.. . � .- - . -.JriYr 5173 5174 [Duplicates (a) and (b) above.] - - -. : - � - •- . - -- - - --- -. - .0 � �- - � �.. - - - : .: . �. � . .�. ..� - =. -. • � -.. .- .� .. - . - ..� - : �:.• - -, - - - : .0 . - -. � .�. . .�� � • - - - • � - � - -- � � �1 � . :..• � . . ..� - . =. . . : : . . .. : :.. • . . � : � � .- . i :' =. � .- • - �... - . .- - ... -. .. - .••- - : . - - . - - - ..-- - :� - -- - .- -- - .. .. -- - • i • - � . � � - : � • i • - - � • - � - � •i 1 - -• i - � - - �� - •i -� - � •� - :r• i' i - -- •i - -�:- - �i -- i� - i�'•i �� - - - _ , �i -- - i - i •• - � __ ___ "_________________'"" . ......_._ ______ � • •r• � �. � _ _ " _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • � •i• • •• • � i - - - - ' - - " •i i � � i...in9ni � _ ' _ _ _ "' " ' ' • - i • i _ _ _ _ _ _ _ _ _ _ _ _ �� - � i• - ' �� _ _ _ i •• -� � - 1 - / � • __ _ ' _' __ _ _ _ __ :�� � _ _ - � • - i � _ _ _ � _ � _ _ _ _ _ � i - \\ - i • i�� • • � _ _ _ _ '� � • � �- � � '� � _ _ _ _ _ _ � _ _ _ _ i ' _ � � , • _ _ � _ _ _ _ _ _ _ � , � - � • . � � - � � _ _ •'_ _ _ _ _ _ _i i � - i � s _ _ _ _ _ i • i i' ' � _ _ _ _ �� •i. i i -•:� __� ,'__ __� •, _ _•i� � �• ,�• .��- � - - - �- - •- •• i _ _ _ _ _ � � �• �• � 5207 . . [Duplicates (g) below.] 1 . . •. .: . '� - -. .. . . . . . 1 . C. .. •� . - � .- � : : .: . • .:. . :. 0 • : . . -� � � .�. . : . . � .. : . .: �..= . -. � . .�. -.�. . .-� .: - : : . � � : . . . .. : . .: . . .:. . :. : . : : i . ��? " ����3 5218 8ae-69-56d{�9} [B3] , - , 5219 . . [Covered in (a), (c), (d), (�, (g), and (h).] 5220 8e:.-69.� [B4] y - 5221 . 5222 . [Covered in (b), (fl and (h).] 5223 See:-6&5'�4f}#j [Ba] - 5224 , . . [Covered in (c), (d), (fl, (g) and (h).] 5225 $ee�&5�3{�3j [il] - 5226 , . . [Duplicates (b) above.] 5227 8� [nl , _ 5228 (e)a: In Industrial Districts, �he cellular telephone antennas on a freestanding pole shall not exceed one hundred fifiy 5229 (150) feet in height, shall not be located in a required front or side yard, and shall be set back one (1) times the 5230 height of the antenna plus ten (10) feet from the nearest residential structure. 5231 ( fl�r. Antennas located in historic dish shall be subject to review and approval of the heritage preservation 5232 commission. 5233 (g� Freestanding poles shall be a monopole design. 5234 (h)� Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. 5235 If a new eqnipment building is necessary, it shall be permitted and regulated as an accessory building, section 5236 63�.500�96, and screened from view by landscaping where appropriate. 5237 (i) . . . . Cellular telephone antennas that are no longer used for 5238 cellular telephone service shall be removed within one (1) year of nonuse. 5239 . . - , , - - [Moved from §62.120 to this more logical location.] 5240 See-66.fr32{3j [I3] - , 5241 . . [Coveied in (b), (e), (�, (g) and (h).] 5242 Sec. 65.3ll. Antenna, public utility microwave. 5243 A parabolic dish or comucopia shaped electromagnetically reflecfive or conductive element used for the transmission 5244 and/or receprion of point-to-point iJHF or VHF radio waves in wireless telephone communications, and including the 5245 supporting structure thereof. 5246 Standards and conditions: 5247 (a) The antennas, transmitting towers or array of towers shall be located on a conrinuous parcel having a dimension 5248 equal to the height of the antenna, transmitting tower or array of towers measured between the base of the antenna 5249 or tower located nearest to a property line, unless a qualified structural engineer shall specify in writing that the 5250 collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. 5251 (b) The prapas� installation shall meet all requirements as outlined under section 61z�.400i$$, site plan review. 5252 Sec. 65.312. Antenna, radio and television, broadcast transmitting. 5253 A wire, set of wires, metal or carbon fibre rod or other electromagnetic element used to transmit public or commercial 5254 broadcast radio or television programming, and mcluding the supporting structure thereof. 5255 Standards and conditions. 5256 See Sec. 65.311. Antenna, public utility microwave. 5257 Sec. 65.313. Antenna, satellite dish. 5258 A device incorporaring a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow 5259 dish, cone, horn ar cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves 5260 between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what aze 5261 commonly refened to as satellite earth stations, TVRO's (television receive only), and satellite microwave antennas. 5262 Standards and conditions: '� 5 � � ��� 5263 (a) Bxcept in Industrial Districts, commercial, private and public satellite dish transmitting or receiving antennas shall 5264 not exceed three (3) meters in diameter. 5265 (b) In the Il Industrial District, a conditional use permit is required for satellite dish antennas in excess of three (3) 5266 meters in diameter. 5267 (cra Satellite dish antennas shall be located on zoning lots of sufficient size to assure that an obstruction-free transmit- 5268 receive window or windows can be maintained within the limits of the property ownership. 5269 (d)b Except where the antenna is screened by a shucture exceeding the antenna height, landscape buffering and 5270 screening shall be maintained on all sides ofthe satellite dish antenna in a manner in which growth of the landscape 5271 elements will not interfere with the iransmit-receive window. 5272 (e)e The prepase� installation shall meet all requirements as outlined under section 61�.400i$g, site plan review. 5273 Secs. 65314 - 65.319. Reserved. 5274 Sec. 65.320. Electric transformer or gas regulator station. 5275 Standards and conditions in Business Districts. 5276 There may be service yards, but there shall be no storage yards. 5277 Sec 65.321. Municipal building or use. 5278 Development standard in Residential, Traditional Neighborhood, and OS-B4 Business Districts: 5279 There shall be no outdoor storage. 5280 Sec. 65.322. Utility or public service building. 5281 Utility and public service buildings include such fhiugs as water and sewage pumping stations and teiephone exchange 5282 buildings: 5283 Standards and conditions in Residential, Traditional Neighborhood, and OS-B4 Business Districts: 5284 (a) Except far off-street parking and loading the use shall be completely enclosed within a building. There shall be 5285 no outside storage. 5286 (b) Excagt in Business DisteicEs the application shall include substantiating evidence that operating requirements 5287 necessitate locating the use within the district in order to serve the immediate vicinity. 5288 Secs. 65.323 - 65.329. Reserved. 5289 Sec. 65.330. Yard waste site, commercial. 5290 A privately owned or leased site that has been approved by the city, Ramsey County and the Minnesota Pollution Control 5291 Agency far the storage, h or composting of yazd waste. 5292 Standards and conditions: 5293 See Sec. 65.331. Yard waste site, municipal. 5294 Sec. 65.331. Yard waste site, municipal. 5295 A site owned or leased by a governmental entity and approved by the city, Ramsey County and the Minnesota Pollution 5296 Control Agency for the storage, transfer or composting of yard waste. 5297 Standards and conditions: 5298 (a) Only yard waste and no other types of solid waste shall be accepted;. 5299 (b� The � yard waste site shall be located no closer than three hundred (300) feet from any residenrially used 5300 property as measured from the edge of the nearest compost pile to the nearest residentially used property. 5301 (c�) The mcmieip�l yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through 5302 the use of berms, trees or other means;. In industrial districts, the.site may°have.greenhouses for. compos4ing:yard 5303 waste. 5304 (de) The height of the compost pile shall be limited to no higher than fifteen (15) feet above grade;. �krj In residential 5305 districts, the size of the municipal yard waste site shall be limited to no more than three thousand (3,000) cubic 5306 yards of material per acre;. V � � � � V �ei ._ 5307 (e) The site shall be maintained cleanly including the immediate removal of waste materials deposited on or neaz the 5308 site which cannot be composted; and. 5309 5310 5311 5312 5313 5314 Sec. 65.411. Artist's stndio. ARTICLE V. 65.400. COMIvIERCIAL USES Division 1. 65.410. Offices 5315 A place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan or craftsperson, 5316 including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, 5317 vocal or instrumental music, painting, sculpture and writing. 5318 Sec. 60.412. Professional office. 5319 Professional offices include, but are not limited to, offices of accountants, architects, attorneys, auditors, bookkeepers, 5320 engineers and financial planners. 5321 5322 5323 Division 2. 65.450. Medical Faciliries 5324 Sec. 65.451. Clinic, medical ar dental. 5325 An establishment where human patients who are not lodged ovemight are admitted for examination and/or treahnent by 5326 a group ofphysicians, dentists or similar professionals. 5327 Sec.65.452. Hospital. 5328 An institurion, hcensed by the state department of health, providing primary health services and medical or surgical care 5329 to persons, primanly in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental 5330 conditions, and including as an integral part of the instituhon, related facilities such as laboratories, outpatient facilities, 5331 or training facilities. 5332 5333 5334 5335 5336 5337 5338 Standards and condiPions: (a) InRM2-RM3Residentialand3N2-TN3Traditianall��ighirorhoodDistricts;ferhospitals;andother�iiailaihealth and medical institurions shall qualifying as nonprofit institurions under the laws of the State of Minnesota, and bc the prapased site shall have . - . direct access to an arterial or collector street =---�'_'_ _� �_ _�' �_ `�'_�_ �_ ._�-�_ra-. 5339 (b)a In RM2-RM3 Residentiai Districts, all suchhospitals and similarheaTthand medical institutions shall be developed 5340 only on sites consisring of at least five (5) acres in area, there shall be no height limitations placed on the principal 5341 shucture, and � the minimum distance of any main or accessory building from bounding lot lines or streets shall 5342 be at least fifty (50) feet for front, rear, and side yards for all two-story structures. For every story above two (2) 5343 the minimum yard distance shall be increased by at least twenty (20) feet. 5344 Sec. 65.453. Veterinary clinic. 5345 An establishment for the rourine examination, medical or surgical treatment and care of domestic household pets 5346 generally with overnight boarding facilities for pets in care but without kenneling of animals. 5347 Standards and conditions.• 534$ All activity shall take place within completeiy enclosed buildings with soundprQOfing and odor con�oi; ouLdooi 5349 kennels aze prohibited. In Traditional Neighborhood and B2 Business Distriets, there shall be no kenneling of 5350 animals not under medical treahnent. 5351 5352 Division 3. 65.500. Retail Sales and Services 5353 Sec. 65.510. General retail. �;� �^, p � � L. C3 5354 General retail sales include the retail sale of products to the general public, sometimes with provision of related services, 5355 and produce minimal off-site impacts. General retail sales include but are not limited to the following: 5356 (a) antiques and collectibies store 5357 (b) art gallery � 5358 (c) bicycle sales and repair 5359 (d) book store, music store 5360 (e) clothing and accessories 5361 (fl drugstore, pharmacy 5362 (g) electronics sales and repair 5363 (h) florist 5364 (i) jewelry store 5365 (j) hardware store 5366 (k) news stand, magazine sales 5367 (1) office supplies 5368 (m) pet store 5369 (n) photogr�phic equipment film deaeloping 5370 (o) stationery store 5371 (p) picture framing 5372 (q) video stare 5373 Standards arsd conditzons: 5374 In TN2 TN3 Traditional Neigl9borfroodT)istriots, these uses are intended to be o# a moderate size oompatible with 5375 neigkl�arhood-IavelreYail, ancl a oonditional:use pernrit is required for�establishments of moYe than 10,OOQ�quare 5376 feet in gross floor �ea: 5377 Sec. 65.5ll. Business sales and services. 5378 Business sales and services include, but are not limited to, machinery sales and janitorial services. 5379 Sec. 65.512. Currency exchange. 5380 Currency exchange, as defined in Minnesota Statutes Section 53A.01, means any person, except a bank, hust company, 5381 savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business 5382 of cashing checks, drafts, money orders or travelers' checks for a fee. "Currency exchange" does not include a person who 5383 provides these services incidental to the person's primary business if the charge for cashing a check or draft does not 5384 exceed one dollaz ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. 5385 Standards and conditions: 5386 The currency exchange business shall be located at least one hundred (100) feet from any �-m lot in a 5387 residenrial district or lot occupied with a one-, two-, tiaec=, 5388 oc�v�nroRSC or mulriple-family dwelling, measured from the closest point of the building in which the 5389 business is located to the closest residenrial property line. 5390 Sec. 65.513. Drive-throug�'sale�arid services, pximary and�accessory. 5391 Standards and conditions: 5392 (a) Drive-through lanes and sernice windows shall be located tu the sid� or rearof buildings shall not bz looateil 5393 between the principal stn3etute and a pubiic sfreet, and shall beat least sia-ty (HOj feet fromthe cIasest ponrt a� miy 5394 residentially zoned property or property occup�ed with a one-, two-, or multiple-family dweHing. 5395 (b) Points of vehicular ingress and agress shall be located at least sixty (60) Peet from the intersactian of two stceets 5396 and at least sizty (60) Peet from.abutting residentially zoned property. � �� � � � 2 � 5397 (c) Speaker box sounds fromthe drive-through lane shall not be plainly audible so as to unreasonably disturb the peace 5398 and quiet of abutting residential properry. 5399 (d) A six-foot bufFer area with screen planting and an obscuring wall or fence shall be required along any properry line 5400 adjoining an existing residence or residentially zoned properry. - 5401 Additional condition in the TN2 Traditional Neighborhood District. 5402 (e) There shall be no more than one (1) drive-through lane and no more than two (2) drive-through service windows, 5403 with the exception of banks, which may have no more than three (3) drive-through lanes. 5404 Sec. 65.514. Dry cleaning, commercial laundry. 5405 Standards and conditions: 5406 In TraditionalNeighborhood, B 1-B2 Business, and B4 Business Districts, the estabhshment shall deal directly with 5407 the customer, and shall serve no more than one (1) retail outlet. 5408 Sec.65.515. Florist. 5409 Retail business whose principal acrivity is the selling of plants which are not grown on the site and conducting business 5410 within an enclosed building. (See Sec. 65.510. General retail.) 5411 Sec. 65.516. Food and related goods sales. 5412 Retail sales of food and related goods include the following: 5413 (a) grocery store, supermarket 5414 (b) butcher shop 5415 (c) bakery 5416 (d) candy store 5417 (e) produce shop, or oYher specialty food shop 5418 (fl retail°food establishment 5419 (g) catering 5420 Szandards and conditions: 5421 See Sec. 65.510. General retail: 5422 Sec. 65.517. Food shelf. 5423 A place where groceries are provided at no cost to mdividuals in emergency situarions and where such groceries aze 5424 consumed off-site. 5425 Sec.�$5.518. �ar�en ceiiter� otr�door. 5426 Outdoar retail sales of plants not grown on the site, lawn furniture, playground equipment, and garden supplies. 5427 Stcandards and conditions in 73V2-7N3 Tradifional Neighborhood Distriets: 5428 (a) There shall be no exterior stoxage a£bulk matariak such as dirf, sand, grac*el and building mateiials. 5429 Standards and conditions in B2-B3 Business and IR-I2 Industrial Districts: 5430 (b)a The use is accessory to a principal use permitted in the district. 5431 (c)b The zoning lot on which it is located is at least twenty thousand (20,000) square feet in area. 5432 (d)e The use shall be located at the end or rear of the building. 5433 Sec.65.519. Greenhouse. 5434 Retail business whose principal acfivity is the selling of plants grown on the site, which may have outside storage, 5435 growing or display, and may include sales of lawn furniture, playground equipment and garden supplies. 5436 Standards and conditions: 5437 (a) The storage or display of any materials or products shall meet all setback requirements of a structure. 5438 (b) All loading and parking shall be provided off-street. � � J , . 5439 (c) The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as fo pre��any 5440 effects on adjacent uses. 5441 Sec. 65.520. Gun shop, shooting gallery. 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 A gun shop is a business , , , . within which a federally- licensed fireanns dealer is engaged in the sale, lease, trade or other transfer of firearms. Excepted from this definition are: (1) federally-licensed fireanns dealers engaged only in gunsmithing, repair, cleaning or other maintenance of firearms; (2) federally-licensed firearms dealers engaged only in processing Intemet-based or mail-order sales to other licensed dealers where neither the display, inspection nor physical transfer of the firearm occurs on or near the premises; and (3) single retail businesses, which aze federally-licensed, with more than 50,000 gross square feet of floor area for which the sale of fireanns is projected to account for less than ten percent (10%) of its annual gross sales. 5454 Standards and conditions: 5455 5456 5457 5458 5459 5460 5461 (a) The gun shop or shooting gallery is shall be located at least one thousand (1,000) radial feet from any residentially zoned property and from any "protected use," defined as: a group day care center which has a business sign indicaring this use; a house of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public regional pazk or parkway, public park, public recreation center or public specialized recreation facility as idenrified in the parks and recreation element of the Saint Paul Comprehensive Plan. The distance shall be measured in a straight line from the closest point of the property line of the building in which the gun shop is located to the closest point of the property line of the protected use;. 5462 (b) The gun shop or shooring gallery shall meets the required firearxns dealers security standards as mandated by 5463 Minnesota Statutes, Secrion 624.7161. 5464 Sec. G5.52=1: Liquor Store: 5465 Stamlards ancl con�litions: 5466 See Sec. 65.510. Generdl reEail. 5467 Sec. 60.522. Massage center. 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 A building or portion of a building which is used for offering "massage," defined as the rubbing, stroking, lmeading, tapping or rolling of the body, for the purposes of pleasure, relaYation, physical fitness or beautification, offered for a fee or other valuable considerafion. This definition shall include any building, room, siructure, place or establishment used by the public, other than a hospital, sanatorium, rest home, nursing home, boardinghome or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, where nonmedical and nonsurgical manipulation exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, phystcal therapy orpodiatry, with or without the use of inechanical, therapeutic or bathing devices, or any room or rooms from which a massage therapist is dispatched by telephone or otherwise for the purpose of giving a massage. 5478 Secs. 65.223 - 65.224. Reserved. 5479 Sec. 65.525. Outdoor uses, commercial. 5480 Standards and conditions for outdoor commercial uses not otherwise allowed in the district: 5481 The use shall not conflict with off-street pazking, off-street loading 5482 and the system of pedestrian flow. The planning commission, in determining that the use is hannonious with 5483 adjacent uses, shall require the submission of a site plan including a floor plan and all uses within three hundred 5484 (300) feet of the boundary of said site superimposed on said site plan. 5485 Secs. 65.226 - 65. 229. Reserved. 5486 Sec. 65.530. Package delivery service. 5487 A business which transports packages and articles for expedited delivery primarily in single rear axle siraight trucks or 5488 smaller vehicles, where no single item weighs over one hundred fifty (150) pounds. Excludes courier services. 5489 Sec. 65.531. Pawn shop. �- � Q 5490 A place where money is loaned on security ofpersonal property left in pawn and predged as°cd��ia�r$Yfor the loan and 5491 where such property may be redeemed by the seller in a fixed period of time or sold to the general public. 5492 Standards and conditions: 5493 (a) The business shall be conducted within a completely enclosed building. 5494 (b) The building in which the business is located shall be at least one hundred and fifry (150) feet from the closest point 5495 of any residentially zoned properry 5496 5497 ; provided, however, that this condirion may be modified a�aadifie�ti�mraY 5498 begrastted pursuant to secrion 61�.'�500 subj ect to the following conditions: 5499 (1) Thereisnoexisringpawnshopwithinfivethousandtwohundredeighty(5,280)feetoftheproposedlocarion, 5500 measured from the neazest building wall of the existing pawnshop to the nearest building wall of the 5501 proposed use, or if there is no building, to the neazest lot line of the proposed use. 5502 (2) Customer entrances shall not be oriented towazd residentially zoned properry. Customer parking shall not 5503 be closer to residentially zoned property than the primary enh 5504 (3) The location of a pawnshop at this locarion will not be conh to any adopted district plan or other city 5505 program for neighborhood conservarion or improvement, either residential or nonresidenrial. 5506 (4) The proposed use meets all other requirements for speeia} conditional use permits provided in section 5507 61�3500. 5508 Sec.65.532. Photocopying. 5509 Standa7-ds.and conditions<• 5510 In the T`N1 Traditional-Naighborhood Distriat; thetotal floor azea shaIlnot exceed 2900 sqaara feet. In T�72-'I`N3 SS ll Tradifional l�eighborhood Distiicfs Ttie total ffoar area skall�not exceed 1ff square feet. 5512 Sec. 63.533. Service busiiiess. 5513 Service businesses include:p'rovASion:of services to tihe general public fhatpraduceminimal off-site impacts. Service 5514 businesses include buf are not limifed'to the fo�lowing: 5515 5516 (a) barbar and beauty shops (b) drS'-cleaning pick-np €station 5517 (c) interiardecaraUngLup3iol�Yeny 5518 (d) locksmith 5519 (e) mailing and packaging services 5520 (� radio and televisian:service and repair 5521 (g) shoe repair 5522 (h) 5523 (i) tailor skop watch repair, other sinall goods repair 5524 Sec. fi5:534. Service business with s�owroom or workshop. 5525 Sarvice businesses with sho-wroom or workshop include such things as an offiee of a contractor (eieatrical, heating; air 5526 conditioning, mechanical painter etc) along wit7i=ashoivroom-andGon.wo�kshop. 5527 Stanci'ards and conditions:. 5528 5529 5530 5531 5532 5533 In T'N2-TN3 Traditional Neighbarhood Distri¢ts, the showroom or sales area shall be locatad at tlse front of the building and designed in a manner consistent with traditional storefront bxildings, and total floor azea sha11 not exceed 10,000 square feet. Division 4. 65.600. Food and Beverages �- , 5534 Sec. 65.610. Brew on premises store. �? "-� � � 5535 A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. 5536 Standards and conditions: 5537 (a) Intoxicating liquor may not be sold or otherwise provided to customers of a brew on premises store, unless the 5538 owner of the brew on premises store holds the appropriate liquor license. 5539 (b) Customersusingthebrewonpremisesstoremustbeofminimumagetopurchaseintoxicatingliquor. Intoxicating 5540 malt liquor brewed by a customer may not be sold and must be used by the customer for personal or family use. 5541 Sec. 65.611. Coffee kiosk. 5542 A retail food business in a freestanding building that sells coffee, or other beverages, and premade bakery goods from 5543 a drive-through window to customers seated in their automobiles for consumprion off of the premises and that provides 5544 no indoor or outdoor searing. 5545 Standards and conditions: 5546 See Sec. 65.710. Drive-through sales and services, primary and accessory. 5547 Sec. 65.612. CofFee shop, tea house. 5548 An establishmentengagedgrincipally inthe sale of coffee, tea, and other nonalcohalic beverages for consumption on the 5549 premises or far carryout, which may also include the sale of a limited number of food items as allowed under a Restaurant 5550 C licence.. 5551 Szandards and conditzons in the TN7.Traditional Neighborhood and BlBusiness Distr^icts.• 5552 A conditional use permit is xequired for a coffee shop or tea house of more than $00 square feet in gross floor area 5553 or £or.an accessoiry cabaret. Ih�iye�fhtough uses (prima ,ry and accesso .ry) are�prohibited. 5554 Standards a�d conditions in T1V2-TaV3 �Trzzdizional�Neighbarhood Dlstr^ieta: 5555 See Sec. 65.613 Resfaurant. 5556 Sec.65.613. Restaurant. 5557 A public eafing place which serves a substantial portion of its food for consumption at tables or counters located on the 5558 premises. This term shall include, but not be limited to, an establishment lrnown as a cafe, smorgasbord, diner or similar 5559 business. Any facilities for carry-out shall be cleazly subordinate to the principal use ofproviding foods for consumpfion 5560 on the premises. 5561 5562 5563 5564 5565 Standm^ds and conditions: In TN2-TN3:Traditiona�Nzigkborhood Distriots, these uses.are intended to be af amoderate size eompatibleayith neighbQrhood-level tetail, andac6nditianal use:permit isxequiredfor establis�ments of more than 10 A00 sq¢arE feet in gross floor area. Drive-througlt uses (primary or aceessory) aze not allowed in TN2-TN3 Traditit>nal Neighborhood Districts unless specificatiy permitterl by a condifionaf use peYmit. 5566 Sec. 65.614. Restaurant, carry-out, deli. 5567 A retail food service business, including delis, which sells ready-to-eat foods, usually in bulk quantities, primarily for 5568 consumption off the premises. A carry-out restaurant that has more than limited seating (twelve (12) or fewex seats), or 5569 seventy-five (75) square feet of patron area, shall be deemed to be a restaurant for zoning purposes. 5570 Standards and conditions: 5571 See Sec. 65.613. Restaurant. 5572 Sec. 65.615. Restaurant, fast-food. 5573 A public eating place, other than a carry-out restaurant, designed for rapid food delivery to customers seated in their 5574 automobiles or from a counter or drive-through window, with minimal personal service and for consumption on or off 5575 the premises. All restaurants with drive-through service are considered fast-food restaurants. 5576 Any restaurant whose design or principal method of operation includes four (4) or more of the following characterisrics 5577 shall be deemed a fast-food restaurant for zoning purposes: 5578 (1) Forty-five (45) percent or more of the floor area is devoted to food preparation, employee work space and customer 5579 service area; 5580 (2) A permanent menu board is provided from which to select and order food; 5581 (3) If a chain or franchised restaurant, standardized floor plans are used over several locations; 5582 (4) Customers pay for food before consuming it; 5583 (5) A self-service condiment bar is provided; 5584 (6) Trash receptacles are provided for self-service bussing; 5585 (7) Fumishing plan indicates hard-finished, starionary seating arrangements; and 5586 (8) Most main course food items aze prepackaged rather than made to order. 5587 Standards and conditions (except in in the B4-BS Business Districts): . ' ? � � �3 5588 (a) Except in Il-I2 Industrial Districts, a conditional use perxnit is required for establishxnents of more than 10,000 5589 squaze feet in gross floor area, and for any establishment with drive-through service. In TN2-TN3 Traditional 5590 Neighborhood Districfs, these uses are intendedto be of amoderate size compatible with neighborhood-level retail. 5591 (b) Inthe B2 CommunityBusiness District, fast-foodrestaurants shall be incoiporated within a multi-useretail center, 5592 and shall not provide drive-through service. 5593 (c) Drive through service shall meet the standards and conditians in Sec. 65.513. Driv�-through sales and services, 5594 prdmary and accessory. 5595 (d)a Points of vehicular ingress and egress shall not be onto a street which is used primarily for access to abutting 5596 residential property. 5597 (e)� Points of vehicular ingress and egress sha11 be located at least sixty (60) feet from the intersection of any two (2) 5598 streets and at least sixty (60) feet from any abutting residentially zoned property. 5599 ( fle When the site abuts an alley which also serves residentially zoned land, no access from the site to the alley shall 5600 be permitted. 5601 . 5602 (g) Trash receptacles shall be housed in a three-sided masonry enclosure, six (6) feet high, or equal in height to the 5603 dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material. 5604 (h) Ahttercollectionplanshallbedevelopedandsubmittedtotheplanningcommission,whichobligatestherestaurant 5605 operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance. 5606 - , 5607 .[This is covered in item (b).] 5608 (hi) A landscaped area not less than fifteen (15) percent of the impervious surface area of the lot shall be provided and 5609 maintained. 5610 (ji) Impact on adjoining property by use of the site may not result in the following: 5611 5612 5613 5614 (1) �Z) (3) (4) Loud, boisterous and disturbing noise levels. Hazardous traffic conditions. Offensroe, obnoxious and disturbing odors. Excessive htter. 5615 (5) Excessive artificial lighting. 5616 (� Substantial decrease in adjoining property values. 5617 Sec. 65.616. Restaurant, outdoor. 5618 Development standard: 5619 The use shall be accessory to an indoor restaurant or a farmers' mazket. 5620 Division 5. 65.640. Commercial Recreation, Entertainment and Lodging 5621 5622 Sec. 65.641. Bed and breakfast residence. _'�- , � ��� 5623 A dwelling unit, located within a one- or two-family dwelling, in which faur{#}�arfewer guest rooms are rented on a 5624 nightly basis for periods of less than a week and where at least one meal is offered in connecrion with the provision of 5625 sleeping accommodarions only. 5626 Standards and conditions in Residential and BC Community Business (Converted) Districts: 5627 (a) In Residential Districts, a conditional use permit is requued for bed and breal�ast residences with two (2) or more 5628 guest rooms, and for any bed and breakfast residence located in a two-family dwelling. In RL-R4 Residential 5629 Districts, a bed and breakfast residence may contain no more than one (1) guest room. 5630 . - 5631 (b)a The bed and breakfast residence may be established in a one-family detached dwelling ar a two-family dwelling, 5632 located within a single main building. 5633 . 5634 . > > 5635 5636 (c)� The guest rooms shall be contained within the principal siructure. 5637 (d)e There shall be no more than one (1) person employed by the bed and breakfast residence who is not a resident of 5638 the dwelling. 5639 (e)f Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and 5640 registered guests. 5641 ( flg 5642 (g)b 5643 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654 5655 No additional exterior enh�ances shall be added to the structure solely for the putpose of serving guest roams. The zoning lot mccst shall meet the minimum lot size for the singleone-family dwellings or two-fami�y=dw€�ting in the district in which it is located, and �e-zeningiat shall have a minimum size according to the following combination of dwelling units and guest rooms: � ,�.��� ,.,s...� mar.�nnv���hawm� Dwellings Units 1 1 1 Guest Rooms 2 3 4 : ;. � 2 2 2 �1�� � 1 2 3 Minimum Lot Size 6,000 7,000 8,000 1\`������� � � 1/1 111 : 11 '-` ' ' 5 (h)b One-family accacnca dwellings may contain no more than four (4) guest rooms. �Two-family dwellings - 5657 � 5658 bnx}dirr� may contain no 5659 more than three (3) guest 5660 rooms. 5661 (i)e No bed and breakfast residence containing two (2) through four (4) guest rooms shall be located closer than one 5662 thousand (1,000} feet to an existing bed and breakfast residence containing two (2) through four (4) guest rooms, 5663 measured in a straight line from the zoning lot of an exisring bed and breakfast residence. 5664 . . . . 5665 . i.� i ° �� i�,; �. � ... - . .. . - , . .. : . . : . . . ::: . . .. � � • �R\1�1�11����l��lN�l��lTT1U�YI�l9�t19���1�A1�l�lll�t�ll1�L�1�:iV�1�l�%IR�ITT�I�l�iS�llR�l!��1R��4\1�1�1�1�1�l�AlR� 5669 , > 5670 , , , 5671 " , . 5672 Sec. 65,642. Dance hall; publie. 5673 Any room, place or space open to the general public �e in which is carried on dancing wherein the public may 5674 participate, whether or not a charge for admission for dancing is made. (See Sec. 65.644. Indoor recreation.) 5675 Sec. 65.643. Health/sport club. 5676 A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time acrivities or 5677 other customary and usual recrearional acriviries, operated for profit or not-for-profit and which can be open only to bona 5678 fide members and guests of the organization or open to the public for a fee. 5679 Sec. 65.644. Indoar recreation. 5680 Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, 5681 elecironic game room, indoor skating rink, and similar forms of indoor commercial recreation. 5682 Development standard: 5683 (a) Thebuildinginwhichtbeusezslocatedshallbe 5684 of any residential lot in a arrxdjReent residential district 5685 . 5686 Addztional stanc�ds and conditions in TN2-T1V3 Traditionkl Neigh3orhood Districts: 5687 (b) Primaxy access shall be from an arterial ar collector street. 5688 (c) Floor area shall not e�eed 44,000 square feet. 5689 Sec. 65.645. Outdoor (drive-in) theater. 5690 Standards and conditions: 5691 (a) The proposed internal design shall receive approval from the city engineer as to the adequacy of drainage, lighting 5692 and other technical aspects. 5693 (b) Outdoor theaters shall abut directly upon a major thoroughfare, with Hieir and egress available 5694 only from said major thoroughfare. 5695 (c) , There shall be praeided�er off-street vvaiting stacking space 5696 for no less than fifty (50) automobiles waiting to enter the faciiity. 5697 (d) The area shal] be ]aid out so as to prevent the mov�e screen from being viewed from residential areas or adjacent 5698 majorthoroughfares. 5699 Sec.65.646. Steam room/bathhousefacility. 5700 A building or portion of a building used for providing a steambath or heatbathing room used for the purpose ofpleasure, 5701 bathing, relasation or reducmg, utilizing steam or hot air as a cleaning, relaxing or reducing agent. 5702 Sec. 65.647. Theater, assembly°hall: 5703 Deveiopment standard: 5704 In Traditional Neighbarhoad Districts, total searing capacit� shall not exceed one-thousand (1000), and tkte:facility 5705 shall not be divided into more than three (3) separate fheater/auditorium areas. 5706 5707 Division 6. 65.660. Adult Entertainment 5708 5709 Sec. 65.661. Adult use. 5710 5711 5712 5713 5714 5715 �5 � � ��� Adult uses include - , , , ,the uses defined below and other premises, enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depicrion or description of "specified sexual activiries" or "specified anatomical azeas" which are capable of being seen by members of the public. No obscene work shall be allowed. 5716 Sec 65.662. Adult bookstore. 5717 5718 5719 5720 5721 5722 5723 A building or part of a building used for the barter, rental or sale of a significant portion of items consisting of (1) inshuments, devices, or paraphernalia which aze designed for use in connection with "specified sexual activities," or (2) printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or CD ROMs or another form of recording if such items are distinguished or chazacterized by an emphasis on the depiction or description of"specified sexual activities" or "specified anatomical areas." "Significant portion of items" shall meanmore than fifteen (15) percent of usable floor area or more than one hundred fifty (150) squaze feet of floor area used for the display and barter, rental or sales of such items. No obscene work shall be allowed. 5724 Standards and conditions: I���� 14�1�1�IAt�Li�'� � i\�����I��1�1�1iw14�11�A1��l���lIR�11�4��11�1�11�1�1�1YI���t�3U�����111�1�wT 5726 (a): In B3 Business and Il-I2 Industrial Disiricts the adult bookstore shall be located at least two thousand six hundred 5727 forty (2,640) rxdix} feet from any other adult use in any municipality, and in B4-BS Business Districts tlte adult 5728 bookstore shall be located at least one thousand three hundred twenty (1,320) feet from any other adult use in any 5729 municipality, measured in a straight line from the closest points of the property lines of the buildings in which the 5730 adult uses are located. 5731 (b). In B3 Bpsiness andll I2IqdusfrialDistricts the adult bookstore shall be located at least eight hundred (80Q�dia� 5732 feetfromanyresidenriallyzonedpropertyinanymunicipaliTy,andinB4-B5Bus�nessDistriofstlieadultbooksfore 5733 shall be'located at�l�ast fuur huntiii�ed �(400) feet�from anq rasidenfial propart�'in any rnunicipali�y, measured in a 5734 straight line from the closest point of the property line of the building in which the adult bookstore is located to 5735 the closest residentially zoned properry line. 5736 (cr In B3-Busin�ss and I1-I2 hidustrial:Distt-icts the adult bookstore shall be located at least four hundred (40� 5737 feet from any protecYed 'use. In:B4-S5 Birsiness:IJistricts the. adult bookstare: shall be tooated a� least two huttPtied 5738 (2-00) feat fromany grotecteduse� "Frotected use;" shall:l�e defined as- a building in which a majority of floor 5739 space is used for residential purposes; a day care center, where such day caze center is a principal use; a house of 5740 worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public 5741 regionalparkorparkway,publicpark,publicrecreationcenterorpublicspecializedrecreationfacilityasidenrified 5742 in the parks and recreation element of the Saint Paul Comprehensive Plan; a fire station; a communityresidential 5743 facility; a mission or a hotel/motel. The distance shall be measured in a straight line from the closest point of the 5744 properiy line of the building in which the adult bookstore is located to the closest point of the property line of the 5745 building in which is located an aforementioned protected use. 5746 (d).- 5747 5748 5749 5750 5751 5752 5753 5754 5755 5756 Conditions (b): and/or (c)- may be waived by the planning commission if the person applying for the waiver sha�} files with the planning administrator a consent petition which indicates approval of the proposed adult bookstore by ninety (90) percent of the property owners within eight hundred (800) mdta� feet of the lot on which the use would be located if the lat is in a B3 Business or I l-I2 Industr3al Dlsfriot, oz within fow hundted (460) feet of the lot on which the use wouldbe. located if the lot is in a B4-B5 �Businass Distcict. ; The planning commission,—irc eansidernig may grant such a waive , upon findingsr that the proposed use will not be contrary to the public interest or injurious to nearby properties, ar�fiha�the spirit and intent of this secrion will be observed; that the proposed use will not enlazge or encourage the development of a"skidrow" area; that the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; andthat all applicable regulations ofthis section will be obseroed. 5757 (er All signs shall comply with Chapter 6 46 of the zoning code and with Chapters 274 and 275 of the Saint Paul 5758 Legislative Code. 5759 ( fl.- No person shall engage in any activity or conduct or permit any other person to engage in any activity or conduct 5760 in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of 5761 Minnesota, or the United States ofAmerica. Nothing in this section shall be conshued as authorizing or permitting 5762 conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or `°� 5 ��� 5763 ordinances prohibiring the e�ibirion, sale or distribution of obscene material generally or t�ie exhibition, sale or 5764 distribution of specified materials to minors. No obscene work shall be allowed. 5765 (g} The special condirion use permit for the adult bookstore shall be reviewed annually to ensure that no change in use 5766 occurs and that no addirional adult uses are added to the building contanung the adult bookstore. 5767 (hr The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be 5768 spaced at least two thousand six hundred forty (2,640) rxdix� feet apart in B3 Business and Il-I2lndustrial Districts, 5769 and at least one thousand three hundred twenty (1,320) feet apart in B4-BS Business Districts. 5770 (i} The adult bookstore shall not be located within a building also used for residenrial purposes. 5771 Sec. 65.663. Adult cabaret. 5772 A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of 5773 a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or 5774 characterized by an emphasis on the presentarion, display, depicrion or description of "specified sexual activiries" or 5775 "specified anatomical areas." No obscene work shall be allowed. 5776 Standards and conditions: 5777 (�9j Adult cabarets; shall be subject to the same standards and conditions listed above in suUseetia�r{9j section 65.662 5778 for adult bookstares, with the substitution of the phrase "adult cabaret" for the phrase "adult bookstore" wherever 5779 it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but 5780 must be spaced at least two thousand six hundred forry (2,640) radia� feet apart in B3 Business and Il-I2Industrial 5781 Districts, and at least one thousand fhree hundred twenty (1,320) feet apar6 iri B4 and BS Districts. 5782 Sec. 65.664. Adult conversation/rap parlor. 5783 A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or 5784 listening to conversation, talk or discussion, if such service is distinguished or characterizedby an emphasis on "specified 5785 sexual acrivities" or "specified anatomical areas." No obscene work shall be allowed. 5786 Standar^ds and conditions: 5787 (H-j 5788 5789 5790 5791 5792 Adult conversation/rap parlors; shall be subject to the same standards and conditions listed above in snbseefian-E9j section 65.662 for adult bookstores, with the substitution of the phrase "adult conversation/rap parlor" for the phrase "adult bookstore" wherever it appears. The adult convexsarion/rap parlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced af least two thousand six hundred forty (2,640) rxdi� feet apart in $3`Business anfl Tl-T2�Indi�sfrialDisfriaY's, arid'�at'feasf one tYiousait3 fhree �iiurdFeil� twenty.(1,320) feet agai inB�l-BS'Bnsixi�ssDT'stcicts. 5793 Sec. 65.665. Adult health/sport club. 5794 A healtY�/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an 5795 emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed. 5796 Standards and conditions.� 5797 {�j 5798 5799 5800 5801 5802 Adult health/sports clubs; sha�l be subject to the same stand�ads and condirions listed above in � section 65.662 for adult bookstares, with the substitution of the phrase "adult healtY�/sports club" for the phrase "adult bookstore" wherever it appeazs. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred forry (2,640) r�ia� feet apart inB3 Busines and Il-I2Indusfrial Districts, and at least one thousand three hundred twenty (1,320):feet apart in B4-BS Business `Disti 5803 Sec. 65.666. Adult massage parlor. 5804 A massage parlor which resh minors by reason of age, or which provides the service of "massage," if such service 5805 is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No 5806 obscene work shall be allowed. 5807 Standards and conditions: 5808 {�3j Adult massage parlors; shall be subject to the same standards and conditions listed above in sttbseetian-(�j saction 5809 65.662 for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult 5810 bookstore" wherever it appears. The adult massage pazlor is considered to be one (1) use. No two (2) adult uses 5811 can be in the same building but must be spaced at least two thousand six hundred forty (2,640) radia� feet apart in ,. ,��� � ��� 5812 B3 Business and Il-I2Industrial Districts, and at least one thousand three hundred twenty (1,320) feet apart m B4- 5813 BS Business Districts. 5814 Sec. 65.667. Adult mini-motion picture theater. 5815 A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such 5816 building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is 5817 distinguishedorcharacterizedbyanemphasisonthedepicrionordescriprionof"specifiedsexualactivities"or"specified 5818 anatomical areas" for observarion by pairons therein. No obscene work shall be allowed. 5819 Standcn-ds and conditions: 5820 �t#j 5821 5822 5823 5824 5825 Adultmini-motionpicture theaters; shall be subject to the same standards and condirions listed above in: _�n. �9j section 65.662 for adult bookstores, with the subsritution of the phrase "adult mini-morion picture theater° for the phrase "adult bookstore" wherever it appeazs. The adult mini-morionpicture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand suc hundred forry (2,640) radia� feet apart in B3 Business and Il-I2 Industrial Districts, and at least one thousand three hundred twenty (1,320) feet apart in B4-BS Business Districts. 5826 Sec. 65.668. Adult motion picture theater. 5827 A building or portion of a building with a capacity of fifiy (50) or more persons used for presenring material if such 5828 building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is 5829 distinguishedorcharacterizedbyanemphasisonthedepicrionordescriprionof"specifiedsexualactivities"or"specified 5830 anatomical areas" for observation by patrons therein. No obscene work shall be allowed. 5831 Standards and conditions: 5832 5833 5834 5835 5836 5837 (�rAdult motion picture theaters; sfi�116e subject to the same stan&ards and conditions listed above in subseetiaix{9j section 65.66� for adult bookstores, with the substituhon ofthe phrase "adult motionpichse theater" far the phrase "adult bookstore" wherever it appears. The adult motion picture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at-least two thousand six hundred foriy (2,640) rxdia� feet apart in B3 Business and I l-I� Industrial Bistricts and�atle�st one thousancl fhree.l�unzh (1,330j feet apart inB4-BS Business15isfricts. 5838 Sec. 65.669. Adult steam room/bathhouse facility. 5839 A building ar portion of a building used far providing a steam bath or heat bathing room used for the purpose of pleasure, 5840 bathing, relasation, or reducing, ufilizing steam or hot air as a cleaning, relaYing or reducing agent, if such building or 5841 portion of a building resh minors by reason of age or if the service provided by the steam room/bathhouse facility is 5842 distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No 5843 obscene work shall be allowed. 5844 Standards and conditions: 5845 5846 5847 5848 5849 5850 (-�6j Adult steam roomlbathhouse facilities; skall be subject to the same standuds and conditions listed above in sabseettan- f 9j section 65:6b2 for adult bookstores, with the substitution of the phrase "adult steam room/bathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam room/bathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred forry (2,640) radia� feet apart in B3 Busuiess.and Il-I2Indusfrial Districts, and at leastone thousand thiee hundi�ed tcrenty (1,320) feef apart in B4-BS Business Distriots. 5851 Sec. 65.670. Adult use; general: 5852 A pramisas, enterprise, businrss orglace, not specifically defined above, open to seme or all members of the gnblie at 5853 or wlfiich there is an emphasis�an tha�presentatian; display;�depietion or des�rigtion��of "speeified sexnal activfliea"�or� 5854 "specified anatomical areas" which are capable of being seen by'members of the public. No obscene work shall be 5855 allowed. 5856 StandaNds and condirions: 5857 (�j General 6t�her adult uses; shall be subject to the same standards and conditions listed above in sc�rseetian-f9j 5858 section 65.662 for adult bookstores, with the substitution of the phrase " general ather adult use" for the phrase 5859 "adult bookstore" wherever it appears. The general aEker adult use is considered to be one (1) use. No two (2) 5860 adult uses can be in the same building but must be spaced at least two thousand six hundred forry (2,640) rxdix� �. - :.: , .. . . . ��.: ... .. . �„ �.: :.. , .,: .�.� ..: .. ..�.•.: :.�. �:�.., .� � . .. -:� .� :.: - .� : . . .:. , .. - . ..:�. . � ... . .� - �. � . .� . . , .. ., .. . .: .� .. . . �: :..� - � . 6077 6078 6079 Sec. 65.701. Auto body shop. Division 7. 65.700. Automobile Services 6080 A shop in the business of making substantial repairs to the shell or body of any automobile, and of major or substanrial 6081 painting of the shell or body, and where the following services may also be carried out: general auto repair; engine 6082 rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening 6083 and repair; overall painting and undercoating. 6084 Sec. 65.702. Auto convenience market. 6085 A place where gasoline, motor oil, lubricants, or other minor accessories aze retailed directly to the public on the premises 6086 in combination with the retailing of items typically found in a convenience mazket or supennarket. 6087 Standards and conditions: 6088 (a) The use is subject to standazds and condirions (a), (b), (d), (e), and (f) in Sec. 65.703. Auto service station. 6089 (b) The zoning lot on which it is located shall be at least twelve thousand (12,000) square feet in area. 6090 Sec. 65.703. Auto service station. 6091 A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, 6092 lubricants, grease (for operation ofmotor vehicles), or minor accessories are retailed directly to the public on the premises 6093 andlor where the servicing or minor repair of automobiles may occur. 6094 Standards and conditions.• 6095 (a) The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities cis�ed-iii 6096 shall be in accordance with current city specifications. 6097 Such specifications shall be developed by the eityplanning �ar adrninistrator, traffic engineer and city fire 6098 marshal, and shall be approved by the planning commission, and filed with the city clerk. 6099 (b) A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line 6100 adjoining an existing residence or residentially zoned property cxse. 6101 (c) The minimum lot area shall be fifteen thousand (15,000) squaze feet, and so arranged that ample space is available 6102 for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of 6103 gasoline, oil and minor accessories and having no faciliries for incidental servicing of automobiles (including 6104 lubricating facilities) may be permitted on a lot of twelve thousand (12,000) square 6105 feet, subject to all other provisions herein required. 6106 Add�Lional stcandards and cortditions irt Traditional Neigh7rorhood Districzs: 6107 (d) All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking 6108 spaces in compliance witfi section 63301. 6109 (e) The principal building shall comply with the dimensional standards and design guideiines apglicable to Traditional 6110 Neighborhood Distriots, except that the maYimum setbaak requirement may be modified by tha planning 6ll 1 commission so that pump islands may be placed in front of tt�e building if this anangement is consideredprefetable 6112 for circulation, aesthefies or bnffering ofneighbaring usas. 6113 (fl There shall be no exterior storage or sales of goods or equipment, other than the dispensing ofmotor fuel. 6114 Sec. 65.704. Auto specialty store. l� � ' J. ��€.J 6115 A store in the business of repairing or servicing automobiles usually involving the installation of specific parts and the 6116 provisions of specific services, and where the retail sale of specific auto accessories to the public on the premises may 6117 occur. Retail sale of automobile fuel on the premises is not permitted. 6118 Standards and conditions: 6119 See Sec. 65.703. Auto ser-vice station. 6120 Sec. 65.705. Auto repair station. 6121 A place where the following services maybe carried out: general arxta repair of automobiles, trucks, motorcycles, boats, 6122 etc. ; engine rebuilding; and rebuilding or recondirioning of motor vehicles. The sale of engine fuels may or may not also 6123 be carried on. 6124 Standards and conditions: 6125 (a) The minimum lot area shall be fifteen thousand (15,000) square feet. 6126 (b) A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any property line 6127 adjoining an existing residence or adjoining land zoned residenrial. 6128 (c) All repair work shall be done within an enclosed building. 6129 (d) There shall be no outside storage. 6130 Sec. 65.706. Auto sales and rental, outdoor. 6131 Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or 6132 boats. 6133 Standards and conditions: 6134 (a) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained 6135 so as to dispose of all surface water accumulated within the area. 6136 (b) Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) 6137 streets. 6138 (c) No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. 6139 (d) The minimum lot area shall be fifteen thousand (15,000) square feet. A site plan shall be submitted showing the 6140 layout of the vehicles for sale or rent, employee parking, and customer pazking. 6141 (e) In the case of pawnbrokers, the businesses shall be separated from residentially zoned property byxpublie-streef 6142 er by a distance of one hundred fifty (150) feet measured from property line to properry line; provided, however, 6143 thatamodificahonmaybegrantedpursuanttosection61�.3500fromtheforegoingrequirementuponthefollowing 6144 conditions: 6145 (1) There is no ezcisting pawnshop with in five thousand two hundred eighty (5,280) feet of the proposed 6146 locafion, measured from the nearest building wall of the existing pawnshop to the nearest building wall of 6147 the proposed use, or if there is no building, to the nearest lot line of the proposed use. 6148 (2) Customer entrances shall not be oriented towazd residentially zoned properiy. Customer parking shall not 6149 be closer to residentially zoned property than the primary entrance. 6150 (3) The location of a pawnshop at this location will not be contrary to any adopted district plan or other city 6151 program for neighborhood conservation or improvement, either residential or nonresidential. 6152 (4) The proposed use meets all other requirements for speer�rt conditional use permits provided in secrion 6153 61#.3500. 6154 Sec. 65.707. �nta-lana�ri�s Car wash. 6155 Standards and conditions: 6156 (a) �mdries The car wash shall be completely enclosed when not in operarion. 6157 (b) Any access drive shall be located at least thirry (30) feet from any public street intersection, measured from the 6158 interior curb line commencing at the intersection of the street. 6159 (c) Any au4a car wash line exit shall be at least thirty (30) feet distant from any street line. 6160 6161 6162 Division 8. 65.730. Pazlting Faciliries ^ Y' ^ n ��,� - , _ �j G C:a 6163 Sec. 65.731. Parking facility, commercial. 6164 An off-street pazking facility, not accessory to any principal use, for which a fee is chazged for the privilege of parldng. 6165 Standards and conditions in the TN3 Traditional Neighborhood Development District: 6166 (a) The facility shall be in a mixed use area identified in the master plan for the district. 6167 (b) At least fifiy (50) percent of the length of any parking structure facade adjacent to a public street shall consist of 6168 retail, office or other similaz nonresidential uses. 6169 Sec. 65.732. Shared commercial parking in institutional lots. 6170 The use of existing paved parking lots of churches, colleges, universiries, schools and seminaries by permitted business 6171 uses in nearby business districts. 6172 Standards and conditions in Residential Districts: 6173 (a) Each business using such lot shall be located within five hundred (500) feet of the shared parking lot measured 6174 from the properry line of the business to the properry line of the parldng lot; except that the five-hundred-foot 6175 distance requirement may be waived if the principal use leases off-street parking for employees only, requires 6176 permitparkingfaremployeesusingsuchparkinglotorusessomeothersystemtoensurethatemployeesreallypark 6177 in the remote lot. 6178 (b) There shall be no outdoor �xc}�aesnetPennit storage on the parldng lot 6179 (c)b Application for a shared commercial parking permit on an insritutional lot must be accompanied by proof of the 6180 under urilization of the institutional lot during periods of peak business demand in a report showing: 6181 � (1) The off-street parking need of the institution during the peak demand periods of the business(es). 6182 � (2) The off-street parking need of the business(es) during peak demand periods. 6183 � (3) Extent of parking shortfall for the business(es) during peak demand penod(s). 6184 f (4) Thenumberandlocarionoftheparkingspacesintheinstitutionallotthatmaybeusedbybusiness(es)during 6185 peak demand periods. 6186 g. (5) The existence, if any, of prior commitments for use of the institutional lot by other businesses or other 6187 noninstitutional users. 6188 ir. (6) The shared parking lease arrangement is not an attempt to avoid liability for property talces. 6189 (d� If the shared parking is required by the Zoning Code, each business use shall provide proof of at least a ten-year 6190 lease agreement with the institution for the shared parking arrangement. If the shared parking is not required, each 6191 business shall provide proof of at least a two-year lease agreement. Each lease will be reviewed annually. 6192 (e)J The lease agreementmust delineate the number of spaces and the specific hours of operarion of the parking lot for 6193 each day of the week that the lot is to be used by the business. The business lessee must indieate in the lease 6194 agreement that it recognizes its responsibility for property taxes imposed under Minnesota Statutes, Secfion 272.01, 6195 subdivisions 2(a) and 2(c). 6196 ( fl� The zoning application must include the submittal of a site plan drawn to scale showing the layout of the parking 6197 lot, all access and egress locarions, and the surrounding buildings witlun one hundred (100) feet of the lot. 6198 (g) } Only passenger vehicles will be allowed in shared parking spaces in institutional lots. 6199 Secs. 65.733 - 65.739. Reserved. 6200 Sec. 65.740. State fair parking. 6201 An off-sh parking operation on private residential properry for which a fee is charged for the privilege of parking 6202 during the annual Minnesota State Fair. 6203 6204 Division 9. 65.750. Transportafion 6205 6206 Sec.65.751. Airport. �_;����� 6207 An area where fixed-wing aircrafr can take off and land, equipped with hard-surfaced landing strips, hangers, facilities 6208 for refueling and repair, a control tower, and accommodarions for cargo and passengers, and which is owned and operated 6209 by a unit of govemment. '� 6210 Sec.65.752. Heliport. 6211 An azea designed to be used for the landing or takeoff of helicopters including operations faciliries, such as maintenance, 6212 loading and unloading, storage, fueling or terminal facilities. 6213 Standards and conditions: 6214 (a) The heliport shall be located at an airport. 6215 (b)a The heliport �he�istap shall be located at least one thousand (1,000) radial feet from any residentially used or 6216 zoned property, measured in a straight line from the closest point of the takeoff and landing area to the property 6217 lme of the closest residenrially used or zoned property. � The application shall includ� site plan of the proposed 6218 facility and an area map showing the distance between the proposed take-off and landing area and the nearest 6219 residenrial property 6220 (c)b The applicant shall perform a noise analysis to determine whether upon establishment of the heliport �r-hefistap 6221 the Noise Pollution Control Rules, Chapter 7010, of the Minnesota Pollution Control Agency, would immediately 6222 be violated. If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the 6223 potential violation before the heliport erhefist�p is established. 6224 (d)e The heliport er-lre�istap shall be constructed, operated and maintained in accordance with the rules and regulations 6225 of the Federal Aviation Administration (FAA) and State of Minnesota. 6226 Sec.65.753. Helistop. 6227 An area designed to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, 6228 and other facilities as may be required by federal and state regulations, but not including operarion faciliries such as 6229 maintenance, storage, fueling or terminal facilities. 6230 Standards and conditions: 6231 (a) In Business Districts and the IIt River Corridor Industrial District, the helistop shall be far emergency medical 6232 services and accessory to a hospital, require prior permission of the owner or operator to land, and not be open to 6233 the general public. 6234 (b) a The helistop shall be located at least two hundred fifiy (250) radial feet from any residentially used or zoned 6235 property, measured in a straight line from the closest point of the takeoff and landing area to the closest property 6236 line of the residentially used or zoned property. � Th8-applieatiion s3iaii incliide a site plan of the proposed facility 6237 and an area map showing the distance between the proposed takeoff and landing area and the nearest residential 6238 properiy 6239 (c) }� The applicant shall perform a noise analysis to determine whether upon establishment of the helistop the Noise 6240 PollutionControlRules,Chapter7010,oftheMinnesotaPollutionControlAgencywouldimmediatelybeviolated. 6241 If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the potential 6242 violation before the helistop is established. 6243 (d) e The helistop shall be constructed, operated and maintained in accordance with the rules and regulations of the 6244 Federal Aviation Administration (FAA) and State of Minnesota. 6245 Secs. 65.754 - 65.759. Reserved. 6246 Sec. 65.760. Intermodal freight yard. 6247 A site ar location where large units of freight, including containerized freight and semitrailers, are lransferred between 6248 different transportation modes (such as from railroad cazs to semihucks or from barges to railroad cars) using heavy 6249 and/or specialized equipment (such as piggy-packers or gantry cranes). 6250 Standards and conditions: 6251 (a) Intermodal freight yards shall be sited in a manner which prevents unreasonable disturbance to nearby residential 6252 properties from the adverse effects of heavy traffic, noise, dust, vibrarion and excessive lighting. �� � � � � R 6253 (b) The operational area of an intermodal freightyard shall be at least one thousand (1,000) feet fromproperty zoned 6254 for, or occupied by, residenrial uses within the City of Saint Paul measured at the point of shortest distance 6255 separating the operarional area from the residentially zoned or used property. 6256 (c) Adequate landscaping and sound barriers where deemed necessary to provide mitigarion of increased noise and 6257 to provide a reasonable visual barrier between the site and adjoining properties shall be installed and maintained 6258 on the site and adjacent to roadways accessing the site. 6259 (d) Facilities shall be sited in a manner that allows primary access to the site via roads designed for use by heavy trucks 6260 or are designated as "haul roads" or "truck routes." 6261 Sec. 65.761. �rnel�aa� Motor Freight terminals. 6262 A faciliry with more than one (1) dock per five thousand (5,000) square feet of warehouse, storage, or related use and 6263 used for either (1) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically 6264 handling freight for shipment or (2) any other location at which freight is exchanged by motor carriers between vehicles. 6265 This includes but is not limited to cross-dock operarions and does not include a package delivery service. Excludes 6266 buildings with six (6) or fewer loading docks. 6267 (a) Noise impacts shall be mitigated to prevent excessive impact on residential lots within 300 feet. This may include 6268 using the building as a sound barrierbetween truck docks andresidences by aligning the structure close to lot lines. 6269 (b) Tnxck access to the property shall be directly onto a designated huck route. 6270 Sec. 65.762. Railroad right-of-way. 6271 Development standard: 6272 In Residential, Traditional Neighborhood, and OS-B3 Business Districts, there shall be no terminal freight 6273 facilities, transfer or storage tracks. 6274 6275 Division 10. 65.770. Limited Production, Processing and Storage 6276 6277 Sec.65.771. Agriculture. 6278 Standards and conditions: 6279 (a) Agricultureshallbelocatedonparcelsoflandseparatelyownedoutsidetheboundariesofaproprietaryorauditor's 6280 subdivision, having an azea of not less than five (5) acres. 6281 (b) All uses shall be subject to Yhe health and sanitation provisions of the City of Saint Paul. 6282 (c) No odor- or dust-producing substance or use shall be permitted within one hundred (100) feet of any residential 6283 property line. 6284 (d) Principal access shall be provided to a major thoroughfare. 6285 Sec. 65.772. Finishing shop. 6286 Anybusinesswhichinvolvesspraypaintingortheapplicationofcombustiblematerials,includingfurniturefinishingand 6287 cabinetmaking but not including auto body shops. 6288 Condition: 6289 Finishing shops shall not be within a shucture that is also used for residential purposes. 6290 Sec. 65.773. Limited producfion and processing. 6291 Thesenses produee minimal off-site impacts 8ue to.their limited nature and scale, aze compatible with o�ce,sataii and 6292 service uses, and may include wholesale and off-premises salas. Limited production and processing inaludes, but is not 6293 limited to, the following: 6294 (1) appazel and other finished products made from fabrics 6295 (2) blueprinting 6296 (3) computers and accessaries, ancluding.ciccuit boazds and� softwaze 6297 (4) electronic components, assemblies,.and aoaessories 6298 (5) film, video and audio production � .�. R ` � V 6299 (6) food and beverage products, except no live slaughter, grain milling cereal, vegetable oil or vinegar processing 6300 (7) jewelry, watches and clocks 6301 (8) milk, ice cream, and confecrions 6302 (9) musical instruments 6303 (10) novelty items, pens, pencils, and buttons 6304 (11) precision dental, medicaland optical goods 6305 (12) signs, including electric and neon signs and advertising displays 6306 (13) toys 6307 (14) wood crafting and carving 6308 (15) wood furniture and upholstery 6309 Standards and conditions: 6310 (a) In Traditional Neighborhood Development Districts, a conditional use permit is required for such uses with more 6311 thanfive-thousand(5000)squarefeetofgrossfloorarea,andtotalfloorareashallnotexceedten-thousand(10,000) 6312 square feet. 6313 (b) All suchuses are intended.to be compatlble with adjacent commercial andservice uses. Odors, noise, vibration, 6314 glare and other potential side effects of manufacturing processes shall.not be discernable beyond theproperty line. 6315 5ec. 65.774. Malt liquor manufacturing. 6316 Standards and conditions in B3-BS Business Districts. 6317 (a) The manufacturing shall be rs conducted in conjunction with a brew on premises store ., - 6318 �istriet; 6319 (b) Fewer than two thousand (2,000) barrels of malt liquor are shall be manufactured in a year;. 6320 (c) The malt liquor shall not be sold at retail to customers on the srte where manufacturec�. a� 6321 (d) The mak liquor shall not be served to customers on the site where manufactured. 6322 Sec. 65.775. Plastic products. 6323 Manufacturing of plastic products includes tableware, records, buttons and similar products. 6324 Sec. 65.776. Printing an8 priblishing. 6325 Standards and conditions: 6326 In Traditional Neighb�rhflod Develapm� and B2 Business Districts, a comzliLional use permit is required far such 6327 uses with mqce than five-thousand.(5000) squaie feet of gcosfloararea, and�totadfloor ar�a�shall notesc�edtan- 6328 thousand(10,000)squarefeet. 6329 Sec. 65.777. Recycling collection center. 6330 A recycling collection facility irr-a-bu$dnig for the acceptance by donarion, redemption or purchase of recyclable 6331 materials. Such a facility may allow limited compacring or crushing of recyclable materials. 6332 6333 6334 6335 6336 6337 6338 6339 6340 Standards and conditions: (a) The facilily shall �aes not abut a property zoned for residential use;. (b) In the B3 Business D.istrict, all handling operations, equipment and materials, including trailers, shall be completely enclosed in a buildingnot exceeding five thousand (5,000) square feet, except for drop- off stations not occupying more than five hundred (500) square feet of the site;. (c) In industrial districts, all processing and handling operations shal] be conducted within a complately enalosed building. Outdoor starage of materials shall be within covered containers or behind an opaque screen meering the requirements of section 62.107 on three (3) sides. Such outdoor screening shall be located at least three hundred (300) feet from any residentiai district. 6341 (de) The facility shall be free of litter and any other undesirable materials and cleaned o£ loose debris on a dailybasis.; 6342 ar� _� j, , ,j � � n F`j 6343 (ed) The facility shall be screened pursuant to secfion 63�1149� if it is located within one hundred fifiy (150) feet of 6344 a residenrial use district. 6345 Sec. 65.778. Recycling drop-off station. 6346 6347 6348 6349 6350 6351 A facility consisring of reverse vending machines or unattended weather-resistant containers that are provided for the collection of recyclable materials. Any such recyclable material collected shall be of a size permitting it to be placed completely inside an enclosed reverse vending machine, weather-resistant container or trailer so that such materials aze not exposed to the elements. Such a facility may be established in conjunction with and accessory to an exisring commercial or industdal use. The term "recycling drop-off station" shall not include temporary mobile collecrion containers. 6352 Standards and conditions: 6353 (a) The facility shall not occupy an area more than two hundred (200) square feet and shall not interfere with pazldng 6354 and maneuvering requirements of the principal use. 6355 (b) The facility shall be screened pursuant to section 63�.11493 if it abuts a residenrial use or district. 6356 (c) The facility shall be set back at least ten (10) feet from any properiy line and shall not obshuct pedeshian or 6357 vehicular circularion.;� 6358 (d) The facility shall be maintained free of litter and other undesirable materials. 6359 Sec. 65.779. Warehousing and storage. 6360 Standards and conditions in the BS Central Business-Service District: 6361 All material must be completely enclosed within a building. Steel warehousing, storage of bulk petroleum or 6362 related products, and gazbage, rubbish or junk are not permitted. 6363 Sec. 65.780. Wholesale establishment. 6364 A firm involved in the storage, movement or sale of goods for themselves or other firms, usually to retailers for resale 6365 to consumers, in relatively lazge quantities and usually at lower prices than at retail. 6366 6367 6368 6369 6370 6371 6372 ARTICLE VI. 65.800. INDUSTRIAL USES 6373 Sec: 65:810. Light manufactariztg: 6374 Lightmanufacturing includes, but is limited tq.tl�e.followang: 6375 6376 6377 6378 6379 6380 Standards and conditions: In the B3 General Business District, wholesale establishments sha11 have less than fifteen thousand (15,000) square feet of gross floor area, and shall have no outside storage. In the B4 Central Business District, storage is restricted to samples. (a) f 5}the Manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork, electronic componenfs feathers, felt, fibre, fur, glass, hair, hom, leather, nonferrous metals, paper, plastic, precious or semiprecious metals or stones, ru6ber (excludingrub6�r ox sqnthefic processing, tires.and.inner tubes ), steel, sheet metal , shell, textiles and fabrics, tobacco, wax, wire, wood (excluding saw and planing mills) and yarns 6381 (b) 6382 6383 6384 {�j-t�he Manufacture or assembly of aptomobiles, boafs less.than one:bundced (100) feetin-len�th and electrical appliancesand equiptnent, , . .�,���,,..�f�.� lNJ r•na�r.ineoi.r.�se�i • vaeuee�a:r•�aii�tinb�e�e'a�ww�wi nwiu:�:,�niwrs��nunatwww rzvuiiu�w+a �m�Y �rr.n�a .. . n.� 6385 (c) Bottfing, all beverages 6386 (d) Manufacture,assembly,compounding,processing,packaging 6387 ar treahnent of such products as, but not limited to: , ', hardware and cutlery, nonY¢xic 6388 chemicals, pharmaceuhcals, and food products (excluding slaughtering of animals and prepazation of ineat for 6389 packing, sugar refining, oils, and grain, feed or flour milling, processing or storage) , , 6390 , , " , , a =- .� • � 6391 (e) (6}tke Manufacture of glass and glass products, ceramics, china, pottery and figm�ines-or othei si�miiar ceramic 6392 products using only previously pulverized clay, and kilns fired only by electricity or gas 6393 > , , , 6394 prodnets 6395 (� Metal working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing, cleaning 6396 and heat treating. 6397 Sec. 65.811. General industrial. 6398 General industrial uses include higher impact and outdoor uses which are likely to have greater off-site impacts and which 6399 require special measures and careful site selection to ensure compatibility with the surrounding area. General industrial 6400 uses often include processing of raw materials and production of primary materials. General industrial uses include, but 6401 are not limited to, the following: 6402 (a) �qProduction, processing, cleaning, servicing, testing, repair or storage of materials or products which shall 6403 notbeinjuriousoroffensivetooccupantsofadjacentpremisesbyreasonoftheemissionofnoise,vibration,smoke, 6404 dust or particulate matter, toxic and noxious materials, odors, glaze or heat, except those uses specifically first 6405 allowed as prineipa� permitted uses perniiffed in the I=3 Restricted Industrial Districtc 6406 (b) ( and processing facilities for building materials including, but not limited to, asphalt, brick, cement, 6407 concrete, sari$ gravel, sand, stone, tile and wood �er. ] 6408 (c) Manu£acture, procassing and� r@pracessing of bafteries; toxic chemicals; �fertilizer; oils and oil-based paints, 6409 lacquers andvarnishes; rawplastics; syntheticresins and fibers; and natural oi� synfheticnzbbar, ipcludingtire`sand 6410 innertubes 6411 (d) Grain, £eed and flour milling, processing and starage 6412 (e) Steelmills, metal refining.aad:oYher pFOCessing thatrequires intense�heat 6413 Sec.55:812. General ontdnar pi�aeessing; 6414 Uses which service, process or manufacture outside of a completely enclosed building. 6415 Standards and conditions: 6416 (a)- Outdoor servicing, processing, manufactiu�ing or the storage of the materials used in these operations shall be no 6417 closer than three hundred (300) feet to a property occupied with a one-, two-, t.u��-�vm-i or multiple- 6418 family dwelling. 6419 (b): Alloutdoorservicing,processingormanufacturingshallbe conducted, operated and maintained in accordance with 6420 any necessary permits of the Minnesota Pollution Control Agency, the county and the city. 6421 (c): The applicant shall provide a site plan showing the locataon of buildings; areas of outdoor storage, servicing, 6422 processing or manufacturing; and fences and walls. A narrarive shall accompany the plan stating the measures the 6423 applicant will take to contain on the property any dust, odor, noise or other potentially adverse affects. 6424 Secs. 65.813 - 65.819. Reserved. 6425 Sec. 65.820. Brewery, micro and regional. 6426 Afacilitywithacapacitytomanufactureonemillion(1,000,000)orfewer}essbarrelsofalcoholicandnonalcoholicmalt 6427 liquor a year. This definition excludes brew on premises stores as defined herein and/or small breweries operated in 6428 conjuncrion with a bar or restaurant defined herein as an accessory use. 6429 Sec. 65.821. Brewery, national. 6430 A facility with a capacity to manufacture over one million (1,000,000) barrels of alcoholic and nonalcoholic malt liquor 6431 ayear. This definition excludesbrew onpremises stores as definedherein andJor smallbreweries operated in conjuncrion 6432 with a bar or restaurant defined herein as an accessory use. 6433 Sec. 65.822. Concrete, asphalt and rock crushiag facility. 6434 Standards and condztions: 6435 (a) All concrete, asphalt and rock processing and storage shall be located at least three hundred (300) feet from any 6436 residenrialproperiy. ,-__ .� 6437 (b) Alloutdoorservicing,processingormanufacturingshallbeconducted,operatedandmaintainediriac dancewith 6438 any necessary permits of MPCA, the county and the city. 6439 (c) The applicant shall provide a site plan showing the location of buildings; areas of outdoor storage, servicing, 6440 processing or manufacturing; and fences and walls. A narrarive shall accompany the plan stating the measures the 6441 applicant will take to contain on the property any dust, odor, noise or other potentially adverse effects. 6442 Sec. 65.823. Greenhouse, industrial. 6443 Wholesale business whose principal activity is the growing and selling of plants within an enclosed building. 6444 Secs. 65.824 - 65.829. Reserved. 6445 Sec. 65.830. Hazardous waste processing facility. 6446 Any commercial facility, as defined in Minnesota Rules 7045.0020, for which a Minnesota Pollution Control Agency b447 (MPCA) permit is required, treating hazardous waste generated at any off-site location, that is designed and operated to 6448 modify the chemical composition or chemical, physical or biological properties of a hazardous waste by means such as 6449 reclamafion, disrillarion, precipitation or other similarprocesses, which neutralizes the waste orrenders it nonhazazdous, 6450 safer for transport, amendable for recovery, storage or reduced in volume, excepting "elementary neutralizing units" and 6451 "pretreahnent units," as defined in Minnesota Rules, Chapter 7045.0020. Hazardous waste processing does not include 6452 incineration or disposal. 6453 Standards and conditions. 6454 (a3) . , The facilityies�re skall be 6455 located within these an areas of the city included in the Mirrnesota Waste Management Board's "Inventory of 6456 Preferred Areas for Processing Facilities," dated August 1983, and subject to the facility proposer receiving all 6457 applicable petxnits and approvals, and meeting all conditions., , , 6458 (b�s The minimum distance between structures housang hazardous waste processing facilities and residentially zoned 6459 properiy shall be one thousand (1,000) feet measured from the closest point of the sh to the zoning district 6460 boundary. 6461 (c)ir. An Environmental Assessment Worksheet (EAW) and Environmental Impact Statement (EIS} shall b� aompleted 6462 if required under Environmental Quality Boazd Rules. 6463 (d)� �� erformance agreements and Snancial guarantees s�all be pcov�ded andr�tainlained 6464 as required by the conditional° use permit eihq-eamrei}. The performance agreements and supporting financial 6465 guaranteesshall,ataminimum,coverthefollowing:completionofrequiredsiteimprovements;emergencycleanup 6466 and mitigation activiries by the operator, after which the city may mitiate and complete appropriate cleanup 6467 acfivities; and closure activities in accordance with Minnesota Rules 7045.0498--.0524. 6468 (e)� Submittal of proposer's operating credentials, including: proposer's management expenence with compazable 6469 hazardous waste facility; proposer's, proposer's partners, and proposer's parent company's net worth and bonding 6470 capacity, demonstrating compliance with federal standazds as set forth in Code of Federal Regulations (CFR) 40, 6471 Parts 123, 264, and 265; references from persons familiar with proposer's hazardous waste facility management 6472 experience; evidence of permit application submittal to applicable county, state and federal agencies. 6473 ( fl� Compliance with U.S. Environmental Protection Agency and MPCA inspechon and reporting requirements in 6474 accordance wrth CFR 4Q, Parts 264 and 265 or Minnesota Rules 7045. 6475 (g)f All facilities newly constructed for or modified for the purpose of processing hazardous waste materials shall be 6476 directly accessible from a primary arterial roadway as defined and designated in the transportafion section of the 6477 comprehensive plan for the City of Saint Paul. 6478 (h)g. There shall be a mimmum setback from stormwater holding areas, natural drainage facilities, and wetlands in 6479 accordance with Minnesota Rules7045.0460. 6480 (i)ir. All stormwater runoff shall be managed in accordance with Minnesota Rules 7045.0526 and 7045.0528. 6481 (j)'r. There shall be 3dno outside storage of hazardous waste except as permitted by MPCA. 6482 (k)r All loading or unloading of hazardous materials must occur in compliance with Minnesota Rules 7045. ;...���� 6483 (1)ir A copy of the contingency plan, and all amendments and revisions, including operating log, required under 6484 Minnesota Rules 7045.0466 must be maintained at the facility and with emergency response agencies of the City 6485 of Saint Paul. 6486 (m)� The developer mus�agree�� shall provide, at his sole expense, maintenance and continued implementation of 6487 approved emergency training programs for all employees at the time of their inirial hiring ; and during their 6488 continued employmen� and for public safety personnel of the City of Saint Paui. Tthe training programs shall be 6489 reviewed annually for currency., 6490 . 6491 (n) m: The developer/operator must prepaze and maintam conringency plans to include provisions for alerting 6492 applicable agencies ;, and provision for emergency evacuation of the facility and the surrounding azea, in 6493 accordance with Minnesota Rules 7045.0466. 6494 (o)rr. Proposer's site, operaring plans, contingency plans, and training programs shall conform to MPCA permit review 6495 under Minnesota Rules 7001.0001-.0730. 6496 (p)� Any specia} conditional use permit issued for facilities under this section shall be subject to an annual review by 6497 the planning commission to ascertain that operations of the facility continue to be in compliance with all conditions 6498 of the permit and the Legislarive Code. 6499 Sec. 65.831. Infectious waste incinerator. 6500 Standards and conditions: 6501 See Sec. 65.832. Infectious waste processing facility, standards and conditions (a)-(c). 6502 Sec. b5.832. Infectrous waste processing facility. 6503 A site, mcluding the land and any structures thereon, where infecfious waste ar pathological waste is accepted, 6504 transfened, stored, handled, treated, decontaminated, processed or disposed. Infecfious waste processing facility does 6505 not include the site of a generator of infectious waste which is governed by the state depariment of health, as set forth 6506 in Minnesota Statutes, secrion 116.81, subdivision 2. 6507 Standards and conditions: 6508 (a-) The treahnent of the waste-is skall be conducted wittrin completely enclosed buildings. 6509 (b.-) The storage of the waste is shall=:be within completely enclosed buildings, except that the storage of the waste may 6510 be within trailers, provided the trailers are securely locked and are temperature controlled to prevent putrescence, 6511 as directed by the Office of Licenses, Inspections and Environmental Protection. The waste shall be stared for no 6512 more than forty-eight (48) hours, except that waste accepted on Friday must be disposed of no later than the 6513 following Monday; and. 6514 (c.-) All stnxctures containing the waste operations are shall:b� at least one thousand (1,000) feet from the closest 6515 property line of a one-, two-, «u =,�° ;�swimoi�-c or multiple-family dwelling-arcc�. 6516 (d.-) The incinerarion of infectious wastes shall be prohibited. 6517 Secs. 65.833 - 65.839. Reserved. 6518 Sec. 65.840. Meta1 shredder, large. 6519 Afacilitythataccepts,stores,andshredslargeusedrecyclablemetalproducts,includingmotorvehicles,appliances,sheet 6520 iron, industrial clips, whether or not maintained in connection with another business. Shredding is the reduction in size 6521 of the metal products by means of a rotor equipped with hammers, including in and out conveyors, scrubbers, separation 6522 and dust collection equipment, and other connected machines. 6523 Sec. 65.841. Metal shredder, small. 6524 A facility that accepts, stores, and shreds small used recyclable metal products including cans and other small metal 6525 products (excluding motor vehicles), whether or not maintained in connection with another business. Shredding is the 6526 reduction in size of the metal products by means of a rotor equipped with hammers, and may include in and out 6527 conveyors, scrubbers, separation and dust collection equipment, and other connected machines. This use is included.in 6528 the definition of "recycling proaessing center." 6529 Sec.65.842. Mining. 6530 The extracrion of sand, gravel, rock, soil or other material from the land in the amount of one thousand (1,000) cubic 6531 yazds ar more and the removing thereof from the site without processing, with the exception of the removal of materials 6532 associated with construcrion of a building which is approved in a building permit. �?, ��� O i p 6533 Sec. 65.843. Motor vehicle salvage operation. 6534 Any business whose principal activiry is to obtain used motor vehicles to salvage and sell usable parts therefrom and 6535 which maintains a premises upon which to accumulate and dismantle such vehicles. 6536 Standards and conditians: ' 6537 See Sec. 65.846. Recycdingprocessing cenfer, outdoor. 6538 Sec. 65.844. Recycling processing center. 6539 A facility that accepts, stores and processes recyclable materials, not including concrete, asphalt and rock, whether or 6540 not maintained in connecrion with another business. Processing includes, but is not limited to, baling, briquetting, 6541 crushing, compacting, grinding, shredding, sawing, shearing, and sorting of recyclable materials and the heat reduction 6542 or melting of such materials. This defmirion includes small metal shredders as defined in section 65.841 and excludes 6543 large metal shredders as defined in section 65.840 `".^vo �i�or. 6544 Sec. 65.845. Recycling processing center, indoor. 6545 Standards and conditions. 6546 (a) All processing activiries are shall be conducted within a wholly enclosed 6547 building.� 6548 (b) a: Outdoor storage of materials are shall be within covered containers ar behind an opaque visual screen meeting 6549 the requirements of section 63�.a�i� on three (3) sides. Such outdoor storage is shall be located at least tluee 6550 hundred (300) feet from any residential districta; xr� 6551 (c) b: There is shall be no outdoor open buming on the sita.� xu� 6552 (d) � All types of processing are allowed except heat reduction that would otherwise be permitted in the I=2 General 6553 Industrial Ddistricts. 6554 Sec. 65.846. Recycling processing center, outdoor. 6555 Standards and conditions.• 6556 (a): Outdoorprocessing,salvagingandstorageofthematerialsandmotorvehiclesshallbenocloserthanthreehuncked 6557 (300) feet to a property occupied with a one-, two-;-three-fam-or multiple-familydwelling 6558 [redundantlanguage}. The area used for the outdoor processing, salvaging and storage shall be behind an eight-foot- 6559 high obscuring wall, fence or landscaped buffer. The planning commission may modify this requirement where a 6560 wall, fence ar buffer may interfere with the operafion of the busmess.; 6561 (b): There shall be no outdoor open burning on the site. The use of cutting torches, fumaces and other equipment which 6562 produce a flame shall not be construed to constitute open burning; an�. 6563 (c).- There shall be no stacking of material above the height of the wall or fence, except that material set back three 6564 hundred (300) feet from the nearest residential property line may be stacked ona (1) foot higher ever than the wa11 6565 or fence, up to a maximuxn of sixty (60) feet, for every additianal five (5) feet the material is set back from the 6566 nearest residential property line. 6567 Sec. 65.847. Solid waste compost facility. 6568 A site that has been approved by the city, Ramsey County and the Minnesota Pollurion Control Agency (based on 6569 MinnesotaRulesSection7035.2835)forthestorage,transferorcomposringofspecificallyidentifiedtypesofsolidwaste 6570 materials. 6571 Standards and conditions: 6572 (a} Materials includmg, butnot limitedto, yard waste, sand, grit, sludge, papermill waste, shreddedpaper, food waste, 6573 residential solid waste and other refuse derived fuels shall be accepted;. 6574 (b)c All storage, transfer or composfing of such materials and the maneuvering of equipment and vehicles shall be 6575 conductedonanasphaltorconcretesurfacepreviouslypavedtospecificationsdesignedtohandleanticipatedloads. 6576 Runoff from the site shall be controlled in accordance with city requirements and other applicable government 6577 agency provisions. 6578 (c)- 6579 6580 (d} 6581 6582 6583 All composting materials in the active composting stage shall be turned or aerated b a blower system at least two (2) times per month or more often as required;. �:'� � 2$ i_ � The safi��vasteeampast facility shall be enclosed by an eight-foot fence to control vehiculaz and pedestxian access. There shall be appropriate buffering of the facility from residential zoning or uses by the use of berms, trees or other means deemed appropriate by the planning commission or zoning administrator. The site may have greenhouses for composting solid waste materials,. 6584 (er The sak'rdror<tste-eempast facilityies shall be located no closer than three hundred (300) feet from any residentially 6585 used or zoned properry as measured from the edge of the nearest compost pile to the nearest residentially used or 6586 zoned property;. 6587 ( fl.- The height of the compost pile(s) shall be limited to no higher than fifteen (15) feet above grade;. 6588 (g).- The operator ofthe saii�waste�eampasf faciliry shall be responsable formaintaining the facility free ofloose wind- 6589 driven refuse. All materials collected at the site which cannot be composted shall be removed from the property 6590 at regular intervals or stored to not become a nuisance. In no case shall these materials be stored on the site for 6591 more than seven (7) working days,. 6592 (h).- The sali�-waste-eampest facility shall have available �teast a loader such as a front end loader, a windrow turner, 6593 a rotary screening unit and any other equipment deemed necessary by the city,znd. 6594 (ir A site plan illustraring compliance with these and all other applicable requirements as well as a detailed explanation 6595 of the solid waste compost acriviries planned for the site must be submitted to and approved by the planning 6596 commission or zoning administrator. 6597 Sec. 65.848. Solid waste tratisf�r sfatiun. 6598 An iiitermezliate facility in which garbage, refuse and other solidwaste collected from any source is tsmporarily deposifed 6599 to await traxsspartationto a waste�faaility. � Tfiis includes siYesfox 4he sortiag of�construction and�deinolition material. 6600 6601 ARTICLE VII. 65.900. ACCESSORY USES 6602 6603 Sec. 65.910. Accessory use or accessory. 6604 A building, structure or use which is cleazly incidental to, customarily found in connection with, and (except as provided 6605 in section 63�.�300#) located on the same zoning lot as, the principal use to which it is related. 6606 When "accessory" is used in the text, it shall have the same meaning as "accessory use." 6607 An accessory use includes, but is not limited to, the following: 6608 (a�) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for 6609 the district in which the zoning lot is located. 6610 (b9) Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is 6611 located. 6612 (c3) Domesfic storage in a bam, shed, tool room or similar accessory building or other structures including the storage 6613 of antique and classic automobiles within accessory structures. 6614 (d5) Storage of inerchandise normally carried in stock in connection with a business or industrial use, unless such 6615 storage is excluded in the applicable district regularions. 6616 (e5) Storage of goods used in or produced by industrial uses or related acriviries, unless such storage is excluded in the 6617 applicable district regulations. 6618 (� }}j Trash containers, including garbage dumpsters, in accordance with Chapter 357 of the Saint Paul Legislative 6619 Code. 6620 (g) }$j Accessory signs, subject to the sign regulations for the district in which the zoning lot is located. 6621 (h$) Uses cleazly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex 6622 located on the site of the commercial or industrial complex; greenhouses located on the premises as incidental to 6623 a florist. ", 7 e ✓ 6624 (i}) Residential accommodations for servants or cazetakers located within the main dwelling and 6625 cooking facilities. 't 6626 (j�) Swimming pools for the use of the occupants of a residence or their guests. � 6� � � without separate 6627 (k#) A newsstand primarily for the convenience of the occupants of a building which is located wholly within such 6628 building and has no exterior signs ar displays. 6629 (li3) A small brewery operated in conjunction with a bar or restaurant provided the beer is sold for consumption on the 6630 premises and not sold to other bazs, restaurants or wholesalers, except that an establishment licensed under Minn. 6631 Stat. §340A301, subd. 6(d) may sell "growlers" off-sale with appropriate city license.. 6632 (m) An enclosed, single-bay caz wash operated in conjunction with an auto convenience market or auto service station. 6633 (n) }#jFoodshelfwhenlocatedindwellingunitsoranaccessorybuildingforthedwellingunit,churches,synagogues, 6634 and community centers. 6635 (o) �j Radio and television receiving antennas including satellite receiving dishes, or short-wave transmiUreceive 6636 antennas designed for dispatching or use with household electronic equipment including "ham" radio equipment, 6637 subject to the regulations in section 62.117. 6638 Sec. 65.911. Antenna, radio and television receiving. 6639 A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television 6640 or electromagnetic waves, and including the supporting structure thereof. 6641 Sec. 65.912. Antenna, short-wave radio transmitting and receiving. 6642 A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used 6643 for the transmission and reception of radio waves used for short-wave radio communications, and including the 6644 supporting structure thereof. 6645 Sec. 65.913. - 65. 919. Reserved. 6646 Sec. 65.920. Retail service and office, accessory. 6647 Standards and conditions: 6648 (a) Any retail service ar office use on the zoning lot sha11 be clearly incidental to the principal use and designed to 6649 service only residents of the principal use. 6650 (b) Such use shall be provided either totally within the walls of the principal structure, or as an accessory building 6651 situated so as to provide direct access to the residents of the principal use on1y. Thare sHall b� no direot ezcteriQr 6652 pnblie access to such use 6653 (c) No identification sign shall be visible from any exterior view. 6654 (d) Such uses shall not exceed twenty-five (25) percent of the floor area at grade level, or fifry (50) percent of the floor 6655 area of a subgrade level, and shall be prohibited on all floors above the first floor or grade level. 6656 (e) 6657 6658 (fl 6659 Each one thousand (1,000) square feet of floor area devoted to such use shall be counted as one dwelling unit in the computation of allowed dwelling units on the lot. The principal struchxres shall contaimat least ,��` '-- '-- °—--- '---' -' fifty (}50) dwelling units notwithstanding subparagraph (e) of this subsecfion. 6660 Sec. 65921. Suppart services in housing for the elderly. 6661 Support services within elderly housing as defined in secrion 659.1239�H- including limited food service, beauty salon 6662 and retail goods sales areas. 6663 Development standard: 6664 Support service areas shall nor exceed five (5) percent of the designated community room area. 6665 6666 Chapter 66: ZonSng Code - Zoning� 3)istrict Uses, 6667 Density. and;Dimensional;Standards ...: 6669 6670 Sec. 66.1fl1. Use tables. -��� , '��2� 6671 Use tables in this chapter list permitted and conditional uses in the primary underlying zoning districts, and note 6672 applicable development standards and condirions. ; 6673 (a) Permitted uses. Uses specified with a"P" are permitted in the district or districts where designated, provided that 6674 the use complies with all other applicable provisions of this ordinance. 6675 (b) Conditional uses. Uses specified with a"C" are aliowed as a conditional use in the dish or districts where 6676 designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing 6677 to establish, change, or expand a conditional use shall obtain a permit for such use as specified in Chapter 61. 6678 (c) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district, or any 6679 use not determined by the planning commission to be substantially similar to a listed permitted or conditional use, 6680 shall be prohibited in that district. 6681 (d) Developmenl standards. Permitted and conditional uses specified with a" ✓" in the Development Standards 6682 column shall be subject to the specific standazds and conditions of Chapter 65. Land Use Defznitions and 6683 Development Standards in addition to all other applicable provisions of this ordinance. 6684 (e) Combination oJ uses. Any permitted or conditional uses may be combined on a parcel or within a building, 6685 provided that all uses meetall other applicable.provisions of this ordinance, including any specific development 6686 standards. 6687 6688 6689 6690 6691 6692 6693 ARTTCLE I. 66.100. GENERAL PROVISIONS AR'I'ICLE II.: 66:200. RESIDENTIAL DISTRICTS Division 1. 66.210. Intent : .' - ����,�.�:»� niesut+eyw�eniswuuearww�vnaiis:ore�nie�vnieurswn.���:n�sisaiseeo.�iie� +rew 6694 Sec.66.211.6&d9Cr. InYent;RIICYrie-FauiilpT,arge�LotResideniialDistrict. 6695 6696 6697 6698 6699 6700 6701 The R�L One-Family Lazge Lot Residential District is the lowest density residential district. It "'�iic�rnonci provides for a semirural environment ofpredommantly low-density, one-family detaehe� dwellings along with 'vi', re3�te� civic and iiistitutioisaluses;�public sernices andutilities fhat ,o�°�i "ncics-wi�icii serve the iesidents in the distriet. The district is designed to protect, maintain and enhance wooded areas, wildlife and plant resources, fragile bluff areas, topography and lazge expanses ofnatural vegetative cover; to reduce erosion and exeessive stormwater runoffassociated with higher-density development; and to facilitate installation of private wells and individual sewage treahnent systems for one-family detached dwellings. 6702 (Ord. No. 17889, § 12, 11-21-91) 6703 . . . . . 1 � : . : : .. . 1 : . ..• . •: � 1 : . .. - -� . •-. �. . I . 1 � 1. �:=�: � �: ��� �� �� . 1' - � •� . - . . . � 1 .•. : •:• .• . � � .• �� �' - �� :�� �: °��• • . . .. . , � � •. - -- - - _ b��nn�nir.�u�� - - 6715 . , , - - 6716 6717 6718 ,,. .: - : .,_ � � 6719 Sec. 66.212. 59�r Intent, Rl-R4 One-Family Residential Districts. 6720 The � R=1- ti�rangirR One-Family Residenrial Districts iste provide for an environment of predominantly 6721 low-density, one-family �e�eh� dwellings along with civic and institutional 6722 uses, public services and utilities that serve the residents in the districts. Because of its their residenrial nahue, iiiis these 6723 districts is are not intended for more intensive uses such as small conference centers, private retreat centers and receprion 6724 houses. 6725 (Code 1956, § 60.411; Ord. No. 17550, § 5, 4-12-88; Ord. No. 17889, § 13, 11-21-91) 6726 . . . 6727 . . . . 6728 . . . , . 6729 , 6730 , 6731 (t�xte�956�6e-�ta� 6732 6733 6734 .: 6735 Sec. 66.213. 66:4�-t: Intent, RTl 'I'wo-Fain�Ty Residential District. 6736 6737 6738 6739 6740 6741 6742 6743 6744 6745 6746 The RT=1 Two-Family Residential District psovides for an.envixomnenY of:predaminantly low-&ensity one- and-6wo- fami�y dwellings along cvith�civi� and institutional uses and pu6Hc sarvices andutilities.that serve the.residents�:in�the distric� ��''- ` haue been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to jusfify the expenditures for repairs and modernization. .,�,—''-` `'— -"--- -° Because of its residential nature, this district is not intended for more intensive uses such as small conference centers, private retreat centers and reception houses. 6747 (Code 1956, § 60.421; Ord. No. 17039, 7-7-83; Ord. No. 17550, § 8, 4-12-88) 6748 . . . . 6749 . . . . 6750 . . . , . 6751 6752 , . 6754 6755 6756 . .: - : . ., : 6757 Sec. 66.214. 69:93-� Intent, RT2 Townhouse'ResidentiaT District. 6758 The RT=2 Townhouse Residential District �te provides sites for two-, three-, and four-family and townhouse 6759 structures, along with civic atid institytional uses, pub�ic services and ufilities thaf serve residents in the district. It is 6760 intended to provide for a variety of housing �re needs and to serve as zones 6761 of transition between one- and two-family residential districts and multiple-family residential dish-icts and business 6762 6763 6764 6765 6766 6767 n (� � / se districts. Theis district alsa recognizes the existence of older residential areas of the city where largerY�Youses'have been or can be converted from single-family to two-, three-, or four-family residences in order to extend the economic life of these shuctures and allow the owners to jusfify the expenditures for repairs and modernization. The RT=2 District further provides for housing tk�at has many of the ameniries of smgle-family dwellings arranged in a low-density, multiple-family pattem. Because of its residential nature, this district is not intended for more intensive uses such as small conference centers, private retreat centers and reception houses. 6768 (Code 1956, § 60.431; Ord. No. 17550, § 9, 4-12-88) 6769 . . . . 6770 . . . . 6771 . . . , . 6772 6773 , , . 6774 {�tixie�956-�69�4) 6775 6'176 . . . - - - - 6777 6778 Sec. 66.215. 69�d}: Intent, R1VI1 Low-Density Multiple-Family Residential Distr.ict. 6779 6780 6781 6782 6783 6784 The RM=1 Low-Density Multiple-Family Residential District is �esigne� intended to provide sites for an environment of predominantly one- and two-family, townhouse and lower-density multiple-dwelling structures, along with civio.and institutional uses, public services and utilities'that serve residenfs in the district, to provide for a variety of housing sgtisfy the needs ; and to serve as zones of transition behveen less restricted districts and more restricted districts. - - 6785 (Code 1956, § 60.441) 6786 . . . . 6787 . . . . 6788 . . . , . 6789 6790 , , 6791 (Code 1956, § 60.444) 6792 . ' .. .: - : , 6794 6795 Sea 65:21:6. 66:d�t: Intent; RM2 �Medin�n-Derssity Multiple-Fam7y�Residenfial �District. 6796 6797 6798 6799 6800 6801 The RM=2 Merliwn Density Multiple-Family Residential Dis1rict is desi�retlintended to provide for more extensive areas of multiple-family residential development and a variety af eangragate liviag axtangements, as well as uses tkaYseree �e needs of rel�te�ta the multiple-fanuly residenrial districts, - nnx�e ""ziici�vrz�iszr�ci It is furtker intepded to provided-Capermit far comprehensive development of $ multiple-family uses and a balance of population concentrarion as-rci-�ica--�e neaz major thoroughfares � transit, and related facilities. 6802 (Code 1956, § 60.451) ..1 � � - � �� .: � �: ��. �� ��: �. �:- - �� :�. � „ °��°� �' :. . . • � . .. : . : . � i � • �r.nN��w���u.snr•t�n�n�nah��w��i�� - - � - : i 6808 (Code 1956, § 60.454) 6so9 . � � - i � � $ 6810 , . . - - - - 6811 6812 Sec. 66.217. 68�fr� Intent, RM3 High-Rise Multiple-Family Residential District. 6813 TheRM=3High-RiseMultipleFamilyResidenrialDistrictisdesignedintendedtoprovidesitesforhigh-densitymultiple- 6814 dwelling structures adjacent to high-frequency transit service and high traffic generators commonly found in the 6815 proximity of majar shopping centers and areas abutting major thoroughfares and expressways. �tds-distriet It is also 6816 fnrtkerpravi� designed to serve the residenrial needs of persons desuing the apartment-type ef accommodarions with 6817 central services as opposed to the residenrial patterns found in the RM=1 and RM=2 Multiple-Family Residenrial Dish-icts. 6818 The high-rise nature of the disirict is provided to allow for greater density with lower coverage, which will in tum result 6819 in more open space . 6820 (Code 1956, § 60.461) 6821 . . . 6$22 . . . . 6823 . . . , . 6824 6825 , , . 6826 (Code 1956, § 60.464) 6827 6828 Division2. 66.,220. Princigal�Usesin.Reside�ialDistricts 6829 6830 Sec. 6fr.223. Principal uses. 6831 Table 66.221. Principal Uses Resiz�e�ezinl Dislricts allpemiitted and �ondifionalases in the RI,-RIt�13 Resida�tial 6832 Distcicts, aud notes applicable development s�andardsand cond'itions. 6833 6834 Tablg b6.2�Zi. Principal:U;ses in Residential:=Dist�icts 6835 ���4 ���� 6840 6841 6842 6843 6844 6845 6846 6847 6848 ���� 6851 ���� 6854 6855 6856 6857 6858 6859 6860 6861 6862 6863 6864 6865 6866 :::: ��s �. �: .. . . .: �: : .: :•1 x;.� �: �::� �:: 7!� \�\� �\• �� �• ��• ��' •:� �\,� �\� ::i• • // v�v ��, i�' •��� :i�r ���� -' A E' 6915 :S3C'� .• �:. � :� �� : .��:� �°�� � �� �� ��� �� .' : �� :,� •� - :�: :� ���;� : .' 6920 . . . . 6921 6922 Division 3. 66.230. Residential District Density and Dimensional Standards 6923 6924 Sec. 66.231. Density and dimensional standards table. 6925 Table 66231. Residential District Dimensional Standards sets forth density and dimensional standuds that are speeific 6926 to Residential Districts. These standards ue in addition to the provisions of Chapter 63. Regulations of General 6927 Applicabiidty. 6928 6929 Table 66.231. Residential District Dimensional5tandards 6930 6931 6932 6933 6934 6935 6936 6937 6938 6939 �''1 6941 r,�a .. _,;,� : _ � � : ;s - � A `�yv v -�? . ` v . � ��� "'�a 5�,� v� : !� .- �. "-� �� � : " .� - � .� :s � L _ �. _ ?. . a� � -.. . � ..,:e � ,. V " � . �r _. �! �: � ., ...�, �::. ... _„� � � . � - Area Width SWries Feet Frout Side Rear (sq. ft.) 6 (feet) ffi, One-Family Lazge Lot 21,780 d 8o 3 30 30 g,h 10 h 25 h Rl One-Family 9,600 e 80 3 30 30 g,h 10 h 25 h R2 One-Family 7,200 60 3 30 25 gh 8 h 25 h R3 OnaFamily 6,000 50 3 30 25 g,h 6 h 25 h R4 One-Family 5,000 40 3 30 25 g,h 4 h 25 h RTl Two-Family 3,000 f 25 3 40 25 g,h 9 h 25 h RT2 Townhouse 2,500 qf 20 3 40 25 gh 9 h,i 25 h RMl Multiple-FamtLy 2;600 qf pfa 3 40 25 gh '/�height h,i 25 h,� i3 RNI2 Multiple-Family 1,500 qf n/a 5 50 25 g,h '/ height h,� 25 h,i i-S RM3 Multiple-Family 860 c p/a no max. no maY. 3& g,h j i& h,i,j 59 h,i,j 6942 n/a - not applicable 6943 Notes to Tabie 66:23L 6i�9}: Residential Districts Dimensional Standards: 6944 (a) R40ne-FamilyDistrictdimensionalstandardsshatlapplywhenone-familydw�llingsareerectedinlessres�cicxive 6945 residentialdistricts. RT1:Two-RamilqDistrictrlimensional�sfandards:shallagplywkentwo-�ainilydweilingsare 6946 erected 3n less restrlotive cesldential districts: RM2 Mulripie=Family DisUrict�dimensional standards shall apply 69A7 wbenmultiple-fami]yresidenLial:dwa3lingsfivz(5)�stories�ar°lessin:heightare�constructed'in�an.RM3�N1uYt�pla- 6948 Family District. 6949 (b) In calculafingYhe area of alotthat adjoins a dedigatedpubfi�alley, fdi tbe purpase of. applying latarea anzl ci�nsity 6950 requirements, onz-half the:width of such alley adjoining th0lot shall be carFSiflered as.pazt of tha lot. 6951 (cg) 6952 6953 6954 6955 6956 In calculating the area of a�lot far the pitrpose of applying the. minimum lo��azea �er uniY reqnirement, fHa lot area figure may be increased by tluee hundred (300) square feet for each require� parldng space (up to two paiking spaces per unit) within the a multiple-family structure or otherwise completely underground, . Parking spaces within an above-graundparking struatura, except for the top level, may:also be used fnr this lot area bonus. The maximum number of units possible on alot using this lot area bonus casbe calenlated using Yke formu�a X= L—(A- 600), where X= ma�eimum units allowed, L 6957 =1ot area in squaze feet, and A= required lot area per unit in square feet. A site plan showi� park�ifg ry�t and 6958 dimensions shall be required when applying for this lot area bonus 6959 �imensians, No multiple-family dweiling shall be buiit, nor shall any existing structure be converted to amultiple- 6960 family dwelling, on a lot that is less than ten nine thousand (�9�866 9,000) square feet in azea. 6961 (d�) A larger �he lot size may be required depending on how much square footage is actually needed to properly 6962 site and install an individual sewage treatment system. 6963 6964 6965 6966 6967 6968 6969 (�) . > Where over half of the lot has slopes of twelve (12) percent ar greater, the minimum lot size shall be fifteen thousand (15,000) square feet. . When determining lot size, the slope shall be that in existence prior to any grading or filling. Alterations shall not be allowed that will lower the slope from twelve (12) percent or greater to less than twelve (12) percent prior to the creation of new lots. 6970 (fe) If townhouses are developed on parcels where only the land immediately beneath each dwelling unit constitutes 6971 an individually described lot and all other land required for yards, other open space, pazking, and other necessary 6972 land as required by this code constitutes "common" properties, jointly owned by the owners of the described lots 6973 beneath each dwelling unit, the minimum size lot per unit shall be applied to the entire parcel. 6974 - , , 6975 , > , 6976 - - 6977 , , 6978 - - 6979 , , 6980 - - 6981 , , 6982 - - , - - > 6983 . ,':� : . :: .. .• •: : .. .: _.• � . .. . :. :: �:: : - :. :. : : :: .':' :. :: : :. •.� .: .� .. ."1 _ : . .: 6991 6992 6993 6994 6995 6996 6997 6998 6999 ��) 7000 (h) 7001 7002 7003 7004 � �• . : . . : : . . : .�., .:� •:- : > - Where at least fifty (50) percent of the front footage of any block is built up with principal structures, the minamum front yazd setback for new shuctures shall be eclnal-ta the average setback of the existing structures, or the normal setbac# raqnirement in 1he disfriat.plus.half tha arnount thaaverage-setback-is greater than tha-normal s�tbae3c requirement, whicheveris less. ex�p E�sting struct�es wirieh-is set back twenty (20) percent more or less than the average may shall be discounted from the formula. b) For thasetises perxnitfed and conditional principal uses allowed in residenfial distnets - - -> - - - c other than residential uses, the front yard shall be equal to the front yard required for residenfial use and the side and rear yards shall be equal to one-half the height of the building but in no instance less than the minimum requirements of the district in which said use is loeated. 1 . ... : .. . . .: . .�_ ��wu�i�r.i�i:r•w�s��vnnR��ucii - - - _ - 7007 7008 7009 7010 7011 7012 o �oa8 (i f j Side yards are required only for dwelling units on the ends ofthe townhouse structures. When �(2) or more one- family, two-family, or townhouse structures are constructed on a single parcel, there shall be a distance of at least twelve (12) feet between principal buildings. [This is an appropriate sepazarion for townhouse sh whichhave ends similaz in mass to one-family buildings.] -, - - , When hvo (2) or more mulrifamily buildings aze conshucted on the a single parcel, there shall be a distance of at least Hrirtq eighteen (18) feet between principal buildings. 7013 � - - 7014 - , . , . 7015 (j) Minimum front, side and reaz setbacks shall be fifty (50) feet or one-half the building height, whichever is less. 7016 - . 7017 7018 (Code 1956, § 61.101; Ord. No. 16956, 9-9-82; Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-15-85; Ord. No. 17524, § 19, 1-6-88; Ord. 7019 No. 17889, § 17, 11-21-91; C.F. No. 98-216, § 5, 4-8-98) 7020 Sec. 66.232. Maaimum lot coverage. 7021 In Residenrial Districts, principal shuctures shall not cover more than thirry-five (35) percent of any zoning lot. 7022 Sec. 66.233. Minimum building width. 7023 In Residential Districts, the building width on any side of one-family and two-family dwellings shall be at least twenty- 7024 two (22) feet, not including entryways or other appurtenances that do not run fhe full length of the building. 7025 7026 7027 Division 4. 66.240. Required Conditions 7028 Sec. 86.241. Number of main:(priitcipal) bnildings. 7029 In RL-RT1 Residentiai Distriots, there.shall�be-no iriax� than one,(1�)�main (princapal) residantial biulding.par zon(sir�2ot; 7030 except as specifically allowed as a conditional use in the district. R"�21�vi3 $esiclential Dis�icts allow multiple 7031 residential buildings on a zdning lot: A carriage ktopse building,in R`I'2-RI�%I3�Residsntial Districts may be regula�ed-as 7032 an addirional prinaipal resid�ntialbuiiding or as a carriage house dwelling=. 7033 �034 7035 7036 7037 ARTIGLE III.. 66300. TRADITIONAL �IEIGHBORHOQD DISTRICTS Divistion 1_ 66310. Iutent 7038 Sec. 66.3ll. General intent,.TN TradifionaLNeighbo[hood.diatricts. 7039 "I`NTraditionalNaighbarhaoddist�ictsareinte�ezlfofosterthedevelopmentami.growthofcompact,�sedestrian=c3xianted 7040 urban�villagas. All�three districts aze intendad�to encourage acompa�iblerni�=of�ommercial and residengal uses wifhin 7041 buildings, si�es and blocks; new.development in proaimity to majar transit�sireets and corridrn�s; and addi�ional�choices 7042 in hansing. 7043 Sec: 66.312. Intent, TNl Traditional Neighborhood District. 7044 The TNl Traditianal Neighborliood District is intended to provide fqr comgaat, p.edestrian-oriented m�ed-use 7045 areas of limited size, with_ a vasiety of xesidential, office and. service uses t13at pximarilq serve neighb�rfioad 7046 needs. It is also intended to serve as a transitionat use of land:along major tharoughfares, between cornmercial 7047 or industrial�districts and xesictenfial�districts�or a�her less inteiisiv�'land�tises. 7048 Sec, 66.313. Intent, TN2 Traditional Neighbarhaod District. 7049 The TN2 Traditional Neighborhood District is designed for use in existing or potential pedestrian and transit nodes. Its 7050 intent is to faster and support compact, pedestrian-oriented commercial and residential developxneni that, in tursi;.can 7051 support and inerease transit:usage. It encourages, but does not require, a variety of uses and housing types, wiTh caceful 7052 attenrion to the amount and plaoement ofparking and transitions to adjacenf residential neighborfioods: 7053 Sec. 66.314. Intent, TN3 Traditional Neighborhood District. �^t T ' 7054 The TN3 Traditional Neighborhood District provides for higher-density pedestrian- and`transit�-`oi�e��ixed-use 7055 development. It is designed for development or redevelopment of land on sites lazge enough to support: 7056 (a) a miz of uses, including residential, commercial, civic and open space use�in close pro�mity to one another; 7057 (6) a mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes; 7058 (c) a system of interconnected streets and paths that offer multiple routes for motorists, pedestrians and bicyclists, and 7059 are connected to existing and future streets; 7060 (d) a system of open space resources and amenities; and incorporarion of environmental features into the design of the 7061 neighborhood. 7062 The TN3 Disirict is also intended for smaller sites in an exisring mixed-use neighborhood center where some of the above 7063 elements already exist, or in an area identified in the comprehensive plan as a potential "urban village" site. The above 7064 elements may be found within the TN3 district or adjacent to it; the intent is that al] would be present within a reasonable 7065 walking distance. 7066 7067 Diuision 2. 56320. Principal Uses in Tradirional Neighborhood Districts 7068 7069 Sec. 66.321. Principal pses. 7070 Table 66.321. Prineipal Uses.inTYadi2ional NeighborhoodDistricts lists all:p_ermitted and conditional`uses in the T'Nl- 7071 TLV3 Traditional Neighborhood Districts�, and notes developmenC:standards ana conditians: 7072 Table.6b:321. P'rincipal iJses inTxadif'[anal Neighborliood l)istricfs 7073 ���� 707� 7078 7079 7080 7081 7082 7083 ���� 7086 7087 ���� 7090 7091 7092 7093 7094 7095 7096 7097 7098 7099 7100 7101 ���� 7104 �1�5 7106 7107 7108 7109 ���Q 7112 7113 7114 7115 ���4 �11$ 7119 7120 �f�Y, ���� 7125 7126 ���� ���� 7131 7132 7133 7134 ���� 7137 7138 7139 7140 ���� 7143 7144 7145 7146 7147 7148 7149 71$� 7151 7152 7153 7154 7155 7156 �15� �158 7159 7160 � � A � f o� J , � � � V Use`"� r�y� �y��/%�T��'> '� ��`�� ,��`��''�f'��� ��%�f%��� y � �TNl�/, � �N2�9 rTN3 � ���Development%"x v;,,a t��d,�r��r+�n '1 �,=�`������ � ���'��� '��'� 'f"�ti ✓� < nes�.1/.i�6'vi�.�,�J.`��;,.�9�6'%%/. � �c,'� r �� r'fJis'y`/�'��H''.,.%, �/!'�n� / .%�`�9�Zi.�,t`�,7i.,. ��� �f a�'P"� _ � � v'sr.`+'��. �"��E' _,7,/'ll,% < Educational Facilities Day caze P P P J School, gades K-12 P P P J College, universiry, seminary, etc. P P P ✓ Trnde school, arts school, dance school, etc. P P P Social, Cultural, and Recreational Facilities Museum P(C P P J Public library P P P Public and private pazk, playground P P P Recreation, noncommercial P P P Religious Insfitations Church, chapel, synagogue, pface of worship P P P Rectory, pazsonage P P P ✓ Convent, monastery, religious retreat P P P ✓ , .... .. . ... . . . � n': w " . � � 2�. re:vt.43� �ublicServicesandUtd�he�?.,w��u�`��.!E����' �k��s:n3° ��°� ` ��'�����>> ��� :.�� �-.. � _. _ �..:� �,_ .. �„�vm�L,�. �.�. �. �y n� , . Aatenna, cellulaz telephoae P/C PIC P/C ✓ Municipal:buildingoruse P P P �/ U4ility oc public service bpil�pg C C C ✓ m_.._ _ � ��__.v.. ... „,. .:..m�::: �=_ � - _ � w �: , . - Commerc�al IIses n��n',�m �� , d�m=9 �€ :° = t� 3'�: i � � e��,' :� �� e,�.� a�; Ofliees Administrative�office P p P Artist, photographer sfudio;,efc. P P p Itrsurance oftice;ieal estate ofl'ice,.salespf&ce P P P Professional�o"ce P p p iViedical'Racilities C(iiiic,.medicat oi dental P p p Fifispifa`f c c ✓ Medjcal�la6oratory P p p Veterina .ry clinic p p y Ret�I'Sales,and Services GeneralretaiY P(C P/C ✓ Bank, ciediT union P p p Driv�through sales and services pririrazy and accessory C ,� Dry cleaziing, commercial latirid'ry p P ✓ Food and related goods sales P/C P/C J Food Shelf P p P (3ardan ceuter, autdoor p P ,!- Laundromat,self-service p P Liquorstore BfG P/0 ✓ Massage center P p P Nlortuary, funeral home P P Pfiotocopying P P P ✓ Post office P P P Setvice business P P P ✓ Service business with showroom 6i workshap P p ✓ � Small appliance7epair P P Tatfoo sl�op P P Tobacco�shop P P . a��� ���� 7163 7164 7165 7166 7167 7168 7169 �3�Q 7172 7173 7174 7175 7176 ���� 71�9 7180 ���� 7183 ���� 7186 ���� 7189 7190 ���� ���� ITS yr.� . i`����� �i�i %'' � i���� �-�'���'f��'' �, �TNl� �N2,� yaTN3� y.�',�.Developmenr � ������ �, � .:`�� Staudards�� r�.�r.��'�>".s��l=.:.+'i�ul%l,Y-�`i`.Gvy;s.�;'�'��'����ss: __�✓� Food and Beverages Brew on premises store P P ✓ Catering P P Coffee shop, tea house P/C P P ✓ Restavrant P/C P/C ✓ Restaurant, cazry out, deli P/C P/C ✓ Restaurant, fast food P/C P/C ✓ Restaurant, outdoor P P ✓ Commercial Recreation, Entertainment and Lodging Bed and breal�'ast residence P P P ✓ Hotel. inn P P Health/sports dub p P Indoorrecrearion C C ✓ Theater, assembly hall C C ✓ Automobile Services Auto convenience mazket C C ✓ Auto service station C ✓ Parking Facilities Pazking facil'ry, commercial C ✓ Trxnsportation Railraad_rlgbt-of:tvay C C C f LimSted Pruducfi6n€and Processiug Li�iitedpioducfionandprocessing P/C P1C Y Piintirig and publ�shing P/C P/G J � v i � , _..: __ .. . ,.. _..--:� _ c � :�� �_� ��� ��� Accessor Uses� �_u��� _' ..:.. a ' ��3°ve �i �_ �. m ''� ,._: � ���° :: _ 1 a , B�: . _ as: ,m��. Aceessory ase P p p 7195 7196 Division 3. 66.330. TradCtional Neigfiborhood I3istrict Density and Dimensional Standards 7197 7198 Sec: 66.331: Density and diinensioiral st�ndardstab�e. 7199 Table 66.331. TraditionalNeighbo�hood Dastricz Dimensional Stmadurds sets€orth density and dimensianal staudards 7200 that are specific to Traditidr�al Ideighbothood�DisfirieYs. These standards are in addition to the provisions oChapler�63. 7201 RegulationsQfGeneraZAp�zlicczbi�z�y. 7202 7203 7204 7205 7206 7207 7208 7209 7210 Table 66.831. 'rcaditional PFeighborhoodDistriet Dimensional �Stan�ards .J .J - '.�. � � � �211 �Z12 7213 7214 �21$ 7216 7217 7218 7219 �22� 7221 �222 7223 7224 7225 �226 �22� 3��� 7230 7231 Non-residential or mixed use (including 03 - 1.0 FAR n/a n/a none 35 d 0- I S i i pazking strnctures) �TNZ"-fuy ✓ir. �,. �!%r'%�`'%y� �� �r � �fF� f'"i/�f ir �' i5: a' y a "�� ���- � ���F _.:� mGie ., ��,a,o. ��.�Jaw�r6 . ,,:r�,P � �.r,✓� ,� . ��„�,��� � </.�`,�ii f..✓1,�_ � ✓�, .�r,/iia�v .,I�c.F 1-family dwelling 6- 12 units / acre b 3,500 b 30 none 35 d 15 - 25 h i 15 2-family / townhouse 8- 20 units / acre b 2,000 b 20 none 35 d 10 - 25 h i 15 Multifamily 10 - 34 units / acre b 1,300 b n/a none 35 d,e I S- 25 h i i Non-residenria( or 0.5 - 2A FAR with mixed use (inctuding surface pazking n/a n/a none 35 d,e 0- 10 i i pazking structures) OS - 3.0 FAR with structured pazking c TN3� � � � :: � : � " ..: � _ � --. ��...,... . ...,k,_: ,<<_.�.... ,�. N___.° _ ......:.:.... r:..`_.. .�. �_ � ���. __� _. , ,.,..,,.:. .�.._. _ 1-family dwelling 8- 12 units / acre b 3,500 b 30 2 35 d 15 - 25 h i I S 2-family ! townhouse 10 - 20 units / acce 6 2,000 b 20 2 35 d 10 - 25 h i li Mulrifamily 30 - 44 units / acre 6 1,000 b n/a 2 45 d,f 1> - 25 h i i Non-residential or l A- 3.0 FAR n/a n/a 2 55 f 0- 10 i i mixed use Pazking structures n/a n/a n/a n/a 45 g 0- 25 20 20 Min. - Minimum Ma�c. - Maximum FAR - Floor Area RaSo n/a - not applicable Notes to Table 66.331. Tradit[nnal.lueighhorhood-DAStrict Bimensional. Staudacdsc 7232 (a) Units per acre is aalculated hased o� net acreage�for rasidential davelogment.. Density based on units per acre mast 7233 be calcuiated for pardels af an:acre. or more in.size. For sma�ler parcels the mazimum number of units�may<be. 7234 calculated based apon minimum loti si�e per unit. Tn caloulating Yhe.area of a lot that adjoins a dedicatedpublic 7235 alley, for the purpas'e oi� apply'ing lot aiea and density requirements, one-half the widfih of such alley adj oining the 7236 lot shali be consXdeYed'as part of the lot. 7237 (b) In calculafingthe area of a lot for the pprpose of applyiug lot axea and density requirements, fhe lot area figrtce:inay 7238 be iricxeased by tlireahnndred'(300)'square feef�for each paiking spage (up Yo two parldngspaces per unit) ivii�in 7239 amultiple-family strnetitre or otherwise completaly underground. Parking spaces wit7iin an a6ove-ground.parking 7240 structure,.exceptfortkraseonfHetoplevel,mayalsobeusedforthisl'otiarea=b'orius: TtiemaYimumnumtreio�:nnifs 7241 possible. on a.lot using:tki's=lot:axea bonus cari:l3e-caIculafed:using;the forinula:X = L-(A �00), wh�ie'�:.= 7242 maximum units allowed;. L=1ot;area:in;square_feet, and:tl= requixed-lot peT unit in square feet. A siYe:plan 7243 showing parking lagout€and diinensions shall b'e reqpired�v3iemapplying fbr�fiis ]otarea bonus. 7244 (c) Flo�rarearatio(FAR)�shall;be�prorated:npon:the�pamentage:ofrequiredparkingthatisprovidedasstn�etured. 7245 parking. 7246 (d) Height of structure ma�_e�ceed the.ma�lmum if sebback from side andrear setback lines a.distance eqaa�ia 7247 additional height. 7248 (e) A maximum height of forig-frve (45) feet�may be permitted with a cpnditional use permit wJ�en the strur�tareas 7249 within six hundred (600)�feet of an.existing or planned icansitstop on adesiguated..transi#:sYreet. A rnaxamlim� 7250 heightofsixty-five(�5)featmay.be.permittedciitha�onditiemal�usepermit�forproperryalongUniversilyA�enzie 7251 within six hundred (660) feef of an exis#mg or planned Transitstop, excapt on the following blocl�s, where heigfits 7252 greaterrthan'forry-five(45)feetwouldgenaraIlybeincompatible�ifhthesarro�nefingneighborhoods: noi�h.side 7253 af IInii*exsity between�Aldine$Lreet and'St. Atbatts�Street; arid betwaen Keiit Stceeti and Galtier �tree"t; an� south 7254 side of University tietween O�ord 5treet and-8t. Albans Street, and between Mackubin Street and Galtier Stieet. 7255 (fl A maxunum haight of ninetg.(90) feet may 6e pernutted �vith a conditional use permit, with the following 7256 exception. In developments fiir which a master plan was adopted by the City Council as of Augost 23, 2001, and 7257 for which there was a signed;. approve`d redevelnpment agreement with the Housing�and RedevelopmeaTAnYhority� 7258 of the city as of August 23, 2001, amaYimum height af sixty-fiQe.(65) feet may<be peFmitted wifhout a eonditios��l 7259 use permit, and a ma�imum height of one hundred (100) feet may be penmitted with a conditianal ixse�aerinit, 7260 providedthat such develogments, to the extent reasonably possible, follow fihe design guidelines of the "SusEainable 7261 Decisions Guide for City Facilities" or other sustainable development guidelines. Fn the River Carridor Overlay 7262 District, the conditional usepermitshaR be subjectto the retention of critical views and vistas from publicrlghts- 7263 of-way and opea spaaas. Cxitical'views and visYas shall be �as°defrned in ths"city comprehensive plamor b}�'the' 7264 planning administrator: In'oiderto�detiercnine iinpaet on Critical vie�rs and��istas, the�canditional use perinit 7265 7266 7267 7268 7269 7270 7271 7272 7273 7274 7275 7276 7277 application shall include detailed plans of the proposed building(s) and, for each vieb6, � I�ast the following: 1) the height, width and grade elevation(s) of the proposed building(s); 2) the height of significant landmarks and/or geographical features; 3) a series of photographic images sl�owing "before" (as is) and "after" (with the proposed structures) conditions; 4) a comparison of the view impact of a building(s) meeting the forry-five (45) or fifty (55) foot height standard with the view impact of the proposed taller building(s). In determnung impact on critical views and vistas, the planning commission shall make findings related to the following: 1) the accuracy of the information and compliance with the requirements above; 2) the extent to which critical views and vistas aze retained; 3) the impact on views and vistas of the portion(s) of the building(s) that exceed the forty-five (45) or fifiy-five (55) foot height standazd; and (4) proposed actions by the applicant to minimize impacts on critical views and vistas. This requirement shall not apply to developments in the River Conidor Overlay District for which a master plan was adopted by the City Council as of August 23, 2001, and for which there was a signed, approved redevelopment agreement with the Housing and Redevelopment AuthoriTy of the city as of August 23, 2001. � 7278 (g) A maximum height of sixty-five (65) feet may be permitted with a conditional use permit. 7279 7280 7281 7282 7283 7284 7285 7286 7287 7288 7289 7290 7291 7292 7293 7294 7295 pivision4::-66:340: RequiredGonditions 7296 7297 Sec.-6'6:341. Required:conditions,in TNl-TN2 Tr�ditional Neiglibarhood Di`stricts. 7298 �a) Amrnmt ofpcczking: 7299 (1) The minimnxn a�ot�nt ofxequire'd parl�iitg sha11 be as speaified:in Claapter 6�. 7300 7301 7302 7303 7304 7305 7306 7307 7308 (b) ?309 (2) The masitriurii aitiou� of surface parking shall not eXCeed the spec4fted minimum by more than �en�(:1 Q) parcent or two spaces, whichever is greafer. If additzonal parking is deshed, itmust be placed underground, within an enclosed::build'mg ar in a tuck-under garage. (3) For properties�°having�frontage on a fransit�shze� as.defined, tha�miniinumamount ofrequixed off?sireet parking for rro�esidential�nsas; as specif2ed in Ghapter63, may be redneed'b� upto tweYffy=five (Z5) "p"etcent. (4) Forpxoperties:wiflrinane-gu'arter('/aj:xnile�ofatcansit,street;asdefiped off-street parking'for residenfial uses may 6e red'uced to one parking'spac� perdwelling unit. Tfiis p'ro�isi'on applies to principal andsecondaxy dwellingunits and units in mixed-nsebaildings, hutnofYo live-work nnifs. Placement of parking. Surface parking anay be located: (1) To therear of the, principal building or within the reaz yard area of the parcel; 7310 (2) In an interior si�e yard if rearparkuig is impractical or insuff'icienf, provided that suxface parking areas and 73ll entrance drives occupy no more than fifty (50) percent of the total lot frontage; 7312 7313 7314 7315 (h) Where at least fifty (50) percent of the front footage of the block is built up with principal structures, the minimum front yard setback for new structures shall be the average setback of the existing shvctures, or the normal setback requirement in the distrinCplus half the amountthe aoerage setback is greater than the normal setback requirement, whichever is Iess. Existing structurgs set back twenTy (20) percent more or less than the average shall be-discounted from the formula. The: minimuxn front yard setback shall not exceed the maximum front yard setback requirement. Sixty (60) percent of the front facade must fal] within the ma�mum setback. (i) No side or rear yards are requited along the interior lot lines e�cept as other,wise specified in the.building.code, provided, that if walls of structnies`faciiig such interibr lot lines contain' windows or other openings, yaxd's of not less �Iian six (6) feeti sfia11 be� pTOVided: Si3s�ascd rear yazds o� at least siic+(� feetsltail�be' xequired when� a nonresidential use ad�oinsa sid'eiyard of axesidenrial'pioperiy. :These setba'sk requirements from inYeriorlot°lines shall be:waived when;an easemBnG agreemenY is recorded as:to;the affected properties: Proof of such recoxded easement. sfiall be pro�ided, at: tlie time :of application for. a: buildif�g pertiut': The recording;of fhe easetrient- agreement shall be interpreted�to�ean that tke fallowing intertYs :and purposes �of these setback requirements :are met aHequate supply.dE lighL add.air m adjacen�proper[y; suf�cient �pa¢e for maintanance of the building fram the same 1cit; andpreveption o£'damage tct a�j'oining progeity:b� fire�orrunofEfrom roofs. (3) On a separate lot; in ca�liance with Seotion 633'04. (4) If a variance of this parleing placement.requiremant is necessary to a�low parlFing in front of a building because of special needs and siie constr�ints, there should baa gondpedesttian connection between the sidewalk and 6niltliiig:entraucx; and the area should be weIl lan$scaged. � 6 � dL o fr i.d 7316 (c) In the T'Nl District, all activities except for off=street parldng and loading shall take place within completely 7317 enclosed buildings, with the exception of outdoor seating ueas for coffee shops or similar uses. Drive-through 7318 sales and services (primary or accessory) aze not allowed in the "I`Nl District, and are not allowed uzaless 7319 specifically permitted by a condirional use permit in the TN2 District. 7320 (d) Storefronts or ground floors originally designed for commercial use shall not be converted to more than fifty (50) 7321 percent residential use without a conditional use permit. In conversion from commercial to residential use, the 7322 eleraents of tradirionai storefront design, where present, shall be retained. These include door and window 7323 openings, display windows, intermediate cornice lines, sign bands, awnings, azcades, and primary entrances facing 7324 the public street. 7325 (e) In mixed-use buildings, nonresidential uses shall be located on the first floor or lower floors of the building. 7326 Residential units in mixed-use buildings may be located on any floor, but not directly beneath a nonresidential use. 7327 Sec. 66.342. Parlting requirements in the TN3 Tradirional Neighborhood District. 7328 (a) Amountofparking. 7329 (1) The minimum amount of required parking shall be two-thirds of the minimum specified in Chapter b3. On- 7330 street pazking located along the frontage.of a properly may be used to meet parking requirements for that 7331 properry. 7332 (2) The maYimum amount of off-sireet surface pazking shall not exceed one hundred (100) percent o£the 7333 minimum specified in Chapter 63. If additional parking is desired, it must be placed undarground, within 7334 an enclosed building, or in a tuck-under garage. 7335 (b) PZacemen2 of parking:. Surfage parl�ing may be located: 7336 (1) To the rear of the�;grinci�al building or wdthin tke rearyard�area�oftl�e parcel. 7337 (2) 3aaninteriorside:yardifrear:paicking:isimpraotieal�or�iasufficient.�SEU=faeeparki�gareas�and�entr�t�e� 7338 drives accessory_:to a prinoipal bililding ar use may occ�py no: mar�thantliirLy (30) p�rcent of thE tofaY lot 7339 frontage. 7340 (3) Ona�separate�loT;:in�comglianeewith�Secrion,63�304,,provided=that.snrfaceparkingisnoYpermitYed'.asthe 7341 prinoipal use nf a:lot unless it is sfiared amongwultigle:busiuesses or u�es. 7342 (4) If a vaciance of �hYS .parking'glaceineufi;requiremant ts necessary ts� aTlo�r parking,in &ont of a.buildiiig 7343 because of special�needs and.siYe.eoristraints, 41ere shapld:be.agood:p;edestrianconne�tian betweeFi:;Q1e�. 7344 sidewalk and,buildina enfcance and the azea should be:well landscaped: 7345 Sec.;66.343» T.raditional.Neighborhood Dis�rict_design standat�ds: 7346 7347 7348 7349 7350 7351 7352 7353 7354 7355 7356 7357 7358 7359 7360 7361 7362 7363 7364 7365 (a) Applicability. Th'e Trai1`itional l�Icighixdrhooii,District:design standards undei paragraph (b) below apply to: development within TNl-T'N3 Neighborhood Disiricts as indicaterl in Table 6'6.393 :lpplicabzliry of Tradiiional Neighborhood :ISistrict Design. �ta�zdards. SiYe plansand�oflier�d�vel�pmentprop�o�alfi�vi#hin� Traditional 1Veighborhood. Dist�icts sh�11. be. consistent :wifh;the appJicabls:design, standazds. unless the apphcant can demonstrate that fhere are circuinstauces .unique to the property lktat make camplianqe:impracticalux unreasonable. In cases'where more�speeif`ic.design standarda�or guitlelineshave been developezl as part_o£ci�y counoil-approved master plans, small area plans; or othzrcity=approved plan� �or specific sites;:those'shal'I-tal�e preeedence: All sta�tzlards in section 63:1�1Q; GOneial design standaxr�s, are ais6 applicable To developmen� �yit7iin TNl-TN3 TradirionalI��ighlzorhood'Districts. Table 66.343. Applicability of'I`radifioital Neigliborhood-Districf Design SYaridards 1. Land use diversi ✓ 2. Similar facinQ buiJdin¢s ✓ ✓ 3. Transitions tQ.lower-density neighborhoods I I ✓ !�I ✓ ✓ 5. Gom atible rehab�litation and xeuse ✓ ✓ ✓ 6. Use esta�lished baild'mp facada line ✓ ✓ ✓ 8. Front yard lands 9. Builclingfacade� ✓ ✓ ✓ ✓ ✓ ✓ 7366 7367 7368 7369 7370 7371 7372 7373 7374 7375 7376 7377 7378 7379 7380 7381 10. 11. facade articulation — facade articulation — vertical 13. Definirion of residenrial entdes 14. Door and window openings — minimum 15. Materials and detailing 16. Screening of equipment and service aze 17. Interconnected street and allev network 19. Pazkine location and entrance 21. Pazkine lot 22. Entrance location for transit access 23. Street h�ees 24. Sidewalks ��' � = �, � ✓ ✓ ✓ ✓ ✓ ✓ 0 0 0 , , , 0 0 � � � � ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ � ✓ ✓ 7382 (b) Traditianal Neighborhood District design sta7zdards. 7383 (1) Land use diversiry. In general, it is desirable foi• each block to include some diversity in housing type, 7384 buIldmg type and:tnix of:lanel.uses. Anq twoaBnftingblock faces shall inolude more than one land use ar 7385 building type. 7386 7387 7388 7389 7390 7391 7392 7393 7394 7395 7396 7397 7398 7399 7400 7401 7402 7403 7404 (2) Similkr facirig &uzldings:"°Buildings ffiaf face eacH othei across a street ahall be generally similar in fi�ig}it, scale and artioulation> (3) TPansitions toZdWer-denszt7r heigTiborhoods. Transifionsin d'ensity or intensity shall be managed through careful attention to bailfling lieigHt; scale; massing and solar exposnre. (4) BZoc7�length.. Blockfacesin:mi�eduse:axeasshall.typicallynote�ceed:f4urhundred(400)�feat. B1ook£aces in residenrial'areas shall�typically�follaw�fie patt�ri ofneighboxing 6locks, but shall not exceed sixhuisdred s�ty (660) feet; tfie length :of the standacd Saint:Paul block. (5) Campatible rehabiZztaZzon and reuse. Remgdeling;.ad�titions,or other:alterations.tn�existing iraditig�al:, buildipgs shall` 6e done in a manner. fliat is compatible witli the origiriaL:sca)e, massing, detailing.;�nd° materials o#tliz original bnilding. �Original materials sha11�6e retained''and'pi Yo the extent possible. (� Use estabZish�d building�acade Zi�res.lVew buildings to.tlie estatilished bnilding�faoade:IinB:Qn the block where'tYiey are'locafe�l. On riiost nonresidential or mixad �use blacks this is the inside edga:;of-t3ie sidewalk. For�ornsr buildings, each facacle that fronts a public streef sha11 tnainfain the established building facade line. Portians of tlie facade may b0 set back a gieafer distance tio emphasize entries or create ontdoor seating and gathefing:areras. (7) Suildangs anchor the cornPr. New buildings on corner Iots shSll be ori�nYed to the corner and bofh public streets. (�) Front yard Zandscaping. Front yard areas lacated�lretween the-prineipal building and the street shall:be landscaped. Hard sui`faoed areas sfionld include amanifies such as b�nohes andplanters: 7405 (9) Buildingfacadecontznuily°.�New�buildangsaLang�commercial�andmixed-usestreetsshailpravicYe:�� 7406 continuous facad� along:the strcet:. Whexe breaks acc�r, the street edge shall be continned throngh_the:nse 7407 of fencing, low walls and/or landscaping. 7408 (10) Building facadz Rrtfculation — base, rrziddle and top. 7409 a. Most traditional buildings in Saiat Paul have a strong pattern of base, middle and top, oreatad by 7410 variations in rletailing col4r and materials. New buildings shafl respond to this pattern. 7411 b. Articulated�tops shall be considereii in the�desigp of all n�w buil8ings. This arEicuia#ion �riight consist 7412 of pitched:roofs, dormers, gable ends, cornice detaaling ete. 7413 a The base of the building shall include elements that relate to the human sc�al�The e�ouldYnclude 7414 doors and windows, tea-ture, projections, awnings and canopies, omament, etc. 7415 (11) Building facade articulation — vertical. Consistent with most traditional buildings in Saint Paul, a building 7416 width of forry (40) feet or less is encouraged. New buildings of more than forty (40) feet in width shall l�e 7417 divided into smaller increments, between twenty (20) and forty (40) feet in width, through articulation of the 7418 facade. This can be achieved through combinations of the following techniques, and others that may meet 7419 the objective. 7420 a. 7421 b. 7422 7423 7424 7425 7426 7427 c. � e. Facade modulation - stepping back or extending forwazd a portion of the facade. Vertical divisions using different textures or materials (although materials should be drawn from a common palette). Division into storefronts, with sepazate display windows and entrances. Variation in roof lines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. Arcades, awnings, window bays, arched windows and balconies at intervals equal to the articulation mterval. 7428 (12) Building height— freatrrient oJ I-story buildings. New buildings. of two or more stories aze encouraged in 7429 TN l and TN2 Districts, and reguired in the TN3 District. One-story buildings, where constructed, shall be 7430 designed to convey an impression of greater haight in relation to the stteet: Tliis ean ba achieved tlrrough the 7431 use of pitched. soofs with domiers or gables facing.the streat, a higher parapet and/or the use of an 7432 intermediate cornice line to separate ihe ground floor and the upper level. 7433 7434 7435 7436 7437 7438 7439 7440 7441 7442 7443 7444 74A5 7446 7447 7448 7449 7450 7451 7452 7453 7454 (13) Definition of res€denriaZ�eiatzies. : Porc�es; steps; pentroofs, soof ovarhangs, kooded frant doote� or samiYat architecturaLelements�shall�Be_used to defineall.primary residentiai-entrances. (14) Door and wirrdokv�ope�tzrtgs —�mmimum=and charaeter. a. For new eoxameraial�andoivi� buiidirigs; windows and doars�or=openangs�shall oomprlse at leastfifty (50) parsanC of'fhe length axid aE-leasf thirty (30) parcent of the area of fhe graund floor of the grimary street facade: b. W indows shall be d'esigned wi#h.punched and rece5sed openings in.order fo create a sfrong rfiytl�m of light andsIiaelow:' c. Glass on windows anzl doors shall be cleaz ar slighflytinted; allowing viewsinto and o�xt af the.interior. d. Window s�ape,-'size.�and pattams shall emphasize the int�nded organYZation of the faca�e�.a�8�the definition.;of tfie: 6uilding. (15) Materials and deYZriling: � a. Nonresidenfial or ini�ed� nse buil8ings sfiall be constracted. oF higli-quality materials such as b�ick, stone, textuxaa. cast stane, -or finfed masonry nri�ts. The=failocving materiats are genera�ly not aeceptable: - unadortfedplaimor�painted cancrete block - tilt-up eoncretepanels - pre-fabxicated steel or sheet metal panels - reflective glass - aluminum, vinyl, fiberglass, asphalt or fiberboard siding b. All buildingfacadesvisible from apublic street oryvalkway shaIl.employ materials and design feafures similar to those of the fivntfacade. 7455 (16) Scree�ing of equBpment.azld. service areas. If an outdsar storage, servise or loading area is visible�from 7456 adjacent residential uses or a public streetor walkway, it shall be screaned�hy a deeoratiue fence, wall� or 7457 scrQen of plant matetial at least six (6) feet in haigfit. Fences and wa11s shall be architecturally campahble 7458 with the primary structure: 7459 7460 7461 7462 7463 7464 7465 7466 � �1 G � (17) Interconnected street and aZley nerivork . The existing street and alley network shall be p�s and extended as part of any new development. If the street network has been interrupted, it shall be restored whenever possible. Cul-de-sac streets aze discouraged; crescent-shaped or courryard street arrangements may be used when street connections are impractical. (18) On-street parking. Streets shall generally have parking on both sides to buffer pedestrians, calm traffic and supplement off-streetparking unless the space is needed to accommodate traffic volume, emergency vehicles, transit or deliveries. (19) Parking Zocation and entrance design. ' 7467 a. Off-street parking shall be provided within a principal structure, underground, or to the rear of buildings 7468 to the greatest ea�tent possible. Limited side yard pazking may be appropriate. Entrance drives and 7469 garage doors for underground ar structured parking may face the street, but shall be designed for 7470 pedestrian convenience and safety. 7471 b. Surface pazking shall not be located within thirry (30) feet of a corner. Buildings shall be located to 7472 emphasize and "anchor" the corner whenever possible. 7473 (20) Residential garage location. Attached residential garages shall be recessed at least ten (10) feet behind the 7474 front facade of the building. Defached residential garages shall be located in the side or reaz yard, recessed 7475 at least twenty-five (25) feet behind the front facade of the building. When an alley is present, garages shall 7A76 be located in the rear yard and accessed thraugh the alley. 7�477 (21) Parking lot Zighzing. Pedestrian-scale Iighting shall be provided within pazking areas. Light standards shall 7478 ba nine {9) to twelve t�I2 ) feet in heigh$ and have a downcast glow. 7479 (22) Entrmace locatibnfor fransit access. New and existing retail, office and multifamily housing shall coor$inate 7480 wifh`the transita'gency in loaating'bns stops and related improvements. Bnilding entrancas ahall be Iocated 7481 toptavide eas�access-to bnsstops anBsHelYers. 7482 (23) Street Zrees. Stre@t tsees in tfie streat right-of-way, as prescribed by, the;City Forester and. SeoYimn.69,b¢0• of 7483 tlie SnbdivisionI�egdlafiaus, and otiherlandscape timprovements shallbepmvided along all sfreefs atregular 7484 intervals to hellyd'efm83he�stieet �flge; buffer pedesErians from vehielas, and prbvide�shade. Trzes s}iati`be 7485 located in a planting strip.atleast five (Sj fee�wi8e�betwean•the curb�and�id�walk, or in a planter arplanting 7486 strnctiue of a design-accepYableto.the'City. 7487 (24) Sidewalks. Streefs'shall b'e desigaed vvitfi`sidewalks on 6ofh si8es except where they abut a park or o�her 7488 open space. Sittewallc-widtH shall�e aC:least fivB�(5) feet, arid six (b) feet or mote in areas�of high pedestcian 7489 activity. 7490 Sec. G46:344: TN3 Traditional Neighbarhood D'rs'trict required elements. 7491 7492 7493 7494 7495 7496 This secrion applies to TN3. districts for which a master ptap� designates blocks or portians of blaoks as "mixed � residential,"miceduse," "open space," "edge," or "fzansition araa." A TN3 Traditinnal Neighbarhood Distriqt of fifteen (15) or mote aores in area ehall inclu�e, at a minimum, a mixEd residential area and filie specified minimum peroentage of open. space within one-qnarter ('/aj mile of a mixed-use neighb'orhood center: These elements may be found within the TN3 disfrict or adj acent �to It;.the intent rs fhat tti�y would be present within a reasonable wa�king� distance. A miked use area and/or an edge/transifion'aYea may also he xequixed, depending on tke criferia listed below. 7497 (a) M'rxed use area. The mixed use area cansisfs of sernice and retail commercial uses, workplaces, civic uses, 7498 housing, and public open space: It contains the broadest vaziety of land uses, and is intended to function as a center 7499 of ac�ivity for residenfs ofthe eirtire TN3 District and, poteiitially, surtaunding areas. 7500 (1) All residential lots within a TN3 Traditional Neighb'orhood District shonld be located within approximateiy 7501 one-half mile of an existing or proposed mixed use area. 7502 (2) The requirement to inclui�e a mixed use area may be fulfilled by adjacent mixed use areas such as 7503 neighborhood cominercial nodes. 7504 (3) A mixed use azea shall be composed of at least rivo of the following.land use categories, as categorized in 7505 Table 66.321. PAincipal Uses ir� TradiLio�aal Neighborhood Distrzets: 7506 a. 7507 b. Commercial uses, such as general retail, restaurants, off�ces, services and accommodati�ns. Residentiai�uses,�no�ineluding one-family or two;family d�weRings. 7508 7509 7510 7511 �� � � � ��� a Civic and institutional uses such as school, place of worship, community meeting facil�y,Tibr�ary, and transit station. (4) A new mixed use area shall also include centrally located public open space, in the form of a square, park or plaza. 7512 (b) M'rxed residential area. A mixed residential azea consists of a vaziety of housing types and Innited office and 7513 service uses. It may be located anywhere within the TN3 district, and is intended to be linked to surrounding areas 7514 by interconnected streets, paths and open spaces. 7515 7516 7517 7518 7519 7520 7521 7522 7523 7524 7525 (1) A minimum of fifry (50) percent of all dwelling units shall consist of multifamily units, units in mixed-use buildings, and/or attached single-family units such as townhouses and live-work units. (2) If over fifty (50) units are proposed in a site plan or master plan, at least two housing types must be included from the following categories: a. on� and two-family dwellings; b. attached units such as townhouses and live-work units; and c. other multifamily dwellings (3) For infill development, the required mix of residential uses may be satisfied by existing adjacent residential uses within a two-block radius. (4) Up to twenty (20) p�rcent of total flnoc a�ea may consist of office�and limited service uses as part of �live- work units or integcated: into residential stcuctures. 7526 (5) AIl residantial lots shall be loaated within9ne-half mile of existmg or plarined_�ublic or cammon opeu spaoe. 7527 (c) Edge�ar tvansition ar�a: An ed'ge arearinay beseqnaed.as a:lower-densiiy fransi'tional zone responding �'o ad�acent 7528 uses� �The required mix=ofhousing types'specift�d m Ehe pr�vious �vill no# app�y in transiti'on ai 7529 Densities and uses cvilt�degend;on �acljacent�eondi�ians. 7530 (d) Open 'space areas. For:a TNB di§t�ict of fifteen (15) ormore aores in area; a minimum oftwenty (26) percent af 7531 a distsicf's gross acra�ge; exeYnsiue of street or alley cight of-way, musYbedeSned in thamaster plan as open��pace, 7532 whicl� may include u�d�velopable areas such as�steeg slopes and weflands, and stormwater basins. 7533 (1) A:minimum offiffy�56J�percent of the`requirad:open�space shadl be acbessibleto and usable by #he 7534 snch as a eentral°square�or�plaza; neigliborhoodparks; graenways, trail��cortidors, or exfex�srons of a�fstiiig 7535 parks on the periphery (as specified in:comprefiensive or small' atiea gt'ains, or in the master'pl`an'proe@ss). 7536 (2) Existing parks oi open spaca afljacent to the area ma3� satisfy the open�space requirement; a fee-in-lieu af 7537 park dedication°may'be required for enhancements:to such ai�jacent axi'sfing pazks ar open spaCe. 7538 Sec. 66.345. TN3�District.plannTpg reqnirements,. 7539 (a) Preuzaus plans. Any pre-exzsting City-appro�ed.plans suah:as smala area plans precinct plans or master plans, 7540 preparedforthesiteorthesuxroundingareaskcall-beincorpoLatedasappropriateinpreparinganydevelopmen�ptan 7541 for a TI�3 Traditional NeigHborhood District site. It is und'exstood that these:plans may occasionally be amended 7542 as conditions change. The intent of sach plans shall be tealized:to Yhe extent possibie in any subsequant 7543 development plans. 7544 (b) Master plan. For any TN3 distcict of fifteen (15) acres or moxe in area plan sha11 be �provided fqr�re�iew 7545 and recommendati��ibq the Planning Commission and apgroval b�.City Conncil resolution. The master plan ma3� 7546 be already in existence, or it may be prepared by Ci� staff or by fi]ie apglicanf or deweloper. A TN3 area for �vhich 7547 a master pla� has beeYi ac�opted'6y the city ccsuncil shail be dasignatEd as a`i'T73(Mj ctistrict. The masfer plan shall 7548 inciude the foilowing informafion: 7549 7550 7551 7552 7553 7554 (1) A location map of snitable'scale showing the bounduies' and dimensions of the site within the context of YHe community and adjacent pazcels. The map or maps shall show: a. [Q Locations of"any streets; railroads; significant natural, geographic ar topographic features; and other major features within five hundred (500) feet of the site; and Existing gaxks, open space, majar institutians, and concantrations of commercial use withinone-half mile o£flie site. � r , �w� �i � 7555 (2) A site inventory and analysis to identify siteresources and constraints, includingf`}6oet�plain, etl d, poorly 7556 drained soils, soils with bedrock near surface, utility easements�, slopes greater than twelve (12) percent, and 7557 areas of possible soil contamination. 7558 7559 7560 7561 7562 7563 (3) Plan graphics, including but not limited to the following: a. Topo�aphic contours at five (5) foot intervals. b. Layoutofblocks. c. Circulation system, indicating e�sting and proposed streets or rights-of-way, transit stops, bike routes, sidewallcs and other walkways. d. Street classification system, designating all streets by function within the site. 7564 e. Block-level analysis, designating blocks or portions of blocks as "mixed residenrial," "mixed use," 7565 "edge," "transirion," or other (see section 66344, Required elements) and identifying primary building 7566 types on each block. Blocks may be designated for a range of traditional neighborhood elements and 7567 buildingtypes. Undesignated blocks would allow the full range of TN3 uses and building Types. Blocks 7568 shall be defined in relarion to adjacent street classifications and open space. 7569 f. Open space plan, including all areas to be set aside as public or private open space and their preliminary 7570 design h 7571 g. Preliminary lanrlscape pian, indicating street trees and landscape 1reaUnent of all streets and public 7572 spaces. 7573 (4) Plan graphics ma� (buti aze not xeqpired to) include exainples of building elevations for.each building.lype; 7574 anindicationofbnildingseale,height massing�garkinglocationandrelationshiptothestreet;visual.analysis 7575 of impact on criticalviawsan'd vistas; and examples of streetscape and ottler pu6lic impfovemenfs; inclnding 7576 light fxtures, screeningwalls and:fences,:benches and other stteef:fitii�iiituie. 7577 (5) A preliminary sYOi`mwatex plan, identifyirig prelaminary locarians of. §tritetures and methods to b'e:used.in 7578 managing storniwater and:surfaae water on t7ie`site. tlnq wetlands or'floodplain on the si,#e shall`bz'' 7579 identified. TnYegiation of stormwater treaYment irito the landscape aixd site design is.encouraged, as Ysi the use 7580 of natural methods such'as ponds, wetlands orswales. 7581 (6) Pfiasing plan, wfiere.appli'cable; including the phasi'rig of openspace:and street,iinpro�ements. '7582 7583 (c) (7) Ufilities plan, indicating:e�cisting:conditions and:proposed charages, as:appropr.iaYe. Changes to master plan: Onca approved; amaster plan:may be modified as follaws: 7584 (1) Mino� mod�cation. MynoY�modificatioris to at��approvedmaster�glan fnay�be�requested�6y flrepxoperty� 7585 ocvnerordeveloper. The-pTaxuiingadmiuistra4or inay apprave mirior modificatibns, ineludingchanges.of less 7586 tliant0n (10) percentin laud area designate'd in a spec�c:category, provizlei3 sncH changes aie eonsistetit:wifh 7587 the infent of fhe<zuaSter�plan. 7588 7589 7590 7591 7592 7593 7594 7595 7596 7597 7598 7599 (2) MajQr:modifrczatinn. Majot modiffieationsto an�approved mas�er�pIan ma� be �itia�ed hyfhe ctt� cuiii�il, the planning cammission; or.any person:having an ownersh9p ox leasefiold,inteiest (contingent incIuded).in property that is.ihe subject of flxepropos'ed modi�ication.. IVlajor modifications include changes of fen (TO) p�cea5bor more Ianslz,�ea desiguated.m:a specificcategory; creati4n o£ a n�w puUlic s9reet or samoval.of a puhlic streef segment;. remodal .of a�Sat�k or open sgace area;�ot. addition or removal of an entire bl�zck.: Major modification's may 6e appxoved a§ an amendm8nt to the master plan by ciry council cesolution: follocving planning:commission review, public hearing and recommendatifln. ARTICLEIV. 66.400. BU3II>IESSDTSTKIGTS Division 1. 66.410. Intent : .: r.�T�n /lS�%G����vRR:f/lTl�f/lw� 7601 7602 Sec. 66.411. 69�Y1: Intent, OS Office-Service District ``j � �, �!'1 �� '.9 7603 The �°`d--�'—Ti-oca'� Office-Service Distdct is intended to accommodate various types of office and service uses performing 7604 administrative, professional and personal services and to serve as a transirional use between the more intensive uses of 7605 land such as maj or thoroughfares or commercial districts and the less intensive uses of land such as one-family residential. 7606 (Code 1956, § 60.471; C.F. No. 96-694, § 6, 7-10-96; C.F. No. 00-972, 11-8-00) � 7607 . . . . 7608 . . . . 7609 . . . . 7610 . . . , . 7611 , 7612 , . 7613 , . , . - . - , , - 7614 7615 . - - 7616 7 V 1 / ocb. uVC���T. 7618 - - - , 7619 , , - 7620 . 7621 . - , - - 7622 . . . . 7623 - - , 7624 7625 , . 7626 7627 - � 7628 . 7629 , , , , 7630 > , , , 7631 , , . 7632 - , - - . 7633 . 7634 _ > 7635 , . 7636 , , , , 7637 , . 7638 . 7639 , . . 7640 , 7641 �we}�ing� 7642 . 7643 . . . - , - - .� - . .. . . : :... .� 7694 . . . . . , 7695 7696 7697 7698 7699 7700 "` 1, ., �. � 2 II ... . .• - . � . .. . -. . .:. . . . .. . .. .. � . . .. � . . . . :.. : . . . . � . : :. :. . . . � _ _ ° • ,� 1 ,� .• .�� :�. - ��°,�°� 1 :. . . . . - . .. . .. �. : • . � 1� . .• 7705 . . . - , - - 7706 7707 7708 . . .: : . :, - : 7709 Sec.6b.412.59�534: Intent;Bl�Isa�al:BusinessDistrict. 7710 The B=1 Local Business District is intended to permit those uses as are necessary to satisfy the basic convenience 7711 shopping or service needs of persons residing in nearby residential areas. 7712 (Code 1956, § 60.481; C.F. No. 00-972, 11-8-00) 7713 . . . . 7714 . . . . 7715 . . . . 7716 . . . , . 7717 7718 7719 ]RfIlI/7%T16I/)f�AI��I�L�a I�% 7�l�fll/lI/IIRI//�S�/%lRl�1.1lRGAT�I�lI/)S9'Alf+fl7//IT1l16S 7720 Sec. 6fi:413. 69:553: Intent;:BC.Community Business (CanverCed) District. 7721 �f The B�C Community Business (Converted) District ta-ereate is a business district expressly far exisring 7722 residenfial structures in commercial areas, which will permit the operation of businesses which do not generate large 7723 amounts of traffic and at the same time will retain the visual character of the building forms and open space associated 7724 with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this 7725 district to provide parking for employees who work in buildings which are converted from residential to business use. 7726 (Ord. No. 17062, 10-20-83; C.F. No. 00-972, 11-8-00) 7727 . . . . 7728 . . . . 7729 . . . . 7730 . . . , , . 7731 7732 7733 1��iI(�/I.fV#ll lli'�)t I�L�' IA�D�fF%/)1//1/II1f��/%1RT1I/2GAT1/� 7734 Sec. 66.414: 69:5&f: Intent; B2 CommunityBusiness Distriet. �y° �Z� � � 7735 The B=2 Community Business District is intended to serve the needs of a consumer population larger than that served 7736 by the "Local Business Distdct," and is generally characterized by a cluster of establishments generating large volumes 7737 of vehicular and pedestrian traffic. 7738 (Code 1956, § 60.491; C.F. No. 00-972, 11-8-00) 7739 . . . . 7740 . . . . 7741 . . . . 7742 . . . , . 7743 7744 7745 ,.; . .: - - 7746 Sec. 66.415. 59.56� Intent, B3 General Business District. 7747 The B=3 General Business Dishict is intended to provide sites for more diversified types of businesses than those in the 7748 B=1andB=2BusinessDistricts,andisintendedfor�aextietr,usealongmajortrafficarteriesaradjacenttotheCommunity 7749 Business Districts. 7750 (Code 1956, § 60.501; C.F. No. 00-972, 11-8-00) 7751 . . . . 7752 . . . . 7753 . . . . 7754 . . . , . 7755 7756 7757 .. . : : , u. - �•,�,;,�.+,. 7758 Sec.66;416-:68:5�r Intent�sB4'Ceu'tral°Busines�llisfrict. 7759 faj The B=4 Central Business District '' provides for a variety of retail stores and 7760 related acrivities, and-€aroffice buildings and service establishments which occupy the prime frontages in the Central 7761 Business District; and �vhiek serve the a consumer population beyond the coiporate boundaries of the city. {i�j The 7762 district re�arians-are is also designed to provide for the needs of the daytime work force, a Central Business District "7763 resident population and a transient population, along with the recreation demands of such population a 7764 (Code 1956, § 60.511; C.F. No. 00-972, 11-8-00) 7765 . . . . 7766 . . . . 7767 . . . . 7768 . . . , - 7769 7770 , ,. . . „ ��,,. ^ �u�u�������� �. ' 7771 7772 Sec.66.417.69r58-� Intent;BSCentralBusiness-S`ervice��Disfriet. 7773 fxj The B=5 Central Business-Service District is intended to provide thenecessary services for the population area which 7774 is seroedby all ofthe previous business districts. Such service establishments often involve objectionable influences, such 7775 as noise from heavy service operations and lazge volumes of truck traffic, and are thus incompafible with the previous 7776 business districts. fbj These districts provides for wholesaling, resh manufacturing and other business uses which 7777 aze needed in proximity to the Central Business District and require central location to permit serving of the entire ciTy. 7778 (Code 1956, § 60.521; C.F. No. 00-972, 11-8-00) 7779 . . . . ��ao . . . . ��si . . . . ��s2 . . . , . 7783 7784 Division 2. 66.420. Principal Uses in Business Districts �lJ , ��g .� v 7785 7786 Sec. 66.421. Principal ases. 7787 Table 66.421. Principal Uses in Business Districts lists all permitted and conditional uses in the OS-BS Business 7788 Districts, and notes applicable development standards and conditions. 7789 Table 66.421. Principal Uses in Business Districts 7790 9��� ���� 7795 7796 7797 7798 7799 7800 ���� 7803 7804 7805 ���4 7808 7809 7810 7811 7812 7813 7814 7815 7816 7817 7818 7819 7820 ���� ���� 7825 7826 7827 7828 7829 7830 7831 7832 7833 7834 7835 ���� 7838 7839 7840 F'£as� • �E44 7845 7846 7847 7848 �O�tl �851 7852 7853 7854 7855 �8$f) ���� 7859 7860 7861 7862 ���� 7865 7866 �86� 7868 7869 7g�� 7871 �872 7873 7874 787$ 7876 78�7 �8�8 7879 �88� �8g1 7882 7883 7884 'y.',! ���' ���� � � v ��^`y�`� �f�C"�'" j " ; ���'r �' i'1 f � , �< f r r "',�, ��rG� � hr �F 7 , , � y.: � h , � ',�"�' . �"r�3'� �13�` , �`'Fi����V�So ° �:�; ��/h� ./ii''�y � j � �������,s�������.� P c�l,�l d� � f � r 3Y\Ji'H l � �,.i / � f k�f� ._ f_&,�,eJ ��/ .,. / u.n9.�;;,,✓��,`,'��iF,� , i�u ���/ d�� ���r�f.''fri: F��as'"� F��t ����ifl �W,�N�✓',� c` Social, Cultural, and Recrearional Facitities Club, fratemal organizarion, lodge hall P P P P Museum P P Public librazy P P P P P P P Public and private pazk, playground P P P P P P P Recrearion, noncommercial P P P P P P P Religious Institurions Church, chapel, synagogue, place of worship P P P P P P P Rectory, parsonage P P P P P p P Convent, monastery, religious reheat P P P P P p P ��Q'. �� � ilG.l`:�. � .t.� F "� fi 1� � e � ' r �i! .-G'4 YN. �' � G&�P . '� f^ �.'�� &4 � �. �""'u`44'N.ii..�if ,=..�..�..�� . � a�m._....:_ C _.....a.�..:w Irm�._._...d { ._._a&,i. � �:tEv'_*�.._ _ _......m..a. M1ss ....4 ,..� ��- 7ur�i��.s� "..3 Antenna,cellulaztelephone P/C P/C P/C P/C P/C P/C P/C ✓ Electric transformer or gas regulator substation C C C P P P ✓ Mumcipal building or use P P P P P p P ✓ Public uriliry steam heating or cooling plant P Utiliry or public service building C P P P P p P ✓ e ;� : � � � �.....� , : � . . �, ii. ••�• ' iif '¢. Ifl L di! y.'1H' :k°e�e¢ _ � . m . :s � °�.�;�k����ia�w �� . �'° � .E! �? �,�r�.acE� �� ��� � :.� I .� 9 �s "� � ' , 96 ' � :� °.�e . _ ..� ..., . ,,. ., x _...:- .�i_.a . v ��ma'� �.� 2�E. ��e�a.8�:� ..� . nm _.__.._:r!tv . �r::�::�. Offices AdministraYive office P p P p p p p Artist, photographer stud�o, etc. P P P P P p p Insurance office, real estate office, sales office P P P P P p P Professional office P P P P p p p Medical Facilities Clinic, medical or dental P p P p p p p Hospita] p p p Medical Laboratory P p P p p p p Veterinaryclinic p p p p ,/ Retail Sales and Services General retail P P P P p p Bank, credit umon P P P P p p p Business sales and services p p p Cuirency exchange -P- � p p ,� Drive-through sales and serv�ces, primary and accessory C C C P P P ✓ Dry cleaning, commerc�al laundry P P P p p p ✓ Food and related goods sales p P p p p p Food shelf P P P P P p p Garden center, outdoor C C P J Greenhouse C ✓ Laundromat, self-service p P p p p p Liquor store P P P P p P � Massage center P p P p p p p Mortuary, funeral home p p p Outdoor uses, commercial C ✓ Package delivery service P p P Pawnshop -E E C P P ✓ Photocopying P P P P P P p Post office P P P P P p Service busmess P P P P P p p :� .: ':: .� ���Q 7892 7893 7894 7895 7896 7897 7898 7899 ���Q 7902 7903 7904 7905 7906 7907 7908 7909 ���Q 7912 ���� 7915 7916 7917 7918 7919 7920 �921 �7C� 7924 ���� 7927 7928 7929 ���Q 7932 7933 7934 7935 7936 7937 7938 7939 � � '° n �,S¢ �if���>Y��/��w��y�ir���.fi'�'` � %�"��� ��X�f{✓.�j."ft'`U-' G.i+'s�, 'v' �u"��`% q��.a % _'�9 �" d,n � d�' ni�"4=;� � f ��/'� .; r�'.�'l'%'' �/ �. �,=.�J;�� � r � �,, ! ��n,�/� J,ly �l l ,, f �,Q r O � ; i � � � ��� i�l�� �� � � jri,-� ,�� � � � ,. 2/�t,�i „e,�3��.��d�:'�„�,'���...�F,�?. ,�i�x .�' Service business with showroom or workshop P P P P P Small appliance zepair P P P P Small engine repair, automotive bench work P P P Tattoo shop P P P P P Tobaccoshop P P P P P P Food and Severages Brew on piemises store P P P P Catering P P P P Coffee kiosk P P P P Coffee shop, tea house P/C P P P P J Restaurant P p p p Restaurant, cazry-out, deli P P P P P Restaurant, fast-food P/C P/C P P ✓ Restaurant, outdoor P P p P ✓ Commercial Recreation, Entertainment and Lodging Bed and breakfast residence P P P P J Bingo hall, auction hal] C P P P Health/sports club -P- P P P P Hotel, mn, motel P P P Indoor recreation C P P P ✓ Reception hal] P P p p Steam room/bathhouse facility P P P p p Theater, assembly hall, concert hall P p p p Adult Entertainment Adutt use c c c ✓ Automobile Services � Auto conven�ence mazket C C P ✓ Auto service station C C P ✓ Auto speciality store C C P ✓ Auto repair station C P J Auto sales, indoor p p p Auto sales and rental, outdoor C ✓ Car wash C ✓ Parldng Facilities Parking faciliry, commercial p p Transportation Bus or railroad passenger station p p p Helistop C C C ✓ Railroad nght-of-way C C C C C P P ✓ Limited Production,Processing and Storage Finishing shop p p ,/ Limited producrion and processing p p / Mail order house P P p p p Malt ]iquor manufacturing p p p ,/ Plastic products p Printing and publishmg p/C P P P Recycling collection center P ✓ Recycling drop-off station P P P p p ,/ 7940 7941 7942 7943 ���� 7946 7947 7948 Toiletries and cosmetic m Wazehousing and storage VJholesale establishment use Division 3. 66.430. Business District Density and Dimensional Standazds ... - � i �! A] 14LMl:l i 7950 Sec. 66.431. Density and dimensional standards table. ✓ ✓ 7951 Table 66.43I. Business District DimensionaZ Stanclards sets forth density and dimensional standards that are specific 7952 to Business Districts. These standazds ara in addition to the provisions of Chapter 63. Regulations oJ General 7953 Applzcability. 7954 Table.66.431. Business Disfriet Dimensional Standards 7955 7956 7957 7958 7959 7960 7961 7962 7963 7964 Notes to Table 66:431. 6i�&'s. Bnsiness Districts Dunensional�Standaxda: 7965 (a�) The height ofthe shucture may exceed the maximumbuilding height allowed in the district, provided the structure 7966 is set back from all setback lines a distance equal to the height which said structure exceeds the maYimum building 7967 height allowed in the district. 7968 (ba) Off-street parking shall be pernutted to occupy a required front yard seCbaelc; provided,-that the off-street parldng 7969 area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any fre�-erside 7970 street right-of-way and meet the - setback mcccs`mc requirements of secrion 66:43;1(d) 7971 fri�83{fj. 7972 (ci) Since B�C zoned property has a residential character, buildings shall maintain a twenty-five-foot front setback 7973 or meet the requirements of section 66.231(g) 6i�9i{aj. 7974 (dg) 7975 7976 7977 7978 7979 7980 On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way ar twenty-five (25) faet, whichever is greater. {kj-�hese �he fallowing parkways and portions of parkways ' oclow are excluded from tke this setback requirement a$eve: Ford Pazkway (from Kenneth Street to Finn Street and north side between Finn Sireet and �e Mississippi River Boulevard)c, Gannon Road; and Lexington Parkway (from Pierce Bntler Kante to the nearast Burlington 1Vorthsrn Railroad=tracks). 7981 (eb) No side or rear yards aze required along the interior lot lines of the district, except as otherwise specified in the 7982 building code; provided, that if walls of structures facing such interior lot lines contain windows; or other openings, 7983 yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required 7984 when a business district adjoins a side yazd in an adjacent residence district. These setback requirements from 7985 interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of � •� � 7986 such recorded easement shall be provided at the time of application for a building pernut. 'i'�he rec`oid4ng o�the 7987 easement agreement shall be interpreted to mean that the following intents and purposes of these setback 7988 requirements are met: adequate supply of sunlight and air to adjacent properiy; sufficient space for maintenance 7989 of the building from the same lot; and prevenrion of damage to adjoining properry by fire or runoff from roofs. 7990 (f e) Off-street loading space shall be pzovided in the rear yazd in accordance with the requirements of section 63.400 7991 G2�B5. 7992 - - 7993 . - 7994 - , . 7995 (g) In the BC Community Business (Converted) District, principal structures shall not cover morethanthirry-five (35) 7996 percentofanyzoninglot,andresidentialbuildingsshallmeettheminimumlotsizeperunitrequirementsofsection 7997 66.231 for the RM2 Multipl�Family Residential District. 7998 (h4j Floor area bonuses, which encourage certain building features which produce public benefits, shall be ganted as 7999 follows: 8000 Table 66.431(fl. Business District Floor Area Bonuses 8001 8002 8003 ;11�. 8005 8006 8007 !:11 8009 For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: 8010 Arcade. An "arcade" is a continuous area open to a street or to a plaza, which is open and unobstructed to a height of not 8011 less than twelve (12) feet, is accessible to the public at all hmes, and either: 8012 (1) Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thirty (30) feet in depth 8013 (measured perpendiculaz to the front lot line or plaza boundary which it adjoins), and extends for the full length 8014 of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or 8Q 15 (2) On a comer lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an area of not less than 8016 five hundred (500) square feet and a minimum dimension of ten (10) feet. 8017 Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is 8018 higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the 8019 arcade for purposes of computing a floor area bonus. 8020 Plaza. A"plaza" is an open area accessible to the public at all times, wluch is either: 8021 (1) A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front 8022 lot line), with an area of not less than five hundred fifty (550) square feet, and extending for its entire depth along 8023 the full length of such front lot line or for a distance of at least forry (40) feet thereof, whichever is the lesser 8024 distance; or 8025 (2) A continuous open area on a through lot, extending from street to street and not less than forry (40) feet in width, 8026 measured perpendiculaz to the nearest side lot line; or 8027 (3) On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) 8028 sides by the two (2) intersecting sh lines and which has a minimum dimension of ten (10) feet; or �T-.�n�� 8029 (4) An open area of not less than four thousand (4,000) square feet, with a minimum dimension of`forry (40) feet, 8030 which is bounded on one side by a front lot line orf which is connected to the street by means of an arcade; or by 8031 an open azea of not less than thirry (30) feet wide. 8032 Except for an open area as set forth in item (4) above, no portion of such an open azea which is bounded on all sides, 8033 except for one opening, by either building walls, or building walls and a side lot line, shall be considered part of the plaza, 8034 unless the opening of such portion is at least forty (40) feet in width. 8035 A plaza shall not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be 8036 unobstructed from its lowest level to the sky, except for those obstrucrions pernutted by the planning commission. 8037 (Code 1956, § 61103; Ord. No.17204,1-15-85; Ord. No.17778, § 1,10-11-90; C.F. No. 93-1718, § 63, 12-14-93; C.F. No. 97-1089, 8038 § 5, 10-1-97; C.F. No. 00-972, 11-8-00; C.F. No. O1-501, § 3, 7-5-01) 8039 8040 8041 8042 . . . . Division 4. 66.440. Required Conditions :1' • • • : . . : . : : :1�� . •: . .. _. . . I. : . •: :.. � ' --- - :1'� �� °��. � � �� :1' :. : . : '1'. . :. .. � : •.:. :1" .. . . •:. : •. 8050 - 8051 . [Combined with §66.441 below] 8052 , , . . . - , , - - , . . - , - - 8053 Sec. 66.441. 68:5�'.r. Required conditions in the OS'-B2. Business Distriets. 8054 8055 (a�) All business establishments shall be retail or service establishments dealing directly with consumers. All goods 8056 provided on the premises shall be sold at retail on the premises where produced. 8057 (b�) All business, storage, servicing or processing shall be conducted within completely enclosed buildings�raroide� 8058 , 8059 �onaiav���, except for off-street parking, off-street loading , and ar outdoor uses specifically allaWed as 8060 permi"tted or condifional use's. 8061 (Code 1956, § 60.493; C.F. No. 92-1479, § 5, 12-15-92; C.F. No. 00-972, 11-8-00) 8062 Sec. 66.442. 66:Sr7r. Parking requirementsd�anditieas in the BC Community Business (Converted) District. 8063 In the B�C Community Business (Converted) District:�{}j, when 8064 existing buildings are convezted from residential to business use, when existing buildings are enlarged, and when new 8065 buildings are erected, off-street parldng shall be provided as follows: 8066 (a.-) Residential uses: One and one-half (1 %) spaces per dwelling unit. 8067 (b.-) All other uses: One (1) space far every four hundred (400) square feet of gross floor area or as required in section 8068 63�.200�93{gj, whichever requires the fewer number of parking spaces. 8069 (c-) Off-street parldng spaces shall not be located within a front yazd and must be set back at least two (2) feet from 8070 a side lot line. 8071 (d.-) Off-street parking faciliries on lots without principal buildings shall provide principal access from the street. .1 . . . .: . • . .. . : : �:1 : . . •. . -� ... � ..� - 8074 (Ord. No. 17062, 10-20-83; C.F. No. 92-1479, § 10, 12-15-92; C.F. No. 91-261, § 2, 11-23-93; C.F. No. 97-1089, § 7, 10-1-97; C.F. 8075 No. 99-750, § 4, 9-1-99; C.F. No. 00-972, 11-8-00) „ -� 8076 Sec. 66.443. 6�563: Required condifions in the B3 General Business District �' '�. ,,�j �� 8077 - . All business, storage, 8078 servicing or processing shall be conducted within completely enclosed buildings:, , 8079 . except for off-sireet 8080 parking, off-street loading, and ar outdoor uses specifically allowed as permitted or conditional uses �m 8081 8082 (Ord. No. 17524, § 16, 1-6-58; C.F. No. 92-1479, § 6, 12-15-92; C.F. No. 00-972, 11-8-00) 8083 Sec. 66.444. 5�3: Required condifions in the B4 Central Business District. 8084 To promote the most desirable use of land in the Central Business District in accordance with a well-conceived plan, to 8085 promote stability of commercial development, to strengthen the economic base of the city, to protect the character and 8086 pattem of desirable development, to conserve the value of land and buildings, and to protect the city's tax revenue, the 8087 following specified conditions shall be met by all uses prc�c;e�deir� in the Central Business District: 8088 (a�) They shall benefit from a Ceniral Business District locarion and are appropriate in the Central Business District. 8089 (b�) They generally do not create any significant objectionable influences. The normal operation incident to the use 8090 shall in no way diminish or impair properry values within the dish 8091 (c3) They involve products characterized by a high ratio of value to bulk, so that truck iraffic is kept to a minimum. 8092 (d�) All business, storage, servicing or processing shall be conducted within completely enclosed buildings�-roviaca; 8093 , 8094 - �nmirorr�sc, eYCept::£or off-street parking, off-street loading and ar outdoor uses specifieallq allorre� as 8095 permitted or conditional uses 8096 (e5) They encourage, because of their own character, other similar uses - , to 8097 concentrate in continuous retail frontage to the mutual advantage of both consumers and the principal pernutted 8098 uses. 8099 (ffr) They shall not require frequent vehicular or truck movements across sidewalks which will prove hazardous to 810d pedestrian and other vehicular traffic. 8101 (g3) They shall not require any manufacturing process other than that which is considered an essenfially custom 8102 manufacturing process which sha3� benefits from a Central Business District location as a result ofrequiring direct 8103 dealing with Hre eonsumers in the district. 8104 (h$) They shall not, by locating in the Central Business District, impede the norxnal and orderly development and 8105 improvement of the surrounding uses permitted m the district. 8106 (i9) They shall in all respects conform to the applicable regulations of the district. 8107 (Code 1956, § 60.513; C.F. No. 92-1479, § 8, 12-15-92; C.F. No. 00-972, 11-8-00) 8108 Sec. G6.445. fi9�5$3r. Required conditions in theBS'Central Susiness=Serviee 1)isfrict. 8109 (a) - - . All business, 8110 storage, servicing or processing shall be conducted within completely enclosedbuildings-, , , 8111 8112 exceptforoff-streetpazking,off-streetloading 8113 uses 8114 (b) . . Manufacturing uses roviriek similar in chazacter to those specificall� listed as permi}ted 8115 uses: in the Centcal Bnsiness-5ervice Diatrict may be permitted if the planning commission skxl� makes tfie 8116 foilowing findings t�be: 8117 8118 8119 (1) The use is related and reasonably necessary or convement for the satisfactory and efficient operation of the Central Business-Service District; and �.��n num�naw�m r. �vi.i�esio�.r.�uux�naw mni��ii ��w1.i. 8120 (3) The use requiresa central location in the eity to pernut efficient transportation. 8121 (C.F. No. 92-1479, § 9, 12-15-92; C.F. No. 00-972, 11-8-00) 8122 8123 8124 8125 8126 8127 ARTICLE V. 66.500. INDUSTRIAI. DISTffiCTS Division 1. 66.510. Intent ,.; . .: : . ,. 8128 Sec. 66.Sll. 69�� Intent, IR River Corridor Industrial District. "\ �� ; .. ���� - � �. 8129 The IRe� River Corridor Indushial Dish`ict is intended to provide sites for commercial, office and industrial uses in 8130 the Mississippi River corridorwhich are consistent with the comprehensive plan's river corridor plan. Within the district, 8131 buildmgs will be placed to be harmonious with surrounding buildings and uses and to protect views from adjacent 8132 districts. 8133 (Oxd No. 17511, 3, 11-12-87) 8134 . . . . 8135 . . . . 8136 . . . . [Moved to ,�66.540. Required Conditzons.] 8137 . . . . [Moved to §66.540. Required Conditions.] 8138 . . . . [Moved to �66.540. Reguired Conditions.] 8139 . . 8140 . , , - - 8141 . . . , . 8142 8143 8144 8145 �: : .: .:: . .. � ��, � / / I • • I SS���lI1TI�! %� � 8146 Sec. 6fi.512: 69:6�r Intent� I1 Light:Industrial:Di'strict. 8147 The I=1 Light Industrial District is intended to primaii�q accommodate wholesale, and warehouse �±±?�, and industrial 8148 operations whose external; physical effects are resh to the area of the district and in no manner affect4rie surrounding 8149 districts in a deh way. The I=1 District is intended to permit, along with other specified uses, the manufacturing, 8150 compounding, processing, packaging, assembly, or treahnent of fimshed or semifinished products from previously 8151 prepared material. 8152 (Code 1956, § 60.531) 8153 . . . . 8154 . . . . [Moved to §66.540. Required Conditions.] 8155 . . . . 8156 Sec. 60.615. Area, bulk, and setback requirements. 8157 8158 8159 r�.r�.r C. C 8160 Sec. 66.513. 59:63-r Intent I2-General Industrial District. U3•IO28 8161 The I=2 General Industrial District is intended primarily for manufacturing, assembling and fabricarion activities, 8162 including large scale or specialized industrial operations whose external effects will be felt in surrounding districts. The 8163 I=2 District is intended to petmit the manufachuing, processing and compounding of semifinished products from raw 8164 material and prepared material. The processing of raw material in bulk form to be used in an indusirial operarion is a� 8165 permitted use in the I=2 District. 8166 (Code 1956, § 60.541) 8167 . . . . 8168 . . . . [Moved to,�66.540. Required Condirions.] �' � - � �� : 1 .t . .� :�+ 8172 8173 ,,, �.��.T�s...� �'.�....:..�.ss.,r».z«��,��s� 8174 Sec. 66.514. 69�t: Intent, I3 Restricted Industrial District. 8175 The I=3 Restricted Industrial District is intended to provide sites for uses which are or 8176 can be objecrionable or hazardous unless surrounded by other types of industrial dish 8177 (Code 1956, § 60.551) 81�8 . . . . 8179 . . . . [Movedto,�66.540.RequiredConditions.] 8180 . . . . 8181 . . . , . 8182 8183 bivisiqn 2: 86i:520. Pr�ncipal L�sas iri�Industrial Districts 8184 8185 Secr6fi:521c: PriucipaLuses 8186 Table'66521. Principal Uses in IndustriaZDisl�zcts lists all peiiiiitted and condifional uses in the IR-I3 Indasteial 8187 Districts; and notes applioable development standards and eoriditions. 8188 Table,°66.521. PrincipaPUses.in 3nd'ustrial Distriefs • �. 8�91 8193 8194 8195 819� 8198 8199 8200 8201 8202 8203 8204 8205 8206 82�� $�U� ���1 $212 8213 8214 8215 82�7 821g 8219 8220 g221 ��23 8224 8225 8226 8228 ���� 8231 8232 8233 8234 8235 8236 8237 8238 8239 8240 8241 8242 8243 8 b��� 8248 8249 8250 8251 8��3 8254 8255 8256 8257 8Z59 8260 8261 8262 8263 � `�5���,-'.�'v���;i�9�p�� � � � i�'��x`yr1��N�v�z,����ryN� j����3"��� � � � ���� ?`��� �r �v��v7De e �b�� ��. �'i ��.�'r:, �.�,:��i�,ff�;���'�r"F,rr�''/ � /'.y ���`?' /%7��i+�'�,?✓L��a'dl'�.i "�T��r+"Fi`,¢„�','N i ��iy Fy 1 � �i,' � '� � �F � r . ,,� S r � � .�u�•„ t�' ..� , „� , f�fc.,_ � �J��� 1.;� �?�A'ca'J m.`��,�„�� �'r,�''�''��%' ��,�%�� �`.6%,'n"�:iar . ,�`��`�f'v'.�'� Hospice P P P ✓ /.,.z fr.; /y/ �... /' i' F �;/ � . t>%' , S ,�P' � i,� ' r .:�iair-s i'/ :. �., rlY, n J / . . /. . � � IIf� �llStltii�I9713� �'SPS „ C � ,. i�cea ��.i � � i F h .,.., . �_ _.w.�� ,,.�,,,,�;..,,,,._. _.:. ,_,_,.., ,.,,<.�.x �s..,..�. 2,,..,w,�r.,,.. �„ �,,. �.z, r<;.� Educational Facilities Group day caze PE P P ✓ School, grades K-12 P P P College, university, seminary, etc. P P P ✓ Trade school, arts school, dance school, etc. P P P Social, Cultural, and Recreational Facilities - Club, fratemal organization, lodge hal] P P P Public Library P P P Public and pnvate pazk, playground P P P Recreat�on, noncommercial P P P Religious Institutions Church, chapel, synagogue, place of worship P P P Rectory, parsonage P P P Convent, monastery, religious retreat P P P . :.� .m. .. �sca � ..t �vc:m _v . ��� .. .. . ._ . . .. I ; � .w ` v � �� �. . .. � °� ! .... i _. 3'`#}' •• • . �em .m.m_..m.m, .. i � . 9�ditte.. �i�Ri�h�..mJ^a:n&APk ... �Iid ���. Efi �l••• • ° 'FtIT� ilddiill_ y i y � ^vi..:' � . ���. �9''�8t{E& G ' . .��8�y Antenna, cellulaz telephone P/C P/C P P ✓ Antenna, pubhc urility microwave C C P P ✓ Anteuna, radio and television transmitting C C P P-E ✓ Antenna, satel(ite d�sh C C P P-E ✓ Elechic transformer or gas regulator substation P P P p Munic�pa] building or use P P P Municipal incinerator P P-E Power plant P F'� Public utiliry heating or cooling plant P P p Public works yard or maintenance faciliry P P p� Sewage freatment plant p p� Uriliry or public service building or yazd P P P P-E Watersupplyplant P P P p� Yazd waste site, commercial and municipal C C PE ✓ � �� :n� —..�._ m, „em� ,,�-._.. _,. '_� v � e.. . � o .�.v .a� �a� . ; ..." „ 'u,=" r m = aa�vv. ' �i .: ' .. Y _ . " �` . � : . _._ _ _ : °'E'„'�E : '� _�� _. �'�i�4:��' . ��� .._.__ _9 r � ' - i �. �: Offices Administrative office P P P Artist, photographer studio, etc. P P P Insurance office, real estate office, sales office P P P Professional office P P P Medical Facilities Clinic, medical or dental P P P Hospital P P P Medicallaboratory P P P Vetennaryclinic P P P ✓ Retail Sales and Services Genera] retai] P P P sank,creditunion P P P Business sales and servroes P P P Cuttency exchange P P P ✓ !.;� = � �Z.� 8264 8265 8266 8267 8268 8269 8270 g2�1 8272 8273 8274 82�5 8276 g2�� g2�$ 8279 828� 8281 g2g2 8283 8284 8285 828� 82$8 8289 8290 g291 8292 8293 8294 829$ ��y� 8298 8299 8300 8301 8302 8303 8304 8305 8306 8307 ��8� 8310 8��� 8313 8314 8315 8316 8317 �5���� °#i z �./y2�di��� li'�/o%r ��/ f���j`'y� r .t�6'f ��� j� /� �,�� r �� � ��'.cN ;',xv.�.ea _o �r�: �d // �/,� . 6 � � ����/� / Nif � �� ���� �� mrel �,�.,. , sv>u ., � , � , �i�,^'G�^',F�� - ��� � �,h:� ��.��,,%�',�:",�''/'/'i'�'i���",�: "z,�c';'�5�,�'a`���%���`�i'iv� ��`',.`',`i".��.�sv e1 � �' ��v'.r'�, ' �,��F ��C.c6'�''� �`���F,�' 1 ; °?"°� � � � �. c _ i G'^i�s✓ .„F Drive-through sales and services, primary and accessory P P P ✓ Dry cleaning, commercial laundry P P P Food and related goods sales P P P Food shelf P P P Gazdea center, outdoor P P P ✓ Greenhouse P� P� P£ ✓ Gun shop, shooring gallery C P P� ✓ Laundromat, self-service P P P Liquor store P P P Massage center P P P Mortuary, funeral home P P Outdoor uses, commercial C P ✓ Package delivery service P P P Pawnshop C P ✓ Photocopying P P P Post office P P P Service business P P P Service business knth showroom or workshop P P P Smal] appliance repair P P P Sma➢ engine repai% aufomotive tiencfl work P p P Tattooshop P p P Tobacco shop P P P Food aud Beverages Brew on premises store P P P Catering P P P Coffee kiosk P p P Coffeeshop,2eahouse P P P Restaurant P p p Restaurant, cazry-out-deli P P P Restaurant, fast food P/C P P ✓ Restawant, outdoor P P P ✓ Commercial Recreation, EnteHainment and Lodging Bed and breakfast residence P P P Bingo ha1L, auction hall P P P Healthlsports cl�b P P P Hotel, inn, motel P P P Indoorrecreation P P P ✓ Outdoor (drive-in) theater C P P� ✓ Race track C P P� Reception hal] P P P Steamroomlbathhousefacility P P P Theater, assembly hall, concert hall P P P Adult Entertainment Adult use C C ✓ Automobile Services Auto body shop P P P� Auto convenience mazket P P P ✓ Auw serv�ce station P P ✓ Auto specialiry store P P P ✓ Auto repair station P P ✓ 8318 8319 8320 832� 8323 ���J 8326 8327 8328 8329 8330 8331 8332 8333 8334 8335 833� 8338 8339 8340 8341 8342 8343 8344 8345 8346 8347 8348 8349 ��51 ���3 8354 8355 8356 8357 8358 8359 8360 8361 8362 8363 8364 8365 8366 8367 8368 8369 8370 8371 8372 , � y �' ��G� ,. .. r��� ,,;�'��� �; `'�t"y`�i',{� �Hi�r��� % .?''' �' � rA� i'','�i���i rJ � ._.. . �' �"'�� ���� b,,r"�„�' e�e�.°n`p�'{h�e�'��``�"v :,Y�✓%�i".,;%"1�.�',�,;.,��'�',�,.``��:aL��3.�'w'����s,.��„���'dP�9�;�'�rr�,��r�'��f��fii,%�ifii�'�l�".�"a"� rr ai�..! �,q.Y�.r' sf�..x� � `� '� .��� : G'r' �:' „r� � '�r�`?`'�F�'�'a� � �';%',�� ..i�a,sti� ��s',%`�,�..���".�" Auto sales, indoor P P Auto sales and rental, outdoor P P ✓ Caz wash P� P ✓ Parldug faciliries Pazking faciliry, commercial P P C Transportation Airport C C C Bus gazage, sffition, lot, or tumazound P P C Heliport C C C ✓ Helistop C C C C ✓ Intermodal freight yard C C ✓ Motor freight temunal C C ✓ Railroad right-of-way, transfer and storage tracks P P P P Railroad starion or ternrinal freight facility P P P C Railroad yazd or shop C C P P� Taxi dispatching maintenance and storage P p P� Limited Production, Processing and Storage Fmishing shop P P p J Limited produchon and processing P P P ✓ Mai] order house P P p Malt liquor manufacturing p P p Plastic products P P P Printing a�d publishing P P p Recycling collecrion center P p ✓ Recycling drop-off station P P p ✓ Storage facility, rental P p P� Toiletries and cosmeric manufacturing P P p Warehousing and storage P P p Wholesale establishment P P p .� - .: '.'��. •m. _ ... e. . rc _ � • .c-."iP u �:. .,;.. o - r.: - �� ... _ ��6'ag e _� � '"� v. tv . v� �;� �:m. n a m, _ :;� , ..m � �� v Light manufacturing P P P C General industdal p p� General outdoor processing C C ✓ Brewery, micro and regional P P p Brewery, narional P Concrete, asphalt and rock crushing facility C ✓ Greenhouse, industr�al P P P Hazazdous waste processmg facility C C ✓ Infecrious waste incinerator C ✓ Infectious waste processing facility C C ✓ Lumber yard P P P Mining C C Motor vehicle salvage operat�on C C ✓ Petroleum and gasoline tank fazms P Recycling processing center, indoor P P P� ✓ Recycling processing ceoter, outdoor C C ✓ Rendering plants and tanning P Reseazch, development and testing laboratory P P P Solid waste compost faciliry C C ✓ Solid waste transfer station P C 8373 8375 ��3� � 8379 Division 3. 66.530. Industrial District DensiTy and Dimensional Standards 8380 8381 . . . . 8382 8383 Sec. 66.531. Density and dimensional standards table. 8384 Table 66.531. Industrial District Dimensional Standards sets forth density and dimensional standards that are specific 8385 to Industrial Districts. These standazds are in addition to the provisions of Chapter 63. Regulations of General 8386 Applicability. 8387 Table66.531.Industrial.DistrictDimensianal�Standards E. c��'? 8389 8390 8391 8392 8393 8394 Notes to Table 66.531. 6i�B� Industrial Districts Ditnensi6nal:Sfaudards: 8395 (am) Buildings may exceed three (3) stories or thiriy (30) feet in height but only after approval by the planning 8396 commission as a condifiona] pernritte� use . No such building dwe}ling shall exceed 8397 one hundred fifty (150) feet in height. 8398 (ba) The height of tk€ structure may e�c�edYhe-maxamum 8399 building height allo�xed:in.the distriotgrovided:The=structure is �-' - wrnci�z set back from airy all exterior properry 8400 lines of the parcel, , a distance equal to the height which said 8401 structure exceeds the ma�mum bn�ldiug height e€i�ui�dirtg allowed in said the district. 8402 (cb) On those lots or pazcels, or portions of lots or parcels, which are located directly across a street or abut a side or 8403 rear lot line in any use district; other than an IR, I-1, I-2, I-3, or PV=� District, the required setbacks from said 8404 abutting districts shall be equal to a minimum of one and one-half (1%) times the height of the buildings, except 8405 as noted in section 63.1023. 8406 (de) On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required 8407 setbacks from the parkway right-of-way line shall be equal to that required far residential uses in effect along the 8408 parkway right-of-way or twenty-five (25) feet, whichever is greater. {fj-�ese The following parkways and 8409 portions of parkways ,:;` are excluded from the this setback requiremen 8410 abave: Ford Parkway (from KennetH Street to Finn StreeT and northem side betcveen Finn. Street and franr3vfaunt 8411 :� � ^ Mississippi River Boulevard)c, Gannon Road,.and Lexington Parkway (from Pierce Butler 8412 Route to the nearest Burlington Northern Railroad tracks). 8413 (ee) Where the frontage of any block is divided into two (2) or more zoning districts, the front yard requirements of the 8414 distnct with the largest front yard depth shall be applied to the enrire block frontage. 8415 (fd) Nonrequired front yards and all required and nonrequired side and rear yards shall be pemutted to be used for off- 8416 street parking. Loading and unloading shall not be permitted in any required front, side or rear yards. T �✓ � 8417 (Code 1956, § 61.104; Ord. No. 17204,1-15-85; Ord. No.17778, § 2,10-11-90; C.F. No. 92-1479, § 19, 12-15 92; C.F. No. 93-1718, 8418 § 64, 12-14-93; C.F. No. 96-462, § 7, 6-5-96) 8419 . . 8420 8421 . 8422 8423 , . 8424 {bj [Moved to Article VII. PV Vehicular Parking Dzstrict.) g425 f ej [Moved to Article vIL PV Vehicular Parking District.] 8426 �j�e}Reservec� 8427 - 8428 > , 8429 8430 - 8431 , , 8432 8433 8434 eaatre}: 8435 8436 8437 T'---' -'-- — ^ --- 8438 8439 , 8440 8441 . 8442 8443 }e� 8444 - - 8445 , , • 8446 , . , 8447 . , 8448 - 8449 . 8450 . 8451 " , . , 8452 , 8453 beha+eeir$urklings 8454 - , 8455 :� . . � E::.�,�.,_.,��. :� : : 8459 fmj [Moved to item (a) above.] ; . :•.� . . . :-. .. .. .: . .. . . . �, ... :. :-. : . . . . • . : . .. :-. . :-.- . : ::.. .: , .�. � . -. . -�� ... - 8466 8467 . 8468 (Code 1956, § 61.105; Ord. No. 17117, 3-22-84; Ord. No. 17204, 1-15-85; Ord. No.17222, § 3, 3-14-85; Ord. No. 17511, § 4, 11-12- 8469 87; C.F. No. 92-1479, § 20, 12-15-92) 8470 8471 8472 Division 4. 66.540. Required Condirions 8473 Sec. 66.541. 6@:fi�3c Required conditions in the IR-I3 Industrial Districts. 8474 - . 8475 (a3) Outdoor storage. Outdoor storage sirxH-be is permitted subject to the following conditions: 8476 (la.) Except as provided in secfion 63�.1139${fj, outdoor storage shall be no closer than three hundred (300) feet 8477 to a residential district ar to a property occupied with a one-, two-, three-, four-, townhouse or multiple- 8478 family dwelling. 8479 (2ir.) Outdoor storage shall be fenced or walled. Outdoor storage which abuts a thoroughfare, a business district 8480 or a PD district shall be behind a six-foot-high obscuring fence. However, an obscunng fence shall not be 8481 required if the outdoor storage is screened by a building or topography. On sites where the topography 8482 renders an obscuring fence ineffectual as a screen, landscape screening shall be required. 8483 (b�) Outdoor uses. In tfie II� Tl,and I3 Industrral:Districts, all business, servicing, processing or manufacturing shall 8484 be conducted withm completely enclosedbuildings-, , , 8485 . excepY foL off-sheet parldng, off-sh 8486 loading , anzl er outdooi uses �specifieally�allowed�as��permitterl=��ox conditiional��usas 84$7 84$ 8(c�) Activities mvolving storage, utilizarion or manufacture of materials or products which contain their own oxidizing 8489 agent and which decompose by detonation are not pernutted in the IR-I l Industrial Districts; provided; that stoiage 8490 of small arms ammunition `wiicn-sierca for retail sale shall be permitted; and further provided; that research, &491 medical and hospital laboratories, when operating under the direct supervision of scientifically trained personnel, 8492 may use the above material for reseazch, medical and development purposes. Such activities aze allowed in:tha I2 8493 Genaral Industrial Districtvi�heri specifically autfiorized undarthe codes and orcTinances of tlie City of SaintPanl. 8494 (Code 1956, § 60.533; Ord. No. 16913, 4-27-82; Ord. No. 17039, 7-7-83; C.F. No.92-1479, § 11, 12-15-92; C.F. No. 93-1718, § 54, 8495 12-14-93) :� � �7 � - - ���. ��- :� - . • : - .- .. �: - . . C - :'�: - .. - - : : - . - :.. - -. : :� � . - -. - -- .- -- : : - - : - � : :. --- - - --- - . .- -- - - : . - - - : . . :• . . 0: •. ... . : . � 00 . . .. � .. . � : i . : . . :. ... :.. . . . : . :. :. : •• :. : . �;.-_ sso� -� ' ° � � ssos , . i� . .. . . . - -.�- - • , .- . - . . . . , . . : � . � , . .. .. � . :. - : , _ - . . . -. - ��- � • �1 � � •� • � � 1 � • • � � � •1• � � • � � � ��� •�• � � i � - � � ' - i � n i i - i - i- - i - i •- •�-• i -- � � i - i - ' __• . _ __ •- '�� i � _ __ • ___� - � _ � _ .� _ i u _� _ _ _ �" _ i i i• iii - - •- •' �" -�• -- i i i.•� • � � - • i• • ii - iii i i -- "i - i , __ _ _ _ � _ _ _ �_ _ � i• - � • � .. ' i i• •' -- - iii - i - • •• •• - - • _ _ _ •_ •' _ �� i�_ _ _ _ _ _ •_ • I _ __ i�� i _ •. _ _ i ���• � _ _ _ _ ��i _ _ _ � � _ _ _ _ _ _ _ _ � _ _ _ _ • _ � � __ _ �. _ •:' _ . _ _ _ � •. � � ' • � _ _ •• li 1 � - 1� -�' 11 • / • � 1 � � � � 1 • • � • - � • • � • • � � • • � • • •• • • • • � , • • • � • •� • ` • � • • • • • � - - t� • • • • • • � ��• �� � • • • • • �• • • • • � • � � � • • � • • �, • • • • � • • � � 1 1 � 1 �� � I 1 1 � 1' ' 1 � • �� � 1 � . � • " �. '� • � �� � � � - �. .�� � iI � ___�_ _1.���� i• •_ __�_�_ '� •� _��� �� � �� 1� � 8547 (a4) No off-street parking facility shall be located within one hundred (100) feet of the norxnal high-water level of the 8548 Mississippi River, except river basins, unless the facility is within a completely enclosed building containing a 8549 principal uses pernutted or conditional �eipx� use . Parldng in local parks 8550 maybelocatedcloserthanonehundred(100)feettothenormalhigh-waterlevelprovidedtheparldngisadequately 8551 landscaped and the parking location has been reviewed by the planning commission and approved by the city 8552 council in a park development plan. �� �� Q 8553 (b�) In any yard which adjoins a publicly owned park, buildings may be constructed at the lot Iine suF`iject �se` �backs 8554 being provided in accordance with the table below: 8555 8556 8557 8558 8559 8560 8561 �ora.No. i�sii, § i, ii-iz-a�� Park Setbacks � �; °��. ��. �� :. ::• : .. : : �� .: . . . . : . .• . . . .. .. . . . . . :. : : .. � : . . . . . • . K . . :.. :. . : � :..• . .: . :. .. .: � ' - .. . : . : .. : 1 :• . . ..•. . .. . . : : .: . : :. ::. .. ... . ' ' .. ... . : � . .. . . :: .. . . : : ... .. .. � : . . � . :. :: . . ..: : : . . : .: :. . •� .. . • :.. .� .. . ..:• .:� : :1 . . . . 8581 . . , , - - , . . - , , - - , . . - , , - - 8582 E3.��C3 : : �. 8585 8586 85$7 8588 Sec.666.7021.Intent. ARTICL� VI. 66:600. Resexved. ARTICLE VII. 66.700. VP VEHICULARPARKI�IGDISTRICT . .: : 8589 The VP�- Vehicle Parking District is intended to permit the establishment of off-street parking faciliries to be used solely 8590 for off-street parking of private passenger vehicles as a use incidental to a principal use. The district will serve a use 8591 district which has developed without adequate off-street parking. 8592 (Code 1956, § 60.571; Ord. No. 17204, 1-15-85) 8593 Sec. 668.702�. Principal uses peraritted. 8594 Premises in such districts shall be used only for an off-street vehicular parking facility and shall be developed and 8595 maintained subject to such conditions as are hereinafter required. 8596 (Code 1956, § 60.572; Ord. No. 17204, 1-15-8�) 8597 Sec. 66�.703i65. Dimensional,sYandards Speei�kdistriets. � F ,. � n / � 8598 (ab) Lot size. The lot shall have a minimum area of four thousand (4,000) square feet and`a minimuin width of forty 8599 (40) feet. In those instances wherein a VP� District abuts a dedicated public alley of at least twenty (20) feet in 8600 width, the lot width may be reduced to twenty (20) feet and lot area to two thousand (2,000) square feet if the 8601 planning commission fmds that the alley can be used as the parldng lot maneuvering lane without conflicting with 8602 traffic. 8603 (b) Height of siructures. Structures shall have a masimum height of one (1) story and fifteen (15) feet. 8604 (c) Yard setbacks. The minimum front yard setback shall be four (4) feet. If the dish`icts adj oining the VP=} District 8605 require a geater front yard setback, the minimum frontage yazd setbacks shall be � the minimum 8606 required front yazd setback sfandards set forth in th dimensional 8607 standazds for the adjoining dish sha3�be-previde�. A visual screen shall be located on the minimum setback 8608 line. Minimum side and rear yard setbacks shall be four (4) feet. 8609 Sec. 668.704�3. Required condifions. 8610 . 8611 (a�) The pazldng facility shall be accessory to and for use in connection with one or more businesses, industries, 8612 insritutions, or multifamily residences. 8613 8614 . 8615 8616 � 8617 (b3) The parldng facility shall be used solely for parking of private passenger vehicles and shall not be used as an off- 8618 street loading area. 8619 (c�) No commercial repair work or service of any kind, or sale or display thezeof, shall be conducted in such pazking 8620 faciliry. 8621 (d5) No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on 8622 such parking facility. 8623 (e6) No building other than that for the shelter of attendants sha11 be erected upon the premises unless specifically 8624 approved by the planning administrator during site plan review. 8625 (f�) Applications far VP� Districtrezoning sha11 include a site plan which conforms to all standards set forth in section 8626 63�300i�. The planning commission may grant modifications of section 63�.3Q0}6�based on findings that such 8627 modification is consistent with the intent of the code and with the reasonable enjoyment of adjacent properry. 8628 (g&) VP�VehicularPazkingDistrictsshallbedevelopedandmaintainedinaccordancewiththerequirementsofsecrion 8629 63�.300i�#. 8630 (Code 1956, § 60.573; Ord. No. 17204, 1-15-85; C.F. No. 93-1718, § 58, 12-14-93) 8631 8632 ARTIGLE-VIII: b6.&0�;� PD�PLANNED DEVELOPMEAiT IIISTRICT * 8633 . 8634 ---------- 8635 * Editor'snote--ThissubdiwisianarticleisderivedfromCode1956,§§60.581--60.588,asfiu�theramendedbyOrd.No.17117, 8636 adopted March 22, 1984. 8637 ---------- 8638 Sec.666.801�3}.Intent. 8639 The PD Planned Development District is intended to permit more flexible and creative private or public development or 8640 redevelopment than is possible under standard zoning classifications. Planned developments shall be harmonious with 8641 the general surrounding uses, permitting flexibility in overall development while ensuring adequate safeguards and 8642 standazds for public health, safety, convenience, and general welfare. 8643 Sec. 669.802�. General requirements. �� ��2� 8644 (a) General criteria. Planned developments shall meet the following general criteria: ,' � ,� 8645 (1) Parcels considered for planned development shall contain a minimum of one and five-tenths (1.5) acres. :.�. ..� :.�: :... :. 1 8651 8652 8653 (2) The PD shall be consistent with the comprehensive plan. (3) Subdivision of land required by the development shall be concurrent with the rezoning. (4) Except for phased development as described in section 669.812�#3, all development shall be completed within three (3) years of the effective date of the rezoning acrion unless specifically extended by the city council. (5) Phasing of development is permitted. The preliminary plan shall indicate development for the total parcel for purposes of rezoning to planned development; fmal plans for separate phases shall be submitted as amendments prior to execution of each phase. 8654 (6) If phasing is used, each phase of the PD shall be able to exist as an independent unit so that the area 8655 surrounding the PD can be planned and developed in a manner compafible with the PD. 8656 (b) Procedures, fees. Rezonings to planned development shall conform to procedures set forth in �ccaen-o�w 8657 Chapter 61. Fees for petitions and applicarions hereunder shall be established by resolution of the city council. 8658 °-- ,,, ...� ,.- — °— -- 8659 Sec. 668.803�3#. Optional pre-application; sketch plan. 8660 (a) Request. Prior to proceeding with a rezoning to planned development, any person may request a pre-application 8661 conference with the office of planning administration to determine the feasibility of the plan; to determine whether 8662 or not it comphes with the comprehensive plan and city requirements and standards; and to determine scheduling 8663 ofprocedures. 8664 (b) Pre-application reguirements. For the purposes of pre-application discussions, the applicant shall submit: :.. .. . 8667 8668 8669 8670 8671 8672 8673 8674 (1) A site location map showing the relationship of the proposed planned development to surrounding uses and sh (2) A sketch plan of the proposed planned development showing: a. Dimensions of the parcel and of individual lots, if included in the PD; b. Indication of any outstanding physical characteristics of the property; c. d. e. f. Proposed uses; Residential densities; Traffic circulation patterns and off-street parldng within the development and relationship to existing streets; Phasmg schedule, if appropriate. 8675 Sec. 669.804�35. Application requirements for rezoning to Planned Development District. 8676 Rezoning to planned development requires two (2) reviews and approvals; preliminary plan and final plan; these may be 8677 combined. Applications shall include the following informafion unless specifically waived in writing by the planning 8678 administrator. 8679 Sec. 668.805�36. Preliminary plan--Application. 8680 Application requzrements. The applicant shall supply twenty (20) copies of the following: 8681 (a}) Original rezoning pefition certified as sufficient. 8682 (b�) A survey of the area to be included in the plaimed c3evelopment (1" = 100' scale). 8683 (c3) Crround vertical contour intervals of the parcel at intervals of at least two (2) feet; slopes of twelve (12) percent or 8684 greater. 8685 (d�) A prehminary site plan of the area carried out in such detail as to show the proposed land uses, densities, common 8686 open spaces, system of collector streets, off-street parking and internal circulation. The preliminary plan shall :.:: . :.:� :�'1 .. :.'_ include setbacks, building dimensions, landscaping and elevarions. If elevarion options are to be offered, that shall be stated. � � o � � � � (e5) A written summary including a descriprion of the proposed development and modifications in the requirements otherwise applicable to the property, including ' , dimensional standards, population � densities and land use intensities. In reviewing planned developments, the planningcommission may use density ' and dimensional standards for Residential, Traditional Neighborhood, and Industriai Districts as guides. Sb93 (f5) If platting is required, a sketch plan for the proposed subdivision as described in secrion 69�309. 8694 (a ) If the planned development is to be constructed in phases, a construction schedule for the completion of each phase. 8695 Sec. 669.806�. Preliminary plan--Procedure. 8696 (a) Applicarions for rezoning to planned development shall be submitted to the planning adiniuistrator. Applications 8697 shall include the required fee and twenty (20) copies of the proposal. 8698 (b) The planning comxnission shall hold a public hearing and give mailed norice to all property owners within three 8699 hundred fifry (350) feet of the proposed planned development at least ten (10) days before the hearing. 8700 (c) The planning commission shall forwazd its recommendarion to the city council, which shall also conduct a public 8701 hearing with mailed notice thereof to all property owners within three hundred fifty (350) feet of the proposed 8702 planned development at least ten (10) days before the hearing. 8703 (d) The city council may approve, deny, or approve with modifications the planned development. Approval of the 8704 preliminary plan shall be effective for a period of one year; no development shall take place therein unless the final 8705 plan is approved and adopted by the city council ar the applicant withdraws the rezoning applicarion. 8706 (e) If a final plan is not submitted within one year, the rezoning petition shall be void unless the city council grants 8707 an extension. 8708 (C.F. No. 93-1718, § 59, 12-14-93) 8709 Sec. 66@.80'7�38. Fina1 plan. 8710 (a) Application requirements. The applicant shall supply twenty (20) copies of the following: 87ll (1) Anapprovedsiteplanwhichconformstothepreliminaryplanandwhichincludesanymodificationsrequired 8712 by the city council. The site plan shall include a detailed construction and landscaping schedule, elevations 8713 and, if applicable, elevation options. 8714 (2) A preliminary plat if platting is required. 8715 8716 8717 8718 8719 8720 8721 (3) Covenants or homeowners' association agreements if apphcable. (b) Procedure. The planning administrator shall cause the final plan to be reviewed and approved in the manner set forth in section 61 �.�402$. If the final plan conforms to the preliminary plan, meets site p]an standards, and reflects all modifications as required by the city council, the planning administrator shall forward it to the city council together with a recommendation for approval or denial. If in the planning administrator's opinion the final plan does not conform to the preliminary plan or does not meet site plan standards, the planning commission may hold a heazing and give mailed notice as described in secrion 66@:806�. 8722 (c} Final approval. The city counciI shaIl give final approval of the rezoning to the planned development. Such 8723 approval shall be by ordinance. The city council may hold a public heazing. 8724 8725 8726 8727 8728 8729 (d) Plan part of ordinance; recordation; compliance. Upon approval by the city council, the final plan shall become an integral part of the ordinance creating or amending the PD District and, for ptuposes of recordation, shall be referred to as "Planned Development No. ," which number shall correspond to the number of the amending ordmance. All approved plans shall be filed with the city clerk. All development within the planned development shall be in compliance with the final plan as adopted by ordinance unless such change consritutes a minor change as described in section 66A.810�. 8730 Sec. 66@.808�39. Combining preliminary and final plans, 8731 The applicant for rezoning to planned development may submit preliminary and final application requirements together 8732 for combined review and approval. 8733 Sec. 66@.8093#6. Required Sndings. P' 8734 The planning commission and city council shall make the following findings in approving a rezoning to PD Planned 8735 Development Dish � � � � � O 8736 (a�) The proposed development is not in conflict with the comprehensive plan; eJ 8737 (b4) The proposed development is designed to provide a desirable and unified environment within its own boundaries; 8738 (c�) The proposed uses will not be detrimental to present or future land uses in the surrounding area; 8739 (d&) The exceprions to the standard requirements in the schedule of regulations are justified by the design of the 8740 development; 8741 (e5) The PD or phase thereof is of sufficient size, composirion and arrangement that its construcrion, markering and 8742 operarion make it feasible as a complete unit without dependence upon any subsequent unit; 8743 (f6) The proposed development will not create an excessive burden on parks, schools, streets, or other public faciliries 8744 and utilities which serve or are proposed serve the PD; 8745 (g�) The proposed development is consistent with the reasonable enjoyment of neighboring property. 8746 Sec. 669.810�f. Changes in final plan. 8747 (a) Minor changes. Minor changes in the locarion, design, placement and height of buildings; landscaping; uses and 8748 density; or site plan may be authorized by the planning administrator if required by engineering or other 8749 circumstances which were unforeseen at the time the final plan was approved. 8750 (b) Major changes. Changes to the final plan affecfing density, use and site plan wluch the planning administrator 8751 determines to be a major alteration of the final plan shall require amendment by the city council. 8752 (c) Amendment of the final plan. Amendments to the final plan may be approved by the city council, by ordinance, 8753 when those amendments are in substanrial agreement with the preliminary plan and when those amendments are 8754 required by changes in conditions that have occurred since the final plan was approved. In the case of a phased 8755 planned development, final plans far phases subsequent to Phase I shall be treated as amendments. 8756 The planning commission and the city council shall hold public hearings on amendments to the final plan and shall 8757 give mailed notice to all properiy owners within three hundred fifty (350) feet of the PD at least ten (10) days 8758 before the hearings. 8759 Changes to the final plan shall be recorded as amendments to the recorded copy of the final plan. 8760 Sec. 669.8113�2. Failnre to complete the planned development. 8761 All development shall be in compliance with the final plan. In the event the applicant fails to complete the develapment, 8762 the parcel reverts to its previous zoning classification. 8763 Sec. 669.812�&3. Phasing of planned development. 8764 If a planned development is to be developed in phases, the following requirements apply: 8765 (a}) The parcel shall be a minimum of five (5) acres in size. 8766 (b�) Phases shall be designed to be capable of functioning as independent units. One phase shall not preclude 8767 subsequent development of a parcel in the event the entire PD is not developed. 8768 (c3) Phase I of any PD shall constitute at least one-third of the total PD. 8769 (d#) In the case of phased development, the entire PD shall be developed within five (5) years of the rezoning unless 8770 extended by the city council. 8771 (e5) In the case of phased development, the city council may accept in heu of a final plan for the entire PD the 8772 following: a final plan for Phase I, a preliminary plan for other phasas, and a schedule of phasing. Final plans for 8773 subsequent phases shall be treated as amendments as described in secrion 66A.810�. 8774 8775 8776 8777 Chapter 67. Zoning Code - Overlay Districts : : .: : : 8779 S :1' . nrz+ilr.reva4aoi�wurwiu�mres�riee�ii�r.e�ieai�nari.r.�.�iiwiritw�m����!ar�i � 8781 Sec. 678.�101. Established; permitted parking; written consent of adjoining property owners. 8782 8783 8784 8785 8786 8787 8788 8789 There is hereby established a special overlay zoning dish witlun the City of Saint Paul to be lmown as the "State Fair Parking District," and which special dish shall be placed over the other established zoning districts as shown on the attached map, which map is made a part of the ordinance from which this section is derived as if the matter and informarion set forth thereon were all fully described herein. Notwithstanding the provisions of section 63�312}6�f}}j to the contrary, state fair parldng on residentially zoned property may be pernutted in required side and front yards only during the period of the annual Minnesota State Fair; provided, however, that state fair pazldng in required front yards will be permitted only with the written consent of the adj oining properiy owners on both sides of the subj ect front yard. Written consents must be obtained prior to the each annual state fair. 8790 (Ord. No. 17667, § 2, 7-13-89) 8791 . . - . . . 8792 8793 8794 8795 8796 . . : .; . .: : - :- - .. 8797 8798 8799 5��� ::11 : :. : : . . • . : . :1 .. : . . :: . ::1 .. . .. . : 1 : ::1 .:1 , 7 �� � ; � ° ��� - .:1� � . .. . . . • . .. ':1 : :• : : : : :• .:1. : . .. :'1' . : : � : . - : .: 1 � ... :.. . : . - . � . � :: . . - �i.F�u�bn�n��r.mm�• i • � _ • _ _ _ � _ _ _ • - � _ - i • _ _ _ _ _ � i _ _ _ ii • i i• - •- - i - i • - - - ' -- i i i n - i " - � i - i __ _ _ _ ___ _ _ __ � _ _ _ _ E i��� �����ciimaiiwwmr.��unw� ARTICLE I. 67.100. FP STATE FAIR PARKING OVERLAY DISTRICT E izH� r���nuuw�aiss•nniir.nNaini.ir.nni��Pmwr.n�iu:wba:r.inu��r.�i�m��:ni� � 8867 , . 8868 , , � 8869 . , , - - 8870 8871 8872 ---------- ,.. . .: .: - - � 8873 — - - • - . -- . 8874 . , . , , 8875 , , ... . - > , , 8876 ---------- 8877 :. : :• :::1 E�Y:31 8882 8883 Sec.679.�8201. Intent. :::� ::: .::. : . :::. .. ... :.'1 ,.: . .: :: . The uTP" Tree Preservation Overlay District is designed to preserve the essential character of those areas that are heavily wooded and in a more natural state by encouraging a resourceful and prudent approach to their development that includes minimal tree loss and mrtigation of tree removal resulting from development. The'�TPu district is further provided to reduce stormwater runoff and minimize flooding; to aid in the stabilization of soil by preventing erosion and sedimentation; to aid in the removal of carbon dioxide and the generation of oxygen in the atmosphere; and to maintain the visual screening, wind break, dust collecrion, heat and glare reduction, and noise barrier characteristics exhibited by trees. 8891 (Ord. No. 17889, § 14, 11-21-91) 8892 Sec. 678.98202. �rineipa��serpBermitted and conditionals uses. 8893 In the uTPu Tree Preservation Oeverlay Ddistrict, � permitted antrigl� and 8894 te-speeia�-conditionals uses are those specified by the eerresparcdingunderlying district . 8895 totheextentthattheyarenotprohibitedbyanyotherprovisionofthezoningcode.Theyaresubjecttostandardsspecified 8896 in the �igunderlying dishict seetion and to those specified below. 8897 (ora. No. i�sa9, § ia, ii-zi-9i) 8898 Sec. 67@.�8203. Tree preservation plan. 8899 (a) Whenpreservationplanrequiredgeneraldy. Anyapplicationforabuildingpermitthatrequirestheremovalofone 8900 (1) or more trees of twelve (12) inches DBA or larger, grading permit, fill pernvt, lot split, plat approval or any 8901 development requiring site plan review shall include a tree preservation plan, drawn to scale, for that area within 8902 the limits of disturbance. The tree preservation plan shall be certified by a Minnesota-registered land surveyor, 8903 landscape architect or forester. The plan shall be submitted to the planning administrator for review and approval. 8904 (b) Subdivisions where applicar�t for plat approval is different from other permits. In the case of a subdivision 8905 approved after designation as a"TPu district, where the applicant for plat approval and the applicant for a building, 8906 grading or fill permit are different, tree preservation plans shall be submitted as follows: 8907 (1) The applicant for plat approval shall submit a tree preservation plan for any area to be disturbed in any way 8908 for the purposes of platting and/ar site preparation. The tree preservation plan does not need to cover the 8909 buildable area of individual lots, unless the buildable area will be disturbed for site preparation. 8910 8911 8912 (c) ,, . .: : , �„ ARTICLE II. 67200. TP TREE PRESERVATION OVERLAY DISTRICT (2) The applicant for a building, grading or fill permit within a subdivision approved after designation as a uTPu district shall submit a tree preservation plan for the buildable area of the individual lot. Required information. The tree preservation plan shall include the following: ��� �� � 8913 (1) The location, diameter at breast height (DBH) and species of all existing trees six (6) inches DBH or�arger 8914 within the limits of disturbance. If the superintendent of parks deternunes tk�at the size of the parcel and the 8915 number of affected trees renders the individual idenrification of all trees unreasonable, accepted methods of 8916 forest cruising may be substituted. Where forest cmising is used, all trees in excess of twelve (12) inches 8917 DBH shall be individually idenrified. 8918 (2) The location and dimension of all buildings (existing and proposed); the locarion of easements, adjacent 8919 roadways and vehicular access driveways; exisring and proposed grading; site drainage facilities; parking 8920 areas; sidewalks and utiliries. 8921 (3) The location of all trees that v✓ill be preserved and incorporated into the proposed site design. All tree drip 8922 lines shall be noted. 8923 8924 8925 8926 (4) A description of how trees will be protected before and during conshuction. (5) The location of trees to be removed, replacement trees and areas proposed for additional landscaping, including, butnot limited to, the tree name (botanical and common); the quanrity of each species; tree caliper, measured six (6) inches aboveground; and a typical planting detail. 8927 (d) When plan not required. A tree preservarion plan shall not be required in the following cases: 8928 (1) Where the applicant can demonstrate that there are no exisring trees within the limits of disturbance. 8929 (2) Far the regular maintenance of existing public utilities. 8930 (e) No site preparation until plan approved. No cutting, clearing, digging or grading for site preparation shall be 8931 undertaken until a tree preservarion plan has been approved. 8932 (fl No removal or replacement until issuance of permit and approvals. No tree removal or replacement shall be 8933 undertaken until approval and issuance of the grading ar fill permit, plat approval or site plan approval. 8934 (g) Filing plan with planning administrator. 4Vhere a tree preservation plan is approved with the final plat, a copy of 8935 the approved tree preservation plan shall be kept on file with the planning administrator for deterniination of 8936 compliance prior to issuance of a building permit(s) at the time of construction. 8937 (Ord.No. 17889 § ia, ii-zi-9i� 8938 Sec. 67@.�8204. Selection of trees to be preserved. 8939 (a) Those trees shall be preserved that: 8940 (1) Protect and enhance the integriry of the natural environment by maintaining the natura] vegetation and 8941 topography; 8942 8943 8944 8945 8946 8947 (b) 8948 (2) Complement the project design, includmg the enhancement of building architecture and streetscape appearance; (3) Complement storxnwater management techniques; (4) Augment or do not interfere with sedimentation and erosion control designs; or (5) Are recommended for preservation by the superintendent of parks. The removal of lrees of twelve (12) inches DBH or larger, when not related to a building permit, grading permit, fill permit, lot split, plat approval or any development requiring site plan review, shall be prohibited unless: 8949 (1) The tree(s) is (are) located on parcels occupied by a main building (or a group of main buildings) and 8950 accessory buildings and determined by the property owner to be a nuisance, hazardous, diseased, dying or 8951 dead; 8952 (2) The tree(s) is (aze) being removed from commercial nurseries or horticultural properties such as tree farms, 8953 orchards or commercial forests. This exceprion shall not be interpreted to include lumber harvesfing 8954 incidental to the imminent development of land; or 8955 (3) Tree removal is approved by the superintendent of parks, and the trees aze replaced as required in secfion 8956 67A.9$208. 8957 (Ord. No. 17889, § 14, 11-21-91) 8958 Sec. 678.�$205. Protection of trees to be preserved before construction. 8959 (a) Trees or tree areas that are to be preserved shall be visibly marked prior to construction. v J� ���� 8960 (b) Protection devices shall be installed prior to construcfion and shall be shown on the approved landscape plan. 8961 Protection devices include, but are not limited to, snow fencing, board fencing, silt fencing or string and flagging. 8962 Constcucrion personnel shall be notified of the purpose and presence of the protection slevices. 8963 (c) The applicant shall arrange for an on-site inspecrion of all protection devices by the superintendent of parks prior 8964 to commencing grad'mg or construction. 8965 (Oid. No. 17889, § 14, 11-21-91) 8966 Sec. 679.9$206. Protecfion of trees to be preserved during construction. 8967 (a) Protection from grading or filling. Grading or filling shall not occur inside the drip line of trees to be preserved, 8968 unless approved by the superintendent of parks. If grading or filling inside the drip line is approved, root aeration 8969 practices and/or tree wells or walls shall be used, subject to approval by the superintendent of parks. 8970 (b) Activities prohibited within drip lines. The following acrivities shall be prohibited within the drip line ofthe tree(s) 8971 to be retained: 8972 8973 EY' ' (1) Trenching; (2) Temporary storage of any conshucrion materials or chemicals; and (3) The routing or parking of heavy equipment, including cazs, trucks, bulldozers and conshuction trailers. 8975 (c) Sediment and erosion control. All sediment and erosion-control silt fencing or straw bales shall be placed at the 8976 limits of grading ar where needed to minimize the deposition of sediment within the drip line of the protected 8977 tree(s). 897& (d) Attaching protective devices, signs, etc., to trees prohibited. No protective devices, signs, utility poles or lines, or 8979 other obj ects shall be nailed or attached to any trees that are to be preserved. 8980 (e) Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the 8981 severing of roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be 8982 prohibited. 8983 (� Other tree protection practices. Other tree protection prachces may be required at the discretion of the planning 8984 administrator and/or superintendent of parks. 8985 (g) Amendment to plan prior to removal. An amendment to the ttee preservation plan sha11 be required prior to the 8986 removal of trees that were slated for preservafion on the original tree preservation plan. 8987 (Ord. No. 17889, § 14, 11-21-91) 8988 Sec. 67 @.�&207. Protection of preserved trees after construcrion. 8989 (a) Construction baniers shall be removed from protected tree areas. 8990 (b) The applicant shall arrange an on-site inspection by the superintendent of parks for approval of post-construction 8991 tree protecrion prachces. Such approval shall be required prior to the release of any security as provided in section 8992 67A.�&209. 8993 (Ord. No. 17889, § 14, 11-21-91) 8994 Sec. 679.4$208. Replacement of trees. 8995 (a) 8996 s99� ro) 8998 8999 9000 9001 9002 Generally. While development shall retain the maximum number of trees possible, it is recognized that a certain amount of tree removal is an inevitable consequence of urban development. Replacement requirements. Trees removed for development or reasonably anticipated to be lost due to development shall be replaced according to the following requirements: (1) Individual trees of at least twetve (12) inches DBHbut less than eighteen (18) inches DBH shall 6e replaced on the basis of one (1) replacement tree for every one (1) tree removed. (2) Individual irees of at least eighteen (18) inches DBH but less than twenty-four (24) inches DBH shall be replaced on the basis of two (2) replacement trees for every one (1) tree removed. 9003 (3) Individual trees of twenty-four (24) inches DBH or lazger shall be replaced on the basis of three (3) 9004 replacement trees for every one (1) tree removed. '"' � � 1} = ;i ,v� 9005 (c) TranspZantingpermined. Treesdesignatedforremovalwithinthelimitsofdisturbancemaybeh 9006 the site and counted as replacement trees. 9007 (d) Deciduous repZacement trees. Deciduous replacement trees of nursery stock shall be at least two and one-half (2 9008 '/z) caliper inches, � of a species similar to the tree(s) lost or removed, and. 9009 meet the standards in section 63106, landscaping and 9010 plant materials. At the discrerion of the superintendent of parks, coniferous trees may replace deciduous trees that 9011 are lost or removed. 9012 (e) Coniferous replacement trees. Coniferous replacement trees shall be at least sis (6) feet in height, � of species 9013 similar to the tree(s) lost or removed, and . 9014 meet the standards in section 63.106, landscaping and plant materials. 9015 (fl Inspection. The applicant shall arrange for an on-site inspecfion of all replacement trees by the superintendent of 9016 parks prior to planting. 9017 (g) Time Zimit on planting replacement trees. Replacement trees shall be planted no more than twelve (12) months 9018 after the removal of original trees, unless an extension is granted by the superintendent ofparks. The applicant shall 9019 inform the superintendent of parks that all replacement trees have been planted, at which time the superintendent 9020 of parks shall inspect the site. 9021 (h) Off-siteplanting of�cess replacement trees. Ifthe number ofreplacement trees to be planted exceeds the number 9022 of trees that can be accommodated practically on-site, as determined by the superintendent oY parks, off-site 9023 planting may occur at locations to be determined by the applicant and the superintendent of parks, or a fee in lieu 9024 of off-site planting may be required as provided in paragraph (i) below. When determining off-site planting 9025 locations, priority shall be given to lots that are located within the uTPu Tree Preservation District and in close 9026 proximity to the lot(s) from which the trees were removed. 9027 (i) Fee in Zieu replacement trees; expenditure offunds. Where tree replacement on-site is not practical and a suitable 9028 off-site location cannot be determined and agreed upon by the applicant and the superintendent of parks, a fee in 9029 lieu thereof may be assessed for the replacement required in section 679.�$208(b). The fee amount, which shall 9030 be equal to ar greater than the value of each tree established in the latest revision of "A Guide to the Professional 9031 Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the Internafional Society of 9032 Arboriculture, plus ten (10) percent, shall be provided by the applicant and approved by the planning administrator. 9033 All funds collected shall be expended exclusively for tree planfing and maintenance as administered by the 9034 superintendent of parks. 9035 (j) 9036 9037 9038 9039 9040 9041 Replacementoforfeefortreesdesignatedforpreservationoroutsidelimitsofdisturbance. Anytreesdesignated for preservahon on the tree preseroation plan or that are outside the limits of disturbance, buY that were subsequently removed or damaged, shall be replaced at the rate of one (1) new tree for every tree lost or according to the requirements stated in section 679.�ffZ68(b), whichever is greater; or through payment of a fee in lieu thereof equal to or greater than the value of each tree lost as established in the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the Internarional Society of Arboriculture. 9042 (k) Trees for which replacement is not applicable. The provisions of section 679.�208 shall not apply to: 9043 (1) The removal of trees in areas to be occupied by buildings, private streets, driveways, areas required for 9044 accessory paxking or within a distance of fifteen (15) feet of a building foundation; .�. � i!I�Q (2) The removal of trees determined by the superintendent of parks to be hazardous, diseased, dying ar dead; (3) The removal of trees transplanted from one (1) part of a development site to another; or 9047 (4) The xemoval of trees from commercial nurseries or horticultural properties such as tree fanns, orchards or 9048 commercial farests. This exception shall not be interpreted to include lumber harvesting incidental to the 9049 imminent development of land. 9050 (Oxd. No. 17889, § 14, I1-21-41) 9051 Sec. 679.9$209. Security agreement. =, ._ 9052 (a) Before the tree preservation plan is approved, the applicant shall file a performance bond, letter of cre'�it � o�r 9053 escrow deposit equal to one hundred twenty-five (125) percent of the value of each replacement tree shown on the 9054 tree preservation plan as established in the latest version of "A Guide to the Professional Evaluation of Landscape 9055 Tree, Specimen Shrubs and Evergreens," prepazed by the International Society of Arboriculture. At the discrerion 9056 of the zoning administrator, additional security may be required in accordance with section 678.�$208(�i). 9057 (b) Release of the securily shall be as provided in secrion 61�.104$(f?). 9058 (c) In the case of a subdivision approved after the effective date of this secrion where the applicant for plat approval 9059 and the applicant for a building, grading or fill permit are different, two (2) separate securiries shall be filed. The 9060 applicant for plat approval shall file one (1) at the rime of platting; the applicant for a building, gading or fill 9061 permit to develop the individual lots shall file one (1) at the rime of pemut approval. The amount of the security 9062 in each case shall be as required in paragraph (a) above. 9063 (Ord. No. 17889, § 14, 11-21-91) 9064 Sec.678.�9210. Penalty. 9065 9066 9067 9068 9069 9070 The removal of trees in violation of this subdivision shall be consritute a petty misdemeanor and subject to a fine as specified in section 1.05 of this Code. In determining the amount of the fine, the court is requested to take into consideration the value of the tree(s) removed as established in the latest version of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepazed by the International Society of Arboriculture, plus the cost to replace the tree(s). The unapproved removal of each tree shall constitute a separate violation. 9071 (ora.rro. 1�ss9, § 1a, ii-zi-9i) 9072 9073 9074 --------- . : .:::• . . - : rl - - - -- - - - - •1 . .� _ rl : al ` �0:� � �� .�� : .� 9080 9081 9082 9083 9084 9085 9086 9087 9088 9089 : : � : . : .. . . . .: .: :. : .. • � . :. : . :. : :. : � .. : . .: . :: — . : : : : . . . :.. :., . : � :: . • :. .. . . : : • . � . : . .. : . .. .: . . . • : • : :. . .. : : : .: . . � : : : ... :. '�'� • 1 1 � i 1 1 �I 11 :� 1�il1�l��l�Il���IA�Y�' " � 9oJ� 9093 9094 9095 9096 9097 �IfllillE�R�!lI�I�RwA�.�fRf�l�rfll�_R�i�f .flA�i!}�I�f • � •• � • • • • I. "�• • • -� �• . . : . . : . . . . . :. . : . :. .: . . :. . . . . � :. �.. . . .: . : : . .: . _ :. .�.• . . ,o :° •� �� � �����° .�• : : ' 11 , . :. . .. .. : � ,. � � . .. . . , . � � . . . , . .• . ��. . . �� . : :. .. � � . . , ., . . : . . :: . � �. . . . . .. .. . � ,' - � �: . .: , . . .. : . :. ::: . . . � �� : . ., . � � .: . . .. .. . :. . . ' . . . .:, „ . . . - . . •. ... . ... .. � ' , . ... . . .. . . . .. � . :.: �: . ... . ' . . . ... . .. ... . . . .. , : . ..: . . . .. . . ... . .. , : , . . : � � .. . .. .. .. . .: . • . . ..,. . .. . . .; . : . ... . :. : �. : . . � :. - - • . .. . . . ' : :, . . _ : : . ... :. . .. : :. .. . : . . . : • .. . . . . . . : . . . : , . .• . . . ..: .: : : . . : . . :. : : : , .. � .. . . : .. �.. . . .: . :. • �: : , .. :.. : : . • . : . : .. �. :. : : . . :.. . . . :. . • . . . - _. . :.. . . . . ..�. . .: . � � - .• :.. .. ;. .. �. . , .: • �. : . � -- :. �.� �. .. . . . . : : . ,. . . : . 9147 . . �� � � � � � � 9148 , 9149 be-maci�; 9150 � . . 9152 . . . . . � ° .. ..• .. . .. •. . . � .. .. •. .. : � . .. . . . : . : ... � . :. . .. . �. �. ' . : . • : ;� : . 9157 . . - , , - - 9158 :'� 9160 9161 9162 9163 ARTICLE III. 67300. SD SHEPARD DAVERN COMMERCIAL AND RESIDENTIAL REDEVELOPMENT OVERLAY DISTffiCT ��A..�...����..�� ,,,.�,,,.,.�s.,,�.......-.......,.,�,,.,..��..�:,.. �SIII(�l(6ift�ItSi�(TIRff�t�AiR({A�liSf1�\\ATRN(ASU�//(AA/S��l[A/SIp�/ lIA)�III�I 9164 Sec. 679.30194@. General provisions. 9165 (a) Establishmentofredevelopmentoverlaydistricts; intent. ThereareherebyestablishedwithintheCityofSaintPaul 9166 special zoning districts which shall be lmown as the SDC Shepazd Davem Commercial Redevelopment Overlay 9167 District �S�Ej and the SDR Shepard Davern Residential Redevelopment Overlay Distzict {$BI�j. These 9168 redevelopment overlay districts are established to maintain a unique character, to promote economic development 9169 potential,toencouragedevelopmentofurbanvillageswithpedestrianandtransitorienteddesign,topromotexnixed 9170 use development, and to protect public health, safety and welfare within the designated districts. 9171 (b) Relationship to other applicable regulations. Property located within a redevelopment overlay district shall be 9172 subject to the provisions of the primary zoning district, existing overlay districts and the new redevelopment 9173 overlaydistrict.Becauseredevelopmentoverlaydistrictregularionsmaybemoreorlessresri 9174 zoning district and existing overlay districts, where provisions of the redevelopment overlay district conflict with 9175 either the primary zoning district or the existing overlay district, the provisions of the redevelopment overlay 9176 district shall govern. 9177 (c) Established boundaries. Redevelopment overlay district boundaries shall be as specified in the individual 9178 redevelopment overlay district regulations. The redevelopment overlay district desigiation shall be shown on the 9179 zoning map �Atfaeimre�j in addition to the underlying zoning district designation �ei�anerrt-Bj. 9180 (C.F. No. 99-1165, § 1, 12-22-99) 9181 Sec. 67B.30292$. SDC Shepard Davern Commercial Redevelopment Overlay District. 9182 (a) Purpose. The SDC Shepard Davern Commercial Redevelopment District ¢S�J is an overlay district designed to 9183 promote the redevelopment of the area into a mixed use urban district combining commercial uses, hospitality 9184 facilities and housing. Redevelopment in the district shall be designed to enhance the livability of the area, to 9185 reduce adverse traffic and parldng conditions and to create building uses and space consistent and compatible with 9186 the azchitecture of Saint Paul and the scenic features of the area. The district is also designed to increase green 9187 space and masimize vegetative plantings throughout the distnct and provide tree lined corridors along West 9188 Seventh, Shepard Road and the proposed Edgcumbe Pazkway. 9189 (b) Establiskedboundaries. TheboundariesoftheSDCShepardDavernCommercialRedevelopmentOverlayDistrict 9190 shall be the azea shown on the official zoning map. 9191 (c) Permitted uses. In addirion to the uses permitted within the primary zoning district, the following uses shall be 9192 permitted in the SDC Shepard Davern Commercial Redevelopment Overlay District: 9193 (1) Hotels and hotel conference facilities. All hotels shall be at least three (3) ston in heigh'E and�ve a 9194 minimum of one hundred (100) rooms. Patron access to hotel rooms shall only be provided by a central 9195 interior corridor. 9196 (2) Higher density mulfiple family housing with or without mixed commercial uses. 9197 (d) Prohibited uses. The following uses shall be prohibited in the SDC Shepard Davern Commercial Redevelopment 9198 Overlay District: 9199 (1) Automobile sales and service centers, auto convenience markets, auto service stations and auto specialty 9200 stores. Exceprions are those auto convenience markets and auto service states that are not freestanding and 9201 are integrated into either hotel, office, or parking ramp structures. 9202 9203 9204 9205 9206 9207 9208 9209 �2) � (4) Currency exchange businesses. (5) Pawn shops. (6) Community and transitional residential facilities. (7) Veterinary clinics. (8) Cellular telephone antennas not located on an exisring structure. (9) Freestanding liquor establishments. Freestanding and drive thru fast food restaurants. Recycling drop off starions. 9210 (e) Building regulations. The following building regulations shall pertain to the SDC Shepard Davern Commercial 9211 Redevelopment Overlay dish 9212 9213 9214 9215 9216 9217 9218 (1) Minimumredevelopment site size shall be as follows: a. The area bounded by West 7th Street, Davern Street and Norfolk Avenue shall be developed as one site. b. Within the remainder of the overlay district, the minimum redevelopment site size shall be one (1) acte. �Z) (3) (4) Building heights shall be limited to six (6) stories and not exceed sizty-five (65) feet outside the river corridor zone. The maximum fioor azea ratio shall be three (3). Front setbacks shall be as follows: 9219 a. Shepard Road shall have a minimum setback of 25 feet with a planned canopy of trees. Canopy trees 9220 are recommended to be spaced no more than 30 feet apart with allowances for entries and signage view 9221 corridors. Infilllandscaping to include understory trees or shrubs with at least fifty (50) percent of all 9222 species native to Minnesota. Driveway cuts onto Shepard Road are discouraged. 9223 b. Edgcumbe Parkway shall have a minimum setback of 20 feet with a planned canopy of trees. Canopy 9224 trees ue recommended to be spaced no more than 30 feet apart with allowances for entries and signage 9225 view corridors. Infill landscaping to include understory trees or shrubs with at least fifty (50) percent 9226 of all species narive to Minnesota. 9227 a West 7th Sstreet from Mississippi River Boulevard to Wheeler Street shall have a minimum setback of 9228 25 feet with a planned canopy of trees. Canopy trees are recommended to be spaced no more than 30 9229 feet apart with allowances for entries and signage view conidors. Infill landscaping to include 9230 understory trees or shrubs with at least fifty (50) percent of all species native to Minnesota. 9231 d. West 7th Sstreet from Wheeler to Davern Street shall have a setback not to exceed 25 feet. Infi11 9232 landscaping to include canopy trees, understory trees or shrubs with at least fifty (50) percent of all 9233 species native to Minnesota. 9234 e. Front setbacks on the remainder of West 7th Seventh Street shall not exceed twenty-five (25) £eet. Infill 9235 landscaping to include understory trees or shrubs with at least fifty (50) percent of all species native to 9236 Minnesota. 9237 £ Front setbacks on Davern Sstreet shall not exceed twenty-five (25) feet. Infi111a�dS�apin�todi�l�Sde 9238 understory trees or shrubs with at least fifty (50) percent of al] species native to Minnesota. 9239 9240 9241 9242 9243 9244 9245 9246 9247 9248 9249 9250 9251 9252 9253 9254 9255 9256 9257 9258 9259 9260 9261 9262 9263 9264 9265 9266 9267 926s �fl 9269 (5) Side setbacks shall be a minimum of ten (10) feet on all sides. Infill landscaping to include understory trees or shrubs with at least fifiy (50) percent of all species narive to Minnesota. (6) At least fifty (50) percent ofthe Edgcumbe Parkway and Davern Street frontage shall be fronted by buildings. (7) Buildings on Edgcumbe Parkway, Davem Street and West 7th Street shall have at least one (1) prominent pedestrian entry oriented to the pazkway or street. (8) Building design and materials shall enhance the historic and scenic character of this area of Saint Paul, with appropriate xelarionships to Fort Snelling and Fort Road (W 7th), as follows (refer to illustration or diagram on file in the office of the city clerk): a. For buildings greaterthan three (3) stories, a cornice line shall be established defining the building base, located approximately one-third (1/3) of the distance from where the building meets the ground to the top of the building; b. A comice line shall be established defining the top of the building; a Cornices shall be allowed to project over the public right-of-way line, but not more than fifteen (15) inches; d. The building base shall be faced in stone, brick/masonry, or a material equal or better in quality; no cement block is allowed. e. The building's exterior primary building material shall be faced in durable, mamtainable materials in keeping with the character of Fort Snelling (stone, brick/masonry, architecturally finished precast concrete, stucco or similar materials equal ar better in quality). Materials such as unfinished concrete, concrete blocks, corrugated or sheetmetal, wood or wood composite materials, tile panels andreflective materials are prohibited; f. At least twenty-five (25) percent of the first floor facade of any nonresidential use that faces a public street shall be windows or doors of clear or lightly hnted glass that allows views into and out of the building; highly reflective glass is prohibited; g. Windows should be set into the extenor wall, with no more than forty (40) percent of the total exterior envelope being glass; continuous bands of windows are prohibited. (9) Trash receptacles and storage shall be located within all buildings. (10) Outdoor storage of products, equipment and materials is prohibited. (11) Chain link and barb wire fencing are prohibited. Prohibited on premise signs. The following on-premise business signs shall be prohibited in the SDC Shepard Davern Commercial Redevelopment Overlay Dishiet: 9270 (1) Freestanding signs with the exception of ground signs that have two (2) pillars and a maximum height of six 9271 (6) feet. Ground signs shall be built with the same exterior building materials as the building and shall not 9272 be illuminated with back lighted panels. 9273 (2) Backlighted awning signs. 9274 (3) Projecring signs. 9275 (4) Flashing signs and electronic message signs. 9276 (5) Temporary or portable signs, except that merchant sign placards which sit on the sidewalk and are stored 9277 indoors are pexxnitted during business hours as long as the sidewalk is not blocked or reduced to less than 9278 five (5) feet. 9279 (6) Roof signs. 9280 (7) Advertising signs, billboards and business signs that advertise products. 9281 (8) Pennants, banners and triangular signs attached to strings. -� ,�:. 9282 (g) Prohibited off-premise signs. All off-premise advertising signs, for example, billboards, bus bench signs, and bus 9283 shelter signs, shall be prohibited in the SDC Shepard Davern Commercial Redevelopment Overlay District. 9284 (h) Wall signs. � � _ � � � � 9285 (1) Wall signs shall cover neither windows or architectural him and detail. They should be located on the bands 9286 of building facades, over the entry, over windows or between windows. 9287 9288 9289 9290 9291 (2) VJall signs located above twenty (20) feet in height shall be limited as follows: a. Only one (1) sign per building. b. Shall not face the Mississippi River. c. Shall be limited to the corporate/business name or logo. d. Shall not exceed seventy five (75) square feet. 9292 e. Shall not be illuminated with back lighted panels. 9293 (i) Window signs. 9294 9295 4296 9297 (1) Permanent window signs, without advertising, may be painted on the surface of the window. Such signs shall not exceed ten (10) percent of the window glass area. (2) Temporary window signs, without advertising, may be affixed to the inside of the window. Such signs shall not be in place longer than thirty (30) days and shall not exceed ten (10) percent of the window glass area. 9298 (j) Public sidewalks. All frontages along public streets sk�all have minimum six-foot sidewalks and tree planted 9299 boulevards, with street h spaced an average of one every thirty (30) feet. Spacing and growing medium far the 9300 boulevazd trees should be designed for plant health. Any such trees must be selected for heat, deicing salt, soil 9301 compaction and drought tolerance. Along West 7th Street brick pavers shall be integrated in to the sidewalks at 9302 intersecrion corners (refer to illustrarion ar diagram on file in the office of the city clerk). 9303 (k) Accessory parking regulations. The following accessory puking regulations shall apply to the SDC 5hepard 9304 Davem Commercial Redevalopmeut Overlay District: 9305 9306 9307 9308 9309 9310 9311 9312 9313 9314 9315 (1) Location: A11 on site accessory parking areas and sttuctures shall be locaYed to the side ar rea�- of the principal building or use served. (2) Quantity: Parlang shall be provided as the zoning requires for each use, except as follows: a. For commercial or retail uses, if a transit shelter is provided on site then required parking spaces shall be reduced by five (5) percent but not to exceed five (5) spaces total; b. For commercial or retail uses, required pazking may be reduced by the establishment of a parking district for the purposes of sharing parldng within one shopping or entertainment area; parldng areas must be cleazly identified and provided with dedicated pedestrian links to the street; the establishment of a parldng district to allow a reduction in parking required shall be subject to review and approval by the planning commission. The development of shared pazldng is encouraged subject to the provisions of section 63�.200�93. 9316 (3) Pazking areas fronting along public street shall comply with the following: 9317 9318 9319 9320 9321 9322 9323 9324 9325 9326 9327 a. A landscaped setback area ofat least fifteen (15) feet on West 7th Street and Davem Street, twenty (20) feet on Edgcuxnbe Parl.�vay, twenty five (25)feet on Shepard Road and containing evergreen or deciduous shrubs that form a continuous screen three (3) feet in height withm two (2) yeazs shall be provided between the parldng area and public sidewalk. Landscaped areas shall be irrigated by underground watering systems. The city zoning administrator may approve the substiturion of a decorarive fence, masonry wall, berm or similar architectural feature in lieu of up to sixty (60) percent of planted materials. Along West 7th �eveirtk Street, there shall be wrought iron fencing three (3) feet high. b. One canopy tree at least three (3) inches in caliper and one evergreen tree at least two and one-half (2 '/z) inches in caliper shall be provided for every thirty (30) feet of parking lot frontage. Trees shall be planted in the landscaped area between the parking area and sidewalk. 9328 9329 9330 9331 9332 9333 9334 9335 9336 T�� (4) For all pazking lots which exceed one hundred (100) cazs, an area equal to a min mum of�en (1�} �rcent of the paved parldng area shall be provided for interior landscaped islands. For all parking lots with thirry- five (35) to one hundred (100) cazs, an azea equal to a minimum of five (5) percent of the paved parking area shall be provided for interior landscaped islands. Interior landscaping shall be not less than forry (40) percent evergreens and shall include canopy trees in islands which exceed one hundred (100) square feet. Parking lot trees must be selected for heat, deicang salt, soil compaction, and drought tolerance and are to have a ground layer of organic mulch and/or massing of shrubs or living gound covers which will be managed to tolerate site conditions. (5) Parking structures fronting along public streets shall comply with the following: 9337 a. Durable maintainable materials (stone, brick, architecturally finished precast concrete or similar 9338 materials equal or better in quality) shall be used for parking shucture exteriors. 9339 b. A landscaped setback area of at least fifteen (15) feet on West 7th 8everrth Sh and Davem Street, 9340 twenry (20) feet on Edgcumbe Parkway, and twenty-five feet on Shepazd Road shall be provided 9341 between the pazldng structure and public sidewalk. Landscaped azeas shall be irrigated by underground 9342 watering systems. 9343 c. One (1) canopy tree at least three (3) inches in caliper and one (1) evergreen tree at least two and one- 9344 half (2 %z) inches in caliper shall be provided for every thirty (30) feet of parldng structure frontage. 9345 Trees shall be planted between the parking shucture and the sidewalk, or between the sidewalk and the 9346 street. 9347 (1) Landscaping regulations. 9348 9349 9350 9351 9352 9353 9354 9355 9356 (1) At least fifty (50) percent of all landscaped areas should be planted with species native to Minnesota. (2) Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthom and Tartarian honeysuckle. (3) Wherever possible, connect new landscape areas to existing or neighboring planted areas for landscape connectivity. (4) In areas of screening, the landscaping shall favor planfing beds of trees with shrubs in order to have upper and lower plant material. (5) (6) The greatest extent possible, exisfing healthy native trees and vegetafion shall be retained. Canopy trees are defined as achieving a height of at least fifty (50) feet at maturity. 9357 (7) When h are sited in areas where they can be damaged, they shall be protected through such measures as 9358 staking, flagging or curbing. 9359 (C.F. No. 99-1165, § 1, 12-22-99) 9360 Sec. 69A. �303. SDR Shepard Davern Residential Redevelopment Overlay District. 9361 (a) Purpose. The SDR Shepard Davern Residential Redeveloprnent District �'sBRj is an overlay district designed to 9362 promote the redevelopment of the area into an urban village residential district by mixing attracrive examples of 9363 higher density mulriple family housing with pedestrian-friendly streets and community ameniries. � � ii • •i ' �� �. ' � �' . � �. _ � ''�' ' �� • ' � � �' ' � ' � • . � � � . . - r : . - . . _ . _ _ . _ _ . . • _ � • : � • � � �i i "i •i i --- � � i. - - - -_ - � � • i ii • V � i -- -�' i� - i - . r" ii i -- r'" - � - - ir�' - � - � •i i� V i -- i�' -�:- i . i �: 'i:• i ii i - ' �- . . • ��. _ ' _ _ • � _ _ _ _ "_ -, ,,. , p 9374 (c$) Building regulations. The following building regulations shall pertain to the SDR Shepard Davem Resi�denrial 9375 Redevelopment Overlay dishict. _ 9376 (1) Building heights shall be limited to six (6) stories but not exceed sixty-five (65) feet outside the river corridor 9377 zone. 9378 9379 9380 9381 9382 9383 9384 9385 9386 9387 r' ': (2) Minimum site size shaIl be two (2) acres. (3) The total number of rooms (not including kitchen, dining and sanitary facilities) shall not be more than Yhe area of the parcel in square feet, divided by five hundred twenty five (525). (4) The maYimum percent of a lot occupied by main building shall be forry-five (45) percent. (5) All buildings shall have at least one (1) prominent pedestrian enhy oriented to the parkway or street. (6) Building design and materials shall enhance the historic character of this area of St Paul, with appropriate relationships to Fort Snelling and Fort Road (W 7th), as follows: a. A cornice or material trim line shall be established defining the building base as approximately the first floor; b. A cornice line or eave line shall be established defining the top of the building; a The building base shall be faced in stone, masonry, or a material equal or better in quality; 9389 d. The building's exterior primary building material shall be faced in durable, maintainable materials in 9390 keeping with the character of the existing residential areas; materials such as unfinished concrete, 9391 concrete blocks, corrugated or sheet metal, wood composite materials, tile panels and reflective 9392 materials are prohibited; 9393 e. Buildings shall avoid blank street walls. 9394 9395 9396 9397 9398 f. Where possible the first floor facade facing a public street shall have windows or doors of cleaz or lightly tinted glass that allows views into and out of the building; highly reflective glass is prohibited. g. Trash receptacles and service azeas or entries shall be screened with the same materials used on the building exterior. h. Cham link and barb Hnre fencmg is prohibited. 9399 (de) Public sidewalTrs. All frontages along public streets shall have minimum six-foot sidewalks and tree-planted 9400 boulevards, with street trees spaced an average of one (1) every thirty (30) feet. Spacing and growing medium for 9401 the boulevard trees should be designed for plant heakh. Any such trees must be selected for heat, deicing salt, soil 9402 compacrion and drought tolerance. Along West 7th Street brick pavers shall be integrated into the sidewalks at 9403 intersection corners. 9404 (e� Accessory parking regulations. The following accessory parking regulations shall apply to the SDR Shepard 9405 Davern Residential Redevelopment Overlay Distnct: 9406 (1) Location. All on site accessory parking areas and structures shall be located to the side or rear of the 9407 principal building or use served. 9408 (2) Parking areas fronfing along public streets shall comply with the following: 9409 a. A landscaped front setback azea of atleast riventy-five (25) feet containing evergreen or deciduous 9410 shrubs that form a continuous screen three (3) feet in height within two (2) years shall be provided 9411 between the parking area and the pubhc sidewalk. Landscaped area shall be irrigated by underground 9412 watering systems. The city zoning administrator may consider the substitution of a decarative fence, 9413 masonry wall, berm or similar architectural feature in lieu of planted materials. 9414 b. One (1) canopy tree at least three (3) inches in caliper and one (1) evexgreen tree at least two and one- 9415 half (2 %z) inches in caliper shall be provided for every thirty (30) feet of parldng lot frontage. Trees 9416 shall be planted in the landscape between the parking area and sidewalk. 9417 (3) Parldng structures fronting along public streets shall comply with the following: 9418 a. Durable maintainable materials (stone, brick, azchitecturally finished precast concrete or similar 9419 materials equal or better in quality) shall be used far parking shucture exteriors. ���� 9420 b. A landscaped setback azea of at least twenty-five (25) feet shall be provided between the pazldng 9421 structure and public sidewalk. Landscaped areas shall be irrigated by undexground watering systems. 9422 c. One (1) canopy tree at least three (3) inches in caliper and one (1) evergreen tree at least two and one- 9423 half (2 %z) inches in caliper shall be provided for every thirty (30) feet of parking structure frontage. 9424 Trees shall be planted between the pazking structure and the sidewalk, or beriveen the sidewalk and the 9425 street. 9426 (4) For all parking lots that exceed one hundred (100) cars, an area equal to a minimum of ten (10) percent of 9427 the paved pazking area shall be provided for interior landscaped islands. For all parldng lots thirty-five (35) 9428 to one hundred (100) cazs, an area equal to a minimum of five (5) percent of the paved parldng area shall be 9429 provided for interior landscaped islands. Interior landscaping shall be not less than forty (40) percent 9430 evergreens and shall include canopy trees in islands which exceed 100 square feet. Parking lot trees must be 9431 selected for heat, deicing salt, soil compaction, and drought tolerance and are to have a ground layer of 9432 organic mulch and/or massing of shrubs or living ground covers which will be managed to tolerate site 9433 conditions. 9434 (fg) Landscaping regulations. 9435 (1) At least fifty (50) percent of all landscaped areas should be planted with species native to Minnesota. 9436 (2) 9437 9438 (3) 9439 9440 9441 9442 Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthorn and Tartarian honeysuckle. Wherever possible, connect new landscape areas to existing or neighboring planted areas far landscape connechvity. (4) In areas of screening, the landscaping shall favor planting beds of trees with shrubs in order to have upper and lower plant material. (5) To the greatest extent possible, existing healthy native trees and vegetarion shall be retained. 9443 (6) Canopy trees are defined as achieving a height of at least fifty (50) feet at maturity. 9444 (7) When trees are sited in azeas where they can be damaged, they shall be protected through such measures as 9445 staking, flagging or curbing. 9446 (C.F. No. 99-1165, § I, 12-22-99) 9447 .,,, 9449 9450 ��� I�nntrrAVw�ana�� Rriiwwi �yyis.rt�itwe+s:�var�eeai�vvasr�ii ri�iRw 9451 Sec. 61A.95401. General provisions. 9452 (a) Establishment of overlay district; intent. There is hereby established within the city a special zonmg district 9453 which shall be lmown as the WB White Bear Avenue Overlay District �B$j. This district is established to 9454 implement the White Bear Avenue Small Area P1an, maintain a unique character, to promote mixed use 9455 development, and to protect public health, safety and welfare within the designated district. 9456 (b) Relationship to other applicable regulations. Property located within the overlay district shall be sub�ect to the 9457 provisions of the primary zoning district and the new overlay dishict. Because overlay district regulations may 9458 be more or less restrictive than the primary zoning district, where provisions of the overlay district conflict with 9459 the primary zoning district, the provisions of the overlay district shall govern. 9460 (c) Established boundaries. Overlay district boundaries shall be as specified in the overlay district regulat�ons. The 9461 overlay district designation shall be shown on the zoning map fAfifae�mierr�kj in addition to the underlying 9462 zoning district designation , , 9463 (C.F. No. 01-612, § 2, 7-11-01) ARTICLE IV, 69.400. WB WHITB BEAR AVENTJE.OVERI,AY DISTRICT 9464 Sec. 678.§5402. WB White Bear Avenue Overlay District. 9465 (a) Purpose. The WB White Beaz Avenue Overlay District (3�9Bj is designed to facilitate implementation of 9466 recommendations in the White Beaz Avenue Small Area Plan. Redevelopment in the district shall be designed ..�, ���� 9467 to enhance the livability of the area, to reduce adverse traffic and parking conditions and to cre`ate bmlcl�ng uses 4468 and space consistent and compatible with the azchitecture of Saint Paul. 9469 (b) 9470 9471 (c) 9472 9473 9474 9475 9476 9477 9478 9479 Established boundaries. The boundaries of the WB White Bear Avenue Overlay District shall be the azea shown on the official zoning map. Prohibited uses. The following uses shall be prohibited in the WB White Bear Avenue Overlay District: (1) Currency exchange businesses. (2) Pawn shops. (3) Cellular telephone antennas not located on an exisring struchue. (4) Finishing shops. (5) Recycling collectian centers. (6) Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats,.- �except that caz rental offices with 6 or fewer passenger vehicles xnay be pennirted, subject to a speeia} conditional use pemut. 9480 (d) Building regz�lations. The following building regulations shall pertain to the WB White Bear Avenue Overlay 9481 District. ,; .,� .,,, .'�: 9486 9487 9488 9489 9490 9491 9492 9493 9494 (1) Commercial buildings should be built as close to the sidewalk as possible. (2) Fencing on White Bear Avenue shall: a.(ij Act as a unifying element on the street, with commercial and residential designs relating to each other. b. c. d. {iij Be adaptable, e.g. fencing might top a wall or be freestanding; {riij Be constructed of high quality and low maintenance materials, e.g. wood for residential uses and ornamental iron for institutional and business uses (not including chain link fencing); fivj Relate to the street by limiting maximum heights along White Bear Avenue to three (3) feet. (3) Walls shall be: a.�ij Constructed of high quality, low maintenance materials, including natural stone and precast concrete systems; � c. {iij Compatible with their surroundings; {iiij Capable of being integrated with fencing and landscape materials. 9495 (e) Accessory parking regulations. The following accessory parking regulations shall apply to the WB White Bear 9496 Avenue Overlay District: 9497 (1) Locarion: All on site accessory parking areas and structures shall be located to the side or reaz of the 9498 principal6uilding or use served. Buildings on corner lots shall, to the extent possible, locate the principal 9499 building at the comer with accessory parking to the side and rear. Buildings on lots with frontage on 9500 three or more sides shall develop a plan that best meets the goals and intent of the White Bear Avenue 9501 Small Area Plan and this overly district. 9502 (2) Quanfity: Parking shall be provided as the zomng requires far each use, except as follows: 9503 9504 9505 9506 9507 9508 9509 a.{ij For retail, medical, service and office uses, if a transit shelter is provided on site then required pafldng spaces shall be reduced by five (5) percent but not to exceed five (5) spaces total; b. �rij For retail, medical, service, and office uses, required parking may be reduced by the establishment of a parldng district for the purposes of sharing parldng within one shopping area; parking areas must be clearly identified and provided wlth dedicated pedestrian links to the street; the establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the planning commission. 9510 a {irij The development of shared pazking is allowed as regulated in sections 65A.732�}3{}Sj and 9511 63�.49320b{g)(�j. Additionally, medical and service uses may participate in a shared pazldng � � � � 9512 agreement provided that it can be demonstrated that there will be adequate parldng in comb �tion 9513 with the other uses listed in section 63�.}83206(g)(�j. 9514 9515 9516 9517 b. {i'rJ A landscaped setback azea of at ]east five (5) feet shall be provided between the parldng 9518 structure and public sidewalk. Landscaped areas shall be irrigated by underground watering 9519 systems. (3) Parking slructures fronting along public streets shall comply with the following: a.(ij Durable maintainable materials (stone, brick, architecturally finished precast conerete or similar materials equal or better in quality) shall be used for pazking structure exteriors. 9520 (� Landscaping regulations. Street trees and landscaping must be desi�ed with the long term health of the plants 9521 in mind. Street trees should be planted along the entire length of White Bear Avenue, making sure that there is 9522 sufficient room for root growth and including an irrigation system when necessary. Generous planring beds are 9523 preferable to tree grates. Other landscaping should be hardy and primarily narive. 9524 (1) �2) (3) At least fifry (50) percent of all landscaped azeas should be planted with species nafive to Minnesota. 9525 9526 9527 9528 9529 9530 Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthorn and Tartarian honeysuckle. Wherever possible, connect new landscape azeas to exisring or neighboring planted areas for landscape connectivity. (4) In areas of screening, the landscaping shall favor planring beds of trees with sluubs in order to have upper and lower plant material. 9531 (5) The greatest extent possible, existing healthy native trees and vegetarion shall be retained. 9532 (C.F. No. O1-612, § 2, 7-11-01) 9533 9534 9535 : . ARTICLB V. 67.500. T-IV HILLCREST VILLAGE OVERLAY DISTRICT , 9537 Sec. 678.956501. General provisions. 9538 (a) Establishment of overlay district; intent. There is hereby established within the City of Saint Paul a special 9539 zoning district which shall be lmown as the HV Hillcrest Village Overlay District. This district is established to 9540 implement the White Bear Avenue Small Area Plan, to promote the redevelopment of the area into a mixed use 9541 urban district combining commercial uses and housing, and to protect pubfic health, safety and welfare within 9542 the designated district. 9543 (b) Relationship to other applicable regulations. Property located within the overlay district shall be sub�ect to the 9544 provisions of the primary zoning dish and the new overlay dish Because overlay district regulations may 9545 be more or less restrictive than the primary zoning district, where provisions of the overlay district conflict with 9546 the primary zoning district, the provisions of the overlay district shall govern. 9547 (c) Established boundaries. Overlay dish boundaries shall be as specified in the individual overlay district 9548 regulations. The overlay district designafions shall be shown on the zoning map (�ttae�sner�j in addition to 9549 the underlying zoning district designation �. 9550 (C.F. No. O1-612, § 2, 7-11-01) 9551 Sec. 67@.95�502. HV Hillcrest Village Overlay District. 9552 9553 9554 9555 9556 9557 (a) Purpose. The HV Hillcrest Village Overlay District (�9Bj is designed to facilitate implementation of recommendations in the White Bear Avenue Small Area Plan and to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing. Redevelopment in the district shall be designed to promote the redevelopment of the area into a muced use urban district combining commercial uses and housing, to enhance the livability of the area, to reduce adverse traffic and pazldng conditions and to create building uses and space consistent and compatible with the arclutecture of Saint Paul. 9558 (b) 9559 9560 (c) 9561 �� ,��� Established boundaries. The boundaries of the HV Hillcrest Village Overlay Dish shall be the area shown on the official zoning map. Prohibited uses. (1) 13ses prohibited in section 678.95402(c). 9562 (2) Automorive related uses: automobile convenience markets, auto service stations, auto specialty stores, 9563 and auto repair faciliries. 9564 (d) Building regularions as in secrion 67A.95402(d). 9565 (e) Accessory parldng regularions as in secrion 679.45402(e). 9566 ( fl Landscaping regulations as in section 679.95402( fl. 9567 (C.F. No. O1-612, § 2, 7-11-01) 9568 9569 9570 Chapter 68. Zoning Code - River Corridor Overlay Districts 9571 Sec. 68.213. Conditional uses. 9572 (d) Shuctures accessory to peimitted uses, section 685.212, or conditional uses of this section. 9573 Sec. 68.224. Standards for conditional uses in the RC2 Flood Fringe District. 9574 (d) 9575 9576 9577 9578 4579 9580 The storage or processing of materials ar that are, in times of flooding; flammable, explosive or potenrially injurious to humui, animal or plant life is prohibitesl. Stoxage of other materiais.or equipment may be allowed i£-� readily removable from the area within the time available after a flood waming sqsfeni and in accordance with a plan approved by the planning commission;, or . . if elevated above the regulatory flood protection elevation by altemative methods which meet the requirements of subsection (a) above; ar. 9581 Sec. 68.225. Standards for aR RC2 Flood Fringe uses. 9582 (c) Manufacturingand industrial uses. Measures shall be taken to minimize interference with normal plant operations. 9583 Certain accessory land uses such as yards and parking lots may be at lower elevahon subject to requirements set 95$4 out in subdivision (b�) [Typo. in recent amendment to tlns chapter.] above. In considering pennit applications, due 9585 considerahon shall be given to needs of an indushy whose business requires that it be located in floodplain areas. 9586 9587 9588 9589 9590 9591 9592 9593 9594 4595 9596 9597 9598 9599 9600 9601 ( fl Manufactured homes. Manufachued homes must meet all the density, setback , fl9odprotection and other requirements for residential use of the zoning code and all requirements of the housing and building code. All manufisctured hames mnst be seourely anchored to an adequately anchored foundation system.that resists flotation, collagse and latzral movezaerit. Methads o� anclioring may include, but are not limited to, use of over-thefiag or frame txes to ground an�hois. This�requirement°is in��addifian'YO appficable st�te or local �ncharing reqnir�mei[ts for resisting wind forcas: (g) Travel trailers shall not be used for living quarters, and are exempt from the provisions of this ardinance if fhey haue current licenses required for highway use, are highway ready meaning on wheels or the itrternal jat�kiug system, are attached tathe°site�only b� qui�k discannect Lypeutilit[escotnirionly used in campgrounrls an3`trailer pazks, and the Travel tra31ar1trauel vehiole kas no permanerit s�cuctural typ� addi4ionsattached to it. Tra�eI trail'exs and travel eehielas la�e this�e�emption�when°davelopriient oncurs on the�paroel exceeding $SD"O�dollars foi�a� ��� structural addition to the travel frailer/travel veHicle orand accessory shueture suchas a garage or storage buildvig: The travel teailer/travel vehicle and all additions and accessory structures will then be treatad-as anew stn�etwe and shall be subject to tfie el8vationGflood proofing requirements and use of land restrictions specified in this ordinance. No ne�v wmmercial travel trailer or travel vehicle parks shall be allowed in the RC 1 Floodway or RC2 Plood Fringe Overlay Districts. 9602 (hg) Pollution of waters. 9603 9604 Chapter 69�. Zoning Code - Subdivision Regulations 9605 [Renumber tlus chapter as Chapter 69.] 9606 9607 Sec. 69'�.306. Planning Administrator and board of zoning appeals approval. �.� ' .��G� 9608 (c) If a proposed lot split creates a new properry line that bisects a building or other structure, a common wall 9609 agreement shall be filed on the deeds for both new parcels. This provision is mtended to satisfy all of the zoning 9610 requirements for setbacks in lieu of a variance, but does not supercede any building code requirements resulting 9611 from the proposed lot split. 9612 9613 Sec.69�.501. Streets. 9614 (b) Alignment. All streets should connect with or terminate at other streets to the extent possible. Cul-de-sac streets 9615 are discouraged except where traffic safety or physical site constraints make them necessary. New sh shall 9616 provide for the continuation ofexisting streets ofadjoining subdivisions and forprojection of streets into adjoining 9617 properties which are not yet subdivided. 9618 (c) Width. Except in the Highwood azea (as defined in Section 67.200), all right-of-way widths and roadway widths 9619 shall conform to the following minimum dimensions unless modified by the director of public works: 9620 9621 9622 Minor Arterials 9623 Collectors 9624 Local Streets 9625 Industrial Streets 9626 9627 9628 9629 9630 9631 9632 9633 Right of Way Width in Feet 80 66 (Directar of Public Works) (Director of Public Works) Roadway Width in Feet .. 36 In Highwood, local streets created after the effective date of this ordinance [Ordinance No. 17890] shall have a minimum roadway width oftwenty-four (24) feet and minimum right-of-way width of fifly (50) feet. When existing local streets that were less than twenty-four (24) feet wide as of October, 1990, are disturbed for installation of city services or resurfacing, they shall be rebuilt at their original widths, as reported to the director of public warks by the Highwood Task Farce in October, 1990, (Appendix A�), unless a wider street is requested by peririon of abuttingproperty owners. Because ofnarrower streets, on-street parldng maybe restricted to ensure adequate width far emergency vehicle access. 9634 9635 Sec.69�.502. Alleys. 9636 (a) Required. Alleys shall be provided where topography renders aeeess drivewaysfrorn the street to service or off- 9637 streetparldng areas impractical, �r where limited access sh prohibit diiveways to off-streetparking and service 9638 areas, and in the TN3 district where alleys are designed as part of an interconnected street netcvark in an approved 9639 master plan. 9640 9641 Sec.69�.507. Blocks. 9642 (b) Block length. The lengths, widths and shapes of blocks shall be as are appropriate for the locality and the type of 9643 development contemplated, but block lengths in residential areas shall not exceed one thousand (1000) feet. 9644 , , 9645 €ee� nr}ei�#ir. 9646 9647 Sec. 69.510. Flood plain. 9648 9649 9650 9651 9652 9653 No land in the flood plain shall be subdivided which is unsuitable for the inYended use because of flooding t i�d quate drainage, water supply or sewage treatment facilities. Water and sewage treatment facilities shall comply with the provisions of Chapter 68, River Corridor Overlay Districts, and road access both to tbe subdivision and to the individual building sites shall be no lower than two (2) feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 9654 Sec. b94.5118. Public sites. 9655 9656 Sec.69�.5124. Monuments. 9657 9658 Sec. 69�.600. Required improvements. 9659 9660 9661 9662 9663 9664 9665 G... (g) Street trees. Street trees having a trunk diameter ofnot less than two (2) inches measured two (2) feet above grade, shall be installed by the subdivider along all streets at intervals no greater than forty (40) feet and at least one per lot , , along with other landscape improvements, to help define the street edge, buffer pedestrians from vehicles, and provide shade. Existing trees which meet the standards of this secrion may be used to satisfy these requirements. Only honey locust, hazd maple, geen ash, ginkgo or other long-lived shade tree approved by the city forester shall be planted. ie� u u a n i u.��� ai�nu u n�aaiii r ��• - - i - i.• •i � : i � i - - ���i -- - --- •• - - i - - • - - - i •i r 9669 . 9670 �l�sives 9671 . 9672 . 4673 , . 9674 , 9675 , , . 9676 , . 9677 , . 9678 , . 9679 . 9680 , , . 9681 , . 9682 {}3�-E�}es 9683 . 9684 . 9685 . > 9686 , `.: .. . .:. . : '.:. : • . .: ... .: .' : : .:. -: . -: 9690 � ' � � �' � , , > 9691 9692 , , , , , � 9693 , , . 9694 , , , , , 9695 pre�nets 9696 , , >a 969 , , , , , 9698 , , . 9699 {26j--Faearms- 9700 , . 9701 , . 9702 , 9703 , . 9704 (3�j-�esiery- 9705 , . 9706 , 9707 9708 , , . 9709 {�Sj-�uggag� 9710 �3Eij 9711 , , , > , 9712 ---�c�cs 9713 , , , , . 9714 , , , > , , - , - . 9715 , , , , , , , 9716 . 9717 . 9718 . 9719 . 9720 , . 9721 , , , . 9722 , , , , , > , > 9723 . 9724 , , 9725 , 9726 , , , . 9727 . 9728 . 9729 , , , , 9730 9731 - - > � . ` �- J � � 9732 . 9733 , . 9734 , , 9735 , 9736 , 9737 , 9738 , , , , , . 9739 , , . , 9740 , , , , . , 9741 . - , , - - 9742 9743 9744 .�°�� : � �� �• �: . , : : .: . : . : . .. : .. . .. . : . . ..• , 9748 . 9749 �j—�irerxfts 9750 {�}-�eids 9751 . 9752 , . 9753 9754 , , , 9755 . 9756 , , , - - , . 9757 , . 9758 , . 9759 , - . 9760 . 9761 , , . 9762 9763 9764 {�6j—Bges 9765 . 9766 . 9767 . 9768 (�9j—E��es 9769 F?�H�dering. 9��0 �2�e� -� � �' ,� � � 9771 , . 9772 9773 , . 9774 , , . , 9775 �-6el�tnr. 9776 (�8�-6}xs� 9777 . 9778 , , 9779 . 9780 , , , , 9781 (�3j-3rrlr 9782 , , . 9783 , . 9784 - , , . 9785 , , 9 786 , , , > , , • 9787 f39j-�3-ai� 9788 ��9j�tekas 9789 , , , > , . > 9790 � , , , , , , � , , • 9791 , , , , > 9792 snxri}arpraeesses 9793 , 9794 (45j Rge�asses 9795 . 9796 (-�j�Fy�arr. 9797 , . 9798 , , , . 9799 �'iE3j-�'iasties-raw: 9800 , , . 9801 . 9802 {�3j Perfume: 9803 . 9804 . 9805 , . 9806 �gen: 9807 , , . 9808 , , , • 9854 (ej 9855 fdj � 9856 (-ej 9857 ffj 9858 �gj �haja 6ecide�ta�is 9859 fkj �Imj�Plieata 9860 {3j �anc�erasa 9861 {�j �a;� 9862 {#j ��s 9863 �3j ���-�s. 9864 {aj �f�lus-(��rieties) 9865 fbj 9866 (Ej �paria 9867 fdj 9868 {ej �*e 9869 ffj �fflxes� 9870 fgj 9871 Ast�ra 9872 fkj 9873 � 9874 {�j ' - '-- ^---'---'- 9875 fkj �na�1a 9876 �&j 907/ 9878 9879 9880 9881 9882 9883 9884 9885 9886 9887 9888 9889 9890 9891 9892 -(�J 9893 9894 9895 9896 9897 9898 9899 9900 9901 9902 9903 9904 9905 n(�u• 7ii30.ir.fq.f l<nTl/I� . . .. . : .. :.. : :: :. .. � •. . � . •. . , : _ _ , :. - : : : , . .. . . � : -. .. : r . .„ � �� t,�� �m- �---'-- ^-' ^-'— n-�-�� �ris I�ew �� : .. : .. • .. - ... ,.. - ': . . .. . . . . _. : rn�n��:irai�enwm�awnw�� 1�� �bummn �Esek�range �g �i�ae 3Vinebaric c £ueny�ncis �'rivet �Ymrrt �ttrrrae �� �eririg �ninee ssr._+�+____�+ .: :. . �." . � .' i . _ . 9906 (mj �r,n:mns�nrcerieasra 9907 {rrj Sophem3apenica 9908 (�j 9909 {gj 9910 �j 9911 (r) 9912 fsj 8yri�etiztt�atx 9913 {� --�� 9914 . , , - - 9915 .: . - •:. ;.: 9916 9917 9918 �FH6�R�6AB 9919 feE�eB�R�99ej � 4 ��� 9920 9921 Appendix A. Zoning Code - Width of Unpaved Streets in Highwood 9922 (Octobex, 1990) 9923 9924 Part of Highwood Street Street Name Direction 9925 North (North of E- W Mailand 9926 Highwood Avenue) 9927 Elmwood 9928 Howard (Lower) 9929 Hadley 9930 N - S Mystic 9931 South (South of E- W Skyway 9932 Highwood Avenue) 9933 Ogden Court 9934 Douglynn 9935 Snowshoe 9936 Boxwood *south of iree 9937 Marillac 9938 N - S Winthrop 9939 9940 (1) (W) indicates the width at the westernmost end of the street. 9941 (2) (M) indicates the width in the middle of the street. 9942 (3) (E) indicates the width at the easternmost end of the street. 9943 (4) (I� indicates the width at the northemmost end of the street. Width of Driving Surface (to the nearest foot) 11 20 (4t�' 16 (1Vn� 26 12 14 10 16 10 18(1V)' 15 (W)' 12 18 18 16 10 16 10 18 (M)� 14 (M)� 12 16 16 16* 18 16 (1�� �E)' 10 16 10 (S) �E)' 16 16 22 20 18 (S)s , `��� 9944 (5) (S) indicates the width at the southernmost end of the street. 9945 GI'l:� Section 2 9947 9948 That the zoning map of the City of Saint Paul is hereby amended so that the existing OS-2 General Office-Service 9949 District be replaced with the new TN3 Tradirional Neighborhood District, and that all property on the West Side 9950 Flats and Upper Landing currently zoned OS-2 General Office-Service be rezoned to TN3 Traditional Neighborhood 9951 District. 9952 LS�1e3 Section 3 9954 9955 This ordinance shall become effective thirty (30) days after its passage, approval and publication. 9956 �. .. ..> � h� . ��, �PR 29 �� Requested by Department of: Planninq & ECOnomic DeVeloAment Hy: Apprwed by Financial Services By: Form Approved by City Attorney . ��C�/��, �-/�L�° Y ey: Approved by May Hy: iyor for Submission to Council Adopted by Council: �ate �/�/l� 7 0�0/l� Adoption Certified by Council Secretary � � �� ��� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Departmentloffice/council: . Date Initiated: pE — planning&EconomicDevelopment I 12-NOV-03 Green Sheet NO: 3007700 Contact Person & Phone: Deoartrnent Sent To Person Initial/Date AIIan Torstenson � 0 lannin & Economic Develo A1 Torstenson 266-6579 p�j 1 lannin & Economic Develo � DireMOdM. Fuller � Must Be on Council qqentla by (Date): Number Z ih• Attornev Ctitv Attomev ��3 1&NOV-03 For Routing 3 a or's Of7i e Ma or's Office OI'de� 4 ouncil � Ci Council Total # of Signature Pages � (Clip All Locations for Signature) Action Requested: Adopt ordinance amending Legislative Code Chapters 60 fluough 69 pertaining to zoning code refoxxnatting and streaxnlining, adding Traditional Neighborhood zoning dishicts, and related amendments. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: A Planning Commission �. Has fhis personlfrm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/frm ever been a city employee? Yes . No � 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportonity (Who, What, When, Where, Why): The City has iniriated zoning amendments to add mixed-use Tradi6onal Neighborhood zoning districts, permit secondary dwellings such as "carriage house dwellings" and "mother-in-law aparhnents," and reformat and streamline the zoning code in order to bring the zoning code into conformance with the St. Paul Comprehensive Plan and to support City development objecrives. AdvantaqeslfApproved: TN zoning will provide for mixed-use development along transit, with design standards to protect neighborhood ckiaracter. The zoning code resh ucturing will xnake it easier to use and understand, and support our housing and development objecrives. DisadvantaqeslfApproved: � None Disadvantages If NotApproved: I The City will lose some development oppornuuties, development and zoning administrarion will be less efficient, and the Zoning Code will not be brought into conformance with the Comprehensive Plan. I Total Amount of CostlRevenue Budgeted: Trensaction: Funtling Source: Activiry Number. , Financiallnformation: (Explain) Attachments to Council File 03-1028 The Ordinance has 204 pages plus Green Sheet. �.x; -o� ° 1028 CI� �F' .SA�T pL1�.. 390CityHoll � Telephone. 6�1-2668510 Rmedy C. Kelly, Mayor I.i 'Nest KelloggBavlev�d Facsimile: 6.i1-228-8573 Sa"vRPaul, MM55102 October 8, 2003 Council President Bosirom and Members of the City Council 310 City Hall Saint Paul, MN 55102 RE: Traditional Neighborhood Zoning Districts and Code Reformatting Zoning Study Transmittal of Planniug Commission Recommendation Dear President Bostrom and Members of the City Council: In 2000 the City received a Livable Communities grant from the Metropolitan Council to develop new zoning districts to facilitate the kind of mixed-use urban village-sryle redevelopment called for in the new Land Use Plan and Housing Plan chapters of the Saint Paul Comprehensive Plan adopted by the City Council in 1999. The City Council authorized the grant application to implement recommendations in the new Comprehensive Plan chapters. The $50,000 grant from the Metropolitan Council has been used to develop three new Traditional Neighborhood (T'N) zoning districts. The new zoning districts were written with the goal that they should function simply and clearly, be easy to use and understand, and fit seamlessly into the Zoning Code. This goal led to proposed Zoning Code text amendments to create a more streamlined format for the Zoning Code as a whole. On July 26, 2002, the Plannine Commission held a nublie hearing on the Traditional Neighborhood Zoning Districts and Zoning Code Refonnatting Study. The Planning Commission considered the testimony at the public hearing and the recommendations of planning staff, and had a number of subsequent committee meetings to discuss the details of this majar study. On Apri125, 2003, the Planning Commission unanimously recommended the attached Zoning Code text amendments. They also recommended that the existing OS-2 General Office-Service zoning district be replaced with the new TN3 Traditional Neighborhood District, and that all property on the West Side Flats and Upper Landing currently zoned OS-2 General Office-Service be rezoned to TN3 Traditional Neighborhood. i � s �; � i Council President Bostrom and Members of the City Council October 8, 2003 " Page 2 By itself, the reformatting of the Zoning Code supports the City's development objectives. It puts the defuution of each land use (i.e., transitional housing, auto repair, recycling collection center) together with all use-specific development standards that apgly to the use in various zoning districts, and puts all use-specific standards and conditions for each use in one place. The zoning districts and the land uses pemutted in each one aze reorganized into simple tables. These changes make the Zoning Code much easier to use and understand, especially when accessed on the City web site. The package of zoning amendments contains a nwnber of key zoning tools to support our housing and development objectives. The new TN Traditional Neighborhood zoning districts protect the character of the commercial districts built during the streetcar era and facilitate new xnixed-use urban village development. The package also contains a few citywide changes that provide some basic design standards and broaden the range of housing options by pernutting live-work units and, under certain circumstances, new carriage houses. I have reviewed the Plavning Commission's work and I support it. There are three changes I would recommend as refinements. They are attached to this letter and relate to the definition of "transit street," the density bonus for structured parking, and to the masunum height that may be permitted with a conditional use permit in the T'N2 Traditional Neighborhood District near transit stops along University Avenue. The Zoning Code reformatting and the Traditional Neighborhood District recommendations represent a great deal of work by the Planning Commission and PED staff. I am pleased to forwazd this package of zoning amendments to you far your review and adoption. Sincerely, Randy K y Mayor RK:at Attachments � AA-ADA-EEO Employer r." �„ py pq `..i �%' '� ay 1. tl� AK �Bd �� Council President Bostrom and Members of the City Council October 8, 2003 Page 2 By itself, the reformatting of the Zoning Code supports the City's development objectives. It puts the defuution of each land use (i.e., transitional housing, auto repair, recycling collection center) together with all use-specific development standards that apply to the use in various zoning districts, and puts all use-specific standards and conditions for each use in one place. The zoning districts and the land uses permitted in each one are reorganized into sixnple tabies. These changes make the Zoning Code much easier to use and understand, especially when accessed on the City web site. The package of zoning amendments contains a number of key zoning toois to support our housing and development objectives. The new TN Traditionai Neighborhood zoning districts protect the character of the comxnercial districts built during the streetcaz era and facilitate new mixed-use urban village development. The package also contains a few citywide changes that provide some basic design standazds and broaden the range of housing options by permitting live-work units and, under certain circuxnstances, new carriage houses. I have reviewed the Planning Commission's work and I support it. There are three changes I wouid recommend as refinements. They aze attached to this letter and relate to the definition of "transit street," the density bonus for structured pazldng, and to the masimum height that may be permitted with a conditional use permit in the TN2 Traditional Neighborhood District neaz transit stops along University Avenue. The Zoning Code reformatting and the Tradirional Neighborhood District recommendarions represent a great deal of work by the Planning Commission and PED staff. I am pleased to forward this package of zoning amendments to you for your review and adoption. Sincerely, Randy K y Mayor RK:at Attachments � � �� / AA-ADA-EEO Employcr �� ���� ��� � CITY OF SAlNT PAUL Randy C Kelly, Mayor 11% I�U [�1:7_AI IlUllrl DATE: October 8, 2003 ?90 Ciry Hal7 15 West Kellogg Boulevm�d Saint Paul, lydV 55702 TO: Council President Bostrom and Members of the City Council Telephone: 651-266-8510 Facsamele. 651-228-8513 FROM: Mayor Keily ��j� RE: Traditional Neighborhood District and Code Reformatting Zoning Amendments Mayor's Recommended Changes I recommend the following changes to the Traditional Neighborhood District and Code Reformatting Zoning Amendments fonvarded to me by the Plaiuliiig Commission. Sec. 60.221. T. Transit street. Those streets or segments of streets where there is aris pia�me�a-be high volume transit service and/or a� a minitnum level of 10 minute peak frequenc . virr`rui�c �v i�aie as follows: Universitv Avenue. Robert Street between Universiry Avenue and Concord Street, Concord Street between Wabasha Street and State Street and Wabasha Street between Twelfth Street and Winifred Street Notes to Table 66.231. Residential District Dimensional Standards: (eg) Iii,''�ealc"��'tm���a�ea; re�e� parking space structure or ou'�erw�se � each lot.area;per unif in:sqt�are�eet.: A site plan slioic�ing,P�rt�iug la�ou�:�i� d�Yuensrons shall be required when applying for �iis loY area bon �imensiar,s �o mukh��z fa�iul� dwel7ing s?iall°be bu�1t, �ot sliall�anp existiiig st�ct�e:b� .�. .� � � ` v��� Council President Bostrom and Members of the City Council October 8, 2003 Page 2 Sec. 66.331. Density and dimensional standards table. Table 66.331. Traditional Neighborhood District Dimensional Standards sets forth density and dimensional standards that aze specific to Traditional Neighborhood Districts. These standards are in addition to the provisions of Chapter 63. Regulations of General Applicability. Table 6b.331. Trad4tioaal Neighborhood District Dimensional Standards Notes to Table 66.331. Traditional Neighborhood District Dimensional Standards: (b) In calculating the area of a lot for the purpose of applying lot area and density requirements, the lot area figure may be increased by three hundred (300) square feet for each parking space (up to two parkixlg spaces per unit) within a multiple-family structure or otherwise completely underground. Pazlan� st�aces within an above- ound parkine strucrixre, exce�t for those on the top level, may also be used for this lot area bonus. The maximum number Min. - Minimum Mac. - Ma�mum FAR - Floor Area Ratio n/a - not applicable �1� i���� Council President Bostrom and Members of the City Council October 8, 2003 Page 3 of units possible on a lot using this lot area bonus can be calculated using the formula X= L _(A- 600), where X= maximum units allowed, L=1ot area in square feet, and A= required lot area per unit in square feet. A site plan showing pazking layout and dimensions shall be required when applying far this lot area bonus. (e) A maximum height of forty-five (45) feet may be permitted with a conditional use permit when the structure is within six hundred (600) feet of an existing or planned transit stop on a designated transit street. A maximum heie�t of sixtv-five (651 feet mav be nermitted with a conditional use permit for �rope alone Universitv Avenue within six hundred (6001 feet of an existing or planned transit sto .v except on the followine blocks. where heiehts greater than fortp-five (45) feet would enerally be incompatible with the surrounding neiehborhoods: north side of University between Aldine Street and Frv Street. between Asbury Street and St. Albans Street, and between Kent Street and Galtier Street: and south side of Universitv between Oxford Street and St. Albans Street, and between Mackubin Street and Galrier Street. AA-ADA-EEO Employer ; - �.��� city of saint paul planning commission resolution file number 03-42 date Apr�� 25. Zoo3 Traditional Neighborhood Zoning Districts and Zoning Code Reformatting WHEREAS, the Land Use Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on March 3, 1999, (with final adoption on February 6, 2002, after Metropolitan Council review) calls for amending the Zoning Code to support development of urban villages and a full range of housing options through urban village zoning districts that allow a mix of housing and commercial uses along with design guidelines and an efficient process for public review, and also to pernut secondary dwellings such as "mother- in-law aparhnents" in certain conditions; and WHEREAS, the Housing Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on January 8, 1999, (with final adoption on January 9, 2002, after Metropolitan Council review) calls for streamlining the zoning approval process for new types of development along with design guidelines and quality standards that protect neighborhoods while making high-quality attached housing easier to provide, and also recommends amending the Zoning Code to provide for secondary and live-work dwellings in certain conditions; and WHEREAS, the Saint Paul Housing Action Plan 2002, adopted by the City Council on June 26, 2002, specifically calls for adoprion of urban village zoning text amendments, provisions to allow carriage house and secondary dwellings, and continuing steps to bring the Zoning Code into conformance with the comprehensive plan; and WFIEREAS, Minnesota Statutes §473.865 requires local official controls such as the Zoning Code to be amended to conform with the comprehensive plan; and WIIEREAS, § 64.400 of the Zoning Code provides for amendments to the Zoning Code by the Ciry Council, with Planning Commission review and recommendarion; and WHEREAS, in December 1999, the Metropolitan Council awarded the City of Saint Paul a$50,000 grant to develop traditional neighborhood zoning districts; and WHEREAS, the Department of Planning and Economic Development and Department of License, Inspections and Environmental Protecfion have collaborated in a zoning study to develop tradirional neighborhood zoning districts; and moved by Kramer seconded by in favor Unani_mous against � - � � Traditional Neighborhood Zoning Distdcts and Zoning Code Reformatting � "" ' " v'y �� Apri125, 2003, Planning Commission Resolution Page 2 of 2 WF3EREAS, the cunent organization of the Saint Paul Zoning Code, with dozens of somewhat random lists of land uses and conditions for uses, redundant and inconsistent language, and a confusing web of relafionships and references among the lists of land uses under various zoning districts, makes the Zoning Code difficult for the public, and even zoning staff, to use and understand; and WIIEREAS, the new traditional neighborhood zoning regulations should function simply, cleazly and efficiently, without creatingnew administrafive burdens; should fit seamlessly into the existing Zoning Code; and ideally should help make zoning regulafions simpler and easier to use; and Wf�REAS, development of a major new set of tradirional neighborhood zoning districts is an opporhmity to develop a more streamlined format for the Zoning Code as a whole, as well as more streamlined zoning approval processes; and WHEREAS, the proposed more streamlined format, with land use tables for each zoning distdct category and land use standards and conditions logically organized by land use category, would be more user-friendly, much easier to use when accessed on the city web site, and of significant value to Saint Paul; and WFIEREAS, the eusting OS-2 General O�ce-Service Dish was adopted two yeazs ago as a temporary district to provide for development planned for the West Side Flats and the Upper Landing, and is intended to be replaced by the new TN3 Tradirional Neighborhood District; and WHEREAS, the Upper Landing Urban Design Master Plan was adopted by the City Council on Febmary 14, 2001, and the West Side Flats MasterPlan and Development Guidelines was adopted by the City Council on December 19, 2001; and WHEREAS, the Pla.nning Commission conducted a public hearing on the Traditional Neighborhood Zoning Districts and Zoning Code Reformatting Zoning Study on July 26, 2002, where all persons present were afforded an opportunity to testify conceming the content and recommendations of the wning study; and WFIEREAS, the Planning Commission, based on testunony at the public hearing and the recommendarions of planning staff, fmds that the zoning code amendments proposed for Chapters 60 through 69 of the Saint Paul Legislative Code pertaining to traditional neiehborhood zoning districts and zoning code reformatting, as reflected in ttie attached zoning study and recommendations, adequately protect and balance the interests of parties affected by these zoning regutations; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends the attache� amendments to Chapters 60 through 69 ofthe I,egislafive Code as proposed in the Tradifional Neighborhood Zoning Dishicts and Zoning Code Reformatting Zoning Study; and BE IT ALSO RESOLVED, that the Plaiming Commission recommends that the e�sting OS-2 General Office-Service District be replaced with the new TN3 Traditional Neighborhood Distdct, and that all properry on the West Side Flats and Upper Landing currently zoned OS-2 General Office-Service be rezoned to T'N3 Traditional Neighborhood District; and BE TT FiIRTF3ERRESOLVED, that the Commission by this resolution directs plamiing staff to forward the Commission's recommendation to the Mayor and City Council for their consideration and acrion. . __. f � � � _ -��`� Proposed Tradirional �'eighborhood Districts and Zoning Code Reformatting Execurive Sum�nary Draft proposed urban village zoning districts allow a broader range of land uses than existing zoning districts, and provide opportunities for higher-density pedeshian-oriented mixed housing and commercial development on major transit streets, along with design standards to help ensure that such development is of high quality and protects the character of exisring neighborhoods. Development of these new zoning districts has been pushed by housing advocates for many years, and it is a key recommendation in the Saint Paul Housing Action Plan as well as the Land Use and Housing chapters of the Saint Paul Comprehensive Plan. The design standards are a tool for supporting quality redevelopment that a number of our district councils have called for in recent years, without the proliferation of individual overlay districts, each with their own unique set of design standards, that can result in administrarive inefficiency and enforcement difficulty. The proposed TN Traditional Neighbarhood Districts are a key to achieving a high number of housing units and quality urban village redevelopment for most of the major development sites within the ciry. The draft urban village districts were developed with the following functional objecrives and constraints: • Provide for a greater mix of uses and more urban design guidance and without creating new administrative and plan review burdens for staff already stretched too thin. • Function simply, clearly and efficiently, in a way that is easy for the public as well as zoning staff to use and understand. • Fit seamlessly into the existing zoning code, not make zoning regulations more complex. Traditional Neighborhood Districts The Planning Commission recommends the creation of three new TN Traditional Neighborhood zoning districts that would cover all types of mixed-use urban village sites, from small commercial nodes in existing neighborhoods to the lazgest redevelopment sites. In tandem with the new T'N districts, a set of design standards is included to provide the type of design direcrion for new development the City and district councils have long been advocaring. The design standards are intended to foster new development that sustains its quality and increases its value over the long term. The features of each proposed TN Traditional NeighboLhood District would be as follows: • TNl: This district is based on the OS-1 Local Office-Service District and provides for a variety of residenrial, office and service uses to serve neighborhood needs. It would fixnction mainly as a transirional zone between higher-intensity commercial districts such as University Avenue and adjacentresidential neighborhoods. Itwould also likelybe used on the "edges" oflazge urban village sites where a transition to a lower-density neighbarhood or other district is needed. • TN2: This district would allow a mix of residential uses along with the types of commercial uses allowed in the existing B-2 Community Business District, with addirional standards for building and parking placement and design. It could be used at pedestrian- and transit-oriented nodes such as Phalen Village where a diversity of land uses and some intensification of use would be appropriate. The district might also be useful along pedestrian-oriented shopping streets, and is currently recommended by the Axcade Street Task Force fot most of Arcade. • TN3: The most intense district, it is designed for development oflazge sites such as Koch-Mobil and the West Side Flats, where a site-specific master plan, minimum densities and diversity in land use and housing types, common open space and an interconnected street pattern are required. It is also designed as a tool for achieving high-quality, higher-density mixed-use development on smaller sites such as at University-Emerald and the University-Raymond azea, where there is already a miY ofuses or the comprehensive plan has identified potential For urban village development. � ; �� -� i � ! �.„>� � �.:7 The TN3 district will replace the OS-2 district since that district was intended as an interun mixed-use district for the lazger urban village sites. Affected OS-2 sites are the Upper Landing and West Side Flats. The Planning Comxnission has recommended the changes from OS-2 to TN3 occur when the TN ordinance text is adopted. No rezoning of other sites is recommended as part of TN text adoption. Any future rezoning to TN would follow normal rezoning processes. Addilional Code Amendments In addition to the new TN dishicts, the Plauning Commission recommends some new general standazds for site plan review citywide, similar to standazds recently adopted as part of special overlay zones for White Beaz Avenue and the Shepazd-Davem azea. They are the kind of standards that have been called for by district councils through small area plans such as the Phalen Village Plan, the Concord-Robert Plan and others, but have not yet been implemented. The Comtnission also recommends amendments to provide for a broader range of housing options as called for in the Saint Paul Comprehensive Plan, and remove barriers to traditional neighborhood development. • Site Plan Review. Additional basic standards for building entties, contextual design, screening of mechanical equipment and garage location. • Parking Facilities. Additional basic standazds for screening, design and lighting. • Sigra Regulations. Additional guidelines for multi-tenant buildings and signs within T'N districts. • SecondaryandLive-workDwellings. Permitsecondarydwellings,suchas"carriagehousedwellings" and "mother-in-law apartments," and live-work dwellings in certain circumstances. • Subdivision Ordinance. Addirional language that encourages interconnected street patterns, iradirional block sizes, and alleys. Code Reformatting and Streamlining Finally, tlze Planning Commission recommends basic reformatting of the whole zoning code in order to streamline, simplify, and generally make it more user friendly. A major proposed reformatting feature is to replace dozens of fairly random lists of land uses and conditions for uses, redundant and inconsistent language, and a confusing web of references to other zoning districts with a simple, logically organized table of pernutted and conditional uses for each general zoning category, and land use standards and condifions logically organized by land use category. The advantage of this approach, found in the new Minneapolis ordinance and other recent zoning codes, is that it avoids either lisring all uses within each district or cross referencing previous districts. It also allows the reader to easily compaze uses across all districts within a given category. Specific recommendations for streamlining the code include: Zoning permits valid for two yeazs instead of one. • Planning Commission may grant variances related to rezoning, avoiding redundant public hearings. • Residential garages can be rebuilt on exisfing garage pad even if nonconforming. • Open, covered porches may proj ect siY feet into a required front yazd. • Signs permitted to project four feet over sidewalk in downtown, avoiding numerous variances. • Cluster housing may be detached as well as attached, allowing single-family houses on small lots with townhouse-style maintenance agreements. • Incorporate all pernutted industrial uses into main part of code, eliminating appendices. • Replacecomplexroomcountformutafordeterminingresidentialdensitywithsimple,clearxninimum lot area per unit figures in a table. • Increase maximum height allowance for one-family structures from 30 to 35 feet to avoid need for variances that are almost always granted. • Increase maximum lot coverage for principal structures in residenrial districts from 30% to 35% to reduce need for numerous variances always granted. _ J � -- v �..z ..�; Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-40� Phone. 651-296-4SQ2; fac 651-296-0445 E-mai1: steve.johnson@dnrsrate.mm.us December 3, 2003 City of St. Paul City Council Via email, fax, and mail c/o Gerry Strathman, Council Secretary 310 City Hall 15 W. Kellogg Boulevard St. Yaul, MN �Slti2 Dear Council Members: Re: City Code Chapter 60 - 69 Ordinance Amendments - 03-1028 dealing with or affecting azeas within the Mississippi River Critical Area Corridor We haue now been informed by interested citizens and by the newspaper article this morning that the City is undertaking extensive ordinance amendments of Chapters 60 - 69, including addition of Traditional Neighborhood Districts; references to the River Corridor Overlay District; height issues; potential amendments for allowed uses, density, and standards in other land use districts; and reformatting. Since 1995, DNR has had oversight over the Mississippi River Critical Area Corridor program, including approval of plans, regulations, and amendments of such dealing with or affecting lands and waters within the 1976-designated Corridor. The legal descriptions of the boundary may be found at our web site: http://files.dnr.state.mn.us/waters/watermgmt_section/critical_areallegdeswb.pdf We are very disappointed that we were not given advance notice of the heazing or an advance copy �1:r��t1�� nr thrn��ah tha vveh e;tP in nrrlar tn rayiP.n� tha prnnncat� amanrll'n?ntc gncl. »mvi�1P gnPrifiC comments for this hearing. The October 5, 2001 DNR conditional approval of the City's Mississippi River Corridor Plan required Plan amendments that the city will work with DNR to develop height regulations that meet the standards and purposes of Executive Order 79-19, and city plans and ordinances. Any of these ordinance amendments that affect height, as well as any other amendments that affect areas within the Corridor, preempt this process of prior working and review for a public hearing. We cannot testify or provide comments today without full and timely information on whether these proposed amendments apply or affect azeas within the Corridor and whether they are consistent with Executive Order 79-19 standazds and guidelines. The Executive Order standards and guidelines are required to be followed by local units of government when preparing or modifying regulations. DNR Information: 651-296-6157 • 1-888-646-6367 • 1"I'Y: 651-296-5484 • I-800-657-3929 An Fqual Opportumty Employer �� Printed on Recycled Paper Con[ainin� a Minimum of 10% Pos[-Consumer Was[e Page 2 ���� � - .., In addition, under MN Statutes, sections 116G.07 and 116G10, subd. 3, and MN Rules, part 4410.9500, subp. 3, regulations, ordinances or ordinance amendments which deal with or affect designated azeas within the Corridor shall become effective only upon the approval of the Department of Natural Resources [previously Environmental Quality Boazd until 1995]. A local unit of government can enact only the plans, regulations, and amendments that have the written approval of DNR in accordance with procedures. These state laws for submission to DNR, review and DNR approval continue to supersede any conflicting local ordinance or position, as confirmed by your City Code: Sec. 62.100. Conflicting regulations. �v��°i.�V�7 3.^.jr Y:0��:3:0^ �'Jf �kg CO�� ?:!?rQS°,S mC:'.°. SYripjPnt rey�lli'�'RPRtS T'P��.�c''t��ns� restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this code shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this code, then the provisions of such ordinance or law shall govern. MN Rules, part 4410.9000, also mandates the requirement of preparation of regulations °to govern the use of the critical azea." Specific language in your City Code Chapter 68 for lands and waters within the River Corridor references and includes specified uses and standazds of the conesponding underlying district. Therefore, amendments of such underlying districts that result in governing the use and affecting lands and waters within the River Corridor relating to Executive Order 79-19 standards are aiso subject to DNR submission, review, and approval. We ask the Council for: . tabling of the proposed ordinance amendments in order to provide comments on the amendments' consistency with Executive Order 79-19 for regulations that deal with or affect areas within the designated Comdor, . sending us a complete copy of proposed amendments (electronic version is preferred sent to Sandy Fecht, sandy.fecht�a dnrstate.mn.us) to determine whicn amendments deal with or affect Iands wittiln the designated Corridor, including specified uses and standazds of corresponding underlying districts referenced and included as part of the standazds in City Code Chapter 68 for lands within the River Corridor; and following the tnnely review and work with us on amendments that are consistent with Executive Order 79-19, submission to us of any and ail finalized draft ordinance amendments that affect azeas within the Corridor for official review and approval in accordance with procedures established in MN Statutes, MN Rules, and Executive Order 79-19. Sandy Fecht of this office (651-297-2401, email address above) is the contact for interpretation, technical assistance, and procedures for review and approval of aznendments to plans and regulations affecting areas within the designated Corridor. ,. . � Page 3 � , � � �' `�? � ._.�� � We look forward to reviewing these proposed amendments in a timely manner prior to your City's final action, and then working with you on subsequent submission and approval by DNR consistent with Executive Order 79-19. This is an opporhme time to work on ordinance implementation of the Plan and Executive Order standards for areas within the Corridor, including the DNR approval requirement for consistent height ordinances. Unless the City can provide such proof in writing, no previous negotiations with DNR personnel on specific rezoning language or specific development project decisions apply to these or future plan and ordinance amendments that deal with or affect designated Corridor azeas. Each plan or ordinance amendment is reviewed on its own merit for consistency with Executive Order 79-19. Thank you for your agreement to the above requests and compliance with state Critical Area laws and DNR plan approval to protect and preserve the designated Mississippi River Critical Area Corridor. Sincerely, DNR Waters Stev son Community Stewardship Supervisor cc: Allan Torstenson John Linc Stine Dale Homuth/Molly Shodeen Nancy Duncan/Jim von Haden Sandy Fecht � �. v��� Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-40�L Phone: 6i1-296-0802; fa� 651-296-0445 E-mail: stevejohnson@dnrstate.mn.us January 14, 2004 City of St. Paul City Council Via email, fux, and mail c!o Gerry Strathxnan, Council Secretary 310 City Hall 15 W. Kellogg Boulevard o« n...,� n�'1�: 55:02 OL. 1 Aua� iil Dear Council Members: Re: City Code Chapter 60 - 69 Ordinance Amendments - 03-1028 dealing with or affecting areas within the Mississippi River Critical Area Corridor We submitted a concerned response (attached) on December 3, 2003, to the Council regazding the extensive ordinance amendments of Chapters 60 - 69, including addition of Traditional Neighborhood Districts; references to the River Corridor Overlay Disri height issues; potential amendments for allowed uses, density, and standards in other land use districts; and reformatting. We were given a paper copy of the proposed amendments, and had email correspondence with St. Paul staff through December 17, 2003, about the City staffs request to the Council for additional work related to several issues including proposed ordinance amendments that dealt with or affected azeas within the Mississippi River Critical Area Corridor. It was our understanding that this would a11ow these tasks be conducted with opportunities for discussion and with public input by affected parties prior to a progress report being made six months to the Council after the date of this resolution. Since we were not informed of anything to the contrary, we assumed this resolution had passed and work on the ordinance amendments that affect the Corridor in order to be consistent with Execuuve Order 79-19 would begin in earnest wifrn us in ine new year. 'v'nder siate iah-, Execu�vc a'^ '^ a� - - �ruE7 r,-t> ��cu.u�2Tua wi3 guidelines are required to be followed by local units of government when preparing or modifying regulations that deal with or affect lands and waters within the Corridor. However, on January 12, 2004, we were informed by City staff that the ordinance had been laid over on December 17 and would be acted on two days later on Januaty 14, and invited to send comments. Again, we are in a similar position of our previous letter of little advance notice of final action, and no request for working together on amendments that will be consistent with Executive Order 79-19. As noted before, under MN Statutes, sections 116G.07 and 116G.10, subd. 3, and MN Rules, part 4410.9500, subp. 3, regulations, ordinances or ordinance amendments which deal with or affect designated azeas within the Corridor shall become effective only upon the approval of the Department DNR Information:651-296-6157 • 1-888-646-6367 • TTY:651-296-5484 • 1-800-657-3929 An Fqual Opportunity Employer �� Prin[ed on Recycled Paper Con[aining u Mmimum of 109c PosY-Consumer Was[e Page 2 0 3• � 0 � G of Natural Resources [previously Environmental Quality Board until 1995,]. A local unit of government can enact only the plans, regulations, and amendments that have the written approval of DNR in accordance with procedures. MN Rules, part 4410.9000, also mandates the requirement of preparation of regulations "to govem the use of the critical area." Specific language in your City Code Chapter 68 for lands and waters within the River Corridor references and includes specified uses and standards of the corresponding underlying district. Therefore, amendments of such underlying districts that result in governing the use and affecting lands and waters within the River Corridor relating to Executive Order 79-19 standazds are also subject to DNR submission, review, and approval. A preliminary review of the proposed amendments with the currently-approved ordinance show both minor and major amendments throughout Chapters 60 - 69 that deal with or affect azeas within the Corridor. Substantive proposed amendments to the currently-approved ordinance that may not be consistent with Executive Order 79-19 include, but are not limited to: . definitions of terms . Traditional Neighborhood Districts, including Note f to Tabie 66331 that specifically references the River Corridor, not just height limits that work everywhere in the City, and is not language that has been approved by DNR. The October 5, 2001 DNR conditional approval of the City's Mississippi River Corridor Plan required Plan amendments that the city will work with DNR to develop height regulations that meet the standards and purposes of Executive Order 79-19, and city plans and ordinances. . IR River Corridor Industrial District and omission of RCR-1, RCC-1, and RCI-1 River Conidor District - a revised zoning map will also need to be submitted for approval . notificafions to DNR . Shepard Davern Commercial and Residential Redevelopment Overlay Districts section that omits language required to be added and revised in accordance with DNR's approval, dated August 18, 2000 . and other uses and standazds of the corresponding underiying district referenced in Chapter 68 for permitted use and conditional uses of lands and waters within the River Corridor. In addition, review of the City's web site City Code version also show that amendments have already occ�:t:e3 ir. Chap*er 58 River Ce: OvPr?a� Dis?ric±s, dated 3-26-03, that have not been submitted to DNR Critical Area staff, reviewed, and approved and made legally effective in accordance with state laws and your ordinance. We ask the Council for one of two options: . tabling of the proposed ordivance amendments for additional work on all proposed ordinance amendments that deal with or affect areas within the Mississippi River Critical Area Corridor -- to be conducted with opporiunities for discussion and with public input by affected parties prior to a progress report being made six months to the Council. This partnership work would precede submission to us to initiate the DNR approval process. OR Page 3 � " ' 1 � submission to us of any and a11 finalized draft ordinance amendments that affect areas within the Corridor for official review and approval in accordance with proceduires established in MN Statutes, MN Rules, and Executive Order 79-19. Given the preliminary review, extensive conditions for mandatory revisions may be required by the City following our approval decision. Sandy Fecht of this office (651-297-2401, sandy.fecht@dnr.state.mn.us) is the contact for interpretation, technical assistance, and procedures for review and approval of amendments to plans and regulations affecting areas within the designated Corridor. We learned just a few minutes ago that a request may be made to lay this ordinance over an additional period of time. If this is the case, we'd be happy to meet with anyone the Council directs to meet with us to address these issues prior to submission of the ordinance to us for review and approval. Please keep us informed of the action on this ordinance. "?`!�an.ti you for your compliance with state Critical Area laws and DNR plan approval to protect and preserve the designated Mississippi River Critical Area Corridor. Sincerely, DNR Waters �' 4 �� Steve Johnson Coanmunity Stewardship Supervisor cc: Allan Torstenson/I,any Soderholm John Linc Stine Dale Homutl�/Molly Shodeen Nancy Duncan f _ _ _. DEPARTMENT OF PLANNpVG & ECONOMIC DEVELOP�.NT ��. Marthp G. Fulle� Director � q � o��,„ CS � � CITY OF SAINT PAUL RandyC. Kel1y, Mayor DATE: 1/14/04 TO: Councilmember Debbie Montgomery FROM: Lazry Soderhol�^�id AI Torstenson, PED 25 West Fourth Street TeZephone: 65l -266-6626 SaintPaul, �SSIO2 Facsimile: 657-228-3341 �: ZONTiYG AMENDMENT TO ALLOW 65-FOOT IiEIGHT AT UNIVERSITY AND DALE Yesterday you asked PED staff to draft an amendment to the Traditional Neighborhood (T'N) Zoning/Zoning Reformatting Ordinance that would allow buildings, as a conditionai use, to be 65 feet high at University and Dale. This height would be allowed only in the TN2 zone as a conditional use. Buildings this tall have been discussed by the community and aze consistent with the new University- Dale Transit-Oriented Design Plan. However, at University and Snelling some residents asked Councilmemoer Benanav ior more time to study whether taller buildings wouid be acceptable; therefore, in December he amended the original draft of the ordinance to remove the special 65-faot height limit for TN2 zones on University Avenue. We offer the following amendment that would allow 65-foot buildings at Dale Street, in the Midway regiona? shoppir.g district, and in tF.a West Midway (which has a historic coilection of tailer ouildings) but would not allow them on the north side at University and Snelling, where we expect the Council to ask the Planning Commission to solicit more community input about what heights should be aliowed. Draft Amendment: University Avenue Height Limits in TN2 Zones L^. the 3ra�t ord:;.aace as a�:.anded on 12/10/03, add the following underlined ianguage at iine �240, footnote "e" for Table 66331, "Traditional Neighborhood District Dimensional Standards": (e) "A maacimum height of forty-five (45) feet may be permitted with a conditional use permit when the structure is within six hundred (600) feet of an existing or planned transit stop on a designated transit street. A maximum of sixtv-five (65) feet mav be permitted with a condirional use nermit for nrooertv frontine on Universitv Avenue within six hundred (6001 feet of an existins or vlanned transit stoo and located in one of the followin2 azeas• the noRh side of Yhe avenue between Saint Albans and Kent Streets; the south side of the avenue between Saint Albans and Mackubin Streets: the south side of the avenue wesr of LexnaT�n P�rkcv���• aud ths north side of the avenue west of Aldine Street. This amendment would still atlow 65` buildings through the whole Midway shopping district on the south side of University. If there is not consensus about this area, the 65-foot heights on the south side could just be west of Prior Avenue in the mdustrial West Midway. cc: Councilmember Benanav Jane Prince Tony Schertler K:\TN Amdh65ft height at Univ-Dale.wpd AA-ADA-EEO Emplayer ��v�� �; ��Q�3. �e �� � ��L �, �:� , �.�2� ��� z � �� �u� �r�e �l�Qu� , � � i � � , �� t l � �/ � i � . I ' � �r� ��� i � � � � , ��. � >/ ��,� � i % � ' r � r. , .� . ��� � "� ..l <,� � / f ',�� r � f , � f.� l � � ,< s ` � ! , �I� °f � � � !/ 9 / , � � � � � .r� / �� I J � r / � !. i / ! ! � f ;t j� �:; -: - / ! , ' � , �� � f � ,� ' �� � f 9 . � 1! , J / : .,/ �; / � , 3 f f , f . / fr' ,� i � r. � � �, / + , � J r , � � , ' �f , � j � / �Gl'bf.L� �� �d�� �� Y 1� ��(�, �.V. G rtC�/ �� �cu r�� cvc,�l`` �Cw,� �,�l,e,� � �v� t c� ����i� �cv�uE� �i,�.� �� ��e .�e �d ��r ���� �� � ,� , / 1 �/ „ � �� a %� ;; , :� , , , � . r . � ` �� f 'f 1 / r � � I ; � . � f / � ��. '` I � / � I' � ' t wI � f � �, s � � � %/� ' l ' � � . � 1 ' � � I ' . / . ar � � ` f' ' � / . + � � � � i I f / .,. � �� . � l� . � � r / � y � ���: c r ea,�� 6�C�'� � � ���� �"s � . � C������ ����� � -�. (,U� Y"�. �:��t .,d�.d �.� a.��� �". W �'Ii�f. ��� (1 LC� �.LC�CeLt�4., Q �G2�jl�-�G"�; , L G� �G � � eL ��'-� � �cv�� J ; �' (k� ����..$ t�� ot�"..C,c�. � `�.� � '�' U � U,� G�-c;c�e t��4 ��L��,����" .�rt� i1�'����.��r� r��.c� � .��.�.� � � � � � ���� al r��c �ihc ��,2LeC� �o u� �{Ce, .S�L6'L�Cc.4-� ��L �✓� •��ZGN✓Ynllcr' �CG�c'�'v� J � ` � �d �N � �. � ; ; :, ; �. ; �r �; �� ;; 1 / / / � � �� , i , .���� � _. . � ,, _; Council File #� � °��$ Ordinarice [ Green Sheet ESOTA - 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ?'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Presented By Referred To Committee: Date An ordinance amending Legislarive Code Chapters 60 through 69 pertaining to zoning code reformatting and streamlining, adding Tradifional Neighborhood zoning districts, and related amendments. WHEREAS, the Land Use Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on March 3, 1999, (with final adoption on February 6, 2002, after Metropolitan Council review) calls for amending the Zoning Code to support development of urban villages and a full range of housing options tlirough urban village zoning districts that allow a mix of housing and commercial uses along with design guidelines and an efficient process for pubhc review, and also to permit secondary dwellings as "mother- in-law apartments" in certain conditions; and WHEREAS, the Housing Plan chapter of the Saint Paul Comprehensive Plan, adopted by the City Council on January 8, 1999, (with final adoption on January 9, 2002, after Metropolitan Council review) calls for streamhning the zoning approval process for new types of development along with design guidelines and quality standards that protect neighborhoods while maldnghigh-quality attached housing easier to provide, and also recommends amendingthe Zoning Code to provide for secondary and live-work dwellings in certain condirions; and WHEREAS, the Saint Paul Housing Action Plan 2002, adopted by the City Council on June 26, 2002, specifically calls for adoption of urban village zoning text amendments, provisions to allow carriage house and secondary dwellings, and continuing steps to bring the Zoning Code into conformance with the comprehensive plan; and WHEREAS, Minnesota Statutes §473.865 requires local official controls such as the Zoning Code to be amended to conform with the comprehensive plan; and W HEREAS, the current organization of the Saint Paul Zoning Code, with dozens of somewhat random lists of land uses and conditions for uses, redundant and inconsistent language, and a confusing web ofrelationships and references among the lists of land uses under various zoning districts, makes the Zoning Code difficult to use and understand; and WHEREAS, the new traditional neighborhood zoning regulations should function simply, cleazly and efficiently, withoul creating new administrarive burdens; should fit seamlessly into the existing Zoning Code; and ideally should help make zoning regulations simpler and easier to use; and WHEREAS, development of a major new set of traditional neighborhood zoning districts is an opportunity to develop a more streamlined format for the Zoning Code as a whole, as well as more streamlined zoning approval processes; and WHEREAS, the proposed more streamlined Zoning Code format, with land use tables for each zoning district category and land use standards and conditions logically organized by land use category, would be more user-friendly, much easier to use when accessed on the city web site, and of significant value to Saint Paul; and WHEREAS, the existing OS-2 General Office-Service Aistrict was adopted two yeazs ago as a temporary district to provide for development planned for the West Side Flats and the Upper Landing, and is intended to be replaced by the new T'N3 Tradihonal Neighbarhood District; and #' WHEREAS, the Upper Landing Urban Design Master Plan was adopted by the City Council on February 14, 2001, and +'. the West Side Flats Master Plan and Development Guidelines was adopted by the City Council on December 19, 2001; �d o��lnzs WIIEREAS, the Planning Commission conducted a public hearing on the Traditional Neighborhood Zoning Districts and Zoning Code Reformatting Zoning Study on July 26, 2002, where all persons present were afforded an opporlunity to testify conceming the content and recommendations of the zoning study; and WIiEREAS, on April 25, 2Q03, the Plamung Commission recommended approval of the amendments to Chapters 6Q thzough 69 ofthe Saint Paul Legislarive Code pertaining to Zoning Code reformatting and streamlining, adding tradirional neighborhood zoning districts and related amendments, recommended that the e�sting OS-2 General Office-Service Districtbe replaced with the new T'N3 Tradifional NeighborhoodDish and recommendedthat all properry on the West SideFlatsandUpperLandingcurrenUyzonedOS-2GeneralOffice-Service be rezoned to TN3 Traditional Neighborhood District; and WHEREAS, a public hearing before the City Council having been conducted on December 3, 2003, at which all interestedparties were given an opportunity to be heazd, the Council having considered all the facts andrecommendaflons concerning the amendments; NOW THEREFORE, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Secfion 1 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 That Legislafive Code Chapters 60 through 69 is hereby amended to read as follows: Chapter 60. Zoning Code -�cdapt'�r, General Pro'visions au�T Definitions; Zq,ning Districts �3s�s and �n�etneuts Maps Generaily ARTICLE I. 5Q':10'ti. � GENERAL EROUIS70NS:AND-EXCEPTIOIVS Sec. 60.1019. Short title. Chapters 60 through b99 shall be lmown and may be cited as the Saint Paul Zoning Code. (Code 1956, § 60100; Ozd. No. 16919, 5-27-82) Sec:.60,102:: Authority: This zoning.code is enacted;pursuantto theaathority granYedtio:the.munioipality b�M°innesofa Stariites'sections 462:351 Yhroug�i 462.365� Sec. 60.1034. Intent and purpose. This code is adopted by the City of Saint Paul for the £ollowing purposes: (a}) To promote and to protect the public health, safety, morals, aesthejics, ecanflmic.viabiltty and general welfare of the community; �b) ToimplementEhepoficies'of°flsescotnpxehensive.plan; (c3) To classify a11 properLy in such manner as to encpurage tfie most'appropriateuse of 1'andrtliroughout fhe:city. reffeef (ddj To regulate the location, construction, reconstrucrion, alteration and use of buildings, structures and land; (e5) To ensure adequate light, air, privacy and convenience of access to property; (fl i�j To facilitate the adequate provision of transportation, water, sewage disposal, education, recrearion and other public requirements; (g) i�j To lessen congesrion in the public streets by providing for off-street parldng of motor vehicles and far off- street loading and unloading of commercial vehicles; (h) Toprovideforsafeandef£ieietttcirculationofaLlmodesoftransportation,incl'udingtransit,pedestrianandbicycle traffio; (i) To encourage a campati6le.mi�.of land:uses, atdensiYiestfiatsnppart:lransif; ftiatxeflect the sca�e, characYer and urban design of Samrt Paul's existing traditiopal neighborhaods; (j) To provide housing choice.and housing affordability; (k) � To promote the conservation of energy and the utilization of renewable energy resources; (1} bj To conserve and impro'�e properry values; �oo 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 (m) 9j To protect all areas of the city from harmfiil encroachment by incompatible uses; �� o �� �� (n) $J To prevent the overcrowding of land �-�1$mgs; and {�T�-avai� undue conge i of a� (o) i-6j To fix reasonable standards to which buildings, sttuctures and uses shall conform; (p) i3 To provide for the adapfive reuse of nonconfornung buildings and sfructures and for the elimination of nonconforming uses of land; (q) -i-4j To define the powers and duties of the adnunistrative officers and bodies; �) i5j To provide penalries for violafions of the provisions of this code or any subsequent amendment thereto; and, (s) 46j To provide for a board of zoning appeals and its powers and duries. (Code 1956, § 60.200) Sec. 60.104�. Construction of langaage. The following rules of construction apply to the text of this code: (ai-) The particular shall control the general. (b�j In case of any difference of ineaning or implicafion beriveen the text of this code and any capfion or illush the text sliall control. Illustrations in this zoning code are provided for pucposes of describing, clarifying or providing examples; such illustrations are not to scale and do not replace, limit or expand the meaning of the teart. (c3�) The woxd "shall" is mandatory, and the word "may" is permissive. (d�j Words used in the present tense include the future; words used in the singulaz number include the plural, and the plural the singular, unless the context clearly indicates the contrary. (e5) The word "building" includes "structure" and any part thereof. (f6) Thephrase "used for" includes "ananged for," "designed for; "'intended for," "maintained for," or "occupied for." (g�j The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity. (h$j Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, condirions, provisions, ar events connected by the conjuncfion "and," "or," "either ... or," the conjunctlon shall be anterpreted as follows: (1) a: "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) bc "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) �"Either ... or" indicates that the connected items, condifions, provisaons or events shall apply singly but not in combinarion. (i9) "AbuY' means having a common boundary or relationship at either a common property line, street or alley. (j) "AdjacenY' means IQCafed neaiby;.with+or wifihbut contact, (k) }9j "Adjoin" means having a common boundary or relarionship at a common property line. (t) "Contiguous" meafis•abu}ti�u�. (in) A"-"shallinean"thLOUgh".wheigusedbetween•zoning.distiictabbLe�iationswdth°ina'landuse°categoxy;e:g,"RTI- RIv12" `Residential Di'stricts sfia1J meaii RT l,; R`I'2, RIvl1=,. attdRM2 I�esideriEaal Di'stricts. (Code 1956, § 60.300) Sec. 60�1�54. Scope of regulafions. No building or structure, or part thereof, shall hereafter be erected, constructed, or altered and maintained, and no new use or change shall be made or xnaintained of any building, structure, or land, or part thereof, except in conformity with the provisions of this code. (Code 1956, § 62.101) Sec. 603.1064. Essenfial services. Essenrial services shall bepermitted as authorized andregulatedby law and otherprovisions ofthe SaintPaul Legislarive Code, it being the intention hereof to exempt such essential services from the application of this zoning code. (Code 1956, § 63.100) Sec. 603.107�. Voting place. The provisions oP this code shall not be so construed as to interfere with the temporary use of any property as a voting place in oonnection with a municipal or other public election. (Code 1956, § 63.101) Sec. 6t1�.51086. �nt�rpr�tatioa Reqµirements declared minimum . In theii interpLetation and appiioation; the provisions of this code shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, aesEhetics, economic :viability, convenience or general welfare. It is not intended by this code to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law, ordinance, rules or regularions. The city maq impbse a8ditianal `reqnirements where deemed reasmnable andnecessary to protect tha publiq interest anzl to ensuFecompliance zvith�the staiizlards anttpurposas�crFthYS zoiring code and the policies of the comprehensive:plan. 157 15$ 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 (Code 1956, § 64.213) o� � n'9 p Sec. 6(F2.1098. £oaflitting Other city, local, regional, state and federal regulafions. L G O (a) Conflictingregulations. Wheneveranyprovisionofthiscodeconflictswith , , any othenprovisions of this code or any other law or ordinance, tken the more restrictive provision - ``s-or-�sss-ooac shall;govem, except as otherwise specifically provided. (b) Reference to other regulations. In addifion to the requuements ofthis zoning code, all uses and development shail comply with all other applicable city, local, regional, state and federal regulations. All references in this zoning code to other city, local, regional, state or federai regulations are for informarionai purposes only, and do not constitute a complete list of such regulations. These references do not unply any respottsibiliTy by the city for enforcement of other local, regional, state or federal regulations. (c) Current versions and citations. All references to other city, local, regional, state or federal regulations in this zoning code are intended to refer to the most current version and citarion for those regulations. If such references aze no longer valid due to repeal or renumbering, the new regulations intended to replace those cited, regardless of the citation, shall govern, unless otherwise specified. (Code 1956, § 62.100) Sec. 60.110. Reasonable accommodaflon. The city has a legitimate interest in preservingthe character of residential naighborhoods hy adopringxegulations relating to the number and type of structures and uses, the number of persons who may occppy a dwelling or shucture, and off- street parking, in order to control population density, noise, disturbance and traffic congestion:. However, th�se regulations shall not be applied so as Yo prevent the oity from making reasonabl� accommodat3on as.required by the Federa] Fair Housing Act Aiiiendmentsof 1988 Sec. 60.111. Private easements or covenants. This zoning code is not intended:toabrogate any easement� cove3�ant or any ofhei"private agreement; provided that where the regulatiQns of this zoning eoda.azs:mare restrldtl�e Ar imposehigher standarils or requirem�nts thansu�h easeinents, coveaants or other private.agreemen�s;:the regdlariqns.oftfle�zoning shall:gavem Sec.60.112. Severability: (a) Severability.oftexz If.anypoitionofihis.zprjingpode.isdeterminedtobe-invalidorvnconstituYionalby.a°cdurt of competentjurisdiction;.that:gortion shall be d'eemed:severed:from the.zoning code,;and such deYerminartxopshall not affect the validily of t�e remainder'. o€ the;zoriing'code, (b) Severability oJ application.: If theapplicatiari of`any portion ofthis zoriutg code to a,partticular.property;is detexmined to be invalid :o'r a conrEof aompatenE jvrisi3ietion,.such d'eferni�nation sNall not affectthe application;qfsaid'pxoi�ision to;any.other groperiy:-° Sec. 60�.58113. Vested right. Nothing in this code shall be interpreted or construed to give rise to any permanent vested rights in the confinuarion of any particular use, district, zoning classificarion, or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modificarion as may be necessary to the preservation or protection of public health, safety and welfaze. (Code 1956, § 64.214) ARTICLS It. 60.200. GENERAL DEFINITIONS Sec. 60.201@. General definitions. For the purposes of this zoning code, the terms defined inArtiele II. 60.200: GeneraZbefmitians . fi6.�Zfi shall have the meanings ascribed to them fherein. Where terms are not defined hecein ��, they shall have ascribed to them their ordinarily accepted meanings and(or such as the context herein may imply. (Code 1956, § 301) Sec.60.2024. A. .[Moved to new Chapter 65. Land Use Defznitions and Devetopment Standards.] tlz��t [Moved to new Chapter 65. Land Use Defenitions and Development Standards.] '-� �' �.*� [Moved to new Chapter 65. Land Use Definitfons and Development Standardr.] .[Moved to new Chapter 65. Land Use Definifrons and Devt. Standards.] .[Moved to new Chapter b5. Land Use Definitions and Development Standards.] .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] - .[Moved to new Ch. 65. Land Use Definitions and Devt. Standards.] .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] �. � 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 23'7 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 .[Moved to new Ch. 65. Land Use Defznitions and Devt. Standards.] ''zraRC'czzse.s [Moved to new Chapter 65. Land Use Definitions and Development Standards.] p $irport. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] � 3' 1, o� p Alley. A dedicated public way not more than thirty (30) feet wide affording a secondary means of access to abutting properry and not intended for general traffic circulation. AZteration. Any change, addition or modificarion in construction or type of occupancy, or in the stri��tural members of a building, such as foundarions, walls or partirions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed." , .[Moved to new Chapter 65. Land Use Definitions and Devedopment Standards.] .[Moved to new Ch. 65. Land Use Definirions and Devt. Standards.] , , . [Moved to new Chapter 65.] , .[Moved to new Ch. 65. Land Use Definitions and Devt. Standards.] _.__._. ,___._"::__':_.'.. [MovedtonewChapter65.LandUseDefznitionsandDevelopmentStandards.] , - . [Moved to new Chapter 65.] Apartment. A suite of rooms or a room in a mulfiple-family dwelling arranged and intended for a place of residence of a single family. Applicant. The applicant for a building, grading or fill perxnit, plat approval or site plan review. �htist�stt:�ior [Moved to new Chapter 65. Land Use Deftnitions and Development Standardr.] Attic. An unfmished space immediately below the roof of a main building. $ttto [Moved to new Chapter 65. Land Use Definitions and Development Standards.] ____.. _.__ _..__ ..__. _._.. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �hn'�� [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] ��. ..� »._.-^ V^r [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �£ttto [Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Code 1956, §§ 60.302--60307; Ord. No. 16799, 5-28-81; Ord. No. 17039, 7-7-83; Ord. No. 10-6-83; Ord. No.17204,1-15-85; Ord. No. 17521, §§ 1, 2, 1-6-88; Ord. No. 17550, § 1, 4-12-88; Ord. No. 17564, § 1, 5-19-88; Ord. No. 17680, § 1, 9-14-89; Ord. No. 17889, § 1, ll-21-89; C.F. No. 93-279, § 2, 3-25-93; C.F. No.93-1718, §§ I--6,12-14-93; C.P. No. 93-1815, §§ 1--3, 12-28-93; C.F. No. 95-352, § 1, 5-3-95; C.F. No. 95-557, § 1, 6-14-95; C.F. No. 95-471, § 1, 8-9-95; C.F. No. 95-1060, § 1, 9-27-95; C.F. No. 95- 114Q § 1, 10-18-95; C.F. No. 96-462, § 1, 6-5-96; C.F. No. 96-694, § 1, 7-10-96) Sec.60.203�. B. Backwater. A body of water connected with, but little affected by, the main stream. Barge fleeting area. An area on the river, on ar off channel, where bazges are ternporarily parked and secured while tows are assembled or broken up. Barge slip. A basin, usually adjacent to a wharf, jeriy, dock or other cargo-handling facility, where barges are brought for the purposes of loading or unloading cargo. Basement. � A portion of a building vvhiek that is partly erc�hei�y below grade buE and so located that the veriical distance from the average grade to the floor is less than the vertical distance from the average grade to the ceiling (that is, more than half way above ground). This portion of'abuilding is not a completed structure and serves as a substructure or foundation for a building. Basement (River Corridor District only). Any area of a structure having its floor subgrade (below ground level) on all four (4) sides. .[Moved to new Chapter 65. Land Use Defanitions and Devt. Standards.] Block. The properiy abutring one side of a street and lying between the two (2) nearest intersecfing streets (crossing or ternunafing); or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live sh or between any of the foregoing and any other physical barrier to the continuity of development, or corporate boundary line of the municipality. BZuffline. A line along the top of certain steep slopes facing the Mississippi River V alley as shown on the River Corridor Zoning Maps. In any particulaz case, tAe bluffline shall mean a line drawn along the top of the bluff such that the slope below the line is steeper than eighteen (18) percent and the slope above is eighteen (18) percent or less. .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] $a�xrdi�ltaus� [Moved to new Chapter 65. Land Use Definitions ¢nd Development Standards.] .[Moved to new Chapter 65. Land Use Defznitions and Development Standards.] , .[Moved to new Chapter 65. Land Use Definifions and Devt. Standards.} $rerov�'p,�ttzfi�tttlr [Moved to new Chapter 65. Land Use Defznitions and Development Standards.J Buildable area. That area of a platted lot lying within the required setbacks, exclusive of those areas that are prohibited from development due to steep slopes, wetlands, easements or other conditions protected by ordinance or legal agreement. 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 284 24� 241 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 Building. Any pern�anent structure having a roof supported by columns or walls, specifically e oluding t�e'CraTers�ar and semitrailers as defined by Minnesota Statutes, Chapter 169. Building code. The Minnesota State Building Code, as adopted by the City of Saint Paul urider Chapter 33 of the Saint Paul Lea slarive Code. , Building height. The vertical distance measured from the established grade to the highest point of the roof surface for flat and shed roofs; to the deek break line of mansard and gambrel roofs; and to the average height between eaves and ridge for gable; and hip and-gambre� roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. The existing grade of the property may not be raised around a new building or foundation in order to comply with the height requirements of this code. When there fs a dormer build into the roof, the height is measured to the midpoint of the dormer roof if the dormer(s) exceeds fifty (50) percent or more of the width of any side of the building. BuiZding Line. A line formed by the above grade face of the building, and for the purpose of this code, a minimt building line is the same as a front setback line. Butlding, totally or completely enclosed. A structure which provides for all uses to be carried on within walls, and is furnished with doors so that the faciliTy may be totally closed from access. Business. The engaging in the purchase, sale, barter or exchange of goods, wues, or merchandise or the maintenance or operarion of offices or recreational or amusement enterprises, or the fumishing of services for compensation. (Code 1956, §§ 60308--60314, 60318; Ocd. No.16876,1-28-82; Oid. No.17039, 7-7-83; Ord. No.17204,1-I 5-85; Ord. No.17393, § 1, 9-4-86; Ozd. No.17476, § 2, 7-15-87; Otd. No.17889, § 2, I 1-21-91; C.E No. 92-479, § I,10-29-92; C.F. No. 91-531, § 1, 5-6- 43; C.F. No. 46-77, § 1, 2-14-96; C.F. No. 96-1594, § 1, 1-22-47) Sec.60.204�. C. Caliper inches. The length of a straight line measured through the trunk of a tree siac (6) inches above the ground. Canopy. The horizontal extension of a tree's branches in all direcrions from its trunk. Capitol area. The azea encompassing the state capitol and its sunoundings as shown on zoning maps. The zoning regulations in this azea are under the jurisdiction of the Capitol Area Architectural and Planning Board. CelZar. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling (that is, more than half-way below ground). This portion is not a completed structure and serves as a subshucture or foundarion far a building. Ciry engineen The so designated city engineer of the department of public works of the City of Saint Paul. Clear cutting. The removal of an entire stand of trees and shrubs. £�irri� [Moved to new Chapter 65. Land Use Definitions and Development Standards,] £z�ttlr. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] £�ttster [Moved to new Ch¢pter 65. Land Use Definitions and Development Standards.] Code. "Code" or "this code," unless the context clearly indicates the Legislative Code or some other code (building, housing, fire, etc.) means the Saint Paul Zoning Code. £-�3clas/r [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] , .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] Commer-czal vahicle. Any behicleseiying:purposes' otherttian'the transportatioti.:of:pezsons or _registered for gross vehicle weight of.more than;niYxe:tfiousand.(.90'00}:pounds�.'I'fiis d'efinifiun inclndes, butas not limited to buses trailers, tracfors, skid loadexs, f]atbeds; dump tcdclzs,':bearses,.farm`eqnipment; traiTers, and triicks that ate designed fox use in. consfruction,. snow=removal or:lree trunming: . [Moved to new Chapter b5.] . [Moved to new Chapter 65.] . [Moved to new Chapter 65.] Comprehensive plan. . Tlie city's compr,eHensive plan, being:a comgilatian af policy statements goals:and ob7ecti�es, standaYds,.maps;rand statistic�tl data �gdide the physical, soclal and:economicdg��lopmen�;-both public:and.private,.of the:cqwniuuity;.as:adopfzd'by:fhe city council, including.anyamendments orsmall area�lans. adopted as addenda Yo the comprehensiva plan: .(Moved to new Chapter 65. Land Use D�nitions and Development Standards.] Council. The council of the City of Saint Paul. Eurr�tep-exehmeger [Moved to new Chapter 65. Land Use De,finitions and Development Standards.] (Code 1956, §§ 60315--60317, 60.319; Ord. No.16876,1-28-82; Ord. No.17039,1-7-83; Ord. No.17054,10-6-83; Oxd. No.17204, 1-15-85; Ord. No. 17564, § 2, 5-19-88; Ord. No. 17646, § 3, 4-6-89; Ord. No. 17845, § 1, 6-27-91; Ord. No. 17889, § 3, 11-21-91; C.F. No. 93-1718, § 7, 12-14-93; C.F. No. 94-1863, § 1, I-18-95; C.F. No. 96-1342, § 1, 11-13-96; C.F. No. 00-972, 11-8-00) Sec.60.205�. D. �aytare� [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 �mmtee ieztl�gttb�iC [Moved to new Chapter 65. Land Use Def nirions and Development Standards.] 1 (��Q DBH. Diameter at breast height, or the diameter in inches of a tree measured at four and one-hal£ �1� feet'dbHvB'thL� existing grade. Development. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use. Development(RzverCorridorDistrictonly). Themaldngofanymaterialchangeintheuseorappearanceofanysh or land including, but not limited to: a reconstrucfion, alterarion ofthe size, or material change in the external appearance, of a shucture or the land; a change in the intensity of use of the land; alteration of a shore or bank of a river, slseam, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construcfion; deposit of refuse, solid or liquid waste, or fill on a pazcel of land; or the dividing of land into two (2) or more parcels. Distnct. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this zoning code. �srttrifary. [Moved to new Chapter 65. Land Use Definirions and DevelopmenT Standards.] Drip Zine. An imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground. �vae�ircg;-erts=fstttif}r [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �roe�l�ntg-tvroofcmrilq: [Moved to new Chapter 65. Land Use Definitions and Development Standards.] - (Moved to new Chapter 65. Land Use Definitions and Development Standards.] - .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] .(Moved to new Chapter 65. Land Use Definitions and Development Stanrlards.] �3�-�tro�altatrs� [Moved to new Chapter 65. Land Use Definitions and Developmenf Standards.] .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] Dwelling unit. A building, or portion thereof, designed for occupancy by one family for residenrial purposes used or intended to be used for living, sleeping and cooldng or eating purposes. (Code 1956, §§ 60320--60327; Ord. No. 16876, 1-28-82; Ord. No. 16956, 9-9-82; Ord. No. 17039, 7-7-83; Ord. No. 17524, § 3, 1-6-88; Ord. No. 17540, § 1, 2-78-88; Ord. No. 17646, § 4, 4-6-89; Ord. No. 17889, § 4, 11-21-91; C.F. No. 93-1718, §§ 8, 9, 12-14- 93; C.F. No. 00-972, 11-8-00) Sec.60.2065. E. Earth-sheltered strz2cture. Any completed building constructed so that fifty (50) percent of the exteriar surface area of the building excluding gazages and other accessory buildings is covered with earth, and constxucted to the following standards: (1) Eighty (80) percent or more of the roof area is covered with a minimum depth of twelve (12) inches of earth; (2) Fifty (5�) percent or more of the wall area is covered with a minimum depth of twelve (12) inches of earth; (3) Those portions of the structure not insulated with a minimum of seven (7) feet of earth shall have additional insulation. .[Moved tA new Chapter 65. Land Use Definitions and Development Standards.] Erected. The word "erected" includes built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the building or structure. Excavation, fill, drainage and the like shall be considered a part of erectian. Erosion. The general process by which soils are removed by flowing surface or subsurface water or by wmd. Essential services. The erection, construction, alterarion or maintenance by public utiliries or municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission or distribution system collection, communicafion, supply or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alann and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such ufilities or municipal departments for the general health, safety or welfaze. Excavation. Any breaking of ground, except common household gardening and ground care. (Code 1956, §§ 60328--60.330, 60396; Ord. No. 16876, 1-28-82; Ord. No. 17039, 7-7-83; Ord. No. 17845, § 2, 6-27-91) Sec.60.2075. F. Facility resident. A person who resides in a community residential facility and contributes towazd meeting the facility's licensed capacity. Family. One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereo fl together withnotmore thantwo {2) personsnot sorelated, livingtogether in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code. Ferace, obscuring. A fence which is eighty (80) percent or more opaque. 385 �'inis3ring sho� [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] 0 3° � O 2 8 386 Firearm. Any weapon from which is propelled any missile, projecfile, bullet or other mass through a barrel by means 387 of explosives or gas or air, but excluding antique firearm, children's toy, "BB" gun, scuba gun, stud gun, nail gun, or 388 similar indushial tool or medical instrument. 389 Firearms dealer. A person who is federally licensed to sell firearms. 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 Flood. A temporary increase in the flow or stage of a stream or in the stage of a wefland or lake that results in the inundation of normally dry areas. Flood fringe. That portion of the floodplain ouYside of the floodway. Flood proofing. Those methods of construcrion described in the Uniform State Building Code which, when applied to sh or properties, will prevent or mitigate damage from floods. Flood protection elevation. That elevarion not less than one (1) foot above the water surface profile associated with the rea onal flood plus any increases in flood heights attributable to encroachments on the floodplain. Ftood, regional. A flood which is representative of large floods lrnown to have occurred and characteristic of what can be statistically expected to have a one-percent (1%) chance of being equaled or exceeded in any given year aeearen-an and have water surface elevafions equal to those filed with and made a part of the River Corridor District Zoning Map. Regional flood is synonymous with the term "base flood" in the Flood Insurance Study, and is commonly refezred to as the "100-year flood" or "1% chance flood." Flood, standard project. The flood that may be expected from the most severe combination of the meteorological and hydrological conditions that is considered reasonably chazacteristic of the Saint Paul geographic azea, excluding extremely raze combinations. Such floods are intended as practicable expressions ofthe degree ofprotection that should be sought in the design of flood-control works, the failure of which might be disastrous. Floodplain. The areas adjoining a watercourse at or below the water swface elevation associated with the regional flood that have been or hereafter may be covered by the regional flood. Floodway. The channel of the watercourse and those portions of the adjoining floodplains which have been determined necessary to carry and discharge the regional flood. The floodway has been determined in accordance with Minnesota Statutes, Chapter 104, and Minnesota Regulations NR 85. Floor area. The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exteriar waAs or from the centerline of walls separating two (2) buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, or space used for off-street parking or loading, breezeways, and enclosed and unenclosed porches, elevator or stair bulkheads and accessory structures. Floor area, gross (for the purposes of computing parking). The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The gross floor area measurementis exclusive ofareas ofunfinishedbasements, unfinished cellars, unfmished attics, attached garages, space used for off-street pafldng or loading, breezeways, enclosed and unenclosed parches and accessory structures. However, unfinished basements and unfinished cellars are counted as storage space for purposes o£meeting parking requirements. Floor area, gross leasable (for the purposes of computing shared parking under section 63�.�20fi3{ej). The total floor area of a building ar structure designed for the tenants' occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the outside face of the exterior walls and from the centerline of common walls or joint partitions. All that area for which tenants pay rent, including sales and integral stock areas, but excluding stairwells, elevator shafts, mechanical rooms, space related to the operation and maintenance of the building, and lobbies and bathrooms located for common or public use rather than for tenant or internal use. Floor area ratio (F.A.R.J The total floor area of all buildings or structures on a zoning lot divided by the area of said lot. FZoor area, usable. That area used for or intended to be used for the sale of inerchandise or services, ar for use to serve patrons, clients or customers and all that area devoted to employee workspace. Such floor area which is used or intended to be used principally for the storage of inerchandise, hallways, elevator or stair bulkheads or for utilities or sanitary facilifies shall be excluded from this computation of "usable floor area." Measurement of usable floor area shall be the horizontal azeas of the several floors of the building, measured from the exterior faces to the exterior walls. �aris� [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �oe�she�lf. [Moved to new Chapter 65. Land Use Defnitions and Development Standards.] �ast�r �ro�x� [Moved to new Ckapter 65. Land Use Definitions and Developrnent Standards.] �'t�u!t�rnit7�hozts�: [Moved to new Chapter 65. Land Use Definitions and Development Standards.] .[Moved to new Chapter 65. Land Use Definitions and Devt Standards.] Front setback line. A line which is pazallel to the front lot line which establishes the minimum front yard depth of a zoning lot. The locarion of such front setback line shall be determined by the required depth of the front yard as prescribed in the diruensiorial!'standards of this code (Chapter 66�). ��°1028 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 47'7 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 (Code 1956, §§ 60331--60336, 60339, 60.396; Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 16956, 9-9-82; Ord. No.17039, 7-7-83; Ord. No.17204,1-15-85; Ord. No.17524, § 4, I-6-88; Ord. No.17646, § 4, 4-6-89; Ord, No. 17845, § 3, 6-27-91; C.P. No. 91-531, § 2, 5-6-93; C.F. No. 91-261, § 1, ll-23-93; C.F. No. 95-20, § 1, 3-15-95; C.F. No. 95-203, § 1, 3-22-95; C.F. No. 95-114Q § 2, 10-18-95) Sec.60.208�. G. Grade. The elevation established for the purpose of regulating the number of stories and the height of buildings. Crrade shall be the mean level of the finished surface of the ground adjacent to tl�e exterior walls of the buildings. £'n'e2frltous� [Moved to new Chapter 65. Land Use Deftnifions and Development Standards.] , .[Moved to new Chapter 65. Land Use Defznitions and DeveZopment Standards.] Guest room. A room or a group ofrooms forming a single habitable unit which is located within the walls of a dwelling unit and wkrich is used or intended to be used for sleeping and living, but not for cooking or earing purposes and which is let individually as a unit. The guest room, designed and intended to be rented to a single party, shall consist of ncs�mote than two (2) rooms, not including bathing faciliries, of which only one (1) shall be a sleeping room. 8ttn-sltojr [Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Code 1956, §§ 60.337, 60340, 60397, 60398; Ord. No. 17039, 7-7-83; Ord. No.17393, § 1, 9-4-86; Ord. No. 17470, § 1, 7-1-87; C.F. No. 95-20, § 2, 3-15-95; C.F. No. 95-I140, § 3, 10-18-95) Sec.60.2098. H. Hazardous waste. Any refuse or discarded material or combinations of refuse or discarded materials in solid, semisolid, liquid or gaseous formwhich cannotbe handledby routine waste managementtechniques because they pose a substantial present or potential hazazd to humau health or other living organisms because of their chemical, biological or physical properties. Categories of hazardous waste include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and conosives. Hazardous waste does not include sewage sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. .[Moved to new Ch. 65. Land Use Definitions and Devt. Standards.] $2ttlthfspsrf-tlu�r. [Maved to new Chapter 65. Land Use Definitions and Development Standards.) $�Iip�f-E [Moved to new Chapter 65. Land Use Definitions and Development Standards.] �isY�jr. [Moved to new Chapter 65. Land Use Definitions and DeveZopment Standards.] .[Moved to new Chapter 65. Land Use Defznitions and Devt. Standards.] .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] Historic structure (River Corridor Dtstrict only). Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of 7nterior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or prehminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registezed historic district; or (3) Designated by the city as a heritage preservation site. $en�mr. [Moved to new Chapter 65. Land Use Defnisiorzs and DeveZopment Standards.] $ospit�r [Moved to new Chapter 65. Land Use Definitions and Development Standards.] $ospzhxl- [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] .[Moved to new Land Use Definitions ¢nd Development Standards.] (Code 1956, §§ 60341, 60342; Ord. No. 17039, 7-7-83; Ord. No. 17302, § 1, 10-29-85; Ord. No. 17524, § 5, 1-6-88; Ord. No. 17550, § 4, 4-12-88; Ord. No. 17564, § 3, 5-19-88; Ord. No 17680, § 2, 9-14-89; Ord. No. 17845, § 4, 6-27-91; C.F. No. 91-531, § 3, 5-6-93; C.F. No. 95-1140, § 4, 10-18-95) Sec. 6Q.2109. I. .[Moved to Sec. 60.220. S. Sewage trearinenf system, indtvidual.] .[Moved to new Chapter 65. Land Use Definikons and Devt. Standards.] Infectious waste. Waste meeting the definirion of "infectious waste" under Minnesota Statutes, section 116.76, subdivision 12. Institutional uses. For the purposes of siting cellular telephone antennas, schools (excluding day care uses), parks, cemeteries, golf courses, sports arenas, churches, hospitals, libraries, athletic fields, and land or shuctures owned by the city, county, state, or federal govemments. .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Ord. No. 17889, § 6, ll-21-91; C.F. No. 92-1217, § I, 10-6-92; C.F. No. 93-906, § 1, 11-4-93; C.F. No. 97-565, § I, 6-I I-97) Sec.60.2119. J. Sec.60.2124. K � . . . , . , . , , . 500 501 502 503 SOA 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 Sec. 60.213�. L. �1 � � � ^) � Landscaping, Includes plants such as trees, grass and shrubs. ��' � Limits of disturbance. The total azea within a development site that will be disturbed in any way for land alteration or construction. Loadingdock A large building door primarily used for loadinglunloading items from trvcks. The floor of a loading door dock is raised above the truck ramp's surface. This excludes bay doors that wirieii aze large building doors through which vehicles can drive. Loading space. An off-street space, on the same lot with a building or group of buildings, for the temporary partdng of a commercial vehicle while loading and unloading merchandise or materials. Lot. A pazcel of land occupied, or intended to be occupied, by a main building or a group of main buildings and accessory buildings, or urilized for the principal use and uses accessory thereto, together with such yazds and open spaces as aze required under the provisions of this zoning code. A lot may or may not be specifically designated as such on public records. Lot area. The total horizontal area wittun the lot lines of the lot. Lot, corner. A lot where the interior angle of two (2) adjacent sides at the intersecfion of huo (2} streets is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this code if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the suaight street line, extended, forxn an interior angle of less than one hundred thirry-five (135) degrees. Lot coverage. The part or percent of the lot occupied by the above-grade portion of buildings. Lot depth. The average horizontal distance between the front and rear lot lines. Lot, interion Any lot other than a comer lot. Lot Zines. The lines bounding a lot as defined herein: (1) Front Lot Line: For an interior lot, the line separafing said lot from the street. For a corner lot, the line separaring said lot from either street. For a tlirough 1ot, the line separaring said lot from both streets. (2) Rear Lot Line; The lot line opposite the front lot line. Tn the case of a lot pointed at the rear, the reaz lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot. (3) Side Lot Line: Any lot line other than the front lot line or rear lot 1ine. A side 1ot line separating a lot from the street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. Lot of record. A platted parcel of land, the dimensions of which are shown on a document or map on file with the county recorder and which pazcel of land actually exists as so shown; in no case shall a portion of an original platted lot constitute a lot of record. Lot, reversed frontage corner. A corner lot, the rear lot line of which abuts a side lot line of an abutting lot. Lot, through. Any lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot. Lot width. The horizontal distance between the side lot lines, measured at the two (2) points where the building line or setback line intersects the side lot lines. Lot, zoning. A single tract of land which, at the time of filing for a building permit, is designated by its owners or developers as a tract to be used, developed or built upon as a unit, under ownership or control of one person or joint tenants. A zoning lot shall satisfy this code with respect to area, size, dimensions and frontage as required in the district or districts in which the zoning lot is located. A zoning lot, therefore, may or maynot coincide with a lot of record as filed with the county recorder but may include one or more lots of record. (Code 1956, §§ 6Q.344--60356; Oxd. No. 16799, 5-28-81; Ord. No. 16876, 1-28-82; Ord. No. 16456, 9-4-82; Ord. No. 17524, § 6, 1-6-88; Ord. No. 17889, § 5, 11-21-41; C.F. No. 45-203, § 2, 3-22-95; C.F. No. 00-130, § 1, 3-1-00) Sec.60.2143. M. Main (principal) buitding. A building in which is conducted the principal use of the zoning lot upon which it is situated. Main (principal) use. The principal use to which the premises are devoted. Major expansion. An expansion involving a twenty (20) percent or geater addition to the total land azea presently covered or used by a residential, industrial, commercial, recreational or public facility. �bfujar [Moved to Sec. 60.221. T Thoroughfar'e, Major.} Manufactured single family dwelling. A structure transportable in one or more secfions which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utiliries. No manufactured dwelling shall be moved into the City of Saint Paul which does not meet the Manufactured Home Building Code as defined in Minnesota Statutes, Section 32731, Subdivision 3. z�sssag�-e�tL•ert [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] Master plan . , > , 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 bythe A plan for a specific site proposed for development or redevelopment under�the provisions of the TN3 District, in order to demonstrate compliance with the intent of that dish-ict. �� '��8 .[Moved to new Chapter 65. Land Use Definitions and Development Standards.] �, ;.�, �����u� '-�� [Moved to new Chapter 65. Land Use DefcniSons and Development Standards.] y " Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor azea of not more than one-third ('/a) of the area of the room or space in which the level or levels are located. zbfirtittg [Moved to new Chapter 65. Land Use Definitions and Development Standardr.] ' Mississippi River Corridor. That azea of the city within the boundaries of the Mississippi River Corridor Critical Area, established by Executive Order No. 79-19. ., .[Moved to new Chapter 65.Land Use Definirions and Devt. Standards.] Multiuse retail center. A single, unified development on one (1) zoning lot whiek that provides commercial space to a variety of retail uses and has at least twenty thousand (20,000) square feet of gross leasable area. Municipality. The City of Saint Paul. (Code 1956, §§ 60.357--60362, 60389, 60393, 60.594; Ord. No.16876,1-28-82; Ord. No.16913, 4-27-82; Ord. No.17039, 7-7-83; Ord. No. 1�054, 10-6-83; Ord. No. 17564, § 4, 5-19-88; Ord. No. 17689, § 1, 10-26-89; Ord. No. 17777, 10-ll-90; Ord. No. 17845, § 5, 6-27-91; C.F. No. 93-1718, § 10, 12-14-93; C.F. No. 97-1406, § 1, 12-10-97) Sec.60.215#. N. Net acreage, net area. The area of a tract or parcel that is designated for development on a master plan, site plan or other development plan, not including any area occupied by a public or private street or alley right-of-way, pedestrian right-of- way, designated wetland or water body, or designated public open space. Nonconforming building. A lawful building exisfing on the effective date of adoption (October 24, 1975) or amendment of this code but that does not now comply with the area, width, height, yard, percent of lot coverage, or other regulations conceming bulk or location on the lot, or spacing requirements from another use, off-street pazking and loading requirements, or other regulations of the district in which it is located. Nonconforming use. A lawfixl use existing on the effective date of adoption (October 24, 1975) or amendment of this code but that is not now permitted in the district in which it is located. Normal highwater mark. A mark delineating the highest water level that has been maintained for a sufficient period of rime to leave evidence of the level upon the landscape. It is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. When the normal highwater mark is not evident, setbacks shall be measured from the stream bank of the main channel, adjoining side channels, backwater and sloughs. Nuisance. A substantial unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious or offensive. �sing [Moved to new Chapter 65. Land Use Defenitions and Development Standards.] (Code 1956, §§ 60363--60365(1); Ord. No. 16876, 1-28-82; C.F. No. 96-307, § 1, 4-24-96) Sec. 60.2165. O. Obscene. Obscene has the same meaning as defined in Chapter 274 of the Saint Paul Legislative Code. Obscene work. Obscene work has the same meaning as defined in Chapter 274 of the Saint Paul Legislarive Code. Obstruction (River CorridorDistrict only). Any dam, wall, wharf; embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecfing debris carried by such water. - [Moved to Sec. 60.217. P. below.] 6v�rnightsltelt�t- [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Open space. Land and water ai�eas refained for nse asaetive orgassiverearaation:areas or for res�ruce protection. F'or the calcnlation ofminimum open spaoe �uitlrin a TN3 Traditional Neigh6orhoodUistri6tde�elopment; open spaoershall not include�parking facilifdes,>diiveways; utility orservice�areas or rsquired yards' Ownen "Ownership" or 'bwner" shall mean holder of fee simple title. (Code 1956, §§ 60366, 60367; Ord. No. 16799, 5-28-81; Ord. No. 17564, § 5, 5-19-88; Ord. No. 17845, § 6, 6-27-91; C.F. No. 91- 531, § 4, 5-6-93) Sec.60.2176. P. .[Nloved to new Chapter 65. Land Use Definitions and Development Standards.] Parking. The placement of automobiles, trucks, trailers, semitrailers, intermodal cargo containers, or other vehicles for five (5) or fewer days. , .[Moved to new Chapter 65. Land Use Definirions an d Devt. Standards.] 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 644 650 651 652 653 654 655 656 657 658 659 66Q 661 662 663 664 665 666 667 568 O�•IO28 Parking facility, off-street. All areas, spaces and structures designed, used, required or intended to be used for the pazking of more than three (3) motor vehicles. This defmition is intended to include adequate driveways, accessways, parking bays, garages, of a combinarion thereof, but does not include public roads, streets, highways and alleys. Parking space. An area of definite length and width designed for parking of motor vehi'cles, said area shall be exclusive of drives, aisles or enh giving access thereto. Pathological waste. Waste meeting the definirion of "pathological waste" under Minnesota Statutes, section 116.76, subdivision 14. �a cc�rshop; [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] Planningadministratororplanningcoordinafor. Theheadofthedivisionofplanningofthedepartmentofplanningand economic development of the City of 5aint Paul, or such employees under his direction as he may designate. Planning department. T`he division of planning of the deparhnent of plaxming and economic development of the City of Saint Paul. Planning district. One (1) of seventeen (17) geographic areas delineated, and from time to time amended, by the city council to facilitate cifizen participarion, eazly nofification of proposed city actions, and planning for the purpose of determining concentrarion ofcommunilyresidential facilities. Planning District Thirteen is divided into three (3) sepazate planning districts: Merriam Park, Snelling-Hamline and Lexington-Hamline. An official map of the designated areas is maintained by the department of planning and economic development. Ponding area. A basin which retains stormwater runofffrom an adjacent area. Principal use or building. (See "main building" and "main use.") Public realm. Tfiat aspect of the uxban environment that is visible.and accessible to the public, including both pnblic spaces — such as streets, plazas, sidewalks and — and the building walls thaY frame them. Public utility. A person, firm or corparation, municipal department, boazd or comunission duly authorized to fumish and fiunishing to the public, under federal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water. (Code 1956, §§ 60368--60.371, 60,395; Ocd No.16799, 5-28-81; Ord. No. 16876,1-28-82; Otd. No. 17845, § 7, 6-27-91; C.F. No. 43-906, § 2, ll-4-93; C.F. No. 96-1Q28, § 1, 10-9-96; C.F. No. 98-216, § 7, 4-8-48; C.E No. 00-130, § 2, 3-1-00) Sec.60.21$�. Q. Sec.60.2195. R. Reach. A hydraulic ena neering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. Recyclable material. Reusable material including, but not limited to, glass, plastics and synthetic materials, paper products (such as newspapers, stationery, scrap papeT, computc� paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, and building materials, but not including yard waste or mised municipal solid waste (garbage). .[Moved to new Chapter 65. Land Use Defznitions and Development Standards.] - ,[Moved to new Chapter 65. Lattd Use Definitions ¢nd Development Standards.] .[Moved to new Chapter 65. Land Use Defnztions and Devt. Standards.] Regulatory flood protection elevation. That elevarion not less than one foot above the water surface profile associated with the regional flood plus any increase in flood heights attributable to encroachments on the floodplain. �[Moved to new Chapter 65. Land Use Definitions and Development Standards.] , - .[Moved to new Chapter 65. Land Use Defznih'ons and Develapment Staadards.] - .[Moved to new Chapter 65. Land Use Definitions and Development Standards.} > > , - - �mt�i�tghetts�r [Moved to new Chapter 65. Land Use Definitions and Development Standards.] Root zone. The azea under a tree that is at and within the drip line of a tree's canopy. (Code 1956, §§ b0372--60375; Ord. No. 76$76, I-28-82; Ord.No.17689, § 2,10-26-89; Ord.No.17777,10-11-90; Ord. No.17889, § 7, 11-21-91; CF. No. 92-479, § 2, 10-29-92; C.E No. 91-531, § 5, 5-6-93; C.F. No. 93-1718, § 11, 12-14-93; C.F. No. 95-472, § 1, 5-31-95; C.F. No. 96-462, § 2, 6-5-96; C.F. No. 97-IA06, § 2, 12-10-97) Sec.60.22(►19. S. Setback. The distance required to obtain front, side or rear yard open space provisions of this code, measured from the lot line to the above-grade faces of the building. . [see below] 669 670 671 672 673 674 675 676 6 77 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 �� a i o Z V Sewage treatment system, individual . A sewage treahnent system or part thereof serving a dwelling, or other establishment or group thereof, that uses subsurface soil treatment and disposal or abovegound soil treatment in azeas of high water table or bedrock or rapidly or slowly permeable soils. .[Moved to new Chapter 65. Land Use Definitions and Devt. 5tandards.] ShoreZand. Land located within the following distances from public waters: (a) One thousand (1,000) feet from the normal high water mark of a lake, pond, or flowage; and (b) three hundred (300) feet from a river or stream, or the landwazd extent of a floodplain designated by ordinance on such a river or stream, whichever is geater. The pracfical limits of shorelands may be less than the statutory lamits whenever the waters involved aze bounded by natural topographic divides which extend landward from the waters for lesser distances, as determined by the Minnesota Deparhnent of Natural Resources. Sign. (See Chapter 646Signs.) Slopes, steep. Slopes which aze steeper than one hundred (1Q0) feet horizontal to twelve (12) feet vertical but are not steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (12%--18%). Slopes, very steep. means Slopes which are steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (18% and over). .[Moved to new Chapter 65. Land Use Defanitions and Devt. Standards.] 3`�'o�'it}rhrnts� [Moved to new Chapter 65. Land Use Deftnifrons and Development Standards.] Specified anatomical areas � (1) Less than completely and opaquely covered: a. Hm��an genitals; b. Pubic region; c. Buttocks; and d. Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discemibly turgid state, even if completely and opaquely covered. Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling ox other erotic touching of human genitals, pubic region, buttock or female breast. (4) No obscene work shall be allowed. $tafeftti�� [Moved to new Chapter 65. Land Use Defznitions and Development Standards.] .[Moved to new Chapter 65. Land Use Defnitions and Devt. Standards.] Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awairing servicing, processing armanufacturing; finished products ofa servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpsters �vhrek that are accessory to the main use; and automobiles, trucks, automobile trailezs, semitrailers, intexxnodal cargo containers, or other vehicles not used for more than five (5) days. Story. That part of a building, except a mezzanine, as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story. Story, half. An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a cleaz height of seven feet six inches (7' 6"). For the purpose of tkns code, the gross floor area is only that area having at least four (4) feet clear height between floor and ceiling. Street. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property. Street, collector. A street connecring neighborhoods within the same communifies and designed to cany traffic from local streets to the arterial system. Street line. The property line sepazating private or public property from a designated street. Street, local. A street connecring blocks within neighborhoods and designed for short trips at low speeds. Stvucture. Anything constructed or erected, the use of which requires locarion on the ground or attachxnent to something having location on the ground. Superintendent ofparks. The superintendent of pazks of the City of Sainb Paut. Swimming pool. A pool or tub constructed either above or below grade and hauing a capacity of five thousand (5,000) or more gallons. (Code 1956, §§ 60376--60385; Ord. No. 16876, I-28-82; Ord. No. 16913, 4-27-82; Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-15- 85; Ord. No. 17564, § 6, 5-19-84; Ord. No. 17646, § 4, 4-6-89; Ord. No. 17667, § 1, 7-13-89; Ord. No. 17827, § 1, 5-9-91; Ord. No. 17545, § 8, 6-27-91; Ord. No. 17889, § 8, 11-21-91; C.F. No. 92-1479, § 1, 12-15-92; C.F. No. 91-261, § 3, 11-23-93; C.F. No. 97- 1089, § 1, 10-1-97; C.F. No. 98-216, § 8, 4-8-98) ;� 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 Sec.60.221@. T. �� 1 Temporary use or building. A use or building pernutted to exist under specific stipularions of this cod2`d� �riods of construction of the main building or use, or for special events. � > a x Thoroughfare, major. An arterial street which is intended to serve large volumes of traffic for both the municipal area ' and the region beyond and shall include the following as defined in the comprehensive plan: ,� (1) Principal Asterial: A street serving the entire metropolitan area and designed fer high-volume, high-speed traffic, accessible only from enlrance and exit ramps; principal arterials are often referred to as freeways. (2) IntermediateArterial:Aslzeetconnectingsubregionsandcommuniriesanddesignedtocarrymediumdistancetrips at high speeds; ideally direct access should be aY major activity centers such as shopping centers. (3) Minor Arterial: A street connecting adjacent subregions and communities within the same subregion and designed to carry medium distance trips at moderate speeds; many of these streets are characterized by adj acent residenrial uses. .[Moved to Sec. 60.203. B. Building, totally or completely enclosed.] Transit sh-eet. Those streets or segments of streets where there is high volume transit service and/or a minimum level of 10 minute peak frequency as follows: University Avenue, Robert Street between University Avenue and Concord Street, Concord Street between Wabasha Street and State Street, and Wabasha Street between Twelfth Street and Winifred Street. .[Moved to new Chapter 65. Land Use Definitions and Devt. Standards.] Tree. Any self-supporting, woody, perennial plant, usually with one (1) main stem or t�vnk and many branches. Treeline. The more or less continuous line formed by the tops of trees in a wooded azea when viewed from a particular point. Such line shall be deternuned during all seasons as if under full foliage. .[Moved to new Chapter 65. Land Use Defnitions and Devt. Standards.] (Code 1956, §§ 60.386, 60387; Ord. No. 16876, 1-28-82; Ord. No. 17039, 7-7-83; Ord. No. 17845, § 9, 6-27-91; Ord. No. 17889, § 9, 11-21-91; C.F. 92-1479, § 2, 12-15-92; C.F. No. 00-130, § 3, 3-1-00) Sec.60.2224. U. Use. The principal purpose for which land or a building is being occupied. (Code 1956, § 60.390) Sec.60.223�. V. Pariance. (See: "zoning speeia� conditional uses and variances.") Vestibule. An enclosed entrance intended for the conservation of energy and attached to an entry way of a principal structure. �t�'[��cr [Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Code 1956, § 60.397; C.F. No. 93-1718, § 12, 12-14-93) Sec.60.2243. W. Wetlands. Low-lying azeas which may be covered with shallow water. They are frequently associated with a highwater table. Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands. They may occur adjacent to or within natural drainageways or as freestanding low areas. Wetland shall consist of Types 1--8 as defined in U.S.D.I. Fish and Wildlife Circular 39. [Moved to new Chapter 65. Land Use Definitions and Development Standards.] (Ord. No. 16876, 1-28-82; C.F. No. 92-1718, § 13, 12-14-93) Sec.60.2254. X. Sec.60.2265. Y. Yard waste. A collecrion of lawn clippings, leaves, weeds, gazden wastes and prunings. � - ' � - - - -- -, - - - - -- -'. [Moved to new Chapter 65. Land Use Definifions and Devt. Standards.] , .[Moved to new Chapter 65. Land Use De,finitions and Development Standards.] Yards. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as othenvise provided in this code, and as defined herein: (1) Front yard: An open space extending the full width of the front lot line, the depth of which is the minimtun horizontal distance between the front lot line and the neazest above-grade point of the main building. For a corner lot which is not a reversed frontage comer lot, the front yard shall adjoin a front yard in an adjoining lot. (2) Rear yard: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest above-grade point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage. 781 782 783 784 785 786 787 788 789 790 791 792 793 744 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 $18 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 �� (3) Side yard: An open space between a main building and the side lot line, extending from�ie�roht ��t�rear yard, the width of which is the horizontal distance from the neazest point of the side lot line to the nearest above- grade point of the main building. (Code 1956, § 60391; Ord. No. 17827, § 2, 5-9-91) Sec.60.2276. Z. Zoning committee. An advisory committee to the plavning commission, established under secfion 107.03 of the Saint Paul Adminish�ative Code. Zoning specicrl conditional uses and variances: (1) $peeiat Condirional uses: A speeia} conditional use is a use permitted only after review and approval of an applicarion by the planuing commission, or the planning administrator where delegated to do so pursuant to section 61�300. (2) (3) Variance: Amodification ofthe literal provisions ofthe zoning code granted when sirict enforcement of the zoning code would cause undue hazdship owing to circumstances unique to the individual property on which the variance is granted. There are two (2) categories of variances: a. Minor variance. A modificarion of a provision regulating a one-family detached dwelling and pertaining specifically to construcfion of a fence, a deck, a swimming pool, an accessory building, or an addition to the main building when the addition is not designed to convert the building for use by more than one (1) family. b. Major variance. A modification of a provision regulating any development not specifically included in the definirion of minor vaxiance. Maj or variance includes any modificarion allowing the construcfion ar moving of a one-family detached dwelling or allowing the addition of a second dwelling unit. The "speeia} condifional use" differs from the "variance" in several respects. A speer� conditional use does not require hardship in order to be allowable. �he-speeia} Conditional uses that are found in this code appear�s "speeig} require approvalu by the planning commission. These land uses could not be coriveniently allocated to one (1) zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one (1) or more of the following: d. They aze sometimes obnoxious or hazardous; a. They require large areas; b. They are infrequent; c. They sometimes create an unusual amount of traffic; e. Tiiey are required for public safety and convenience. (Code 1956, § 60.392; Ord. No. 17030, 6-7-83) ARTICLE III. 60:3QQ: ZOII�?ING DISTRICTS �ES AND MAPS GEIVERAI,LY i2�sE;{��9Ads* *Editor's note--The nuxnbexs in the vazious division and subdivision fifles of tlus article are derived from the numbers giveu to the several sections of flus part of the zoning code by the city and have been retained herein at the discrerion o£ the editor for ease of reference by the usez. � �. �... � � ,,,.,.... �. . . . . Sec. 60.301A. Zoning districts estabLlshed. For the purposes of this code, the City of Saint Paul is hereby divided into the following zoning dish (a) RESIDENTTAL DISTRICTSc (b) R�L One-Family Large Lot Residential Distxict- R=1 One-Family Residential District.- R=2 One-Family Kesidential District: R=3 One-Family Kesidential District.- R=4 One-Fanuly Residential Dishict- RT=1 Two-Family Residential District: RT=2 Townhouse Residential District RM=1 Low-Density, L.ow-Rise Multiple-Family Residential Di�trlch RM=2 Medium-Density, Low-Rise Multiple-Family Residenrial District: RM=3 High-Density, High-Rise Mulfiple-Family Residential District.- TRADITIONAL NEIGI3BOi�TOOD:DISTRICTS TNl TraditionalNeighbarhao_dDistrict TN2 Traditional Naighbozhoad'DieYzict _� : . �A, . :� :� . � :� :�. :� :� �. . : 1 : . :� : . . : : : . . :�1 .� .� :.� . ... . ..: :. : ' . : � : . � : : � . :. .� :.� ::. :: ::� :•1 :� :� (c) TN3 Traditional Neighborhood District BUSINESS AISTffiCTS- OS� Office-Service District.- B=1 Local Business Dishict: BC Community Business (Converted) District B=2 Community Business District: S=3 General Susiness District: B� Cenhal Business District: ��°1028 B=5 Central Business-Service District <d) INDU5TRIAL DISTRICTS- IR River Conidor Industrial District I=1 Light Indushial DishicC: I=2 General Industrial District: I 3 Restricted Industrial District (e) CIVIC AND OPEN SPACE DISTRICTS CO Civic and Open Space District CV Conservancy District (fl SPECIAL DISTRICTS- VP=} Vehicular Parldng District: PD Planned Development District (g) OVERLAYDIST'RICTS FP State Fair Pazking Overlay District TP Tree Preservafion Overlay Disteict SD Shepazd�Davem Rede�velopment OverlayDi'striat WB White Bear Avercue Overlap Distriet F�V Hillcrest Village.Qverlay Dist�iet (h) RNER COIZRIDOR OVERLAT' DISTRICTS RC=1 River Conidor Floodway Overlay Districtc RC=2 River Corridor Flood Fringe Overlay District.- RC=3 River Corridor Urban Open Overlay Dishictc RC=4 River Corridor Urban Diversified Overtay Districtr (Code 1956, § 60.400; Ord. No. 17116, 3-22-84; Ord. No. 17222, § 1, 3-14-85; Ord. No. 17511, § 6, 11-12-87; Ord. No. 17889, § ]0, 11-21-91; C.F. No. O1-501, § 1 7-5-01) Sec. 60:302. Primary avd overiay'districYS: Primazy zoning districts inelnde �flie disiricts� tisted':in section 66.3`ffl(a) through_(�j.. All property in,the city,shall:?be located:within a primary zoriing dis�ict. = Overlay districts rnclude'the districYS listed in section G0.30.1(g) and,(h) Sec. 60.3034. Official zoning maps. The City of Saint Paul is divided into various zoning districts shown on the maps accompanying this code, which maps are entitled °Zoning Map of Saint Paul." Such maps and any amendments, with all explanatory matter thereupon, are hereby made a part of this code and shall be as much a part of this code as if the matter and informafion set forth thereon were all fully described herein. (Code 1956, § 60.401) Sec. 60.304$. District boundaries interpreted. Where uncertainty exists with respect to the boundaries o£ any of the districts established in this code as shown on the zoning map, the following rules shall be applied: (a4) Where district boundaries are indicated as approximately following the centerline of streets or highways, sixeet lines, highway right-of-way lines or railroad right-of-way lines, such centerlines, street lines or Irighcvxy right-of- way lines shall be conshued to be said boundaries. (bZ) Where district boundaries are sa indicated flra�they as approximately following the lot lines, such lot lines shall be construed to be said boundaries. (c3) Where district boundaries are sa indicated that�heq-are as approximately parallel to the centerlines of streets or the centerlines of right-of-way lines of highways or railroads. such district boundaries shall be construed as being 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 9l1 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 parallel thereto and at such distances therefrom as indicated on the zoning map. If no such distance is given, such dimensions shall be detem�ined by the use of the scale shown on said zoning map. ��� �� (d#) Where the boundary of a district follows a stream, river, lake or other body of water, said o e deemed to be at the limit of the jurisdicrion of the city unless otherwise indicated. (e5) Where the boundary o£ a dishict follows a subdivision boundary line, such boundary tine shall be construed to be said district boundary line. ( fl Decisions on Floodway and Fiood Fringe Overlay District boundaries shall be based on the regional flood profile and ezcamination of the floodway delineation on the Flood Insurance Rate Map and other supporting technical data in the Flood Insurance Study as adopted in section 68.102. (gG) Where unzoned properry may exist, or where public right-of-way may be realigned, or where there is any uncertainty, contradicrion or conflict as to the intendedlocarion of districtboundaries shown thereon, interpretarion conceming the exact locafion of the district boundary lines shall be detemuned by resolurion of the city council upon recommendation by the planning commission. The commission may hold a public hearing. (Code 1956, § 60.402; Ord. No. 16956, 9-9-82) Sec. 60.3053. Zoning of vacated areas. Whenever any street, alley or other public way within the city shall be vacated, such street, alley or other public way or portion thereof shall automarically be classified in the same zoneing district as the property to which it attaches. (Code 1956, § 60.403) (Code 1956, § 60.A04) Sec. 602.ii�3Q6. Zoning lot, more than one zoning designation. A use may be developed on a zoning lot that has two (2) or more zoning district designarions so long as the use is pernutted in each of the zoning districts. The minimum zoning requirements of each dish shall apply to that part of the zoning lot in each zoning district. (C.F. No. 95-203, § 7, 3-22-95) Sec. 60.3075. More restrictive or less restrictive districts. When the code refers to more restrictive districts or less restrictive districts, the districts in order from more to less restricfive are: CU, CO; R=L�, R=1, R=2, R=3, R=4, RT=1, RT=2, RM=1, RM=2, �r RM=3, TN1, OS=t, B=1, B�C, TN2, B=2, TN3, B=3, B=4, B=S, 3`�EIR=f, I=1, I=2, I=3. The VP�r district shall be as restrictive as the district for which the VP� district provides accessory parking. (C.F. No. 96-307, § 2, 4-24-96; C.F. No. O1-501, § 1, 7-5-01) Chapter 61�. Zoning Code--Administration and Enforcement ;-�nd�nts; ARTICLE I. 61:100. GENERAI., PROVISIONS n__ �.,,,., ,._�_______. �Movedto§61201,Zoningadininistrator.] . . . . [Moved to §61.201, Zoning Administrator.] oc� `" , -oq-rv�iiiei-i=�s [Moved to § 61.401.] Sec. 61#.1013. Building permits. I3o building permit shall be issued for the erection, alteration, moving or use of any building or structure or part thereof, or for the use of any land, which erection, alteration, moving or use is not in accordance with all provisions of this code. No renewal of an expired building pernvt sl�all be issued for a use or structure made nonconfornung by amendments to this code. (Code 1956, § 64103; CF. No. 93-1718, § 82, 12-14-93) Sec. 614.1024. Certificates of oceupancy. Certificates of occupancy as required by the Saint Paul Legislative Code shall also constitute certification of zoning compliance as required by this zoning code. (Code 1956, § 64.104) Sec. 61�.1035. Final inspection. The holder of every building pernut for the construction, erection, alterafion, repair or moving of any building, structure or part thereof shall notify the zoning administrator immediately upon the completion of the work authorized by such pernut, for a final inspection. (Code 1956, § 64.105) 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 984 990 991 992 993 994 995 996 997 998 999 1Q00 1001 1002 1003 1004 1005 1006 1007 Sec. 61.104G�59�. Permits issued, docnments to be recorded. 0 3• 1 Q 2 8 Upon approval of a site plan, permit, vaziance, or other zoning approval by the zoning or planning admimstrator, planning commission, board of zoning appeals or city council, the applicant shall be issued a permit, or a letter of approval in the case of a site plan, upon which all conditions or limitations imposed shall be recordei3. A certified copy of every speeia} condifional use perxnit; modificarion granted by the planning commission or variance granted shall be filed with the county recorder or registrar of ritles but shall not constitute an encumbrance on real property. All peimits, modificarions and variances shall include the legal descripfion of the properiy involved. (Ord. No. 17039, 7-9-83) . . , . Sec. 61d.1O5�B9. Period of decision ., ' . No decision arder of the zoning or planning administrator, planning commission, board of zoning appeals or tire city council approving a site plan, permit, variance, or other zoning approval - a shall be valid for a period longer than arie two (2) yeazs, unless a building pernut forsuek is obtained within such period and suek the erection or alteration of a building is proceeding witri under the terms of sueh-penxrit the decision, ar the use is established within such period by actua] operation pursuant to the applicable conditions and requirements of the approval, unless the board-o€ zoning or planning adminisixator grants an extension not to exceed one (1) yeaz. ', (Code 1956, § 64.2Q8; Ord. No. 169Q7, 4-20-82) Sec: 6I.106. Similar use deferminafion. . When a specific use is not listed in a-distric�f the zoning 8neie, tlie �aning administratorshall'issue a sYaYementaf cl'arifibation; fanding that:tfie itse.is or isnot substantia�ly simitaran cliaraeterand impact to a use regulated h�iei�." Suoli statemenYof clarificafion shall°inclnde the:findings that l,ed to such conclixsion and shall befiled in.the office otthezos�ingaclriiitti'stea�or. Tftlie zariingailcninisfrator fmds.fYiatthe use is notsufficientl� similar to any.other use specifically 1i'sted.and iegaYaied in the zoning code, an�! peison proposing such use may fiTB.an application for the planning commission sk�} to determine if a use is or ts=not similar to other uses peimitted in each district. The zoniqg admiin'strato%or planning commission shall make the following findings in determining one use is similar to another: (a�) That the use is similar in character to one (1) or more of the principal uses permitted_ (b�) That the traffic generated on such use is similaz to one (1) or more of the principal uses permitted. (c3) That the use is not first permitted in a less restrictive zoning district. (d&) That the use is consistent with the comprehensive plan. Sec.61107. Conditions:o£appcoval: . . The planning corrunission, artire planning or zoning administrator wlzere-�e}ega�e�; board-of zoning appeals, or city couneil may impose such reasonable conditions and limitations in granring ast approval of a site plan, pexmit,�variance or otlier zaning appxoval, anfl:in making.a°similar�use deYeririisiation; as aze determined to be necessary to fulfill the spirit and pwpose of the zoning code, to ensure complianee, and to protect adj acent properties. Sec: 61.108; Conditions viola'ted� pe'rmit revocaYion. . , . The zoning adminisirator shall notify the planning commission when a development covered by a penriit or other matter is not in compliance with any of the condifions imposed upon such use permit. The commission may, at a public hearing, following notice to the owner of subject property and other adjacentproperry owners as specified inparagrnpk section 61.303{c), and upon deternunation thatthe conditions imposed by such approval are not being complied with, revoke the authorizarion for such approval and require that such use be discontinued. The commission, in lieu of revoking the pernussion, may impose additional conditions, modify exisring conditions, or delete condirions which are deemed by the commission to be unnecessary, unreasonable or impossible of compliance. ARTICLE II. 61,200. pECISION-MAKIN�G BODIES��ND OFFICI�S 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1�28 1024 1434 1031 1032 103� 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1Q59 1060 1061 1062 1063 1064 ( � . 61#.}201. �utiES-afthc Zoning administ � tor. o � � �n� a The buildin official of the Office of License, Ins e ons �� nxnental (�) (cb) Protection shall enforce this code and is hereby designated the zoning administrator. (Code 1956, § 64100; Ord. No. 19524, § 35, 1-6-88; C.F. No. 95-557, § 6, 6-14-95; C.F. No. 96-77, § 6, 2-14-9� The zoning adxninistrator shall enforce the provisions of this zoning code and any amendment thereto and shall have the power to certify zoning compliance and to make inspections ofbuildings orpremises necessary to enforce this code. It shall be unlawful for the zoning administrator to approve any site plans, as required in �"'*= Article IV, Site Plan Review, of this chapter, or issue any permits for any excavation or construcrion unril such plans have been inspected in detail and found to conform with this code. The zoning administrator shall determine whether lots, sh or uses are legallynonconfornung by consulting building records, city d'uectories and other pertinent evidence for the purpose of carrying out the provisions of seetian Chapter 62:�62. (de} The zoning administrator shall have no authority to change or to grant variances from the terms of this code in carrying out the duties of zoning administrator. (e�) Upon proper application, and a finding of compliance with the terms of this code by the zoning administrator, the zoning administrator shall issue the permit applied for. f��'� (Code 1956, § 64.101; Ord. No. 16907, 4-20-82; C.F. No. 91-531, § 34, 5-6-93; C.F. No. 95-557, § 6, 6-14-95) . � . � � � - � Sec. 614. 202 38@. Planning commission and planning administrator. . [Moved to §61300, General Application Procedures.] (ab) Planning commission revi . The planning commission shall review and approve or deny site plans, conditional'u§e pernuts, noncdnforming use permits, similar use determinarions,:and ar other matters provided for in this: code. a�d-pennits [Moved to subpazagraph (b) below.] , , a , > , , , .[Moved to y�61.300, General Application and Review Procedures.] . [Moved to §61.500, Condirional Use Pemuts.] (�j [Moved to §61.107, Conditions of approval.] [Moved to §61.500, Condirional Use Pemrits.] (b) �j Grant variances. The planning commission may act as the board of zoning appeals and grant variances from the regulations of the code related to permits, sfrtiilai nse defern�ination, zezoning, or site plan approval wheri considered by the pla3m2iig-cam�n�ssion attfie'sarrte putilie hearing. The commission shall grant the variances in accordance with section 61#.6'Q��93�1r�-(c},-�-(-d�j. (c) Delegation:zo administrator,: The.planning:cammission,map, byrdle,.delzgate to the glavning or zbning administrator its power to review�and:agp�ove or deny sita�plans; parmits or afher inatters, ea�cepf that#he�platining commission shall not'iielegate iYS. power tn grant variances and modi�y speaial conditions� . [Moved to §b1.106.] [Moved to §61.105, Period of decision.] , . [Moved to §61.108, Conditions violated, revocation.] Sec. $1.203. Board of zoning. appeals. (a) Creation and ntembershzp. There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided by law in such a way that the objecrives of this zoning code shall be observed, public safety secured, and substantial justice done. The board shall consist of seven (7) regular members and two 1065 1066 1067 1068 1�69 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 �y7 0 3•1028 (2) alternate members appointed by the mayor with the consent of the council. Of the regular members, one member so appointed shall be a member of the planning commission with appointment coinciding with planning comxnission term. The appointments ofthe remaining six (6) of the members shallbe for the following period; two' (2) members foz one year, two (2) members for two (2) yeus, two (2) members for three (3) yeazs. Pollowing the? original appointments, each member shall be appointed to hold office for the full three-year term. The regulaz members of the board of zoning appeals shall annually elect its own chairman, vice-cha.iiman and secretary. Alternate members shall serve a term of ttiree (3) yeazs and may vote on matters before the board only in the absence of a regular member(s). The compensarion of the appointed members of the board of zoning appeals shall be fixed by the council by resolulion. All members of the boazd of zoning appeals shall be qualified electors of the City of 5aint Paul and no member shall be an official or employee of the City of Saint Paul. (Code 1956, § 64201; Ord. No. 17927, § 1, 5-28-92) (b) Meetings. All meetings of the board of zoning appeals shall be held at the call of the chairperson and at such fimes as such board may detetmine. All meetings conducted by the board shall be subj ect to all applicable open meeting laws and ordinances. The secretary, or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of lts hearings and other official acrion. Four (4) members of the board shall constitute a quorum for the conduct of its business; provided, that no acrion may be taken unless at least four (4) members vote in favor of such acrion. The board shall have the power to administer oaths and, upon order of the district court, to issue subpoenas, require the attendance of wihiesses, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. (Code 1956, § 64.202; C.F. No. 95-557, § 7, 6-14-95) . . . . [Moved to §61.601, Variances.] . . . . [Moved to §61.701, Administrarive appeals.] (c) Decisions by the board;ofzoning,appeals: (la) The board of zoning appeals shall conduct a hearing on the an appeal or variance application � , am��g�e$tze . , and shall render a decision on the appeal or application without unreasonable delay. Decisions of the board of zoning appeals shall be final subject to later appeal to the city council. (2b) Any person may appear and tesfify at the hearing, either in person or by duly authorized agent or attorney. (3e) Allofthepapersconstitutingtherecorduponwhichtheapplicarionorthedecisionappealedfromwastaken, including, but not limited to, the action of the board of zoning appeals and the findings of fact, shall be retained in the permanent files of the Office of License, Inspection and Environmental Protection. (4d) After reaching a decision in accordance with this section, the board of zoning appeals shall prepare a written report, including, but not limited to, fmdings of fact and the action of the board, which report will be filed with the Office of License, Inspection and Environmental Protection without undue delay. (Se) A copy of administrative appeals concerning the River Corridor Districts shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the board's hearing. A copy of all decisions granting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action. , . (Movedto§61.703.] (Ozd. No. 17038, 7-5-83; C.F. No. 91-531, § 33, 5-6-93; C.F. No. 93-1718, § 85, 12-14-93; C.F. No. 96-77, § 7, 2-14-96) . . . .[Moved to §61.702, Appeals to city council.] . . . . [Moved to §61.703, Ordeis.] oo:. �Y.zv�rfeiicc (Moved to §61300, General Application and Review Procedures.] . . . ' , ., � . [Moved to §61.105, Period of decision.] ARTICLE'III: 61.300. GENERAT� �PPLICrYTTON AND REVJEW PROCEDURES Sec.61.301. Application; llzl �a> 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 ll 47 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1154 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 (b) 03•1�28 {6d�36B(a}} Application to planning commission. Any person having an ownership or leaseho d interest in the subject land and/or building (contingent included) is eligible to file an applicarion with the planning commission for. site plan approval, conditionai use permit, nonconforming use permit, determination of similar use, and other matters provided for in this code. Such application shall be filed with a site�ptan meering the requirements,of Article IV, Site Plan Review, of this chapter, and other information as required to support the application. {i j-�i�te �� , , > �P�� Application for variance. An application for variance maybe filed by any person having an ownership or leaselaold interest in the subject land and/or building (contingent included). Such applicarion shall be filed with the zoning administrator, or with the planning commission as provided in secrion 61.202(b), along with a site plan meeting the requirements of Article IV, Site Plan Review, of this chapter, and other information as required to support the application. (c) Appeals. Appeals to the board of zoning appeals or of boazd of zoning appeals decisions shall be filed with the zoning administrator. Appeals to the planning commission or ofplanning commission decisions shall be filed with the planning administrator. (d) Rezoning. Applications for rezoning by the owners of siarty-seven (67) percent of the azea of the properry to be rezoned shall be filed with the planning adminisirator along with supporfing documents required by secfion 61.801 and/or by state statutes. Sec. 61.302. Application forms and fees. (a) Applicatioreformsandfee. {:�&�93j�ejAllapplieationsshaRbefiledonappropriateforms. Afeetobeestablished by resolurion of the city council shall be paid by the applicant when a zonang application is filed ' . Such resolution may provide for a waiver or refund of such fee under specific circumstances. (b) {64-396}�lj Fee �for:ed�zditional use pe7 subjeet to annual review. An annual fee to be established by resolution of the city council shall be paid to the zoning administraEor by all holders of speciai conditional use pernuts which are subject to annual review. Such resolution may provide `£or waiver or refund of sueh: fee under specific:crrcumstances: Fees shall be paid by the permit holder at the time notice of the review is made to the pernut holder. Sec_61.303. Review proced'ures,hearing.and`no'tices required. . . The planning commission, (when authority has not been delegated to the planning or zoning administrator), the b'oard'of:zoning appeals; atizT�he city coiinqi7 upon appeal shall make no decision au aspacific�zonirig apglicafi�on until after a public hearing has been conducted by the plamm�g commission or the zoning committee of the planning commission;'boaid ot zonfng appeals;:ar crty couricil. Notice of the time and place of any hearing shall:be sent to the following: , � , , > for minor variance cases, ine�ttde all owners of record of properry within one hundred (100) feet of the premises in quesrion;; ' �in for all oflier cases, � aJl owners of record of property within three hundred fifty (350) feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most current Ramsey County property taxation records. (Code 1956, § 64.207; Ord. No. 17030, 6-7-83) ARTICLE IV. 61.400. SITE PLAN REVIEW Sec. 61#.401i94. Site plan. All applications for building permits for all new buildings or building expansions shall be accompanied by a site plan, drawn to scale and specifications, showing the following: (1) The actual shape, location and dimensions of the zoning lot. 11�� �2> 117& 1179 1180 1181 1182 1183 1184 11$5 1186 lis� 1188 1189 1190 1141 ll 92 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 (3) �GE o� �o2s The shape, size and location of all buildings or other shuctures to be erected, altered, ar moved and of any building or other shuctures already on the zoning lot. The eicisting and intended use of the zoning lot and of all such structures upon it; including, in residenrial azeas, the number of dwelling units the building is intended to accommodate. , Such other information concerning the zoning lot or adjouung lots as may be detemuned by the zoning administrator as essential for determining whether the provisions of this code are being obseroed. (Code 1956, § 64.102) Sec. 61�.402}98. Site plan review (all distriets). (a) Pian to be submitted. A site plan shall be submitted to and approved by the planning commission before a permit is issued for grading or the erecfion or enlazgement of gross floor azea for any development except one- and two- family dwellings, but including the following: (1) Any development of one- and two-family residences which together exceed two (2) acres (87,120 squaze feet) in area. (2) In the uTP" Tree Preservation District, any development of one- and two-family residences over one (1) acre (43,560 square feet) in area. (3) Allresidentiallyrelatedusesinone-familydistricts,suchas,butnotlimitedto,churches,schoolsandpublic £acilities. 12io �ro> 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 (c) 1228 1229 1230 1231 1232 (4) Any development in a TN district. (5$) Any industrial use in an IR, I=1, I=2, or I=3 ��disriict abutting a residential district. (65) Outdoor storage in industrial districts. (76) Any use which abuts to a major thoroughfare. (8�) Any development on a slope of twelve (12) percent or greater. (9$) Any development in the River Corridor Critical Area or in the Floodplain District except one- and two- family dwellings which do not affect slopes of twelve (12) percent or greater. (109) All off-street parking facilities except as noted in secfion 63�.202i�93fbj. (11@) Any other use or development for which Nnrs+�Yimissiacraf� site plan review is required by any provision of this code. (12}) Earth-sheltered structuzes. (13�) Detached, freestandutg facilities constructed on parking facilifies, including, but not io Irinited to, ldosks, fotomats, banks and similar uses. (143) Any filling, excavafion or h-ee removal that dishubs an area greater than ten thousand (10,000) square feet except the construcfion, installation or maintenance of public roads and public and private utilities. (15�i) Cellular telephone antennas that require a new equipment building. Site plan application: (1) Applications for site plan approval shall be made to the planning commission in such form as the commission may prescribe in its rules. (2) Said rules may provide for a delegarion of authority to the zoning administrator of the Gity of 5aint Paul of all powers and dufies granted to the planning commission under this section, and suchrules will be filed with the office of the city clerk. (3) Applicarion far site p1an approval shall include nine (9) sets of plans with sufficient detail to demonstrate that the plan complies with the provisions of this code. (4) For parking facilities, the city traffic engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application. Such an analysis shall include, but not be limited to, the following elements: trip generation, directional distribution, traffic assignment and capacity analysis. (5) Alley access; notice. Where a site plan application review has been delegated to the zoning administrator and notificarion to adjacent property owners is required in section 63�310#(t�), a notice shall be sent at least ten (10) days prior to a site plan review meeting by city staff to the applicant and owners of record of property located within three hundred fifiy (350) feet ofthe proposed alley access. Notice shall be delivered either personally or by mail at the address of the owner contained in the records of the Ramsey County Department of Property Taxation. Siteplan review and approval. In order to approve the site plan, the plarming commission shall consider and fmd that the site plan is consistent with: (1) The city's adopted comprehensive plan and development or project plans for sub-areas of the city. (2) Applicable ordinances of the City of Saint Paul. (3) Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas. � 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 ia�a 1280 1281 1282 1283 1284 1285 1286 1287 1288 � ���� (4) Protection of adj acent and neighboring properties through reasonable provision for su� ina ace water drainage, sound and sight buffers, preservarion of views, light and air, and those aspects of design which may have substanfial effects on neighboring land uses. ,_ (5) The anangement of buildings, uses and facilifies of the proposed development in order to assure abutting properry and(or its occupants will not be unreasonably affected. '� (6) Creation of energy-conserviug design through landscaping and location, orientarion and elevaripn of structures. (7) Safety and convenience of both vehicular and pedesh traffic both within the site and in relarion to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site. (8) The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development. (9) Sufficient landscaping, fences, walls and pazking necessary to meet the above objecrives. (10) SiteaccessibilityinaccordancewiththeprovisionsofCheAmericanswithDisabilitiesAct(ADA),including pazking spaces, passenger loading zones and accessible routes. (11) Provision for erosion and sediment control as specified in the "Ramsey Erosion and Sediment ar� Control Aandbook." (d) Compliance and time requirements. The planning commission may make such requirements with respect to the above matters as to assure compliance with them. When changes are required, the revised site plan shall be submitted within six (6) months from the date the applicant was nofified of required changes. The zoning administrator may grant extensions. The property must be brought into compliance with the approved site plan within one year of the date of approval or as otherwise specified by the zoning administrator. - . [Moved to new §63.112.] . [Moved to new §63.113.] . [Movedto §63.111.) (ei�) Security agreement. Before the site plan is approved, the applicant shall file a performance bond equal to the esrimated cost, as deternuned by the zoning administrator, to install required landscaping, paving, screening, erosion and sediment control or items required by special condition. Such performance bond shall be secured and filed with the zoning adzninistrator within three (3) months from the date the applicant was notified of the intent to approve the site plan. The zoning administrator may grant an extension. Upon completion of the bonded work items, the owner shall apply to the 2oning administrator for final inspection. If the zoning administrator finds that all installations meet the requirements of approved plans and specificarions, the security agreement shall be released. However, a security agreement for landscaping shall be effective and held for one year after complefion of the work in order to ensura that such landscaping will survive. If improvements are not completed as proposed within the established rime limit, the city may proceed to require performauce by the surety, or complete such installation by contract or farce account and seek reimbursement of its costs from the security agreement, The zoning administrator shall have the right to accept a cash escrow or irrevocable letter of credit in lieu of a bond in an amount and under such circumstances as the zoning administrator shall determine appropriate. If seasonal weather condirions or phasing of construction present practical difficulties in the installation or completion of landscapin g, paving, screening or any required item, the completion may be delayed for not more than six (6) months by the zoning administrator. The extension of rime shall be granted in writing. (ft) Certif:cateofoccupancy. Certificateofoccupancyshallnotbeissueduntilallitemsrequired£orsiteplanapproval are completed or an agreement has been made under paragraph (eg) above. When a site plan is required by this code, a certificate of occupancy shall be renewed only if the use is in conformance with that site plan and all conditions of this code. (Code 1956, § 62.108; Ord. No. 16799, 5-28-81; Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-IS-85; Ord. No. 17511, § 7, 11-12-87; Ord. No. 17524, §§ 29, 3Q I-6-88; Ord. No. 17646, § 8, 4-6-89; Ord. No. 17885, § 1, 11-21-91; C.F. No. 92-1479, §§ 21, 22, 12-15- 92; C.F. No. 93-1718, §§ 76--80, 12-14-93; C.F. No. 93-777, § 3, 12-28-93; C.F. No. 96-77, § 5, 2-14-96; C.F. No. 97-565, § 20, 6- 71-97) A°RTICLE V: 61.500:' CONDITIOIVAL USE PERMITS Sec. 61,501. Conditional use-permi�; gerieral:sfand'ards. . . Before the planning commission may grant approval of aprineipa� conditionals use, the commission shall find that: �3 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 (a}) ��) (c3) (d#) 0�•1028 The extent, locarion and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. The use will provide adequate ingress and egress to minimize traffic congesfion 'iti the public streets. The use will not be deh to the e�sting character of the development in t�ie immediate neighborhood or endanger the public health, safely and general welfaze. The use will not impede the normal and orderly development and improvement ofthe surrounding property for uses pemutted in the district. (e5) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Sec. 61.502. Modify special conditions. . The planning commission, after public hearing, may modify any or all special condirions, when strict applicarion of such special condirions would unreasonably limit or prevent otherwise lawful use of a piece of property or an exisring structure and would result in exceprional undue hardship to the owner of such properry or structure; provided, that such modification will not impair the intent and purpose of such special condirion and is consistent with health, morals and general welfaze of the community and is consistent with reasonable enjoyment of adjacentproperiy. Sec. 61.503. Condifional use permit; change requiring new permit. . , '. A change to a speeia� conditional use requires a new pernut when one of the following conditions occurs: (a�) A speeia� conditional use changes from one speeix� condifional use to another speeia� conditional use. (b�) The floor area of a speeia� conditiona} use expands by fifty (50) percent or more. For a speeia� conditional use existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. Far a speei�k conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions since being established. Floor area does not include floor uea which is accessory to a principal use and which does not result in the expansion of a principal use. (c3) The building containing a speeix� conditional use is tom down and a new building is constructed, even if the new building contains the same or less floor azea.- (d�) The principal use of a speeia} conditional use expands onto an abutting lot, such as a used car lot or a fast food restaurant building addition expanding onto an abutting lot. (e5) The number of residents in a community residenfial facility increases, or the number of rooming units in a rooming or boardinghouse increases. (f6) A college, university or seminary adds a school building or an off-street pazking facility for its exclusive use outside of its approved campus boundary. Sec:,51'.504. :Change to condirional;dse; permft:requir.ed: . . A change to a speeix� conditional use does not require a new permit but does require approval of a site plan when one of the following conditions occurs: (a4) The floor area of a speeia� conditional use expands by less than fifty (50) percent. For a speeia� conditional use existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. For a speet�at conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions since being established. Floor area does not include floor area which is accessory to a principal use and which does not result in the expansion of a principal use. (b�) An accessory use of a speeia� condirional use expands onto an abutting lot, such as a bowting alley's off-street parking lot expanding onto an abutting lot. (c3) Off-street parinng spaces are added in a parking lot, garage or ramp on the site of a speeia� conditional use. (d#) An accessory structure is added to the site, such as a building to store salvaged motor vehicle parts being constructed on the site of a motor vehicle salvage operarion. (e5) A college, university or seminary adds a school building ar an off-streetparldng facility within its approved campus boundary. (Code 1956, § 64.209; Ord. No. 16956, 9-9-82; Ord. No. 17030, 6-7-83; �d. No. 17038, 7-5-83; Ord. No. 17039, 7-7-83; Ord. No. 17524, §§ 32, 33, 1-6-88; Ord. No. 17670, § 3, 7-20-89; C.F. No. 93-870, § 1, 11-23-93; C.F. No. 93-1718, § 86, 12-14-93; C.F. No. 95-352, § 2, 5-3-95; C.F. No. 96-77, § 8, 2-14-96; C.F. No. 96-1029, § 2, 9-25-96) ARTICLE VI; 61.600. VARIANCES Sec. 61#.601�fl3. Variances. 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 : .[Moved to §61300, General Applicarion and22eview Procedures.] f bj The board of zoning appeals shall have the power to grant variances from the strict en�cement of the provisions of this code upon a finding that: (a4) The properry in quesrion cannot be put to a reasonable use under the strict provisions of the code; (b�) The plight of the landowner is due to circumstances unique to ius the properry, and these circumstances were not created by the landowner; (c3) The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul; 1355 (d#) The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the 1356 essential character of the surrounding area or unreasonably duninish established properry values within the 1357 surrounding azea; 1358 (e5) The variance, if granted, would not pernut any use that is not pernutted under the provisions of the code for the 1359 properiy in the district where the affected land is located, nor would it alter or change the zoning district 1360 1361 (f6) 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 classification of the property; and The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. In ganting a variance, the board shall state the grounds upon which it justifies the granting of a vaziance. {ej Hazdstup as described in the finding set out in subsection (ab)(i-j above shall include the need for access to direct sunlight for solar energy systems. � , . [Moved fo §61.107, Condifions ofapproval.] , � . [Moved to §61302(a), Applicarion fee.] (Ord. No. 17038, 7-5-83; C.F. No. 93-1718, §§ 83, 84, 12-14-93) Editor's note—Sections 64.203--64.206, derived from §§ 64203, 64203.a, 64.204 ofthe city's 1956 Code, as amended, were amended by the same and subsfituting new secrions as follows, pursuant to Ord. No. 17038, adopted July 5, 1983. ARTIELE VII. 61;700:. APPEAT;S Sec. 61#.701�94. Administrative appeals. (a) The board of zoning appeals shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision ar refusal made by the zoning administrator in carrying out or enforcing any provision ofthe code. (b) The board of zoning appeals shall have the power to hear and decide appeals of orders, decisions or deternunations made by the building official relative to the application and interpretation of the state building code. (c) . ' . The grant or denial of approval by the planning or zoning administrator oE site plans p'ettnits or othermatters Yhatthe planning cominission Has, by xule, delegated to fhe planfiingoi aoning adxninistrafor is subject to appeal to the planning commission �q�nq , , (de) An appeal may be taken by anyperson, fism ar corporation, or by any officer, department, board or bureau affected by a decision of the plan�ing or zoning administrator or building official within thiriy (30) days after the decision appealed from shall have been served either in person or by mail upon the owner of the property which is the subj ect matter of the decision . , and shall specifyingthe groundsthereofthe.appeal. The planning or zoning administrator shall forthwith transmit to the board or commission all of the papers constituting the record upon which the action appealed from was taken. An administrarive appeal shall stay all proceedings, including criminal proceedings, in furtherance of the acrion appealed from unless the zoning administrator ar building official certifies to the board or commissian, after notice of appeal has been filed, that by reason of facts stated in the certificate a stay would cause imxninent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 2 (Ord. No. 17038, § 7-5-83; C.F. No. 95-557, § 8, 6-14-95) Note—See the editor's note following § 61&.601�63. Sec. 61#.70296. Appeals to city council. (a) The city council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or finding made by the board of zoning appeals or the planning commission. An appeal may be taken to the city council by any person, firm or corporarion or by any officer, deparhnent, board or bureau affected by a decision of the board or planning commission. Such appeal shall be taken within fifteen (15) days after the decision appealed from shall have been duly adopted by the boazd or commission and shall have been served either in person or by mail upon the owner of the properry which is the subject matter of the decision. Appeals of decisions by the boazd shall be filed with the Office of License, Inspecrion, and Environmental Protecrion; ar� appeals of decisions by the planning cominission shall be filed with the zoning secrion of the planning division. Appeals shall specify the gounds thereof and be accompanied by payment of the required fee. . [Moved to §61.703 below.] (be) The city council shall conduct a hearing on the appeal ' 6�39$, tixe shall give due notice of the heazing to all interested parties as required under section 61303, and shall render a decision on the appeal without unreasonable delay. Any person may appear and tesfify at the hearing either in person or by duly authorized agent or attorney. (Ord. No. 17038, 7-5-83; Ord. No. 17607, §§ 1, 2, 10-27-88; C.F. No. 96-77, § 7, 2-14-96) Note--See the editor's note following § 64203. Sec. 61.703. Permits susperided dpon. appealt Building perinits sfiall notbeissueiba ffkr an appeal fias'been filed:mi£pernii'ts have:heen' issued before'anappeal has:been filed,;then ttie:pesinits ara suspended'anil consfrudtion sha11: c8ase:pending a final;d'ecisioii-oa the:appeal': Sec. 614704�. Orders. In exercising the above powers, the city council, planning commissiQn, or tire boazd of zoning appeals may reverse or affirm, wholly or partly, or may modify the orders, requirements, decision or determinafion appealed from and may make such order, requirement, decision or determination as ought to be made. To that end, the board of zoning appeals shall have all the powers of the zoning administrator and the building official, and the city council shall have all the powers of either the board of zoning appeals or the planning commission. All final decisions, orders, requirements or detemunarions by the boazd of zoning appeals; plantiing eommission, and/or city council shall be in the form of a written resolution. The city council shall serve a copy of the resolution upon the appellant and/ar the owner of the affected properry, zoning administrator, planning commission and boud of zoning appeals by mail or personal service. The board of zoning appeals or planning:cammission shall serve a copy of the resolution upon the appellant and/or owner of the affected property, the zoning administratar and the planning administratox earmrrissian. Decisions of the city council on all matters within its jurisdicrion shall be final subject only to judicial review by a court of competent jurisdiction. (Code 1956, § 64.206; Ord. No. 17038, 7-5-83; C.F. No. 95-557, § 9, 6-14-95) ARTICLE VIII. 61:800. ZONiNG AMENDMENTS Sec. 61�.801#9B. Changes and amendments. (a) The council may, from time to time, amend, supplement or cl�ange the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462357 and amendments thereto as may be made from time to time. The city council shall provide for an adequate review and reevaluation of this code at least every five (5) years from the time of adopfion of this code. The planning commission may, from fime to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. (b) Except as provided for in section 66@.�3802, an amendment to the zoning code may be initiated by the council, the planning commission or by petftioa appiication of the owners of sixty-seven (67) percent of the area of the � 1�2 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 property to be rezoned. . # (c) When a gpetitions is required to be filed pursuant to this secrion or by state la� to effectuate or consent to the ;° rezoning of any particulaz piece of properiy, it shall not be considered as officially filed with the planning administrator until the lapse of seven (7) worldng days after a peririon is received in the office of the pluuiing administrator. During the sevenday waiting period, any signator of any petirion may withdraw his name therefrom by written request, and such request shall be appended to the subj ect peUtion and made a part thereof. Each petition and applicable requests for withdrawal of a signator's name shall be considered in det�.r,;n;ng the sufficiency of the perition, and the jurisdicrion of any cit7 deparhnent and the council regarding any peririon shall not be considered established until the perition has been found to be sufficient. (Code 1956, § 64.210; Ord. No. 16956, 9-9-82; C.F. No. 93-1718, § 87, 12-14-93) Sec. 614.8024Bi�. Amendment limitations. A pefition amending, supplementing or changing district boundaries, once denied by council, shall not be resubsnitted for recommendarion or action within one (1) yeaz from date of denial. (Code 1956, § 64.211) Sec. 61#.803�2. Amendment's effect on pending uses and structures. Uses that were pernutted to be established and structures that were pernutted to be constructed before amendments to this zoning code but are no longer permitted by the amendments may be established or constructed, provided that they meet the following conditions: (a�) Uses and siructures that need building pernuts to be established or constructed may be established or conshucted, provided that before the effective date of the amendments: (1)� The uses or structures have received all required zoning pernrits from the planning commission or the board of zoning appeals, or if the zoning permits are appealed, the city council; and (2)lr. Valid building permit applicarions have been made or valid building pernuts have been issued for the establishment of the uses or for the construction of the structures. If the construction needed to establish the uses ar the construction of the structures has not begun within six (6) months of the issuance of the building permits, the uses or shuctures may not thereafter be established or constructed. For the purpose ofthis section demolirion preparatory to construction shall be considered construction. (li�) Uses not needing building pernuts must be established before the effective date of the amendments. This section shall not apply to interim ardinances adopted in accordance with Minnesota Statutes, Chapter 462.355, Subdivision 4. (C.F. No. 96-307, § 4, 4-24-96) ARTICLE IX�. 6�::9U0. BI�EORCEMENT` . . . .[Moved to §60.108, a more logical locarion for tlus paragaph.] . . . .[Moved to §60.113, a more logical locarion for this paragraph.] Sec.61#.901562. Violations. Anyperson, firm or corporarion violating any of the provisions ofthis code shall be guilty ofa misdemeanor. In=addifidn; the owner. or lessee of any buiTding,stiueture:or ptemises:ox parf theteof, whers aa3r.condition in violation of this:c_ode shall exist or be created, and rvhohas�assisted knawing]yinthesommzssion of such;violation; shall b�guiky of a separate offense, andnpon�conviction:fliereofshall�baguiliy (Code 1956, § 64.215) Sec. 61#.902593. Public nuisance. Any building or structure which is erected, altered or converted, or any use ofpremises or land which is begun or changed subsequent to the time of adoption of this code and in violafion of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdicrion. (Code 1956, § 64216) Sec. 61�.90356�. Fines, imprisonment. The owner of any building, struchu or premises or part thereof, where any condition in violation of this code shall exist or shall be creaTed, and who has assisted ]mowingly in the commission of such violarion, shall be guilty of a separate offense, and upon conviction thereof shall be liable to the fines and imprisonment herein provided. (Code 1956, § 64.217) Sec. 614.904595. Each day a separate offense. A sepazate offense shall be deemed committed upon each day during or when a violarion occurs or conrinues. (Code 1956, § 64218) 1516 Sec. 61�.905596. Rights and remedies are cumularive. ��• �, O 2$ 1517 The rights and remedies provided herein are cumulative and in addirion to any other remedies provided by law. 1518 (Code 1956, § 64219) 1519 . . . .[Moved to §61.104, Permits issued, documents to be recorded.] - 1520 ` 1521 Chapter 62. Zoning Code - Nonconforming Lots, Uses and Structures � 1522 1523 . . . , , , s 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 Sec. 62.101. Intent. �a}�iZten� There e�st within the dishicts established by this code and subsequent amendments lots, structures, and uses of land and shuctures that were lawful before this code was passed or amended that would be prohibited, regulated or restricted under the terms of this code or future amendments. It is the intent of this code to permit legal nonconforming lots, shuctures or uses to continue unril they are removed. The code recognizes that in some circumstances allowing nonconforming uses to be changed to similaz or less intense nonconforming uses, or allowing nonconforming uses to be reestablished in vacant buildings, may benefit the city and surrounding neighborhood. Some buildings have a long useful life and allowing their continued occupancy for nonconforming uses can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses. Consequently, the code allows conversion of nonconforming uses to similar nonconforming uses and allows the planning commission to reestablish nonconforming uses in vacant buildings if regulated so as to be comparible with the surrounding neighborhood. The code recognizes that enlargements of nonconforming uses which improve the appearance and functioning of the use can benefit the surrounding neighborhood. The code allows the enlargement of nonconforming uses when found to be comparible with surrounding neighborhoods. Sec..S2102.. Legal nonconfocming:use. . For the purposes of this section, "use" means the principal purpose for which land or a building is being occupied. A use will be presumed legally nonconforming if it can be demonsh by clear and convincing evidence that prior to October 25, 1975, the use was established, converted, or enlazged and occupied pursuant to building permits issued by the City of Saint Paul; or if it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for twenty (20) years prior to December 13, 1976. The burden of proof shall be on the property owner. The planning commission may approve perxnits granting nonconforming use status to uses that do not meet these standards, as set forth in section 62109(a) and (b). Sgc.62:103. Nonconforming.Iots: . In any district in which single-family dwellings ue permitted, notwithstanding limitations imposed by other provisions of this code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that aze applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the boazd of zoning appeals. If three (3) or more lots or combinations of lots and portions of lots with conrinuous street frontage in single ownership aze of record on the effective date of this code or amendments thereto, and if all or part of the lots do not meet the requirements for lot width and area as established by this code, the lands involved shall be considered to be an undivided parcel for the purpose of this code, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this code, nor shall any division of the pazcel be made which leaves remaining any lot with width or area below the requirements stated in this code. Sec. 62.104. Nonconforming nses ot`l'and: Nonconforming uses of land are subject to the following provisions: (a�) A nonconforming use may continue. (b�) A nonconforming use shall not be enlazged to a greater height nor extended to occupy a greater area of land than was occupied at the effecrive date of adoprion or amendment of this code. (c3) A nonconforming use shall not be moved in whole or in part to any other portion of the lot. (d#) If such nonconforming use of land ceases for any reason for a period of ninety (90) days or more, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located. This is not intended for those uses which remain on the land but whose activity may cease for a period longer than ninety (90) days, due to reasons associated with the customary operation of such use. 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 16Q4 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 (e5) Anylandonwhichanonconforminguseissupersededbyapermitteduseshallthereafterco for the district in which such land is located and the nonconfornung use may not thereafter be resumed. (%) An existing off-street parking space for one- and two-family dwellings in a required front or side yard shall be considered a legal nonconforniing use provided the parking space was established pursuant to a curb cut pernut issued by the department of public works prior to October 15, 1975, and the pazking space l�as been continuous since the permit was issued or it can be demonsh ated by cleaz and convincing evidence that the parldng space has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the property owner. Sec. 62.105. Nonconforming struetures with conforming uses. . Nonconforming structures with confornung uses are subject to the following provisions: (a4) A nonconforming structure may continue. (b�) A nonconforming siructure may be enlazged or altered so long as such enlargement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 63�.50196, accessory buildings. (c3) 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 destrucfion, it shall not be reconstructed except in conformitywith the provisions ofthis code. Anonconformingresidential gazage��cx e�e, however, may be rebuilt in a reu yard with the same nonconforming setback within one (1) year of its destruction, provided that it is within the maximum height and size limits for an accessory structure outlined in section 63�.50196(c3) and seetiarrfi2-k@6(d#). (d#) When a nonconforming shucture is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. Sec. 62.106: Nonconforming uses ofstrucYures, or stractures-and:land:in Zombirratian. , . Nonconforming uses of structures, or structures and land in combination, are subject to the following regulations: (a�) A nonconforming use may continue. (b�) A nonconforming use may be changed to a use perxnitted in the district in which it is located or to a new nonconforminguse ifthe newnonconforminguse is also listed in the same clause ofthe code as the nonconforming use. A nonconforming use may be changed to a use permitted in the district in which the nonconforming use is first allowed, or a principle use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed, provided the planning commissionapproves apermit for the change as set forth in section 62:109(e) e�3j. (c3) When a nonconfoxxning use changes to a use perxnitted in the district or in a more restrictive district, the nonconforming use shall not thereafter be resumed. (d#) A nonconforming use may be extended tl�roughout any parts of a structure that were manifestly arranged or designed for the use, but it shall not be extended to occupy any land or a larger azea of land outside the structure. (e5) A nonconforming use shall not be enlarged, unless the planning commission approves a permit for an enlargement as set forth in sebtion 62;109('d) eYause{ij( �� ��) (h$) (i9) ��) �) (li-�) A structure containing a nonconforming use shall not be moved to another location on its lot. When a nonconforxning use is discontinued or ceases to exist for a continuous period of three hundred sixty-five (365) days, the building, or building and land in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission approves a permit to reestablish the nonconforming use as set forth in seeLion:62.109(e) �Sj. When a building containing a nonconforming use 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 the destruction, it shall not be reconstructed except in conformity with the provisions of this code. On a building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair of walls, roofs, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the rime of adoption or amendment of this code shall not be increased. Where nonconforming use status applies to a building and land in combination, removal or destruction of the buitding st�all eliminate the nonconforming status of the land. i-t)Accessory off-street parking lots or structures may be constnxcted on the site of a nonconforming use, so long as they comply with the requirements of secrions 6 3�300i-6� and 63�.50196 and the setbacks required in the district where the use is first permitted. In any RM=3, OS=1, B=1, B=2, B=3, I=1, or VP� district, existing nonponfoimirig residential uses maybe enlarged, extended, reconstructed or altered provided no additional dwelling units are added on the lot. Any business 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 (m) (n) ;�] �P) (� � 1 28 operated out of a residence must meet all home occupafion standards. �he Nonconformin residential must also meet the requirements (except for lot area per dwelling unit) of , secrion 66�.230i0i-, residential dish density and dimensional standards, forthe dishict in which the use is first pernutted and the requirements for off-sheet parking, secrion 63�200�83. Reconstrucrion of the uses must begin within one (1) year of the removal of the buildings. 43j In ang R�L�-R11 districts, existing two-family residential uses may be enlarged, extended, reconstructed or altered. The two-fanuly uses must meet the yazd setbacks and the percentage of lot coverage of the schedule of regulations, section 61.101, as required in the zoning district in which located or in the RT =1 district, whichever is greater, and the requirements for off-street pazldng, section 63�.200i�3. Reconstruction of the uses must begin within one (1) year of the removal of the buildings. 4dj In any residenrial district, e�sting greenhouses may be enlarged, extended, reconstructed or altered. The greenhouses must meet the height, yud setbacks, and percentage of lot coverage of section 664.230iB�, residential district density and dunensional standazds, for the district in which they are located and the requirements for off-street pazldng, secrion 63�.200i$�. Reconstrucrion of the uses must begin within one (1) year of the removal of the buildings. -f5j Existing auto body shops located in zones other than industrial zones shall be considered, for purposes of changes in nonconforming uses, as B=3 uses. Auto body shops that are legally nonconforming in B=3 zoning districts may expand even though auto body shops aze not permitted uses in B=3 zoning distdcts. Auto service statlons in B=2 zoning districts which remove their gas tanks and pumps will be regazded as legal nonconforming auto repair stations. 46j In R�L �-RT=1 residential districts, a second one-family or two-family dwelling on a single lot is exempt from tY�ttse paragraph (h$) above and may be reconstructed provided that the number of total dwelling units on the lot is not increased and the building is not enlarged or extended unless it meets the setback and lot coverage requirements for principal structures of the district. Reconshuction of the building must begin within one (1) year of the removal of the building, unless the board of zoning appeals grants an extension for reconstrucrion. Existing gun:ehops that legally noncgnforming, ansi:are na4 shops,;shall be considesed for�purposes of chauges� in non�onfornvng uses;;as.permitted uses and may aapand.eyeri.though gun� shops are not germit[ed=�nses in the distridt, provided'tl�at�theamouztt:of floor areadevoted�to.the�clisplay. fireauns:is not inorzased and fhat any new pubfi'"c;entrance is n'ot located witkin one thousand (1,000)"radial feet of any "protected use;" as defined in Sectiom65:5�0(a) of this Code. . Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. Sec..:62.108:.Change of.te_n�ncy.or;uwnership. '. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures, and premises and nonconforming structures with conforminguses provided there is no change in the nature or character of such nonconforming use or structure. Sec:62:109. Nonconformingnise•permifs; The planning commission may approve, modify and approve, or deny nonconforming use permits. To ensure the public welfare is served, the commission may attach conditions to the permits including, but not limited to, conditions concerning appearance, signs, off-street parking or loading, lighting, hours of aperatian,, or performance chazacteristics, such as noise, vibration, glare, dust, or smoke. Tlie 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 expirarion 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 transition to a conforming use; and (3) pexxnitting the nonconforming use for a period of time is consistent with the public health, safety, comfort, morals, and welfare. The period of time for which the perxnit is valid shall be determined in each case by the commission and shall be based on the extent of the hazdship. The planning commission shall hear and decide nonconforming use permits in accordance with the procedures and requirements of seetian-6�399 Chapter 61, Administration and Enforcement. The planning commission may consider the following nonconforniing use permits: (a�) Establishment oflegal nonconformingusestatus. The planning commission may grant legal nonconforming status to the use of structures tvhiek when sn'oh' use fails to meet the standards of section 62.102f{rj if the commission makes the following findings: 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 (b�) 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 (c3) 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 (d�) 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 (1� The use occurs entirely within an existing structure; � 3° � Q 2� (2� The use or use of sunilaz intensity pernutted in the same clause of the zoning code or in a more restricrive :, zoning dishict l�as been in existence continuously for a period of at least ten (10) yeazs prior to the date of � the application. - (3� The off-street parldng is adequate to serve the use; (4� Hazdship would result if the use were discontinued; (5}f Rezoning the properry would result in "spot° zoning or a zoning inappropriate to surrounding land uses; (6}g: The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; (7�r. The use is consistent with the comprehensive plan; and (8}E: A notarized peririon of two-thirds of the property owners within one hundred (100) feet of the property has been submitted stating their support for the use. The applicarion for the permit shall include the petirion, evidence of a ten-year period of existence, evidence that conversion of the use and structure would result in hardship, a site plan meeting the requirements of secrion 61&.401A2, floor plans, and other information as required to substantiate the permit. Nonconforming commercial and industrialparkinguse. The planning commission may grant legal nonconfornung status to allow the use of land without completely enclosed buildings as a parking lot to serve abutting property in an OS-�t�gk-B=S, --�-�R�E� Business and IR-I=1 Industrial �Districts if the commission makes the following findings: (1)x. The commercial or industrial parking lot has been paved, maintained and used for commercial ar industrial parking for at least ten (10) consecutive years prior to the date of the application; (2)ir. The parking lot occupies a legally subdivided parcel that is too small for development and has not been owned by a different adj oining properry owner for at least ten (10) years prior to the date of the application; (3)e: The parking lot is to serve abutting commercially or industrially zoned properry; (4)d: The parldng lot will not be dehimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfaze; (5)� The parking lot is consistent with the comprehensive plan; and (6)f A notarized pefifion of two-thirds of the property owners within one hundred (100) feet of the properry has been submitted stafing their support for the parking lot. The application for the permit shall include the petition, evidence of a ten-year period of existence, a site plan meering the requirements of section 61 #.4b 19�, and other informarion as required to substantiate the permit. Change of nonconforming use. The planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed; if the commission makes the following findings: (1)a- The proposed use is equally appropriate or more appropriate to the neighborhood than the exisfing nonconforming use; (2Jb: The traffic generated by the proposed use is similar to that generated by the existing nonconforming use; (3 � The use will not be detrimental to the exisring character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and (4)d: The use is consistent with the comprehensive plan. The planning commission's fmdings may be a general rule or findings in a specific case. Enlargement of nonconforming use. The planning commission may permit the enlargement of a nonconforming use if the commission makes the following findings: (1)x: The enlargement will not result in an increase in the number of dwelling units; (2)}r. For enlargements of a structure, the enlargement will meet the yard, height and percentage of lot coverage requirements of the district; (3� The appearance of the enlargement will be compatible with the adjacent property and neighborhood; (4� Off-streetparkingisprovidedfortheenlargementthatmeetstherequirementsofsection63Z200�93fornew structures; (5)� Rezoning the property would result in a"spot" zoning or a zoxung inappropriate to surrounding land use; and (6)f. After the enlargement, the use will not result in an increase in noise, vibrarion, glaze, dust, or smoke; be detrimental to the exisring character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare; (7)g. The use is consistent with the comprehensive plan; and 1743 1744 1745 1746 1747 (e5) 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 (8)ir. A notarized peririon of two-thirds of the property owners within one hundred (lAO�feet �t��prc�rty has been submitted stating their support for the enlazgement. The application for a permit shall include the perition, a site plan meeting the requirements of secrion 61#.4016z; floor plans, and other informarion as required to substanriate the pernut. Reestablishment ofnonconformzng use. When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for a continuous period of three hundred sucry-five (365) days, the planning commission may permit the reestablishment of a nonconfomung use if the commission makes the following findings: (1� The structure, or siructure and land in combination, cannot reasonably or economically be used far a conforming purpose; (2}h: The proposed use is equally appropriate or more appropriate to the distdct than the previous nonconfornung use; (3}e: The proposed use will not be detrimental to the exisring chazacter of development in the immediate neighborhood or endanger the public health, safety, or general welfare; (4�: The proposed use is consistent with the comprehensive plan; and (5� A notarized petition of two-thirds of the property owners within one hundred (100) feet of the property has been submitted staring their support for the use. The application for the permit shall include the pefirion, a site plan meering the requirements of secrion 61�.4019�, floor plans, and other information as required to substanfiate the permit. Sec.62.110. Nonconformingaduitbookstores. . Any adult bookstore use which is lawful as of September 27, 1995, but which becomes an unlawful use under the terms of this sttbsecfion {jj shall be deemed a nonconforming use and may not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to a conforming use. (a4) Discontinue nonconforming uses. Adult bookstores that aze deemed nonconforming uses pursuant to the terms of this subsecrion (jj will be permitted to confinue far a period not to exceed three (3) years from September 20, 1995, unless sooner terminated or discontinued or changed to a conforming use. (b�) Reasonable extension may be granted by planning commission. The owner of any property on which a nonconforming adult bookstore is located may apply to the planning commission for a reasonable extension of the termination date. Any such applicafion must be in wrifing and be received by the commission no later than June 30, 1998. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension. An extension may be granted upon the commission's deterxnination that the applicant has demonstrated that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the commission may consider any factor relevant to the issue, including, but not limited to: (1}� The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation-; (2)tr. Whether the applicant's property interest in the nonconforming use was extinguished before the expiration of the amortization period:; (3)c Whether the value of being free of competition for the period of the amortization period equaled the value of the property interest remaining at the end of the amortization perioc�; (4� The ease by which the property could be converted to a conforming use:; (5)� The cost of relocating the adult bookstore:; and (6)f Reasonable availability of altemative locations as designated by the zoning code as being practically and legally available for adult uses. (Code 1956, § 62.102; Ord. No. 16908, 4-20-82; Ord. No. 16956, 9-9-82; Ord. No. 17038, 7-5-83; Ord. No. 17116, 3-22-84; Ord. No. 17204, 1-15-85; Ord. No. 17524, §§ 21--23, 1-6-88; Ord. No. 17889, § 18, 11-21-91; Ord. No. 17902, § 1, 1-16-92; C.F. No. 91-531, §§ 31, 32, 5-6-93; C.F. No. 93-1718, §§ 65, 66,12-14-93; C.F. No. 95-106Q § 2, 9-27-95; C.F. No. 95-1140, § 6, 10-18-95; C.F. No. 96-307, § 3, 4-24-96; C.F. No. 96-1342, § 3, 11-13-96; C.F. No. 97-222, § 2, 4-2-97; C.F. No. 97-1089, §§ 8, 9, 10-1-97; C.F. No. 98-216, §§ 1, 2, 4-8-98; C.F. No. 99-750, § 7, 9-1-99) Chapter 63�. Zoning Code--Regdlations of General Applicability �revisiaas 1796 1797 . . . .[Moved to § 60.109, under a more logical location for t}us paragraph.] 1798 fii��Ste[r�: [Moved to §60.105, a more logical locarion for Tlus paragxaph.] 1799 . . . , , , � 1800 .[Moved to new Chapter 62, Nonconforming Lots, Uses and ShuctuTes.] :1 � :i °�° °� ,� i . x�l�pr•nuirw�uonwiniii�.rvr.v�� �� ��' 18�4 �o�. `v'.' °'. " `' -- -. [Moved to §60.106, a more logical locarion for his paragraph.] 1805 .. . .[Moved to §60.107, a more logical location for this pazagraph.] 1806 •1028 1807 ARTICLE I. 63100. GENERAL PROVISIONS AND PERFORMANCE STANDARDS 1808 1809 Sec. 63.101�. Lots adjoining alleys. 1810 In calculating the area of a lot that adjoins a dedicated public alley, for the purpose of applying lot azea and density 1811 requirements of this code, one-half the width of such alley adjoining the lot shall be considered as part of such lot. 1812 (Code 1956, § 63.103; Ord. No. 16956, 9-9-82) 1813 Sec. 63.1023. Height limit. 1814 Tfie height limitations of this code shall not apply to mechanical service stacks, tanks, ventilarion equipment, chimneys, 1815 church spires, flag poles, public monuments, and similar equipment; provided, however, that the planning commission 1816 may specify a height limit for any such structure when such structure requires authorization as a conditional use sai�jEet 1817 tcrs7x�is. 1818 (Code 1956, § 63.102; Ord. No. 16906, 4-20-82; Ord. No. 17204, 1-15-85; C.F. No. 95-1140, § 7, 10-18-95) 1819 Sec. 63�.1033fi. Height districts. 1820 In order to protect the economic and aesthetic amenities ofthe city and in order to implement plans long envisioned, those 1821 areas of the city shown on map entitled "Aeight Districts of The City of Saint Paul" are restricted to the following 1822 maximum height for all struchues: 1823 1824 1825 1826 1827 (Code 1956, 62.118; Ord. No. 17204, 1-15-85) 1828 Sec. 63�.i�104. Residential entranceway. 1829 In all Residential Districts, so-called entranceway shuctures, including, but not limited to, walls, colusnns and gates 1830 marking entrances to single-family subdivisions or mulriple housing projects, may be pernutted and may be located in 1831 a required yard, . , provided; that such entranceway structures shall comply 1832 with all codes of the City of Saint Paul, and all state codes, and shall be approved 1833 by the zoning administratar. 1834 (Code 1956, § 62.112) 1835 . °_ =_°--_-__°°__:-_... 1836 -- . . - , . 1837 . , . . , , . , . 1 83$ • • . , . [Moved to §60.306.] 1839 Sec. 631056. Porches and decks. 1840 (a) An open, uncovered porch or deck serving the principal structure shall be subject to setback and lot coverage 1841 requirements for the principal structure with the following exceptions: 1842 (1) The porch or deck may project into a required front ar rear yard for a distance not exceeding ten (10) feet, 1843 providing the walldng surface of the porch or deck is not higher than thirty (30) inches above the adjacent 1844 grade in the front yard and not higher than eight (8) feet above the adj acent grade in the rear yard, but this 1845 shall not be interpreted to include or permit fixed canopies. These permitted projecrions shall be excluded 1846 from lot coverage calculations. 1847 (2) The porch or deck shall be no closer than s'uc (6) feet to a detached accessory buildo g, unle�s�s the por�ch or 1848 deck is not higher than two (2) feet above the adjacent grade. . 1849 (b) The walking surface of an open, uncovered porch or deck serving a detached accessory building only shall not _ 1850 exceed two (2) feet in height above the adjacent grade or shall be considered part of the accessory building and : 1851 must meet all setback and lot coverage requirements for the accessory building. 1852 (c) An uncovered porch, deck or pario not exceeding two (2) feet in height is considered landscaping and is not subj ect 1853 to setback or lot coverage requirements. 1854 (d) An open, covered porch may project up to six (6) feet into a required front yazd. 1855 (Code 1956, § 63.105; Ord. No. 16204, 1-15-85; C.F. No. 99-750, § 12, 9-1-99) 1856 Sec. 63.106�. Projections into yards. 1857 (a�) Attached vesribules, eavere� enclosed entrances and geenhouses may project up to twenty (20) square feet into 1858 a required front or reaz yard and shall be included as part of the principal structure for lot coverage purposes. 1859 (b) Ramps for the handicapped are exempted and may project into required yards. 186Q (c) Cliiimieys and fireplaces may project one (1) foot into a required yazd. 1861 (da) Except as otherwise provided for in section 63�.i96500(b�), overhangs, decorative details and bay windows may 1862 project into a required yard sixteen (16) inches plus two (2) inches for each foot of width of the required side yard. 1863 (e) Air condifioning condensers may be pernutted in required side and rear yards and nonrequired front yards. 1864 (Code 1956, § 63.106; Ord. No. 16956, 9-9-82; Ord. No. 17524, § 34, 1-6-88; C.F. No. 93-1718, § 81, 12-14-93; C.F. No. 96-462, 1865 § 10, 6-5-96; C.F. No. 99-750, § 12, 9-1-99) 1866 Sec. 63.1075. Multiple dwelling side yard. 1867 Far the purpose of side yard regulafions, a two-family house, a townhouse or a mulfiple dwelling shall be considered as 1868 one building occupying one lot. 1869 (Code 1956, § 63.104) 1870 Sec.63�.4108. Foundations. 1871 All buildings shall have a permanent foundarion to comply with the state building code. 1872 1873 (Ord. No. 17039, 7-7-83) Sec: 63:109s. Reserved. 1874 Sec.:63:110� %General desigri°:sLalida'rds; 1875 Zhe following design standards shall'lie nsed ip;sife plan review, as;applicalile, unless theapplxeantcan demonstratethat 1876 there��are airct�mstances uniqiie to tlie+properry thaf'm�ka coinplianpe:imp'racrtical.oxamreasonabke. 1877 (a) New development sha11'relate to,the.design of adjacenE traditional buildings; where fl�ese.are present; in scale;and 1878 chazacter. This can�be'achieoed�liy maintaiaing siipilar seY6acks, facade�:divisi6ns, roo£;lines, rhytlim�and 1879 proportions of opeuings; briiiding'matefialsiand colors: EIistoric azchitectural styles need not be replicated,. 1880 (6) 1881 1882 1883 1884 (c) 1885 1886 1887 1888 1889 1890 1891 1892 Primary building"enfranbes new.linildings sha11; face the:primary abutCing.public-strget,or walkway,: Qx be linked fo that street by°a cleazly�defined'and>Visible wafkwaq� or cow�Cyarrl. Adclitionai,secondary,entrauc,es.may be oriented:to a secondarystceeti orpatking aiea: Entries skall be aIeaily vi§ible and identifiabl'e`from the sfreet, and delineated with eieinents sacfi as roo�' overhangs� recessed=enfries; Iandseaping;.ar similai' design £eatures. In pedestrian=orierited:cotnmeie'ial'disticicts (geperalJy characterized by.storafroiit�cominer�ial bui7dings builf up to the sidewalk) the :£ollawing��andarc�s foi i�ew:constrac�ion�shall�apply: ti) (2) (3) Buildings shalTbe as cYose to the sitletvalk as gractical. At intersections, buildings shali `�old the oomer," fhatis; have street fa�ades�at or neazthe sidewalks af bafh streets. Buildi`ngs shall'have a direct pedesirian connecfion to tfie sireef. (4) No blank walls shall be permitted to face the public stXeet,. sidewalks other.public spaees suck.as plazas. (5) Buildings shall have :window and doos openings facing the street; windows facing parking lots a�e also encouraged. 1893 (d) Residential uses at street level shall generally be set back far enough from the street to prov� a pri�'at�y�ci�ea 1894 between the sidewalk and the front door. Landscaping, steps, porches, grade changes, and low ornamental fences 1895 or walls may be used to provide increased privacy and livability for Fust floor units. 1896 (e} All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent 1897 properties. Rooftop equipment shall be screened by the building parapet, or shall be located out of view from the: 1898 ground. If this is infeasible, the equipment shall be grouped within a single enclosure. This structure shall be set 1899 back a distance of 1'/z times its height from any primary facade fronting a public street. Screens shall be of durable, 1900 permanent materials (not including wood) that aze compatible with the primary building materials. Exterior 1901 mechanical equipment such as ductwork shall not be located on primary building facades. 1902 (� Attached gazages shall be set back at least five (5) feet behind the principal front facade of the building unless 1903 topographic conditions or lot configuration make this impractical. Detached gazages shall be located consistent 1904 with the prevailing pattem on the block or within the neighborhood, unless physical conditions make this 1905 impracrical. 1906 (g) Iftransitfacilitiesareneededtoserveexistingorproposeddevelopment,provisionsshallbemade,wherepracrical, 1907 for location of a bus stop or sheltered transit waiting azea in a convenient and visible location. 1908 (h) The number of curb cuts shall be minimized, and shazed curb cuts for adjacent parking areas are encouraged. 1909 Sec. 63.111. Residential development on steep slopes. 1910 . . Inreviewing residential development on slopes ofgreater 1911 than twelve (12) percent, the zoning administrator shall, in addition to general site plan standards abave, consider the 1912 following requirements and standards: 1913 1914 1915 1916 1917 1918 (a�) An engineering report on slope stability and hydrology, if the zoning administrator determines that such a report is warranted. The zoning administrator shall establish and maintain written criteria to use in maldng this determination, which criteria may include the size of the proposed development and any official records of soil instability, groundwater, and erosion in the vicinity. An engineering report must be prepared by a registered hydrologcal, geotechnical or soils engineer. Before a grading pernut will be issues, the following elements ofthe engineering report must be submitted to the City and approved: 1919 (la) An evaluarion of exisring conditions including slope stability, ground water, and surface water. Tesring 1920 should use techniques that minimize disturbance to existing slopes and vegetation (for example, drilling 1921 cores for soil samples rather than digging with a back hoe).j 1922 (2b) Site-specific recommendations for construction. Recommendations will depend on site conditions but may 1923 include the use of drain tiles, water-proofing walls, poured concrete foundations and sump pumps. 1924 (3e) A schedule of inspections to be attended by City staff, the builder and the engineer who prepared the report. 1925 As a minimum, inspections shall be scheduled prior to grading after grading and during installation of any 1926 special measures required to deal with slope stability or water condirions. 1927 Before any additional building pernrits will be issued, a post-grading report must be submitted and approved by 1928 the City. This report must document condirions afler grading, note any problems or conditions that were not 1929 anticipatedoradequatelyaddressedinthepre-gradingportionoftheengineeringreportandmakerecommendarions 1930 for solutions to any problems found. 1931 (b�) Buildingsshouldbedesignedtofitintothehillsidewithoutsignificantregradingtoprotectthestabilityoftheslope 1932 and preserve existing trees while prevenring excessively tall retaining walls and unatlzacrive trough-shaped yazds 1933 between buildings and retaining walls. Multi-story buildings are encouraged to reduce the size of the building 1934 footprint 1935 (c3) Existing trees shall be preserved where possible and shall be protected during construction. New trees should be 1936 planted to partially obscure new hillside buildings and pazldng. To accomplish this a tree preservation plan shall 1937 be included with the site plan. 1938 (la) Tree preservation pZan: Required information. The tree preservation plan shall include the following: 1939 1940 1941 1942 1943 a�. The location, diameter at breast height (DBIp and species of all existing trees six (6) inches DBH or larger within the limits of disturbance. b�. The locafion and dimension of all buildings (existing and proposed); the locafion of easements, adjacent roadways and vehicular access driveways; existing and proposed grading; site drainage facilities; parldng areas; sidewalks and utilities. �. 1944 c3. The location of all trees that will be preserved and incorporated into the proposed site design. All tree 1945 drip lines shall be noted. O � , I o�� 1946 d#. A description of how trees will be protected before and during construcrion. 1947 e5. The location of trees to be removed, replacement trees and areas proposed for addirional landscaping, 1948 including, butnot lunited tq the tree name (botanical and common); the quantity of each species; tree 1949 caliper, measured svc (6) inches aboveground; and a typical planting detail. 1950 (2b) Tree replacement. In areas with slopes steeper than twelve (12) percenf, trees to be removed for 1951 development or reasonably anticipated to be lost due to development shall be zeplaced according to the 1952 following requirements: 1953 a4. Individual trees of at least twelve (12) inches DBH but less than eighteen (18) inches DBH shall be 1954 replaced on the basis of one (1) replacement tree for every one (1) tree removed. 1955 b�. Individual trees of at least eighteen (18) inches DBH but less than twenty-four (24) inches DBH shall 1956 be replaced on the basis of two (2) replacement trees for every one (1) iree removed. 1957 c3. Individual trees of twenty-four (24) inches DBH or larger shall be replaced on the basis of three (3) 1958 replacement trees for every one (1) h�ee removed. 1959 d$. Replacement shall not be required for removal of trees in areas to be occupied by buildings, private 1960 streets, driveways, areas required for accessory parking or within a distance of fifteen (15) feet of a 1961 building foundafion ar for trees determined by the superintendent of parks to be hazardous, diseased, 1962 dying or dead. 1963 e5. Trees designated for removal within the limits of disturbance may be transplanted within the site and 1964 counted as replacement trees. 1965 f6. Deciduous replacement trees of nursery stock shall be at least two and one-half (2%z) caliper inches 1966 and of a species similaz to the tree(s) lost or removed. Coniferous replacement trees shall be at least 1967 six (� faet in height and of species similar to the tree(s) lost or removed. 1968 (d4) Retaining walls taller than four feet shall be constructed under City pernut with frost footings as required by the 1969 State Building Code and shall be engineered to retain lateral earth pressures consistent with the principles fo soils 1970 mechanics, and shall be detailed to minimize hydrostatic pressures. On a case by case basis, the zoning 1971 administrator may relax these standards for retaining walls thakrt serve minor landscaping purposes. 1972 (e5) On Irvine Avenue and on Pleasant Avenue between Ramsey Street and the Walnut Street public stairway, 1973 additional hillside design standards and guidelines apply as listed in the Irvine Avenue Development Plan of 20Q3. 1974 Sec. b3.112: . Earth-sheltered structures. 1975 In reviewing the site plan for earth-sheltered structures, the zoning administtator shall, in addition 1976 the above objectives, consider: 1977 (a}) Type and location of landscaping to ensure masimum compatibility with adjacent above-grade housing. 1978 (b�) Proper safeguards for erosion conlrol, including, but not limited to, landscaping and seeding to topsoil. Slope and 1979 bluff locations should be evaluated for their ability to withstand crumbling or sagging. 1980 (c3) Proof of soil conditions which would not cause damage to adjacent users. 1981 (d�) Proper drainage systems to handle stormwater runoff. 1982 (e5) Minimum setbacks of four (4) feet shall be required for all below-gade construction. Above-gade portions shall 1983 meet setback requirements of the dishict in which located. 1984 . . . - . 1985 - . 1986 . . , - - 1987 Sec..63.113. . utdoor storage near residential districts and uses. 1988 In reviewing the site plan for outdoor storage in industrial districts, the zoning administrator may pernut outdoor storage 1989 to be within three hundred (300) feet of a residential disirict or of a property occupied by a one-, two-, three-fac� 1990 tawnhanse or multifamily dwelling, provided; that: 1991 (ai-) A visual screen, a minimum of six (6) feet in height, is placed between the outdoor storage and such residential 1992 district or use; 1993 (b�) The zoning administrator has considered the locafion and design of the outdoor stoxage 0�and Vis�t-dl �L�si in 1994 relarion to any plans or guidelines approved by the ciry council and in relation to the design character and building . 1995 materials of adjacent residential azeas:, and ' , 1996 (c3) The zoning adininistrator has notified by mail the properry owners within three hundred fifty (350) feet of the 1997 outdoor storage area at least ten (10) days before the administrator is to approve the site plan and has considered 1998 the properry owners' comments; �xixd. 1999 Sec. 63�.1149�. Visual screens. 2000 (a) Wherever a visual screen is required by this code, it shall be of sufficient height and density to visually sepazate 2001 the screened acrivity from adj acent pzoperty. The screen may consist of various fence materials, earth berms, plant 2002 materials or a combination thereof. 2003 (b) Whenever visual screens are required, for the uses below, the following standards shall apply. 2004 (1) Heightregulations: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 (2) Visual screens shall be located completely within the lot line. 2015 (3) Visual screen locations shall conform with front yazd setback lines in residenrial districts. 2016 (4) When mutually agreeable to all property owners involved, a required visual screen may be located on the 2017 opposite side of an alley right-of-way from the nonresidenrial zone. Maintenance shall be the responsibility 2018 of the person required to erect the screen. 2019 (5) The land between the screen and the properiy line shall be landscaped and maintained so that all plant 2020 materials are healthy and that the azea is free from refuse and debris. 2021 2022 2023 2024 2025 2026 (6) Required visual screens shall have no openings for pedestrians or vehicles except as shown on an approved site plan. (7) Visual screens shall be maintained in a good state of repair. (8) In all cases where a required visual screen would extend to an alley or street which is an entrance to or exit from an off-street pazking facility, it shall be permissible to end the visual scxeen not more than ten (10) feet from such a11ey line or street line. 2027 (9) For mulfifamily structures with ten (10) or more units, office, commercial and industrial uses, garbage 2028 dumpsCers and trash containers shall be lacatedto the rearaf fheprinc�pal building:and enclosed by a visual 2029 screen. 2030 (Code 1956, § 62.107; Ord. No.16799, 5-28.81; Ord. No.17204,1-15-85; Ord. No.17777,10-11-90; C.F. No. 93-777, § 2,12-28-93) 2031 Sec. 63�.11589. L-andscapiug..aud plant materials. 2032 (a} Landscape plans s}iall�`be:based=�on a� aompYehes�si�e site and soil iriven�ory, fHe surrou�ding land§cape, 2033 sustainability issues.:arid rr�aintienance:sequiiements. Tha:foliowmg gdidelines slrall be used: in developing 2034 landscape plans. 2035 (1) Connect or cluster 3andscapap[aiitings t�gether wherever possible, as oppased to creating isolated small 2036 planrings. Plantingazeas:shalibeatleastfour{'4jfeeY.'tnwidth: 2037 (2) 2038 2039 2040 (3) 2041 Reinforce the urban foiest by pieser¢ing;healfhy mature trees whexepo,ssible and pianning for a continuons canopy of trees �3 maturity in areas adjoi�iing public: streets or pazkmg:lots. Foundatinn shrabs shouid'be spaced closesnough-togetherto form a solid mass at maturity. Stormwater treahnent shall:emplay besf management:practices and: shall be intagrated info the tandscape design to th� ea�tgnt�possible. 2042 (b) The species, size, locarion and spacing of plant materials shall be appropriate the p�s�nded. �ks�taf 2043 2044 . Plant materials must be hazdy in Minnesota and for the condirions in which they will be 2045 planted. Plant materials shall meet the following standards: 2046 (1) Minimum plant sizes (at time of planting): 2047 Medium and lazge �ees*-2 1/2-inch caliper. 2048 Small trees--6 to 8 feet overall height. 2049 Shrubs--15 to 18 inches overall height. 2050 *Shall be balled and burlapped stock. 2051 (2) Wherever plant materials are used to sarisfy a visual screen requirement, planting shall be sufficiently dense 2052 to provide an unbroken visual barrier within a maximum of rivo (2) growing seasons after the time of 2053 planting. 2054 . , . 2055 (3#) The genus and species of all plant materials must be identified on all plans submitted for permit approval. 2056 (c5) The owners shall be responsible for maintaining all landscaping in a healthy and growing condition and keeping 2057 it free from refizse and debris. Dead plant materials shall be removed within a reasonable time and replaced during 2058 the normal planting season. 2059 (Code 1956, § 62110; Ord. No. 16799, 5-28-81; Oxd. No. 17062, 10-20-83) 2060 Sec. 634.116@. Exterior lighting. 2061 (a) All outdoor lighting in all use districts, including off-street parldng facilities, shall be shielded to reduce glare and 2062 shall be so arranged as to reflect lights away from all adjacent residenrial districts or adjacent residences in such 2063 a way as not to exceed three (3) footcandles measured at the residence district boundary. 2064 (b) All lighting in all districts used for the external illumination of buildings shall be placed and shielded so as not to 2065 interfere with the vision of persons on adjacent highways or adjacent property. 2066 (c) Rluminafion of any other outdoor feature shall be mainYained stationary and constant in intensity and color at all 2067 times when in use. 2068 (Code 1956, § 62111; Ord. No. 16799, 5-28-81) 2069 Sec.63�.1175. Vibration . 2070 . 2071 (}} Every use in an IIt�- or �tEI=1 District shall be so operated that ground vibration is not perceptible, without 2072 instruments, at any point on any boundary line of the lot on which the use is located. Uses in I=2 and I=3 Disiricts creating 2073 intense earth-shaldng vibrations, such as are created by heavy drop forges, shall be set back at least three hundred (300) 2074 feet from the boundary of a Residence or Business District and at least one hundred fifty (150) feet from an I R=� or �tEI= 2075 1 District unless such operation is controlled in such manner as to prevent transmission, beyond the lot lines, of vibrafion 2076 perceptible without insmiments. 2077 Sec. 63.118. Glare and:heat. 2078 (�}${ar�mrrHr�ut Any operation in an TR� or �EI=1 District producing intense glare or heat shall be performed within 2079 a completely enclosed building in such a manner as not to create a public nuisance or hazard along any boundary line 2080 of the lot on which the use is located. Any operation in an I=2 and I=3 District producing intense gJare or heat shall be 2081 performed within a completely enclosed building or within an enclosure an such a manner as not to create a public 2082 nuisance or hazard along any boundary line of the lot on which the use is located. 2083 (Code 1956, § 62.117; Ord. No. 17511, § 7, 11-12-87) 2084 Sec.63.119. Reserved. 2085 Sec. 63�.1203-�. Private residential pools and hot tubs. 2086 Private outdoor residenrial pools, both above and below ground, and hot tubs are pernutted as an accessory use within 2087 the rear yard or nonrequired side yard; except that, for mulfiple-family developments, the planning comxnission may 2088 detemune the locarion of the pool or tub. Private outdoor pools and hot tubs shall meet the following requirements as 2089 applicable: 2090 (a4) There shall be a distance of not less than ten (10) feet between the adj oining properry line an the oul id'e o� tfie � 2091 pool wall for aboveground pools. For in-ground pools, there shall be a distance of not less than five (5) feet 2092 between the adjoining property line and the outside of the pool wall. " 2093 (b�) There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on 2094 the same lot. 2095 (c3) No swinuning pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance 2096 required for side yazd by the zoning code, whichever is greater. 2097 (d#) No swiimning pool shall be located in a public easement. 2098 (e5) All yazds of one- and two-family shuctures contauring swnnming pools shall be enclosed by an obscuring fence 2099 not less than four (4) feet in height. All yazds of residenrial structures of three (3) or more units and commercial 2100 structures containing swinuning pools shall be enclosed by an obscuring fence not less than five (5) feet in height. 2101 The gates shall be of a self-closing and self-latching type, with the latch on the inside of the gate, not readily 2102 available for children to open. Gates shall be capable of being securely locked when the pool is not in use. 2103 (f6) All yards containing hot tubs shall be secured as in subsecrion (5) above or st�all have a cover which shall be locked 2104 when the hot tub is not in use. 2105 (Code 1956, § 62.116; Ord. No. 17038, 7-5-83; Ord. No. 17204, 1-15-85; C.F. No. 99-750, § 11, 9-1-44) 2106 Sec. 63�.1214. Radio and television antennas. 2107 Antennas, including single satellite dish TVRO's tlu (3) meters or less in diameter, short-wave radio dispatching 2108 antennas, or those necessary for the operafion of household electronic equipment including radio receivers, ham radio 2109 transmitters and television receivers, are pernutted as accessory uses in all zoning districts and shall meet the following 2110 requirements: 2111 (a}) Accessory antennas shall not be erected in any required yard, except a rear yard, and shall be set back a minimum 2112 of three (3) feet from all lot lines. 2113 (b�) Guy wires or guy wire anchors shall be set back a minimum of one (1) foot from all lot lines. 2ll 4(c3) Accessory antennas and necessary support stntchu monopoles or towers may extend a maximum of fifteen (15) 2ll 5 feet above the normal height restriction for the affected zoning district. 2116 (Ord. No. 16906, 4-20-82; C.F. No. 93-1815, § 16, 12-28-43) 2117 . . . .[Moved to new §65310, Antenna, cellular telephone.] 2118 2119 2120 ARTICLEII 63.200: PARKING'REQIJIIZEME�?TS 2121 . . . . 2122 Sec. 63.20E.. Off-street packin�; 2123 - . Except in a B-4 or B-S District, off-street parldng spaces shall be provided in all districts at the 2124 time of erecfion, enlazgement or expansion of all buildings in accordance with the requirements of this section. Before 2125 a certificate of occupancy shall be issued, the number of off-street parldng spaces provided shall be as hereinafter 2126 prescribed.Inan 2127 be at least two-thirds (2/3) of the number hereinafter prescribed. 2128 Sec. 63.202. Site plan reqpired: 2129 . A site plan approved by the planning commission shall be required far the establishment of a new 2130 off-street parldng facility, for the paving of an unimproved off-street parking facility and for the repaving of an off-street 2131 parking faciliTy whose existing paved surface is removed. These faciliries shall meet tlre all standards and regulations 2132 for parking faciliries and site plans contained in this zoning code ����n,.., --`-- `^.' ^" --' --`' —'^.' ^°, and all 2133 paving shall require a building permit pursuant to Chapter 33 of the Legislative Code. A site plan shall not be required 2134 when a new coating is applied over an existing paved surface. Site plans for one- to four-family dwellings mrits may be 2135 approved by the zoning administrator. 2136 Sec. 63.203. Multi-tenant buiidings and sh'ared'spaces. 2137 - . The parldng requirement for each use in a multi-tenant building shall be 2138 determined based on the percentage of the gross floar area used by each use in the multi-tenant building. Any shared 2139 space, such as an atrium, common axea, utility area, unfinished basement, public or shazed restrooms, staircase or elevator �3°1028 2140 area shall be considered, for purposes of detemrining parking requirements, the same as storage areas. Uses with access 2141 to these shared spaces shall be responsible for providing the required pazldng for these spaces. 2142 Sec. 63.204. Change in use within a structure. 2143 . When any uses which e�st within a structure change to a new use, the following 2144 rules shall apply: 2145 (a�) 2146 2147 2148 2149 2150 2151 2152 2153 (b�) 2154 2155 2156 Change in use requiring additional parking. Except when commercial uses are established in the B�C District or when pazldng is specifically required for a speeia� condifional use permit, when any existing uses change to new uses which require six (6) or more addirional off-street pazking spaces than the existing uses, the six (6) or more additional spaces shall be provided along with the spaces already provided bq-t�ce-exisfiirgc2ses. New uses which require five (5) or fewer spaces than the existing uses shall be exempt from providing additional spaces. However, this exempfion provision shall be calculated cumulatively starting from adoption of this provision on January 3, 1994, so thatno properry receives a total exemption ofmore tt�an five (5) spaces Ha3�a�'9�• Change in use requir lessparking. When any existing uses change to new uses which require fewer of£-street parking spaces than the existing uses, the new uses requiring fewer off-street pazking spaces shall be considered as the existing uses when deternuning any subsequent change in use requiring addifional off-sh parking spaces in (1) above. 2157 (c3) Vacant structures. When a structure, or part of a siructure, is vacant, the zoning administrator shall detemune the 2158 previous existing use for purposes of calculating parldng requirements using city records, land use surveys or 2159 directories. 2160 Sec. 63.205. Change in use of parking areas. 2161 2162 2163 2164 2165 2166 . Designated or idenfifiable existing off-street parldng facilities, accessory to one (1) or more principal uses, struchues or facilities, may be changed to another use when the remaining off-street parking meets the requirements that this section would impose on new buildings for all facilities, structures ar uses, including the new use. When the remaining off-street parldng does not meet such requirements, other off-street parldng shall be subsrituted for the parldng spaces changed to another use, and additional off-street parldng shall be provided for the new use in accordance with the requirements of this secfion. 2167 Sec. 63.206.. Rules for cornpnting: r.eqpired`:parkiug: 2168 (a4) Far the purpose of computing the number ofparldng spaces required, the definition of"gross floor area" in section 2169 60.2076 shall apply. 2170 (6�) When units or measurements determining the number of required parking spaces result in the requirement of a 2171 fractional space, any fraction up to and including one-half shall be disregarded, and any fraction over one-half shall 2172 require one (1) pazldng space. 2173 (c3) Thereshallbeprovidedoff-sh 2174 restauzants licensed for wine, strong beer, or nonintoxicating malt liquor) or entertainment as provided herein: 2175 . - > 2176 . 2177 (1)b.—�r�nsferarnew Issuance of a license to an existing structure not previously licensed during the twenty-four 2178 (24) months preceding the applicarion, off-street parldng pursuant to secrion 63�.42073{g). 2179 (2)� Expansion of a licensed shucture with an on-sale intoxicating liquor or an entertainment license, off-street 2180 parldng at the same rate as transfer or new issuance to an exisfing shucture not previously licensed, plus 2181 twenty-five (25) percent of any parking shortfall for the existing building licensed area. "Pazldng shortfall" 2182 shall mean the difference between required parking pursuant to section 63�.}2073fgj for the existing 2183 licensed siructure minus the number of parldng spaces actually provided for that structure. 2184 (3)dc Expansion of a licensed structure with an on-sale intoxicating liquor or an entertainment license, or an 2185 upgrade in an - entertainment license, when located within six hundred fifty 2186 (650) feet of another existing establishment with an on-sale intoxicating liquor or entertainment license shall 2187 provide an additional fifteen (IS) percent of any parking shortfall. 2188 (d�) When at least one (1) of two (2) or more uses has a parking deficiency and their peak parldng hours do not overlap, 2184 the zoning administrator may permit the dual funcrion of their off-street pazking spaces as long as peak parldng 2190 hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional 2191 off-street parking. Building owners with such shared parldng permits shall submit an annual statement to LIEP 2192 2193 2194 (e5) 2195 2196 2197 2198 2199 2200 2201 22�2 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 which verifies the nonconcurrent peak pazking hours of the buildings involved with the shaz�e� ar ng a list of uses within each building to verify no changes in uses which would requue additional pazldng. �: If parldng spaces are provided for self-pazking, accessible spaces shall be provided as required by the Accessibility Guidelines for Buildings andFacilities ofthe Americans withDisabilities Act (ADA) in conformance with the table below. One (1) in every eight (8) accessible spaces, but at least one (1) space, shall be van accessible. Required spaces need not be provided in the particular lot but may be provided in a different locarion i£equivalent or greater accessibility is ensured. Each space reserved for the exclusive use of thehandicapped shall be desigiated by a sign with the intemafional wheelchair symbol. Parking faciliries for residential uses with fewer than five (5) units are exempt from this standard but shall provide accessible spaces upon request of residents with handicaps. Tota1 Parkin In Lot R uiredMinimum l�nmhes of Acnessib}e S aces 1 ro 2s 1 26 to 50 2 57 to75 3 76 to 100 4 101 to 150 5 isi co 200 6 zoi to 300 � 301 to 400 8 401 to 500 9 501 to 1,000 2 percent of total 1,001 and wer 20 plus 1 for each 100 over 1000 2213 b: If an existing parking facility loses off-streetparldng spaces as a result of moving the facility toward compliance 2214 with the provisions of the Americans with Disabalities Act, the parking facility shall be credited with the number 2215 of parking spaces lost when calculafing the total number of spaces provided for zoning purposes. 2216 (f6) The storage of inerchandise or hucks, the repair of vehicles, or the business of selling merchandise is prohibited 2217 in off-street parking areas. 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 (g}) When any land ar building is used for two (2) or more distinguishable uses, or when owners or managers of a group of buildings in a contiguous area wish to provide parking cooperatively through a shared parking agreement, the planning commission may approve a shared off-street parldng facility permit. The number of off-street spaces required to serve the combination of all uses shall be determined in accordance with this secrion. The uses to which this section may be applied are: Office, retail, restaurant, cinema, residenrial, and/or hotel. The methodology used to determine the minimum number of shared off-street spaces shall be the department of planning and economic development's current shazed pazking computerprogram, which is based on theUrban Land Institute's (UL� Model Shared Parking Program. All mixed use developments using this section shall meet the standards and requirements of the PED shared parldng program subject to site plan approval as hereinafter set forth and except as otherwise amended herein. The following conditions shall apply to any shared parldng facility for mixed uses: 2228 (1)x: All requirements and condifions iznposed upon the shazed parking facility shall be recorded on the abstracts 2229 or certificates of tiYle of the land upon which the facility is located and on the titles and lease agreements of 2230 the uses sharing the facility and shall serve as notice to all subsequent purchasers of the existence of the 2231 shared parking facility and all requirements associated therewith. 2232 (2�: Each use in the mixed use development shall be within five hundred (500) feet of the shazed parking facility, 2233 measured from the neazest point of the building in which the use is located to the nearest point of the shared 2234 parking facility. 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 (3)� Pazking spaces reserved on a twenty-four-hour basis cannot be shazed and may not be included in the minimum space requirements for the shared parking £acility. (4)d- All uses and buildings comprising the mixed use development, whether new or exisfing, must be included in deternuning the parking requirement under this secfion. (5� All applications and plans for shazed parldng facilifies shall be submitted for site plan review in accordance with seetiarr6�68 t7terequirements of ttus code. All proposed uses forthe xnixed use development, together with all parking spaces and access drives, shall be clearly designated on the site plan. Landscaped areas shall also be designated, and proposed tree and shrubbery plantings shall be described. The commission may attach such additional conditions to approval of the site plan as are reasonable and necessary to prevent any adverse impact upon nearby streets or properties. 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 b�. For office uses, a ride sharing program, when the applicant submits evidence that it will organize and coordinate a viable ride sharing program. The applicant may be required to submit covenants or other appropriate instruments, in recordable form, to ensure that the applicant and its successors and assi�s will continue to implement the ride sharing program. Performance bonds may also be required where appropriate; or 2270 c3. Reservation by the applicant by way of covenant or other instrument in recordable form of land or 2271 space within five hundred (500) feet of the mixed use development, sufficient to provide additional 2272 parldng spaces equivalent to the number of spaces being reduced for a period ofnot less than five (5) 2273 years. 2274 Sec. 63:29Z: Farking req�urremerits=by:use. 2275 . , The minimum number of off-street parking 2276 spaces by type of use shall be determined in accordance with the following schedule: 2277 22�0 ���� 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 (6)f. ��)� 03•1p28 Parking spaces designated for the handicapped shall be provided in accordance with the provisions of the Accessibility Guidelines for $uildings and Facilities of the Americans with;Disabiliries Act (ADA). After a shared parldng facilityt�as been approved, any subsequent change, addition or deletion in the original mixed land uses or change in intensity of such uses requiring more than five (5) additional spaces shall require pernrit review and approval by the planning commission. No spee'ra} conditional use or occupancy pernut for the new or changed uses shall be issued without such approval from the planning commission unless additional off-street pazldng spaces aze provided in accordance with subsection (bj-abave 63207, Parking requirements by use . The applicant, its successors and assigns shall certify on demand in writing to the planniiig adminis�ator and zoning administrator that the mixed use development and shared pazking facility continue to comply with the provisions of this section, the canditians of site plan approval and any covenants, ageements or bonds executed in conjunction therewith; that no substanrial physical or operational changes have been made to the mixed use development or shared parldng facility; and that no intensificarion of uses has occurred. (8)3r. The month of the yeaz that results in the greatest demand will be used to determine the minimum number of parking spaces required. The planning commission may modify the standazd assumprions (percent auto usage, patrons outside hotel, caprive market retail, noncaptive mazket--nonretail, and noncaptive market residential) if the applicant provides proof of one (1) or more of the following: a}. The location within five hundred (500) feet of the mixed use development of other parking facilities whose peakperiods of use do not conflict with those of the proposed mixed use development or which have excess parking spaces; 2304 ��@� 2307 2308 2309 2310 ��I� 2313 Z��S 2316 2317 2318 2319 2320 2321 2323 ���� 2326 2327 2328 2329 23�1 2332 2333 2334 2��b 2337 2338 2339 2340 2341 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 0 3�1028 Land Use Minimum Number of Parking Spaces ^ Civic and-Institutional Uses - , Educational and Religious Institutions Church/chapeUsynagogue/temple 1 space per 3 seats oi 6 feet of pews in the main unit of worship Day caze center 1 space per employee Elementary/middlefjunior high school 1 space per teacher or adminislrator Senior high school 1 space per employee, teacher and staffmember and I per 10 students Technical college, trade school, business school 1 space per every 2 employees and staff membexs and 1 per every full-rime student or 3 part-time students University, college, seminary ] per every 2 employees and staff inembers and either I per every 3 full-rime students not on campus or 1 for every 3 part-rime students, whichever is greater Social, Cultural and Recreational Facili6es �4iv�ate Club, lodge halt 1 space per 75 sq. ft. GFA Golf course 6 spaces per hole and 1 per employee Golf dnving range 1 space per 15 feet of driving line Multi-use community centers 1 space per 250 sq. ft. GFA Museum, art gallery 1 space per 500 sq. ft. GFA Public library 1 space per 450 sq. ft. GFA rCam�ueFCta��Uses �- a r , .. . ,.... _ , .. �..s: , . .,. ,r ':.. , a�r,__ . :__ t ., ,._.. �:::F, �. , � �..': �:, -,_ E t ._ . : , � . � � Offices General offices 1 space per 350 sq. ft. GFA Office pazk 1 space per 400 sq. ft. GFA Finance, insurance, rea] estate office I space per 275 sq. 8. GFA Photographic studio 1 space per 800 sq. ft. GFA Medical Facilities Hospital I.8 spaces per bed MedicaUdental clinic/office 1 space per 250 sq. ft. GFA Vetermary clinic/hospital I space per 250 sq. fr. GFA RetaiL�Sales and Services General retail, retail stores in general 1 space per 225 sq. ft. GFA �pp�e�ere Bank 1 space per 240 sq. ft. GFA plus 5 stacking spaces per lane for drive-in bank Beaury pazlor, bazber shop 1 space per 250 sq. $. GFA Convenience market, supemiazket I space per 250 sq. ft GFA Drug store 1 space per 250 sq. ft. GFA Fumiture/appliance store 1 space per 500 sq. ft. GFA Hardwazelpaint store 1 space per 340 sq. ft. GFA Laundromats, coin-operated dry cleaners 1 space per every 3 washing or cleaning machines Lumber yard, building materials center 1 space per 275 sq. ft. of indoor sales azea plus 1 space per i sq. ft. of wazehouse/storage. Massage parlor 1 space per 300 sq. ft. GFA Mortuary I space per I50 sq. ft. GFA Multi-use retail center 1 space per 280 sq. ft. GFA Package £xpress delivery service I space per 500 sq. fr. GFA plus 1 space per employee Post office 1 space per 500 sq. ft. GFA plus 1 space per each 2 employees Pawn shop, w�thin a completely enclosed building I space per 225 sq. ft. GFA Pawn shop, with outdoor sales space 1 space per 400 sq. ft. of azea for sales, office, plus 1 space per 2,000 sq. fr. of outdoor sales 2354 2355 235� 2358 2359 2360 2361 2362 2363 2364 2365 2366 2368 2369 2370 2371 ��3� 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 ���� 2388 2389 2390 2391 2392 2393 ��yJ 2396 2397 2398 2400 248� 2403 2404 o�•�ozs Land Use Minimum Number of Parking Spaces �'er�}��it af�easmre Repair shop 1 space per 300 sq. ft. GFA Showrooms, conhactor's shop, e�ibirion hallr, 1 space per 900 sq. ft. GFA � Food and Beverages Coffee shop, tea house 1 space per 175 sq. R GFA Restaurant wiffi or without on-sale wine, strong I space per 125 sq. ft. GFA beer, or nonintoxicating malt liquor Establishment with on-sale intoxicating ]iquor or I space per 100 sq. ft. GFA and as required in secrion 62.103(�(3) ente�taininent license class A Establishment with on-sale intoxicating ]iquor or I space per 75 sq- ft. GFA and as required in section 62.103(fl(3) entertaicunentlicense class B or C Resiaurant, carry-out I space per 225 sq. ft. GFA �'SSEfeed Restaurant, fast food 1 space per 110 sq. ft. GFA plus 6 stacking spaces for drive-through lane Lodging —°°a - ° �-- °-- — �- -°-� Bed and breakfast residence-eenm�ereia� 1.5 spaces per dwelling unit and 0.5 spaces per guest room Hote] or motel 1 space per occupancy unit plus additional for bars, restaurants, assembly rooms Commercial Recreation and EnterEsinment Basketball, volleyball court 9 spaces per court Bowling, bocce ball center, billiazd hall 4 spaces per lane, 2 spaces per table artd plus required pazldng for other uses Dance hall, bingo hall, elecironic game rooms, arn4 1 space per 75 sq. ft. GFA assembly halls witho�t fixed seats Mazma 1 space per 2 slips Miniature golf 1 space per hole Roller rink, ice-skating rink 1 space per 100 sq. ft. GFA Sports club, health spa, kazate club 1 space per 260 sq. ft. GFA plus 1 space per employee Stadium, sports azena 1 space per 4 seats or -i- i�i. 8 feet of benches plus 1 space per 2 employees Swimming club I space per 400 sq. ft. GFA Tennis, racquetba3l, handball, courts/club 3 spaces per court or lane, 1 space per 260 sq. ft. GFA of related uses, and 1 space per employee Theater, auditonum 1 space per 4 seats and 1 space per 2 employees Autmttobile Secvices Automobile convenience mazket I space per 225 sq. ft. GFA Automobile repair shop, service starion, body 1 space pex 27S sq. ft. GFA plus 1 space per each auto service stall shop, spec�alty store Auto repair accessory to auto sales 2 spaces per auto service stall Automobile sales new/used 1 space per 400 sq. ft. or azea for sales, office, plus 1 space per 2,000 sq. ft. of outdoor saLes �n4etnebik Caz wash 5 stacked spaces per washmg lane, 2.5 spaces per stall for self-service, and 1 space per 2 employees Limited Processing and-Storage Self-service storage 1 space per 5,500 sq. ft. GFA Wazehousing, storage I space per 5,000 sq. ft. GFA Wholesaling 1 space per 1,500 sq. ft. GFA �u�Jas2�ia1 Uses. �.:. � � � " � -* ,; , . � R � �; ,:, , ... �f..;.: , __r..x �.:: m . .. _ , u.. .. _.� �, m. ..r Indush manufacturing 1 space per 650 sq, ft. GFA or 1 space pec 2,000 sq. ft. GFA if more than 50% of production floor space is occupied by automated machinery Reseazch and development 1 space per 5?5 sq. ft. GFA Sheltered workshop I space per employee plus 1 for each 25 program participants � Land Use �II7• Minimum Number ofParking Spaces �br-Hnit-afilieasvre 2406 Sec. 63.208. Parldng requirements for other uses. 2407 . For those uses not specifically menfioned in pa�,�tgraph- fgj-section 63.207, the 2408 requirements for off-street parldng shall be in accordance with a use which the planning commission considers as similar 2409 in type. When the planning commission deterniines that there is no use listed in section 63.207 paragrxpk{gj which is 2410 similar to a petitioning use, the planning commission may determine the murimum nusnber of pazldng spaces required 2411 for such use. 2412 Sec. 63.209. Legal nonconforming parking deficiency. 2413 2414 2415 2416 2417 2418 2419 2420 2421 . Nonresidential uses with a legal nonconforming parldng deficiency may provide additional parking spaces, when not associated with the expansion of the gross floor azea or a ck�ange in use requiring additional parking, that can be "saved" and used to meet a future pazldng requirement. Such addifional pazldng must be legally added with an approved site plan and can only be "saved" for three (3) years from site plan approval date for surface parking and for six (6) years from site plan approval date for structured parking. Such parldng will not be used to decrease the legal nonconfornung paddng deficiency for this period of rime. If these parking spaces are not needed to meet a new parking requirement associated with either an expansion ofthe gross floor area or a change in use requiring addifional pazking, after three (3) years for surface parking or after suc (6) years for structured parldng, the parking spaces will be used to decrease any legal nonconfornung pazking deficiency that may exist. 2422 Sec. 63.210. Bicycle parking bonus. 2423 " . 2424 . 2425 (a).- A nonresidenfial use with between five thousand (5,000) square feet and ten thousand (10,000) square feet of land 2426 areadedicatedtoparldngmaysubstitutebicycleparldngfaraportionofitsminimumoff-streetparkingrequirement 2427 not to exceed one (1) parking space. 2428 (b)- A nonresidential use with more than ten thousand (10,000) square feet of land area dedicated to parking may 2429 subsfitutebicycleparkingforaportionofitsminimumoff-streetparldngrequirementnottoexceedtwo(2)parldng 2430 spaces. 2431 (c).- For the purpose of calcularing a pernutted substitufion, two (2) completely enclosed and secure bicycle lockers are 2432 the equivalent of one (1) paddng space; five (5) spaces in a bicycle rack are the equivalent of one (1) parking space. 2433 (d): The location of bicycle parldng facilities shall be at least as convenient to the main entrance of the primary use as 2434 the most convenient third of the automobile parldng. In addirion, bicycle parldng facilities shall be anchored to 2435 prevent easy removal. 2436 (Code 1956, § 62.103; Ord. No. 16799, 5-28-81; Ord. No. 17062,10-20-83; Ord. No.17204, 1-15-85; Ord. No. ] 7205, 1-I 5-85; Ord. 2437 No. 17330, § 2, 2-18-86; Ord. No. 17393, § 5, 9-4-86; Ord. No. 17470, §§ 2, 3, 7-1-187; Ord. No. 17524, § 24, 1-6-88; Oid. No. 2438 17646, § 7, 4-6-89; Ord. No. 17689, § 7, 10-26-89; Osd. No. 17889, § 19, 11-21-91; C.F. No. 91-261, §§ 4--7, 11-23-93; C.F. No. 2439 93-1324, §§ 2--4, 6, 11-23-93; C.F. No. 93-1718, §§ 67--69, 12-14-93; C.F. No. 95-203, §§ 3--6, 3-22-95; C.F. No. 95-1444, § 4, 1- 2440 17-96; C.F. No. 96-462, §§ 8, 9, 6-5-96; C.F. No. 96-1028, § 5, 10-9-96; C.F. No. 98-216, § 6, 4-8-98; C.F. No. 99-750, § 8, 9-1-99; 2441 C.F. No. 00-972, 11-8-00) 2442 2443 ARTICLE III: 63:30Q: :O�'F-STREET Pt1RKING Fr�CII;ITY ST?:NDARDS .AND DESIGN 2444 2A45 Sec. 63�.301@4. Off-street parking facility standards and design. 2446 Wherever the off-street parldng requirements in Article II, Parking Requirements, of this chapter �� require 2447 the building of an off-street facility, or where a VP� Vehicular Parldng Distric . is provided, or 2448 whereanyoff-streetparltingfacilityisbuilt,sucho£f-streetparldngfacilitiesshallbelaidout,constructedandmaintained 2449 in accordance with the following standards and designc. 2A50 Sec. 63.302. Site plan review. 2451 ��P-Bit�-plsn-�-�vi�rv. A site plan shall be submitted for review as outlined in section 61�.402�9&. In addition, the 2452 following shall be submitted: 2453 (a).- Ownership of all lots or parcels intended for use as parldng:; 2454 (b).- Indicarion of all structures or facilities to be served by the off-street parldng facilityr; and - 2455 (c} Location and dixection of drainage far stormwater runof£ o �' � o� 8 2456 Applications for building pernuts that involve changing any parking space to another use shall include the following 2457 information: 2458 (li) All uses, structures or faciliries served by such off-street parldng spaces; 2454 (2ii) Total number of parldng spaces accessory to such uses, structures or faciliries; and 2460 (3rii) Number of pazking spaces proposed to be changed to another use. 2461 Sec. 63.303. Parldng location, residential. 2462 . Residenrial off-sheet parldng shall consist of an off-street pazldng facility or 2463 pazking spaces as defined in ttns code. Paddng spaces for one- and two-family dwelling units shall be located on the same 2464 zoning lot that they aze intended to serve. Pazking spaces for buildings containing three (3) or more dwelling units shall 2465 be on the same zoning lot, in a VP=� z�sing Vehiculaz Puking Ddistrict, or in an abutting zoning lot in the same or less 2466 restricrive zoning district. 2467 Sec. 63.304. Parking location, nonresidential. 2468 , . Off-street pafldng for other than residential use shall be either: 2469 (a) On the same zoning lot as the building it is intended to serve;; or 2470 (b) In a VP� Vehiculaz Pazldng District, . , or within 2471 the same or a less restrictive zoning district as the principal use. This park�ng shall be locaYed a� within three 2472 hundred (3Q0) feet of the building it is intended to serve, measured from the nearest point of the building to the 2473 nearest point of the off-street parldng lot:; or 2474 (c) Part of a shared commercial°pazking arrangemexit in an institutional lof puisuant to secYion 65.732. 2475 Sec. 63.305. Minimum layout dimensions. 2476 2477 2478 2479 2480 2481 2482 INSET: Parking Space Pattem 2483 Sec.-63:306: Compact spaees 2484 {5}£mrzpczctspacss- Accessory parldng facilities may designate up to fifiy (50) percent of the spaces for compact cars 2485 only, in which case, the minimum layout dimensions may be reduced to eight {8) feet in width and sixteen (16) feet in 2486 length. Compact spaces shall be designated by signs with a minimum of one (1) sign per every four (4) compact spaces. 2487 Commercial parking facilities may designate any number of compact parking spaces. 2488 Sec.63.307.'Fiandicapped'accessilsTe.parkingspaces. 2489 Parldng spaces for the handicapped shall be designed in accordance with 2490 the provisions ofthe Accessibility Guidelines for Buildings and Facilities of the Americans withDisabilities Act (ADA). 2491 Sec.63.308. Maneuveringlanes: 2492 . Except as provided in pai�agn�pk{$�-e€fihis secrion 63:309, access to any parldng space for a use 2493 other than one- or two-fanuly structures shall be provided by a maneuvering lane. All off-street parking facilities shall 2494 be designed so that any vehicle leaving or entering the facility from or onto a public street shall be traveling forward. 2495 Sec. 63.304. Stacked parking, 2496 f 3}Sinek�c.�pcerlmcg. Stacked parldng shall be allowed in any off-street parldng facility whenever an attendant is present. 2497 Space for any maneuvering of vehicles must be provided an the attended pazking facility. 2498 Sec. 63.310. Entrances and exits: 2499 Adequate entrances and exits to and from the parldng facility shall be provided by means of 2500 clearly defined and limited drives. 2501 (a}: Entrances and exits to and from a pazldng facility on residentially zoned land shall not be across��� • k3nore 2502 restrictive residenrial zoning district. 2503 (br Entrances and exits to and from a parldng facility in a commercial or industrial zoning district shall not be across 2504 land in a residential district. 2505 (c} Entrances and exits to and from all pazldng faciliries located in land zoned other than R�L, - - 2506 ar� -RT=2 shall be at least riventy-five (25) feet from any adjoining properly in RL-- , - RT=2 2507 zoning districts. 2508 (d)- Entrances and exits to and from a pazldng facility shall be at least thirty (30) feet from the point of intersection of 2509 curblines of two (2) or more intersecting streets. 2510 (e).- Alley access from residential properry. Entrances and exits to and from all off-street pazidng faciliries located on 2511 land zoned for residential use shall be pernutted access to an alley except where it is detemuned in the review of 2512 a site plan applicarion that permitting alley access may be humful to the public peace, health and safety. 2513 Uses prolvbited alley access elsewhere in the zoning code shall not be pernutted alley access by the provisions of 2514 this section. 2515 (f}- Alley access from nonresidential properry. Entrances and exits to and from all off-street parldng facilifies which 2516 are located on land in nonresidential zoning districts and which abut residentially zoned land across an alley shall 2517 be denied alley access except where the applicant can establish, in the review of a site plan application, that 2518 allowance of alley access would not create or aggravate an unsafe condition and one (1) or more of the following 2519 conditions exist: 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 (1)- Altematives to alley access aze unsafe due to traffic volumes, traffic speeds, proximity to an intersection, steep slopes, a blind pedestrian crossing, or some other unsafe condition; (2): The location of existing structures on the property prohibits access to the street; (3� A comprehensive plan ar a neighbarhoodplan approvedby the city council recommends thatnew o£f-street parldng facilities be located in the rear of development sites or discourage additional curb cuts or driveways across sidewalks; or (4)- The number of parldng spaces in the off-street parking facility is seven (7) or less. If a new alley access is proposed which will serve eight (8) or more parking spaces, notice to adjacent properiy owners and opporiunity for them to comment shall be provided in the maxnier set forth in section 61�.402�9&(b)(5). Decisions to grant or deny alley access are subject to appeal pursuant to the provisions of secrion 61d.3700. 2530 Uses prohibited alley access elsewhere in the zoning code shall not be permitted alley access by the provisions of 2531 this section. 2532 Sec. 63.311', :Wheel:stops. 2533 ft9�i�le�f-stepr. Provisions shall be made by use of such devices as curbs, wheel stops and earth berms to prevent 2534 vehicles from damaging or ov�hanging adjacexTt pioperty, �r public rights-of-way�:or reqriiied ]�ndscaping. 2535 $ea 63.312.:SeYback. 2536 f}}}�tbae7r. Except as otherwise provided in secfion 66@. 4425�3(�j(c) or section 66�.43 i(b)}93{�j off-street parldng 2537 spaces shall not be within a required front or side yard and shall be a minimum of four (4) feet from any side lot line. 2538 (k$j For housing on Irvine Avenue, a guest parldng space may be provided on the driveway or elsewhere. If it is 2539 provided elsewhere, a guest parking area is exempt from setback requirements for parldng spaces and it may be paved 2540 with gravel. 2541 Sec. 63.313. Visual screening. 2542 . For off-street parldng facilifies which adjoin or abut across an alley, a residential use ar zoning 2543 district, a visual screen shall be provided and maintained; as required in secrion 63�1149�; Visual screens. 2544 2545 2546 2547 2548 2549 2550 5ec.63.314. Landscaping. fl:'r,t�am�se�tng: For any parking facility, other than a parldng garage, landscaping shall be provided to buffer the facility from adjacent properties and from the public right-of-way; reduce the visual glare and heat effects of large expanses of pavement; and provide areas for the retention and absorption of stormwater runof£ All required yards and any underdeveloped space shall be landscaped using materials such as trees, shrubs, sod or groundcover plants �n 2551 - 2552 . Any landscaped azea shall be planted and maintained in accordance with secrion 2553 63�.115A9, Landscaping and plant materials. All pazking and loading areas (including drive-thiough facilities, outdoor 2554 auto sales and rental, pump island service areas and stacking spaces) adjoining public streets or sidewalks shall provide: 2555 (a) A landscaped yard at least 4 feet wide along the public sh-eet or sidewalk. If vehicles may overhang the yazd, an 2556 additional3 feet of width shall be provided. 2557 (b) 2558 2559 2560 (c) 2561 2562 (d) 2563 In all districts except industrial districts, screening shall be provided consisting of a masonry wail ar decorative fence (not including chain link) supplemented with landscape material, forming a screen a minimum of 3 feet in height, a maximum of 4%z feet in height, and not less than 50 percent opaque. In addition to perimeter landscaping, parking lots for more than fifty (50) cars shall contain planted islands. As a minimum, one (1) square foot of landscaped area shall be provided for every ten (10) squaze feet of paving. A fast-food restaurant that is not part of a retail sh-ip center shall provide, as a minimum, one and one-half (1.5) squaze feet of landscaped area for every ten (10) square feet of paving. 2564 Sec.63.315. Maintenance. 2565 (�}�bfttzrzt�etme� All areas of all off-street parking facilities shall be kept free from refuse and debris. 2566 Sec.63.316. Paving. 2567 �}Pttving All parking spaces, driveways and off-street parldng facilities shall be paved with asphalt or other durable, 2568 dustlesssurfacingorofmaterialcomparabletotheadjacentstreetsurfacing[Tlrisreflectscurrentpolicy.]inaccordancewith 2569 other specifications of the zoning administrator. The parking azea shall be paved within one year of the date of the pemut 2570 except as provided in section 61�.�402$(e�. 2571 Sec. 63.317. Parking structures: 2572 (a) The ground°fioor facade. abutting any pufilie stceet oY walk�ray shall' be designed and archife6turally detailed in a 2573 mannerconsistentwi3hnearby:oommercial�or.°officabuildisrgs. 2574 (b) The dasign of upper'f3oors-shalT�enspre that°sI'oped �lbors `do riot dominate tlie� appearance o�Aie facade. 2575 (c) Windows or openings:sl3all�beprobided fihat e6ho those of surrounding buildings. 2576 (d) Entranee drives to stra�fdredpaklting (iizeluding:undergroundparking) shail=be located:and desigaedto rniniinize 2577 interfeience:with pedestrian movement:.Pedestrian walks shal� 6e continuedaczass drive�uays. 2578 (e) The appearance 2579 of a building. P 2580 using screening 2581 possible; and s 2582 nrominence;:loc 2583 �ec.63.31$: Lighting. not dominaYe:4hestreet,frontage (compared terms. 2584 E�6}�-ightzng. All parking facilities shall be illuminated to a level to allow safe, secure access to the parldng facility and 2585 within it. I;ight frxtures ont}ie top7e'v`eTof parking structures shall Ue setback from th� edge so fhatthe� are notYisilsle 2586 fromYhe adjainingstreet. All parking facility illumination shall conform to the provisions of section 63�.1169; �fexioi 2587 lighfing. 2588 5ec. 63:319. Stormwater runof�t 2589 Siormwater flrainage from off-street pazking faciliries nto public sewers 2590 shall be controlled so that peak stormwater discharge rates from the site for all storms up to and including the crirical 100- 2591 year frequency will not exceed: 2592 2593 Q= 1.64 x A where Q= the maximum acceptable dischazge rate in cubic feet per second and A= the site area in acres. 2594 Parking faciliries shall be designed so that discharge of all stormwater runoff and surface water shall be in a fashion so 2595 as to preclude drainage of water onto adjacent property or toward buildings. 2596 . . . [Moved to §63312 above.] 2597 (Code 1956, § 62.104; Ord. No. 16799, 5-28-81; Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; Ord. No. 17524, §§ 25, 26, 2598 1-6-88; Ord. No. 17689, § 8, 10-26-89; Ord. No. 17779, § 2, 10-11-90; Ord. No. 17889, § 20, ll-21-91; C.F. No. 93-1718, §§ 70--73, 2599 12-14-93; C.F. No. 93-777, § 1, 12-28-93; C.F. No. 97-1089, § 6, 10-1-9� �° `�� �� 2600 ARTICLE N. 63.400. OFF-STREET LOADING AND UNLOADING 2601 O � . O � o 2602 Sec. 634.40165. Off-street loading and nnloading. � 1 O 2603 On the same premises with every building, structure or part thereof involving the receipt and dish of vehicles, 2604 materials, merchandise, supplies or equipment, there stiall be provided and maintained on the zoning lot, in addirion to 2605 zening off-street parking in conformance with the reguirements of this code, adequate space for maneuvenng, standing, 2606 loading and unloading in order to avoid undue inter£erence with public use of dedicated rights-of-way. Such space shall 2607 be provided as follows: 2608 (a4) All spaces shall be laid out in dimensions of at least ten by fifry feet (10' by 50� or five hundred (500) square feet 2609 in azea, with a cleazance of at least fourteen (14) feet in height. Loading dock approaches shall be provided with 2610 a pavement having a pennanent, durable and dustless surface. All spaces shall be provided in at least the following 26ll ratio: 2612 2613 2614 2615 2616 2617 (b�) No off-street loading space shall be located in any yard adjoining any residenrial use or zoning district. 2618 (c3) Space shall be provided within the off-street loading area so that any maneuvering back into or out of a loading 2619 space can be conducted outside of any public right-of-way. 2620 (Code 1956, § 62105; Ord. No. 16799, 5-28-81) 2621 2622 2623 AItsTIGLE V>- 63.500. ACC&SSORY Bi7ILIi1NGS 2624 Sec. 63�. 50196. Accessory buildings. 2625 Accessory buildings, except as otherwise provided in this code, shall be subject to the following regulations: 2626 (a�) When the accessory building is structurally attached to a main building, it shall be subject to, and must conform 2627 to, all regulafions of this code applicable to main buildings. 2628 (b�) Accessory buildings, structures or uses shall not be erected in or established in a required yard except a rear yard. 2629 Passengervehicles may 6e �acked iufromtyards providing they are lacated on�an�appioved driveway fhat�leads=to 2630 alegatparldngspaca. 2631 On corner lots, accessory buildings, structures ar uses shall be set back from the street a distance equal to that 2632 required of the principal structure. 2633 When an accessory building, structure or use is constructed in a reaz yard which adjoins a side yard or front yard, 2634 the accessory building, structure or use shall be set back from the interior lot line a distance equal to the minimum 2635 side yard required of the principal structure. 2636 On all other lots, accessory buildings shall be set back at least three (3) feet from all interior lot lines, and 2637 overhangs shall be set back at least one-third (1/3) the distance of the setback of the garage wall or one (1) foot, 2638 whichever is greater. 2639 This setback requirement from all interior lot lines for accessory buildings in rear yards sha11 be waived when a 2640 maintenance easement is recorded as to the affected properties, when proof of such recorded easement is provided 2641 at the time of application for a building perxnit and when the accessory building is located at least three (3) feet 2642 from any building on an adj oining lot. The recording of the maintenance easement shall be intexpreted to mean that 2643 the following intents and purposes of this setback requirement are met: �., 2645 2646 (1}�a: Adequate supply of sunlight and air to adjacentproperiy; (2xr. 5ufficient space for maintenance of the building from the same lot; and (3)� Prevenrion of damage to adjoining property by fire or runoff from roofs. � 2647 A recorded common wall agreement is pemutted in lieu of a maintenance easement if the ry`�h�hct�fe is 2648 attached to an accessory structure on an ad}ouring lot. 2649 (c3) In any residenrial area, accessory buildings shall not exceed fifteen (15) feet in height; provided, however, that 2650 accessory buildings with a flat or shed roof style shall not exceed twelve (12) feet in height. Carriage house 2651 dwellings'__ -.__ ^_ � " ^_ -.____ -'_ ""_ _" __ . ' _ _ '_�____ ` _hall not exceed 25 feet in height. 2652 Exception: AccessorybuildingheightsshallnotapplytoproperrywithindesignatedHeritagePreservarionDishicts 2653 nor to designated historic sites. In these cases appropriate building heights for accessory structures shall be 2654 detemrined through the design review process to ensure that heights aze acceptable and in keeping with scale and 2655 style of development on the property. 2656 (d#) Accessory buildings on a zoning lot may occupy up to thirry-five (35) percent of the rear yazd. Rear yazds which 2657 adjoin alleys may include t�alf the azea of the alley to calculate the azea of the rear yard which may be occupied 2658 by accessory buildings. 2659 On zoning lots containing one- and two-family dwellings, there shall be a maximum of three accessory buildings, 266� the total of which shall not occupy more than one thousand (1,000) square feet of the zoning lot. On zoning lots 2661 containing all other uses, accessory buildings may occupy the same percent of the zoning lot as main buildings are 2662 allowed to occupy in the zoning district, . , . , . . . 2663 (ef) In those instances where the-rear a lot line �; -" -'-"°- ----`- -- --'° °- adjoins an alley right-of-way, 2664 the accessory building shall not be closer than one foot to such rexr lot lines. 2665 (ffr) On through lots, where frontage is clearly established within a given block, rear yard setbacks shall be equal to the 2666 side yard setback required of the principal shucture ' . 2667 (g=�) Accessory buildings shall be located at least six (6) feet fromthe principal struchue ar shall be considered attached 2668 for purposes of the zoning code. 2669 (Code 1956, § 62.106; Ord. No.17038, 7-5-83; Ord. No. 17204, 1-15-85; Ord. No.17476, § l, 7-15-87; Ord. No. 17511, § 7,11-12- 2670 S7; Ord. No. 17524, §§ 27, 28, 1-6-88; C.F. No. 93-1718, §§ 74, 75, 12-14-93; C.F. No. 96-77, § 4, 2-14-96; C.F. No. 96-1342, § 4, 2671 11-13-96; C.F. No. 99-750, § 9, 9-1-99; C.F. No. 00-972, 11-8-00) 2672 a��.-o": ^^. ` --- -- ----. [Movedto §63.114.] 2673 . . . . [Moved to §61.400.] 2674 [Moved to § 61.400.] 2675 [Moved to §61.400.] 2676 . [Moved to §61.400.] 2677 . {Moved to §61.400.] 2678 - . [Moved to § 63.112.] 2679 . [Moved to § 63.113.] 2680 . [Moved to §61.400.] 2681 . jMoved to §61.400.] 2682 . . . .[Moved to section 63.115, I.andscaping and plant materials.] 2683 2684 2685 2686 2687 ARTICLE VI.: 63.640. WETLAND GOI�TSERU�TION �: - �� �� �� _ �, �..�. _ ,� .� �, 2688 Sec.635.60199. Purpose. 2689 The purpose of Article VI, Wetland Conservation, of this chapter is to implement the Wetland Conservation Act of 2690 1991 (Minn. Laws 1991 Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water 2691 and Soil Resources (Minn. Rules Chapter 8420, as amended). 2692 (C.F. No. 9475, § 1, 2-9-94) 2693 Sec. 635.602i$}. Incorporation by reference. 2694 Article VI, Wetland Conservarion, of this chapter incorporates by reference the Wetland Cons Ac't "an71 fKe 2695 accompanying rules. All words and terms used in this chapter which are de£ned in the act, rules or elsewhere in the 2696 zoning code shall have the meanings given therein. ' 2697 (C.F. No. 94J5, § 1, 2-9-94) 2698 Sec.635.603ifl�. 5cope. 2649 Article VI, Wetland Conservarion, of this chapter regulates the draining and filling of wetlands and parts of wetlands 2700 within Saint Paul. It is a part of the zoning code (official controls). 2701 (C.F. No. 94-75, § 1, 2-9-94) 2702 . 2703 Sec. 635.604�99. Exemption and no-loss determinations. 2704 The zoning admuustrator shall make deternunarions whether plans to drain or fill wetlands are exempt from the 2705 requirements to replace drained or filled wetlands, as set forth in Minn. Rules Part 8420.0210, and whether proposed 2706 work will result in a loss of wetlands, as set forth in Minn. Rules Part 8420.0220. The zoning administrator may seek 2707 the advice of the technical evaluation panel on quesfions of wetlands delineation and type. 2708 The zoning administratar's decisions are final unless an administrarive appeal to the board of zoning appeals is filed 2709 as set forth in section 61#.70039# of the �zoning code. 2710 (C.F. No. 94-75, § 1, 2-9-94) 2711 Sec.635.605�64. Sequencing. 2712 The planning commission may not consider a wetland replacement plan unless it finds that the applicant has 2713 complied with all of the principals of sequencing in Minn. Rules Parts 8420.0520. Provided that if the size of the 2714 wetland to be drained or filled is less than one-tenth (0.1) of an acre, the zoning administrator sk�all make the 2715 sequencing findings as set forth in Minn. Rules Part 8420.0520, Subpart 2. 2716 (C.F. No. 94-75, § 1, 2-9-94) 2717 Sec. 635.606�. Sp�cC.onditional uses. 2718 Draining or filling wetlands except wetlands deternuned exempt in section 635.604�6@ sha11 be prnreipa}-nses 2719 ' conditional:uses in all zoning districts. 2720 (C.F. No. 94-75, § 1, 2-9-94) 2721 Sec. 635.607�83. Replacement plans. 2722 (a) No draining or filling of wetlands shall take place until plans to replace the drained or filled wetlands have 2723 been approved by the planning commission. Replacement plans shall conform to all the requirements of Minn. 2724 Rules Parts 8420.0530 - .0550. 2725 (b) Plans to drain or fill wetlands and to replace the drained or filled wetlands shall be acted on by the planning 2726 commission in accordance with section 61�.3500, Condifional use permits 2727 , of the zoning code and with the additional notice and time requirements of Minn. Rules 2728 Part 8420.0230. 2729 (C.F. No. 9A-75, § 1, 2-9-94) 2730 Sec. 635.608�. Monitoring replacement wetlands. 2731 The zoning administrator shall assure that the wetland replacement plan monitoring and enforcement requirements of 2732 Minn. Rules Parts 8420.Q600 -.0630 are fulfilled. 2733 (C.F. No. 94-75, § 1, 2-9-94) 2734 Sec. 635.609�65. Wetland banking. 2735 Wetlands may be restored or created within the city for purposes of deposit in the state wetland bank in accordance 2736 with Minn. Rules Parts 842Q.0700 -.0760. The zoning administrator is responsible for approving plans to restore or 2737 create wetlands for deposit in the weUand bank, certifying that the wetlands were constructed as planned, and 2738 monitoring of banked wetlands and enforcement under the rules. 2739 (C.F. No. 94-75, § 1, 2-9-44) 2740 Sec. 635.6103fl6. High priority areas. 2741 Decisions regarding sequencing, replacement plans and banldng shall particularly favor preso ation, estora`�io�f and 2742 creafion of wetlands in high priority azeas as identified in water management plans pur suant to Minn. Rules Part 2743 8420.0350. ` � 2744 (C.F. No. 94-75, § 1, 2-9-94) 2745 Sec. 635.611�. Appeals to the board of water and soil resources. 2746 After administrative appeals under the zoning code have been eicl�austed, decisions made under Article VI, Wetland 2747 Banking, of this chapter may be appealed to the board of water and soil resources as set forth in Minn. Rules Part 2748 8420.0250. 2749 (C.F. No. 94-75, § 1, 2-9-94) 2750 Sec.635.61249$. Variances. 2751 The boazd of zoning appeals may grant variances from Article VI, Wetland Conservation, of this chapter so long as 2752 the variances do not vary requirements of the act or the mles. 2753 (C.F. No. 94-75, § 1, 2-9-94) 2754 Sec. 635.613�89. Technical evaluafion panel. 2755 2756 2757 2758 2759 27b0 2761 2762 2763 2764 2765 2766 2767 2768 (a) T`he city council shall appoint a person to serve on the technical evaluarion panel. The person must be a technical professional with expertise in water resource management. The city council shall also select one (1) of the members of the panel to act as the contact person and coordinator for the panel. (b) The city council, planning commission, zoning administrator, properry owner or a member of the technical evaluation panel may request that the technical evaluation panel make a technical determination of the public value, locarion, size or type of wetlands in plans to drain, fill or replace wetlands. No decision on the plans shall be rendered unril the panel makes the deternunation, as set forth in Minn. Rules Part 8420.0240. (C.F. No. 94-75, § 1, 2-9-94) Chapter 645. Zoning Code--Signs* *Editor's note—This chaptez is derived from Code 1956, §§ 66.101--66.128, 66201--66.217, 66301, 66.401--66.415, and from Yhe following ordinances: 2769 Ord. No. Sec. 2770 16753 2771 17062 2772 17098 2773 17204 2774 2775 2776 2777 Date 1-22-81 10-20-83 1-18-84 1-15-84 Ord. No. Sec. 17223 1 17414 1 17511 1 Date 3-14-85 11- 4-86 11-12-87 ARTICLE I. PURPOSE AND DEFINTTIONS 2778 Sec.646.101. Purpose. 2779 The purpose of this chapter is as follows: 2780 (a4) To promote the public health, safety and general welfare of the community; 2781 (b�) 2782 2783 (c3) 2784 (d#) 2785 (e5) 2786 (f6) 2787 (g�) 2788 2789 2790 2791 ��°IO2$ To encourage a concern for the visual environment which makes the city a more desizable place to live, wark and visit; To identify and promote business and industry in the city; To reduce hazards which may be caused by signs projecting over public rights-of-way; To protect open space and areas chazacterized by unique environmental, lustorical and architectural resources; To protect the right of informarion transmittal; Along advanced speed arteries, to promote the safety, convenience and enjoyment of public travel, to protect the public investment in highway beautificarion, and to preserve and enhance the nahual scenic beauty or the aesthetic features of roadways in scenic and adjacent azeas; (h$) To reduce the number of nonconfornring signs in the city, particularly billboards. (i9) To conh the qualiTy of materials, conshucrion, electrification and maintenance of all signs; 2792 > 2793 (j}}) To provide for the adminish of this chapter; and, 2794 (k) i�j To provide penalties for violations of the provisions of this chapter. 2795 (Code 1956, § 66101; C.F. No. 00-973, § 1, 11-15-00) 2796 Sec.646.102. Definitions. 2797 2798 2799 2800 2801 2802 All words and terms not defined in this chapter which are defined in the Minnesota State Building Code or elsewhere in the zoning code of the City of Saint Paul shall be intexpreted as therein defined. Otherwise, for the purposes of this chapter, texms and words not herein defined shall have the meaning customarily assigned to them. Certain words and terms shall be defined as follows. (Code 1956, § 66.102) Sec.646.103. A. 2803 Advanced speed arteries. A limited access freeway or other road upon portions ofwhich speeds of forty-five (45) miles 2804 per hour or greater are pernvtted. 2805 Advertising sign. A sign which directs attention to a business, profession, commodity, service or entertainment which 2806 is conducted, sold or manufactured elsewhere than on the premises upon which the sign is placed. It shall be considered 2807 as a nonaccessory sign except that an advertising sign on a professional sports facility with pern�auent seating for more 2808 than ten thousand (10,000) spectators shall be considered as accessory. Billboards aze a form of advertising sign. 2809 Advertising signs located on bus stop shelters, courtesy benches and newsstands are regulated under other chapters and 2810 are not subject to the requirements of this chapter. 2811 (Code 1956, § 66103; C.F, No. 00-686, § 1, 8-23-00; C.F. No. 00-973, § 1, 11-IS-00) 2812 Sec.646104. B. 2813 Billboard. Any advertising sign larger than fifty (50) square feet except an accessory advertising sign at a professional 2814 sports facility. 2815 Bulletin board. A sign which permits the posting of announcements regarding religious, civic, philanthropic or 2816 neighborhood acrivities. 2817 Bus stop shelter. Bus stop shelters aze regulated under appendix I and are not subj ect to tha requirements of this chapter. 2818 Business sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is 2819 conducted, offered, sold or manufactured on the premises upon which the sign is placed. It shall be considered as an 2820 accessory sign. 2821 (Code 1956, § 66.104; C.F. No. 00-973, § 1, ll-15-00) 2822 Sec.645.105. C. 2823 Canopy sign. A sign painted, stamped, perforated, stitched or otherwise applied either on an awning or canopy or its 2824 valance. 2825 Combination sign. A sign incorporating any combination of the features of freestanding, projecting and roof signs. 2826 Courtesybench. Courtesybenchesareregulatedunderchapter315andarenotsubjecttotherequirementsofthischapter. 2827 (Code 1956, § 66.105; C.F. No. 93-1718, § 89, 12-14-93; C.F. No. 00-473, § 1, 11-15-00) 2828 Sec.6�36106. D. 2829 Directional sign. A sign wluch is used for the regulation of traffic flow into and within a paro � ot. 1 O � o 2830 Display surface. The area made available by the sign struchue for the purpose of displaying the advertising message. _ 2831 (Code 1956, § 66.106) 2832 Sec.64fr.107. E. 2833 Electric sign. A sign containing elech wiring, but not including signs illuminated by an exterior light source. 2834 Electronic message sign. A sigi which allows for periodic changes in copy or symbols by electronic means. 2835 (Code 1956, § 66.107; Ord. No. 17536, § 1, 2-2-88) 2836 Sec.64fr.108. F. 2837 Flashing szgn. An illuminated sign on which the ilhmunarion is not kept starionary or constant in intensity or color at 2838 all rimes when the sign is in use. An electronic message sign is not considered a flashing sign. 2839 Freestanding sign. A sign which is mounted into the ground or supported by one (1) or more upright poles, columns, 2840 or braces placed in or on the gzound and not attached to any building. 2841 (Code 1956, § 66.108; Ord. No. 17536, § 2, 2-2-88; C.F. No. 93-1718, § 90, 12-14-93) 2842 Sec.646.109. G. 2843 2844 2845 2846 2847 2848 2849 2850 Gross surface display area. The entlre area within a single continuous perimeter enclosing the extreme limits of such sign, but in no case passing through or between any element of the sign. The background on which a sign is placed shall be enclosed within the perimeter when the background is an integral part of the sign display surface. When signs are painted on or applied directly to a building, the perimeter shall include all elements of the sign together with the background of a different color than the natural color of the building. The perimeter shall not, however, include supporting framework or bracing when not used as a sign display surface. (Code 1956, § 66.109; C.F. No. 93-1718, § 91, 12-14-93) Sec.646.110. H. 2851 (Code 1956, § 66.110) 2852 Sec.646.111. I. 2853 Identlfication sign. A sign stating the name of a person, firm or name or descriprion of a use of the premises. 2854 Illuminated sign. A sign upon which artificial light is directed or which has an interior light source. 2855 (Code 1956, § 66111; Ord. No. 17536, § 3, 2-2-88) 2856 Sec.646112. S. 2857 � (Code 1956, § 66.112) Sec.646.113. K. (Code 1956, § 66.113) 2860 Sec.646.114. L. 2861 Lot frontage. The width of a lot measwed along the line separaring the lot from any street, as defined in Chapter 60. For 2862 a lot having frontage on more than one (1) street, the lot frontage far the purposes of this chapter may be determined by 2863 using the frontage having the least width plus one-half of the additionallineal feet of lot frontage. 2864 (Code 1956, § 66.114; C.F. No. 99-750, § 13, 9-I-99) 2865 Sec.64b.115. M. 2866 Marquee. A permanent, roofed siructure attached to and supported by the building and proj ecting over a public right-of- 2867 way. 2868 (Code 1956, §,66.115) 2869 Sec. 645116. N. 2870 Newsstand. Newsstands are regulated under chapter 128 and are not subject to the requirements of this chapter. 2871 Nonstructural trim. The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are 2872 attached to the sign structure. 2873 (Code 1956, § 66.116; C.F. No. 00-973, § 1, 11-15-00) 2874 Sec.646117. O. 2875 (Code 1956, § 66.119) � 2876 Sec.646.118. P. 2877 Park. Land owned and maintained by the city that is used primarily for recreational purposes.o 3 0 � 0 2 8 2878 Parkway. A street designated as apazkway by Chapter 145 of this Code and also Interstate Highway I-35E between West 2879 Seventh Street and Interstate Highway I-94. 2880 Polificttl sign. A temporary sign which displays information pertaining to an upcoming governmental district, city, 2881 commty, state or national elecrion. 2882 Portabledisplaysurface. Adisplaysurfacetemporarilyfu�edtoasignstructurewhichisregulazlymovedfromstructure 2883 to structure at periodic intervals. 2884 Portable sign. A sign wluch is attached to a chassis with wheels or sldds or to a metal or wood frame, which is not 2885 pern�anently mounted into the ground. 2886 Projecting sign. A sign other than a wall sign wluch projects from and is supported by a wall or a building or structure. 2887 (Code 1956, § 66.18; Ord. No. 17536, §§ 4, 5, 2-2-88; C.F. No. 93-1718, §§ 92, 93, 12-14-93) 2888 Sec.646.119: Q. 2889 (Code 1956, § 66.119) 2890 Sec. 645120. R 2891 Real estate development sign. A business sign placed on the premises of a subdivision or other real estate development. 2892 Real estate sign. A temporary sign placed upon a property advertising that particular properry for sale, rent or lease, and 2893 excluding a cloth, vinyl or banner sign, which are regulated under section 646.�402(m)(3). 2894 Required yard. The space between the public right-of-way and the legal setback line, as defined in Chapter 60. 2895 Right-of-way. The publicly owned land on which medians, roadways, shoulders, slopes, frontage roads, boulevazds, 2896 sidewalks or on and off ramps are located. 2897 Roofsign. A sign erected upon or above a roof or parapet of a building or structure. 2898 (Code 1956, § 66.120; Ord. No. 17536, § 6, 2-2-88; C.F. No. 93-1718, § 94, 12-14-93) 2899 Sec.645.121. S. 2900 Sign. The use of words, numerals, figures, devices, designs or trademarks the purpose of which is to show or advertise 2901 a person, firm, profession, business, product or message. 2902 Szgn structure. Any structure which supports or is capable of supporting any sign as defined in this chapter. A sign 2903 struchxre may be a single pole; it may not be an integral part of a building. 2904 State building code. The Minnesota State Building Code, as may be amended from time to rime, including all 2905 amendments thereto made from the date of enachnent of the state building code. 2906 Swinging sign. A sign that moves back and forth freely, or sways in the wind. 2907 (Code 1956, § 66.121) 2908 Sec.646122. T. 2909 2910 2911 2912 2913 2914 Temporary sign. A sign, flag, banner, pennant or valance constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, which is not permanently secured, intended to be displayed for up to three (3) nonconsecutive times per calendar yeaz, each for a limited period of rime only, not to exceed thirty (30) days, or once a year not to exceed ninety (90) days except that such signs may remain in place during the rime of the construction of a building, during the time a building is offered for sale, rent or lease, until the closing date of sale, or as otherwise regulated herein. A portable sign shall not be deemed to be a temporary sign. 2915 (Code 1956, § 66.122; C.F. No. 93-1718, § 95, 12-14-93) 2916 2917 2918 2919 2920 Sec.64G.123. U. (Code 1956, § 66.123) Sec.646.124. V. (Code 1956, § 66124) Sec. b46125. W. 2921 Wall sign. A sign attached to or erected against the wall of a building or structure, with the exposed face of sign in a 2922 place substantially parallel to the plane of said wall. 2923 (Code 1956, § 66.125) 2924 Sec.646.126. X. 2925 (Code 1956, § 66.126) 2926 Sec.645127. Y. 2927 (Code 1956, § 66.12'� 2928 Sec.646.128. Z. o � ' � � 2 v 2929 Zoning district. A district shown on the zoning map of Saint Paul which is incorporated into the zoning code. 2930 (Code 1956, § 66.128) 2931 2932 2933 ARTICLE II�. 646.�2Q0. ADIvIINISTRATION AND ENFORCEMENT 2934 . . . . 2935 . 2936 (��� 2937 Sec. 646.99201. Duties of zoning administrator. 2938 (a) The zoning administrator shall enforce the provisions of this chapter and any amendment thereto and shall have 2939 the power to certify zoning compliance and sign permits, and to make inspections of buildings ar pxemises 2940 necessary to carry out his duties in the enforcement of this chapter. 2941 2942 2943 2944 2945 2946 2947 2948 2949 2950 (b) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the zoning administrator or his authorized representafive has reasonable cause to believe that there exists any sign or any condifion which makes such sign unsafe or violative of this chapter, the zoning adminisirator or his authorized representative may enter the premises orbuilding on which such sign is located, at all reasonable times, to inspect the sign or to perform any function or duty required of the zoning administrator by this chapter; provided, that if such a building or premises on which the sign is located is occupied, he shall first present proper credenfials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the zoning administrator or his authorized representafive shall haue recourse to every remedy provided by law to secure entry. 2951 (c) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or 2952 neglect, after proper demand is made as herein provided, to promptly permit entry therein by the zoning 2953 administrator or his authorized representative for the purpose ofinspection of signs and those conditions rendering 2954 such signs unsafe pursuant to this chapter. Any person violating this paragraph shall be guilty of a misdemeanor. 2955 (d) The zoning administrator shall not issue any sign permits that do not conform to this chapter. No renewal of an 2956 expired permit shall be issued for a use or structure made nonconforming by amendments to this code. 2957 (e) The zoning administrator shall not grant any variances with respect to this chapter in carrying out his duties as 2958 zoning adzninistrator. Variances may be granted by the planning commission. The zoning administrator shall grant 2959 a pernut upon a finding of compliance with the condifions imposed by this chapter. 2960 ( fl 2961 2962 2963 2964 2965 2966 (g) 2967 2968 2969 Billboard inventory and enforcement. The zoning administrator shall maintain an inventory ofbillboards in the city. The zoning administrator shall from rime to rime perform inspections of all billboards in the city and maintain records, which may include photographs, of all billboazds. If the zoning adminish determines that the opinion of a structival engineer or other experts are needed, the zoning administrator may hire a consultant. A billboard owner must provide access for inspectors promptly; such access may involve getting to a rooftop through a lessor's building or providing a cherry picker. Billboard fees. The city shall collect annual billboard fees from their owners. Said fee shall be set by the city council by resolution upon recommendation from the wning administrator on what amount is adequate to cover the city's costs for staff and contracted services to maintain the billboard inventory and strictly enforce all city regularions for billboards. The fee may be adjusted from year to year to reflect changes in the city's costs. 2970 (Code 1956, § 66.402; C.F. No. 93-1718, § 111, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 2971 Sec.646.202�fl3. Licensing. 2972 (a) General. No person engaging in or seeking to engage in the business of erecring or installing r�paui�g,� lf7t�fning 2973 or constructing any sign or sign stcucture within the limits ofthe city of Saint Paul shall so operate without a license 2974 issued in accordance with the provisions of this section. 2975 (b) Procedure. The zoning administrator, upon a finding that the information on the application indicates that the 2976 applicant meets the muumumrequirements of applicable laws, and attests to a general laiowledge of the city's sign 2977 regulafions, shall issue a license to the applicant. An applicant who believes he or she is wrongfully denied a 2978 license by the zoning adminisirator may appeal to the city council for a fiuther determinarion of whether a license 2979 should be issued. 2980 (c) Place ofbusiness. No license shall be granted under the terms of this section to any person unless that person shall 2981 have and maintain a bona fide business address. The license certificate shall be kept at this address at all rimes, and 2982 the zoning administrator shall be norified of any change of business location e€-flxis to another address. 2983 (d) Bond requirements. 2984 2985 2986 2987 2988 2989 2990 2991 (1) No license issued under the ternns of this secrion shall become effecrive until the licensee shall have filed with the zoning adininistrator a surety bond in the sum o£ eight thousand dollazs ($8,000.00) in favor of the City of Saint Paul and condirioned that the city will be saved harmless from any loss, damage, costs or lawsuits by reason of improper or inadequate work performed by the holder of said license under the provisions of this chapter. Such bond shall be subject to approval as to form, execution and surety. Approved bonds shall remain in force for a period of time equivalent to the period of the license. (2) In lieu of the bond required in (1) above, the licensee may post a compliance bond with the state deparhnent of commerce, as set forth in Minn. Statutes 325E.58. 2992 (e) Fees. Any person fulfilling all qualifications and regulations stated herein and upon payment of a fee of one 2993 hundred twenty dollazs ($120.00) shall be issued a license under the provisions of this section. 299A ( fl Expiration anel renewal of licenses: 2995 (1) All licenses shall expire on the last day of the calendaz year of issuance unless sooner revoked or forfeited. 2996 If a license granted hereunder is not renewed previous to its expiration, then all rights a anted by such after 2997 the expiration of the license shall be a violation of this chapter. 2998 (2) Renewal. Licenses may be renewed after the expiration date. 2999 (g) Revocation or suspension of dicenses: The city council may suspend or revoke the license of any person licensed 3000 under this chapter through the adverse action process upon a finding of a violation of section 310.06, according 3001 to hearing procedures as defined in secfion 310.05. 3002 (Code 1956, § 66.403; C.F. No. 93-1718, § 112, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 3003 Sec.646.203�. Permits. 3004 3005 3006 3007 3008 3009 3010 3011 (a) Application. Applications for sign and/or sign structure permits shall be submitted to the zoning administrztor. Each applicafion shall contain the names and addresses of the owners of the display struchue and property; the address at which any signs aze to be erected; the lot, block and addition at which advertising signs are to be erected and the street on which they are to front; and a complete set of plans showing the necessary elevations, distances, size and details to fully and cleazly represent the construction and placing of the display structure. Structural plans are required for all freestanding signs greater than fifiy (50) square feet. Pernut applications for advertising signs along state mxnkhighways and interstate highways shall be accompanied by proofthat the applicant has obtained a pexmit from the State of Minnesota for the advertising sign. 3012 (b) Consent. Applications for signs and/or sign structures erected, maintained or used for the public display ofposters, 3013 painted signs or reading material shall be accompanied by an affidavit of a lease in force or deed indicating the 3014 consent of the owners of the property on which the display structure is to be erected. 3015 (c) Advertisingsignbond: 3016 ( l) The owner or persons in control of each and every advertising sign maintained within the limits of the Ciry 3017 of Saint Paul shall file a bond in the sum oftwo thousand dollazs ($2,000.00) for each and every advertising 3018 sign. The bond shall be conditioned to indemnify and save the City of Saint Paul harxnless from all damages, 3019 costs and expenses, actions and causes of action that the city may incur or be liable to incur by reason of 3020 construction, maintenance or removal of any advertising sign. 3021 (2) Tn lieu of the two thousand dollars ($2,000.00) bond required above, the owner may provide a bond covering 3022 all advertising owned or in control of any person, firm or corporation which sha116e in the amount of twenty- 03•lOZ8 3023 five thousand dollars ($25,000.00) and shall be filed with the city. This bond shall be conditioned as stated 3024 above. 3025 (3) All bonds shall be kept in force as long as the advertising signs are maintained. If any of the bonds becomes 3026 discharged by reason of nonpayment, liability, lapse of rime for any reason whatever, the same shall be renewed 3027 immediately. ff the bonds aze not renewed upon demand, the advertising signs for which said bonds were enacted 3028 may be summarily removed by the city. 3029 (Code 1956, § 66.404; C.F. No. 93-1718, § 113, 12-14-93; CF. No. 97-1089, § 11, 10-1-97) 3030 Sec.646.204495. Exemptions. 3031 The following signs shall notrequire a permit. These exemptions shall not be construed as relieving the owner of the sign 3032 from the responsibility of its erecfion and maintenance, and its compliance with the provisions of this chapter or any other 3033 law or ordinance regulating the same. 3034 (a�) The changing of the display surface on a painted or printed sign only. However, this exemption shall apply only 3035 to poster replacement and/or on-site changes involving sign painring elsewhere than directly on a building. 3036 (b�) Signs six (6) squaze feet or less in size. 3037 (c3) Lettering on motor vehicles when not urilized as a pazked or stationary outdoor display sign. 3038 (d#) Political signs. 3039 (Code 1956, § 66.405; Ord. No. 17524, § 36, 1-6-88) 3040 Sec. 646.205�96. Abandoned signs. 3041 Any business sign which advertises, identifies or pertains to an activity no longer in existence shall be removed by the 3042 owner of the property within thiriy (30) days from the time the activity ceases existence. This provision does not apply 3043 to seasonal activiries during the regulaz periods in which they are closed. 3044 (Code 1956, § 66.406) 3045 5ec. 646.206�. InspecHon and removal. 3046 (a) All signs requiring a permit shall be inspected by the zoning administrator. The sign installer shall notify the zoning 3047 adxninistrator at least forty-eight (48) hours prior to the installation of the sign. 3048 (b) Fooring inspections may be required by the zoning administratar for all signs having footings. 3049 (c) All sigis containing electrical wiring shall be subject to the provisions of the electrical code, and the electrical 3050 components used shall bear the label of an approved testing agency. 3051 (d) The zoning administrator may order the removal of any sign that is not maintained in accordance with provisions 3052 of this chapter, provided he has sent a letter specifying the grounds for removal to the permittee giving the latter 3053 ten (10) days in which to appear before the zoning administrator to show cause why the sign could not be removed. 3054 (e) All sigis may be reinspected at the discretion of the zoning administrator. 3055 (Code 1956, § 66.407; C.F. No. 93-ll18, § 114, 12-14-93) 3056 . . . . � . . .• : � . . : • 1 : .. :'. � � •. :• . . .•� . . . 1.1 . : . � , : : . . : .. . . . . :. 1. :.. .. : . � •. •.. .: : 1. . 3063 , . , . . . - , , - - (Provision for appeals is covered under §61.701.] 3064 3065 3066 3067 3068 3069 3070 3071 Sec.646.207#99. Variances. Applications for variances from the strict enfarcement of the provisions appiic�ian.s of this chapter sHall be Piled and reviewed according to the provisions in Chapter 61, Administration and Enforcement: Pn'additionxo ffie reqdirements for dariances an section 61.601; the applieanf shall demonstrate that such vaziance is needed due to far unusual condirions pertaining to sign needs for a specific building or lot, , and thaf tflesign would not create a hazard, � wouldnot be obj ecfionable to adj acent property owners, would not adversely affectresidential properry through excessive 3072 glare and lighring, and would be in keeping with the general cl�aracter o �e su on �ng ea. 3073 3074 . ` 3075 (Code 1956, § 66.409) 3076 . . . . 1 ..- . . . ��.. .� ..: . . . • ..� . 1 ' .• .:�. :'.- . . . :. �• • 1:1 ... .. . . :•.. 1: � ��.'. ..• . . �. ..'..•,. . -. .. 1: .• . �� .� •. :. . 1: - 1:� �� •� 1: . :. . : . . . 1'. . • . . .• . . . 1: :• . . .. 1: 3089 (+?0��:-4956,-�66_4�tj [ThisisanunnecessaryLestatementof§6Q113,Vestedright.] 3090 . . . . 1' . • • . .. . .� : . . :. . .. � : . 1' . . . . . '.• :. 1' . : � . • . . 1' � . .. • . . . ,.• : � . 3095 N�a�:-i�}5�-§66c�i3j [Tlus is an unnecessary restatement of §61.901, Violations.] 3096 . . . . 3097 , 3098 , 3099 , . 3100 {�2ade-�956-§-6G�}3) [This is an unnecessary restatement of §61.902, Public nuisance.] 3101 . . . . 3102 . 3103 h°ede-t95Cr,�-66-4}$j [This is an unnecessary restatement of §61.904, Each day a separate offence.] 3104 . . . . 3105 . 3106 , . [This is an unnecessary restatement of §61.905, Rights and remedies aze cumulative.] 3107 3108 3109 ARTICLE III. 64G.300. NONCONFORMING SIGNS 3110 Sec. 645301. Nonconforming signs inteat. 3ll 1 It is recognized that signs exist within the zoning districts which were lawful before this chapter was enacted, which 3ll2 would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this 3ll 3 chapter that nonconfomung signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding 3114 other signs or uses prohibited elsewhere in the same district. It is further the intent of this chapter to perxnit legal 3115 nonconfornung signs existing on the effecrive date of this chapter, or amendments thereto, to continue as legal 3ll 6 nonconfornring signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned 3117 or removed subject to the following provisions: 3118 (a�) No sign shall be enlarged or altered in a way which increases its nonconformity except for temporary extensions 3119 on billboazds as peimitted in paragraph (g'�) of this section. 3120 (b�) Should such sign or sign structure be destroyed by any means to an extent greater than fifty- �e (5 T�j �i its 3121 replacement cost, it shall not be reconstructed except in confornuty with the provisions of this chapter. 3122 (c3) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform 3123 to the regularions for the zoning district in which it is located after it is moved. 3124 (d#) No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall 3125 be enlarged, extended or moved except in cY�anging the sign to a sign pernutted in the zoning dishict in which is 3126 it located. 3127 (e5) When a structure loses its nonconforming status, as set forth in the zoning code, section 62.1Ob�(g�(�j all signs 3128 devoted to the shucture shall be removed and all signs painted direcUy on the structure shall be repainted in a 3129 neutral color or a color which will hazmonize with the structure. 3130 (ffr) Signs may be repainted, reposted or replaced when there is a change of any nonconforming use as set forth in the 3131 zoning code, section 62105�(ce){3j. 3132 3133 3134 3135 3136 3137 3138 3139 (g�) Any rectangulaz billboard may contain extensions, cutouts or top lettering which occupy a total area not in excess of fifteen (15) percent of the azea of the basic advertising sign and form an integral part of the design thereof; and provided further, that no such extension, cutout or top lettering may project more than six (6) feet from the top, eighteen (18) inches from either side or fifteen (15) inches from the bottom of the basic rectanguJar advertising message. The azea of an extension, cutout or top lettering shall be deemed to be the area of the smallest rectangle into which such extension, cutout or top lettering will fit. Temporary extensions shall be completely removed not later than ninety (90) days after installation and the total combined period of temporary extensions for a sign face shall not exceed one hundred eighty (180) days per year. 3140 (Code 1956, § 66.301; C.F. No. 00-973, § 1, 11-15-00) 3141 Sec. 646.302. Nonconforming signs; eaceptions. 3142 Any advertising sign existing as of the date of this section [February 2, 1988] which is located in a zoning district which 3143 does not permit advertising signs or which does not conform to the size, height andlor spacing requirements of this 3144 chapter may be replaced, relocated or renovated in the manner provided in this secrion; provided, however, that such 3145 acrivityshallbringthesignintogreatercompliancewiththeprovisionsofthischapterandsatisfythefollowingstandards: 3146 (a) Advertising signs to be replaced, relocated or renovated on the same zoning lot: 3147 (1) The zoning lot must be within a zoning district in which advertising signs are a permitted use, as specified 3148 in secfion 66214(a) or (i), or as permitted in a special sign district approved by the city council. 3149 (Code 17536, § 30, 2-2-88; C.F. No. 93-1718, § 110, 12-14-93) 3150 3151 3152 ARTICLE �IU. 64G.�400. GENERAL PROVISIONS 3153 Sec. 645.4401. All sign -- ', . 3154 No person shall place, erect or maintain a sign, nor shall a lessee or owner permit property under his control to be used 3155 for such a sign, which does not conform to the following requirements and without first obtaining the requisite pernut 3156 for such sign. The following provisions shall apply in all zoning districts, and to all exferior signs visible to the general 3157 public from a public right-of-way, 3158 sqstem. 3159 (a�) No sign or sign structure shall be erected or maintained at any location where, by reason of its posirion, size, shape, 3160 content, color or illumination, it may obstnzct, impair, obscure, interfere with the view of, or be confused with any 3161 traffio-conh sigi, signal or device, or where it may interfere with, mislead or confuse traffic. 3162 (b�) No sign or si� structure shall be erected or maintained in such a manner that any portion of its surface or supports 3163 will interfere in any way with the free use of any fire escape, exit or standpipe. 3164 (c3) 3165 3166 3167 3168 3169 3170 All signs which are unsafe and/or unsightly shall be repaired or removed. Unsafe signs must be repaired or removed within twenty-four (24) hours after nofification. Unsightly signs must be repaired or removed within fifteen (15) days of notification. The term "unsightly" shall mean a condition in which the sign has deteriorated to the point where at least one-fourth of the surface azea of the name, idenrification, description, display, illustration or other symbol is no longer clearly recognizable at a distance of twenty (20) feet; or where paint is peeling, chipping or flaking from the structure surface; or where the sign has developed significant rust, corrosion, rotting or other deterioration in the physical appearance, or is so faded that it is not clearly recognizable at a distance of twenty (20) 3171 feet; or where an illuminated elech sign is no longer in proper working order. Removar iffthe c�c�Af�pafx�ted 3172 wall signs, shall mean a complete repainting of the background on which the sign was painted, or a sandblasting 3173 of the surface to reveal an exterior finish comparible with surrounding surfaces, so that no part of the sign is any 3174 longerrecognizable. 3175 (d�) No sign shall be painted directly on or affixed to any tree, rock or urility pole. 3176 (e5) Lots on which signs aze located shall be kept neat, orderly and free of debris. 3177 (ffr) All signs with the display surfaces back-to-back and parallel shall have no more than an eight-foot distance between 3178 each surface. All signs with the display surfaces at an angle to one another shall have the angle no greater than 3179 thirty-five (35) degrees. Display surfaces shall face in opposite directions and shall be owned by the same 3180 permittee. 3181 (g�) All signs which have their backs visible to public view shall have such backs painted in a neutral color compatible 3182 with the background against which they are set. 3183 (h$) No swinging sign shall be erected; freestanding, or shall be hung or attached to any building or structure. 3184 (i9) No signs shall be located in, pzoject into or overhang a public right-of-way, except those projecting business signs 3185 pemutted in business and industrial districts that do not violate Minnesota Statutes, Secrion 160.27, and signs 3186 established by the City of Saint Paul, County of Ramsey, state or federal governments. 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 (ji�) For parking lot areas, one idenrification sign not to exceed a total of fifteen (15) square feet in area is pemutted per parking lot entrance. An identification sign up to twenty-five (25) square feet in azea, however, may be pernutted if such sign incorporates the following uniform parking symbol: fifty (50) percent of the total sign area of the parking identification sign must beaz thereon a blue rectangle with a white letter "P" in Gothic type face with the letter "P" being not less than fifty (50) percent of the azea of the blue rectangle. The remaining portion of the sign incorporating such a parking symbol may be used for other pertinent information. In addition to the one identification sign per parking lot entrance, however, one directional sign not to exceed a total of four (4) squaze feet is pernutted per entrance or exit. Such directional signs may be up to ten (10) square feet in area if they also incorporate the above-prescribedpazking symbol. These pazldng idenrification and directional signs are in addition to other signs permitted in each zoning dis�ict. No sigi shall project higher than fifteen (15) feet above grade. 3197 (k) }tj Illuminated signs are pernutted, except that flashing signs are prohibited. 3198 (li-�) Signs of the City of Saint Paul, County of Ramsey, state, and federal governxnents and subdivisions and agencies 3199 thereof which give orientation, direcrion or traffiacontrol information shall be permitted in all zoning districts. 3200 (m) i3j-$etlrsides Only one: side of a double-faced sign or V-shaped sign shall be used to compute the gross surface 3201 display azea, display surface area or sign area of a sign. 3202 (n) i-�j Canopy signs that are parallel to the street shall be regulated as wall signs. Canopy signs that are perpendacular 3203 to the street shall be regulated as projecting signs. 3204 (o) If a building will contain multiple uses; a aomprafiensYVa. sign pragram: and .a nniform sign thame skall ba 3205 established. Signsshall:bedesigriedwifh:cammon'orcom'p'atilile=s3zes,shapasandmaYerials. 3206 (p) Signs attaohed to buiid"rngs sliall be positioned so tfiat they'are an integral: design `feature of the building, and:fo 3207 compkement and enhatice the'bnilding'� aicliiteetural° feat�res: Signs shall°jtot obscure. or d8sfr�y arcfiiteatdr�l 3208 detaIls such as stone arclies� :glass lsaasom pauels, or decoratiae-briakwork. 3209 (Code 1956, § 66201; Ord. No. 17536, §§ 7--10, 2-2-88; C.F. No. 93-1718, § 96, 12-14-93; C.F. No. 00-973, § 1, 11-15-00) 3210 Sec. 64G.�402. Structural design and construction. 3211 (a) Building code. Signs in all zoning districts shall conform to the structural design standards of the state building 3212 code. 3213 (b) Supports. The supports for all signs except signs established by the City of Saint Paul, County of Ramsey, state 3214 or federal govemments, and subdivisions and agencies thereof, shall be placed in or upon private property and shall 3215 be securely built, constructed and erected in conforanuice with the requirements of this chapter. 3216 (c) Restrzctions on combustiblematerials. All signs and sign shuctures, except freestanding signs, shall have structural 3217 members of noncombusrible materials. 3218 Combinarion signs, roof signs, wall signs, projecfing signs, canopy signs and signs on marquees shall be 3219 conshucted of noncombusrible materials, except as provided in this subdivision. No combusfible materials other 3220 than approved plastics shall be used in the construction of electric signs. 3221 3222 3223 3224 f ' • �!� ° 1�1�8 (1) Nonstructural Trim: Nonstructural h and portable display surfaces may be of wood, meta , approved plastics or any combination thereof. (2) Display Surfaces: Display surfaces in all types of signs may be made of wood, metal, plastics or approved materials. 3225 Any section of approved plastics on wall signs st�all not exceed a total of hvo hundred fifty (250) square feet in 3226 area. 3227 Sec. 64.403. Clearance and obstruction. . 3228 3229 3230 3231 3232 3233 3234 (a�) Clearance from High Voltage Power Lines: No sign or part of a sign support shucture may interfere with any electric light, power, telephone or telegraph wires or the supports thereof. All signs must be sufficiently clear of high voltage power lines so that signs can be safely erected and maintained. Signs shall be located not less than six (6) feet horizontally or twelve (12) feet vertically from overhead elechical conductors which aze energized in excess of seven hundred fifty (750) volts. The term "overhead conductors," as used in this secrion, means any elech conductor, either baze or insulated, installed above the ground, except such conductors as are enclosed in irott pipe or other material covering of equal strength. 3235 (b�) Obstruction of Openings: No sign shall obstruct any openings to such an extent that light or ventilation is reduced 3236 to a point below that required by the state building code. 3237 Signs erected within five (5) feet of an opening in an exterior wall in which there are openings within the wall shall 3238 be constructed of noncombusrible material or approved plastics. 3239 Sec. 64.404. Electric signs. f�—�feetricsiSrrr. 3240 (a4) Code Requirements: All electric signs shall meet the requirements set forth in the Narional Electric Code and the 3241 state building code. 3242 (b�) Face Retainers, etc.: All face retainers shall be of thiclmess design and construction as to properly support the 3243 plastic panels of the sign faces. Frames and retainers shall structurally be continuous around the entire panel or 3244 group of panels of the sign face, supporting such plastic panels independently. Panels larger than thirry-two (32) 3245 squaze feet must be either hinged or provided with another suitable access method. 3246 (c3) Accessibility: 3247 (1)� If doors for access are not locked they shall be fastened by means of screws, bolts, or similar means. 3248 3249 3250 3251 3252 3253 3254 3255 3256 325� 3258 (d&) 3259 3260 3261 3262 3263 3264 (e5) 3265 3266 3267 3268 3269 (2)lr. Ballasts, transformers, lamp, neon tubing, sockets and splices in wireways shall be made accessible in a manner approved by the state building code, through hinged faces or panels designed to slide or rainright doors, without the dismantling of the sign. (3)� Whenever hinged faces aze used, an approved mechanical method shall be provided to hold such face in an open locked position while servicing. All framing and molding for such faces shall be of adequate strength and durability to safely support such face when in either the open or closed position. Accessibility to the interior of the sign shall be made possible without requiring the removal of any of the sign supports after erection. (4)ek All framing and hinging shall be shucturally designed and constructed to adequately support each panel or face when such face is used for access. Hinges shall be of nonferrous metal or rust-resistant type. Ventilation: Plastic electric signs sl�all be vented with either screened or insect-proof louvered vents to prevent the entrance of insects and moisture. The vents shall be placed at the top and bottom of the vertical portions of the exterior sign, and amanged to provide adequate circularion of air over the ballasts. (Exception: Single-faced signs may have the vents located on the back of the sign where the structural design is such that venfing on the end is difficult. In such cases, however, these vents shall be located to provide adequate circularion of air over the ballasts and signs vented on the back shall be held a minimum of one-half inch from the surface on which they are erected.) Conductors: Electrical conductars, such as nonmetallic sheathed cable, BX, rubber cords and armoured cable, shall not be used for signs permanently wired. Conductors with a heat- and moisture-resistant quality of not less than ninety (90) degrees Centigrade, such as AWM type, shall be pernutted for secondary connections to ballasts. All primary conductars, except those that aze part of the ballast, connecting to and becoming part of a branch circuit shall be of the general purpose type and shall have a minimum moisture- and heat-resistant quality of seventy-five (75) degrees Centigrade, such as a RIIW, TIIWN. 3270 (f6) Wireway: Wireways shall be kept at least one-t�alf inch from the bottom of a sign, except where the sign spreader 3271 is incorporated as a part of the wireway, in which case a method approved by the state building code shall be 3272 3273 3274 3275 3276 3277 3278 ��•1n28 provided to keep all conductors, ballasts and transformers at least one-half inch from the bottom of the wu�eway. All conductors shall be protected from sharp edges of sheet metal enclosures. Wire gutters shall be assembled and jointed together in an approved mamier. Where one gutter is joined to another creating one continuous wireway,`' the adjoining ends shall be rounded and connected together in an approved manner. Approved bushings shall be used where conductors pass through a sheet metal divider. Covers of the wireway shall be "broken" over the upper sides or tops of the wire gutters so as to prevent the entrance of moisture. All screws for such covers shall be accessible from the open face or access doors of the sign. 3279 (g7) Ballast: 3280 (1 �- Ballasts or transformers shall be of the outdoor type and shall be mounted in such a manner as to be held 3281 rigid and at least one-half inch or more from the bottom of the sign or wireway. No ballasts shall be enclosed 3282 more than one half its height into a wireway. Adequate metal supports for ballasts shall be provided to ensure 3283 proper heat dissiparion. 3284 (2}lr. Ballasts, transformers, sockets, lamp-holders and any other elec�ical equipment where there is a possibility 3285 of an excessive rise above their rated temperature shall be kept a minimum of two (2) inches from all plastics. 3286 (3� Fluorescent lamps placed in a vertical posirion shall be provided with a moisture deflecrion washer at the 3287 lower lamp socket. 3288 (h$) Face limitation: 3289 (1� 3290 3291 3292 3293 (2)lr. 3294 3295 3296 Single-faced flat wall signs. Unless the plastic faces aze hinged, access to the interior of the sign shall be provided for in a maimer without dismantling any maj or portion of the sign as stated above. Where the plastic panel removal is required for access, no panel to be removed shall be more than thirty-two (32) squaze feet in area. Moulding shall be of such lengths as to provide for the removal of each panel independently. Double-faced and extended signs. Where the access to the interior of the sign is required through the face, such face shall be hinged or designed to slide as stated above, for panels that exceed thirty-two (32) squaze feet in area. All moulding and retainers for sign faces shall be conshvcted so as to be structurally able to properly support each plastic panel as provided above. 3297 Secs: 64.405 - b4:410. Reserved: 3298 Sec..64:411: Freestandingsigns: . 3299 (ai-) Revolving freestanding signs are permitted but may not be illuminated with the flashing lights or exceed six (6) 3300 revolutions per minute. 3301 (b�) When specifically pernutted in a zoning district, a freestanding sign may extend into a public right-of-way up to 3302 four (4) feet, but in no case may come closer than two (2) feet from the curbline and ten (10) feet above the ground 3303 level, and provided such sign does not violate Minnesota Statutes, Section 160.27. 3304 Sec. 64.412: Projecting signs: �;Fj-�3ajecY�g�ig�rsr 3305 (a�) Projecting signs shall be supported in a stationary position by a cantilevered structure without the use of any guy 3306 wires, cables, angle irons or turnbuckles. 3307 (b�) When specifically pernutted in a zoning district, signs proj ecring over a public right-of-way may project up to four 3308 (4) feet from the property line, but in no case may come closer than two (2) feet from the curbline and ten (10) feet 3309 above ground level, and provided such signs do not violate Minnesota Statutes, Section 160.27. 3310 Sec.64.413. Reserved. (gj-�es�rrot.� 3311 Sec. Roofsigns. �ix�-Ra�fsig�zsr 3312 (a�) The supporting members of a roof sign shall appear to be free of any exh bracing as angle irons, guy wires or 3313 cables, so as to be an architectural and integral part of the building. Supporting coluxnns ofround square or shaped 3314 steel members may be erected if required bracing visible to the public is minimized or covered. 3315 (b�) Roof signs shall be thoroughly secured and anchored to the frame of the building over which they aze constructed 3316 and erected. Before any permit is granted for the erecfion of a roof sign greater in area than fifty (50) square feet, 3317 the plans and details of the supporting structure of the new framework, in addition to the structural details and 3318 calculations of the existing supporting building roof system, shall be filed for review by the zoning administrator. 3319 These plans and details shall be certified by a registered professional engineer. 3320 (c3) Clearance and access. Passage cleaz of all obstructions shall be left under or around, and immediately adjacent to, 3321 all signs exceeding a height of four (4) feet above the roo£ Such passages shall be not less than three (3) feet wide 3322 and four (4) feet high. 3323 Sec. 64.415. Wall signs. ftj—�'u�fsig�xr. ��' 1 0� p O 3324 Wall signs that are business signs may project into a public right-of-way or beyond a legal setback line up to ergkteexx 3325 (�&j twelve (12) inches, provided such signs do not violate Minnesota Statutes, Secfion 160.27. 3326 Sec.64.416. Reserved. 3327 Sec. 64.417. Combination signs. . 3328 In the case of combination signs wtnch are cornposed of any combination of roof, projecting or freestanding signs, the 3329 individual requirements as set out in this secrion forroof, proj ecting or freestanding signs shall apply. Ifthere are conflicts 3330 between provisions, the more shingent shall apply. 3331 Sec.64.418. Marquees. (#j-�bfarqttser. 3332 Signs may be placed on, attached to or constructed in a marquee. Such signs shall, for the purpose of detemuning 3333 projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee as 3334 specified in Chapter 45 of the state building code. No such sign shall project above or beyond the physical dimensions 3335 of the marquee, except that one sign less than four (4) square feet in size may be attached underneath for each entrance 3336 located under the marquee, provided the sign does not project lower than eight (8) feet above the sidewalk. 3337 Sec. 64.419. Temporary signs. . 3338 (a4) Dimensions: No temporary sign shall exceed a total of one hundred (100) feet in area or six (6) feet in height except 3339 as otherwise provided herein. 3340 (b�) Clearance: Temporary signs, other than cloth, eight (8) feet or more above the ground, may project not more than 3341 six (6) inches over public properiy. 3342 (c3) Cloth Signs and Banners: 3343 (1)x It is unlawful for any person, firm or corporation to suspend ar project any cloth or banner sigi of any type 3344 whatever over a street, alley or other public property for the purpose of business advertisement. 3345 (2){r. Temporarypermissionshallbeallowedforaclothorbannersignthree(3)nonconsecufiverimespercalendar 3346 year for a period of not more than ninety (90) days per time. 3347 3348 3349 3350 3351 3352 3353 3354 3355 3356 3357 3358 3359 3360 3361 3362 3363 3364 (3)� No cloth or banner sign shall exceed a total of one hundred twenty (120) square feet in area, and there shall be no more than one such sign for any twenty (20) feet of frontage of any building fronfing on public properiy. (4)� Support. Temporary cloth and banner signs shall be supported and attached with wire rope or equivalent with a minimum diameter of three-eighths inch. No sh fiber ropes or wood slats shall be permitted for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten (10) percent of the area to reduce wind resistance. Signs that span a public roadway cannot be attached to city light poles or traffic signal poles. Written pemussion to attach a banner to a building must be obtained from the building owner. The city forester must approve a banner before it may be attached to any tree on public properiy. Exception: Temporary signs over private property not exceeding sixty (60) squaze feet shall be supported and attached with wire rope and shall meet the requirements of pazagraph (2b) through (4�) and (6f j of this section. (5�: Projection.Clothsignsandbannersmayextendoverpublicproperiyandshallmaintainaminimumclearance of twenty (20) feet, provided pernussion has been granted by the zoning administrator. (6)� No permit or pernut fee shall required for such cloth signs or banners, but all safety requirements of this code shall be in force; provided, furflier, that approval as to the sign's locarion, size, design and hanging must be obtained from the zoning administratar. 3365 (d#) Portable Signs: No portable sign shall be placed or installed without a permit. No person engaging in or seeldng 3366 to engage in the business ofplacing or installing portable signs shall operate without a license issued in accordance 3367 with secrion 646.202d93. 3368 (Code 1956, § 66.202; Ord. No. 17204, 1-15-85; Ord. No. 17536, §§ 11--13, 2-2-88; C.F. No. 93-1718, §§ 97--101, 12-14-93) 3369 Sec. 64G.3}420. Advertising signs. 3370 (a) Advertising signs prohibited. No advertising signs are perxnitted in any zoning district in the city. The purposes of 3371 this prohibition are to enhance views of the natural and built environments of the city, to improve aesthetically the 3372 fusion of residential and commercial areas, to promote community pride on the part of property owners, to 3373 encourage beautification and inveshnent in the city, to protect property values, and to reduce�cluttered an cha�fic 3374 signage, which draws attention away from the idenrificarion signs of businesses and institurions located in the city. 3375 (b) Professzonal sports faciliry. At a professiona] sports facility with permanent seating for more than ten thousand 3376 (10,000) spectators and located in a B4-BS Business or IR-I2Industrial zone, one (1) or two (2) advertising signs 3377 are permitted as an accessory use subject to the following staudards: 3378 (1) Advertising signs shall face and be designed to be read by tr�c on arterial streets as designated in the 3379 comprehensive plan. A facility fronting on one (1) arterial street is permitted to have one (1) advertising 3380 sign; a facility fronting on two (2) or more arterial streets is permitted to have two (2) advertising signs. 3381 (2) No advertising sign shall be located within three hundred (300) feet of a residential zoning district, house 3382 of worship, or school offering general education courses at the elementary, junior high or high school level. 3383 3384 3385 (3) No advertising sign shall exceed seven hundred (700) square feet in size. (4) Advertising signs shall be attached to exterior walls of the sports facility structure and shall not project above the wall. 3386 (5) Ifthezoningadministratordeterminesthatthesignlightingaffectsneiu�boringproperties,advertisingsigns 3387 shall not be illuminated ovemight, either from midnight ar from one (1) hour after the end of any professional 3388 sports game, whichever is later, unti16:00 a.m. 3389 (6) Forelectronicmessageboards;themodesofdisplayofinessagesshallconformtotherequirementsafsection 3390 64.504((a)(5)(c). Flashing.modes are not permitted. 3391 (Code 1956, § 66.214; Ord. No. 17536, § 28, 2-2-88; C.F. No. 93-1718, § 108, 12-14-93; C.F. No. 97-1089, § 10, 10-1-97; C.F. No. 3392 00-686, § 2, 8-23-00; C.F. No. 00-973, § 1, 11-15-00) 3393 . . . . 3394 . , , . , 3395 . . , . , . 3396 3397 3398 ARTICLE:U_ 64:590� SPECIEIC:REGULATIONSBi'ZOI�IINCrLiIST'RICTS 3399 Sec. 646.�5013. Regulations by zoning districts. 3400 The class, size and location of signs shall be only as persnitted and regulated in the zoning districts authorized or 3401 permitted in this chapter. 3402 (Code 1956, § 66203) 3403 Sec. 646.�.`5024. R�L through RM=3 Residenfial Districts. 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 (a) Identification signs: (1) For one- and two-family siructures and bed and breakfast residences, one identification sign not exceeding a total of two (2) square feet in area. (2) For multiple-family structures on parcels twenty-five thousand (25,000) square feet or smaller, one (1) identification sign for each street frontage is allowed. No sign shall exceed six (6) square feet in size. For multiple-fanuly shuctures on pazcels lazger than twenty-five thousand (25,000) square feet, one (1) or two (2) identificarion sign(s) on each street frontage is/are allowed. The total amount of signage on each frontage shall not exceed riventy-four (24) square feet in size. (3) For shuctures other than residenrial uses, one identification sign for each street frontage not exceeding a total of thirty (30) square feet in area. (4) For pazks, community centers, and religious, civic or philanthropic institutions, one idenrification sign, not exceeding a total of thirty (30) square feet in azea for each street frontage, and one bulletin board not exceeding a total of thirty (30) square feat in area. Such 6tilletin boud signs may have electronically changeable text,:bubsh'a11 not�£aclein arid`out, seroll; or flash. (5) No sign shall project higher than thirty (30) feet above grade. (6) If located within a required yard, a freestanding sign may not exceed four (4) feet in height plus two (2) inches for each foot set back from the property line. �' 3421 (b) Temporary signs: 3422 3423 3424 3425 3426 3427 3428 3429 3430 (1) For new subdivisions or new multiple-family developments, one real estate devel p� t sig�ii not e c'�eding a total of fifty (50) square feet in azea within the subdivision or on the mulfiple-faxnily lot, per three hundred (300) feet or less of lot frontage. No such sign shall be located in any required yard. (2) For all uses, one real estate sign not exceeding a total of s'uc (6) square feex in area. (3) For all uses, one sign not exceeding a totai of fifty (50) square feet in azea 'rdentifying an engineer, azchitee� or contractor engaged in, or product used in, the construcrion of a building. (4) For pazks, community centers, and religious, educational, civic or philanthropic institutions, portable signs and temporary signs are pernutted for special events under the following conditions: a. Portable signs: 3431 L On zoning lots with a street frontage of three hundred fliirty (330) feet or less, the gross surface 3432 display azea ofthe signs shall not exceed one hundred (100) squaze feet. On zoning lots with a 3433 street frontage of over three hundred thirty (330) feet, the gross surface display area of the signs 3434 shall not exceed three hundred (300) squaze feet; 3435 2. The signs shall be pernutted two (2) nonconsecufive rimes per calendar year for a period of not 3436 more than fourteen (14) days per time; 3437 3. The signs shall not be flashing signs or located in a required yard, required off-street parking 3438 space or maneuvering azea, or public right-of-way. 3439 b. Temporary signs. 3440 The goss surface display area of the signs shall not exceed one hundred (100) square feet; 3441 2. The signs shall be pemritted three (3) nonconsecutive rimes per calendaz year for periods ofnot 3442 more than mrre�y{96j thirry. (36) days per time; 3443 3. The signs shall not be flashing signs or located in a required off-street parldng space or 3444 maneuvering area, or public right-of-way. 3445 (5) No sign shall project higher than thirty (30) feet above grade. 3446 (Code 1956, § 66.204; Ord. No. 17393, § 6, 9-4-86; Ord. No. 17536, §§ 14, 15, 2-2-88; Ord. No. 17889, § 21, 11-21-91; C.F. No. 3447 93-1718, § 102, 12-14-93; C.F. No. 99-75Q § 14, 9-1-99) 3448 Sec. 646.�5035. TNl-TN3`T'raditional Nefghborhaod and OS�xa�-B=1 Business Districts. 3449 (a) Business signs: 3450 (1) The suxn of the gross surface display area in square feet of all business signs on a lot shall not exceed one 3451 times the lineal feet of lot frontage, or seventy-five (75) squaze feet, whichever is greater. 3452 (2) No business sign shall be located in a required yard except for one freestanding sign. Freestanding signs may 3453 project into the public right-of-way up to eighteen (18) inches. 3454 (3) No sign shall project higher than thirty-seven and one-half (37 %) feet above grade, except wall sigis and 3455 freestanding signs on zoning lots abutting principal and intermediate arterials. Wall signs may project to the 3456 height allowed by the height restriction in the zoning code. On zoning lots which abut a principal or 3457 intexxnediate arterial, one freestanding sign may project to thirty-seven and one-half (37 '/z) feet above the 3458 surface of the arterial. 3459 3460 3461 3462 3463 3464 3465 (b) (4) Sign materials sliall be' compatible'witH the original constniction matesials and archi4ectural styie. of;tfie:: buIlding facarle osor near tvh'idh they are placed: Nafutal xirateria[s such as wood and:metal are generaliy more approprdate than glastic: (5) I1lurnination ofsigns shallconforiiito the provisions of section 63:116, Eaterior lighting, and sHa11'not exceed one (1) footoandlefour.(4)feeYfrom fhesign. Signs shanld have light 18fters on a dark 6ackground; xnttireat and subdued ligliting`is-preferred; and except for neon,:inteinally lif eieatric signs are-discouraged. Temporary signs: 3466 (1) Fornew developments, onereal estate development sign not exceeding a total of fifry (50) square feet in area 3467 on the lot of the new development, per three hundred (300) feet or less of lot frontage of the development. 3468 Such sign shall not be located within any required yard. 3469 (2) For all uses, one real estate sign not exceeding a total of six (6) squaze feet in area. 3470 (3) For all uses, one sigi not exceeding a total of four (4) squaze feet in area idenhoi g an ngo e 3471 or contractor engaged in, or product used in, the construction of a buildin�. e 3472 (4) Temporary signs shall be pernutted as follows: 3473 3474 3475 3476 3477 3478 3479 (c) a. b. c. (5) Temporary signs, conceming a commodity, service or entertainment conducted, offered, sold or manufactured on the premises, placed inside of the window of a building are permitted. Portable Signs. Portable signs aze permitted under the following conditions: Banners, peanants and stringers. Freestancling and wall signs, the total area not to exceed thirry-two (32) square feet. Such signs shall be pemutted three (3) nonconsecurive times per calendar yeaz for a period ofnot more than mnety-f96j thirry (30) days per time. 3480 (1) On zoning lots with a street frontage of three hundred fliirty (330) feet or less, the gross surface display area 3481 of the signs shall not exceed thirty-six (36) square feet. On zoning lots with a street frontage of over three 3482 hundred thirry (330) feet, the gross surface display area of the signs shall not exceed three hundred (300) 3483 square feet; 3484 (2) The signs shall be permitted on a zoning lot four (4) nonconsecutive times per calendar yeaz and for a period 3485 of not more than fourteen (14) days per fime; 3486 (3) 'I`he signs shall not be flashing signs or located in a required yard, required off-street parking space or 3487 maneuvering area, or public right-of-way. 348$ (Code 1956, § 66.205; Ord. No. 17204, 1-15-85; Ord. No. 17536, §§ 16-18, 2-2-88; C.F. No. 93-1718, § 103, 12-14-93) 3489 Sec. 646.�5046. 6S 2; B�C�z"-ana-B=3 Business and IR Tndustrial Districts. 3490 (a) Business signs: 3491 (1) The sum of the gross surface display area in square feet of all business signs on a lot shall not exceed two 3492 (2) times the lineal feet of lot frontage or seventy-five (75) squaze feet, whichever is greater. 3493 (2) Only one (1) freestanding sign per lot is permitted in a required yard. A freestanding sign projecting into a 3494 public right-of-way beyond eighteen (18) inches may not exceed fifteen (15) square feet in display area. 3495 (3) One (1) projecting sign per entrance on a street frontage is permitted. Any sign which projects into a public 3496 right-of-way beyond eighteen (18) inches shall not exceed twenty-five (25) square feet in display area. R�' c��: 3499 3500 3501 3502 3503 3504 3505 3506 3507 3508 3509 (4) The height of signs shall be subject to the conditions specified in - - , secrion 646.�9503(a)(3). (5) Electronic message signs shall be prohibited from the 95 2; BC-B2 mnd-B� dish provided, that electronic message signs giving public information, such as rime, temperature, stock averages and the like, are permitted in 6�'s-�-arid fhe B=2 districts. Electronic message signs are permitted in the districts under the following condirions: � � c. The signs shall be six hundred sixty (660) feet from other electronic message signs on the same side of the same street; The signs shall be at least seventy-five (75) feet, as measured along the road, of a residential district, and shall be at least fifty (50) feet from a residential district, measured radially; and The following modes of displaying the message shall be permitted: 1. The fade-in/fade-out mode where the message appears on the sign, dissolves and another message takes its place; 3510 2. The travel mode where the message moves across the sign from left to right or right to left; and 3511 3. The travel mode where the message moves from top to bottom or bottom to top. 3512 Other modes of displaying messages are prohibited. Modes which cause the message to flash are 3513 prohibited. 3514 (b) Temporary signs: 3515 (1) For new developments, one (1) real estate development sign not exceeding a total of one hundred (100) 3516 square feet in area on the lot of the new development. Such signs shall not be located within any required 3517 yazd. 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 (2) For all uses, real estate signs not exceeding at total of twelve (12) square feet in ar� a m ��� Q i (3) For all uses, one (1) sign not exceeding a total of one hundred (100) square feet in area idenfi g a� engineer, architect or contractar engaged in, or product used in, the conshucrign of a building. (4) Temporary signs shall be permitted as follows " a. b. c. Banners, pennants and stringers. Freestanding and wall signs, the total azea not to exceed a total of thuty-two (32) square feet. Such signs shall be permittedthree (3) nonconsecurive times per calendaz yeaz for a period of not more than rrinetq-E9�) thirry (30) days per time. (5) Temporary signs, conceming a commodity, service or entertainment conducted, offered, sold or manufactured on the premises, placed inside of the window of a building are permitted. 3528 (6) No sign shall project higher than thirry-seven and one-half (37 %z) feet above grade. 3529 (c) Portable signs. Portable signs aze permitted and subject to the condifions specified in - - , 3530 section 64G.38503(c). 3531 (Code 1956, § 66.206; Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; Ord. No. 17536, §§ ]9--22, 2-2-88; C.F. No. 93-1718, 3532 § 104, 12-14-93; C.F. No. 00-972, 11-8-00) 3533 Sec. 646.4505�. B=4-BS Business Districts. 3534 (a) Business signs: 3535 (1) 3536 3537 (2) 3538 3539 3540 3541 (3) 3542 The sum of the gross surface display azea in square feet of all business signs on a lot shall not exceed four (4) times the lineal feet of lot frontage of a lot. One (lj projecting sign per entrauee on a sfreet frontage ispermitted. Any sign which prdjecf� into a pnblic xight,of-way beyondeighteem.(1'8) ii�hes�shati nat exiceed t�venty five (25�} square feet in display area: �igiss " - �r�cvuiinix�irt� The height of signs shall be subject to the conditions specified in - - , secfion 64fi.�9503(a)(3). 3543 (4) Electronic message signs are permitted and subject to the conditions specified in the S-2 and B-3 districts, 3544 secrion 646.�965p4(a)(5). 3545 (b) Temporary signs. Temporary signs shall be permitted as required in °-- ^-^ --' ^-° '-` '`', secrion 3546 645.366544(b). 3547 (c) Portable signs. Portable signs are permitted and subject to the conditions specified i - - , 3548 section 646.z 3549 (Code 1956, § 66.207; Ord. No. 17536, § 23, 2 3550 . . . - . � . . : . .. . . : . :. � - . . . � . . ..: . :• .. . .. .. . : . : . . : : .. : . .. : . � : .. - - .1 . ,: .. . . : . : : . .. :. . . '. . - :. . .. : : . : : . .. 0 3563 , . , . . , , - - 3564 Sec. 646.�5069. I=1-I3 Industrial �Districts . 3565 (a) Business signs: �j`10Zg 3566 3567 3568 3569 3570 3571 (1) The sum of the gross surface display area in square feet of all business signs on a lot shall not exceed two (2) times the lineal feet of lot frontage ofa-lat in the Tl district, three (3) times the lineal feet of lot frontage in the I2 district, and one (1) tunes the lineal feet of lot frontage in the I3 district . (2) No business sign shall be located in a required yazd except one (1) freestanding sign. A freestanding sign . proj ecting into a public right-of-waybeyond eighteen (18) inches may not exceed fifteen (15) square feet in display area. 3572 (3) One (1) projecting sign per entrance on a street frontage is permitted. Any such sign proj ecting into a public 3573 right-of-way beyond eighteen (18) inches may not exceed fifteen (15) square feet in display azea. 3574 (4) The heights of signs �ed shall be subject to the conditions specified in - - , 3575 secrion 645.�9503(a)(3). 3576 (5) Electronic message signs are pernutted and subject to the conditions specified in the B-2 and B-3 districts, 3577 secrion 645.z96504(a)(5). 3578 (b) Temporary signs. Temporary signs shall be permitted as regulated in - - , section 3579 6463.86504(b). 3580 (c) Portable signs. Portable signs aze permitted and subject to the condirions specified in - - , 3581 section 646.�A503(c). 3582 (Code 1956, § 66.209; Ord. No. 1�536, § 25, 2-2-88; C.F. No. 93-1718, § 105, 12-14-93) 3583 . . . - . : � ; �:�<,.,.,,:���,..,,�,. • ° . . . . .. . � .. : ' • . . . - • • .. . . ,� - - . '1 : :. � - - ... . . .. : .: .:� . . . . . .. . C . .. .. 0 - - . . . . . . '. : .. - - ' . . . . ': :. .. : . .• .. : �11 - �1 �� �� : �1 : �1 : . : : •1� : . .1 . . . - .� �1. � ..• • .: .1 . - - �1: : . .. .. •1' .. . . .• � 1 - . . .. . . . � .. : � . .. . : . . 0. . ' .. - - - - - - :. ' '��i'��� � :.�:�iee�iu�a�uww.w�iaw 03°1028 3617 , . , . . , , -- , .. . - , , - - R. 3618 Sec. 646.507�. VP=4 Vehicular Parldng Distric�t. 3619 No sign, except those pemutted on parking lots as described in secrion 64G.�401(j�9) shall be pernutted. 3620 (Code 1956, § 66212) 3621 Sec. 646.5083i3. PD Planned Development District. 3622 Signs stiall be as permitted and regulated in each planned development in accordance with the provisions of secrions 3623 669.93800 to 668.�3807, provided such regularions are consistent with the intent of this chapter. 3624 (Code 1956, § 66213) 3625 . . . , - , - . 3626 - . - - , • 3627 - - . > - , 3628 . 3629 . . , , - - 3630 3631 ARTICLE V. 64.600. SPECIAL SIGN DISTRICTS 3632 3633 Sec. 646.601�}6. Special district sign plan. 3634 3635 3636 3637 3638 3639 3640 3641 (a) Acomprehensivesignplanmaybeprovidedforbusinessorindustrialpremiseswhicharenotpartofanewplanned development dish as provided in section 64G.508z'' i3 above, but which occupy the entire frontage on two (2) or more adjacent block fronts. The intent behind this provision is to allow and even encourage entertainment centers, shopping centers, historic districts and other comprehensive developments to build upon unique characteristics of certain sections of the city so long as the visual landscape created by the plan is in keeping with the general intent of this chapter. Such a plan shall be submitted to the planning commission and shall include the location, size, height, color, lighring orientarion, overall design justification, and other informafion which may be reasonably required for the proper consideration of the matter. 3642 (b) Except for advertising signs for which the restrictions of this chapter shall not be weakened, less restrictive as well 3643 as more restrictive provisions than specified in this chapter may be perxnitted if the sign areas and densities for the 3644 plan as a whole are in conformity with the intent of this chapter and if such exception results in an improved 3645 relationship between the various parts of the plan. 3646 (c) Application shall be made to the city council for consideration under this provision. Approval may be granted by 3647 city council resolution, after review and recommendation is made by the planning commission, and only after a 3648 public hearing before the planning commission and the city council. 3649 (Code 1956, § 66.216; C.F. No. 00-973, § 1, 11-15-00) 3650 Sec. 64G.6103ifi94. Sunray-Battlecreek-Highwood, District One Community Council Special District Sign Plan. 3651 3652 3653 3654 3655 3656 3657 3658 (a) Intent and purpose. The Sunray-Battlecreek-Highwood, District One Community Council Special Sign District Plan, created as provided in secrion 646.z''�601 e€�he in order to provide sign controls in the Sunray- Battlecreek-Highwood, District One Community Council neighborhood, is intended to protect property values, to maintain and ent�auce the visibility of unique architectural and natural features, and to encourage investment and beautificafion in residential and commercial areas by reducing the visual clutter of advertising signs which impair the effectiveness of neighborhood business and insritutional signs and otherwise detract from the appearance, perception and safety of Sunray-Battlecreek-Highwood, District One Community Council neighborhoods and commercial districts. 3659 (b) 3660 3661 3662 3663 3664 Area description. The Sunray-Battlecreek-Highwood,District One CommunityCouncil Special SignDistrict Plan shall apply to the area described as follows: Minnehaha Avenue on the north, McKnight Road on the east and the city-counry line on the south. The western boundary follows this line from north to south Birmingham Avenue South to East 6th Street, East 3rd Sireet west to Bloomington Avenue, Birmingham Avenue south to Interstate 94, Interstate 94 west to Highway 61, Highway 61 south to Wamer Road, Wamer Road west to Mississippi River, Mississippi River south to the city-county line, all in the city. 3665 (c) 3666 3667 3668 3669 3670 Interpretation and definitions. The provisions of this sign plan are supplementary to the�rovi ox4� o�tA'ezanux� eode; eChapter 64G, enritte�uSigns. Provisions of this sign plan that are more restricrive than the provisions of eChapter 646 shall prevail and supersede provisions in eChapter 645. t111 other p�ovisions of eChapter 64fi zerring eade shall continue to applyto signs in the Sunray-Battlecreek-Highwood; District One Community Council Special Sign District. All words and terms shall be defined as in this sign plan and in eChapter 645-a€�zaning eade. 3671 (d) General sign restrictioruSignswithinthe Sunray-Battlecreek-Highwood, Distdct One Community Council Special 3672 Sign Dish shall be subject to the following reshicrions: 3673 (1) No advertising signs shall be pemutted, except signs on �ansit shelters and courtesy benches licensed or 3674 franchised by the city; 3675 (2) Roofsignswhichadvertiseaproduct,serviceorentertainmentwhichisoffered,soldormanufacturedonthe 3676 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 3677 carried on in the premises. 3678 (3) Business signs are not affected by this sign plan. 3679 (e) Nonconformingsigns. Regulafion ofnonconforming signs within the Sunray-Battlecreek-Highwood,Dish-ict One 3680 CommuniryCouncil Special Sign District which lawfully existed prior to the effecrive date ofthis sign plan or any 3681 amendments hereto and which would be prohibited, regulated, or reslricted under the provisions of this plan, may 3682 conrinue to exist as legal nonconforming signs regulated under the provisions of section 64G300 pertaining to 3683 nonconforming signs, subject to the following additional requirements: 3684 3685 3686 3687 3688 3689 3690 3691 3692 (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or c. RelocatedtoanyotherlocationintheSunray-Battlecreek-Highwood,DistrictOneCommunityCouncil Special Sign Disirict; or d. Reconshucted after incurring damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of the loss, as determined by the city; or e. Maintained through replacement of shuctural elements. 3693 (2) A nonconforming sign shall be immediatelyremoved from the Sunray-Battlecreek-Highwood, District One 3694 Community Council Special Sign District at the cost of the owner if: 3695 a. 3696 b. 3697 3698 c. 3699 (g) 3700 3701 3702 3703 3704 3705 3706 3707 3708 It is an imminent danger to life or properry; or It incurs damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of loss, as determined by the city; ox Use of the sign has been discontinued for a period of three (3) consecurive months. Sign permits; admiraistratzon. Whenever a permit for a sign in the Sunray-Battlecreek-Highwood, District One Community Council Special Sign District is required under the provisions of eChapter 64G, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Sunray- Battlecreek-Highwood, District One Community Council Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applicafions submitted far zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the application within thirty (30) days and nofify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all applicafion decisions. 3709 (C.F. No. oo-lois, g i,12-2�-00) 3710 . . . - , , . . 3711 , . . 3712 Sec. 646.620�3fdJ�. Greater Eastside Area Special District Sign Plan. 3713 (a) Intentandpurpose.TheCrreaterEastsideAreaSpecial5ignDistrictPlan,createdasprovidedinsection64G.�601 3714 eft}iezaning-eede, in order to provide sign controls within the Crreater Eastside Area neighborhood, is intended 3715 to protect property values, to maintain and enhance the visibility of unique architectural and natural features, and 3716 to encourage investment and beautificarion in residenlial and commercial areas by re��g'th�� c�tter of 3717 advertising signs which impair the effecfiveness of neighborhood business and institutional signs and otherwise 3718 detract from the appearance, perceprion and safety of Greater Eastside Area neighborhoods and commercial 3719 districts. 3720 (b) Area description. The Greater Eastside Area Special Sign Dishict Plan shall consist ofthe following four (4) areas: 3721 (1) YVhite Bear Avenue Subarea: Tiie entire length of White Bear Avenue beginning on the south at its junction 3722 with Interstate 94 and proceeding north along the avenue to its juncrion with Larpenteur Avenue. The width 3723 of this subarea shall extend one-half block on either side of the avenue. 3724 (2) Payne Avenue Subarea: The entire length of Payne Avenue beginning on the south at its juncrion with East 3725 Seventh Street and proceeding north along the avenue to its juncrion with Wheelock Parkway. The width of 3726 this subarea shall extend one-half block on either side of the avenue. 3727 (3) PhalenBoulevard/PhalenYillage: Thissubareashallconsistoftt�atareadefinedinthePhalenVillageSmall 3728 AreaPlanasthePhalenBoulevard/PhalenVillageasadoptedbythecityin1944andtheplannedroadlmown 3729 as Phalen Blvd. from I-35E on the west to Maryland Avenue on the east. The width of the subazea shall 3730 extend six hundred sixty (660) feet on either side of the right of way. 3731 (4) Arcade Street Subarea: The entire length of Ascade Street beginning on the south at its junction with East 3732 Seventh Street and proceeding north along the avenue to its juncrion with Larpenteur Avenue. The width of 3733 this subarea shall extend one-half block on either side of the avenue. 3734 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of Hiezarring 3735 eade; eChapter 646, �;�, `zcioa"Signs u Provisions of this sign plan that aze more restrictive than the provisions of 3736 eChapter 64G shall prevail and supersede provisions in eChapter 64fr. All other provisions of eChapter 64fra�ti�e 3737 zaningeac3e shall confinue to apply to signs in the Greater Eastside Area Special Sign District. All words and terms 3738 shall be defined as in this sign plan and in eChapter 645�€the-2aning-eede. 3739 (d) Generat sign restrictions. Signs within the Greater Eastside Area Special Sign Dish shall be subject to the 3740 following resh 3741 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 3742 franchised by the city; 3743 (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the 3744 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 3745 carried on in the premises. 3746 (3) Business signs are not affected by this sign plan. 3747 (e) Nonconforming sigras. Regulafion of nonconforming signs within the Greater Eastside Area Special Sign District 3748 which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 3749 prohibited, regulated, or reslricted under the provisions of this plan, may continue to exist as legal nonconforming 3750 signsregulatedundertheprovisionsofsection646.300pertainingtononconformingsigns,subjecttothefollowing 3751 additional requirements: 3752 3753 3754 3755 3756 3757 3758 3759 3760 3761 3762 3763 3764 (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or b. Replaced by another non-conforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other location in the Greater Eastside Area Special Sign District; or d. Reconstructed after incurring damage in an amount exceeding fifty (50) percent of its replacement cost at the rime of the loss, as determined by the city; or e. Maintained through replacement of structural elements. (2) A nonconforxning sign shall be immediately removed from the Greater Eastside Area Special Sign District at the cost of the owner if: a. b. 3765 c. It is an imminent danger to life or property; or It incurs damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. 3766 3767 3768 3769 3770 3771 3772 3773 3774 3775 � R (g) Sign permits; administration. Whenever a permit for a sign in the Greater Eastside Area SFfecial Sigii �s�r'ict is required under the provisions of hapter 645, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. AIl building permit applicarions for signs in the Crreater Eastside Area Special Sign District shall be submitted to the zoning adiniuistrator for review and approval. A fee to cover the costs of the review shall be established by resolurion of the city council. All applicarions submitted for zoning adininistrator approval shall be of sufficient detail to demonstrate tt�at the proposed sign complies with the provisions ofthis signplan. The zoning administrator shall review the application within thuty (30) days and notify the applicant of any decision to approve or disapprove the applicarion. Written reasons, prepared by the zoning administrator, shall accompany all applicarion decisions. 3776 (CF. No. 00-1042, § 1, 1-3-01) 3777 Sec. 645.625�. White Bear Avenne Special District Sign Plan. 3778 (a) 3779 3780 3781 3782 3783 3784 3785 (b) 3786 3787 Intent and purpose. The White Beaz Avenue Special Disirict Sign Plan, as provided in secrion 646.�601 �€the zennig�cade, is intended to provide sign controls for the White Bear Avenue corridor. These controls will enhance the unique chazacter and idenrity of White Bear Avenue, reduce sign clutter, andprovide strong, clear identificarion ofbusinesses. They recognize the need ofbusinesses to be visible to the high volume oftraffic that uses White $ear Avenue. The sign plan provides a unified framework far the sign systems of the various commercial nodes (e.g. Minnehaha, 7th Street, Hillcrest, etc.), which will fit the architecture of the buildings, clearly identify businesses, and enhance the image of the business districts and foster pride in the adjacent neighborhoods. Area description. The area covered by tlus plan includes commercial properiy along 4Vhite Beaz Avenue from Larpenteur to I-94. The area generally extends one-half block east and west of 4Vhite Bear Avenue, but extends as needed to encompass commercial nodes. 3788 (c) Interpretation and definitions. The provisions of this special district signplan are supplementary to the provisions 3789 of Chapter 646, Signs�ftkezdningeade. The provisions of this sign plan that are more restrictive than provisions 3790 of Chapter 64G shall prevail and supersede the provisions of Chapter 646. All words and terms shall be defined 3791 as in Chapter 645 . The word "shall" is mandatory; the word "should" 3792 is advisory. 3793 (d) Advertising signs. Advertising signs shall be regulated through the Greater East Side Special District Sign Plan. 3�94 3795 3796 3797 3798 3799 (e) Business signs. Business signs are necessary for the viability ofthe commercial areas on White Bear Avenue. They inform customers about the type of business and its locarion. The name of the business should be highlighted. In general, wards and symbols should take no more than 40 percent of the total azea of a sign. Signs with light letters on a dark background are easier to spot on a busy street. Sign colors and materials should be compafible with the building and sunounding environment. To masimize the effect of the graphics, the number of colors should be minimal. Lighring of signs should be carefully considered; internally lit electric signs are discouraged. 3800 (1) Business signs shall be used to idenrify the business, not to advertise products. Signs that advertise a product 3801 and include the name of the business on the premises where the sign is placed are prohibited. These signs, 3802 whichareoftenprovidedbyproductsuppliers,failtohighlighttheimportantinformation(thebusinessname) 3803 and clutter the appearance of the street. 3804 (2) Roof signs shall be parallel to the wall of the building and used to match rooflines and unify sign bands on 3805 adjacent buildings. Roof signs shall not be used for advertising. 3806 3807 3808 3809 3810 3811 3812 3813 3814 3815 3816 3817 (3) Wall signs shall cover neither windows nor architectural trim and detail. Wall signs should be located on the bands ofbuilding facades: over the entry, overwindows, orbetween windows. Because wall signs are almost always seen from an angle, extended typefaces should be used. Viewing from an angle diminishes the apparent width and spacing oftheletters. Signs painted directly on the wall of a building shall not be permitted. Signs painted directly on the wall of a building defaces the building. Tenants may move and the painted wall sign may be left to mis-identify a new tenant or to peel and become unsightly. (4) Ground signs are recommended for institutional, professional and industrial buildings. Ground signs for individual establishments shouldbe used only when abuilding is set back fifteen (15) feet or more from the street right-of-way. Crround signs for individual establishments shall be placed parallel to the street. (5) Grouped signs are used to identify multiple businesses in a larger building or adjacent eoritignectsbuildings. They are recommendedwhen individual projecring signs would blockeach other. Grouped signs may be used 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 for businesses that aze not duectly accessible from the public sidewalk. They sha�Ub�ptac��t�iiif3 common framework and may be placed perpendicular to the street. (6) Projectingsignsareeffectiveforbothvehicularandpedestriantraffic,buttheyal�otendtoobstructtheview of other signs and are a major source of sign clutter. Projecting signs that display a symbolic or business name are permitted. No more than one (1) projecting sign per forry (40) £eet shall be permitted. Multiple businesses cioser to one (1) another than forty (40) feet shall not use projecting signs. (7) Pole signs can bring a business with a setback up to the street. Like projecting signs, pole signs are effecrive for both vehicular and pedestdan traffic, but they also can be a source of sign clutter. Pole signs are permitted for individual buildings that aze occupied by a single business and that have a setback from the street right-of- way of thirty-five (35) feet or more. Pole signs shall use as little structure as possible, shall be stationary, and shall be no higher than twenty (20) feet above grade at the highest point. Siructural elements of the sign should be painted black or another dark co3or. (8) Perxnanent window signs are permitted and shall not exceed ten (10) percent of the store window glass area. (9) Portable signs shall not be permitted in the White Bear Avenue Sign District. 3832 (10) Banners idenrifying White Bear Avenue business dish-icts attached to street lights aze permitted. They shall 3833 be designed with a common shape within the sign district, while pattems may reflect the neighborhood 3834 designation. 3835 (C.F. No. O1-612, § 3, 7-11-01) 3836 Sec. 64fr.630�Cr8. West Side Special District Sign Plan. 3837 (a) 3838 3839 3840 3841 3842 Intent and purpose. The West Side Special District Sign Plan, created as provided in section 646.601�6 of this code, is adopted to provide sign conirols that build upon, preserve and enhance the unique character of the West Side neighborhood. The sign plan is intended to protect properry values, to preserve and protect the neighborhood viewscape, especially those of the Mississippi river and its bluffs, the Capitol, Cathedral, and downtown skyline and other features uniquely visible from West Side neighborhoods and to enhance the overall effectiveness of neighborhood business and institutional signs. 3 843 (b) Area description. The West Side Special District Sign Plan shall apply to the area of Saint Paul bordered generally 3844 by the Mississippi River on the northwest, north and northeast and by Annapolis 5treet defining the city limits with 3845 West Saint Paul and South Saint Paul on the south. Excepted from this plan is that area covered by the Smith 3846 Avenue Special District Sign Plan as set forth in �egis�tiroeEade secrion 645.b35�tfr2. 3847 (c) Advertising sign restrictions. Advertising signs shall not be permitted within the sign plan district except signs on 3848 transit shelters and courtesy benches licensed or franchised by the city. Construcrion, erection, replacement, or 3849 renovation of advertising signs sttall not be permitted. Existing, nonconforming, advertising signs shall: 3850 (1) Be immediately removed, at the owner's expense, from the special sign district iE 3851 3852 3853 3854 3855 3856 3857 a. b. c. (2) Not be: a. Altered or enlazged in any way; or It is an imminent danger to life or property; or It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the rime of loss, as determined by the city; or Use of such sign, signified by a lack of advertising message, has been discontinued for a period of three (3) consecutive months. 3858 b. Replaced by another nonconforming sign; or 3859 386Q 3861 c. Relocated to any other location in either this district or the Smith Avenue Special Sign Districts; or d. Reconstructedafterincursingdamageinanamountexceedingfifty(5�)percentofitsreplacementcost at the rime of loss, as determined by the city; or 3862 e. Maintained through replacement of structural elements. 3863 (d) Administration and enforcement. 3864 , ,' .[Redundant, since this is part of Chaptex 64.] Whenever a permit 3865 for a sign in this special sign district is required under the provisions of chapter 64G —` `or�iiiscoac, such permit shall 3866 not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with o- � S 3867 this plan. Provisions of this sign plan that are more restrictive that the provisions of chapter 646 shall prevail and ' 3868 supersede the provision in chapter 646. All other provisions of chapter 646 shall apply to this sign plan distzict. 3869 (C.F. No. 99-1241, § 1, 1-26-00) � q � p 3870 — . . . - 1 O 3871 . . , . . 3872 Sec. 646.6353i6�. Smith Avenne Special District Sign Plan. 3873 The Smith Avenue Special District Sign Plan, created as provided in section 6 46.601�:#6 abave, applies to the azea 3874 defined by Cherokee Avenue on the north, Annapolis Street on the south, Manomin Avenue on the east, and Ottawa 3875 Avenue on the west. The provisions of this plan are supplementary to those of this cbapter; the most restricrive provision 3876 shall apply. Within the Smith Avenue Special Sigi Dishict signs shall be subject to the following provisions: 3877 (a�) Advertising signs shall not be permitted. 3878 (b�) Business signs which advertise a product in addirion to the business on the premises shall not be permitted. 3879 (c3) No more than one (1) projecting or freestanding sign per forty-foot lot shall be permitted. 3880 (d#) The highest point on business signs shall be no more than twenty (20) feet above ground. 3881 (Ord. No. 17223, § 1, 3-14-85; C.F. No. 93-1715, § 109, 12-14-93) 3882 Sec. 646.6403i69. Dayton's Bluff Special District Sign Plan. 3883 (a) Intent and purpose. The Dayton's Bluff Special Sign District Plan, created as provided in section 646,601�6 0€ 3884 the in order to provide sign controls in the Dayton's Bluff neighborhood, is intended to protect 3885 properry values, to maintain and enhance the visibility of unique azchitectural and natural features, and to 3886 encourage investment and beautification in residenrial and commercial areas by reducing the visual clutter of 3887 advertising signs which impair the effectiveness of neighborhood business and institutional signs and otherwise 3888 detract from the appearance, perception and safety of Dayton's Bluff neighborhoods and commercial districts. 3889 (b) Ar•ea description. The Dayton'sBluff Special Sign District Plan shall apply to the area described area is as follows: 3890 Warner Road and the Mississippi River on the South, Lafayette Road and Interstate Highway 94 to Interstate 3891 Highway 35E interchange ramp on the West, Grove Street and Chicago Northwestem Railroad on the North and 3892 Johnson Parkway, Birmingham Ave. South to East 6th Street East to a NS line cutting through the center of 3893 Harding High School to East 3rd Street, East 3rd Street West to Birmingham South to Interstate Aighway 94, 3894 Interstate Highway 94 West to Highway 61, Highway 61 South to Warner Road, Warner Road West to the 3895 Mississippi River, Mississippi River to Lafayette Road, all in the city of St. Paul, Minnesota. 3896 (c) Interpretation and definitions. The provisions of this sign plan are supplexnentary to the provisions of t$e-zaning 3897 eade;-eChapter 646, er�titlefY`Signs u Provisions of this sign plan that are more reshictive than the provisions of 3898 eChapter 646 shall prevail and supersede provisions in eChapter 646. All other provisions of eGhapter 64fr eftke 3899 zaning-ea�e shall continue to apply to signs in the Dayton's Bluff Special Sign District. All words and terxns shall 3900 be defined as in this sign plan and in eChapter 646 e�Hre 3901 (d) General sign restrictions. Signs within the Dayton's Bluff Special Sign District shall be sub}ect to the following 3902 restrictions: 3903 (1) No advertising signs shall be pezmitted, except signs on transit shelters and courtesy benches licensed or 3904 franchised by the city; 3905 (2) Roof signs which adver[ise a product, service or entertainment which is offered, sold or manufactured on the 3906 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 3907 carried on in the premises. 3908 (3) Business signs are not affected by this sign plan. 39Q9 (e) Nonconforming signs. Regulation of nonconforming signs within the Dayton's Bluff Special Sign District which 3910 lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 3911 prohibited, regulated, or restdcted under the provisions of this plan, may continue to exist as legal nonconforming 3912 signsregulatedundertheprovisionsofsection645300pertainingtononconformingsigns,subjecttothefollowing 3913 additional requirements: 3914 (1) No nonconforming sign shall be: 3915 a. Altered or enlarged in any way; or 3916 b. 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3435 3936 � ; Replaced by another nonconforming sign, though a change in the message will not be deemed to be � a replacement; or c. Relocated to any other locafion in the Dayton's Bluff Special Sign District; oro� .� O� O d. Reconstructedafterincurringdamageinanamountexceedingfifty(50)pezcentofifsreplacementc�ost at the time of the loss, as determined by the city; or e. Maintained through replacement of slructural elements. (2) AnonconfonningsignshallbeimmediatelyremovedfromtheDayton'sBluffSpecialSignDishictatthecost of the owner if: a. It is an imminent danger to life or properry; or � c. It incurs damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three consecurive months. ( fl Sign permits; administration. Whenever a permit for a sign in the Dayton's Bluff Special Sign District is required under the provisions of , eChapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applicarions for signs in the Dayton's Bluff Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolurion of the city council. All applicarions submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of ttns plan. The zoning administrator shall review the application within thirty (30) days and noflfy the applicant of any decision to approve or disapprove the applicarion. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 3937 (C.F. No. 00-956, § 1, 11-1-00) 3938 Sec.64.650. Reserved. 3939 Sec. 645.660�. North End/South Como Special District Sign Plan. 3940 (a) Intent and purpose. The North End/South Como Special Sign District Plan, created as provided in section 3941 646.601�6 e€t�re-zeiring�eade, in order to provide sign controls in the North End/South Como neighborhood, is 39A2 intended to protect properiy values, to maintain and enhance the visibility of unique architectural and natural 3943 features,andtoencourageinveshnentandbeautificationinresidentialandcommercialareasbyreducingthevisual 3944 clutter of advertising signs which impair the effecriveness of neighborhood business and institufional signs and 3945 otherwise detract from the appearance, perception and safety of North End�South Como neighborhoods and 394b commercial districts. 3947 (b) Area description. The North End/South Como Special Sign District Plan shall apply to the area described area is 3948 as follows: Commencing at the center of the intersection of Dale Street North and Larpenteur Avenue; proceeding 3949 east along the center-line of Larpenteur to Freeway I-35E; south along the median of I-35E to the Burlington 3950 Northern Railroad right-of-way; thence following the right-of-way west to Lexington Pazkway; north along 3951 centerline of Lexington Pazkway to Horton Avenue; east along centerline of Horton Avenue to Churchill Street; 3952 north along centerline of Churchill Street to West Como Blvd,; south and east along centerline of West Como 3953 Boulevard To East Como Boulevard; north along centerline of East Como Boulevard to Maryland Avenue; east 3954 along centerline of Maryland Avenue to Dale Street North; and north along centerline of Dale Street North to the 3955 point of beginning. 3956 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of the 3957 eade;-eChapter 646, ciiii:i u Provisions of this sign plan that are moxe restricfive than the provisions of 3958 eChapter 646 shall prevail and supersede provisions in eChapter 646. All other provisions of eChapter 64fr e€-tke 3959 zennig�code shall continue to apply to signs in the North End/South Como Special Sign District. All words and 3960 terms shall be defined as in this sign plan and in cChapter 6Afr 3961 (d) General sign restrictions. Signs within the North End/South Como Special Sign District shall be subject to the 3962 following restricfions: 3963 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 3964 franchised by the city; 3965 (2) Roofsignswhichadvertiseaproduct,serviceorentertaisunentwhichisoffered,soldormanufacturedonthe 3966 premises shall not be pexxnitted, but a roof sign may identify the name, logo, and nature of the business 3967 carried on in the premises. 3968 (3} Susiness signs are not affected by this sign plan. � q 8 3969 (e) Nonconformingsigns.RegulationofnonconformingsignswithintheNorthEnd/SouthCom�SpecialSiODish-ict 3970 which lawfully e�cisted prior to the effecrive date of this sign plan or any amendments hereto and which would be 3971 prohibited, regulated, or restricted under the provisions of this plan, may continue to e�st as legal nonconforming 3972 signsregulatedundertheprovisionsofsecfion64fr300pertainingtononconformingsigns,subjecttothefollowing 3973 additional requirements: 3974 (1) No nonconforming sign shall be: 3975 3976 3977 3978 3979 3980 a. b. c. d. e. Altered or enlazged in any way; or Replaced by another nonconfornung sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other locafion in the North End/South Como Special Sign District; or Reconshucted after incurring damage in an amount exceeding fifty (50) percent ofits replacement cost at the time of the loss, as determined by the city; or Maintained through replacement of structural elements. 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997 (2) A nonconforniing sign shall be immediatelyremoved from the North End/5outh Como Special Sign District at the cost of the owner i£ a. b. c. It is an imminent danger to life or property; or It incurs damage in an amount exceeding 50% of its replacement cost at the time of loss, as determined by the City; or Use of the sign has been discontinued for a period of three (3) consecufive months. (g) Sign permits; administration. Whenever a permit for a sign in the North End/South Como Special Sign District is required under the provisions of , hapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applications for signs in the North End/South Como Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions ofthis sign plan. The zoning administrator shall review the application within thirty (30) days and norify the applicant of any decision to approve or disapprove the applicarion. Written reasons, prepazedby the zoning administrator, shall accompany all applicarion decisions. 3998 (C.F. No. oo-io2a, § i, i2-2�-00) 3999 Sec. 64fr.67423fitG. Thomas/Dale District 7 Special District Sign Plan. 4000 4001 4002 4003 4004 4005 (a) Intent and purpose. The Thomas/Dale District 7 Special Sign District Plan, as provided in Ssection 646.�601 a€ �re-��rirtgEade, is intended to provide advertising sign controls in the Thomas/Dale District 7 neighborhood. In keeping with the ThomasJDale District 7 Community Plan, this Special Sign District Plan is intended to reduce visual clutter and enhance the neighborhood feel of commercial districts in the Thomas/Dale Distdct 7 neighborhood. Neighborhood efforts are currently underway to redesign Dale Street to reduce the negarive impacts of high traffic, noise and poor appearance and to improve and enhance University Avenue. 4006 Adding signs to the existing visual landscape detracts from the pedeshian and neighborhood friendliness of the 4007 commercial environment. Residents and other consumers often complain that University and Dale feel more like 4008 highways than city streets. Advertising signs clearly play a large role in this perception. Adding to the existing 4009 density of signs will only exacerbate this problem. Furthermore, additional signs will work against current efforts 4010 to improve the appearance and economic vitality of University Avenue and Dale Street. 4011 The purpose of advertising signs is to attract peoples' attenrion long enough to read the message of the sign. Drivers 4012 whose attention is on advertising signs rather than the road can cause collisions. Dale Street is a busy street with 4013 more than twenty-two thousand (22,000) cars per day passing through the neighborhood. Likewise, University 4014 Avenue is even busier, casrying more than riventy-five thousand (25,000) cars per day. Because of these large 4015 traffic volusnes, advertising signs distract driver attention and are a traffic safety hazard. aoi6 �n� 4017 4018 4019 4020 4021 4022 4023 Area description. The Thomas/Dale District 7 Special Sign Dish-ict Plan shall appl �o the follow�g designated area as follows: Beginning at the intersections of the centerlines of University Avenue and Lexington Parkwa thence north along the centerline of Lexington Parkway to its intersecfion with the centerline of the railroad h north of Pierce Butler Route; then east along the centerline of the railroad tracks north of Pierce Butler Route �o its intersecrion with the centerline of Interstate 35E; then south along the centerline of Interstate 35E to its intersection with the centerline of University Avenue; then west along the centerline of University Avenue to its intersecfion with the centerline of Lexington Pazkway, but excepting the capital azea bounded by Marion Street, Pennsylvania Avenue and Jackson Street; 4024 (c) Interpretationanddefznitions.TheprovisionsofttnssignplanazesupplementarytotheprovisionsofeChapter64G, 4025 Signs, affi3��annxg�Eade. All words and terms shall be defined as in ��gis�atiroe£-a�e sections 646.103--646.128. 4026 The provisions of this special sign plan that aze more restrictive than provisions of eChapter 64fr shall prevail and 4027 supersede the provisions of eChapter 646. 4028 (d) Advertising signs. No advertising signs shall be permitted within the Thomas/Dale District 7 Special Sign District 4029 except signs on transit shelters and courtesy benches licensed or franchised by the city. Existing advertising signs 4030 shall be allowed to stay, provided they meet all provisions of eChapter 645, Signs-af4ke zo�ring 4031 (e) Business signs. The regularion of business signs in the Thomas/Dale Dishict 7 Special Sign District shall be 4032 pursuant to seeti�n Chapter 64 . 4033 ( fl Nonconformingsigns. Regulation ofnonconforming signs within the Thomas/Dale District 7 Special Sign District 4034 which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4035 prohibited, regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconforming 4036 signsregulatedundertheprovisionsofsection64G300pertainingtononconformingsigns,subjecttothefollowing 4037 addirional requirements: 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 (1) No nonconforming sign sl�all be: a. Altered or enlazged in any way; or b. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or c. Relocated to any other location in the District 7� Special Sign District; or d. Reconshucted after incuxring damage in an amount exceeding fifiy (50) percent of its replacement cost at the time of the loss, as determined by the city; or e. Maintained through replacement of stnxctural elements. (2) A nonconforming sign shall be immediately removed from the District 74 Special Sign District at the cost of the owner if: a. It is an imminent danger to life or property; or 4049 b. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the fime of loss, 4050 as determined by the city; or 4051 c. Use of the sign has been $iseacm4ed discontinued for a period of three (3) consecufive months. 4052 (g) Administrationandenforcement.Thezoningadministratorshallenforcetheprovisionsofthisplanasasupplement 4053 to eChapter 646, Signs �fHie�zannig-eede. Whenever a permit request for an advertising sign in the Thomas/Dale 4054 District 7 Special Sign District is requested, such permitshall notbe issued unless the plans for the advertising sign 4055 have been approved by the zoning administrator as in compliance with this supplement and other provisions of 4056 eChapter 646, Signs; e€the-zatrin�eade. 4057 (C.F. No. 00-1066, § 1, 2-7-01) 4058 Secs. 64.680 - 64.700. Reseri�ed 4059 Sec. 646.710�365. Hamline Midway Special District Sign Plan. 4060 4061 4062 4063 4064 4065 (a) Intent and purpose. The Hamline Midway Special Sign District Plan, as provided in section 6 46.601�6 e€�is eade, is intended to provide advertising sign controls in the Hamline Midway neighborhood. In keeping with the Hamline Midway Community Plan, this Special Sign District Plan is intended to reduce visual clutter on those streets and enhance the neighborhood feel of commercial districts in the Hamline Midway neighborhood. Neighborhood efforts aze currently underway to redesign Snelling Avenue to reduce the negarive impacts of high traffic, noise and poor appearance. 4066 Adding signs to the existing visuallandscape detracts from the pedestrian and neighborhood friend��s�t�Ple 4067 commercial environmental. Residents and other consumers often complain ttiat University and Snelling feel more 4068 like a highway than a city street. Advertising signs clearly play a large role in this;perception. Adding to the 4069 existing density of signs will only eacacerbate this problem. Furthermore, additional sighs will work against current 4070 efforts to improve the appearance and economic vitality of Snelling and University Avenues. 4071 The purpose of advertising signs is to attract peoples' attention long enough to read the message of the sign. Drivers 4072 whose attention is on advertising signs rather tban the road can cause collisions. Snelling Avenue is the busiest 4073 sh'eet in St. Paul with more than thirry-five thousand (35,000) cars per day passing through the neighborhood. 4074 Likewise, University Avenue is very busy, carrying more than twenty thousand (20,000) cars per day. Because of 4075 these large traffic volumes, advertising signs distract driver attenrion and are a uaffic safety hazard. 4076 4077 4078 4079 4080 4081 4082 4083 (b) Area description. The Hamline Midway Special Sign District Plan shall apply to the area designated on the map "Hamline Midway Special Sign District," which is on file and available for inspecrion in the office of the city clerk. The described area is as follows: Beginning at the intersecrion of the centerlines of University Avenue and Le�ngton Parkway thence traveling north along the centerline of Lexington Parkway to its intersecrion with the centerline of Pierce Butler Route; thence west along the centerline of Pierce Butler Route to its intersecrion with the centerline of Transfer Road; thence south along the centerline of Transfer Road to its intersection with the centerline ofUniversiTy Avenue; thence east along the centerline ofUniversiry Avenue to its intersection with the centerline of Lexington Parkway. 4084 (c) Interpretation and definitions. The provisions ofthis signplan are supplementary to the provisions of Chapter 645, 4085 Signs� aftiiezamng-eede. All words and terms shall be defined as in �egis}ative�adc§§ 646.103--64b.128. The 4086 provisions of this special sign plan that are more restricrive than provisions of Chapter 646 shall prevail and 4087 supersede the provisions of Chapter 646. 4088 (d) Advertisingsigns. No advertising sign shall be permitted within the Hamline Midway Special Sign District except 4089 on transit shelters and courtesy benches licensed ar franchised by the city. Existing advertising signs shall be 4090 allowed to stay, provided they meet all provisions of Chapter 64fi, Sign�mxg 4091 (e) Business signs. The regulation of business signs in the Hamline Midway Special Sign Distcict sha11 be pursuant 4092 to seeti�n Chapter 64G a�thezanirtg-eade. 4093 ( fl Nonconforrning signs. The regulation of nonconforming signs shall be pursuant to the provisions of aArticle III, 4094 seefi�r6G38� Nonconforming sSigns, of thi'se ckapfer �e. 4095 (g) Administrationandenforcement. 4096 .[Redundant, since this is part of Chapter 64.� Whenever a permit request for 4047 anadvertisingsignintheHamlineMidwaySpecialSignDistrictisrequested,suchpermitshallnotbeissuedunless 4098 the plans for the advertising sign have been approved by the zoning administrator as in compliance with this 4099 supplement and other provisions of Chapter 66, Sign�. 4100 (C.F. No. 99-888, § 1, 1Q-13-99) 4101 Sec. 646.Z20�GA. Saint Anthony Park Special District Sign Plan. 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 The Saint Anthony Park Special Dish Sign Plan, created as provided in secrion 646.601�}6 �e, pursuant to Council �ile No. 99-305 applies to the area defined as follows: commencing at the extreme northwest comer of the city, the boundary sha11 extend east along the city limit to Cleveland Avenue, south along the city limit to a point near Como Avenue, and east along the city limit to the centerline of vacated Aldine Street, thence continuing south along the centerline of vacated Aldine Street to the centerline of Wynne Avenue, east along the centerline of Wynne Avenue to the centerline of Snelling Avenue, south along the centerline of Snelling Avenue to the northerly right-of-wayline ofthe Burlington Northem and Sante Fe Railway just south of Energy Park Drive, westerly along such northerly railway right- of-way line to the centerline of Cleveland Avenue extended north along the section line from University Avenue, south along the centerline of Cleveland Avenue extended and Cleveland Avenue to the centerline of Interstate Haghway 94, westerly along the centerline of Interstate Highway 94 to the western city limit, and thence north along the city limit to the northwest comer of the city where the boundary line began. Within the Saint Anthony Park Special Sign District, signs shall be subject to the following restrictions: (1) No advertising signs shall be permitted except signs on transit shelters and courtesy benches licensed ar franchised by the city; ?r e � • 4117 (2) Roof signs which advertise a product, service or entertainment which is offered, sold�r �hanuf'�ac�8d oYi the 4118 premises shall not be permitted, but a roof sign may idenrify the name, logo and nature of the business carried on 4119 in the premises. 4120 Signs within the Saint Anthony Pazk Special Sign District which lawfully existed prior to the adoprion of this sign plan 4121 and which would be prohibited, regulated or restricted under the provisions of this sign plan or amendments hereto, may 4122 continue to e�st as legal nonconfornung signs under the provisions of ��de section 6AG300 perta.ining to 4123 nonconfomung signs, subject to the following addifional requirements: 4124 4125 4126 4127 4128 4129 4130 4131 (1) �2) No nonconfornung sign shall be: (a) Altered or enlarged in any way; or (b) Replaced by another nonconfornvng sign, though a change in the message on a nonconfonning sign will not be deemed to be a replacement; or (c) Relocated to any other location in the Saint Anthony Park Special Sign District; or (d) Reconsiructedafterincurringdamageinanamountexceedingfifty(50)percentofitsreplacementcost at the time of loss, as determined by the city; or (e) Maintained tluough replacement of structural elements; or Any nonconforming sign shall be immediatelyremoved from the Saint Anthony Pazk Special Sign District at the cost of the owner if: 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 (a) It is an imminent danger to life or property; or (b) It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss; or (c) Use of such sign has been discontinued for a period of three (3) consecutive months. Whenever a permit for a sign in the Saint Anthony Park Special Sign District is required under the provisions of-Sgint Chapter 64fr, Signs; such permit shall not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with this sign plan. All building permit applications for signs in the Saint Anthony Pazk Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All plans submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the plans within thirty (30) days and nofify both the applicant and the Department of License, Inspections and Environmental Protection of any decision to approve or disapprove the plans. Written reasons for denial shall be prepared by the zoning administrator and shall accompany any decision to disapprove the plans. Any decision by the zoning administrator may be appealed as provided in Chapter 61, Administratiori and Efiforcement . (C.F. No. 99-341, § 1, 5-5-99) 4150 Sec. 645.730�66. Merriam Park Special District Sign Plan. 4151 (a) Intent and purpose. The Meniam Park Special Sign District Plan, as provided in section 646.601�6 o€�hiseaele, is 4152 adopted to provide sign controls that build upon the unique character and idenfity of Merriam Park. This Sign Plan is 4153 intended to: 4154 (1) Maintain and enhance the scenic view ofunique architectural and natural features visible from the residential 4155 and commercial azeas of Merriam Park: 4156 (2) Protect and encourage inveshnent and beautificarion in the University Avenue, Marshall Avenue, Snelling 4157 Avenue and Selby Avenue corridars; 4158 (3) Reduce the clutter and chaotic diversity of advertising signage that impairs the effectiveness of signs 4159 identifying businesses and institutions in Merriam Park; 4160 (4) Create a more aesthetically pleasing fusion of residential and commercial azeas in Merriam Park; and 4161 (5) Protect property values in Merriam Park and reflect the pride its residents, businesses and insfiturions place 4162 in the community. 4163 (b) Definitionsandinterpretation.TheprovisionsofthissignplanaresupplementarytotheprovisionsofChapter646, 4164 Signs�€€this�e. The provisions of this sign plan that are more restrictive than provisions of Chapter 646 shall 4165 prevail and supersede any conflicting provisions of Chapter 646. All other provisions of Chapter 646 - "vrd��s-cvc�c 4166 shall continue to apply to signage within the Memam Park Special Sign District. All words and terms shall be 4167 defined as in this sign plan and in Chapter 646 afthiser�e. Provisions that use the word �e �da�tory. 4168 Provisions that use the word "should" or "recommend" are advisory to can•ying out the intent and purpose of this 4169 sign plan but are not mandatory. 4170 (c) Special sign district area. The Merriam Pazk Special Sign District Plan shall apply to the area defined as follows: 4171 CommencingatthecenteroftheintersecfionofSnellingAvenueandUniversityAvenue,theboundaryshallextend 4172 south along the centerline of Snelling Avenue to the centerline of Suminit Avenue, then west along the centerline 4173 of Summit Avenue extending to the western city limit, then northerly along the western city limit to the median 4174 of Interstate Highway 94, easterly along the median of Interstate F3ighway 94 until the centerline of University 4175 Avenue, then easterly along the centerline of University Avenue until the centerline of Snelling Avenue. 4176 (d) 4177 4178 Provisions. (1) No advertising sign shall be permitted, except signs on transit shelters and courtesy benches licensed or franchised by the city. 4179 (2) No free-standing or roof business sign shall be pemutted, except business signs which identify the name, 4180 logo, and(or nature of the business or profession conducted on the premises. 4181 (e) Nonconforming advertising signs. Signs within the Merriam Pazk Special District which lawfully existed prior to 4182 the adoprion of this sign plan by the city council, and which would be prohibited, regulated or restricted under the 4183 provisions of this sign plan or amendments hereto, may continue to e7cist as legal nonconforming signs under the 4184 provisionsofsection646300,Nonconformingsigns,e€thiseed�subjecttothefollowingaddirionalrequirements: 4185 (1) No nonconforming advertising signs shall be: 4186 a. 4187 b. 4188 4189 4190 4191 4192 4193 � e. Altered in any way, other than changing the message on a painted or printed sign; Replaced by another nonconforming [sign]; Relocated to any other location in the Merriam Pazk Special District; Reconstructed after incurring damage in an amount exceeding fifty (50) percent of its display surface, as determined by the city; or Maintained through replacement of structural elements. (2) Any nonconforming advertising sign shall be immediatelyremoved from the Merriam Park Special District at the cost of the owner: 4194 a. If it incurs damage in an amount exceeding fifty (50) percent of its display surface, as determined by 4195 the city; or 4196 b. If use of such sign has been disconrinued for a period of three (3) consecutive months. 4197 (C.F. No. 99-889, § 1, 10-13-99) 4198 Sec. 646.735�ifr7. Snelling Hamline Special District Sign Plan. 4199 (a) Intent and purpose. The Snelling-Hamline Special Sign Distdct Plan, created as provided in section 646.601�i6 4200 efHn; to provide sign controls in the Snelling-Hamline neighborhood is intended to protect property 4201 values, to maintain and enhance the visibility of unique architectural and natural features, and to encourage 4202 investmentandbeaurificationinresidenrialandcommercialareasbyreducingthevisualclutterofadvertisingsigns 4203 which impair the effectiveness of neighborhood business and institurional signs and otherwise detract from the 4204 appearance, perception and safety of Snelling-Hamline's neighborhoods and commercial districts. 4205 (b) Area description. The Snelling-Hamline Special Sign District Plan shall apply to the area described area is as 4206 follows: 4207 Commencing at the center ofthe intersecrion of Snelling Avenue and University Avenue, the boundary shall extend 4208 south along the centerline of 5nelling Avenue to the centerline of Summit Avenue, then east along the centerline 4209 of Summit Avenue extending to the centerline of Ayd Mill Road, then running northwesterly along the centerline 4210 of Ayd Mill Road, then north on the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way to the 4211 centerline of Marshall Avenue, east to the centerline of Hamline Avenue, north to the centerline of University 4212 Avenue, then west to the point of beginning, a11 in the city of St. Paul, Minnesota. 4213 (c) Interpretation and definitions. The provisions of this sign plan are supplementary to the provisions of the 4214 E-�de; Chapter 645, enii`dc�Signs u Provisions of this sign plan that are more restrictive than the provisions of 4215 Chapter 646 shall prevail and supersede provisions in Chapter 6 4G. All other provisions of Chapter 646 8€-Hte 4216 4217 4218 (d) 4219 4220 4221 4222 4223 4224 4225 03•in2� SanirtgC�de shall continue to apply to signs in the Snelling-Hamline Special Sign District. All words an terms shall be defined as in this sign plan and in Chapter 66 eft3n:-�ring-Eade. . General sigrz restrictions. Signs within the Snelling-Hamline Special Sign District shall be subject to the following � restrictions: (1) No advertising signs shall be pernutted, except signs on transit shelters and courtesy benches licensed or franchised by the city; (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business carried on in the premises. (3) Business signs aze not affected by this sign plan. 4226 (e) Nonconforming signs. Nonconfornung signs witlun the Snellina Hamline Special Sign District which lawfully 4227 eacisted prior to the effecrive date of this sign plan or any amendments hereto and which would be prohibited, 4228 regulated, or restricted under the provisions of this plan, may continue to exist as legal nonconfomiing signs 4229 regulated under the provisions of secrion 646300 pertaining to nonconforming signs, subject to the following 4230 additional requirements: 4231 (1) No nonconforming sign shall be: 4232 a. 4233 b. 4234 4235 4236 4237 4238 4239 4240 4241 4242 4243 4244 4245 4246 4247 4248 4249 4250 4251 4252 4253 c. d. e. Altered or enlazged in any way; or Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other location in the Snelling-Hamline Special Sign District; or Reconstructed after incurring damage in an amount exceeding fifty (50) percent of its replacement cost at the time of the loss, as determined by the city; or Maintained through replacement of stnxctural elements. (2) AnonconformingsignshallbeimmediatelyremovedfromtheSnelling-HamlineSpecialSignDistrictatthe cost of the owner if: a. b. c. It is an imminent danger to life or properiy; or It incm damage in an amoimt exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. (fl Signpermits; administration. Whenever a permit for a sign in the Snelling-Hamline Special Sign District is required under the provisions of Chapter 646, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with tlus sign plan. All building permit applications for signs in the Snelling-Hamline Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applicarions submitted for zoning administrator approval shall be of sufficient detail to demonsh'ate that the proposed sign complies with the provisions of this sign plan. The zoning administrator shall review the application within thirly (30) days and notify the applicant of any decision to approve or disapprove the application. Written reasons, prepazed by the zoning administrator, shall accompany all application decisions. 4254 (C.F. No. 99-1229, § 1, 1-26-00) 4255 . . - 4256 . . , . . 4257 Sec. 646.7403i693. Macalester-Groveland Special District Sign Plan. 4258 (a) 4259 4260 4261 4262 4263 4264 Intent and purpose. The Macalester-Groveland Special Sign District Plan, created as provided in section 64G.601 ,in orderto provide sign controlsin the Macalester-Groveland neighborhood,is intended to protect properry values, to maintain and enhance the visibility of unique architechual and natural features, and to encourage inveshnent and beaurification in residential and commercial areas by reducing the visual clutter of advertising signs which impair the effectiveness of neighborhood business and institutional signs and otherwise detract from the appeazance, perception and safety of Macalester-Groveland neighborhoods and commercial districts. :, 03°�0�� 4265 (b) Area descriptiora. The Macalester-Gzoveland Special Sign Dishict Plan shall apply to the azea described area is as 4266 follows: Beginning at a point where Mississippi River Boulevazd and Summit Avenue intersect, along Summit :� 4267 Avenue to Ayd Mill Road, 5outheasterly along Ayd Mill Road to the 35E Corridor, then South along the 35E � 4268 Corridor to Randolph Avenue, West along Randolph Avenue tA Mississippi River Boulevard, then North along 4269 Mississippi River Boulevazd to the point of the begnining except those areas presently controlled underthe 4270 provisions of Legislative Code section 645.745�ifrt. 4271 (c) Interpretation and defznitions. The provisions of this sign plan aze supplementary to the provisions of tkezanirtg 4272 eae�e; eChapter 646, ��Signs?� Provisions of this sign plan that are more restrictive than the provisions of 4273 eChapter 64fr shall prevail and supersede provisions in zChapter 646. All other provisions of eChapter 646-�fthe 4274 zariingeade shall continue to apply to signs in the Macalester-Crroveland Special Sign Dish All words and terms 4275 shall be defined as in this sign plan and in eChapter 646-crfii�e-zamng-cvde. 4276 (d) General sign restrictions. Signs within the Macalester-Groveland Special Sign Dishict shall be subject to the 4277 following restrictions: 4278 (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or 4279 franchised by the city; 4280 (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the 4281 premises shall not be permitted, but a roof sign may identify the name, logo, and nature of the business 4282 carried on in the premises. 4283 (3) Business signs aze not affected by this sign plan. 4284 (e) Nonconforming signs. Regulation of nonconforming signs within the Macalester-Crroveland Special Sign District 4285 which lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4286 prohibited, regulated, or restricted under the provisions ofthis plan, may conrinue to exist as legal nonconforming 4287 signsregulatedundertheprovisionsofsection64fr300pertainingtononconformingsigns,subjecttothefollowing 4288 additional requirements: 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 43Q0 4301 4302 4303 (g) 4304 4305 4306 4307 4308 4309 4310 4311 4312 (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or � c. d. e. Replaced by another nonconforming sign, though a change in the message will not be deemed to be a replacement; or Relocated to any other locafion in the Macalester-Groveland Special Sign District; or Reconstructed after incurring damage in an amount exceeding fifly (50) percent of its replacement cost at the time of the loss, as determined by the city; or Maintained through replacement of structural elements. (2) A nonconforming sign shall be immediately removed from the Macalester-Groveland Special Sign District at the cost of the owner if: a. It is an imminent danger to life or property; or � c. It incurs damage in an amount exceeding fifty (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. Sign permits, administration. Whenever a permit for a sign in the Macalester-Groveland Special Sign District is required under the provisions of hapter 645, a permit shall not be issued unless the plans for the sign have been approved by the zoning administrator in conformance with this sign plan. All building permit applicarions for signs in the Macalester-Groveland Special Sign District shall be submitted to the zoning administratar far review and approval. A fee to cover the costs of the review shall be established by resolution of the city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstratethatthe proposed signcomplies with the provisions ofthis signplan. The zoning administrator shall review the applicafion within thirry (30) days and notify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 4313 (C.F. No. 00-1020, § 1,12-27-00) 4314 Sec. 646.745�i64. Grand Avenue Special District Sign Plan. 4315 4316 4317 4318 4319 4320 4321 4322 03•lOZ8 The Grand Avenue Special District Sign Plan, created as provided in section 6 45.601z'`i6 abaroe, applies to the azea defined by Oakland Avenue on the east, Cretin Avenue on the west and the parallel alleys north and south of Grand Avenue. The zoning administrator 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 S�pecial Sign District is required ' under the provisions of this chapter, such pernut shall not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with ffie Crrand Avenue Special District Sign Plan. Building permit applicarions for signs in the Crrazid Avenue Special Sigi District shall be submitted to the zoning administrator for review and approval. 4323 (Oid. No. 17Q98, 1-17-84; C.F. No. 99-750, § 15, 9-1-99) 4324 Sec. 64G.750�fr3. Highland Village Special District Sign Plan. 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335 The Highland Village Special Sign District Plan, created as provided in secrion 6 46.601�i5, pursuant to city council resolufion C.F. No. 86-1451, applies to the area as defined by said council resolution. The provisions of this plan are supplementaryto those ofthis chapter and the mostrestrictive 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 Resolurion C.F. No. 86-1451. The zoning administrator shall enforce the provisions of the Highland Village Special Dish Sign Plan as a supplement to the zoning code. Whenever a permit for a sign within the Highland Village Special Sign Distdct is required under the provisions of this chapter, such permit shall not be issued unless the plans for the sign have been approved by the zoning 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 zoning administrator for review and approval. (Ord. No 17414, § 1, 11-4-86; C.F. No. 99-75Q § 15, 9-1-99) 4336 Sec. 646.755�. Shepard Davern Special District Sign Plan. 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346 4347 4348 (a) Intent and purpose. The Shepard Davem Special Sign District Plan, created as provided in section 64G.601�-i58f' the-zamng eade, in order to provide sign controls in the Shepard Davem neighborhood, is intended to protect properry values, to maintain and enhance the visibility of unique azchitectural and natural feahues, and to encourage investment and beautification in residential and commercial areas by reducing the visual clutter of advertising signs which impair the effectiveness of neighborhood business and insritutional signs and otherwise detract from the appearance, percepfion and safety of Shepard Davem neighborhoods and commercial dishicts. (b) Area description. The Shepard Davem Special Sign District Plan shall apply to the area described azea is as follows: Beginning at a point where Shepard Road, Mississippi River Boulevard and West Seventh intersect, northeasterly along West Seventh Street to Edgecumbe Road, north on Edgecumbe Road to St. Paul Avenue, east along St. Paul Avenue to West Seventh Street, northeasterly along West Seventh Street to Homer 5treet, southeasterly along Homer Street to Shepard Road, southwesterly along Shepard Road to the point of the beginning. 4349 (c) 4350 4351 4352 4353 4354 (d) 4355 4356 4357 4358 4359 4360 4361 Interpretation and definitions. The provisions of this sigi plan are supplementary to the provisions of 4he-zaning - couc� oChapter 66, encnica"Signs u Provisions of this sign plan that are more resh than the provisions oF eChaptzr 66 shall prevail and supersede provisions in eChapter 66. All other provisions of eChapter 66 of the zoning code shall conrinue to apply to signs in the Shepard Davem Special Sign District. All words and terms shall be defined as in this sign plan and in eChapter 66 a€tke zaxring-e�de. General sign restrictions. Signs within the Shepard Davern Special Sign District shall be subject to the following restrictions: (1) No advertising signs shall be permitted, except signs on transit shelters and courtesy benches licensed or franchised by the city; (2) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be permitted, but a roof sign may idenrify the name, logo, and nature of the business carried on in the premises. (3) Business signs aze not affected by this sign plan. 4362 (e) Nonconformingsigns.RegulationofnonconfoxxningsignswithintheShepardDavernSpecialSignDistrictwhich 4363 lawfully existed prior to the effective date of this sign plan or any amendments hereto and which would be 4364 prohibited, regulated, or resh under the provisions of this plan, may continue to exist as legal nonconforming 4365 signsregulatedundertheprovisionsofsection646.300pertainingtononconformingsigns,subjecttothefollowing 4366 addirional requirements: 4367 � .: (1) No nonconforming sign shall be: a. Altered or enlarged in any way; or � ' - ; � �, 4369 b. Replaced by another nonconfornvng sign, though a change in the message will not be deemed to be 4370 a replacement; or 4371 c. Relocated to any other location in the Shepazd Davem Special Sign Dishict; or � 4372 d. Reconshuctedafterincurringdamageinanamountexceedingfifty(50)percentofitsreplacementcost 4373 at the time of the loss, as determined by the city; or 4374 e. Maintained through replacement of structural elements. 4375 (2) A nonconforming sign shall be immediately removed from the Shepard Davern Special Sign District at the 4376 cost of the owner i£ 4377 a. 4378 b. 4379 4380 c. 4381 (g) 4382 4383 4384 4385 4386 4387 4388 4389 It is an imminent danger to life or property; or It incurs damage in an amount exceeding fifly (50) percent of its replacement cost at the time of loss, as determined by the city; or Use of the sign has been discontinued for a period of three (3) consecutive months. Sign permits; administration. Whenever a pernut for a sign in the Shepard Davern Special Sign Dishict is required under the provisions of , hapter 645, a permit shall not be issued unless the plans for the sign have been approvedby the zoning administrator in conformance with this sign plan. All building permit applications for signs in the Shepazd Davem Special Sign District shall be submitted to the zoning administrator forreview and approval. A fee to cover the costs ofthe review shall be established by resolution ofthe city council. All applications submitted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provisions of this sign plan. The zoning adminish shall review the application within thirty (30) days and notify the applicant of any decision to approve or disapprove the application. Written reasons, prepared by the zoning administrator, shall accompany all application decisions. 4390 (C.F. No. 00-1018, § 1, 12-27-00) 4391 Sec:64.760: Reserved. 4392 Sec. 646.770�-]fi�'�. Downtown Area Special District Sign Plan. 4393 (a) Intent and purpose. The Downtown Special Sign District Plan, as prov7ded in secrion 6#6.zi�601 a€-thisEeck, is 4394 adopted to provide advertising sign controls that build upon the unique character and identity of the city's 4395 downtown. This sign plan is intended to: 4396 (1) Maintain and enhance the scenic view of unique architectural and natural features visible from the residential 4397 and commercial azeas of downtown; 4398 4399 4400 4401 (2) Protect and encourage inveshnent and beautificarion of downtown; (3) Reduce the clutter and chaoric diversity of advertising signage that impairs the effectiveness of signs identifying businesses and insrihxrions in downtown; (4) Create a more aesthetically pleasing fusion of residential and commercial areas in downtown; and 4402 (5) Protect property values in downtown and reflect the pride its residents, businesses and institurions place in 4403 the community. 4404 (b) The provisions of the Downtown Special District Sign Plan apply within the boundaries of the District 17 4405 Neighborhood Dishict Council but excludes those areas of District 17 which are subject to the jurisdiction of the 44�6 Capital Area Architectural and Planning Boazd as provided by Minnesota Statute 15.50. 4407 (c) Within the Downtown Special Sign Distsict, advertising signs shall be subject to the following restricrions: 44Q8 (1) No advertising signs shall be permitted except signs on transit shelters and courtesy benches licensed or 4409 franchised by the city; 4410 (2) Advertising signs within the Downtown Special Sign District which lawfully existed prior to the adoprion 4411 of this special sign plan and which would be prohibited, regulated, or restricted under the provisions of this 4412 sign plan or amendments hereto, may continue to exist as legal nonconforming signs under the provisions 4413 of Legislative Code section 66300 pertaining to nonconforming signs, subject to the following additional 4414 requirements: 4415 a. No nonconforming advertising sign shall be: 4416 4417 4418 4419 1. Altered or enlarged in any way; or 63A�� 2. Replaced by another nonconforming adveriising sign, though a change in the message on a nonconforming advertising sign will not be deemed to be a replacement; or 3. Relocated to any other location in the Downtown Special Sign District; or 4420 4. Reconstructed after incurring damage to the advertising sign display surface or advertising sign 4421 structure in an amount exceeding fifry-one (51) percent of the replacement cost of the 4422 advertising sign display surface or fifty-one (51) percent of the replacement cost of the 4423 advertising sign structure at the rime of loss, as deternuned by the zoning adminislzator; or 4424 5. Maintained through replacement of structural elements. 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 b. Any nonconforming advertising sign shall be immediately removed from the Downtown Special Sign Dishict at the cost of the owner if: 1. It is deemed unsafe or hazazdous by the Zoning Admuustrator; or 2. The advertising sign face or advertising sign structure sustains damage in an amount exceeding fifiy-one (51) percent of the replacement cost ofthe advertising sign display surface or advertising sign structure at the rime of loss; or 3. Use of such advertising sign has been discontinued for a period ofthree (3) consecutive months. (d) E ertie-Ehapter-6G [Redundant, since rhis is part of Chapter 64.] Whenever a permit for an advertising sign in the Downtown Special Sign District is required under a provisions of Chapter 64G, such permit shall not be issued unless the plans for the sign have been approved by the zoning administrator as in conformance with this sign plan. All building permit applicarions for advertising signs in the Special Sign District shall be submitted to the zoning administrator for review and approval. A fee to cover the costs of the review shall be established by resolufion of the city council. All plans submirted for zoning administrator approval shall be of sufficient detail to demonstrate that the proposed sign complies with the provision of this sign plan. The zoning administrator shall review the plans within thirty (30) days and notify both the applicant and the department of license, inspections and environmental protection of any decision to approve or disapprove the plans. Written reasons for denial shall be prepazed by the zoning administrator and shall accompany any decision to disapprove the plans. Any decision by the zoning adminisirator maybe appealed as provided in Chapter�61; Administeationa�i�l�;Enfbxe�ment . 4445 (C.F. No. O1-49, § 1, 4-18-01) 4446 - .. . - , , , . . 4447 , . . 4448 ..,. 4450 4451 4452 4453 Chapter 65. Zoning Code - Land Use Definitions and Development Standards ARTICLE I. 65.000. GENERAL PROVISIONS 4454 Sec. 65.001. Land use definifions and development standards. 4455 For the purposes of this zoning code, the land use terms defined in this chapter shall have the meanings ascribed to them 4456 herein. Where land use terxns are not specifically defined in this zoning code, they shall have ascribed to them their 4457 ordinarily accepted meanings and/or such as the context herein may imply. The standards and conditions listed for land 4458 uses in this chapter are applicable to both permitted uses and uses permitted by conditional use permit, as specified for 4459 each zonang district, unless otherwise noted. 4460 4461 4462 4463 4464 ARTICLE II. 65100. RESIDEN'TIAL USES Division 1. 65.110. Awellings �« i. . `� 4465 Sec. 65.111. Dwelling, one-family. `. 4466 A building designed exclusively for and occupied exclusively by one family in one dwelling unit. 4467 Standards and conditions in TNI-TN2 TraditionaZNeighborhoodDistricts: 0"3 •�, 0�" 4468 A new one-family dwelling shall be on a lot no more than 50 feet in width, with a side yazd adjouung residentially 4469 zoned property or property occupied with a one-, two-, or multiple-family dwelling, except that any existing one- 4470 family dwelling may be reconstructed within tcvo (2) years of the removal of the building. 4471 Sec. 65.112. Dwelling, two-family. ' 4472 A building designed exclusively for or occupied exclusively by no more than two (2} families living independently of 4473 each other in two (2) sepazate dwelling units. 4474 Sec. 65.113. Dwelling, three-family. 4475 A building designed exclusively for or occupied exclusively by no more than three (3) families living independently of 4476 each other in three (3) separate dwelling units. 4477 Sec. 65.114. Dwelling, four-family. 4478 A building designed exclusively for or occupied exclusively by no more than four (4) families livingindependently of 4479 each other in four (4) separate dwelling units. 4480 Sec. 65.115. Dwelling, townhouse. 4481 A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached 4482 horizontally in a linear arrangement, and having a-totally exposed front and rear walls to be used for access, light and 4483 venrilation. 4484 Development standard: 4485 In the RT2 Townhouse Residential District, no more than six (6) townhouse dwelling units shall be attached to 4486 form the townhouse structure. 4487 Sec. 65.116. Dwelling, multiple-family. 4488 A building, or portion thereof, designed exclusively for occupancy by three (3) or more families living independently of 4489 each other in individual dwelling units. 4490 Secs� 65:117 - 65.120. Res@i�¢�d: 4491 Sec. 65.121. Dwelling, carriage house. 4492 An accessory dwelling above a detached garage. 4493 Standards and conditions: 4494 (a).- The building planned for use as a carriage house dwelling had space originally built to house domestic employees. 4495 (b).- The applicant shall obtain a petirion signed by two-thirds of the proper[y owners within one hundred (100) feet of 4496 the applicant's property line consenring to the carriage house dwelling. 4497 (cr The applicant shall not reduce the number of existing off-street parking spaces on the property and shall also 4448 provide additional off-street parking as required for the carriage house dwelling. 4499 (d) A site plan and a building plan shall be submitted to the planning commission at the time of application. Carriage 4500 house dwellings are exceptions to one (1) main building per zoning lot requirements. 4501 Secs. 65.122 - 65.129. Reaerved: 4502 Sec. 65.130. Cluster development. 4503 The arrangement of two (2) or more dwellingunits,. either attached or defached, - 4504 ' as part�pf a svigl� devalopmantthat may inc3ude:mvfe �flian 4505 one (1) principal residential building:on a zoning lot. 4506 Standards and conditions: 4507 (a) .�hj Applications for cluster development shall include site plans, 4508 including landscaping and elevarions and other information the planning commission may request. 4509 (b) , , - ,' No unit shall intrudeing on the vertica] airspace of 4510 any other unit. o� �028 4511 (c�) The parcel shall have a minimum frontage of eighty (80) feet on an improved street -(��-�hep�ree}skaiiand meet 4512 the lot area required per unit in the zoning district. Individual lots within a cluster development may have less than 4513 the required lot area for the zoning district provided such reducrions are compensated for by an equivalent amount A514 of property owned in common elsewhere in the cluster development. Lot area shall not include areas designaYed 4515 as public or private streets, 4516 (de) �ire Structures shall confozm to the dimensionai standards for height, lot coverage, and 4517 setbacks andpazking for the zoning district. Required yazds within a cluster development may be reduced or 4518 eliminated provided required yazds are maintained along the periphery of the cluster development. 4519 (e� The design shall be comparible with the surrounding neighborhood. 4520 (fg) Individual lots, buildings, street and pazking areas shall be designed and situated to minimize alteration of the 4521 natural features and topography. 4522 Sec. 65.131. Housing for the elderly. 4523 4524 4525 4526 4527 4528 4529 4530 A mulriple-family structur , , , , in which eighty (80) percent oftvkese the occupants shall be sixty-twofive (625) years of age or over, or a multiple-familystructure owned and operated by the Saint Paul Public Housing Agency (PHA) within which over ninety-five (95) percent of tke units have no more than one bedroom and ue occupied by persons who are eligible for admission to public'housing in accordance with current federal regulations - , strcietnre. 4531 Sec. 65.132. Reuse of large structures. 4532 Conversion or reuse of residenfial shuctures of over nine thousand (9,000) square feet gross floor area and permitted 4533 nonresidential structures such as churches and schools. 4534 Standards and conditions in Residential Districts: 4535 (a) The planning commission shall find that the structure cannot reasonably be fexsibiy used for a conforming use, 4536 (b) 4537 (c) 4538 4539 (d) 4540 The planning commission shall find that the proposed use and plans are consistent with the comprehensive plan. The planning commission shall find that the proposed use and structiu alterations or additions aze compatible with the surrounding neighborhood and land uses. Parking for the new use shall be provided in accordance with the requirements of secfion 6�3.}9320Q for new structures. 4541 (e) Applications for conversion or reuse shall include a notarized petirion of two-thirds of the properry owners within 4542 onehundred(lOQ)feetofthepropertyproposedforthereuse,siteplans,buildingelevations,andlandscapingplans, 4543 and other information which the planning commission may request. 4544 4545 4546 Division 2. 65140. Muced Commercial-Residenrial Uses 4547 Sec. 65.141. Home occupation. 4548 An occupation carried on in a dwelling unit by Hre a resident thereof, provided that the use is limited in extent, incidental 4549 and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. 4550 Standards and conditions: 4551 (a)b A home occupation may include pra€essiana� small offices, service establishments --- or `vrr�ess orhomecrafts which 4552 are typically considered accessory to a dwelling unit. Such lrome ocbnpafinnsshall involve only limifedretaiIutg, 4553 by appointment only, associated wrth fine arts; crafrs or personal servioes as allowed in fhe B 1' Local Business 4554 District. 4555 (bra A home occupation shall not involve the conduct of a general retail or wholesale business, a manufacturing 4556 business, a commercial food service requiring a license, a limousine business or auto service or repair for any 4557 vehicles other than those registered to residents of the properry, and.shall not:involve.retailing except-as nated In 4558 paragcaph (a). g ��° 4559 (c) A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in 4560 detached accessory buildings or garages. 4561 (d) All home occupation activifies in dwelling units of less than four thousand (4,000) square feet of total living area, 4562 excluding a cellar and attic, shall be conducted by no more than two (2) persons, for one (1) of whom the dwelling 4563 unit shall be the principal residence. All home occupation acrivities in dweAing units of four thousand (4,000) or 4564 more square feet of totalliving area, excluding a cellar and attic, shall be conducted by no more than three (3) 4565 persons, for one (1) of whom the dwelling unit shall be the principal residence. 4566 (e) No sh alterations or enlargements shall be xnade to the dwelling for the primary purpose of conducting the 4567 home occuparion. 4568 ( fl Service and teaching occuparions shall serve no more than one party per employee at a time and shall not serve 4569 groups or classes. 4570 (g) There shall be no exterior storage of equipment, supplies or commercial vehicles associated with the home 4571 occuparion, nor parking of more than one (1) business caz, pickup h or small van, nor any additional vehicles 4572 except those for permitted employees identified under paragraph (d). 4573 (h) There shall be no detriments to the residenrial character of the neighborhood due to noise, odor, smoke, dust, gas, 4574 heat, glaze, vibrafion, electrical interference, traffic congestion, number of deliveries, hours of operation or any 4575 other annoyance resulring from the home occupation. 4576 (i) A home occupafion may have an idenrification sign no lazger than two (2) square feet in area, which shall not be 4577 located in a required yard. 4578 (j) Home occupations for handicapped persons that do not meet these conditions may be reviewed by the board of 4579 zoning appeals, which may modify or waive the requirements (a) through (g). 4580 (kj) For the purposes ofthis sectiion �> "Principal residence" shall mean the dwelling where a person has 4581 established a permanent home from which the person has no present intention of moving. A principal residence 4582 is not established if the person has only a temporary physical presence in the dwelling unit. 4583 Sec. 65142. Live-work uuitt 4584 A dwelling iiniY in: combmat'ion witli a shop, offiee;'Sfudio, or other'work space within.fhesame unit where the: resident 4585 occupant both lioes arid woiks: 4586 Standards and conditions: 4587 (a) The work space componentmust,belocated onthe fiestfloor;or basemenbofthe huild'uig, v�i#kran� entrance=facing 4588 t1�e primary abuttingpq�lic street; 4589 (b) The dwelling unit camponent mnsY_be-locfatezl above ar-behinil>tke work spa�e;.and �naintain a:separate eritrange 4590 located.on Uie &ant or si�e' facade:and accessible from thegrimary abutEing_gublic sh 4591 (c) The o£fice or business-compan8nt of the unit s4tall not.exceedtfiirty (30),peicerit of tfietotal gross floar area efthe 4592 unit. 4593 (d) A tntal of tcvo off-streetpaeking�spaces�all-be provirled:�ora ]ive-work�airit;doeated to the:re�r af the unit;,or 4594 underground/enclosed. 4595 (e) The size aud=natute af'fi�ieworle'space sflgll'lie liinited sothaftha buil$ing governed by resideritiaT 4596 building codes. An inerea�e in'size.or intensity beyond: tke.:specified limit �vould require the=building to be: 4597 classified as a mixed-nsabuilding. 4598 (fl 4599 4600 4601 4602 4603 4604 The business component of the:building:may.include offiaes; small seiviee establisl�ments; homecrafts whicflare typically considered2ecessorytoa dwelling nnit; or:Yimitedie�ailing; by app'omfinent onl� associated wifh..fine arts, crafts, ar peraonal:@ervices: °I'he business. component s3�ai1 be lunited i'o'those uses othexwise perniitted inthe district which do not requiie a sgparation from residentially zoned or occupied:properiy or other.profeeted-use. It may not inolude a wholesale fiusiness, a manufacfuring business, a commercial fuod servicereqniring a2icense, a limousine business ot aiito. service or repair for any veh[cles otheF than.those registered to residents of th� _ property. 4605 Sec. 65.143. Mixed residential and commercial use. 4606 Standards and conditions in BI -B3 Business and IR-f2 Industrial Districts: 4607 �ff v 1� Z g (aj Residential uses are limited to not more than fifiy (50) percent of the basement and first oor. The enhre upper 4608 floors may be used for residenrial use. At least fifiy (50) percent of the basement and first floor shall be devoted _ s 4609 to a principal use permitted in this district, except residenfial use. ,�` 4610 4611 4612 , 4613 . . . 4614 - . 4615 4616 , 4617 4618 4619 4620 4621 4622 Sec. 65.151. Foster home. Division 3. 65.150. Congregate Living 4623 A dwelling unit in which a foster care program licensed by the commissioner of human services or the commissioner of 4624 corrections is operated in the principle residence of the license holder. 4625 Development standards: 4626 In B 1, B2a�-B3 Business ,and:IR-I2 Ipdustrial Districts, the use shall be within a mixed-use building. In B4 and 4627 BS Business Dislricts, the use shall be within a multiple-family building. 4628 Sec. 65.152. Freestanding foster care home. 4629 Adwellingunitinwhichafostercareprogramthatislicensedbythecommissionerofhumanservicesisoperatedinother 4630 than the principle residence of the license holder. 4631 4632 Development standards: See Sec. 65.151. Foster home. 4633 Sec. 65153. Community residential facility, licensed human service. 4634 One (1) main building, or portion thereof, on one (1) zoning lot where one (1) or more children or persons with mental 4635 retardarion orrelated condirions, mental illness, chemical dependency orphysical handicaps reside on a 24-hour-per-day 4636 basis under the auspices of a program licensed by the Minnesota Department of Human Services to provide lodging in 4637 conjunction with monitoring, supervision, treatment, rehabilitarion, habilitafion, education or training of the residents 4638 of the facility. 4639 This definition does not include: 4640 (1) Foster homes or freestanding foster homes as defined in �`- - ocaon-'"v:z"v'o-vi this code; 4641 (2) Residenrial treahnent prograsns physically located on hospital grounds; 4642 (3) Regional treatment centers operated by the commissioner of human services; 4643 (4) Licensed semi-independent living services for persons with mental retardation or related conditions or mental illness, 4644 if the license holder is not providing, in any manner, direct or indirect, the housing used by persons receiving the service. 4645 - 464b . 4647 , - 4648 4649 - 4650 . 4651 , 4652 4653 Standards and conditions ' - - � 4654 � . , t 4655 (a) �t The facility shall be'_=::.._�.� a minimum distance of one thousand three hundred twenty (1,320) radix� feet 4656 from anodiersinri�ar any other licensed community residential facility, emergency housing facility, shelter for 4657 battered persons with more than four (4) adult facility residents, overnight shelter, or transitional housing facility 4658 with more than four (4) adult facility residents, except in B4-BS Business Districts where it shall be at least six 4659 hundred (600) feet from any other such facility. 4660 (b) In RL-RTl Residential Districts, the facility shall serve six (6) or fewer facility residents. In RT2 Residential, 4661 TNl-T'N3TraditionalNeighborhood,OS-B3BusinessandIR-I2IndustrialDistricts,thefacilityshallseroesixteen 4662 (16) or fewer facility residents. 4663 (c) In residential districts, a conditional use permit is reguired for facilities serving seven (7) or more facility residents. 4664 - 4665 (d) In B4-BS Business Districts, the - � facility shall be irx� 4666 located in a mulriple-family structure. 4667 - , 4668 , , 4669 �isarclinghetts�sr 4670 a(e) Except in B4-B5 Business Districts, faciliYies serving seventeen ( I7) or more facxlity residents shall ha�e a 4671 minimum lot area of five thousand (5,000) square feet pIus one 4672 thousand (1,000) square feet for each addifiarrxk guest room inexcess of two (2) guestrooms, andone (1) off-street 4673 parking:spacaforeueLgtwo:(2)�facifityresideiits. 4674 . - . 4675 . ty 4676 , 4677 . 4678 4679 , - > 4680 , , � 4681 . 4682 , . 4683 Sec. 65.154. Community residential facility, licensed correctional. 4684 One (1) main building, or portion thezeof, on one (1) zoning lot where one (1) or more persons who are placed there by 4685 a court, court services department, pazole authority or other conecfional agency having dispositional power over persons 4686 charged with or convicted of a crime ar adjudicated delinquent reside on a 24-hour-per-day basis under the care and 4687 supervision of a residential prograin licensed by the Minnesota Department of Correcrions. 4688 This definition does not include: 4689 (1) Licensed foster care homes serving persons under eighteen (18) yeazs of age in the principal residence of the license 4690 holder; 4691 (2) Municipal, county or regional jails, workhouses, juvenile detention facilities, or state correctional facilities operated 4692 by the commissioner of corrections. 4693 Standards and conditions ' - - . 4694 (a) Preliminary licensing review by the Nlinnesota Department of Corrections. 4695 d(b) The facility shall be a minimum distance of one thousand three hundred twenty (1,320) feet from any other licensed 4696 eaReetiana� community residential facility, 4697 , emergency housing facility, - 4698 slialter;forbattered€pgrsons �vithmore:tlian four(.4}aduir 4699 facility residents, ovemight shelter, or transitiona] housing facility with more than fou (4) adul faciTity�residents, 4700 except in B4-BS Business Dish�icts where it shall be at least s� hundred (600) feet from any other such facility. 4701 g(c) Except in B4-BS Business Districts, the facility 3t shall not be located in a planning district in which one (1) percent 4702 or more of the population lives in licensed immaasercriee community residential faciliries, ' 4703 , emergencyhousing 4704 facilities with more than four (4) aduk facility residents, ave�ers shelters for battered persons, ovemight 4705 shelters, and/or transitional housing facilifies with more than four (4) adult facility residents. 470b b(d) The facility seroes no more than sixteen (Ib) facility residents, except in B4-BS Business Districts where it shall 4707 serve no more than thirty-two (32) facility residents. 4708 a(e) It shall - occupy the entire 4709 stnxcture. 4710 e(fl Except in B4-BS Business Districts, the facility shaIl have a the minimum lot sizt is area of five thousand (5,000) 47ll squaze feet plus one thousand (1,000) squaze feet for each guest room in excess of two (2) guest rooms, and one 4712 (1) off-street parking space for every two (2) facility residents. 4713 . . 4714 . 4715 , 4716 permitareme� 4717 ��u: -' '- ' -'..� - ,, , n� „ � — ^- � � �- 4718 . - . 4719 . , 4720 , , 4721 , - . 4722 . . 4723 , , 4724 . 4725 , > . 4726 Sec. 65.155. Community residential facility, health department licensed. 4727 One (1) main building, or portion thereof, on one (1) zoning lot which is licensed by the commissioner of health as a 4728 rooming and/or boardinghouse and receives fifty (50) percent or more of its residents under a contract or other 4729 arrangement with the state or a local government human services agency to provide lodging for people who are mentally 4730 ill or chemically dependent. 4731 Standards and conditions ' - - 4732 . 4733 (a)� The facility shall be a minimum distance of one thousand three hundred twenty (1,320) radix} feet from aby other 4734 }�ealtii deparinrer� licensed community residenrial facilityies, emergency housing facilityies, ,:�isiaormi ��vasuxg 4735 ar shelters for battered persons cvithmarethan faur (4)�adult Pacifity tesidenfs, � 4736 overnight shelters, or-transitiz3nal 4737 housingfa�ility�vithmnretlian�four(4)adnitfaeilityresidetits;.exceptinB�1=BS��BusinessDistcibfswhere�ite1ia11 4738 be at least six hundred (600) feet from�any�other such faci�iiy. 4739 (b)€ ExceptanB4-BSBusiri�ssDisCcicts;diefacilityitshallnotbelocatedinaplanningdistrietinwhichone(1)percent 4740 or more of the popularion lives in licensed �rserviee community residential facilities, " 4741 - , emergencyhousing 4742 faciliYies,even�ssheltersforbatteredpersonswithmoiethanfoui(4)adultfacilityresidents 4743 shelters, and/or transitional housing facilities with more than.fanr (4) adult facility residents. 4744 �(c) The facility shall serves no more than sixteen (16) adult facility residents and minor ctuldren in their care, except 4745 in B4-BS Business Disiricfs where it shail serve no more than thirty-rivo (32):total faciliry residents. 4746 a(d) The facility 3t shall not be located in a two-family or mulrifamily dwelling unless the faei3itq it occupies the entire 4747 structure. 4748 e(e) Except in B4-BS Business Districts, the facility shall have a minimum lot s'rceis azea�of fiv 'th�s�id (5,000) 4749 square feet plus one thousand (1,000) squaze feet for each qguest room in excess of two (2) guest rooms, and one 4750 (1) off-street pazldng space for every facility resident. 4751 . 4752 4753 ar�met 4754 - 4755 . 4756 . - . 4757 . - 4758 , , ce 4759 " , � . 4760 . 4761 . 4762 4763 Sec. 65.156. Emergency housing facility. 4764 One (1) main building, or portion thereof, on one (1) zoning lot where persons who do not have housing live on a 24-hour- 4765 per-day basis until more permanent an can be made, but generally for no longer than thirty (30) days. 4766 Standards and conditions: 4767 See Sec. 65.1 SS. Community residential faciliry, health department licensed, standazds and conditions (a)-(e). 4768 Sec. 65.157. Overnight shelter. 4769 One (1) main building, or portions thereof, on one (1) zoning lot where persons receive ovemight shelter, but are not 4770 expected or permitted to remain on a 24-hour-per-day basis. 4771 Condition: 4772 The facility shall be a minimum distance of six hundred (600) feet from any other overnight shelters, licensed 4773 �uma�rservite community residenrial facilityies, 4774 - ,trdns'ttianaHmnsi�emexgeneyhousing;facility,sheltersfor 4775 batteredpexsonswitlirriore�thasi£our(4)'adu]t`�acilityresiden�s, oz:fCansifionaJ�hoiising 4776 facilitywitti�moretfian'four(4).ailulffac7ifyresidenf�. 4777 Sec. 65.158. Shelter for battered persons. 4778 One (1) main building, or portion thereof, on one (1) zoning lot where adults and children who have suffered assault or 4779 battery live on a 24-hour-per-daybasis for a period of time generally not to exceed thirty (30) days and are served by a A780 program certified by the Minnesota Deparhnent of Conections. A781 Standards and conditions for shelters for batteredpersons serving more than four (4) adult facility residents and minor 4782 children in their care: 4783 (a) In Residential, TNl-T�� Tiaditional?Jeighbg�hood and,OS-B2 Business-Diatriots a�conditional.use permiY°is=- 4784 required for facilitiesserving moxe lhau fourk4).adult facility. residents andminorehildrem in th�u care, 4785 (b)a Tn Residential Distsic�s tlie facilityies shall be 3aeatec� a minimuxn distance of one thousand three hundred twenty 4786 (1,320)feetfromanyothersheltersforbattered:personswithmorethan:four(4);adultfacilityresidents,h�kiaxa� 4787 i�vusim�--faei}ities licensed �mrserviee community residential facilit}�ies, ' 4788 :�, ' `= emergency housing facilityies, - 4789 or ovemight shelters, ortransifional housing faoility with more than four'(4) adnit facility xesidents. 4790 (c) ExceptinB4-BSBnsinessDisfricts,thefacility�tshallnotbelocatedinaplanningdisri 4791 or more of the populafion lives in licensed � community residenrial facilities, 4792 - , emergency housing 4793 facilities,evemig�ttshehcrssheltersforbatteredpersonswithmoretfianfour(4)adulffacilityresid0nts,overnigJit 4794 shelters, and/or transirional housing facilities with more than.four (4) aduitfacility residenfs. 4795 (d) In RLrRT2 Residential;_TNI-fiN3 Traditional NeighborHood� OS-B3 Businessand IR- I2IndustrialDistricfs fhe 47_96 facility shallserve srxteen`{1'6):or.fewer.:aeiult andmiiiore�iildren:intfieii care. 4797 (e)b The facility �t shall not be located in a two-family or mulrifamily dwelling unless 8ie�aeiiit�it�0��s the entire 4798 structure. 4799 . 4800 . 4801 - , 4802 , , , 4803 �oardnzg3mttses- 4804 (f7a In residential districts, faciliries serving seventeen (17) or more facility residents shall have a minimum lot azea 4805 of five thousand (5,000) square feet plus one thousand (1,OQQ) 4806 squaze feet for each additioirai guest room in excess of rivo (2) a est rooms, and one (1) off=street pazking space 4807 for every two (2) facility residents. 4808 . - . 4809 4810 . 4811 4812 , 4813 - , , 4814 . 4815 Sec. 65.154. Transitional housing facility. 4816 One (1) main building, or portion thereof, on one (1) zoning lot where persons who may or may not have access to 4817 traditional or permanent housing but are capable of living independently within a reasonable period of time, generally 4818 about eighteen (18) months, reside on a 24-hour-per-daybasis for at least thirty (30) days and participate in appropriate 4819 program activities designed to facilitate independent living. 4820 Standards and conditionsfor transitional housingfacilities serving more than four (4) adultfacility residents and minor 4821 children in their care: 4822 (a) In Residential, TNl-TN3,1'cailitional Neigflborhoodand.OS-B2 $usiness=DistricYs,a,conditit�naluse;gerniit:is 4823 required for facilities fhanfour (4J�adultfacitity minar childreain their�care. 4824 (b)a In RL RT2 RzsidentialDistcict's th� facilityies shall be iaeatee� a misrimuxndistance of one thousand three hundred 4825 twenty (1,320) feet from any other transitional housing facilityies witfi morethan four (4) adujt?facilityresidenfs, 4826 skelter� licensed iiuman-serviee community residential facilityies, 4827 °- — ra�aaios emergency housing facilityies, - shelter:£or 4828 battered personswith `more than`four:(4) adulYfacility re'sidents, ar overnight shelters. �:' . : . .. : .. ' . 1 .. .:• . .. . . ' . . ': . . . - . . - - • '� . - - '' . - : : . .. ' : � . '. � ' : . . .. .: . �: . 4837 4838 4839 4840 4841 (c� Except in B4-BS Busirtess Districts, thefacility3t shall not be located in aplanning district in which one (1) percent or more of the population lives in licensed i:mrrmrserviee community residential facilities, '__.�:_��� ��: _ �:�__�: 4842 (d) 4843 4844 - , emergency housing facilities, ave� shelters for battered persons wifli more tlian fdur ('4) adult facilityresidents; overriiglit shelters, and/or transitional housing faciliries with more: fhan.four (4) aduIt=facility residents. In RI,-RTl Residential Districts, the facility sTiaYl serve six (6) or fewer adnlffacility resizlerits artd minor ch�Tdren in their cara. In &T2 Rasidenfiai;�TNl TI33 3'raditional Neighborfioad; OS-B3 Business andIR=T2 Indashial Districts, the faciFity shall<serae sixteen (16) or.fewer adul�facilitq resid8nts andminor children 3n thBu� eare. 4845 (e)a In RL-RT2'Residential Districfs the facility �t shall not be located in a two-family or mulfifamily dwelling unless 4846 tke�aci}ity it occupies the entire structure. 1 . ':� �- � � • -- .. ., �- . . .-. . � �-: ;s� ':�: :.. . . . .;.. .. .• - �: i ;�. . •� . , . ., . -- ' � - • - - . . - . � - - '� - • - 0 ': ' . - .� •- � ....�.� . -.- .- . . ... - . - ': - �. .. -. . -• .� - ': � -.- - -: � - ..-. - .• - . ': .:- - -. -.. - . - -. - - 4858 . 4859 a . 4860 - , 4861 , , 4862 �rdingimns�sr 4863 (g)a In Residential Districts, facilities serving seventeen (17) or more facility residents shall have a minimum lot area 4864 of five thousand (5,000) square feet plus one thousand (1,000) 4865 ' square feet for each - 'aaaii-i - o,rai guest room in excess of two (2) guest rooms. 4866 . . 4867 Secs. 65.160 - 65.169. Reserved. 4868 Sec.65.170. Boardinghouse. 4869 Any roominghouse which provides meals to its roomers. 4870 Sec.65.171. Roominghouse. 4871 (1) Any residential structure or dwelling unit, supervised or not, which provides living and sleeping arrangements for 4872 more than four (4) unrelated individuals for periods of one week or longer; or 4873 (2) Anyresidential shucture or dwellingunit whichprovides singleroom occupancy (SRO) housing as defined in CFR 4874 Section 882.102 to more than four (4) unrelated individuals; or 4875 (3) Any building housing more than four (4) unrelated individuals which has any of the following chazacterisrics shall 4876 be considered and regulated as a roominghouse: 4877 4878 4879 4880 4881 4882 � � [� e. Rental arrangements are by the rooming unit rather than the dwelling unit. Rooming unit doors are equipped with outer door locks or chains which require different keys to gain entrance. Kitchen facilities may be provided for joint or common use by the occupants of more than one rooming unit. Rooming units are equipped with telephones having exclusive phone numbers. Rooming units are equipped with individual intercom security devices. 4883 £ Each rooming unit has a separate assigned mailbox or mailbox compariment for receipt of U.S. mail. 4884 Standards and conditions, except in B4-BS Business - ' Districts: 4885 (a) A minimum lot area of five thousand (5,000) square feet plus one 4886 thousand (1,000) square feet for each additiorr�t guest room in:excess'af two (2).guest rooms. 4887 (b) One (1) off-street pazldng space for every two (2) facility residents. 4888 Secs. 65.172 - 65.179. Reserved. 4889 Sec. 65180. Assisted living.. 4890 A facility ticensed by the Minnesota Department of Health where individualized home ca e aide I � c� Sr home 4891 management services are provided to residents either by the management or by providers under contract with the 4892 management. E 4893 Standards and condztions: ' 4894 See Sec. 65.182. Nursing home. 4895 Sec. 65.181. Boarding care home. 4896 A building or structure where aged or infinn persons reside on a twenty-four-hourbasis in order to receive custodial care 4897 and related personal services; for purposes of this code, the same as a nursing home. 4898 Sec. 65.182. Nursing home. 4899 A building or structure where aged or infimi persons reside on a twenty-four (24) hour basis in order to receive nursing 4900 care and related services. 4901 Standards ann' conditions: 4902 (a) The yard requirements for multiple-family use in the district apply. 4903 (b) InTraditionalNeighborhoodDevelopmentDistricts,afacilitylocatedwithinapredominantlyresidentialormixed- 4904 use azea shall haue direct access to a collector or higher classification street. 4905 (c) In Tradirional Neighborhood Development Districts, the site shall contain a minimum of one hundred fifty (150) 4906 squaze feet of green space per resident, consis6ng of outdoor seating areas, gardens and/or recreational. facilities. 4907 Public parks or plazaswifhin three hundred (300) feet of the site may be used to meet this requirement. 4908 Sec.65.183. Hospice. 4909 One (1) main building, or portion thereof, on one (1) zoning lot in which terminally ill persons live in arder to receive 4910 appropriate Medicare-certified hospice services. 4911 Standards and conditions.• 4912 (a) A conditional use peiniit i� required for hospic8s serving seyeXiteen (17),ox itiare facility.xesidents. 4913 (b) InRL-RT1ResidentialDistricYs;thefacilityshallservesix(�o�fewerfacility In.RT2=RM1Residemial 491A and OS-B3 Business 'Districts,'the.facility sfia7l.serve si�teen (16) orfewex:facilifyresidents. 4915 (c) The yard requiremenks>for.multiple-family use:in�the distric,�appl� 4916 Secs. 65.184 - 65.189. Reserved. 4917 Sec.65.190. Dormitory. 4918 A building designed for or used as group living quarters for students of a high school, college, university or seminary, 4919 organized and owned by a high school, college, university or seminary. 4920 Standards and conditions: 4921 (a) In Residential and TN�1,Tsaditional N@ighborkood Districts is requiredforaff-camprts 4922 donnitories. 4923 (b) The usa must be wi�tiin iwo hpndred�fifry (250) feet of the=campus�of the:insrituflon iC°s�rves,.for a college 4924 university, seminary ocother such insfitution o£higher.learningas establishedin.aconditional us� permif: �In RL- 4925 R4 Residential Districts,'the nse shall be onffie-campus. 4926 (c) The. yard requirements for multipla-family use in the district apply when thause is not Iocafed an a_ eampns . 4927 established in a conditional.use.permit. 4928 Sec. 65.191. Fraternity, sorority hens�. 4929 A building used as group living quarters for students of a college, university or seminary, who are members of a fraternity 4930 or sorority that has been officially recognized by the college, university or seminary. 4931 Standards and conditions: 4932 (a) In Residential and T'1V1 Traditional Neighborhood Districts, a condirional use permit is required for off-campus 4933 fraternities and sororities. 4934 (b) 4935 4936 (cra 4937 4938 The use must be within two hundred fifty (250) feet of the campus boundary as estab'I'isTed in��k�dKional use permit for the institurion it serves. In RL-R4 Residential Disiricts, the use shall be on the campus. � If it is outside of the campus boundary, the prapase� use mustbe located in an�isting structure designed and built as a one- or two-family dwelling carit or new shucture that meets the height, density and setback requirements for a two-family dwelling . ,. . .: .. -. .. .. . - ...� �: . .. _ . � . :. . . . . . .�.: . . , .. . .• ., r �. • . .... 4945 4946 4947 ARTICLE III. 65.200. CIVIC AND INSTITUTIONAL USES Division 1. 65.210. Educational Facilities 4948 Sec. 65.211. Aay care. 4949 The care of one or more children on a regular basis, for periods of less than twenty-four (24) hours per day, in a place 4950 other than the child's own dwelling unit. Day care includes family day care, group family day care and group day care, 4951 as hereinafter defined. 4952 (1) Family Day Care. A day care program providing care for not more than ten (10) children at one time, and which 4953 is licensed by the county as a family day care home. The licensed capacity must include all children of any 4954 caregiver when the children are present in the residence. 4955 (2) Group Family Day Care. A day care program providing care for no more than fourteen (14) children at any one 4956 time of which no more than ten (10) are under school age and which is licensed by the county as a group family 4957 day care home. The licensed capacity must include all children of any caregiver when the children aze present in 4958 the residence. 4959 (3) Group Day Care. A day care program providing care for more than six (6) children at one time and licensed by 4960 the state ar the city as a group day care center. Group day care includes programs for children Irnown as nursery 4961 schools, day nurseries, child care centers, play groups, day caze centers for school age children, after school 4962 programs, infant day caze centers, cooperarive day care centezs and Head Start programs. 4963 Standards and conditions: 4964 (a) In RL-R4 Residential Districts, group day care for.�ore thamtwelve (12) chlldren:atone; time shall be located in 4965 a nonresidential structure formerly occupied by a church, school or similar facility. In industrial districts, group 4966 day care shall be accessory to a principal use permitted in the district. 4967 (b) A fence at least three and one-half (3 %z) feet in height shall surround all play azeas located in a front yard or 4968 adjacent to a public or private street. 4969 Sec. 65.212. 5chool, grades K-12. 4970 Development standaYd.• 4971 The school shall offer couzses in general education, and shall not be operated for profit. 4972 Secs. 65.213 - 65.219. Reserved. 4973 Sec. 65.220. College, university, seminary, or similar insfitution of higher learning. 4974 An institution for post-secondary educafion, public or private, offering courses in general, technical, or religious 4975 educafion and not operated for profit, which operates in buildings owned or leased by the institution for administrative 4976 and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, 4977 athlefic faciliries, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit. 4978 Standards and conditions except in $S�3 B4-BS Business Districts: 4979 . , , •:1 ..; ,.; ..• �.•� ..; ..; . ; ..:: When an mstitution is established __`��, theinstitutian it shall beree�uired4b p�ovid9.fl� itsir.0�umnumber of off-street parking spaces required by this code , , . The insritution shall be required to provide additional pazking spaces only �qhen the minimumnumUer of pa,king spaces will have to be increased due to a more than ten (10) percent or three hundred (300) gain in the total nu�nber of employees, staff and vr students, whichever is less. Thereafter, additional pazking spaces will have td be provided for each subsequent gain of more tt�an ten (10) percent or three hundred (300) in the total number of employees, staff or students; aa�-e. To determnie compliance with parldng requirements in ite:xr�s. the insritution must file an annual report with the planning adminish stating the number of employees, staff and students associated with the insritution. ..:• .� . 4990 (b}f A theater, auditorium or sports azena located on a college, university or seminary campus must provide off-street 4991 parking within six hundred (600) feet of the building to be served as measured from a principal entrance to the 4992 building to the neazest point of the off-street pafldng facility, and also provide the number of pafldng spaces 4993 specified in section 63�200-t93. The plam�ing commission, after public hearing, may determine that the existing 4994 parking provided by the insritufion for students, employees and dormitory beds meets this parking requirement 4995 based upon the following: 4996 4997 ...� ... (1)- The spaces are within six hundred (600) feet of the building they are intended to serve, as measured from a principal entrance to the building to the nearest point of the off-street parking lot; and (2): It can be demonstrated by the institution that the spaces are not needed by students and employees during rimes when events attracting nonstudents and nonemployees are to be held. 5400 Additional standards and conditions in Residential Districts: 5001 (c)a The campas boundary as defined under subparagaph d(fl below at some point shall be adjacent to a major 5002 thoroughfare as designated on the major thoroughfaze plan. 5003 (d� Buildings shall be set back a minimum of fifty (50) feet from everyproperry line, plus an additional Lwo (2) feet 5004 for every foot the building's height exceeds fifty (50) feet. 5005 (e� On a campus of five (5) acres or more, no building shall exceed ninety (90) feet in height; on a campus smaller than 5006 five (5) acres, no building shall exceed forty (40) feet in height. 5007 ( fl� The boundaries of the institution shall be as defined in the permit, and may not be expanded without the prior 5008 approvaloftheplanningcommission,asevidencedbyanamendedspeeig}conditionalusepermit.Thecampusthat 5009 is defined by the boundaries shall be a minimum of three (3) acres, and all property within the campus boundaries 5010 must be contiguous. 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 The applicant shall submit an"anticipated growth and development statement" for approval of a new or expanded campus boundary, which statement shall include but not be limited to the following elements: (1) Proposed new boundary or boundary expansion. (2) Enrollment growth plans that include planned or anricipated maacimum enrollment by major category (fizll- time, part-fime, undergraduate, graduate) over the next ten (10) yeazs and also the anficipated maximum enrollment over the next twenty (20) years. (3) Plans for parking facilifies over the next ten (10) years, including potential locations and approximate rime of development. (4) Plans for the provision of additional student housing, either on-campus or off-campus in college-controlled housing. (5) Plans for use of land and buildings, new construcfion and changes affecting major open space. (6) Ananalysisoftheeffectthisexpansion(ornewcampus)willhaveontheeconomic,socialandphysicalwell- being of the surrounding neighborhood, and how the expansion (or new campus) will benefit the broader community. Approval of a new or expanded campus boundary shall be based on an evaluation using the general standards for speeia� conditional uses found in section 61#.3500, and the following criteria: 5027 (i) Anticipated undergraduate student enrollment growth is supported by plans for student housing that can be 5028 expected to prevent excessive increase in student housing demand in residenrial neighborhoods adjacent to 5029 the campus. F' 5030 5031 5032 5033 5034 5035 :� (ii) Potenrial pazking sites idenrified in the plan are generally acceptable in terms of possible access pomts and anticipated traffic flows on adjacent streets. ( � a °� n A (iii) Plans for building construction and maintenance ofmajor open space azeas intiic2te a s�n�iti�t}E�o adjacent development by maintaining or providing adequate and appropriately located open space. (iv) The proposed new or expanded boundary and the "anricipated growth and development statement" are.t�ot in conflict with the city's comprehensive plan. � 5036 (g)e The insritution shall not exceed by more than ten (10) percent or three hundred (300), whichever is less, the student 503"7 enrollment, staff and employee size and/or dormitory bed levels identified 'm the permit unless required off-sh�eet 5038 parking is provided and approved by the commission. 5034 . 5040 - 5041 , . 5042 � , . , 5043 5044 . 5045 5046 5047 Division 2. 65.230. Social, Cultural, and Recrearional Faciliries 5048 Sec. 65.231. Cemetery, mausoleum. 5049 Condition in ResidentiaZDistricts: 5050 The use shall have rvhiek lawfully occupied i� the:properiy at the time of adoption of this code. 5051 Sec.65.232. Club. 5052 An organization ofpersons for special purpose or for the promulgation of sports, arts, sciences, literature, politics or the 5053 like, but not operated for profit, excluding churches, synagogues or other houses of worship. 5054 Sec. 65.233. Golf course. 5055 Startdards and conditions: 5056 (a) The site shall be so planned as to provide principal access directly onto or from a majar thoroughfare�s�esi�rnte� 5057 .[in defmition] . � and to achieve a relationship 5058 betweenthemajorthoroughfareandanyproposedserviceroads,entrances,drivewaysandparkingareas 5059 that encourages pedestrian and vehicular traffic safety. 5060 (be) Development features, including the principal and accessory buildings and structures, shall be sa located and 5061 related so as to minimizethe possibilities of any adverse effects upon adjacent property. All principal or accessory 5062 buildings or structures shall be situated at least two hundred (200) feet from any property line abutring residentially 5063 zoned or used lands; provided, that where topographic conditions are such that buildings would be screened from 5064 view, the planning commission may modify this requirement. 5065 (c�) In residential distri6ts; the course shall consist of at leastnine (9) holes and shall not include drivingranges, "pitch 5066 and putt" miniature golf courses. 5067 (de) Golf courses shall not be lighted for night use. 5068 Sec.65.234. Museum. 5069 Standards and condztions: 5070 (a) In the TNl Traditional.Neightioihocrd Distiict a conditional use permit is required.for museums of more than 5071 l0,OQ0 squaze feet in:grossflociz.azea.. 5072 (b) InTraditionalNeighborhbod Districts, a museum located within a predominandy residential or mixed-usa area:shall 5073 have.direct aecess to a collector or hig6er classification street. 5074 Sec. 65.235. Recreation, noncommercial. 5075 Recreational ueas including private, noncommercial recreation areas, institutional, municipal or community recreation 5076 centers, and nonprofit swimming pool clubs. 5077 Standards and conditions in Residential Districts: o� y Q 1 5078 (a) The proposed site for any of the uses permitted herein shall have at least one (1) property line a u�ng a major 5079 thoroughfare [in definition], and the site shall be so planned as to 5080 provide principal access directly to said major thoroughfaze. 5081 (b) AIl yards shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy 5082 condirion. There shall be no parking or sh permitted in these minimum yards, except required enh�ance 5083 drives and those walls used to obscure the use from abutting residenrial dishicts. 5084 (c) 4Vhenever a swimming pool is conshucted under this subpazagraph, said pool azea shall be provided with a 5085 protective fence, six (6) feet in height, and entry shall be provided by means of a controlled gate. 5086 5087 5088 5089 Sec. 65.271. Rectory, parsonage. 5090 Condition: Division 3. 65.250. Religious Insriturions 5091 The use shall be associated with a church, chapel, synagogue, temple or other similaz house of worship. 5092 Sec. 65.272. Convent, monastery, religious retreat. 5093 Condition in Residential Districts: 5094 The use shall be associated with a church, chapel, synagoa e, temple or other similar house of worship. 5095 5096 ARTICLE IV. 65300. PUBLIC SERVICES AND UTILITIES 5097 5098 Sec. 65.310. Antenna, cellular telephone. 5099 A device consisting ofa-metal, carbon fibre, or other electromagnetically conductive rods ar elements, usually arranged 5100 in a circular azray on a single supporting pole or other structure, and used for the transmission and reception of radio S 1Q1 waves in wireless telephone communications. 5102 Standards and conditions: 1 .: - . . . . : .: 1 - - - - • - - .: :. .� 1 .,. - - - - - � � ' - .�nK�ui.�e�inr.e�.ei i6ndiim:�winua4:,�r.ia�ii:i�imi�nvn ' ' " " ' ' 5107 5108 5109 5110 5111 (a) In Itesiderit'ra] D.istricfis,;a condi#ianal tise perrnit is'reqtiiired for ce11u1az telephoi�e arifannas aii a residential; strncture less than.sixty (60) feat high: In Resid'ential; Tradifional:Neigliboiliood andBusiness Dtstr[cts, conditional:use permit=is:required:£orcellular telephone;anteniias on afreestanding pole exceptfor exisfing'ufi poles. In Residential:and Traditional Neigfibarhood Districts; existing:utility poles to which cellnlar telepho antennas are atta�hed _shall be.at-least si�zty.(fz0) £eet high. 5112 (b)a: hiResidential,TraditionalNeighboxhood;andOS-B3�andB�Bvsiness�DistLieEs;theantennasshallnotextendmore 5113 than fifteen (15) feet above the structural height of the structure to which they aze attached. 3n B4 Bnsiness ani3 5114 Induslrial Districts, the antennas sball not extend.more than.fnxty (40)� feec above the smtetarat haFght of tha � 5115 shvctare to whYch they� area aitiached. 5116 . 5117 . 5118 . . 5119 , 5120 . , . 5121 B�j , 5122 . 5123 (c)a: For antennas proposed to be located on a residential structure less than sixty (60) feetlii� in R�s�ffi1a�istricts, 5124 or on a new freestanding pole in Residential, Traditional Neighborhood, and Business Districts, the applicant shall 5125 demonstrates that the proposed antennas cannot be accommodated on an e�sting freestanding pole, an existing 5126 residential structure at least svcty (60) feet high, an existing insfitutional use structure, or a business building within 5127 one-half (%z) mile radius of the proposed antennas due to one (1) or more of the following reasons: 5128 5129 5130 5131 5132 (1� The planned equipment would exceed the structural capacity of the existing pole or sh (2} The planned equipment would cause interference with other e�sting or planned equipment on the pole or structure. (3} The planned equipment cannot be accommodated at a height necessary to function reasonably. (4} The owner of the existing pole, structure or building is unwilling to co-locate an antenna. � ��\�lS���4�1���rATl�r����lU4A\4O�I����I�1l�lll�r����1�4R�1���w1�1�3�1���U1'I�111�I�1�1I1��14���r���19!'J��R�l�ll�l�l�lll\�I�111��1�14�119��19��11�1�1`I 5134 � [Duplicates (b) above.] - . . . . . .. . .. . ... . • . . � . . � . - �- . . �� . . ' . . .. . .. . ` . 0. - .- . .. •.. :.. .. '� � - .- . 1 .: . . . . - . . � . � . . ..: . . .. . ' : . ... � . : . . : • :.. : :.: . .: . �� � . . � . .: . , �: . : � . � : . : :.: • : :. 5149 . , - . [Duplicates (c).] 5150 (d)bc InResidential,TradifionalNeighborhoo'dandBusinessDistridfs;ce11u1arfekephoneanYennasto:be(ocatedori=anew 5151 freestandinenoleazesn6iectto€the'follow`mestandazds`and'condifionsi 5152 (1) 1"he freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that 5153 the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. 5154 Freestanding poles may exceed the above height limitby twenty-five (25) feet if the pole is designed to carry 5155 two (2) antennas. 5156 (2) e Antennas shall not be located in a required front or side yard and shall be set back one (1) rimes the height 5157 of the antenna plus ten (10) feet from the nearest residential structure. 5158 (3) rk The antennas shall be designed where possible to blend into the surrounding environment through the use 5159 of color and camouflaging architectural treahnent. Drawings or photographic perspectives showing the pole 5160 and antennas shall be provided to the planning commission to determine compliance with this provision. 5161 . 5162 ea�mnissiarr. [Duplicates ( fl below.] 5163 . . [Duplioates (g) below,] .� .: . � .. . .. : .. .• :. :.. � . . �• 5167 (4) ir. In Residential and Tradi6onal Neighborhood Districts, the pole is-laeate� shall 5168 be on institutional use propeRy at least one (1) acre in area. Tn Business Districts, the zoning.lot on which 5169 the pole is locafed shall be within bontiguoixs property with OS or las's restrictive zoning atl'aast qne'(1) acre 5170 in azea. . ..- . ! � ' ,- . ... .. .- . � . ... . . . ... .. .. ,� ... . , . . � . . �� ... - - . � . �.. . ... . . � ,. . .: . .- �..: : . .: = � - -� � . .�� ..� .: - � . �. . .. . - � -� � .�� � ... ' .: • . .. . :. . . '1 � . :..• . : . . ... ' . . . . . . . . � . .. . ... . . : . � . - �_ �� - •� '� � .- i - i � • •' •��i � • r• ��- ' _ _ ' _ _ _ _ . _ _ _ _ . _ . _ . _ _ _ _ _ _ _ " . _ _ _ _ _ _ _ ' _ _ •� r � •• i� • •. �- - -- - - i • - i • - • � • • � • � � ' � " � •i - •i � - � - i - •i •• - i - i i• - -� - i � • • - • • � i � � - i i : i - - - i � • r �, _ _ _ _ _ ,�i _ _ _ _ . _ _ _ •. __ � •• _ _ _ �� • i��_ _ , _ .� • � _ _' _ _ _ , 1 � � - � � : - � - • _ - � � � � - � • " \ / • • • • � / • • - • � � Y . _ ._ .__ _ _ _ .__. . . . • � •• • ,� - •r • •� • •• � � � • • •• � •• � � _ _ _ _ _ _ _ _ . . . _ _ _ . _ _ .. _ _ _ . _ _ _ . . . _ _ _ . . •� �� •• •• • • �• � _ _ . . _ _ _ _ _ . . _ _ . . . . _ _ . . _ . . . . _ _ . l�' �` •� , � • � • � • • / \ • • 1 •� � • •♦ ' � /• •• �• • 1��• • f. _ _ _ _ . _ _ _.. . _ . _ . _ . _ . . . _ _ _ _ •• I • • • t • • • • •• � /� • � - • � • �•� • '• • , 1 � ' 1 � ' / �\ �. \� I •� ��� �• � ,� � � �•• •• � / - •• •• � � �� � '♦ • \• • \� /� �• • • • •• • ' • • • � ,� • • • • �, � • • ' •� Y__ _.._ . _ _ _ _ ._. . . _ __ _ . _ • • • /• • � • •�• •� � � � • � -� � � .�� •• � • � •� • �� � / • � •• ' • -�• � - � • 1 •11 � I� •1� 1 1 • I � •1 -�� � •• � � � �1 � •• • � •• � •I • 1 � � � 7 �€', �p f'Y Y 5218 ScV-66,56d{�9j [B3] , - 5219 . . . (Covezed in (a), (c), (d), (�, (g), and (h).] " 5220 8e�}6j I$¢7 � - 5221 . , 5222 . [Covered in (b), (� and (h).] ' 5223 See-{�A-S�#{i-�j [B4] - 5224 , . , . [Covered in (c), (d), ( fl, (g) and (h).] 5225 Se�-66:6i3f�1 [�ll 5226 , . , [Duplicates (b) above.] 5227 S� [Il] , - 5228 (e}� In Industrial Districts, �he cellular telephone antennas on a freestanding pole shall not exceed one hundred fifty 5229 (150) feet in height, shall not be located in a required front or side yazd, and shall be set back one (1) times the 5230 height of the antenna plus ten (10) feet from the neazest residential structure. 5231 ( flir. Antennas located in historic districts shall be subject to review and approval of the heritage preservation 5232 commission. 5233 (g)e: Freestanding poles shall be a monopole design. 5234 (h)� Transmitting, receiving and switching equipment shall be housed within an existing shucture whenever possible. 5235 If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, secfion 5236 633.500496, and screened from view by landscaping where appropriate. 5237 (i) . . . . Cellular telephone antennas that are no longer used for 5238 cellular telephone service shall be removed within one (1) year of nonuse. 5239 . . . - , , - - 5240 ��i6-63�3j [I3] - , 5241 6$6}�(�3j-aitd-(�$� [Covezed in (b), (e), (fl, (g) and (h).] 5242 Sec. 65.311. Antenna, pu6lic utility microwave. 5243 A parabolic dish or cornucopia shaped electramagnetically reflective or conducrive element used for Yhe h 5244 and/or reception of point-to-point i)f� or VI3F radio waves in wireless telephone communications, and including the 5245 supporting shucture thereof. 5246 Standards and condltions: 5247 (a) The antennas, transmitting towers or anay of towers shall be located on a conrinuous parcel having a dimension 5248 equal to the height of the antenna, transmitting to�ver or array of towers measured between the base of the antenna 5249 or tower located nearest to a property line, unless a qualified structural engineer shall specify in writing that the 5250 collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. 5251 (b) The prapese� installation shall meet a11 requirements as outlined under section 61�.4QD}6$, site plan review. 5252 Sec. 65.312. Antenna, radio and television, broadcast transmitting. 5253 A wire, set of wires, metal or carbon fibre rod or other electromagnefic element used to transmit public or commercial 5254 broadcast radio or television programming, and including the supporting structure thereof. 5255 Standards and conditions: 5256 See Sec. 65.311. Antenna, public utility microwave. 5257 Sec. 65.313. Antenna, satellite dish. 5258 A device incorporaring a reflective surface that is solid, open mesh, ar bar configured and is in the shape of a shallow 5254 dish, cone, horn or cornucopia. Such device shall be used to transmit andfor receive radio ar electromagnetic waves 526Q between tenestrially andlor orbitally based uses. This definirion is meant to include but not be limited to what are 5261 commonly referred to as satellite earth stations, T'VRO's (television receive only), and satellite microwave antennas. 5262 Standards and condirions: m 5263 (a) Except in Industrial Districts, commercial, private and public satellite dishtransmitting ar receiving antennas shall 5264 not exceed three (3) meters in diameter. (� -3 .��� o 5265 (b) In the Il Industrial District, a conditional use permit is required for satellite dish antennas m excess�fthree (3) 5266 meters in diameter. 5267 (c)a Satellite dish antennas shall be located on zoning lots of sufficient size to assure that an obstruction-free transmit- 5268 receive window or windows can be maintained within the limits of the property ownership. 5269 (d)h Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and 5270 screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape 5271 elements will not interfere with the transmit-receive window. 5272 (e� The prapaseek installation shall meet all requirements as ouUined under secrion 61�.400}6$, site plan review. 5273 Secs. 65.314 - 65.319. Reserved. 5274 Sec. 65.320. Electric transformer or gas regulator station. 5275 Standards and conditions in Business Districts. 5276 There may be service yards, but there shall be no storage yazds. 5277 Sec 65.321. Municipal building or use. 5278 Development stttndard in Res�dential, Traditional Neighborhood, and OS-B4 Business Districts: 5279 There shall be no outdoor storage. 5280 Sec. 65.322. Utility or public service building. 5281 Utility and public service buildings uicdude such 4hings as water and sewage pumping stations and telephone exchange 5282 buildings. 5283 Standards and conditions in Residential, Traditional Neighborhood, and OS-B4 Business Districts: 5284 (a) Except for off-street garking and;loading, the use shall be completely enclosed within a building. There shall be 5285 no outside storage. 5286 (b) Exceptin Business Distriets� the application shall include substantiating evidence that operating requirements 5287 necessitate locating the use within the district in order to serve the immediate vicinity. 5288 Secs. 65.323 - 65.329. Reserved. 5289 Sec. 65.330. Yard waste site, commercial. 5290 A privately owned or leased site that has been approved by the city, Ramsey County and the Minnesota Pollution Control 5291 Agency for the storage, transfer or composring of yard waste. 5292 Standards and conditions: 5293 See Sec. 65.331. Yard waste site, municipal. 5294 Sec. 65.331. Yard waste site, municipal. 5295 A site owned or leased by a governmental enfity and approved by the city, Ramsey County and the Minnesota Pollution 5296 Control Agency for the storage, transfer or composting of yard waste. 5297 Standards and conditions: 5298 (a) Only yard waste and no other types of solid waste shall be accepted;. 5299 (b� The rr�ttnieipa} yard waste site shall be located no closer than three hundred (300) feet from any residenrially used 5300 properry as measured from the edge of the nearest compost pile to the nearest residentially used property. 5301 (cd) The mcmiei�n} yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through 5302 the use of berms, trees ar other means;. In industrial districts, the.site;may have:greenhouses for composting yard 5303 waste. 5304 (de) The height of the compost pile shall be limited to no higher than fifteen (15) feet above grade;. fbj In residenYial 5305 districts, the size of the municipal yard waste site shall be limited to no more than three thousand (3,000) cubic 5306 yards of material per acre;. 5307 (e) 5308 5309 5310 53I1 5312 5313 5314 Sec. 65.411. Artist's stadio. ARTICLE V. 65.400. COD�IIvIERCIAL USES Division 1. 65.410. Offices ���lozs 5315 A place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan or craftsperson, 5316 including persons engaged in the applicarion, teaching or performance of fine arts such as, but not limited to, drawing, 5317 vocal or instrumental music, painting, sculpture and writing. 5318 Sec. 60.412. Professional office. 5319 Professional offices include, but aze not limited to, offices of accountants, architects, attomeys, auditors, bookkeepers, 5320 engineers and fmancial planners. 5321 5322 5323 Division 2. 65.450. Medical Facilities 5324 Sec. 65.451. Clinic, medical or dental. 5325 An establishxnent where huxnan patients who are not lodged overnight are admitted for examination and/or treatment by 5326 a group of physicians, dentists or similaz professionals. 5327 Sec.65.452. Hospital. 5328 An institution, licensed by the state department of health, providing primary health services and medical or surgical caze 5329 to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental 5330 conditions, and including as an integral part of the insritution, related facilities such as laboratories, outpafient facilities, 5331 or �saining facilities. 5332 Standards and conditions: 5333 5334 5335 5336 5337 5338 (a) InRM2-RM3ResidenrialandTN2-T'N3TiadirionalNeighboxhoodDistricts;farhospitals;andothersimilachealth and medical institutions shall qualifyircg as nonprofit institutions under the laws of the State of Minnesota, and b: the prapese� site shall have . - . daXect access:to an arterial or collector street �-- �;:r. 5339 {b)a In RM2-RM3 Residen�ia] Districts, al] suchhospitals and similarhealth andmadical institut7ons sha71 be developed 5340 only on sites consisting of at least five (5) acres in area, there shall be no height limitations placed on the principal 5341 structure, and � the minimum distance of any main or accessory building from bounding lot lines or streets shall 5342 be at least fifty (50) feet for front, reaz, and side yards for all two-story structures. For every story above two (2) 5343 the minimum yard distance shall be increased by at least twenty (20) feet. 5344 Sec. 65.453. Veterinary clinic. 5345 An establishment for the routine examinafion, medical or surgical treahnent and care of domesric household pets 5346 generally with ovemight boarding facilities for pets in care but without kenneling of animals. 5347 Standards and conditions:. . 5348 5349 5350 5351 5352 �� The site shall be maintained cleanly including the immediate removal of waste materials deposited on or near the site which cannot be composted; ar�. All activity shall take within completely enclosed buildings with. soundproofing and odor contral; outdoor kennels are prohibited. In Traditional Neighborhood and B2 Business Districts, there shall be no kenneling.of animals not under medTcal treahnent. Division 3. 65.500. Retail Sales and Services 5353 Sec. 65.510. General retail. 1 � : 5354 General retail sales include the retail sale of products to the general public, sometimes with provision of related services, 5355 and produce minimal off-site impacts. General retail sales include but aze not I#�nited to the following: i{ 5356 (a) antiques and collectibles store 5357 (b) art gallery 5358 (c) bicycle sales and repair 5359 (d) book store, music store 5360 (e) clothing and accessories 5361 (fl drugsYore, pharmacy 5362 (g) electronics sales and repair 5363 (h) florist 5364 (i) jewelry store 5365 (j) hardwaze store 5366 (k) news stand, magazine sales 5367 (1) office supplies 5368 (m) pet store 5369 (n) photographic equipment; tilm $�veloping 5370 (o) stationery store 5371 (p) picture framing 5372 (q) video store 5373 Strtndards and conditions: : 5374 In TN2-TN3 Traditi'onal Naighborhood Distribts;.tHese uses are intended to be :o# a moderate size:compatible witfi 53"IS neighborhood-leveTrefai�, anii'a,�ondirional psepermitis reqaiied �or establisHments:of more:than 10,000 sqaare 5376 feet in gross=floor.area: 5377 Sec. 65.511. Business sales and services. 5378 Business sales and services include, but aze not limited to, machinery sales and janitorial services. 5379 Sec. 65512. Currency eschange. 5380 Currency exchange, as defined in Minnesota Statutes Secrion 53A.01, means any person, except a bank, trust company, 5381 savings bank, savings and loan associafion, credit union, or indush loan and thrift company, engaged in the business 5382 of cashing checks, drafts, money orders or travelers' checks for a fee. "Currency exchange" does not include a person who 5383 provides these services incidental to the person's primary business if the chazge for cashing a check or draft does not 5384 exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. 5385 Standards and conditions: 5386 The currency exchange business shall be located at least one hundred (100) feet from any - ',�acrniai lot in a 5387 residenrial district or lot occupied with a one-, two-, threc; 5388 £- - -�r,�a�a�o�-c or multiple-family dwelling, measured from the closest point of the building in which the 5389 business is located to the closest residential properry line. 5390 Sec. 65.513. Drive-throdgh sales;and.services, piimary and aecesso .ry: 5391 Standards and conditions.• . 5392 (a) Drive-through lanes and. seraice windows sfiall be located to ttie side or rear of buildings, shall �ot be locatgd 5393 beriveen tha principal:structilra�and a pn6lic stceet, and shaTl be at lea�t sixty (60j £eet froin the elosest palnt of any 5394 residentially zoned properiy�oz'propettg occupied with a one- rivo-; armnitiple=family dwelli�ig. 5395 (b) Points of vehicular ingress-and: egress shall be Tocate'd at leastsixty (60) feeYfrom the intersection of two streets 5396 and at Ieast sixty (60) feet from abutting residentially zoned,properiy. Q�-4��� 5397 (c) Speaker box sounds from the driv�through lane shall not be plainty audible so as to unreasonably disturb the peace 5398 and quiet of abutting residential property. 5399 (d) A six-foot buffer area with screen planting and an obscuring wali or fence shall be required along any property line 5400 adjoining an existing residence or residentially zoned properry, 5401 Additional condition in the TN2 Traditional Neighborhood District: 5402 (e) There shall be no more than one (1) drive-through lane and no more than two (2) driv�through service windows, 5403 with the exceprion of banks, which may haue no more than three (3) drive-through lanes. 5404 Sec. 65.514. Dry cleaning, commercial lanndry. 5405 Standards and conditions: 5406 In Traditional Neighborhood, B 1-B2 Business, and B4 Business Districts, the establishment shall deal directly with 5407 the customer, and shall serve no more than one (1) retail outlet. 5408 Sec.65.515. Florist. 5409 Retail business whose principal acfivity is the selling of plants which aze not grown on the site and conducting business 5410 within an enclosed building. (See Sec. 65.510. General retail.) 5411 5ec. 65.516. Food and related goods sales. 5412 Retail sales of food and related goods include the following: 5413 (a) grocery store, supermarket 5414 (b) butcher shop 5415 (c) bakery 5416 (d) candy store 5417 (e) produce shop, or othe�specialty.foodshop 5418 (f) retail food establistunent 5419 (g) catering 5420 Standards and conditzons• 5421 SeaSec. 65310. Generdl'refail.'. 5422 Sec. 65.517. Food shelf. 5423 A place where groceries are provided at no cost to individuals in emergency situations and where such groceries are 5424 consumed off-site. 5425 Sec: 65.518: .Garden center;'°butdaor-. 5426 Outdoor retail sales of plants not grown on the site, lawn fumiture, playground equipment, and garden supplies. 5427 Standards and coraditions in TN2-TN3; Praditional Neighborbood ➢istrvcts; 5428 (a) There shall be no exterior;storage of bulk maferials such as dirC; sand,..graueY„and building materials. 5429 Standards and conditions in B2-B3 Business and IR-I27ndustrial Districts.• 5430 (b)a The use is accessory to a principal use pernutted in the district. 5431 (c)b The zoning lot on which it is located is at least twenty thousand (20,000) square feet in area. 5432 (d)e The use shall be located at the end or rear of the building. 5433 Sec.65.519. Greenhouse. 5434 Retail business whose principal acfivity is the selling of plants grown on the site, which mayhave outside storage, 5435 growing or display, and may include sales of lawn fumiture, playground equipment and gazden supplies. 5436 Standards and conditians: 5437 (a) The storage ar display of any materials or products shall meet all setback requirements of a structure. 5438 (b) All loading and parking shall be provided off-street. 5439 (c) The storage of any soil, fertilizer or other loose, unpackaged materials shall be contai so a�t�i�t��'it any 5440 effects on adjacent uses. , 5441 Sec. 65.520. Gun shop, shooting gallery. '� 5442 A gun shop is a business 5443 , , , 544 , , , , 5445 , 5446 5447 . within which a federally- 5448 licensed firearms dealer is engaged in the sale, lease, trade or other transfer of fsearms. Excepted from this defmition 5449 are: (1) federally-licensed firearms dealers engaged only in gunsmithing, repair, cleaning or other maintenance of 5450 firearms; (2) federally-licensed fuearms dealers engaged only in processing Internet-based or mail-order sales to other 5451 licensed dealers where neither the display, inspection nor physical transfer of the fireann occurs on or near the premises; 5452 and (3) single retail businesses, which aze federally-licensed, with more than 50,000 gross square feet of floor azea for 5453 which the sale of firearms is projected to account for less than ten percent (10%) of its annual gross sales. 5454 Standards and conditions: 5455 5456 5457 5458 5459 5460 5461 {a) The gun shop or shooting gallery is shall be located at least one thousand (1,000) radial feet from any residentially zoned properry and from any "protected use," defined as: a group day care center which has a business sign indicating this use; a house of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public regional park or pazkway, public park, public recrearion center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Plan. The distance shall be measured in a straight line from the closest point of the property line of the building in which the gun shop is located to the closest point of the properry line of the protected use;. 5462 (b) The gun shop or shooting gallery shall meets the required firearms dealers security standards as mandated by 5463 Minnesota Statutes, Section 624.7161. 5464 Sec: 65.521:"Liquor Store. 5465 Standards and conditions: 5466 See Sec. 65.510. General retdil: 5467 Sec. 60.522. Massage center. 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 A building or portion of a building which is used for offering "massage," defined as the rubbing, stroking, laieading, tapping or rolling of the body, for the purposes of pleasure, relaxation, physical fitness or beautification, offered for a fee or other valuable consideration. This definition shall include any building, room, structure, place or establishxnent used by the public, other than a hospital, sanatorium, rest home, nursing home, boardinghome or other institufion for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Secrions 144.50 through 144.703, inclusive, where nonmedical and nonsurgical manipulation exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy orpodiatry, with or without the use ofinechanical, therapeutic or bathing devices, or any room or rooms from which a massage therapist is dispatched by telephone or otherwise for the purpose of giving a massage. 5478 Secs. 65.223 - 65.224. Reserved. 5479 Sec. 65.525. Outdoor uses, commercial. 5480 Standards and conditions for outdoor commercial uses not otherwise allowed in the district: 5481 The use shall not conflict with off-streetparking, off-sireet loading 5482 and the system of pedesh flow. The planning commission, in determining that the use is harmonious with 5483 adjacent uses, shall require the submission of a site plan including a floor plan and all uses within three hundred 5484 (300) feet of the boundary of said site superimposed on said site plan. 5485 Secs. 65.226 - 65. 229. Reserved. 5486 Sec. 65.530. Package delivery service. 5487 A business which transports packages and articles for expedited delivery primazily in single reaz axle sh trucks or 5488 smaller vehicles, where no single item weighs over one hundred fifty (150) pounds. Excludes courier services. � 5489 Sec. 65.531. Pawn shop. (�� °q n Q 5490 A place where money is loaned on security ofpersonal property left in pawn and pledged as c4fl�era126�h�da� and 5491 where such property may be redeemed by the sellei in a fixed period of rime or sold to the general public. 5492 Standards and conditions: 5493 (a) The business shall be conducted within a completely enclosed building. 5494 (b) The building in which the business is located shall be at least one hundred and fifty (150) feet from the closest point 5495 of any residenrially zoned property � 5496 5497 ; provided, however, that this condition may be modified azr�� 5498 be-granted pursuant to secrion 61§.3500 subject to the following conditions: 5499 (1) Thereisnoe�stingpawnshopwithinfivethousandtwohundredeighty(5,280)feetoftheproposedlocation, 5500 measured from the neazest building wall of the eicisting pawnshop to the nearest building wall of the 5501 proposed use, or if there is no building, to the neazest lot line of the proposed use. 5502 (2) Customer entrances shall not be oriented toward residentially zoned property. Customer parldng shall not 5503 be closer to residentially zoned properiy than the primary entrance. 5504 5505 5506 5507 (3) The location of a pawnshop at this location will not be contrary to any adopted district plan or other city program for neighborhood conservarion or improvement, either residential or nonresidential. (4) The proposed use meets all other requirements for speeia� conditional use permits provided in section 61#.3500. 5508 Sec.65.532. Photocopying. 5509 SPandards.and conditions: � � 5510 In tha TN l Traditional Neighlxorhood District; the total floor areashalLnot exceed 2500,square feet. In TN2-'PN3 5511 TraditionaLNeigh6orfiood Disfricfs, the total floor area sliall nat exceed 10 sqpare_feet. 5512 Sec. 65.533. Service business:. 5513 Service businesses.inGludepmy 5514 businesses include but are not:li 5515 (a) barber and beauty shop� 5516 (b) dry-cleaning pick upsfat��n 5517 (c) interior decoratinaz'upl�olstery 5518 (d) iocksmith 5519 ('e) mailing.andpackaging:services 5520 (f) radio�and television service andxepair 5521 5522 5523 (g) shoe repair (h) tailor shop (i) watch repair, other small=goo3s repair thatprod'uce:minimal'off-siteimpacts. Serviee 5524 Sec. 65.534. $ervice business with:showroom.or workshop: 5525 Service businesses with showioom or wtlrkshop include such things as an office of a contracfor (eleetrical; fieating, aii 5526 conditioning, mechanical;:paintez; plumbez�;.etc:) along with ashowroom and/or woTkshop. 5527 Standards and conditions: 5528 5529 5530 5531 5532 5533 In TN2-TN3 TraditionallVeighborhood Districts, the showroom or sales area shall be located atthe front of the building and designed inamamier consistenCwith traditional'sYorefront bnildings, and total floor area shallnot exceed 10,000 squaze feet: Division 4. 65.600. Food and Beverages 5534 Sec. 65.610. Brew on premises store. � q (�� 5535 A facility that provides the ingredients and equipment for a customer to use to brew malt liq at the stifre: � 5536 Standards and conditiotzs: 5537 (a) Into�cicating liquor may not be sold or otherwise provided to customers of a brew on premises store, unless the 5538 owner of the brew on premises store holds the appropriate liquor license. 5539 (b) Customersusingthebrewonpremisesstoremustbeofminimumagetopurchaseinto�catingliquor. Intoxicating 5540 malt liquor brewed by a customer may not be sold and must be used by the customer for personal or family use. 5541 Sec. 65.611. Coffee kiosk. 5542 A retail food business in a freestanding building that sells coffee, or other beverages, and premade bakery goods from 5543 a drive-through window to customers seated in their automobiles for consuxnprion off of the premises and that provides 5544 no indoor or outdoor seating. 5545 Standards and conditions: 5546 See Sec. 65.710. Drive-through sales and services, primary and accessory. 5547 Sec. 65.612. Coffee shop, tea house. 5548 An establishment engaged principally in the sale of coffee, tea, and other nonalcohalic beverages for consumption on the 5549 premises or for carryout, which may also include the sale of a limited number of food items as allowed under a Restaurant 5550 C licence.. 5551 Standards and conditions in the TNl Traditional Neighborhood and BlBusiness Districts: 5552 A conditional use permit is.required for a coffee shop or tea House of mare.tlian 800.square feef.in.gross floor.area 5553 or for an accessory.cabaret. Diive through uses:(primary.apd accessoryj ate;pxahibited. 5554 Standards and conditioris im.TN2=TN3:Z7�aditional Neighborho6d Districts: 5555 SeeSec.65.'613Restairra�at.�� 5556 Sec.65.613. Restaurant. 5557 A public eating place which serves a substantial portion of its food for consumption at tables or counters located on the 5558 premises. This term shall include, but not be limited to, an establishment lmown as a cafe, smargasbord, diner or similaz 5559 business. Any facilities for cazry-out shall be clearly subordinate to the principal use ofproviding foods for consumption 5560 on the premises. 5561 5562 5563 5564 5565 Standards and conditions: In TN2-TN3 feet in gross floor areai Neighborhood Districfs 10,Q00:square T.radihoital:: 5566 Sec. 65.614. Restaurant, carry-out, deli. 5567 A retail food service business, inclnding delis, which sells ready-to-eat foods, usually in bulk quantiries, primarily for 5568 consumption off the premises. A carry-out restaurant that has more than limited seating (twelve (12) or fewer seats), or 5569 seventy-five (75) squaze feet of pairon azea, shall be deemed to be a restaurant for zoning purposes. 5570 Standards and conditions: 5571 See Sec. 65.613. Restaurant. 5572 Sec. 65.615. Restaurant, fast-food. 5573 A public eating place, other than a carry-out restaurant, designed for rapid food delivery to customers seated in their 5574 automobiles or from a counter or drive-through window, with minimal personal service and for consumption on or off 5575 the premises. All restaurants with drive-through service are considered fast-food restaurants. 5576 Any restaurant whose design or principal method of operation includes four (4) or more of the following characteristics 5577 shall be deemed a fast-food restaurant for zoning purposes: 5578 (1) Forty-five (45) percent or more of the floor area is devoted to food prepararion, employ�rk sp�c�� �stomer 5579 service azea; - 5580 (2) A permaiient menu boazd is provided from which to select and order food; ' 5581 (3) If a chain or franchised restaurant, standardized floor plans are used over several locations; 5582 (4) Customers pay for food before consuming it; 5583 (5) A self-service condiment bar is provided; 5584 (6) Trash receptacles are provided for self-service bussing; 5585 (7) Fumishing plan indicates hard-fmished, stationary seating arrangements; and 5586 (8) Most main course food items are prepackaged rather than made to order. 5587 Standards and conditions (except in in the B4-BS Business Districts): 5588 (a) Except in II-I2 Industrial Districts, a conditional use permit is required for establishments of more than 14,�00 5589 square feet in �ross floor area, and for any establishment with drive-tlu�our� service. In TN2-TN3 Traditional 5590 NeighborhoodDistricts,theseusesazeintendedtobeofamoderatesizecompatiblewithneighborhood-levelretail. 5591 (b) In the B2 Community Business District, fast-foodrestaarants shall be incorporated within a multi-useretail center, 5592 and sha11 not provide drive-tlarough service. 5593 (a) Drive through servica shall meet t6e siandards and conditions 65:513.=Drive-thraugh=srrles arrcLservices, 5594 primary and accessory. 5595 (d)a Polnts of vehicular ingress and egress shall not be onto a street which is used primarily for access to abutting 5596 residenrial property. 5597 (e)b Points of vehiculaz ingress and egress shall be located at least sixty (60) feet from the intersecfion of any two (2) 5598 streets and at least sixty (60) feet from any abutting residentially zoned property. 5599 (tje When the site abuts an alley which also serves residentially zoned land, no access from the site to the alley shall 5600 be permitted. 5601 . . 5602 (g) Trash receptacles shall be housed in a three-sided masomy enclosure, six (6) feet Aigh, or equal in height to the 56Q3 dumpster, whichever is greater, and haue an entrance gate constructed of a durable, opaque material. 5604 (hj Alittercollectionplanshallbedevelopedandsubmittedtotheplanningcommission,whichobligatestherestaurant 5605 operator to keep the area surrounding said restaurant free of restaurant litter far a reasonable specified distance. 5606 - > 5607 5608 (iii) A landscaped area not less than fifteen (15) percent of the impervious surface azea of the lot shall be provided and 5609 maintained. 5610 (ji) Impact on adjoining properry by use of the site may not result in the following: 5611 (1) Loud, boisterous and disturbing noise levels. 5612 5613 5614 5615 �2) (3) (4) (5) Hazardous traffic conditions. Offensive, obnoxious and dishubing odors. Excessive litter. Excessive artificial lighting. 5616 (6) Substantial decrease in adjoining properry values. 5617 Sec. 65.616. Restaurant, outdoor. 5618 Development standard: 5619 The use shall be accessory to an indoor restaurant or a farmers' mazket. 5620 Division 5. 65.640. Commercial Recreation, Entertainment and Lodging 5621 5622 Sec. 65.641. Bed and breakfast residence. O 3 a �, 0 2 8 } �� s ,� � 5623 A dwelling unit, located within a one- or two-family dwelling, in which fom guest rooms are rented on a 5624 nightly basis for periods of less than a week and where at least one meal is offered u} connection with the provision of 5625 sleeping accommodations only. 5626 Standards and conditions in Residential and BC Community Business (Converted) Districts: 5627 (a) In Residential Districts, a conditionai use permit is required for bed and breakfast residences with two (2) or more 5628 a est rooms, and for any bed and breakfast residence located in a two-family dwelling. In RLR4 Residential 5629 Districts, a bed and breakfast residence may contain no more than one (1) guest room. 5630 . 5631 (b)a The bed and breakfast residence may be established in a one-family detached dwelling or a two-family dwelling, 5632 located within a single main building. 5633 . 5634 . > 5635 5636 (c)� The guest rooms shall be contained within the principal structure. 5637 (d)e There shall be no more than one (1) person employed by the bed and breakfast residence who is not a resident of 5638 the dwelling. 5639 (e)f Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and 5640 registered guests. 5641 (f jg No additional exterior entrances shall be added to the structure solely. fot 1he.purpose of serving.guest rooms. 5642 (g)� The zoning lot mnst shall meet the minimum lot size for the sntgleone-family dwellings or ta�o=family flwelling 5643 in the district in which it is located; and �aning-�at shall have a minimum size according to the following 5644 combination of dwelling units and guest rooms: 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654 5655 Dwellings Units � ? � 2 Guest Rooms 2 3 4 �� �eanxs 1 2 Minimum Lot Size 6,000 7,OOQ 8,000 .�...a.�,�....•�..'.•.�..�.u. I :.�....�.�.. =,,:�;�- 6,000 7,000 8,000 5656 (h)�r One-family�etxeke� dwellings may contain no more than four (4) guest rooms. � Two-family dwellings; �aeated 5657 , may contain no more than ttu�ee (3) guest rooms. 5658 (i)e No bed and breakfast residence containing two (2) through four (4) guest rooms shall be located closer than one 5659 thousand (1,000) feet to an existing bed and breakfast residence containing two (2) through four (4) guest rooms, 5660 measured in a straight line from the zoning lot of an existing bed and breakfast residence. .. : . . .: - � .. .• .� :�. �: � . .. .: :.. . • : . ..� : : . . . ... . . .. .. . . ..: . . : . 03 m �.p28 5666 , 5667 , , , 5668 , . ' 5669 Sec. 65.642. Dance hall;publie. 5670 Any room, place or space open to the general public patrarcage in which is carried on dancing wherein the public may 5671 participate, whether or not a charge for admission for dancing is made. (See Sec. 65.644. Indoor recreation.) 5672 Sec. 65.643. Healtlilsport clnb. 5673 A building or poriion of a building designed and equipped for the conduct of sports, exercise, leiswe time activities or 5674 other customary and usual recreational activiries, operated for profit or not-for-profit and which can be open only to bona 5675 fide members and guests of the organization or open to the public for a fee. 5676 Sec. 65.644. Indoor recreafion. 5677 Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, 5678 electronic game room, indoor skating rink, and similar forms of indoor commercial recreation. 5679 Development standard: 5680 (a) The building in which the use is located shall be --'-- - wn�rriacaica at least one hundred (100) feet fromthe closestpoint 5681 , of any residential lot in a arra�jaeeirtresldenrial district 5682 . 5683 Additional standards and conditions in TN2-TN3 Traditionad Nezghborhood Districts: 5684 (b) Primary access shall be from an arteria] or collector strest. 5685 (c) Floox area shall not excaed 40g00Q square feeY, 5686 Sec. 65.645. Outdoor (drive-in) theater. 5687 Standards and conditions. 5688 (a) The proposed intemal design shall receive approval from the city engineer as to the adequacy of drainage, lighting 5689 and other technical aspects. 5690 (b) Outdoor theaters shall abut directly upon a major thoroughfare, with fi3reirpainfise�ingress and egress available 5691 only from said majar thoroughfaxe. 5692 (c) , There sha11 be pxovided-€ar off-street wxifing sYackirig space 5693 for no less than fifty (50) automobiles waitin, gto.ertfer the £acility. 5694 (d) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent 5695 major thoroughfazes. 5696 Sec. 65.646. Steam room/bathhouse facility. 5697 A building or portion of a building used for providing a steambath or heat bathing room used far the purpose of pleas�e, 5698 bathing, relaxation or reducing, urilizing steam or hot air as a cleaning, relasing or reducing agent. 5699 5ee: b'S:647: Theater; assem6ly ha11:' 5700 Deve�opment stcandard: 5701 In TraBitianal Neighborhood 3��siricts, total seating capacity�sJxa11 not ex�eed one-thousand�(1000} and the-facility 5702 shall not be divided into morethan three (3) separatefkeaYer/auditoriuxn axeas. 5703 5704 5705 5706 Sec. 65.661. Adult use. Division 6. 65.660. Adult Entertainment 5707 Adult uses include - , 5708 , the , , 5709 uses defined below and other premises, enterprises, businesses or places open to some or all members of the public at 5710 ar in which there is an emphasis on the presentafion, display, depiction or description of "specified sexual acriviries" or 57ll "specified anatomical areas" which aze capable of being seen by members of the public. No obscene wark shall be 5712 allowed. 0 3 m 1 a 2 8 5713 Sec 65.662. Adult bookstore. 5714 5715 5716 5717 5718 5719 5720 A building or part of a building used for the barter, rentaLor sale of a significant portion of items consisting of (1) instrmnents, devices, or paraphemalia which aze designed for use in connecrion with "specified activities," or (2) printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or CD RO�Ms or another form of recording if such items are distinguished or chazacterized by an emphasis on the depicrion or description of"specified sexual acriviries" or "specified anatomical azeas." "Significant portion of items" shall mean more than fifteen (15) percent of usable floor azea or more than one hundred fifty (150) square feet of floor area used for the display and barter, rental or sales of such items. No obscene work shall be allowed. 5721 Standards and conditions: .: .� - ... . .. : :•• . . 5723 (ar In B3 Business and II-I2lndustrial Districts the adult bookstore shall be located at least two thousand suchundred 5724 forry (2,640) r�dia} feet from any other adult use in any municipality, and in B4-BS Business Districts the adult 5725 bookstore shall be located at least one thousand three hundred twenTy (1,320) feet from any other adult use in any 5726 municipality, measured in a straight line from the closest points of the property lines of the buildings in which the 5727 adult uses are located. 5728 (b). In B3 Business and Il-I2Indnsttial Disicicts the adult bookstore shall be located at least eight hundred (800) 5729 r$dia� feet from any residenfially zoned properly in any municipality, and in $4-BS Business Districts the adult 5730 bookstore shall be Iocated at. least £our hundred (400) feet from any rasidenualproperly in any municipalify, 5731 measured in a straight line from the closest point of the property line of the building in which the adult bookstore 5732 is located to the closest residenfially zoned properry line. 5733 (c)c In B3 Business and F1-I2 Indushaal Districts. the adult bookstore shall be located at least four hundred (400) 5734 radia� feet from any proYected u"se: In B4�-S5 Bnsiness Distitcfis tha:ad���hookstore�shall be�located at laasf.t�vo 573 5 hundxed (2�'0) feet fromanyprdiected uSe. "Protected us�" shall be defined as- a building in which a majority of 5736 floor space is used forresidenrial purposes; a day care center, where such day care center is a principal use; a house 5737 of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public 5738 regionalpazkorparkway,publicpark,publicrecreationcenterorpublicspecializedrecreafionfacilityasidentified 5739 in the parks and recreation element of the Saint Paul Comprehensive Plan; a fire station; a community residential 5740 facility; a mission or a hotel/motel. The distance shall be measured in a straight line from the closest point of the 5741 property line of the building in which the adult bookstore is located to the closest point of the properry line of the 5742 building in which is located an aforementioned protected use. 57�+3 (d): 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 Conditions (b)- and/ar (c): maybe waived by the planning commission if the person applying for the waiver shal� £zles with the planning administrator a consent petition �uhich indicates approval of the proposed adult bookstore by ninety (90) percent of the property owners within eight hundred (800) rxdi�k feet of the lot on which the use would be located if "thelaY as m a B3 Businzes'or I1-T3 IndustEia3 District, or:within four hundr�d: (400) f�et a£:the lot on wlilc&-the us� waitld �e loc�ted if fhelot is in a`B4-E15'Bu`siness DisfricY. ; The planning commission; in eansideriszg rnay grant such a waive , upon findingsc that the proposed use will not be contrary to the public interest or injurious to nearby properties, aicd-tiixt-the spirit and intent of this section will be observed; fi�at the proposed use will not enlarge or encourage the development of a"slddrow" area; H:at the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; andthat all applicable regulations ofthis section will be observed. 5754 (e): All signs shall comply with Chapter 6 46 of the zoning code and with Chapters 274 and 275 of the Saint Paul 5755 Legislative Code. 5756 (fl.- 5757 5758 5759 5760 5761 No person shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing oz permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the e7chibition, sale or distribution of obscene material generally ar the e�ibition, sale or distribufion of specified materials to minors. No obscene wark shall be allowed. , - 5762 (g): The special condition use permit for the adult bookstore shall be reviewed annually to��e th� i o�a�e in use 5763 occurs and that no additional adult uses are added to the building containing the adult bookstore. 5764 (h): The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be 5765 spaced at least two thousand six hundred forty (2,640) radiak feet apart in B3 Business and Il-I2 Sndustrial Districts, 5766 and at least one thousand three hundred twenty (1,320) feet apart in B4-BS Business Distticts. 5767 (i} The adult bookstore shall not be located within a building also used for residential purposes. 5768 Sec. 65.663. Adult cabaret 5769 A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of 5770 a building excludes minors by vutue of age, or if such dancing or other live entertainmentis disringuished or 5771 characterized by an emphasis on the presentarion, display, depiction or descripfion of "specified sexual acrivities" or 5772 "specified anatomical areas." No obscene work shall be allowed. 5773 Standards and conditions: 5774 FtOj Adult cabarets; shall be subject to the same standards and conditions listed above in su���seetiarr{4j section 65.662 5775 for adult bookstores, with the substitufion of the phrase "adult cabaret" for the phrase "adult bookstore" wherever 5776 it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but 5777 mustbe spaced at least two thousand six hundred forty (2,640) rxdia� feet apart in B3 Business and Il-I2Industrial 5778 Districts, and at least one thousand three hundred twenty (1,320) feet apart in B4 and BS Districts. 5779 Sec. 65.664. Adult conversation/rap parlor. 5780 A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or 5781 listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on "specified 5782 sexual activities" or "specified anatomical areas." No obscene work shall be allowed. 5783 Standards and conditions: 5784 5785 5786 5787 5788 5789 (�j Adult convexsarion(rap pazlors; shall l�a subject to the same standardsand conditions listed above in subseetiarr f 9j section 65.662 for adult bookstores, with the subsritution of the phrase "adult conversafion/rap parlor" for the phrase "adult bookstore" wherever it appears. The adult conversationlrap parlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at ieast two thousand six hundred foriy (2,640) radia} feet apart inB3�Businssartd�I1-I2In'dustrial:Disfriots,�and'atleast.one t3iousand,three hwidte�,> ' twenty (1,320) feeta}iarCin B4'-BS Busiriess D`isfricfs. 5790 Sec. 65.665. Adnit health/sport club. 5791 A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an 5792 emphasis on "specified sexual acfivifies" or "specified anatomical areas." No obscene work shall:be: allowed... 5793 �fanclards and catiditions: 5794 5795 5796 5797 5798 5794 (�j Adult health/sports clubs; shall: be subject to the same standards and condirions listed above in subseetian-(3} section 65.662 for adult bookstores, with the subsritufion of the phrase "adult health/sports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred foriy (2,640) r�ix} feet apart in B� Busittess and II=I2 IndusErial Districts, and at least one thousand three hundred twenty (1 £eet apartin=B4-B5 Business�l➢istricts. 58�0 Sec. 65.666. Adult massage parlor. 5801 A massage parlor which restricts minors by reason of age, or which provides the service of "massage;' if such service 5802 is distinguished ar characterized by an emphasis on "specified sexual activiries" or "specified anatomical areas." No 5803 obscene work shall be allowed. 580A Standards and conditions: 5805 5806 5807 5808 5809 5810 (�j Adult massage pazlors shall be subj ect to the same standaids and conditions listed above in sabseeti�rrE9j section 65.662 for adult bookstores, with the substitufion of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The adult massage pazlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced af least two thousand six hundred forry (2,640) r� feet apart in B3 Business and Tl-I2Ini�ustrial Districts, and at least one thousand three hnndred twenty (1,320) feet aparkin.B9- BS Susi��ess Districts. ,. . , 5811 Sec. 65.667. Adult mini-motion picture theater. o� � 0 2 8 5812 A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such 5813 building or portion of a building as a prevailing pzactice excludes minors by virlue of age, or if such material is ;, 5814 distinguished or chazacterized by an emphasis on the depicrion or description of"specified sexual activiries" or "specified 5815 anatomical areas" for observation by patrons therein, No obscene work shall be allowed. ` 5816 Standards and conditions: 5817 (�4j 5818 5819 5820 5821 5822 Adult mini-motionpicture theaters; shall be subject to the same sfandards and condifions listed above in su�seetien {9j section b5.662 for adult bookstores, with the substitution of the phrase ° adult mini-motion picture theater" for the phrase "adult bookstore" wherever it appears. The adult mini-morionpicture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred forry (2,640) ra�ia} feet apart in B3 Business and Il-I2 Industrial Districts, and at least one thousand three hundred twenty (1,320) feet apart in B4-BS Business Districts. 5823 Sec. 65.668. Adult motion picture theater. 5824 A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such 5825 building or portion of a building as a prevailing pracfice excludes minors by virtue of age, or if such material is 5826 distinguishedorcharacterizedbyanemphasisonthedepictionordescriptionof"specifiedsexualactivities"or"specified 5827 anatomical areas" for observation by patrons therein. No obscene work shall be allowed. 5828 Standards and conditions: 5829 5830 5831 5832 5833 5834 (-�Sj—Adult motion picture theaterss shall be subject to the same standards and condations listed above in sabseetfan section 65.662 for adult bookstares, with the substitution of the phrase "adult mofion picture theater" for the phrase "adultbookstore" wherever it appears. The adult motion picture theater is consideredto be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred forty (2,640) rxe�iat feet apart in B3 Business and I1-I2 Industrial Districts, and at least one thausaud three hundreel twenty�(1 feet apart in B4=BS Business Disfriats. 5835 Sec. 65.669. Adult steam rooraibathhonse facility. 5836 Abuildingorportionofabuildingusedforprovidingasteambathorheatbathingroomusedforthepurposeofpleasure, 5837 bathing, relaxation, ar reducing, utilizing steam or hot air as a cleaning, relasing or reducing agent, if such building or 5838 portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is 5839 distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No 5840 obscene work shall be allowed. 5841 Standards and conditions: 5842 5843 5844 5845 5846 5847 (�Crj Adult steam room/bathhouse £acilities; shaIl':b� subject to the same standards and conditions listed above in subseetiarr f 9j section'65..662 for adult bookstores, with the substitution of the phrase "adult steam room/bathhouse facility" far the phrase "adult bookstore" wherever it appears. The adult steam roomibathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at:teast two thousand six himdred forty (2,640) rxdia� feet apart in B3 Business and T1-�:Industrial-Distriots,.and at leas4;ane thousand:three hundreti:twenty (1,320) feet apart in B4-B5 $usiness Distrie#s. 5848 Sec. 65:670. Adnit use, generxl. 5849 A premises, enterprise, business or place, not specifically defiaed-above,.apen to srame.orall rnembars of the g�blic.�i 5850 or which there is an emphasis on the_presentation, display, depietion oi�description of"speeaf'ied se�ua3 actiuities" ar 5851 "specified anatomical arcas" which are capa6ie of-being seen by members of the gublic. No.obscene work slrall°be 5852 alla�ed. 5853 �'tandards and condifions: 5854 �j 5855 5856 5857 5858 5859 General 9Hrer adult uses; shall.be subject to the same standards and conditions listed above in �-�*'c�-�?fi+xr{9j section 65.6b2 for adult bookstares, with the substitution of the phrase "general oYker adult use" far the phrase "adult bookstore" wherever it appears. The general ofiher adult use is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least two thousand six hundred forty (2,640) radia� feet apart in B3 Susiness and I1-�2Industrial Districfs, and at least onethousand three hundred twemy (1,320).feet apart�in B4-B5 Businessl�istricts. '.1 .: - - .:: .. : • : 0�•102s 6067 , 6068 apa�- a 6069 6070 . 6071 . 6072 , . 6073 6074 pivision 7. 65.700. Automobile Services 6075 6076 Sec. 65.701. Auto body shop. 6077 A shop in the business of making substantial repairs to the shell or body of any automobile, and of maj or or substanfial 6078 painting of the shell or body, and where the following services may also be carried out: general auto repair; engine 6079 rebuilding; rebuilding or reconditioning ofmotor vehicles; collision service, such as body, frame or fender straightening 6080 and repaiz; ovezall painting and undercoating. 6081 Sec. 65.702. Auto convenience market. 6082 Aplacewheregasoline,motoroil,lubricants,orotherminoraccessoriesazeretaileddirectlytothepubliconthepremises 6083 in combination with the retailing of items typically found in a convenience market or supermarket. 6084 Standards and conditions: 6085 (a) The use is subject to standards and condifions (a), (b), (d), (e), and ( fl in Sec. 65.7D3. Auto service station. 6086 (b) The zoning lot on which it is located shall be at least twelve thousand (12,000) square feet in azea. 6087 Sec.65.703. Auto servicestation. 6088 A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, 6089 lubricants, grease (for operation ofmotor vehicles), or minor accessories aze retailed directly to the public on the premises 6090 and/or where the servicing or minor repair of automobiles may occur. 6091 Standards and conditions: 6092 (a) The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities ttsed-in 6093 shall be in accordance with current city specifications. 6094 Such specifications shall be developed by the ei�y planning eaordmxter adrninistratar, h engineer and city fire 6095 marshal, and shall be approved by the planning commission, and filed with the city clerk. 6096 (b) A ten-foot buffer area with screen planring and an obscunng wall ar fence shall be required along any property line 6097 adjoining an existing residence or residenriall� zoned propeFly tzse. 6098 (c) The minimum lot area shall be fifteen thousand (15,000) square feet, and so ananged that ample space is available 6099 for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of 6100 gasoline, oil and minor accessories and having no facilitaes for incidental servicing of automobiles (including 6101 lubricating facilities) may be permitted on a 1ot of twelve thousand (12,000) squaze 6102 feet, subject to all other provisions herein required. 6103 Additional standaNds and conditians in�Traditional Neighborhood Districzs. 6104 (d) All vehicles� awaiting.xapair�ar piekup shall be stoted on the. site within enalosed buildings or defined parlaug 61Q5 spaces in compliance with section 63.301. 6106 (e) The principal building shal l=comply with the diinensianal standards attd ctesign��guidelines appliaa6le to Tradifianal 6107 Neighborhood Districts, except tfiat. the maximum satba�k reqnirement may be modified by the planniug 6108 commissionsofliatpumpislandsmaybeplacedinfrontofthebuildingifthis-ai�rutgementiscons'rderedpreferable 6109 for circulation, aesthetics or buffering of neighboring uses. 6ll 0( fl There shall be no exterior storage or sales of goods or equipment, other than the dispensing of mator fuel. 6111 Sec. 65J04. Auto specialty store. 6112 A store in the business of repairing or servicing automobiles usually involving the installarion of specific parts and the 6113 provisions of specific services, and where the retail sale of specific auto accessories to the public on the premises may 6114 occur. Retail sale of automobile fuel on the premises is not permitted. 6115 Standards and conditions: 6116 See Sec. 65.703. Auto service station. 6117 Sec. 65.705. Auto repair station. i. Y" .� ` � i % i f � 6118 A place where the following services may be carried out: general aute repaiz of automobiles, trucks, motorcycles, boats, 6119 etc.;enginerebuilding;andrebuildingorrecondirioningofmotorvehicles.Thesaleofenginefuelsmayormaynotalso 6120 be carried on. 6121 Standards and conditions: 6122 (a) The minimum lot area shall be fifteen thousand (15,000) square feet. 6123 (b) A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any properry line 6124 adjoining an existing residence or adjoining land zoned residential. 6125 (c) All repair work shall be done within an enclosed building. 6126 (d) There shall be no outside storage. 6127 Sec. 65.706. Auto sales and rental, outdoor. 6128 Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or 6129 boats. 6130 Standards and conditions: 6131 (a) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained 6132 so as to dispose of all surface water accumulated within the area. 6133 (b) Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersecrion of any two (2) 6134 streets. 6135 (c) No repair or refinishing sha11 be done on the lot unless conducted within a completely enclosed building. 6136 (d) The minimum lot area shall be fifteen thousand (15,000) square feet. A site plan shall be submitted showing the 6137 layout of the vehicles far sale ar rent, employee parking, and customer pazking. 6138 (e) In the case of pawnbrokers, the businesses shall be separated from residentially zoned property by-$pttbkestreet 6139 or by a distance of one hundred fifty (150) feet measured from properry line to properry line; provided, however, 6140 thatamodificarionmaybegrantedpursuanttosecrion61�.3500fromtheforegoingrequirementuponthefollowing 6141 conditions: 6142 (1) There is no existing pawnshop with in five thousand two hundred eighty (5,280) feet of the proposed 6143 location, measured from the nearest building wall of the existing pawnshop to the nearest building wall of 6144 the proposed use, ar if there is no building, to the nearest lot line of the proposed use. 6145 (2) Customer entrances shall not be oriented toward residentially zoned property. Customer parking shall not 6146 be closer to residentially zoned property than the primary entrance. 6147 (3) The locahon of a pawnshop at this location will not be contrary to any adopted district plan or other city 6148 pmgram for neighborhood conservation or improvement, either residential or nonresidential. 6149 (4) The proposed use meets all other requirements for speeia� condifional use permits provided in section 6150 61�.3500. 6151 Sec. 65.707. �nta-tauadries Car wash. 6152 Standards and conditions.� 6153 (a) �` - ` - xuwiaanarics Tha car wash shall be completely enclosed when not in operafion. 6154 (b) Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the 6155 interior curb line commencing at the intersection of the street. 6156 (c) Any aute car wash line exit shall be at least thirty (30) feet distant from any slreet line. 6157 6158 6159 Division 8. 65.730. Parking Facilities 6160 Sec. b5.731. Parking facility, commercial. O 3° � 0 2$ 6161 An off-street parking facility, not accessory to any principal use, for which a fee is charged for the privilege of parking. 6162 Standards and conditions in the TN3 Traditional Neighborhood Development Distrzct: �. 6163 (a) The facility shall be in a mixed use area identified in the master plan for the district. 6164 (b) At least fifiy (50) percent of the length of any parking structure facade adjacent to a public street shall consist of 6165 retail, o�ce or other similaz nonresidential uses. 6166 Sec. 65.732. Shared commercial parking in insfitational lots. 6167 The use of e�sting paved parking lots of churches, colleges, universities, schools and seminaries by permitted business 6168 uses in neazby business districts. 6169 Standards and conditions in Residenfial Districts: 6170 (a) Each business using such lot shall be located within five hundred (500) feet of the shazed parking lot measured 6171 from the property line of the business to the property line of the parking lot; except that the five-hundred-foot 6172 distance requirement may be waived if the principal use leases off-street pazldng for employees only, requires 6173 permitparkingforemployeesusingsuchparldnglotorusessomeothersystemtoensurethatemployeesreallypark 6174 in the remote lot. 6175 (b) There shall be no oufdoor ai�daesnet-pernrit storage on the parking lot. 6176 (c)b Applicafion for a shared commercial parking permit on an institurional lot must be accompanied by proof of the 6177 under utilization of the institufionallot during periods of peak business demand in a report showing: 6178 � (1) The off-street parking need of the institution during the peak demand periods of the business(es). 6179 � (2) The off-street pazking need of the business(es) during peak demand periods. 6180 e: 6181 f 6182 6183 g 6184 6185 �r. (3) Extent of parking shortfall for the business(es) during peak demand period(s). (4) The numberand location ofthe parking spaces in the institutional lot thatmaybe used by business(es) during peak demand periods. The existence, if any, of prior commihnents for use of the institutional lot by other businesses or other noninstitutional users. (5) The shared parking lease arrangement is not an attempt to avoid liability for property tases. (6) 6186 (d)i If the shared parking is required by the Zoning Code, each business use shall provide proof of at least a ten-year 6187 lease agreement with the institution far the shared parking acrangement. If the shared parking is not required, each 6188 business shall provide proof of at least a two-year lease agreement. Each lease will be reviewed annually. 6189 (ejJ The lease agreement must dellneate the number of spaces and the specific hours of operafion of the parking lot for 6190 each day of the week that the lot is to be used by the business. The business lessee must indicate in the lease 6191 agreementthatitrecognizesitsresponsibilityforproperty ta7ces imposed under Minnesota Statutes, Section 272.01, 6192 subdivisions 2(a) and 2(c). 6193 ( fl� The zoning application must include the submittal of a site plan drawn to scale showing the layout of the parldng 6194 lot, all access and egress locations, and the surrounding buildings within one hundred (100) feet of the lot. 6195 (g) } Only passenger vehicles will be allowed in shared parking spaces in insritutional lots. 6196 Secs. 65.733 - 65.739. Reserved. 6197 Sec. 65.740. State fair parking. 6198 An off-street parking operation on private residential property for which a fee is charged for the privilege of parking 6199 during the annual Minnesota State Fair. 6200 6201 Division 9. 65.750. Transportarion 6202 6203 Sec.65.751. Airport. 6204 An area where fixed-wing aircraft can take off and land, equipped with hard-surfaced lan�Yln�strip� lh�rlge� facilities 6205 forrefuelingandrepair,acontroltower,andaccommodarionsforcazgoandpassengers,andwhichisownedandoperated 6206 by a unit of government. �. 6207 Sec.65.752. Heliport. 6208 An area designed to be used for the landing or takeoff of helicopters including operarions facilities, such as maintenance, 6209 loading and unloading, storage, fueling or terminal faciliries. 6210 Standards and conditions: 6211 (a) The hetiport shall be located at an airport. 6212 (b)a The heliport as� helistep shall be located at least one thousand (1,000) radial feet from any residentially used or 6213 zoned property, measured m a slraight line from the closest point of the takeoff and landing area to the property 6214 line of the closest residenrially used or zoned property. � The application shall includ� site plan of the proposed 6215 facility and an area map showing the distance between the proposed take-off and landing area and the nearest 6216 residential properry 6217 (c)b The applicant shall perform a noise analysis to determine whether upon establishment of the heliport �rhe3istap 6218 the Noise Pollution Control Rules, Chapter 7010, of the Minnesota Pollution Control Agency, would immediately 6219 be violated. If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the 6220 potential violation before the heliport arlre}isCap is established. 6221 (d)e The heliport arireflsfap shall be constructed, operated and maintained in accordance with the rules and regulations 6222 of the Federal Aviation Adminish (FAA) and State of Minnesota. 6223 Sec.65.753. Helistop. 6224 An area designed to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, 6225 and other facilifies as may be required by federal and state regulations, but not including operation facilities such as 6226 maintenance, storage, fueling or terminal faciliries. 6227 Standards and conditions: 6228 (a) In Business Districts and the IR River Corridar Industrial District, the helistop shall be for emergency medical 6229 services and accessory to a hospital, require prior permission of the owner or operator to land, and not be open to 6230 the general public. 6231 (b) a The helistop shall be located at least two hundred fifty (250) radial feet from any residentially used or zoned 6232 properiy, measured in a straight line from the closest point of the takeoff and landing area to the closest property 6233 line ofthe residentially used or zonedpioperry. � Theapplication sliall;3nckude a site plan ofthe pxoposedfacility 6234 and an area map showing the distance between the proposed takeoff and landing area and the nearest residential 6235 properry 6236 (c) b The applicant sha11 perform a noise analysis to determine whether upon establislunent of the helistop the Noise 6237 PollufionControlRules,Chapter7010,oftheMinnesotaPollurionControlAgencywouldimmediatelybeviolated. 6238 If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the potential 6239 violation befare the helistop is established. 6240 (d) e The helistop shall be constructed, operated and maintained in accordance with the rules and regulahons of the 6241 Federal Aviation Administration (�AA) and State of Minnesota. 6242 Secs. 65.754 - 65.759. Reserved. 6243 Sec. 65.760. Intermodal freight yard. 6244 A site or locafion where large units of freight, including containerized freight and semitrailers, are transferred between 6245 different transportation modes (such as from railroad cars to semitrucks or from barges to railroad cars) using heavy 6246 and/or specialized equipment (such as piggy-packers or ganhy cranes). 6247 Standards and conditions: 6248 (a) Intermodal freight yards shall be sited in a manner which prevents unreasonable dishxrbance to nearby residenrial 6249 properties from the adverse effects of heavy traffic, noise, dust, vibration and excessive lighring. 6250 (b) The operarional area of an intermodal freight yard shall be at least one thousand (1,OOD) feet fr m�pr� er'[y zoned 6251 for, ar occupied by, residenrial uses within the City of Saint Paul measured at the point of shortest distance 6252 separating the operational area from the residenrially zoned or used properry. , z 6253 (c) Adequate landscaping and sound barriers where deemed necessary to provide mitigation of increased noise and 6254 to provide a reasonable visual barrier between the site and adjoining properties shall be installed and maintained 6255 on the site and adjacent to roadways accessing the site. 6256 (d) Facilities shall be sited in a manner that allows primary access to the site via roads designed for use by heavy hucks 6257 or are designated as "haul roads" or "truck routes." 6258 Sec. 65.761. �rnek-asd Motor freight terminals. 6259 A facility with more than one (1) dock per five thousand (5,000) square £eet of warehouse, storage, or related use and 6260 used for either (1) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically 6261 handling freight for shipment or (2) any other location at which freight is exchanged by motor carriers between vehicles. 6262 This includes but is not limited to cross-dock operarions and does not include a package delivery service. Excludes 6263 buildings with six (6) or fewer loading docks. 6264 (a) Noise impacts shall be mirigated to prevent excessive impact on residential lots within 300 feet. This may include 6265 using the building as a sound barrier between truck docks and residences by aligning the structure close to lot lines. 6266 (b) Truck access to the properry shall be directly onto a designated truck route. 6267 Sec. 65.762. Railroad right-of-way. 6268 Development standard: 6269 6270 6271 6272 6273 In Residenrial, Traditional Neighborhood, and OS-B3 Business Districts, there shall be no terminal freight facilities, transfer or storage tracks. Division 10. 65.770. Limited Production, Processing and Storage 6274 Sec.65.771. Agriculture. 6275 Standards and conditions.' 6276 (a) Agricultureshallbelocatedonparcelsoflandseparatelyownedoutsidetheboundariesofaproprietaryorauditor's 6277 subdivision, having an area of not less than five (5) acres. 6278 (b) All uses shall be subject to the health and sanitation provisions of the City of Saint Paul. 6279 (c) No odor- or dust-producing substance or use shall be permitted within one hundred (100) feet of any residential 6280 properry line. 6281 (d) Principal access shall be provided to a major thoroughfaze. 6282 Sec. 65.772. Finishing shop. 6283 Anybusinesswhichinvolvesspraypaintingortheapplicationofcombusriblematerials,includingfurnihxrefinishingand 6284 cabinetmaking but not including auto body shops. 6285 Condition: 6286 Finishing shops shall not be within a structure tt�at is also used for residential purposes. 6287 Sec: 65.773. Limited production and processing, 6288 These uses produce minimaI off-'site impacts dne to tkeir Iimited nature and scale, are compatible with.office, retail.and 6289 sernice nses, and may include wholesale and off=premises sales. Liinited productii'on and processing includas, but is dot 6290 }imiYed to, the following: 6291 (1) apparel and other finishe,d:praducts made frbm fabrics 6292 (2) blueprinting 6293 (3) compuYers a7�d accessories, includipg circpit boards an�l.soflwaze 6294 (4) electronic components;.assemblias;�and��aece�suries 6295 (5) film, video and audio production (� �� � 0 -7 S 6296 (6) food and 6everage ptoducts, except no live slaughter, grain milling cereal, vegetable oil or vinegar processing 6297 (7) jewelry, watches and clocks 6298 (8) miik, ice cream, and confections 6299 (9) musica] instruments 6300 (10) novelty items, pens, pencils, and buttons 6301 (11) precision dental, medical and opticai goods 6302 (12) signs, including electric and neon signs and advertising displays 6303 (13) toys 6304 (14) wood crafting and carving 6305 (15) wood furniture and upholstery 6306 Standards and conditions: 6307 (a) In Traditional Neighborhood Development Districts, a conditional use permit is requued for such uses with more 6308 thanfive-thousand(5000)squarefeetofgrossfloorarea,andtotalfloorareashallnotexceedten-thousand(10,000) 6309 squaze feet. 6310 (b) All such uses are intended to be compatibie with adjacent commexcial and seroice uses. Odors, noise, vibration, 6311 glare and other potential side effects of manufacturing processes shall not be discernable beyond the property line: 6312 Sec. 65.774. Malt liquor manufacturing. 6313 Standards and conditions in B3-BS Betisiness Districts. 6314 (a) The manufactuzing shall'ba is conducted in conjuncfion with a brew on premises store ., - 6315 distriet; 6316 (b) Fewer than two thousand (2,000) barrels of malt liquor are shall be manufactured in a year,. 6317 (c) The malt liquor shall not be sold at retail to customers on the site where manufachsec};. � 6318 (d) The malt liquor shall not be served to customers on the site where manufactured. 6319 Sec. 65.775. Plastic prodncts. 6320 Manufacturing of plasric products includes tableware, records, buttons and similar products. 6321 Sec: 65.7'76. Priniting and patilishing: 6322 Staridards and condittons: 6323 In Traditional NeighborhoodDz oe 6324 nses witfi more than five thou�arid 6325 thousaxid (10,000) square fe�t: siness Districts nsepermitis requuedfar�saci� of gros,s floor azea, and:tofal floar xrea sha11.3�ot e�ceed ten- 6326 Sec. 65.777. Recycling collection center. 6327 A recycling collection facility iir�burldacg for the acceptance by donarion, redemprion or purchase of recyclable 6328 materials. Such a facility may allow limited compacting or crushing of recyclable materials. 6329 6330 Standards and conditions: (a) The facility shall �ees not abut a property zoned for residential use;. *Y h � 6331 (b) In'the $3 �usmess D'istrict, all handling operations, equipment and materials, including 6332 trailers, shaIl be camplefe�genclosed in a buildingnot exceeding five thousand (5,000) square feet, except for drop- 6333 off stations not occupying more than five hundred (500) square feet of the site;. 6334 (c) In industrial distriats, all pro�essing and harnlliug opezatians eha11 be condncted within a compl�tely E�Iosed 6335 building. Outdoor storage of maferials sha1168 wifliin coveced containers or behind an opaque screen meeting the 6336 requiremants of sectiam 6�.107.on three (3) -sides. Such outdoar sareenirig shall' b� located at least tliree hnndi�ed 6337 (300) fest from anq residenYial district. 6338 (de) The facility shall be free of litter and any other undesirable materials and cleaned of loose debris on a daily basis.; 6339 and 03m10Z8 6340 (e�) The facility shall be screened pursuant to section 63�.1148� if it is located within one hundred fifiy (150) feet of 6341 a residential use district. , 6342 Sec. 65.778. Recycling drop-off station. 6343 b344 6345 6346 6347 6348 A facility consisting of reverse vending machines or unattended weather-resistant containers that are provided for the collection of recyclable materials. Any such recyclable material collected shall be of a size permitting it to be placed completely inside an enclosed reverse vending machine, weather-resistant container or trailer so that such materials aze not exposed to the elements. Such a facility may be established in conjuncrion with and accessory to an existing commercial or industdal use. The term "recycling drop-off starion" shall not include temporary mobile collecrion containers. 6349 Standards and conditions: 6350 (a) The facility shall not occupy an area more than two hundred (200) square feet and shall not mterfere with parldng 6351 and maneuvering requirements of the principal use. 6352 (b) The facility shall be screened pursuant to section 63�.1149� if it abuts a residential use or district. 6353 (c) The facility shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or 6354 vehicular circularion.; and 6355 (d) The facility shall be maintained free of litter and other undesirable materials. 6356 Sec. 65.779. Warehousing and storage. 6357 Standards and conditions in the BS Central Business-Service District: 6358 All material must be completely enclosed within a building. Steel warehousing, storage of bulk petroleum or 6359 related products, and garbage, rubbish or junk are not pexmitted. 6360 Sec. 65.780. Wholesale establishment. 6361 A firm involved in the storage, movement or sale of goods for themselves or other firms, usually to retailers for resale 6362 to consumers, in relatively large quantities and usually at lower prices than at retail. 6363 6364 6365 63b6 6367 6368 Standards and conditions: In the B3 General Business District, wholesale establishments shall have less than fifteen thousand (15,000) square feet of gross floor area, and shall have no outside storage. In the B4 Central Business District, storage is restricted to samples. ARTICLE VI. 65.800. INDUSTRIAL USES 6369 6370 Sec. 65.$10: Light manufxefuring: 6371 Light,manu£acturing includes, but is not limitad_ ta,_the foliowing: 6372 6373 6374 6375 6376 6377 (a) �5�-t�e Manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, eork, electronic componeuts feathers, felt, fibre, fur, glass, hair, horn, leather, nonferrous metals, paper, plastic, precious or semiprecious metals or stones, rubber (exclndingrubber ox synflieticproeessirig, �ires and inner tubes ), steel, sheet metal , shell, texfiles and fabrics, tobacco, was, wire, wood (excluding saw and planing mills) and yarns 6378 (b) �$}the Manufacture or assembly of automobiles, boats less than one hundred (100) feet.in length, and electrical 6379 appliances and equipment , , . 6380 , , 6381 , , . 6382 (c) Bottling, all beverages 6383 (d) Manufacture,assembly,compounding,processing,packaging 6384 ortreatmentofsuchproductsas,butnotlimitedto: , ,hardwareandcutlery,nontoxic 6385 chemicals, pharmaceuticals, arid food products (excluding slaughtering of animals and prepaaation of ineat £or 6386 ackin su ar refinin oils, and ain feed or flour millin rocessin or stora e n- �` ��` s-° -`- P g, g S, �' , S, P g g) , 6387 , , , . 6388 (e) (fr}t�xe Manufacture of glass and glass products, ceramics, china, pottery and frgurinesar other similar ceramic 6389 products using only previously pulverized clay, and kilns fired only by electdcity or gas 6390 , , , , 6391 pra�nets 6392 ( fl Metal working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing cleaning 6393 and heat treating 6394 Sec. 65.811. General indastrial. 6395 General industrial uses include higher impact and outdoor uses which are likely to have greater off-site unpacts and which 6396 require special measures and careful site selection to ensure compatibility with the surrounding area. General industrial 6397 uses often include processing of raw materials and production of primary materials. General industrial uses include, but 6398 are not limited to, the following: 6399 (a) (�j-�nqFroduction, processing, cleaning, servicing, testing, repair or storage ofmaterials or products which shall 6400 notbeinjuriousoroffensivetooccupantsofadjacentpremisesbyreasonoftheemissionofnoise,vibration,smoke, 6401 dust or particulate matter, toxic and noxious materials, odors, glare or heat, except those uses specifically first 6402 allowed as �f permitted uses pernrirted in the I=3 Restricted Industrial District: 6403 (b) {d�-Storage and processing facilities for building materials including, but not limited to, asphalt, brick, cemept, 6404 concrete, sxrc� gravel, sand, stone, tile and wood �vmber. 6405 (c) Manufacture, processing aiti� reproeessing of batteries; toxic chemicals; ferfilizer; oils and oil-based pamts, 6406 lacquers anfl varnishe,s; raw plasfics; synthetic xesins and fibers; and naturalax synthatic rnbbex, includingtires and 6407 inner tubes 6408 (d) Grain feed and flourmilliirg ptocessing°and`atorage 6409 (e) Ste�l mi71s, uietal re£ming�aud oYlier piocessing thatreguires intense<heat 6410 Sec.,65.512. :General outdoor 6411 Uses which service, process or manufacture outside of a completely enclosed building. 6412 Standards and conditions: 6413 (a)- Outdoor servicing, processing, manufacturing or the storage of the materials used in these operations shall be no 6414 closer than three hundred (300) feet to a property occupied with a one-, two-, -, -, or multiple- 6415 family dwelling. 6416 (b}; All outdoor servicing,processing or manufacturing shallbe conducted, operated and maintained in accordance with 6417 any necessary permits of fHe Minnesota Pollution Control Agency, the counry and the city. 6418 (cr The applicant shall provide a site plan showing the locarion of buildings; areas of outdoor storage, servicing, 6419 processing or manufacturing; and fences and walls. A narrative shall accompany the plan stafing the measures the 6424 applicant will take to contain on the properry any dust, odor, noise or other potentially adverse affects. 6421 Secs. 65.813 - 65.819. Reserved. 6422 Sec. 65.820. Brewery, micro and regional. 6423 A facility with a capacity to manufacture one million (1,000,000) or fewer iessbanels of alcoholic and nonalcoholic malt 6424 liquor a year. This definition excludes brew on premises stores as defined herein and/or small breweries operated in 6425 conjunction with a bar ar restaurant defined herein as an accessory use. 6426 Sec. 65.821. Brewery, nafional. 6427 A facility with a capacity to manufacture over one million (1,000,000) barrels of alcoholic and nonalcoholic malt liquor 6428 a year. This defmirion excludes brew on premises stores as defined herein and/or small breweries operated in conjunction 6429 with a bar or restaurant defined herein as an accessory use. 6430 Sec. 65.822. Conerete, asphalt and rock cruslung facility. 6431 StandaYds and conditions: � � i� , 6432 (a) All concrete, asphalt and rock processing and storage shall be located at least three hundred (300) feet from any 6433 residential properry. �� • ��� 6434 (b) Alloutdoorservicing,processingormanufacturingshallbeconducted,operatedan inta' rdancewith 6435 any necessary permits of MPCA, the county and the city. 6436 (c) The applicant shall provide a site plan showing the location of buildings; areas of outdoor storage, servicing, 6437 processing or manufacturing; and fences and walls. A narrative sball accompany the plan stating the measures the 6438 applicant will take to contain on the properry any dust, odor, noise or other potentially adverse effects. 6439 Sec. 65.823. Greenhouse, industrial. 6440 Wholesale business whose principal activity is the growing and selling of plants within an enclosed building. 6441 Secs. 65.824 - 65.829. Reserved. 6442 Sec. 65.830. Hazardous waste processing facility. 6443 Any commercial facility, as defined in Minnesota Ru1es 7045.0020, for which a Minnesota Pollurion Control Agency 6444 (IvIPCA) permit is required, treating hazazdous waste generated at any off-site locarion, that is designed and operated to 6445 modify the chemical composition or chemical, physical or biological properties of a hazardous waste by means such as 6446 reclamation, distillation, precipitafion or other similarprocesses, which neutralizes the waste or renders itnonhazardous, 6447 safer for transport, amendable for recovery, storage or reduced in volume, excepting "elementary neutralizing units" and 6448 "pretreahnent units," as defined in Minnesota Rules, Chapter 7045.0020. Hazardous waste processing does not include 6449 incineration or disposal. 6450 Standards and conditions.� 6451 (a3) . , The facilityies-are shall be 6452 located within thase an areas of the ciry included in the Minnesota Waste Management Board's "Inventory of 6453 Preferred Areas for Processing Facilities," dated August 1983, and subject to the facility proposer receiving all 6454 applicable permits and approvals, and meering all conditions., , , 6455 (b)� The minimum distance between structures housing hazardous waste processing facilities and residenrially zoned 6456 property shall be one thousand (1,0�0) feet measured from the closest point of the structure to the zoning district 6457 boundary. 6458 (6jb- An Environmental Assessment Worksheet (EAV� and EnvironmentalImpact Statement (EIS} shallbe cumgl�ted 6459 if required under Environmental Quality Board Rules. 6460 (d)e erformance agreements and financial guarantees shall be pxavi<led andzinaintaipefl 6461 as required by the con8afional,use permit ettyeacmei}. The performance agreements and supporting financial 6462 guarantees shall, at aminimum coverthe following: complerion ofrequired site improvements; emergencycleanup 6463 and mitigation activifies by the operator, after which the city may initiate and complete appropriate cleanup 6464 activities; and closure activities in accordance with Minnesota Rules 7045.0498--.0524. 6465 (e)� Submittal of proposer's operating credentials, including: proposer's management experience with comparable 6466 hazardous waste facility; proposer's, proposer's partners, and proposer's parent company's net worth and bonding 6467 capacity, demonsharing compliance with federal standards as set forth in Code of Federal Regularions (CFR) 40, 6468 Parts 123, 264, and 265; references from persons familiar with proposer's hazazdous waste facility management 6469 experience; evidence of permit applicafion submittal to applicable county, state and federal agencies. 6470 ( fle: Compliance with U.S. Environmental Protection Agency and MPCA inspecfion and reporting requirements in 6471 accordance with CFR 40, Parts 264 and 265 or Minnesota Rules 7045. 6472 (g}� All facilities newly constructed for or modified for the purpose of processing hazardous waste materials shall be 6473 directly accessible from a primary arterial roadway as defined and designated in the transportarion section of the 6474 comprehensive plan for the City of Saint Paul. 6475 (h)g. There shall be a minimum setback from stormwater holding azeas, natural drainage facilities, and wetlands in 6476 accordance with Minnesota Rules 7045.0460. 6477 (i)ir. All stormwater runoff shall be managed in accordance with Minnesota Rules 7045.0526 and 7045.0528. 6478 (j)'r. There shall be 3dno outside storage of hazardous waste except as permitted by MPCA. 6479 (k)jc All loading or unloading of hazardous materials must occur in compliance with Minnesota Rules 7045. 6480 (1)ir. A copy of the contingency plan, and all amendments and revisions, including operating log required under , 6481 Minnesota Rules 7045.0466 must be maintained at the facility and with emergency res onse agencies of the City 6482 of Saint Paul. 3 , q �� 6483 (m}� The developer mustagreete shall provide, at tus sole expense, maintenance and continued impl"emen�rion of 6484 approved emergency training programs for all employees at the tnne of their initial l�iring ; and during their 6485 continued employmeng and for public safety personnel of the City of Saint Paul. Tthe training programs shall beq 6486 reviewed annually for currency., 6487 . ' 6488 (n) nr. The developer/operator must prepaze and maintain contingency plans to include provisions for alerting 6489 applicable agencies ;, and provision for emergency evacuarion of the facility and the surrounding area, in 6490 accordance with Minnesota Rules 7045.0466. 6491 (o)rr. Proposer's site, operating plans, contingency plans, and training programs shall conforxn to MPCA permit review 6492 under Minnesota Rules 7001.0001-.0730. 6493 (p)� Any speeix} conditional use permit issued for facilities under this section shall be subject to an annual review by 6494 the planning commissionto ascertain that operations ofthe facility continue to be in compliance with all condirions 6495 of the permit and the Legislative Code. 6496 Sec. 65.831. Infectious wasteincinerator. 6497 Standards and conditions: 6498 See Sec. 65.832. Infectious waste processing facility, standards and conditions (a)-(c). 6499 Sec. 65.832. Infectious waste processing facility, 6500 A site, including the land and any structures tAereon, where infectious waste or pathological waste is accepted, 6501 transferred, stored, handled, treated, decontaminated, processed or disposed. Infecfious waste processmg facility does 6502 not include the site of a generator of infectious waste which is governed by the state department of health, as set forth 6503 in Minnesota Statutes, section 116.81, subdivision 2. 6504 Standards and conditions: 6505 (ac) The treahnent of the waste-is shall be conducted within completely enclosed buildings. 6506 (br) The storage of the waste is shatl:be within completely enclosed buildings, except that the storage of the waste may 6507 be within trailers, provided the trailers are securely locked and aze temperature controlled to prevent putrescence, 6508 as directed by the Office of Licenses, Inspections and Environmental Protection. The waste shall be stored for no 6509 more than forty-eight (48} hours, except that waste accepted on Friday must be disposed of no later than the 6510 following Monday;-xnd. 6511 (cc) A11 structures containing the waste operations are skall ba at least one thousand (1,000) feet from the closest 6512 property line of a one-, two-, °- ---, `- -, `- �--' --- or multiple-family dwellin�. 6513 (dc) The incineration of infectious wastes shall be prohibited. 6514 Secs. 65.833 - 65.839. Reserved. 6515 Sec. 65.840. Metal shredder, large. 6516 Afacilitythataccepts,stores,andshredslargeusedrecyclablemetalproducts,includingmotorvehicles,appliances,sheet 6517 iron, industrial clips, whether or not maintained in connection with another business. Shredding is the reduction in size 6518 of the metal products by means of a rotor equipped with hammers, including in and out conveyors, scrubbers, separation 6519 and dust collection equipment, and other connected machines. 6520 Sec. 65.841. Metal shredder, small. 6521 A facility that accepts, stores, and shreds small used recyclable metal products including cans and other small metal 6522 products (excluding motor vehicles), whether ar not maintained in connecfion with another business. Shredding is the 6523 reduction in size of the metal products by means of a rotor equipped with humners, and may include in and out 6524 conveyors, scrubbers, sepazafion and dust collecrion equipment, and other connected machines. This use is included in 6525 the definition of "recycling processing�center." 6526 Sec.65.842. Mining. T f 6527 The extraction of sand, gravel, rock, soil or other material from the land in the amqunt of one thousand (1,000) cu�ic 6528 yards or more and the removing thereof from the site without processing, with the exception of the removal of matenals 6529 associated with construction of a building which is approved in a building permit. 6530 Sec. 65.843. Motor velucle salvage operation. ; ' •; r 6531 Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts therefrom and 6532 which maintains a premises upon which to accumulate and dismantle such vehicle"s. 6533 Standards and conditions: 6534 See Sec. 65.846. Recycling processing center, oufdoor. 6535 Sec. 65.844. Recycling processing center. 6536 A facility that accepts, stores and processes recyclable materials, not including concrete, asphalt and rock, whether or 6537 not maintained in connecrion with another business. Processing includes, but is not limited to, baling, briquetting, 6538 crushing, compacring, grinding, shredding sawing, shearing, and sorting of recyclable materials and the heat reductian 6539 or melring of such materials. This definition includes small metal shredders as defined in section 65.841 and excludes 6540 large metal shredders as defined in secrion 65.840 66�i3.:l�f. 6541 Sec. 65.845. Recycling processing center, indoor. 6542 Standards and conditions: 6543 (a) All processing activities are sha11 be conducted within a wholly enclosed 6544 building.�: 6545 (b) � Outdoor storage of materials are shall be within covered containers or behind an opaque visual screen meefing 6546 the requirements of section 63�.�zi$? on three (3) sides. Such outdoor storage is shall be located at least three 6547 hundred (300) feet from any residential district.;� 6548 (c) �r. There is shall be no outdoor open buming on the site.; �$ 6549 (d) e: All types of processing are allowed except heat reducrion that would otherwise be permitted in the I=2 General 65�0 Industrial D�istricts. 6551 Sec. 65.846. Recycling processing center, outdoor. 6552 Standards and conditions: 6553 (a)- Outdoorprocessing,salvagingandstorageofthematerialsandmotorvehiclesshallbenocloserthanthreehundred 6554 (300)feettoaproperryoccupiedwithaone-,two-�i�ee-fam=ormultiple-familydwelling 6555 [redundant language]. The area used for the outdoor processing, salvaging and storage shall be behind an eaght-foot- 6556 high obscuring wall, fence or landscaped buffer. The planning commissaon may modify this requirement where a 6557 wall, fence or buffer may interfere with the operation of the business.; 6558 (b)- There shall be no outdoor open burning on the site. The use of cutting torches, fumaces and other equipment which 6559 produce a flame shall not be construed to consfitute open burning;�. 6560 (c).- There shall be no staclting of material above the height of the wall or fence, except that material set back three 6561 hundred (300) feet froan the nearest residenfial property line may be stacked one (1) foot higher aver than the wall 6562 or fence, up to a ma�imum of sixty (60) feet, for every adckirional five (5) feet the material is set back from the 6563 nearest residential property line. 6564 Sec. 65.847. Solid waste compost facility. 6565 A site that has been approved by the city, Raulsey County and the Minnesota Pollution Control Agency (based on 6566 MinnesotaRulesSection7035.2835)forthestorage,transferorcompostingofspecificallyidentifiedtypesofsolidwaste 6567 materials. 6568 Standards and conditions: 6569 {a): Materialsincluding,butnotlimitedto,yardwaste,sand,grit,sludge,papermillwaste,shreddedpaper,foodwaste, 6570 residenrial solid waste and other refuse derived fuels shall be accepted;. 6571 (b). All storage, transfer or composting of such materials and the maneuvering of equipment and vehicles shall be 6572 conductedonanasphaltorconcretesurfacepreviouslypavedtospecificationsdesignedtohandleanticipatedloads. 6573 Runoff from the site shall be controlled in accordance with city requirements and other applicable government 6574 agency provisions. $. _ � 6575 (c} All composting materials in the active composting stage shall be tumed or aerated b,� a blower system at least two 6576 (2) rimes per month or more often as required;. O+� ,'� A 2 8 ll 6577 (d).- The "sann-was%c-cvnipestfacilityshallbeenclosedbyaneight-footfencetocontrolvehiculazandpedestrianaccess. 6578 There shall be appropriate buffering of the facility from residential zoning or uses by the use of berms, trees or 6579 other means deemed appropriate by the planuing commission or zoning administrator. The site may have 6580 greenhouses for composting solid waste materials,. 6581 (e}: The sa� facilityies shall be located no closer than three hundred (300) feet from any residentially 6582 used or zoned properiy as measured from the edge of the nearest compost pile to the nearest residenrially used or 6583 zoned property;. 6584 (f} The height of the compost pile(s) shall be limited to no higher than fifteen (15) feet above grade;. 6585 (g)- Theoperatorofthe�facilityshallberesponsibleformaintainmgthefacilityfreeofloosewind- 6586 driven refuse. All materials collected at the site which cannot be composted shall be removed from the property 6587 at regular intervals or stored to not become a nuisance. In no case shall these materials be stored on the site for 6588 more than seven (7) working days. 6589 (h)c The s�� facility shall have available at�easf a loader such as a front end loader, a windrow huner, 6590 a rotary screening unit and any other equipment deemed necessary by the cit ,y-mx�. 6591 (ir A siteplan illustrating compliance withthese and all otherapplicablerequirements as well as a detailed explanation 6592 of the solid waste compost activities planned for the site must be submitted to and approved by the planning 6593 commission or zoning administrator. 6594 Sec. 65.84$. Solid waste trausfer station. 6595 An intermediate facility in which gazbage, refuse and othersolidwaste collected from any souroe is temporarily deposited 6596 to await transportarion to a�wasta facility. This includes sites for the�sarting o� caustruction and demolition material�. 6597 6598 6599 ARTICLE VII. 65.900. ACCESSORY USES 6600 Sec. 65.910. Accessory use or accessory. 6601 A buildmg, s�ruoture or use which is clearly incidental to, customarily found in connection with, and (except as provided 6602 in section 63�.-t300#) located on the same zoning lot as, the principal use to which it is related. 6603 When "accessory" is used in the text, it shall have the same meaning as "accessory use." 6604 An accessory use includes, but is not limited to, the following: 6605 (a�) Accessory off-street pazking spaces, open or enclosed, subject to the accessory off-street parking regulations for 6606 the dish in which the zoning lot is located. 6607 (b9) Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is 6608 located. 6609 (c3) Domestic storage in a barn, shed, tool room or similar accessory building or other structures including the storage 6610 of antique and classic automobiles within accessory structures. 6611 (d5) Storage of inerchandise normally carried in stock in connection with a business or industrial use, unless such 6612 storage is excluded in the applicable district regulations. 6613 (e6) Storage of goods used in or produced by indushial uses or related activities, unless such storage is excluded in the 6614 applicable district regularions. 6615 (fl i-}j Trash containers, including garbage dumpsters, in accordance with Chapter 357 of the Saint Paul Legislative 6616 Code. 6617 (g) }9j Accessory signs, subject to the sign regularions for the district in which the zoning lot is located. 6618 (h$) Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex 6619 located on the site of the commercial or industrial complex; greenhouses located on the premises as incidental to 6620 a florist. 6621 (i}) Residential accommodarions for servants or caretakers located within the main dwelling and without separate 6622 cooking facilities. 6623 (j�) Swimming pools for the use of the occupants of a residence or their guests. O 3•,, o� p 6624 (k#) A newsstand primarily for the convenience of the occupants of a building which is located wholly within such 6625 building and has no exterior signs or displays. 6626 (1-�3) A small brewery operated in conjunction with a bar or restaurant provided the beer is sold for consumption on tfie 6627 premises and not sold to other bars, restaurants or wholesalers, except that an establishment licensed under Minn. 6628 Stat. §340A.301, subd. 6(d) may sell "growlers" off-sale with appropnate city license.. 6629 (m) An enclosed, single-bay car wash operated in conjunction with an auto convenience market or auto seroice station. 6630 (n) }�jFoodshelfwhenlocatedindwellingunitsoranaccessorybuildingfarthedwellingunit,churches,synagogues, 6631 and community centers. 6632 (o) i�j Radio and television receiving antennas including satellite receiving dishes, or short-wave transmiUreceive 6633 antennas designed for dispatching or use with household electronic equipment including "ham" radio equipment, 6634 subject to the regulafions in secrion 62117. 6635 Sec. 65.911. Antenna, radio and television receiving. 6636 A wire, set of wires, metal or cazbon fiber element(s), othex than satellite dish antennas, used to receive radio, television 6637 or electromagnetic waves, and including the supporting siructure thereof. 6638 Sec. 65.912. Antenna, short-wave radio transmitting and receiving. 6639 A wire, set ofwires or a device, consisfing of a metal, carbon fiber or other electromagnetically conductive element used 6640 for the transmission and reception of radio waves used for short-wave radio communications, and including the 6641 supporting structure thereof. 6642 Sec. 65.913. - 65. 919. Reserved. 6643 Sec. 65.920. Retail service and office, accessory. 6644 Standards and conditions: 6645 (a) Any retail service or office use on the zoning lot shall be clearly incidental to the principal use and designed to 6646 service only residents of the principal use. 6647 (b) Such use shall be provided either totally within the walls of the principal sh or as an accessory building 6648 situated so as to provide direct access to the xesidents of the principal use only. Thare sha11 �be no diieefi� extar.�ar 6649 public access to such use 6650 (c) No idenrification sign sha11 be visible from any exterior view. 6651 (d) Such uses shall not exceed twenty-five (25) percent of the floor area at grade level, or fifty (50) percent of the floor 6652 azea of a subgrade level, and shall be prohibited on all floors above the first floor or grade level. b653 (e) Each one thousand (1,000) square feet of floor azea devoted to such use shall be counted as one dwelling unit in 6654 the computation of allowed dwelling units on the lot. 6655 (fl The principal structures sha11 comain at least fifty (�50) dwelling units 6656 notwithstanding subparagraph (e) of this subsection. 6657 Sec. 65.921. Support services in housing for the elderly. 6658 Support services within elderly housing as defined in secfion 659.123A8-3� including limited food service, beauty salon 6654 and retail goods sales areas. 6660 Development standard: 6661 Support service areas sha11 nor exceed five (5) percent of tke designated community xoom area. 6662 6663 CRapter:66: Zoning Code - Zoning:Districf'Uses, 6664 Deneifiy and_Dimensional Standacds 6665 6666 6667 Sec. 66.101. Use tables. 03•1028 6668 Use tables in this chapter list permitted and conditional uses in the primary underlying zoning districts, and note ; 6669 applicable development standards and conditions. $„ 6670 (a) Permitted uses. Uses specified with a"P" aze permitted in the district or districts where designated, provided that 6671 the use complies with all oYher applicable provisions of this ordinance. 6672 (b) Conditional uses. Uses specified with a"C" aze allowed as a condirional use in the district or districts where 6673 designated, provided thatthe use complies with all other applicable provisions of this ordinance. Persons wishing 6674 to establish, change, or expand a conditional use shall obtain a permit for such use as specified in Chapter 61. 6675 (c) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particulaz district, or any 6676 use not determined by the planning commission to be substantially similar to a listed permitted or conditional use, 6677 shall be prohibited in that district. 6678 (d) Development standards. Perntitted and conditional uses specified with a" ✓" in the Development Standards 6679 column shall be subject to the specific standards and conditions of Chapter 65. Land Use Definitions and 6680 Development Standards in addition to all other applicable provisions of this ordinance. 6681 (e) Combination oJ uses. Any permitted or conditional uses may be combined on a paroel or within a building, 6682 provided that all uses meet all other applicable provisions of this ord�ance, including any specific development 6683 standards. 6684 6685 6686 6687 6688 6689 6690 ARTICLE I. 66.100. GENERAL PROVISIONS ARTIGLE FI. 66.20p. RESIDENTIt1L DTSTRICTS Division l. 6b.�10: Intent . �.�.�,.a:...'.a..�:s����:.���Rr . - tawn�i��creRay�.nrssiiwi�i�w� 6691 Sec.66:21i.68�8Cr. Intent,RLOne=Faraily�Large�I;otResideintialD�sfricfi. 6692 6693 6694 6695 6696 6697 6698 The R=�L One-Family Large Lot Residential District is the lowest density residential district. It "Yi�-ira�iu provides for a seminu environment of predominantly low-density, one-family dekxehe� dwellings along with atiierreside�+ reiate� aivia�and insYitu&onalusas;public•servlbes anc3 utilitles that€��eh serve the residents in the district. The district is designed to protect, maintain and enhance wooded azeas, wildlife and plant resources, fragile bluff areas, topography and large expanses ofnahual vegetative cover; to reduce erosion and excessive stormwater runoff associated with higher-density development; and to facilitaYe installation of private wells and individual sewage treatment systems for one-family detached dwellings. 6699 (Ora. No. 17889, § 12, 11-21-91) 6700 . . . . . : : .. . . 1 . . . �• .. . .: : • . 1 :' . .: . . :•. .: -.. -. •� .. � , . � . 1 7: � :�. :� . .: : . : . : .. . . .: • . 1 : •...:••. . � . � •. • 1: .��.�.o � 1 - �� � °� . 1 :. . . . � . . . .. � . f,F' 4 6712 . . , , - - 6713 03 ' �,��8 6714 . . . - - 6715 6716 Sec. 66.212. 69:�f: Intent, Rl-R4 One-Family Residential Districts. 6717 The :n��iica zi,e R=1- thrauglrR=4 One-Family Residential Districts is-ta provide for an environment of predominanfly 6718 low-density, one-family detaei�e� dwellings along with civic and institurional 6719 uses, public services and utilities that serve the residents in the districts. Because of its their residential nature, �is these 6720 districts is are not intended foz more intensive uses such as small conference centers, private retreat centers and receprion 6721 houses. 6722 (Code 1956, § 60.411; Ord. No. 17550, § 5, 4-12-88; Ord. No. 17889, § 13, 11-21-91) 6723 . . . - 6724 . . . . 6725 . . . , . 6726 6727 , ,..��..:R - 6729 6730 6731 6732 Sec. 66.213. 5$:d�-r Intent, &Tl Two Family Residential District. 6733 6734 6735 6736 b737 6738 6739 6740 6741 6742 6743 The RT=1 Two-Family Residential District provides. for an environment of:predaminantly low density one- arid:fwa- familp dwallings along with'oivic'arid Insritutiodal; uses and public ssrvices. and:utilities that serve fheresidents:�n�khe distxiet ' , , n��. Theis dish'ict alse recognizes the existence of older residential areas of the city where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these struetures and allow the owners to justify the expenditures for repairs and modernization. Because of its residential nature, this district is not intended for more intensive uses such as small conference centers, private retreat centers and reception houses. 6744 (Code 1956, § 60.421; Ord. No. 17039, 7-7-83; Ord. No. 1755Q § 8, 4-12-88) � � � 7 - � - -- ��� - • . - � � - - � � : - � � - - - � � : � - � - �7 - �� :�: �: =��`� - . �: - - - - .� - . - . .. - - - - - - � �' .. - -- •,- - - - . -- .- • 1 - 6751 6752 6753 ��������z �..�. � 6754 Sec. 66.214: 68�f: Intent,.RT2 Townhouse Residenrial District. 6755 The RT=2 Townhouse Residential District �t� provides sites for two-, three-, and four-family and townhouse 6756 structures, along with civic and instifational uses, pnblic services and utilities t}�at sarve residents in the distriet It:is 6757 intended to provide for a variety of housing sgfis£p-tke needs and to serve as zones 6758 of transirion beiween one- and two-family residential districts and multiple-family residential districts and business 6759 6760 6761 6762 6763 b764 ��'� districts. Theis district �tsa recognizes the existence of older residential azeas of the city where larger houses have een or can be converted from single-family to two-, three-, or four-family residences in order Eo extend the economic life of these structures and allow the owners to jusrify the expenditures for repairs and modernizarion. The RT=2 Dish further provides for housing that has many ofthe amenities of single-family dwellings arranged in a low-density, multiple-family pattem. Because of its residenfial nature, this district is not intended for more intensive uses such as small conference centers, private retreat centers and reception houses. 6765 (Code 1956, § 6Q.431; Oid. No. 17550, § 9, 4-12-88) 6766 . . . . 6767 . . . . 6768 . . . . 6769 , 6770 , , . 6771 {��x�e-]?156�-6ea3�4j 6772 6773 . . . - - - - 6774 6775 Sec. 66.215. 66�r Intent, RMl Low-Density Muitiple-Family Residentia] Disfrict. 6776 6777 6778 6779 6780 6781 The RM=1 Low-Density Multiple-Family Residential District is designed intended to provide sites for an emironment of predom3nantly one- and two-family; towni�ouse and ]ower-density multiple-dwelling sttuctures, along wifh civia.and institutional uses, public services anc�utilities that serve residents ia Yhe district, to provide far a variety of housiug safiisfq the needs ; and to serve as zones of transition between less restricted districts and more restricted districts. - - 6782 (Code 1956, § 60.441) � � � - ��� . ' - �7-- �� �: - - � - � - ��- � : - ��- - - �� ��: - �- `��`� � � -- - - - . - � .. - - - : - • : - -- . �: : .. . .: �:. - 6788 6789 6790 6791 (Code 1956, § 60.444) � ��.�_� �<nn++v�nreiir�rianrR:S��i�����o.��>�:rrTec�no ��inis+vnl�v���w4:siv�er�.r.riii:nri�n�e�vi�.Ate�.�:rs.rs���iw•�iew 6792 Sec.66.216.59:d�r� Intent,,I{M21!'Iedium-Aensity�Vlultipl�T�amily�Resiaential�DistriM. 6793 6794 6795 6796 6797 6798 The RM=2 Medium-Density Multiple-Family Residential Dish-ict is designe� intended to provide for more extensive areas ofmultiple-family residenfial development aud avariety of congregate livingarrangements, as well as uses tl�atserCfetlie needs ofrelated�a the multiple-family residenrial districts, - nxriert;�;tensivesites. �, ^Tnc-�r-^cvisai�,z It is fm�ther intended to provided-ta-perniit for eomprehensive development of a multiple-family uses and a balance of population concentration as-rerate�ta near major thoroughfazes, arc� transit, and related facilities. 6799 (Code 1956, § 60.451) .'1{ �: - � �� �:1 - � �� °� ��: �� . 1 �� .� �: •�� ��°� .: :. . . . : .. . .. � : . . . �: � .. � 6805 (Code 1956, § 60.454) 6806 6807 . . . - - - - 6808 6809 Sec. 66.217. 66:461: Intent, RM3 High-Rise Multiple-Family Residenfial District. 6810 6811 6812 6813 6814 6815 6816 03°1028 The RM=3 High-Rise Multiple Family Residenrial District is �esigne� intended to provide sites for high-density mulriple- dwelling structures adjacent to high-frequency transit seroice and high traffic generators commonly found in the proxnnity of major shopping centers and areas abutting major thoroughfazes and expressways. �iis It is also £mtherprevide� desi�ed to serve the residential needs of persons desuing the apartment-type af accommodations with central services as opposed to the residential patterns found in the RM=1 and RM=2 Multiple-Family Residenrial Districts. The high-rise nature of the district is provided to allow for greater densiry with lower coverage, which will in tum result in more open space . 6817 (Code 1956, § 60.461) 6818 . . . 6819 . . . . 6820 . . . , . 682 , , , 6822 , , . 6823 (Code 1956, § 60.464) 682A �: .. : Division� 2. 66:220. Erincipal Uses in�Residcnrial Di�tricts 6827 Sec. 66;221:. Prin¢ipal;uses: 6828 TaB�e 66.221: Princi�al �Lls�s inResideniicrlDzstriets'lists all�permitted�and condiEianal uses in tke RT; ItM3 Residential 6829 Districts, and notes applicable�development°standards�and oondifions. 6830 6831 Tab1e:66.ti2L Prirncipal;UsesihResideutzal:llistricts 6832 ���� ���� 6837 6838 6839 6840 6841 6842 6843 6844 6845 ,, ..�. ���� 6851 6852 6853 6854 6855 6856 6857 6858 6859 6860 6861 6862 6863 ���� , ,. . .. . .• .: .: � . .. � .: : :.1 :. �:: :: - e� �•• ��ii •i�� • i1 :: �� �:' •. � � . � :: � 1 `�� . •' � �'v': 31"; � 6912 6913 691a . ' � o ���� 6915 , ' , 6916 6917 °-- . — -- — -- --- -. JGI. Vl.� �� • '\ � Division 3. 66.230. Residential District Density and Dimensional Standazds 6920 6921 Sec. 66.231. Density and dimensional standards table. 6922 Table 66.231. Residential District Dimensional Standards sets forth density and dimensional standards that are specific 6923 to Residentiai Districts. These standards aze in addition to the provisions of Chapter 63. Regulations of General 6924 AppZicability. 6925 6926 Table 66.231. Residential District.Dimensional Standards 692/ �' : 6929 6930 6931 6932 6933 693A 6935 6936 6937 6938 �� �'Z I „� � �. i�. �—�pi i [��! ! ��y� e�d iRdidtlA — f� — y#p�6 dH3Y. .�'�'i� �� �� =� i.� �����{wsi .Pow°'.. �'�!'� �'��l� ' @ !i� � R R9�it 5 5�5�d�� C EoL �f 6 . IE u ��tfl y�,�' y �� �+'� '�I(� I � I�i W9fi�� �° �'��Ili�lrzn'!G� 86 8 !I �ItE v I � � i e���h d � I � i� !y�ti i�, 'f � � � 6dfi � ��� • �eV � �.1 ° 99it �W_m . � x ��dIL._ tt� �� � i ... :, m .: . _.__ _ _�.. ,: . � .�.... e Area Width Stories Feet Front Side � Rear (sq. ft.) b (feet) RL One-Family Lazge Lot 21,780 d 80 3 30 30 g,h 10 h 25 h Rl Oue-Family 9,600 e 80 3 30 30 g,h 10 h 25 h R2 6ne-Family 7,200 60 3 30 25 g,h 8 h 25 h R3 One-Fazruly 6,000 50 3 30 25 g,h 6 h 25 h R4 One-Fazruly 5,000 40 3 30 25 g,h 4 h 25 h RTl Two-Family 3,000 f 25 3 40 25 g,h 9 h 25 h RT2 Townhouse 2,500 c,f 20 3 40 25 g,h 9 h,i 25 h �1 Mult�ple�Family '2;600 c,f u/a 3 40 25 gh '/i height h,i 25 h,i �s RM2 Multiple-Family 1;500 qf ei/a 5 50 25 g,h %height h,i 25 h,i �s RM3 Multiple-Fanvly 50.0 c n%a no maY. no max. 3& gh,j 3� h,i,j 56 h,i,j 6939 n/a - not applicable 6940 Notes to Table 66:231_ 6i:1$r Residential Districts Dimensional Standards: 6941 (a) R40ne-FamilyDistriatdimensionalstandardsshall�applywhenoite-familydzvellingsazeexectedinlesrestri'ctive 6942 residential dish R�1 T�va-Family pistrici dimensional standards sha1L apply whentwo-family dwellings are 6943 erected in less restrictive residenfial districts, RM2 Multiple-Family Aistuct dimensional standazds skall apply 6944 when multiple-familyzesidential dwellings_five (5) stories or less inheigfit are constructed.in an RM3 Multzple- 6945 Family District. 6946 (b) 6947 6948 (cg) 6949 6950 6951 6952 6953 In calculating the azea of a lot that adjoins a dedicated public alley, far the purposa.of.applying lot area and density requirements, one-half tfie widfh of such alley adjoining the lot sha11 be considered as part of tiie lot. In calculatiqg the.area.of alot.fgr the ptp�ose of applyinglhe minimum lot azea per:unit requirement, the lot az@a figure may be inereased by tlizee hundied (300) square feet for each recinire� parking space (up to two parking spaces per unit) within the a multiple-family structure or otherwise completely underground, . Pazking spaces within an above-ground parking strucfure, except for the top level, may a9so be nsed for this lot area bonus. The maximumnumber of units possible on a lotusing this lot areabonus can:be calculated usuig the formula- X=-L =(A 600j; cvliere X= maximuin units ailowed�=L 6954 =1ot area in square feet, and A= required lot area per unit in square feet. A sit o plan showin�g paz�ng layout and 6955 dimensions shall be required when applying for this nade�mxdp�king lot azea bonus 6956 �aon No multiple-family dwelling shall be built, nor shall any existing structure be converted to a multiple- 6957 family dwelling, on a lot that is less than ten nine thousand (�ff6B6 9,000) squaze feet in area. �_ 6958 (d�c) A larger � lot size may be required depending on how much square footage is actually needed to properly 6959 site and install an individual sewage lreatment system. 6960 6961 6962 6963 6964 6965 6966 ��) � , Where over half of the lot has slopes of twelve (12) percent or greater, the minimum lot size shall be fifteen thousand (15,000) squaze feet. ^" - - ' ' - -- '-� -'— °- --"--..-' '-•- - —•-' -°- ° - -r�—.' - '-� r.,-_- . When detemuning lot size, the slope shall be that in existence prior to any grading or filling. Alterations shall not be allowed that will lower the slope from twelve (12) percent or greater to less than twelve (12) percent prior to the creation of new lots. 6967 (fe) If townhouses are developed on parcels where only the land immediately beneath each dwelling unit consritutes 6968 an individually described lot and all other land required for yazds, other open space, pazking, and other necessary 6969 land as required by this code constitutes "common" properties, jointly owned by the owners of the described lots 6970 beneath each dwelling unit, the minimum size lot per unit shall be applied to the entire parcel. 6971 - , 6972 , , > 6973 - - , 6974 , , 6975 - - > 6976 , , 6977 - - 6978 , , 6979 - - , - - > , 6980 . _. •✓�iinsii.ii�uiii nvwuiiivwi � • •� i - �� �� - �� �� - �� ��i� i• �� - - � � • _ • _ _ _ _ � - � - � � - • � � • � ��i� _�� _ _ �� � •-� �� �� - •����--���-� •. - _ - ��: - �� �� - - . � �- �� •�ii •��� 6990 6991 � •�•' ��' - - - -- - i - i •• - •- - i i' • - � _ _ _ _ �, . �, •' _ _ �. . . .. . . . : :. : ::: 6992 (gz) Where at least fifty (50) percent of the front footage of any block is built up with principal structures, the minamum 6993 front yard setback for new structures shall be ecrna�te the average setback of the existing struchu-es, or tlie norcnal 699�4 setback requiremenf in fhe distriet plus hatflthe amonrif the "ayerage setback is greater Ehan the normal sef6ack 6995 requirementi whichever� is`Tess: exeepHii�anq Existing structuxes whielris set back twenty (20) percent more or 6996 less than the average map shall be discounted from the formula. 6997 (h) b) For `,icosc-ascs petrnitted afid conditional priilcipal uses ailowed in residential districts - - 6998 - - - - 6999 � other than residential uses, the front yard shall be equal to the front yard required for residential use 7000 and the side and rear yards shall be equal to one-half the height of the building but in no instance less than the 7001 minimum requirements of the district in which said use is located. 7002 - > 7003 7004 (i4j 7005 7006 7007 7008 7009 Side yards aze required only for dwelling units on the ends oftire townhouse structures. WKen �(� ��dre one- family, two-family, or townhouse structures are constructed on a single pazcel, there shall be a distance of at least twelve (12) feet between principal buildings. [This is an appropriate separation for townhouse structures, which have ends" sutnlar in mass to one-family buildings.j -, - - , When two (2) or more multifamily buildings are constructed on thc a single parcel, there shall be a distance of at least Hmhy{3�J eighteen (18) feet between principal buildings. 1 1 � •.• . . .. . . 1 .� . ':� ... ., : . 7012 (j) Minimum front, side and reaz setbacks shall be fifty (50) feet or one-half the building height, whichever is less. 7013 - . 7014 7015 (Code 1956, § 61101; Ord. No.16956, 9-9-82; Ord. No. 17039, 7-7-83; Ord. No. 17204,1-15-85; Ord. No. 17524, § 19,1-6-88; Qrd. 7016 No. 17889, § 17, 11-21-91; C.F. No. 98-216, § 5, 4-8-98) 7017 Sec. 66.232. Maximum lot coverage. 7018 In Residential Districts, principal structures shall not cover more than thirty-five (35) percent of any zoning lot. 7019 Sec. 66.233. Minimum building width. 7020 In Residential Districts, the building width on any side of one-family and two-family dwellings shall be at least twenty- 7021 two (22) feet, not including enhyways or other appurtenances that do not run the full length of the building. 7022 7023 Division 4. 66.240. Required Conditions 7024 7025 Sec..66�41: Numberofmain(principal)�bui}dings. 7026 In RZ-RT1 Residential Districts, tliere sliall 6e no mQre than one Fl)'.main_(princ,ipal) residential bnildingper zqningloY; 7027 except as� specifidally allowed as a canditional nse in the�.distrie£ RT2-RA�13 "Residential Distr�cts allow mp�tqile 7028 residential bnildiags on a zonmg lo't. A carriage fiouse bnildrng in RT2-RM3 Residential Districts may be regulafed as 7029 an additional principal residential Uiulding ar a's a carriage house dwelling: 7030 7031 7032 ARTICL,E III. .66.300. TR�4DITIONAL NEIGHBOI�HOQD DISTRICTS 7033 Di�ision 1. 66'3LQ.::Intent 7034 7035 Sec. 66.351. General intent, TN Traditional 1�Teighborhood districts. 7036 TNTrad"tlionalNeighkorhaod.disfrictsaze.infendedfo.foaterthcz�iE 7037 urban nillage's. All three districts aze intended to.enc.ourage.a.eon 7038 buildings; siies and blocks;li�w davelopmet� in pro�imity to,maj 7039 in housing: 7040 5ec. 66.312'. Tntent, TNI Traditioual Neigh6orhobd'District, �mpact;:pedestrian-atientzd and residential uses;within �rs; and additional' choiees 7041 TheTNlTraditionalNeigk6orhood�Distrietisisitendedtopr�vifleforcampact,pedasfrian=orientedmixed-use 7042 areas of limiYed size, �fh-a variety of sesidential; office azld service uses that primarily ser�e neigliborlio6'd 7043 needs It is.aiso intended to serve as atransitioi2al usa o� larid alo�g major thorougiifares, between �omx�ercial 7044 or industrial districts and xesideiitial districts or other less intensive land>uses: 7045 Sec. 66.313: Intent, TN2 Traditiortal Neighborhood=District. 7046 Tlre`I`N2 Traditiorral Neighborhood District is designed for use in existmg ar potentialpedestrian and transit nades. Sts 7047 intent is to foster and supporCcompaot, pedesftian-orianted commercial and residential development that, in turn, can 7048 suppart and increase transit usage. Ttencdnrages, bnt does no� requiiz, a variety of'uses and housingtypes, wiEfi caze�u7 7049 att8ntion to.fhe amount and placeineiit of parking and lransition� to adj acent rast'deritial neigkborkaads. 7050 Sec. 66.314. Intent, TN3 Tradifional Neighborhood District. Q 3° 1 0 2 8 7051 The TN3 Traditional Neighborhood District provides for higher-density pedesh-ian- and transit-oriented mixed-use 7052 development. It is designed for developmem or redevelopment of land on sites large�enough to support: � 7053 (a) a mix of uses, including residential, commercial, civic and open space uses in a�ose proximity to one another; y 7054 (b) a mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes; 7055 (c) a system of interconnected streets and paths that offer multiple routes for motorists, pedesh and bicyclists, and 7056 aze connected to existing and future streets; 7057 (d) a system of open space resources and amenities; and incorQoration of environmental features into the design of the 7058 neighborhood. 7Q54 The TN3 District is also intended for smaller sites in an existing mixed-use neighborhood center where some of the above 7060 elements already e�st, or in an area identified in the comprehensive plan as a potential "urban village" site. The above 7061 elements may be found within the TN3 district or adjacent to it; the intent is that all would be present within a reasonable 7062 walking distance. 7063 7064 Division 2. 66320. Principal Uses in Traditional Neighborhood Districts 7065 7066 Sec. 66.321. Principal uses. 7067 Table 66.321. Principal Uses in Traditzoraal Neighborhood Dzstricts�lists all permitted and�condiEional uses inthe TNl- 7068 TN3 Traditional 1Veighborhood Districts, and notes applicable development standards and conditions. 1.5 7070 �i@�i� ���� �o�s 7076 7077 7078 7079 7080 ���� 7083 7084 ���� 7087 7088 7089 7090 7091 7092 7093 7094 7095 7096 7097 7098 ���� 7101 Tab1e 66:321. Principal:Uses in T�aditional Neighhorhriod Districts �1�2 7103 7104 7105 7106 ���� 7109 7110 7111 �112 ���� 7115 7116 7117 �Yi7 9��Q �I22 7123 �f�� ���4 7128 7129 7130 7131 �t�� 7134 7135 7136 7137 ���� �1�0 7141 7142 7143 7144 7145 7146 7147 7148 7149 7150 �151 7152 7153 7154 7155 7156 7157 0 � r i r/ 'r F.ury li'n s e f✓Af r�.; r " �. �' �° p` ,� <� " <";� TTSG �d i� l7 � /F� i- �'� /f�i "''%�� �� l� / . !» /TNl� TN2 . TN3 �S ,,,.,,.,sr.,.„.,,,� ,e,,,..,rz1.�;., �.,ve ,,.�a�Nl✓�a:r�./:yvn,:'e'sY`v.Jd!,r,"�i%�k%.�,`t,lf��t',�'�-;,'!fi�;'r',f�^s'ff'�/��mL�l��'q"°.;yrl,�'°jr5',l`,,,.� x�;�ry,��r��fr�.,;;c,"-Standardsf� Educational Facilities Day caze ' P P P Y School, �ades K-12 P P P ✓ College, university, seminary, etc. P P P ✓ Trade schoo3, arts school, dance school, etc. P P P Social, Culturat, and Recreational Facil'sties Museum P/C P P ✓ Public library P P P Public and private park, playground P P P Recreation, noncommercial P P P Religious Iustitutions Church, chapel, synagogue, piace of worship P P P Rectory, pazsonage P P P ✓ Convent, monastery, religious retreat P P P ✓ e � � v . "" ' , a � � � t 'P � � '� !,�i� §` � w. � .v".� . °�.,e� r x � -"� r' `='�:; ;a�UbIIC SCCVIC¢S aDf�Utl�ltl¢S �ss _€'v��."... v.. ��v��v"i.�v m 7�. a�.�'��'+f � r�����u.�-.a... ,v �u'R.g.�� R ht�R It- E��,S a.,E+ �.vi�„� _,�..a ..:,�. ._ a�+.:.-. �n..r., Antenna, cellulaz telephone P7C P7C P7C ✓ Municipal building or use P P P ✓ Utility or public service build'fng C C C ✓ . ,�_ a�:�,m: t�� �: u . e� :.: , _ � .. .,.. . ' - . :. ,-�,: e� . _ . . ,�. - Commexciai Uses�� - ' - s. ,�: ,�6!°= Offices Administrati.ve a�ce P P P Artist,�pliotographerstudio;=efc. P P P Insu�acice:office; real esfate�office; salas offc"ce P P P _... Pi`ofessianal office P P P Medical:Facilities Clinic, medical or dental P P P Haspital C C .i M@dicallaboratorq P P P C�eterinary cl,inic P P ✓ Retail SaYes'au8 Serviees General,cetzil P/C P7C ✓ Sank, creditnnion P P P Ditiqe-through sa(es and serviges, grimary and accessory C ✓ Dry cleaning, commercial�]aYUrdry P P ./ Food and ceTated:goodssales P/C P/G ✓ Food shelf P P P Garden center, outdoox P P ✓ L�undromat, self-service P P LPquor store P/C P/C ✓ Massage center P P P Mor[uary, funeral home P P Pliotocopying P P P ✓ Post office P P P Service tiusiness P P P ✓ Service business with showrwm or;warkshop P p ✓ Small appliance repair P P Tattooshop P P Tobaccoshop P P ���Y 7160 7161 7162 7163 7164 7165 7166 ���� 7169 71�� �1�1 7172 7173 ���� 7176 7177 ���� 71$� ���� 7183 ���� 7186 7187 ���� 1tNQ 7192 �3�1 ��ii ,,� r:; �� �r 3 �r.- �,Z'��� i�, a f r� �w Use.� ,� r �� / ,�,,�:,,�,/�r'` . �,�, ,�i / rn ,� il� TNl 'TN2 TN3�i Development�,/i,r ,.,,.,:,�,<.<,:f��„ i;�;^s., .,��:.,�;r„�oy,t,,.ry,;ri�l�,z:�.�.,���; ,fi�„�',�i„�;,�/,,,,�-�r`r �i;;�Standards�% Food and Beverages i .y Brew on premises store P P ✓ Catering P P Coffee shop, tea house P/C P P ✓ Restaurant P/C P/C ✓ Restaurant, carry out , deli P/C P/C ✓ Restaurant, fast food P/C P/C ✓ Restaurant, outdoor p P ,/ Commercial Recreation, Entertainment and Lodgiug Bed and breakfast residence P P P ✓ Hotel, inn P P Health7sports club P P Indoor recrearion C C ✓ Theater, assembly hall C C ✓ Automobile Services Auto convenience mazket C C ✓ Auto service station C ✓ Parldog Facilities Pazkingfaciliry, commercial C ✓ Transpoctation Railroad ktght-of-way E C C ✓ Limited:Proddetiomand Processiug Limitedprqduction�and,p�ocessing P/C P/C ;/ P[intingand'publishing P7C R7C ✓ _ m rr._ _.. _ _ _ �sAccesso 'CJ§es 6 � =5 .����� �::� , � � °��;i6 �; , �_� ,i� �,', ^�.�, °Q r S ' .--° _:. .: � . BI_.:�:: � : � ... . ' "� `' ri!C' � ' .. i09 � _€u 9i�n ': � ��°'' °F Re '� Accessoryuse P p p 7193 Division 3. 66:334:�TraditionalN�igliliorhood Dish Sfandards 7194 7195 Sec: 65:3�1.:Density aQd diinensio�ul`atartdards�tatil'e: 7196 Table 66.331. Ti^aditional NeighHot�7�ood Distrietllinrensianal Standards se�s Porth density and dimansianal standare1s 7197 that are specific to TradiYional Neigki6orkood DistricYs:. Thesa standards are: in addition to tke provrsions oGhap�e'r 63. 7198 Regulafians of General Applzca�tlity. 7199 7200 7201 7202 7203 7204 7205 7206 7207 Tab3e 66:33L Traditional�Neigh6orL'ovd�DisYrictDiuYeusional�Standarils 72�8 7209 7210 �211 7212 7213 7214 7215 7216 �Z1� �21g 7219 7220 7221 �222 7223 7224 3��� 7227 7228 r Non-residentlal or mixed use (iacluding 03 - 1.0 FAR n/a n/a none 35 d 0- I S i i pazking strucmres) „ '� a a�rpms r f sr �� , > � � TN2<, PP � ,. " f '' ,��w�,F , " �„ ,� �;�. 7 �-, � <.__ ,>,. 5c, � .�f....... .r... . FF r.uY F ..,... a� . 's :�. r .....,,. ,. ..,..,., i 1-family dwelling 6- IZ uniu t acre b 3,500 b 30 none 3S d � 15 - 25 h i 15 2-family ! townhouse 8- 20 units / acre b 2,000 b 20 none 35 d 10 - 25 h i 15 Multifamily 10 - 34 units / acre 6 1,300 b n/a none 35 d,e I S- 25 h i i Non-residential or 0.� - 2.0 FAR with mixed use (inctuding surface pazking n/a n/a none 35 d,e 0- 10 i i pazking structures) 0.5 - 3.0 FAR with structured pazking c ; TN3';i �s, r „ .�. �.s �+..., �. �;§ x!. ��. : s-rr f � .. . �-"=. � . - ; .� '. Y �' -i' R ' _., _. .._..., -,_ .....,.v.....- .,.P ._.,,. .....,.. a:, ae . ...,. - . n.. ..ew. ....., ..:.: F;' I-family dwelling $- 12 units / acre 6 3,500 b 30 2� 35 d 15 - 25 h i�� I S ss � 2-family / townhouse 10 - 20 units / acre b 2,000 6 20 2 35 d 10 - 25 h i 15 Multifamily 30 - 44 units / acre b 1,0�0 b n!a 2 45d,f,j 15 - 25 h i i Non-residential or 1.0 - 3.0 FAR n/a o/a 2 55 f,j 0-] 0 i i mixed use Pazking structures nJa n1a nJa n/a 45 g 0- 25 20 20 Mia - Minimum Max. - MaYimum FAR - Floor Area Rario n/a - not applicable Notes to Table 66.331. Tradifional Neighborhood Distcict Dimensional.Sfandards: � �6 7229 (a) Unitsper acre is calculatedbased,onnetacreageforzesidential development: Density based on uniYs per acre:must 7230 be calculated for parcels of.an aare or moxe in size. F9r smadler parcels,.xhe maximrxm uuruber of units ma3?:ba: 7231 calculated based upoii minimum ]ot size per unit. In.calcnlating the area aEalotthatadjoins.a dedicated:ppbli�� 7232 a]Icy, for the purpose of applyiag lotarea and density iequiiements, one-half the width cat such aaley adjomin_g fhe 7233 lot shall be considered>asp'arYofithe loY: 7234 (b) 7235 7236 7237 7238 7239 7240 In calculating the tie increased by tt a multiple-family possihle on.a lot- maximum units al showriig parking : space the�totarea an -:(A 5U0�, wfie� be:•sequiced wh�en.applying�£dx�=fhis lotarza tionus: 7241 (c) Floor azea ratio (EAR)�shalLbe�prorated.upon the:percentxgeafxequired:parking�tliatss prorizied�as stntataced�. 7242 parking. 7243 (d) Except in the River Cozridor Oyetlay District, height of-structure.may exceedstiie. iriaxiinum if set:back frorn side 7244 and irear setback linas_a distanc�, equal to. additional=$ci�ht; 7245 (e) A maximum:height af forty-five (45) �eet.may be permitted:with a eondifiorial vse:permif when Yhe structct're:is 7246 wiUiin six hundred (600} feet:of an existing or:planned�lransif-stop on� a desigaated transiY street. ,A maXUii#airi: �: 7247 height'ofsixty-five(6�):�eetma3�tsepenm�itter�:with.a�eonditional:usepermifforproperGqalong_Universit�yAveiine 7248 within six himdred (660)'faet'of an existing or planned transit-siop,: except oa fifie foflawing blocles; where heigh}� 7249 greater than forry-five (45) £eet would generalLy be incompa�ib�e wifh the suxroundingneighborlioods: north,side 7250 of TJniQeisifq between-Aldine �Sfreet and= St. Aibans SEreet, and between 1�ent Street and Galtier Street� andsouth 7251 side of Universitq beti�eeu:Oxf'tsrd Streetand St. Albanss#rezt and�between 1Vlackubin SYreef� and Galtier �tte,e`t. 7252 (fl Except in the River:Corridor Overlay F3is#rict, a maximum.height o�ninety (9Q) feet may be permitted with a 7253 condirional use�pexmit; 7254 (g) Excegf in the River Corridor�O�eriay District, a maxvnum height of sixty-five (65) feet may be permitted wztha 7255 conditianal ase permit: 7256 (h) Where at least fifly (SOj percent of flte front footage of tha block is bru7t up wifh principal strucfiures, the minimnm 7257 front yard sefback for nedi� struc#ures shati ba the average sa"tba�k of the exisfing structures, or the normal sefback 7258 reqpizementinthedi�tciGf'pinshalftheasnounttheaverageseEt>ackisgreaterthanthenormalsatbackzequiretnenrt; 7259 whichever is less. Existing struchues setback.twenty (20) percent:more or less'than the average shall be discounted � F 7260 7261 �z6z 7263 7264 7265 7266 7267 7268 7269 7270 7271 7272 7273 7274 7275 7276 7277 7278 7279 7280 7281 from the formula. The minimum front yard setback shall not exceed the ma�cimum front yard setback requirement. Sixty (60) percent of the front facade must fall within the masimum setback. , 3 102� (i) No side or rear yards are required along the interior lot lines except as otherwise specified in the buil mg code; provided, that if walls of structures facing such interior lot lines contain windows or other openings, yards of not less than six (6) feet shali be provided. Side and rear yards of at least six (6) feet shall be required when a� nonresidential use adjoins a side yazd of a residential property. These setbacksequirements from interior lot lfiies shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of light and air to adjacent properry; sufficient space for maintenance of the building from the same lot; and prevention of damage to adjoining properiy by fire or runoff from roofs. (j) In developments for which a master plan was adopted by the City Council as of August 23, 2001, and for which there was a si�ed, approved redevelopment agreement with the Housing and Redevelopment Authority of the city as of August 23, 2001, a mazimum height of si�ty-five (65) feet may be permitted without a conditional use permit, and a maximum height of one hundred (100) feet may be permitted with a conditional use permit, provided that such developments, to the extent reasonably possible, follow the design guidelines of the "Sustainable Decisions Guide for Ciry Facilities" or other sustainable development guidelines. In developments for which there was a signed, approved redevelopment agreement with the Housing and Redevelopment Authority of the city as of March 17, 2004, a maximum height of seventy-five (75) feet may be permitted with a conditional use permit. Division 4. 66340. Required Conditions 7282 Sec. 66.341. Required conditions in<TN�1-TN2 Tradiixonal Neighborhood�Diat�icts: 7283 (a) Amauntofparking: 7284 (1) The minimum amountaf reqdire'dparksngsfialT be as specified in Chapter 63. 7285 (2) The maximum-amount of surfac�� pai s6all�not exceed the sgecifi'ed miffimuin by rnore than tan ;(.1D) 7286 percem ar two spaces wliiehever i5:greatei�.If additiohal:pazking is desired, itmust be placed undezground 7287 within.an encloseil btYilding; or in afiick und'er garage: 7288 (3) For properties having fiCOnfage on. a ttansit sfreet; as defined, the minimiun.amount of requuecl off=sfreef, 7289 pas=king'farnonresideritialuses,a'sspecifadinChapter63;mayl�ereducedbyuptotwenty-fiye(2�.peic8n`t_ 7290 (4) For properties wiEhui orie=quarter ('/)-mile ofastrattsit:stteet, as. de�ned, tfie minimum ainount of rer�nire�l 7291 off-street parking for re'sidenrtal ctses may'be reduced to orie pai space per dwelling unit. This p'rovision 7292 appl&es to principal and secondary dwelling units and units in inixed-use buildings� butnotto Iive wark'unifs: 7293 (b) PZaczment ofparking>. Snrface:parking may f�e locatedc 7294 (1) To thz rear of fke principal6uilding or within flie rear;yard area of tlie 7295 (2) In an interior side yaid if rear parking is impractical;or insufficient, proy?ded thatsur#'ace parking areas: and 7296 entrance drives�oecnpyno�inarethanfifty�(50) perceiit'ofthe total loffrontage; 7297 (3) On a separate-lot, in:compliance with.Section 63.304. 7298 �4) If a variance of.this_paxking�lacemantsequirementis ne�essary to allow parking in frunt of a buildiug- 7299 because of spedial needs and site.constcaints,:there shoqld be a goodpedestrian conneatiqn between the:: 7300 sidewalk and BniI�ling entiance, and ilie asea sffould be weIl landscaged. 7301 (c) Isi the 'I`Nl District, 9Il;activities excgpt for off-street parkingand:lflading�shall�take�piace within oompletely 7302 encl4sed buildings; with the exceprtion of outdoox seating areas for coffee sho�rs or similar uses. Drive-tbrough 7303 sales and services (primacy or accessory) are not allowefl in the TNI Distridt, and are not allowed unless 7304 specif�ballypermitted 6y a'dondafid3�a1 ase peimit ia t7xe TN2'I)istriot. 7305 (d) Storefronts or ground floore'originally designed for commercial use shall notbe conaerted to more thxn fdiy (50) 7306 percenf residential usa without°a conditional use pers�it. In c�nversion from commercial to residential use, She 7307 elements of traditional sto'refronf desigh where present sfiall lre retained� Tfiese include door and wind"ow 7308 openings, clisplay windows;ant�rmediate carnice lines; sign bands, awnings; arcades, and primary entranc�s facing 7309 the public street. 7310 (e) In mixed-use buildings, nonresidential uses shall be located on the first floor or lower floors of the building. '� 7311 Residential units in mixed-use buildings may be located on any floor, but not directly beneath a nonresidenrial use:� 7312 Sec. 66.342. Parking requirements in the Tl`3 Traditional Neighborhood District. 7313 (a) Amount of parking. O�' 1 Q Z� 7314 7315 7316 7317 7318 7319 (I ) The minimum amount of required pazking shall be two-thirds of the minimum specified in Chapter 63. On- street parking located along the frontage of a property may be used to meet,pazking requirements for that, property. (2) The ma�cimum amount of off-street suzface pazking shall not exceed one hundred (100) percent of the minimum specified in Chapter 63. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck-under gazage. 7320 (b) Placement of pm-king. Surface parking may be located: 7321 (1) To the rear of the principal building or within the rear yard area of the parcel. 7322 (2) Tn an interior side yazd if rear parking is impractical or insufficient. Surface pazking areas and entrance 7323 drives accessory to a principal building or use may occupy no more than thirty (30) percent of the total lot 7324 frontage. 7325 7326 7327 7328 7329 (3) On a separate lot, in compliance with Sectlon 63304, provlded that surface parking is not permitted as the principal use of a 1ot unless it is shaced among multiple 6usinesses or uses. (4) If a vaziance of this pazking placement requirement is necessary to allow parking in ftant of a building because of special needs and site constraints, there should be a good pedestrian connection between the sidewalk and building entrance, and the area should be well landscaped. 7330 Sec. b6.343. TraditionalNeigHbor&o�d District.desigu standards. 7331 (a) 7332 7333 7334 7335 7336 7337 7338 7339 7340 7341 7342 7343 7344 7345 7346 7347 7348 7349 7350 7351 7352 7353 7354 7355 7356 7357 7358 AppLicabi�Zty. The TcadiliouallVeighborhood District design standatds undeepazagraph (b) balow.apply�to. development withia TNI-TN3� 3'radi�ionalNezgfiborhoorl �D'isfricts, as indic�ated in Tab1e 6b.343, AppZicability of Traditional Neighborhood DisYrict Deszgn Sta'ndkrds: Site pl`ans aad otlzer'developmerit proposals within . Traditional Neighborhood Distcicfs shall be consistenf.with the applicable design sfaadards unl'ess the applicant can demonstrate that>Eheze are= Giraumstances unique to the properiy ttiat make complianc�impracti'eal-or: ` unreasonable. In cases:where �are specifiic desiga stairdards?or. guidefinas'have'been dev�loped=aspartoficif3�:. counci`�approved master plans; small acea�pla�(s, or othex cityy-approved.plaiis far spe�Yftc�sites;:fhoseshaLl:talCe' precedence. All sfandard's in seation 63:110; General.design.standards,:are also applicable.to :development w�fliin 'I"N1-TN3 Traditiona1:1�1eighborfiood Districfs. Table.66.343. Applicability of TradifionaT;Neig&borhood;D'tstrict:DesigQ Standards 7359 7360 7361 7362 7363 7364 7365 18. Pazkine both sides of streets 20. Residential aarage locarion 21. Pazking lot lighting 22. Entrance location for uansit access 23. Street h�ees �3 ✓ �� _� �� �� �'� r Y � f ✓ ✓ ✓ 7366 7367 (b) Ti-aditional Neighborhood Disirict design standards. 7368 (1) Land use diversiry. In general, it is desirable for each block to include some diversity in housing type, 7369 building type, and mix of land uses. Any two abutting block faces shall include more than one ]and use or 7370 buildingtype. 7371 7372 7373 7374 (2) Similar facing buildings. Buitdings that face each othet across a street shall be generally similar in height, scale and articulation. (3) Transitions to lower-density neighborhoods. Transitions in densiTy or intensity shall be managed through cazeful attention to building height, scale, massing and solar exposure. 7375 (4) Block Zength. Block faces=in mixed use areas shall typically not exceed four hundred (400) feet. Block faces 7376 in xesidenrial areas�shall tygicall� follow the pattern af neighboringbiocks, but shall not exceed six hundred 7377 sixty (660) feet, the length of the standard Saint Paul block. 7378 (5) Compatible rehabili£tttion and reuse. Remodeling, additions or other alterations to existing traditional . 7379 buildings shall be: done in a.izraniier tliat is compatib#e with the original scale, massing, detailing aqd 7380 materials of�the ariginal�buil'ding: .Original�materiais:ehall�beretained��and preservedtothe extenYposs'Li�}e. 7381 (� Use establishez3 buildi'n'g,�aeade� lines. � New buYldixi�s'shalltelate to�the established buildi�g facade 7ine:on 7382 the block where they aza:locafed. On most nonresiden4ial or m�ed nse 6locks, tFii's is the inside edge of the 7383 sidewalk. Forooiner�bni'fdings, each �a�ade that frants�apublic street:shali maintain'the established�liuiliiing 7384 facadeline. Pd;tions,ofthe.facade.may be setBacka=greaYer distanceto empfiasize entries or creata outrloor 7385 seating and gathering areass. 7386 (7) B�cildzngs anchdr the corner. Nawbuildings on corner lots sha11 �ie oiierited to the corner and botfi public 7387 streets: 7388 (8) Front yard Zandscapingr �Front yard�areas located�tieriveen tlie prinsipal'building and the street shall be. 7389 landscaped. H�d�surfa¢ed 9i-eas shouTd inclnde ain8nities snch as bBnches and planters. 7390 (9) Building faeade.-corrtinuity. Nev4 bnil$ings along:commercial ar�d mixed-use s4reets sha]]: provide �: - 7391 conYinuous facade afong tlie sfreet. W�ere break"s°occnr, the street edge shall be contmued fhraugh tbe use 7392 of feneing, low �+talls:andlor iand'scaping. 7393 (1Q) &uiZdiragfacade�apticulation=base,middleandtop. 7394 7395 7396 7397 a. � Nlost tradirional��buildinga:in Sai�tPaul..have�a�strong�pattem�ofbase� middle aud top, created�6�° variations in detailing, color and materials. I�Iaw buildings sttall .respond to this pattrm, Articulated tops shall= be considered in the design of a11 new buildings. This articulation might eorisist of pitchad roofs, dormers, gable ends, carnice detailing, atc. 7398 a The basa of �Eke'6nilding sha11 ineliide elements that relate to ttie human scale. Tbese shonld include 7399 doors and.windows texture, projections awninos and:canopies oinament etc. 7400 (11) BuiidingfaeadearzBculation—vertieal. Consistentwithmosttradirional'buildingsinSaintPaul,abuildmg 7401 width of forty (40) feet or less is encouraged. New buildings of more fhan for[y (40) fe8t in widfh shall be 7402 divided into smallex mcrements, betweentwenty (20) and forty (40) feet in cvidth, thrbugh articulafion offfie 7403 facade. This can be achieved�through combinations� of tiie following techniques, and others that may m�et 7404 the objective. 7405 a. Facade modula�ion:.: stepping back or extending forwaTd a porEion of the facade. 7406 7407 fILQI�? � b. Vertica] divisions using different textures or materials (although materiais should be drawn from a+ common palette). � ? J •IO2 8 c. Division into storefronu, with sepazate display windows and entrances. 7409 d. V ariation in roof lines by atternating dormers, stepped roofs, gables, or other roof elements to reinforce 7410 the modulation or articulation intervai. 7411 e. Arcades, awnings, window bays, azched windows and balconies at intervals equal to the articulation 7412 interval. 7413 (12) BuiZding height — treatment of I-story buildings. New buildings of two or more stories are encouraged in 7414 TN l and T'N2 Districts, and required in the T'N3 District. One-story buildings, where constructed, shall be 7415 designed to convey an impression of greater height in relation to the street. This can be achieved through the 7416 use of pitched roofs with dormers or gables facing the street, a higher pazapet, and/or the use of an 7417 intermediate cornice line to separate fhe ground floor and the upper level. 7418 7419 7420 7421 7422 7423 7424 7425 7426 7427 7428 7429 7430 7431 �43a 7433 7434 7435 7436 7437 7438 7439 (13) Defznition of residential entries. Porches, steps, pent roofs, roof overhangs, hooded front doors or similar architectural elements shall be used to define all primary residential entrances. (14) Door and window openings — minimum and character. a. For new commercial and civic buildings, windows and doors or openings shall comprise at least fifry (50) percent af the length and at least thiriy (30) percent of the azeaof the ground floor of the primary street facade. b. Windows shall be designed with punched and xecessed openings, in order to create a strong rhythm of light and shadow. c. Glass on windows aad danrs �hall=be clear or sli'gh#1y tinted, allowing viewS into and ont of the intetior. d. Window shape,'size and�pattarns shall emphasize the�intended organization of fhe facad�_and,the definrtion of tha'bnilding: (15) Mate'riats and detailing.�. a. Nonresidential-or. mixed use, baildings shall: lie canstrncted o E high: qualiYp materials such as btiok,. strnie, textured cast:stone, qr:tir�ted masonry.uniYSC The £ollowang materials are generall,y not. acceptaBle: - unadorned:plaurorpainted:concre#eblock - tilt-npoor�cr�e�panels - pre-fabricafed`stee] or sHeet metal panels - reflective glass - aluminum;viriyl,:f�berglass;asphaltarfiberboard°siding b. A1] building facadeswisibla from a public streeYror walkway shall employ materials and design features similar to fhose of ffie front facade: 7440 (TS) Screening oJ equcpznen�and service areas. If an outdpor.storage, servioe or loading area is visikrlefrom 7441 adjacent residential uses or a public street or walkway, it sha1T be screened by a decozative fence, wall or-' 7442 screen of plant�mafetiaiatleast six (� feet in h�ighT. Fences and waY1s shall be arcfiiYecturally compatible 7443 with the primary structure. 7444 (17) Ziztercannected streex and aZley network :. The existing street and alley network shall be preserved-and 7445 eartended as partbf any new development. If fhe street network has been interrupted, it. shall be restored 7446 whenever possible. Gu1=de-sac streets'are discouraged; crescent-shaped or eourtyard sfreet arrangeriients may 7447 beusedwhen:streetconnectionsareimpractical: 7448 7449 7450 (18) On-sfreet parking. Stceets shall gznerally have pazldng Qn boEh sidestp buffer pedestrians, calm traffa and supplement off-street parking un1ess the space is needed to accommodate traffic volume, emergency vehicles, transit ar delivaxias, 7451 (19) Parking Zocation ¢nd entvunce design. 7452 a. 7453 7454 7455 7456 b. 7457 � �: � Off-street parking shall be provided within a principal structure, unde�ground, ar to the rear of building� to the greatest extent possible. Limited side yard pazking may be appropriate. Entrance drives and ` garage doors for underground or structured pazking may face the streej� sha I be des�i for pedestrian convenience and safety. V�� � 0 2 O Surface parking shall not be located within thirty (30) feet of a comer. Buildings shall be located to emphasize and "anchor" the comer whenever possible. ` 7458 (20) Residential gm-age location. Attached residential garages shall be reces'sed at least ten (10) feet behind,the 7459 front facade of the building. Detached residential garages shall be located in the side or rear yazd, recessed 7460 at teast twenty-five (25) feet behind the front facade of the buitding. When an alley is present, gazages shall 7461 be located in the reaz yard and accessed through the alley. 7462 (21) Parking Zot lighting. Pedestrian-scale lighting shali be provided within pazking areas. Light standards shall 7463 be nine (9) to rivelve (12 ) feet in height and have a downcast glow. 7464 (22) Entrancelocationfortransitaccess. New and e�sting retail, office and multifamily housing shall coordinate 7465 with the transit agency in locating bus stops and related improvements. Building entrances shall be located 7466 to provide easy access to bus stops and shelters. 7467 (23) Street trees. Street trees in the street right-of-way, as prescribed by the City Forester and Section 69.600 of 7463 the Subdivision Regulations, and other landscape improvements shall be provided along all streefs at regular 74b9 intervals to help define the street edge, buffer pedesteians from vehicles and provide shade. Trees shall be 7470 located in a planting steip at least fiye (5) feet wide between the aurb and sidewalk, or in aplanter ar plautmg 7471 structure of a design.acceptable to the City. 7472 (24) Sidewalks, SYreets skall be desigued with sidewalks on both sides excapt where they abut a pazk or otfier 7473 open space. Sidewalk width shall.be at'}eastfive (5) feet, and six (6) feetar more imareas of higli pec�estrian 7474 activity. 7475 Sec. fi5.344;_ TN3 Traditional Neighborho�d'District reqnired eYemen'ts. 7476 7477 7478 7479 7480 7481 This:secfiom app]'res to TTI3 d'rstticfs= for wHioh a masYer plan desxgpafes blocks:;orportionsofblo fBsiclenfial,"lnixe�use,""openspace;"��"edge,"or`�^Cransition�area." �ATT73 Tr'adifionalNe"igfibochi {15) or:more acres: in area sl�all inolude;.at �.ininimurn, a mixed resYdential area azid the specified, mi� of open: space within one-quarter ('/a} inile of amixed=use neigl�borkoad center. These elements ma the TN3 disfrict ot:adjacentto the intent is-that theywould be presentwithin a reasonable walkuzg use area an8%r an edge/trausitionarea:may also-6e r.equired;rdepending tlie craferialisted:below.. as "mixed: District Q£ fi£G be fa 7482 (a) Alfxed use creea. The mixed:�tse:aiea consists of serviee anclretail�comineiaiaT�nses, workpTaces, civic nses; �. 7483 housing, and public open space�' It conta�s Ehe broadest variefy of land uses� and is intended YQ function a`s a center 7484 ofacliyityforresiderits�offkeentize.TN3Dish'ict'and;�poYenfsally;�surroutYdingaieas. 7485 7486 7487 7488 7489 7490 7491 7492 7493 7494 (1) All residential ]ots witliia:a TN3 Traditional Neighbo'rhoodDistriot sAbuld be located'witliin approximately an�half mile of an exisfirig:or propased' mixed irse'area_ (2) The s�quiremenh'to inc�lude � a mixed� use area. may � be fulfi71ez1� bp adjacent mixed nse azeas such as . neighborhood. cotnmercial>nodes. (3) A mixed use area sha91 be composed of at least two of the following:lan�l use categories; as caTegcn�iaed=m Table 56.32I. Prinaipk£ tJses in Traditional NeighTiorhood Districts:: � � c. Commercial uses, such as general ratail, restauranxs, offtaes, serczices and accommod�tions�. Residential uses, not�inctuding one family or rivo-family dweltings. Civic and institntaoaial uses such as school, place of worshig, comniunity meeting faeility, library,:and transit station. 7495 (4) A new mixed use area shall also'include centratly located public open space, in the form of a squaze, park 7496 or plaza. 7497 (b) Mixed residential aYetz A mixed residential araa consists of a vaziety of housing types and Gmitezlroffic� and 7498 service uses: IYmaybe located anywkere within the 1'N3 disfrict, and is intended to be linked to surrounding areas 7499 by iriterconnected streets, paths and open spaces. W �soo 7501 7502 7503 7504 7505 7506 7507 7508 7509 7510 7511 (1) A minimum of fifty (50) percent of all dwelling units shall consist of multifamily uni units in mised-use buildings, and/or attached single-family units such as townhouses and live-work mmi� �. � O 2$ (2) If over fifty (50) units are proposed in a site plan or master plan, at least two housing types must be included from the following categories: a. one- and two-family dwellings; b. attached units such as townhouses and liv�work units; and c. other multifamily dwellings (3) For infill development, the required mix of residenria] uses may be satisfied by existing adjacent residential uses within a two-block radius. (4) Up to twenty (20) percent of total floor area may consist of office and limited service uses as part of live- work units or integrated into residenrial structures. (5) All residential lots shall be located within one-half mile of e�sting or planned public or common open space. 7512 (c) Edge or• transition area. An edge area may be.required as a lower-density transitional zone responding to adjacent 7513 uses. The required m� of housing types specified in the previous sections will not apply in transition areas. 7514 Densities and uses will depend on adjacent conditions. 7515 (d) Open space areas. For a TN3 district of fifteen (15) or more acresin area, a.minimum of twenty (20) percent of 7516 a districP s gross acreage, exclusive of streetoralley right-of way, mustbe dafi�red inthe master plan as open spaae, 7517 which may include undevetopable azeas such�-as steep slopes and wetiaasds, and stormwater basins. 7518 (1) A minimum of frfty.(50) percentof the requized.opan spaae shali`beacdessib7e to and usable by tha publi'c, 7519 such as a central.sguare or plaza, neighUorhood.pazks greenways; trail eorridors, or extensions of exisring 7520 parks on the peraphery (as speaified in_AOrriprahensive orsmall.area�plans, or in the mas"terplan�process): 7521 (2) Existing garks:ax:opeg space adjar,en�to:the areamaysatisfy�e open=space res�uirement; a fee-ia Tien.of 7522 park dedication-maq be xequired for euliancemgnis to sycfi adjacerif°�xistingparks or open space. 7523 Sec: 66:345. TN3;District;plan�tiugr.equirements:: 7524 (a) Prevzouspl�rrxs. An}rpre=esisting.City-approved�plans,sueh.assmal�.aiea:p�ans 7525 preparedforthesitaortliesur[onndingareaslia11:6eincorposafedasappropriateinpreparinganydeveloprnesitplan 7526 for a TN3 TxaditionallVeighhofhovd �istrie� �ite: Tt ts anderstaad:thatfhese:plans may acoasionally be.amended 7527 as contlitions change.."l�ke in'te�'o£ siich:plans shadl:be realized to Ylie sxtentipossili'Ie�. in any si�bsequent '. �_ .. 7528 development.plans. 7529 (b) Masler plan: For anyTN3 dzsiricYoF fifEeen (15) acres or m`ore in area, a master plan shal] ba prouided£or+reuiew 7530 andxecommendationbylhePlanningCoinmissionandapprovalbyCilyCouncilresblution. Themasterplanmay 7531 be already in existence,. or it may be prepaced by City stiaff or by tfie applicant or developer. A`17�3 area for wfi`ich 7532 a masfer plan has bea� adopted by the city councit shall be designated as a TN3 �iV1) disfrict. The inaster plan shall 7533 include the following information:, 7534 (1) Aloeationmap-dfsuitablese�ale�showingttieboundariesaaiddimensions�ofthesitewitliintheconfexto�tkie 7535 community-and adja�en�}�aroels: The map.or maps shall�shoW: 7536 7537 7538 7539 7540 7541 7542 7543 7544 7545 a. Locatian� of..angstceets; cailibads; significan'tnatnral, geographio or topogaphic featuras; andpther major feahues within five'tnzndred(SOOj feet-of:tlie site; a'nd b. Bxistin'g parks, apen sp�ce, major institutions, anfl concenteations,af commercial. uae within caae-half mile oYthe site. (2) Asiteinventoryandanalysistoidentifysiteresources�dconstraints drained soils, soils with 6edrocknear surface, utiTity 8asements, elopesgreaterthan rivelve (1�) pereent, and areas .of possible sosi con`tanunarion. (3) Plau graphics, inchzding but not limited to the following: � � Topographic contaurs at five (5) foot intervals. Layout of biocks: , �; 7546 c. Circulation system, indicating existing and proposed streets or rights-of-�ay, transit stops, bike routes, I. 7547 sidewalks and other wallcways. 7548 d. Street classification system, designating all streets by function within the sitQ 3• � 0 2$ 7549 e. Block-level analysis, designating blocks or portions of blocks as "mixed residential," "mized use," 7550 "edge," "transition," or other (see section 66344, Requued elements) and identifying primary building 7551 types on each block. Blocks may be designated for a range of traditional neighborhood elements and 7552 building types. Undesignated blocks would allow the full range of TN� uses and buildina types. Blocks 7553 shall be defined in relation to adjacent street ciassifications and open space. 7554 7555 7556 7557 f. Open space plan, including all azeas to be set aside as public or private open space and their preliminary design treatment. g. Preliminary landscape plan, indicating street trees and landscape treatment of ail streets and public spaces. 7558 (4) Plan graphics may (but aze not required to) include examples of building elevations for each building type; 7559 an indication of building scale, height, massing, pazking location andrelationship tothe street; visual analysis 7560 of impact on critical views andvistas; and examples of streetscape and other public improvements, including 7561 light fixtures, screening walls and fences, benches and other street furniture. 7562 (5) A preliminary stormwater plan, identifying preliminary locations of structures and methods to be used in 7563 managing storinwater and surface water on the site. Any wetlanSs or floodplain on the site shall be 7564 identified. Integration oPstormwater treatment into the landscape and site design is encouraged, as is the use 7565 of natural mefhodsFsncfi as ponds or swales. 7566 (6) Phasing plan, whexe applicabie, including the phasing of open space and street Improveutents. 7567 (7) Utilities plan, indicaring:existing.condilions and proposed changes, a,s:appropriate. 7568 (c) Changes to.masterplan:: On�e:appxove8,:a;rnasterplan>ma�bemaclified=:as:follows¢ 7569 (1) Nldnox:modifcatidn. Minbr tnod'jfraafions=tv-an apprnv�d master platiSma� be requesteclby the pro�7e7Cy 7570 ownerordeveloper. Theplanning:admiriistratactnayapproveminormodiFcations,inaludingchange's'ofless 7571 thairteh (10) percent:inl�nd areadesignaCed in a specific.eategory,:grovided such changes arz consistentwith 7572 the��intentoftka=mastarglan�: 7573 7574 7575 7576 7577 7578 7579 7580 7581 7582 7583 7584 7 505 (2) tYlajor modifi'catidn. 'Majotmodificafibns to an apprbved masterplan maybeinitiaY'ed-bythe city counc7l; the plannina cominission; or any person=having ast ownetship oi lexseliolil interest (aotttingent inclui3ed);in properry that is tlie su�Zjecf, ofthe propo.sed modification;: Nfajor inodific.ations include cYranges of'ten:(l f?) percent or more:in:land area:designatedsin.a speei£'icxategory; creation of a new.pulilic: sh removal'af a public street: segme�nT; iemo val_of a park. or ope�n sgace-area; or addition. or ramoval:af:ap� entire�.blo�lc MajoY modifications may��be approved'as an� ainendment. to �the masfer; plan bq ci"ry� council �resolution,: : following planning commission review, public heazing recommemdation. ARTICLE:N. 56:4fl6: BUSINESS DISTRICTS Division 1. 66.41_0. Intent i��9�.ltil.}!S!ll! �Jl��!1!S.'1111Tb7 JAII�l9T .. .: : . - 7586 7587 Sec. 66.411. 69:5ii: Intent;.OS.Office-Secvice District. 7588 The °�-'—rioc�r Office-Service District is intended to accommodate various types of office and service uses performnig 7589 administrative, professional and personal services and to serve as a transirional use between the more intensive uses of 7590 land such as maj or thoroughfares or commercial districts and the less intensive uses ofland such as one-family residenrial. 7591 (Code 1956, § 60.471; C.F. No. 96-694, § 6, 7-10-96; C.F. No. 00-972, 11-8-00) 7592 . . , . 7593 . . . . �594 . . . . 7595 . . . , . 1' �3•1028 7596 " , , 7597 , . 7598 , , ... . - , , - � � 7599 7600 7601 7602 :' �_�^�T_.-�=_-� .; : . . . - - . . : � : . : � : :. . .: . . .: .1� .. . . � . . : • .oia�.��:: � .,�.a.a::..� 7607 . . . . .1• . : . . : • . . ... : 1' . .•.>: -.. . •. . • .• •. . '� 1 : . . : . . . , .. . .: . � .. . . . : . . . . . . .. .: � � .. . . . � � '��� • • �•�� �1� • • •��T �� � • •• ��� •J• 3 �• �1)��Li�Klll�����\l\������5\l�/\9R/AIR�� �{Il�l�q��l/I�I��Il�llp\RO�IR���\19��1�1�Y.�191\1�1��1�A1!���r��111�11 �I�1` �l��l�l��JwT1�l���l�Al�l�lrllf�ll � • _ __ ' • _ _ • " _ _ i _ _ _ _ _ _- i � � i - 4� - -•,: - i - - • i• - •i • - � - - • i 'iri - i i• G - -- i - • -- . i � - -- •:" i • - r• i � V _ _ � i :�i - 7624 , . . 7625 , 7626 d�=eHing-miit: 7627 a - . 7628 . . . - > - - 7629 . . . . 7630 - - . 7631 - , , , 7632 7633 . , 7634 . .• . . : . . . . :.. .. . � � •J • , • � �• �• `��i�� '� J��iG�i�/���q��JII�/�� m �oY8 7688 , 7689 , . � � 7690 . . . - , - - 7691 7692 7693 . 7694 Sec. 66.412. 68:53�i: Intent, Bl Local Business District. 7695 The B=1 Local Business District is intended to permit those uses as are necessary to satisfy the basic convenience 7b96 shopping or service needs of persons residing in nearby residential areas. 7697 (Code 1956, § 60.481; C.F. No. 00-972, 11-8-00) 7698 . . . . 7699 . . . . 7700 . . . , 7701 . . . , . 7702 7703 7704 ,: . .: : . - : 7705 Sec. 66.4i3.69:35�. Intent;:BC Cotqmunity,�Bdsiness (.Conveited):Distnict. 7706 H�The BiC Community Business (Converted) Districttaereate is a business district expressly for existing 7'707 residential structures in commercial areas, which will permit the operation of businesses which do not generate large 7708 amounts of h�affic and at the same time will retain the visual character of the building forxns and open space associated 7709 with residential uses. This includes a limited height on buildings and front and side yards. It is fiuther the intent of this 7710 district to provide pazking for employees who work in buildings which are converted from residential to business use. 7711 (Ord. No. 170b2, 10-20-83; C.F. No. 00-972, 11-8-00) 7712 . . . . 7713 . . . . 7714 . . . . 7715 . . . , - 7716 7717 7 710 / I/ I • I � I F �iIRA)f/RSPT1% a1M�.l�)1 7719 Sec. 66.414. 68:S�b Intent, B2.Commanity,Business Distnict. 7720 The B=2 Community Business District is intended to seroe the needs of a consumer population larger than that served 7721 by the "Local Business District," and is generally characterized by a cluster of establishments generating large volumes 7722 of vehicular and pedestrian traffic. 7723 (Code 1956, § 60.491; C.F. No. 00-972, 11-8-00) 7724 . . . . 7725 . . . . 7726 . . . . ��2� . . . . ��28 7729 7730 ,,, . . .: •„ £� ( b ir ��61028 7731 Sec. 66.415. fi63Gr Intent, B3 General Bnsiness District. 7732 The B=3 General Business District is intended to provide sites for more diversified types of businesses than those in the 7733 B=1 and B=2 Business Dishicts, and is intended for�aeaiietr, use along majortraffic arteries or adjacentto the Community 7734 Business Districts. 7735 (Code 1956, § 60.501; C.F. No. 00-972, 11-8-00) 7736 . . . . 7737 . . . . 7738 . . . . 7739 . . . , . 7740 7741 .. , ,. . . �-,,, „ -' n - — .�uuuivrszvie i. � 7742 7743 Sec.66.416.66�5�1: Intent;B4°CentralBusiuessDi'strict. 7744 {aj The B=4 Central Business Dish provides for a variety of retail stores and 7745 related activities, ar�€ei-office buildings and service establishments which occupy the prime frontages in the Central 7746 Business District; and cvhiek serve the a consumer populafion beyond the corporate boundaries of the city. �Uj The 7747 district regniatians-arc is also designed to provide for the needs of the daytime work force, a Central Business District 7748 resident population and a transient population, along with the recreation demands of such population groups. 7749 (Code 1956, § 60.511; C.F. No. 00-972, 11-8-00) 7750 . . . . 7751 . . . . 7752 . . . . 7753 . . . , . 7754 7755 7756 �' . : .• :: . 7757 Sec.66.417.68�58� Intent,BSCentral$usiness-ServiceDistrict. 7758 {zj The B=5 Central Business-Service District is intended to provide the necessary services for the population area which 7759 isservedbyallofthepreviousbusinessdistricts.Suchserviceestablishmentsofteninvolveobjecrionableinfluences,such 7760 as noise &om heavy service operations and large volumes of truck traffic, and aze tht�s incompafible with the previous 7761 business districts. {}sj These districts provides for wholesaling, restricted manufacturing and other business uses which 7762 are needed in proximity to the Central Business District and require central location to permit serving of the entire city. 7763 (Code 1956, § 60.521; C.F. No. 00-972, 11-8-00) 7764 . . . . {f 7765 . . . . 7766 . . . . - T I r 7�ss . . . , ' 0 � • � Q 2 8 7769 Division 2. 66.420. Principat Uses in Business Districts 7770 F. 7771 Sec. 66.421. Principal uses. � 7772 Table 66.421. Principal Uses in Business Districts lists all permitted and conditional uses in the OS-BS Business 7773 Districts, and notes applicable development standazds and conditions. 7774 Table 66.421. Principal Uses in Business Districts 7775 9��� ���§ 7780 7781 7782 7783 7784 7785 �9�4 ��ss 7789 7790 ���� 7793 7794 7795 7796 7797 7798 7799 7800 7801 7802 7803 7804 7805 ���4 ���§ 7810 7811 7812 7813 ���� 7816 7817 7818 7819 7820 �87� 7878 7879 7$S� 78$1 �g82 7883 7884 ���� 7887 �g8$ 7889 7890 7$91 7892 7893 7894 .�� . ���� 7900 �9�1 �9�2 7903 7904 �9�5 7906 •�� ���Q 7912 7913 7914 ���� 7917 791g 7919 7920 7921 7922 7923 7924 7925 7926 7927 7928 ���� e �S r ✓ I r l �',t �4'��3r a � S y'`l'� ��Fi i . � y f '� � �i fl i 7y r .., n a6w -,. C%�P/ .,!� / r, / frr �/`�f�.�✓/ o' ' �,� i {'�.�` � l 'd � �� y � f�2 't .ona;' 8 a �:a a � % � . .�..�s.��b:�.,/i,si"��f�'evlr�aklxJN,- . F,s e,�'�N��,.ffllv/`r��l�'',/'��/��5 � `,.���,.N.r',f� �r,.fu'�`/�� �� �CL"r9�/��+��,:n"y„r,✓�',, �y�j ,+�� Gl'IP",J9�3ll�3Y.;S� /o � r"' , a /,. Brew on premises store P P P P Cazering P P P P Coffee kiosk P P P P Coffee shop, tea house P/C P P P P ✓ Restaurant P P P P Restaurant, carry-out, deli P P P P P Restaurant, fast-food P/C P/C P P ✓ Restaurant, outdoor P P P P ✓ Commercial Recreatton, Entertainment and Lodging Bed and breakfast residence P P P P ✓ Bingo hall, aucrion ha11 C P P P Health/sports club -P- P P P P Hotel, inn, motel P P p Indoorrecreation C P P P ✓ Receprion ha11 P P P P Steam room/bathhouse facility P P P P P Tkeater,assemblyhall,concerthall P P P P Adult Entertainment Adult use C C C ✓ Automobile Services Auto convenience mazket C C P ✓ Auto service station C C P ✓ A�to speciaLiry store C C P ✓ Auto repair station C P ✓ Auto sales, indoor P P P Auto sales and rental, outdoor C ✓ Caz wash C ✓ Parking Facilities Parkmg facility, commercial P P Transportation Bus oi cail�oad passengec station P P P xe]istop c c c ✓ Railroad right-of-way C C C C C P P ✓ Limited Producfion, Processing aud Storage Finishing shop P P ✓ Limited produchon and pcocessing P P ✓ Mail order house P P P p p Malt liq�or manufacturing P p p ✓ Plastic products p Printing and publishing PfC P P P Recycling collection center P ✓ RecycLng drop-off station P P P P p ✓ Toiletrfes and cosmetic maaufacturmg p Wazehous3ng and storage p ,i Wholesale establishment p p p J r ' �:' .;�,e�� ' � k � - -� c�.-z . �.. . ..;� ' ..: _ " " . �, . - � ' ..: ,_. ��' .__.. .._ "�;� .... � .:.:'.,... ��.• `: -t....= '� e�s: Accessory use P P P P P P p 7931 � �, 7932 Division 3. 66.430. Business District Density and Dimensional Standards . r�wia�i�tw�u wau� �� � wliil•A1�� �� w�� ��+wr 03�1OZ8 7935 Sec. 66.431. Densiiy and dimensionat standards table. 7936 Table 66.43I. Business District Dimensional Standards sets forth density and dimensional standazds that are specific 7937 to Business Districts. These standards aze in addition to the provisions of Chapter 63. Regulations oJ General 7938 Applicability. 7939 Table 66.431. Business District Dimensional Standards 7940 7941 7942 7943 7944 7945 7946 7947 7948 7949 Notes to Table 66.431. 643$3. Business Districts Dimensional Standards: 7950 (a�) The height of the structure may exceed the maximum building height allowed in the district, provided the structure 7951 is set back from all setback lines a distance equal to the height which said structure exceeds the maximum building 7952 height allowed in the district. 7953 (ba) Off-street pazking shall be permitted to occupy a required front yazd setbxek; provided� that the off-street parldng 7954 area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any fi-�nt arside 7955 street right-of-way and meet the setback �o requirements of section 66:431(8) 7956 6i-�93�fj. 7957 (ci) Since B=�C zoned property has a residential character, buildings shall maintain a twenty-five-foot front setback 7958 or meet the requirements of section 6fi.231(g) 6i:k94{aj. 7959 7960 7961 7962 7963 7964 7965 7966 7967 7968 7969 7970 7971 7972 7973 7974 (dg) On those lots or pazcels, or portions of lots or pazcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. {$}-�hase The following parkways and portions of pazkways' -` - �iscc.'-Q'vciQw are excluded from the thYS setback requiremen abeve: Ford Parkway (from Kenneth Street to Finn Street and north side between Finn Street and "�vm�n�ic�vc 1Vlississippi:River Boulevard)r, Gannon Road,:and Lexingtan:Parkway_(froln Piarce But�er Route "to theneaxast Burlington Northem`Railroad'tiacks). (eb) No side or rear yards are required along the interior lot lines of the district, except as otherwise speciFied in the building code; provided, that if walls of structures facing such interior lot lines contain windows; or other openings, yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required when a business district adjoins a side yard in an adjacent residence district. These setback requirements from interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of sunlight and air to adjacent properiy; sufficient space for maintenance of the building from the same lot; and prevenrion of damage to adjoining property by fire or runoff from roofs. 7975 (f e) Off-street loading space shall be provided in the rear yard in accardance with the requirements of section 63.400 7976 ��-}95. f i • : . : .. . � : : . . .: ;.:• .. . . . � � �.na�n:,� ��in+amas�j�aaw�u�riwwnew����i i i � 7980 (g) In the BC Community Business (Converted) District, principal structures shall not cover more than thirty-five (35) 7981 percent of any zoning lot, and residential buildings shall meetthe minunum lot size per unit requizements of section 7982 66.231 for the RM2 Multipl�Family Residenrial Distriot. O Z� ��� p 7983 (h� Floor area bonuses, which encourage certain building features which produce public bene �, shall e gra�ed as 7984 follows: 7985 Table 66.431(fl. Business District Floor Area Bonnses 7986 7987 7988 7989 7990 7991 ?992 7993 7994 For the purpose of this bonus provision, an arcade and plaza shall be defined as follows: 7995 Arcade. An "arcade" is a continuous area open to a street or to a plaza, which is open and unobshucted to a height of not 7996 less than twelve (12) feet, is accessible to the public at all times, and either: 7997 (1) Adjoins a front 1ot line or a plaza boundary, is not less than ten (10) feet or more than thirty (30) feet in depth 7998 (measured perpendiculaz to the front lot line or plaza boundary which it adjoins), and extends for the fulllength 7999 of, or forry (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or 8000 (2) On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an area of not less than 8001 five hundred (500) square feet and a minimum dimension of ten (10) feet. 8002 Such an azcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is 8003 higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the 8004 arcade for purposes of computing a floor area bonus. 8005 Plaza. A"plaza" is an open area accessible to the public at all fimes, which is either: 8006 (1) A confinuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front 8007 lot line), with an area of not less than five hundred fifty (550) square feet, and extending for its entire depth along 8008 the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser 8009 distance; or 8010 (2) A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, 8011 measured perpendicular to the nearest side lot line; or 8012 (3) On a comer lot, an open azea of not less than three hundred fifty (350) square feet, which is bounded on rivo (2) 8013 sides by the two (2) intersecting streeY lines and which has a minimum dimension of ten (10) feet; or 8014 (4) An open area of not less than four thousand (4,000) squaze feet, with a minimum dimension of forty (40) feet, 8015 which is bounded on one side by a front lot line or€which is connected to the sh by means of an arcade; or by 8016 an open area of not less than thirry (30) feet wide. 8017 Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, 8018 except for one opening, by either building walls, ar building walis and a side lot 1ine, shall be considered part of the plaza, 8019 unless the opening of such portion is at least forty (40) feet in width. 8020 A plaza shall not at any point be more than five (5) feet above the curb level of the nearest adj oining street, and shall be 8021 unobstructed from its ]owest level to the sky, except for those obstructions permitted by the plarming commission. 8022 (Code 1956, § 61.103; Ord. No.17204,1-15-85; Ord. No. 17778, § 1 10-11-90; CF. No. 93-1718, § 63, 12-14-93; C.F. No. 97-1089, 8023 § 5, 10-1-97; C.F. No. 00-972, 11-8-00; C.F. No. O1-501, § 3, 7-5-01) � „ 8024 8025 '1 . �� •�� ��. �� :1 � ������� [ � • �r•nanwu�a�mnn�vr.00�� �no-n�.�asvr•! � ` - ; ' i i� � _ ___ i� � �i 'i��' i�1 i� i� i i• -- i �- .�- i � i i. �- i� ', _ __ _ �. _ _ _ _ - �i� • - - r • - •�" i • �- • ii - I _ _ � •: � • �: _ _ •_ '� _, i � \ � 1 ., ' � �' � „ I : .' ' � ��� � 8037 Sec. 66.441. 6B:Sd'.f. Required conditions in the OS-B2 Business Districts. ., - �:,.�,..� r�:..,,..��. 8039 (a}) All business establishments shall be retail or service establishments dealing directly with consumers. All goods 8040 provided on the premises shall be sold at retail on the premises where produced. 8041 (b�) All business, storage, servicing or processing shall be conducted within completely enclosed buildings:�rvoiacq 8042 , 8043 --- conain - v��, except:£ox off-street parldng, off-street loading , and �r outdoor uses speci�caIly allowe8 8044 permitted or condirional gses. _ 8045 (Code 1956, § 60.493; CF. No. 92-1479, § 5, 12-15-92; C.F. No. 00-972, 11-8-00) 8046 5ec. 66;442: 69:553. Parlarig requirementsd in' fhe BC Community;Bysiness: (Converted) District. 8047 In the B�C Community Business (Converted) Dashict:-{r} when 8048 existing buildings are converted from residential to business use, when exisring buildings aze enlarged, and when new 8049 buildings are erected, off-stseet parking shall be provided as follows: 8050 (a-) Residential uses: One and one-half (1 Yz) spaces per dwelling unit. 8051 (bc) All other uses: One (1) space for every four hundred (400) square feet of gross floor area or as required in secfion 8052 63�.200i�3{gj, whichever requires the fewer number of parking spaces. 8053 (ec) Off-street parldng spaces shall not be located within a front yard and must be set back at least two (2) feet from 8054 a side lotline. 8055 (dr) Off-street parkmg facilities on lots without principal buildings shall provide princlpal access from the street. 8056 - 8057 . [Combined with §66.441 above�] 8058 (Ord. No. 17062, 10-20-83; C.F. No. 92-1479, § 10, 12-15-92; C.F. No. 91-261, § 2, 11-23-93; C.F. No. 97-1089, § 7, 10-1-97; C.F. 8059 No. 99-750, § 4, 9-1-99; C.F. No. 00-972, I 1-8-00) 8060 Sec. 66.443t 6�563: Required conditions in. the B3 General Business District. 8061 - . All business, storage, 8062 servicing or processing shall be conducted within completely enclosed buildingsr, 8063 . except for off-street 8064 parking, off-street loading,'and �r outdoor uses specifically allowed as permitted or conditional. uses bcminesses�mi 8065 � 2y Division 4. 66.440. Required Conditions 8066 (Ord. No. 17524, § 16, 1-6-88; C.F. No. 42-1479, § 6, 12-15-92; C.F. No. 00-972, 11-8-00) 8067 Sec. 66.444. 59:54-� Required conditions in the B4� Central �usin�ss DisMict. ��•IO28 8068 To promote the most desirable use of land in the Central Business District in accordance with a well-conceived plan, to 8069 promote stability of commercial development, to sh the economic base of the city, to protect the character and 8070 pattern of desirable development, to conserve the value of land and buildings, and ta protect the city's tax revenue, ttie 8071 following specified condifions shall be met by all uses in the Central Business District: ' 8072 (a4) They shall benefit from a Central Business District location and aze appropriate in the Central Business District. 8073 (b�) They generally do not create any significant objectionable influences. The normal operation incident to the use 8074 shall in no way diminish or impair property values within the district. 8075 (c3) They involve products characterized by a high rario of value to bulk, so that truck traffic is kept to a minimum. 8076 (d#) All business, storage, servicing or processing shall be conducted within completely enclosed buildings�-roviuc� 8077 , 8078 �- - aaa�aarr=as�, except for off-street parking, off-street loading, and ar outdoor uses specifically allowed as 8079 permitted or conditional uses 8080 (e5) They encourage, because of their own character, other similar uses ' - , to 8081 concentrate in continuous retail frontage to the mutual advantage of both consumers and the principal permitted 8082 uses. 8083 (f6) They shall not require frequent vehiculaz or huck movements across sidewalks which will prove hazardous to 8084 pedestrian and other vehicular traffic. 8085 (g�) They shall not require any manufacturing process other than that which is considered an essentially custom 8086 manufacturing process which skx� benefits from a Central Business District location as a result of requiring direct 8087 dealing with the consumers in the district. 8088 (h$) They shall not, by locating in the Central Business District, impede the normal and orderly development and 8089 improvement of the surrounding uses perxnitted in the district. 8090 (i9) They shall in a11 respects conform to the applicable regulations of the district. 8091 (Code 1956, § 60.513; C.F. No. 92-1479, § 8, 12-IS-92; C.F. No. 00-972, 11-8-00) 8092 Sec. 66.445t 68:5&� Required conditions in'the'BS Central Business-Seruice Dist•rict. 8093 (a) - - . All business, 809A storage, servicing orprocessing shall be conducted within completely enclosedbuildings-, , 8095 , 8096 exceptfaroff-streetpazldng,off-st�eetloading�an`dBroutdooxusesspecificallyallo�edasperputtedorcanditio�tal 8097 uses 8098 (b) . . Manufachu'ing uses vvkieii similar inLharacter_to:those specifirrally tisted as.gei�itted 8099 uses in'the Central Biisiness-Serviee I3isTrict may $e peimitted if t�e planning comxnission ska�t m�s.tha 8100 following findings ie-be: 8101 (1) The use is related and reasonably necessary or convenient for the satisfactory and efficient operarion of the 8102 Central Business-Service Distr and . �1�����1144��lf1�A 8104 (3) The use requires:a central locarion in the ciry to permit efficient transportation. 8105 (C.F. No. 92-1479, § 9, 12-IS-92; C.F. No. 00-972, 11-8-00) 8106 8107 : 1• 8109 ARTICLE V. 66.506. INDi35TRIAL DISTRI�TS Division 1. 66:510. Intent 8110 . 8111 8112 Sec. 66.511. 69:�i: Intent, ILt River Corridor Industrial Disfrict. 8113 The IRC�=i- River Corridor Industrial District is intended to provide sites for commercial, an�n3'dusinal uses in 8114 the Mississippi River corridor which aze consistent with the comprehensive plan's river corridorplan. Within the district, 8115 buildings will be placed to be haxxnonious with surrounding buildings and uses and to protect views from adjacent 8116 dish 8117 (OrdNo. 17511, 3, 11-12-87) 8118 . . . . 8119 . . . . $120 . . . . [Moved to �66.540. Required Condifrons.l 8121 . . . . [Moved to §66.540. Required Condirions.] 8122 . . . . (Moved to §66.540. Required Condifions.] 8123 . . 8124 . . , , - - 8125 . . . . 8126 8127 g12g '���.iw�iii�ca�uiw�ii�iwnii��wi��r.��i� ia�inwi _lRSlfl�l%�ASGq(Ld/lIVlU/��!(/5!fS.�]flS{�'/J lI/R 8129 8130 5ec. 66.512. 5ff.6�r Intent,' Tl Light Indusfrial District. 8131 The I=1 Light Industrial District is intended to primariig accommodate wholesala, � warehouse aetivifies, and industrial 8132 operationswhoseextemal;physicaleffectsarerestrictedtotheareaofthedistrictandinnomanneraffectthesurrounding 8133 districts in a detrimental way. The I=1 District is intended to permit, along with other specified uses, the manufacturing, 8134 compounding, processing, packaging, assembly, or treatment of finished or semifinished products from previously 8135 prepared material. 8136 (Code 1956, § 60.531) 8137 . . . . 8138 . . . . [Moved to §66.540. Required Conditions.] 8139 . . . . 8140 . . . , , . 8141 8142 8143 .� 8144 Sec. 66_51�. 6BG2-� Intent;;I2 GeneralludqstriaL:Diatrpct. 8145 The I=2 General Industrial District is intended primarily for manufacturing, assembling and fabrication activities, 8146 including large scale or specialized industrial operations whose external effects will be felt in surrounding districts. The 8147 I=2 District is intended to pernut the manufacturing, processing and compounding of semifinished products from raw 8148 material and prepared material. The processing of raw material in bulk form to be used in an industrial operation is a 8149 permitted use in the I=2 Dish`ict. 8150 (coae i9s6, § 5o.s4i) 8151 . . . . 8152 . . . . [Moved to §66.540. Required Conditions.] 8153 . . . . 8154 . . . , , . 8155 8156 � �Il��ariwrwii�aiu.r.ein 8157 Sec. 66.514. 69:fr'�h. Intent, I3 Restricted Industrial Distric� 1 } 1 f � i� , 8158 The I=3 Restricted Indushial Dishict is intended to provide sites for uses which aze or 8159 can be objectionable or l�azardous unless surrounded by other types of industrial dish-icts. 8�60 (Code 1956, § 60.551) 8161 . . . . 8162 . . . . [Moved to ¢'66.540. Required Condirions.] � - � i � � - •r�a�wiar�+�i�tzw�ciri� ' - i � i i � " i � � - i � � i i _ _ _ . � � , _ • 8166 8167 Division 2. 66520. Principal Uses in Industrial Aistricts 8168 Sec. b6.521. Principal uses. 8169 Table 66.521. Principal Uses in IndustriaZ Dzstricts liats all permitted and condiriomal uses in tha IR-I3 Industrial 8170 Distriots, and notes applicable deeelopment standards and conditions. 8171 Table 66.521. Principal Uses in:Industrial Districts 8172 ��3� �}�� 8��� gl�g 2i�80 8181 8182 8183 8184 8185 8186 8187 8188 8189 8190 8192 8�9� 8195 8196 8197 8198 82DD 8201 8202 8203 8204 8205 8206 82�� 82�$ 8209 �211 8Z�3 8214 $21$ 8216 g21� 8218 8219 8220 $221 g222 8223 8224 $22$ 8226 � d��� 8231 8232 8233 8234 823b 8237 8238 8239 8240 �24� 8243 8244 8245 8246 8247 8248 8249 8250 8251 8252 8253 8254 8255 8256 8257 8258 82$9 8260 � � _ . �SPi r i� r y/ Y�' sir 1��,� ,'� ,i� �� 7s"'t� riF" l^'S'r!�i.� �� ��75� i. f� y � ! � 7 ���� ��GVe�i�e��e s9 ✓ ..� fi � y �il � Ys.: %`ii p i r / Fll� (' �9 � / ''� %' � �'` a P � ri „v»l,.,,%„rr �fS,...�+.�..�f�r �, r�vraa�.i�.✓.5.:nYolGF,d,rx vdk5/,'x.GS.✓3•i J.r„����� .��.e a.3�"a'S�I^�,`F„Jl,l'si�nr� e��� g r�'�� 6ia Xhiv'� rrr. %d,�'illl�l ¢���<'!`,3"4��i�G Religious Institutions Church, chapel, syna�ogue, place of worship P P P Rectory, parsonage P P P Coment, monastery, religious retreat P P P PuT�3ic $er'vices aud IItihties =.� .,-,r��.a„ ..�.,....._..,..�.,,:.�,�. ,.;;,_�.. ; .-,_, , ., ,,,...,... Ante nna� cellulaz telephone P/C P/C P P ✓ Antenna, public utility microwave C C P P ✓ Antenna, radio and television transmitting C C P P-E ✓ Anterma, satellite dish C C P P� ✓ Electnc transformer or gas regulator substation P P P P Municipal building or use P P P Municipal incinerator P P� Power plant P P� Public utility heating or cooling plant P P P Public works yard or maintenance facility P P P$ Sewage treatrnent plant P P-E Utility or public serv�ce building or yazd P P P PE Water supply plant P P P P� Yazd waste site, commercial and municipal C C P� ✓ . ��.. . �,�.� . ��� .:- �:_: � P ' tiA ' -- � B�'aa' 4�"" m ��-r . . �» R ��.��SiS' -. � s y . ..a °ai� �: A�,�,=_'aP .�T�y �t,q,k,+.�' ; ` .! i Ti�'�'�`'.� vS� ' �� a �t�__ d �� e�. � � . m'fi Offices Adminisfrative office P P P Artist, photographer studio, etc. P P P Insurance office, real estate office, sales office P P P Professional office P P P Medical Facilities Cliniq medical or dental P P P Hospital P P P Medicallaboratory P P P Veterinazy clinic P P P ✓ Retail Sales aud Services General retail P P P Bank, credit union P P P Business sales and services P P P Currency exchange P P P ✓ Drrve-through sales and services, primary and accessory P P P ✓ Dry cieaning commercial laundry P P P Food and related goods sales P P P Food shelf P P P Gazden center, outdoor P P P ✓ Greenhouse P-E P� P� ✓ Gun shop, shooting gallery C P P� ✓ Laundromat, self-service P P P Liquor store P P P Massage center P P P Mortuary, funeral home P P Outdoor uses, commercial C P ✓ Package delivery serv�ce P P P Pawn shop C P ✓ 8261 8262 8263 8264 8265 8266 8267 8268 81�U g2�1 8272 8273 8274 8Z�$ 8276 82�� 8278 828� 8281 8282 8283 8284 g2g$ 8286 g28� 8288 8289 8290 8292 8293 8295 8296 8297 8298 8299 8300 8301 8302 8303 ��VJ 8306 ��8� 8309 8310 8311 8312 8313 8314 8315 Y f s. �,?3 z,�v.t � f�� /- �'/f F °"r`,^°v l�rl�l c./l � s� � G e �l v r� r ��a r✓ TJsR � � � c v�!71 �, rs . � i�f` f f; � � �' �2 � 13� e o �r, �` ..3 / ,�'� f � / i�a.�G ..�'�i;; ;l��r� I��°' .� �fd � tl'dG�l �//aJf'.�a �6'i�„�,Sle` ��'7� ., a,la.ao c,...vl,. ...o+�� e 1,✓f*,r.✓,4,��h`�t,^u�hrd's�iL'u"sri'�ffr�..S'�,1�i �✓�` au/r, v �..,,. ,c .:v ,,.�,.'. /r ��%.v,: � �':6. muk �„�, ea vc �,.rb �,,^ �i Frdf , L�. , � ��t'��k.'E Photocopymg P P P Post office P P P Service business P P P Secvice business with shovrzoom or workshop P P P Small appliance repair P P P Small engine repair, automotive bench work P P P Tattooshop P P P Tobaccoshop P P P Foodand Beverages Brew on premises store P P P Catenng P P P Coffee kiosk P P P Coffee shop, tea house P P P Restaurant P P P Restaurant, carry-oubdeli P P P Resiaurant, fast food P/C P P ✓ Restaurant, outdoor P P P ✓ Commercial Recreation, Entertainment aud Lodging Bed and breakfast residence P P P Bingo hall, aaction hall P P P Health/sports club P P P Hotel, inn, mote] P P p Indoor recreation P P P ✓ Outdoor (dcive-in) theater C P P� ✓ Race hack C P P� Recept�on hall P P P Steam room/bathho�se faciliry P P p Theater, assembly hall, concert hall P P p Adult Entertainment Adult use C C ✓ Automobile Services Auto body shop P p P� Auto convenience market P P p ✓ Auto service station P p J Auto speciality store P p p J Auto repair station P P ✓ Auto sales, mdoor p p Auro sales and rental, m�[door p p J Caz wash p-E p J Parldng facilities Parking facility, commercial P P C Transportation Aiiport C C C Bus garage, station, lot, or tumazound P P C Heliport C C C ✓ Helistop C C C C ✓ Intermodal freight yazd C C ✓ Motor freight temvna] C C ✓ Railroad right-of-way, hansfer and storage tracks P P P P �� 8316 8317 8318 ���� 8321 8322 8323 8324 8325 8326 8327 8328 8329 8330 8331 8332 8334 8�3b 8337 8338 8339 8340 8341 8342 8343 8344 8345 8346 8347 8348 8349 835Q 8351 8352 8353 8354 8355 8356 8358 ���� 8361 8362 �S� i�Y� i� �� /�✓iy��ri'' in�'IJ �5'.!✓z" i s�/a'y% '� � iih"`j�"'�>! i? wy Vi �v � i . i f � . ,� a` zsl r r. < h.�. m"l� t� � � - �,� s j ,;;, � ;, � U u, r �' � �.:+.�'r �� .,J..� �„f.Sa.s✓�r, t'r l..l�si�,r`SFiK."�f,':��/tGf'a����`�`J„�9.'St�,��,.�'i'/f,M�f3�',��l��l'l,'"r�F"if;iy'^„`r�.-.,`/Sl,���r'�G,�u,`,i�if�''�lHwaiw�����;;{.-,��ir�5�r„'..�S�f`,a,Ri7 .,,�„h�"',,�'�'/-���',�:. Railroad station or temiinal freight facility P P c� P C Railroad yazd or shop C C = P P-E T�i dispazching, maintenance and storage P i P P-E Limited ProduMion, Processiag and Storage Finishin� shop P P P ✓ L'vnited producrion and processing P P P ✓ Mailorderhouse P P P Malt ]iquor manufacturing P P P Plastic products P P P Pdnring and publishing P P P Recycling collection center P P ✓ Recyclingdrop-offstation P P P ✓ Storage facility, rental P P P� Toiletries and cosmetic manufacturing P P P Wazehousing and storage P P P Wholesale estabhshment P P P �- ,Y .. �. � �`��'"�� ° : �x�- ri ���, � � a���i . . a . � � . ,,, g � �; � � _ ,� � s .m ._.�'.,�,���� ..mr , � ;� l _ , � _ � �..� � ... ... � -;. : „- . �... .8.. �,��,� �,m_�a Light manufactunng P P P C General mdustrial P P$ General outdoor processing C C ✓ Brewery, micro and regional P P P Brewery, national P Concrete, asphalt and rock croshmg facility C ✓ Crree�house, indusfria] P P P Aazazdous waste processing fac�liry C C ✓ Infecfious waste incinerator C ✓ Infectious waste processing facility C C ✓ Lumberyazd P P P Mining C C Motox vehicle salvage operation C C ✓ Petroleum and gasoline tank fanns p Recycling processing center, indooz P P P� ✓ Recycling processmg center, outdoor C C ✓ Rendering plants and tanning P Research, development and testing ]aboratory P P P Solid waste compost faci]ity C C ✓ Solid waste hansfer station P C T've ret�eading P P P P�E a�w ¢x:. -�,y '���. .... : ,� 3 - �:, � :�, :�= s � �� - � j v.' : ���. ... , :.�' " ...,..; :,.. .,. . . , .. �.. _�� '�_. _ .:Bw��H _ _ _ Accessory use P P P P Division 3. 6b.530. Industcial DistrictDensily and Dimensional Standaxds 8363 8364 . . . . 8365 8366 Sec. 66.531. Density and dimensional standards.Yaple. 8367 Table 66.531. Industrial District Dimensiottal Standards sets forth density and dimensional standazds that aze specific� 8368 to Industrial Districts. These standards are in addition to the provisions of Chapfer 63. Regulations oJ General` 8369 Applicability. 8370 Table 66.531. Industrial District Dimensional Standards 8371 8372 8373 8374 8375 $376 8377 Notes to Table 66.531. 6i�8� Industrial Districts Dimensional Standards: 03•1028 8378 (am) $uildings may exceed tlu'ee (3) stories or thirty (30) feet in height but only after approval by the planning 8379 commission as a conditionai perrnitted use . No such building �weHing shall exceed 8380 one hundred fifty (15Q) feet in height. 8381 (ba) The height of the structure may exceed the maximum 8382 building height allowed in the district provided the structure is v�tkieh�re set back from anp all exterior property 8383 lines of the parcel, , a distance equal to the height which said 8384 structure exceeds the maximum building height a€-bai�dirrg allowed in sxi� the district. 8385 (cb) On those lots or parcels, or portions of lots or pazcels, which are located directly across a street or abut a side or 8386 rear lot line in any use dishicr other than an IR, I-1, I-2, I-3, or PV=� District, the required setbacks from said 8387 abutting districts shall be equal to a minimum of one and one-half (1 %2) times the height of the buildings, except 8388 as noted in section 63.1023. 8389 8390 8391 8392 8393 8394 8395 (de) On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residenrial uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is geater. �—'£$ese TNe.fo`llowing parkways and portions of pukways �isted are excluded from the this setback requirement abave: Ford Parkway (frotn`Kenneth Street to Finn Street and northern side beLween Finn-3treet and franr}bfacmt � Mississippi River Boulevard).-, Gannon 12oad; and Lexington Parkway (from Pierce Butler Route to the nearest Bwlington Northern Railroad tracks). 8396 (ee) Where the frontage of any block is divided into two (2) ar more zoning districts, the front yard requirements of the 8397 district with the largest front yard depth shall be applied to the entire bloek frontage. 8398 (fd) Nonrequired front yards and all required and nonrequired side and rear yards shall be permitted to be used for off- 8399 street parking. Loading and unloading shall not be permitted in any required front, side or rear yards. 8400 (Code 1956, § 61.104; Ord. No.17204,1-15-85; Ord. No. 17978, § 2,10-11-90; C.F. No. 92-1479, § 19,12-I 5-92; C.F. No. 93-1718, 8401 § 64, 12-14-93; C.F. No. 96-462, § 7, 6-5-96) '' : : � � : '. 1 . . : . . : � . :. .:. . .. .'!� : . . . . . . :. :' 1 , . � : . : :�1 : . 8407 {$j [Moved to Article VIL PUT�ehicularParkingDisfrict.] 8408 � [Moved to Article VIL PV Vehicular Parktng District.] .� ` . :� 1 . . • : . - : . . . .: :' : . � . .: •.� :� . .• .:: .- . . , . ;. . . . �..: . , :- .. �, - - �� - �� . . :- . .. . .._ . . .�•. .. :� . . - : - : :: .. ;. . • .�.�.�.�,.�......,..� :� � -, .. .. � ......_..,.,�.�.....�.,�...�..�, .- ., ... .. - .: . :- .: . . .. . .. :- - . :- .. . : ., . . :. . :- � : :- : , . . . . : � . _ i - • - ..:w:.u:.l•37 . i� � - - i• - • - i i � - :�• �� � ii - i i• �� • :�• - i i -- - i� i i i •� . • . . •I • _ , __ _ _ _ _ ,' _ I � •� � , � � � � • •� •� •� � •• � - i � �. • � t �� � • •• •� � • �` � � � • � •� • •. �I � • � � / � \I������������ \ : � . � • . . � • • •• - 8442 (-xsrj [Moved to item (a) above.] �� �: . . . . . :�� .. ..•. : . •: . :: :. :�� : .• . : : . •��� . : � : : .: . . : : .��: �. . •.�. - ..� - ;... ,. .. :' 1 .: .• ..• . .. '.• � : � . •� ��- � � • 1 • � � ' • � � 1� • � • � � •� � � • � � •' 8454 8455 Division 4. 66.540. Required Coriditions 8456 Sec. 66.S�k1<5�Cr1� Required conditions in t1�eII2-I3 Iudustrial.Dr'striets. 845� - � 0 3 • �028 8458 (a3) putdoor storage. Outdoor storage skx&be is permitted subject to the following condirions: 8459 ( la.) Except as provided in secrion 63�.11 3ff8{#j, outdoor storage shall be no close�'than three hundred (300) feet 8460 to a residenrial district or to a properiy occupied with a one-, two-, three-, four-, townhouse or multiple- 8461 family dwelling. 8462 (2�r.) Outdoor storage shall be fenced or walled. Outdoor storage which ahuts a thoroughfare, a business district 8463 or a PD district shall be behind a six-foot-lugh obscuring fence. However, an obscuring fence shall not be 8464 requirad if the outdoor storage is screened by a building or topography. On sites where the topography 8465 renders an obscuring fence ineffectual as a screen, landscape screening shall be required. 8466 (lr2) Outdoor uses. In the IR, Il, and I3 Indushial Districts, all business, servicing, processing or manufacturing shall 8467 be conductedwithin completely enclosedbuildings.-, , , 8468 . except for off-street parldng, off-street 8469 loading , and ar outdoor uses specifically allowed as permitted or conditional uses 8470 8471 (c}) 8472 8473 8474 8475 8476 Acfivities involving storage, utilization ar manufacture of materials or products which contain their own oxidizing agent and which decompose by detonarion are not pemutted in the IR-I l Industrial Districts; provided; that storage of small arms ammunition - 'wii�rrszorca for retaff sale shall be perniitted; and further provided; that reseazch, medical and hospital laboratories, when operating under the direct supervision of scientifically trained personnel, may use the above material for research, medical and development purposes. Such activities are allowed in Yhe-T2 General Industrial Disttict when specifically authoxized under the codes and orcYimances afthe City of Sainf Paui. 8477 (Code 1956, § 60.533; Ord. No. 16913, 4-27-82; Ord. No. 17039, 7-7-83; C.F. No.92-1479, § 11, 12-I 5-92; C.F. No. 93-1718, § 54, 8478 12-14-93) :' ` �7 � �;�. ��� : : :� - �. - - - - - : . - - : - � . - - - . - - . :.. - . • : : - - - - ..- . .� �� - -.- - �: : - -.: . . - . - : :. -: - .- �- - - -: - . - : . �. -.: . . :: ` .:- - . - - 7: - .'.� - - - . •.- - .. .. .. - '�: ;. 8488 . . 8489 - - . 8490 8491 , . 8492 (d3) Meat.packing plants, �largematal.�hredd�ts the refining of petroleum or gasoline, and stock yards;meatpaeiting 8493 , 8494 reeqe}ing are prohibited'_ `��±��m. 8495 (Code 1956, § 60543; Ord. No. 16913, 4-27-82; Ord. No. 17039, 7-7-83; C.F. No. 92-1479, § 12, 12-15-92; C.F. No. 93-906, § 3, 8496 I1-4-93; C.F. No. 93-1718, § 55, 12-14-93; C.F. No. 97-1406, § 3, 12-10-97) '� ,� , �. �� .��: . : : . .: ... ;,.. . . .. . :.. : : . : 11 . . . .. - cz � ;R�l�����111�1�AT • / �' �• •� ����• • • • � � •� , •• • \• •� \� ♦ , . � . A _ w � .� • �•.• �- � •. i � • •- ii �� i. r^ i. �- i� •- • -• • •�r - �i •• i�i' • G�i' :• • / • � � � � '� � �L�ld9l�3�11��1!•J�]/rt��Il�ll�lf • • � � _ . . . . . . . _ . _ • I -/ • � •� 1 •/ , • �� � 1 t �1 �� 1� 1� � � 1 � 1 1 • • . _ _ _ _ _ _ . . . _ _ _ _ _ . _ _ _ . . _ . . . . • � •��• • �l •J• ��•• •• • • • 1 � • • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • � • • • � • �A Y. __ . _ _ ... _. . ._ _. . . /�• ♦ 1 • • . . . . _ _ _ _ .. _ . . . _ _ _ . . • • • • • � • • • • � • / • � • � • � • • � � • • • -♦ • -• \ • • • � / �• ��• �• • • �• • • � . _ _ _ _ . _ . . . _ _ . _ . _ . _ . . . _ _ _ . . _ _ _ _ . _ • • • • 'J • •�• _ _ _ _ . _ . . . _ _ _ _ _ _ _ • � • • • • • • 1\ �i �� 1 1{ 1 � 1' ' 1. 8527 Notwithstanding any other yard or setbackrequirement of the zoning code, the following special setbacks sha11 apply to 8528 allprincipalusespernuttedandcondirional�dprinc,pa}uses withinthelRR?'aer $529 CoriidorInd�4strialDistrict: 8530 8531 8532 8533 8534 8535 (a4) No off-street parking facility shall be located within one hundred (100) feet of the normal high-water level of the Mississippi River, except river basins, unless the facility is within a completely enclosed building containing a principal uses permitted or coxiditiorial prineipx� use . Parldng in local pazks may be located closer than one hundred (100} feet to the normal high-water level provided the parldng is adequately landscaped and the parking location has been reviewed by the planning commission and approved by the city council in a park development plan. 853b (lr2) In any yard which adjoins a publicly owned park, buildings may be constructed at the lot line subject to setbacks $537 being provided in accordance with the table below: 8538 8539 8540 8541 8542 8543 8544 (Ord. No. 17511, § 1, I1-12-$'� Park Setbacks : ' �� °.� ��. �� : �� : : ' � .. . . . : . ... . . : : � - . - �. - - . .- . - C - . • - - ,• - . -.,: - .� � - . - :� � 8550 8551 8552 8553 8554 8555 .. ., .. . . . , ... � .. ' � i . .�•.- �•. . .. ...... . . � . . . . . � . ... .. � . .. .. . . ., ... . : . :. . .: .. +.�. . . . .- . .. . . , .. .. . . .. ..: � . � . . : .1 . :. :.: . . . . :. ... :.. : .: . .. . . . - D . - .� .- . - -. :- - :.-- . � ..- .� .� . -. .. .:. - - - - -. .� - - : ... :. : - ..+• � .. . - - - .- . - 8564 . > > - - , . . . � , > - - , . . - > , - - 8565 8566 8567 8568 , ,• �I��1 8571 Sec.668.70�1.Intent. ARTICLE YI. 66.600. Reserved. ARTICI,E"�II: 66.70D. F�P VEHICLTLARPrSRKI1VG`DISTR3CT rtsirtsevnim��w��tiwini�iv��aiee�es+r.riii.r�:eeisai ate�ew 8572 The'4zP=i- Vehicle Parking District is intended to permitthe establishment of off-street parldng facilities to be used solely 8573 for off-sh parldng of private passenger vehicles as a use incidental to a principal use. The district will serve a use 8574 district which has developed without adequate off-street parking. 8575 (Code 1956, § 60.571; Ord. No. 17204, 1-15-85) 8576 Sec. 66B.7Q2�. Principal uses germitte�. 8577 Premises in such districts shall be used only for an off-street vehicular parking facility and shall be developed and 8578 maintained subject to such conditions as aze hereinafter required. 8579 (Code 1956, § 60.572; Ord. No. 17204, 1-15-85) 8580 Sec. 66}.703i85. Dimensioiial stiaudards 9pzei�l�}istriets. 8581 (ab) Zotsize. The lot shall have a minimum area.of £aur tkausand;(4,000) square feet:and a minimum width of`:forty 8582 (40) feet. In those instances wherein a VP� District abuts a dedicated public alley of at least twenty (20) feet in 8583 width, the lot width may be reduced to twenty (20) feet and lot area to two thousand (2,000) square feet if the 8584 planning commission finds that the alley can be used as the parlang lot maneuvering lane without conflicting with 8585 haffic. 8586 (b) Hezght of structuras. Strrdctare's sliall fiave a mazimum hei'glif of one (1) story and fifteen (15):feet. 8587 (c) Yardsetbacks. The diinpnnlii:ftpnt yard,se#back shall be four (4) feet. If the districts adjoining the vP=� Dishict 8588 require a greater front yard setback, the minimpm frontage yard setbacks sfrall be �st the minimum 8589 required frant yarci setback standards set forth in th drme�s'tona3 8590 standasds for the adjoining districts siiai�-be�xavs�e�. A visual screen shall be loeated on the xninunum setback 8591 line. Minimum side:audxear:�atdsatb�ckssfialllre�Yotu (4) feet. 8592 Sec. 668.70433. Required conditions. 8593 - . 8594 (a}) The parking facility shall be accessory to and for use in connecrion with one or more businesses, industries, 8595 institutions, ar multifamily residences. � � �_ a � . . . � . � • _ . . .. _ - - - ------ ... _ .. .. - � -- -- -� -- � �- -- - - - � - . . . . .. . . . ., ' .. - . . � -.. - . -. • 0 - : .. . :. ..- .. . .. .. r . :�11 � - �. �' � � - � �. . � � - � � �- -� . � :�i - �.� 8602 (c#) No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parldng 8603 facility. 8604 (d5) No signs of any ldnd, other than signs designating entrances, exits and condirions of use, shall be maintained on 8605 such parking facility. $606 (eG) No building other than that for the shelter of attendants shall be erected upon the premises unless specifically 8607 approved by the planning adininistrator during site plan review. 8608 (fiF) Applications for VP� District rezoning shall include a site plan which conforms to all standards set forth in secrion 8609 63�.300i$�#. The planning commission may grant modificarions of section 63�300i�4based on findings that such 8610 modification is consistent with the intent of the code and with the reasonable enjoyment of adjacent property. 8611 (g$) VP=�VehicularParkingDistrictsshallbedevelopedandmaintainedinaccordancewiththerequirementsofsection 8612 63�300i�#. $S13 (Code 1956, § 60.573; Ord. No. 17204, 1-15-85; C.F. No. 93-1718, § 58, 12-14-93) 8614 8615 8616 8617 8618 *Editor'snote--Thissub�liv+sxenarticleisderivedfromCode1956,§§60.581--60.588,asfiu'theramendedbyOrd.No.17117, 8619 adopted March 22, 1984. 8620 ---------- 8621 Sec.668.%0193i�.Intent. 8622 The PD Planned Development Disirict is intended to permit more flexible and creative private or public development or 8623 redevelopment than is possible under standard zoning classifications. Planned developments shall be harmonious with 8624 the general surrounding uses, permiriing flexibility in overall development while ensuring adequate safeguards and 8625 standards for public health, safety, convenience, and general welfare. 8626 Sec. 666:80233�. General requirements. 8627 (a) General criteria_ Planned developments shall meet the following general criteria: ARTICLE VIII. 66.%00. PD PLANIVED DEVELOPMENT DISTRICT * 8628 (1) Parcels considered for planned development shall contain a minimum of one and five-tenths (1.5) acres. 8629 8630 8631 8632 8633 �Z) � The PD shall be consistent with the comprehensive plan. 8634 8635 8636 Subdivision of land required by the development shall be concurrent with the rezoning. (4) Except for phased development as described in section 659.8:12�3, all development shall be completed within three (3) years of the effective date of the rezoning action unless specifically extended by the city council. (5) Phasing of development is permitted. The preliminary plan shall indicate development for the total parcel for purposes of rezoning to planned development; final plans for separate phases shall be submitted as amendments prior to execution of each phase. 8637 (6) If phasing is used, each phase of the PD shall be able to exist as an independent unit so that the area 8638 surrounding the PD can be planned and developed in a manner compatible with the PD. 8639 (b) Procedures, fees. Rezonings to planned development shall conform to pmcedures set forth in �zcao:� �w 8640 Chapter 61. Fees for petitions and applications hereunder shall be established by resolufion of the city council. i � � ��nrlf i li1Si� 1! � t�2 8642 Sec. 669.803�. Optional pre-applicafion; sketch plan. 03 ° �.028 ;} 8643 (a) Request. Prior to proceeding with a rezoning to planned development, any peFSOn may request a pre-applicarion 8644 conference with the office of planning administration to deternune the feasibility of the plan; to determine wheflier 8645 or not it complies with the comprehensive plan and city requirements and standards; and to detennine schedul;i�g 8646 of procedures. 8647 (b) Pre-application requirements. For the purposes of pre-applicarion discussions, the applicant shall submit: 8648 (1) A site locarion map showing the relarionship of the proposed planned development to surrounding uses and 8649 streets. 8650 (2) A sketch plan of the proposed planned development showing: 8651 8652 8653 8654 8655 8656 8657 a. Dimensions of the pucel and of individual lots, if included in the PD; b. Indicarion of any outstanding physical chazacteristics of the property; c. Proposed uses; d. Residential densities; e. Traffic circulation patterns and off-street pafldng within the development and relarionship to existing streets; £ Phasing schedule, if appropriate. 8658 Sec. 669.804�35. Application requirements for rezoning to Planned Development District. 8659 Rezoning to planned development requires two (2) reviews and approvals; preliminary plan and final plan; these may be 8660 combined. Applicafions shall include the following information unless specifically waived in writing by the planning 8661 administrator. 8662 Sec. 668.805�36. Preliminary plan--Application. 8663 Application requirements. The applicant shall supply twenty (20) copies of the following: 8664 (a}) Original rezoning petition certified as sufficient. 8665 (b�) A survey of the area to be included in the planned development (1" = 100' scale). 8666 (c3) Crround vertical contour intervals of the parcel at intervals of at least two (2) feet; slopes of twelve (12) percent or 8667 greater. 8668 (d#) A preliminary site plan of the area carried out in such detail as to show the proposed land uses, densities, common 8669 open spaces, system of collector streets, off-street parldng and internal circulation. The preliminary plan shall 8670 include setbacks, building dimensions, landscaping and elevarions. If elevation oprions are to be offered, that shall 8671 be stated. 8672 (e5) A written suminary including a description of the proposed development and modifications in the requirements 8673 otherwise applicable to the property, including , flimet�sional stiandards, popularion 8674 densities and land use intensiries. I�:reviewingplanned deuelopirients, the piatining comtnission may use i�en'sity 8675 and dimensional standards for:Residential, Traditional Neighborhood, and-Iadustrial Disfricts as guides. 8676 (ffr) If platting is required, a sketch plan far the proposed subdivision as described in secfion 69�.309. 8677 (g9) Iftheplanneddevelopmentistobeconstructedinphases,aconstructionscheduleforthecompletionofeachphase. 8678 Sec. 6b6.80b�. Preliminary plan--Procedure. 8679 (a) Applications for rezoning to planned development shall be submitted to the planning adminish Applicarions 8680 shall include the required fee and twenty (20) copies of the proposal. 8681 (b) The planning commission shall hold a public hearing and give mailed notice to all property owners within three 86$2 hundred fifty (350) feet of the proposed planned development at least ten (10) days before the hearing. 8683 (c) The planning commission shall forwazd its recommendation to the city council, which shall also conduct a public 8684 hearing with mailed norice thereof to all properry owners within three hundred fifry (350) feet of the proposed 8685 planned development at least ten (10) days before the hearing. 8686 (d) The city council may approve, deny, or approve with modificarions the pl d develb�iis�� �proval of the 8687 preliminary plan shall be effective for a period of one year; no development shall take place therein unless the final 86$8 plan is approved and adopted by the city council or the applicant withdraws the rezoning application. ° 8689 (e) If a fmal plan is not submitted within one year, the rezoning perition shall be void unless the city council grants 8690 an extension. 8691 (C.F. No. 93-1718, § 59, 12-14-93) 8692 5ec. 669.807�3$. Final plan. $693 (a) Application reguirements. The applicant shaIl supply twenty (20) copies of the following: 8694 (1) Anapprovedsiteplanwhichconformstothepreliminaryplanandwhichincludesanymodificationsrequired 8695 by the city council. The site plan shall include a detailed construcrion and landscaping schedule, elevarions 8696 and, if applicable, elevarion options. 8697 (2) A preliminary plat if platting is required. : ': 8699 8700 8701 8702 8703 8704 (3) Covenants or homeowners' association agreements if applicable. (b) Procedure. The planning administrator shall cause the final plan to be reviewed and appxoved in the manner set forth in section 61�.�402�. ff the final plan conforms to the preliminary plan, meets site plan standards, and reflects all modifications as required by the city council, the planning administrator shall forward it to the city council together with a recommendafion for approval or denial. If in the planning administrator's opinion the final p1an does not conform to the preliminary plan or does not meet site plan standards, the planning commission may hold a hearing and give mailed nofice as described in section 669.806�3�. 8705 (c) Final approval. The city council shall give final approval of the rezoning to the planned development. Such 8706 approval shall be by ordinance. The city council may hold a public hearing. 8707 8708 8709 8710 8711 8712 (d) Plara part of ordinance; recordation; compliance. Upon approval by the city council, the final plan shall become an integral pazt of the ordinance creating or amending the PD District and, for purposes of recordarion, shall be referred to as "Planned Development No. " which number shall correspond to the number of the amending ordinance. All approved �lans shall be filed with the city clerk. All development within the planned development shall be in compliance with the final plan as adopted by ordinance unless such change consritutes a minor change as described in section 669.810�. 8713 Sec. 668.808�39. Combining preliminary and final plans. 8714 The applicant for rezoning to planned development may submit preliminary and final application requirements together 8715 for combined review and approval. 8716 Sec. 6GA.8097�9. Required findings. 8717 The planning commission and city council shall make the following findings in approving a rezoning to PD Planned 8"718 Development District: 8719 (a�) The proposed development is not in conflict with the comprehensive plan; 8720 (b�) The proposed development is designed to provide a desirable and unified environment within its own boundaries; 8721 (c3) The proposed uses will not be detrimental to present or future land uses in the stiurounding area; 8722 (d�) The exceptions to the standaxd requirements in the schedule of regulations aze justified by the design of the 8723 development; 8724 (e5) The PD or phase thereof is of sufficient size, composition and arrangement that its construction, markering and 3725 operation make it feasible as a complete unit without dependence upon any subsequent unit; 8726 (ffr) The proposed development will not create an excessive burden on parks, schools, streets, or other public facilities 8727 and utilities which serve or are proposed serve the PD; 8728 (g7) The proposed development is consistent with the reasonable enjoyment of neighboring property. 8729 Sec. 669.810�. Changes in final plan. 8730 (a) Minor changes. Minor changes in the locarion, design, placement and height of bu dings; iani'l�cap��ng; uses and 8731 density; or site plan may be authorized by the planning administrator if required by engineering or other 8732 circumstances which were unforeseen at the time the final plan was approved. � 8733 (b) Major changes. Changes to the final plan affecting density, use and site pla� which the planning administrator 8734 determines to be a major alterarion of the final plan shall require amendment by the city council. 8�35 (c) Amendment of the final plan. Amendments to the final plan may be approved by the city council, by ordinance, 8736 when those amendments are in substantial agreement with the preliminary plan and when those amendments are 8737 required by changes in conditions that have occurred since the final plan was approved. Tn the case of a phased 8738 planned development, final plans for phases subsequent to Phase I shall be treated as amendments. 8739 The planning commission and the city council shall hold public hearings on amendments to the final plan and shall 8740 give mailed notice to all property owners within three hundred fifty (350) feet of the PD at least ten (1Q) days 8741 before the hearings. 8742 Changes to the fmal plan shall be recorded as amendments to the recorded copy of the fmal plan. 8743 Sec. 669.Sll�. Failure to complete the planned development. 87A4 All development shall be in compliance with the final plan. In the event the applicant fails to complete the development, 8745 the parcel reverts to its previous zoning classification. 8746 Sec. 669.812�A3. Phasing of planned development. 8747 If a planned development is to be developed in phases, the following requirements apply: 8748 (a4) The parcel shall be a minimum of five (5) acres in size. 8749 (bz�) Phases shall be designed to be capable of funcrioning as independent units. One phase shall not preclude 87$0 subsequent development of a parcel in the event the entire PD is not developed. 8751 (c3) Phase I of any PD sha11 consfitute at least one-third of the total PD. 8752 (d#) In the case of phased development, the entire PD shail be developed within five (5) yeazs of the rezoning unless 8753 extended by the city council. 8754 (e5) In the case of phased development, the city council may accept in lieu of a final plan for the enrire PD the 8755 following: a final plan for Phase I, a preliminary plan £or other phases, and a schedule of phasing. Final plans for 8756 subsequent phases shall be treated as amendments as described in secrion 668.810�. 8757 EYII.X3 8759 8760 8761 87b2 8763 ,.: . .: - : 8764 Sec. 678.�1OL Established; germitted parking; written consent of adjoiniug property owners. 8765 8766 8767 8768 8769 8770 8771 8772 Chapfen 67. Zoning,Code - Overlay Di'stricts . .: . ARTICLE T. � 67:�100. FP STATB FAIR.PA�RKI��G OVFRLtYY DTSTKICT There is hereby established a special overlay zoning district within the City of Saint Paul to be lmown as the "State Fair Parldng District," and which special district shall be placed over the other established zoning districts as shown on the attached xnap, which map is made a part of the ordinance from which this section is derived as if the matter and informarion set forth thereon were all fully described herein. Notwithstanding the provisions of secrion 6:i�312i�d{i-1 j to the cantrary, state fair parking on residentially zoned property may be permitted in required side and front yards only during the period of the annual Minnesota State Fair; provided, however, that state fair parldng in required front yards will be permitted only with the written consent of the adjoining property owners on both sides of the subject front yard. Written consents must be obtained prior to tke each annual state fair. 8773 (Ord. No. 17667, § 2, 7-13-89) : ' .� .� w 8775 8776 8777 8778 8779 : :1 :�.:.���K.ia � iiwwi ��� ��e �� n �. , . � � f . � • ����� � �:��.�.�.�� .�.. .. - ,�.,..,,,�:�,�,.... i i '� � i - � i _ � _ _ _ _ i - •� � • -• ii - 'i - - - G - - - i ii • : � . i - - • � i • - • : • ' i i . - ' n i n • � • • • f � - - i i - - • i : i . - i � ��. � �a.s.� � o �.v:��i 8�8� . . . . : :: . : :. : . : : :� :. . :- . . .. . •. . •.' . � - . . . . . . . . .. :• . . : � . . ., .: • !1'riAtt.��nUnl�t:Tn�i��la.Ati���i�plalil.l�.��Rin�61.1�4�Rn:3i�poi.��p�letSi��uP�e�u�.nre�n�v�l�Rini���.wb� • �� ' � • � • � � • 1 • • 1 - � � • � � - � • � • • t • � • •' • -� •. � � • \ � � • 1 � � • � � • • � 1 � � � - • � • • • • • • ♦ � 1 � �i�l�l�lYf�\'l�lt�r��l <U�tlf�4R��� � ♦�/ / • -• • •• • •�/ •�� •• ��• • • •/�• •/� • � 1 - • • • • � ` • � • � 1 � • 1 • - • • • • �, � • • � • • /• •�1 •1 � � �Y��IAI�A7!1�I�II�IIIRKI�IIl�ltl�ll�41T11 � � 1 •• � • • � � • •� -• • •• -• • • � � �� •' �V� • •� • � • • • • • � � • \ � � • • � • � � • � � � � � � •• �♦ • • \ K • /�• � � � \ � ' • • • •' • � � • � • 1 • •� � ' • � • • • •♦ � � •♦ / • \ • � • • 1 � ::� .. . . . . .: _ . .. . � � � . , :: . . .; .. . ., .. . :: :. .... � .. , . . . .. . . :: . .. . .a . . .. . � ,. :• • ..� . :. •. : . .: . � :. . � . . � :: ' .. . � : . . . . : . . . . : � : .. : : : . �: � :: .: - �:: � .: . . �.: :. . . �. • . � .: . .: - �: - .. .� - - . - .: - .... - .. ..� . - . - :- - - .. � � s. a� =. :.- :- - . .: 1 . : . . • .:� :. : E i�;y o�a.innr.��sv.wunim:r.ma.nur•wir.w�ieu.�r•�twi�r.�nis.v��non.ry�i ca:int�uewr:l.i4�unn:rir.caw����r.n....�o �� ' - r� �� �- • •i • �•ii _ _ � _ ' ' i�� i��� �i ' :��. f i' �. - -�� - - - iii ii' � '1 � 11 I 8847 . . . . [Moved to §66.540. Required Conditions.] :.� �� � �� �: ��° : ' . : � : � ..:. . :: 8852 8853 8854 --------- ., .: .: :. .. . : $859 8860 8861 8862 8863 �� „,., . . .: ;. ARTICLE II. GZ.200. TP TR�E PRES�RVA`CIt?N OVERLAY D�STRTCT ,.; . .: :. - ::. 8865 Sec. 679.�$201. Intent. O� • q o °") 8 1 G 8866 The uTPu Tree Preservation Overlay District is designed to preserve the essential character of ose azeas that aze heavily 8867 woodedandinamorenaturalstatebyencouragingaresourcefulandprudentapproachtotheirdevelopmentthatinclude� 8868 minimal tree loss and mirigarion of tree removal resulting from development. The uTP- district is fiuther pzovided to 8869 reduce stomiwater runoff and minimize flooding; to aid in the stabilizarion of-°soil by preventing erosion and 8870 sedimentation; to aid in the removal of cazbon dioxide and the generarion of oxygen in the aimosphere; and to maintain 8871 the visual screening, wind break, dust collecrion, heat and glare reducrion, and noise barrier characteristics e�ibited by 8872 trees. 8873 (Ord. No. 17$89, § 14, 11-21-91) 8874 Sec. 678.4$202. '�rmeigltusesgPermitted and ' conditionals uses. 8875 In the 1 TP 1 Tree Preservation Oaverlay Ddishict, prineipa�uses permitted auhight and 8876 t� uses are those specified by the eerrespar�dnzgunderlying district a� '`-" ''- -' `- -- --'".^"' > 8877 to the extent that they are not prohibited by any other provision ofthe zoning code. They are subj ect to standards specified 8878 in the ea�espar�ingunderlying district seettan and to those specified below. 8879 (Ord. No. 17889, § 14, 11-21-91) 8880 Sec. 67@.�82�3. Tree preservation plan. 8881 (a) Whenpreservationplanrequzredgenerally. Anyapplicationforabuildingpermitthatrequirestheremovalofone $882 (1) or more trees of twelve (12) inches DBH or larger, grading permit, fill pernut, lot split, plat approval or any 8883 development requiring site plan review shall include a tree preservation plan, drawn to scale, for that area within 8884 the limits of disturbance. The tree preservation plan shall be certified by a Minnesota-registered land surveyor, 8885 landscape architect or forester. The plan shall be submitted to the planning administrator for review and approval. 8886 (b) Subdivisions where applicant for plat approval is d�erent from other permits. In the case of a subdivision 8887 approved after designation as a"TP" district, where the applicant for plat approval and the applicant for a building, 8888 grading or fill permit are different, tree preservation plans shall be submltted as follows: 8889 (1) The applicant far plat approval shall submit a tree preservation plan for any azea tp be disturbed in any way 8890 for the purposes of platting and(or site preparation. The tree preservarion plan does not need to cover the 8891 buildable azea of individual lots, unless the buildable area will be disturbed for site preparation. 8892 (2) The applicant for a building, grading or fill permit within a subdivision approved after designation as a uTP" 8893 district shall submit a tree preservarion plan for the buildable area of the individual lot. 8894 (c) RequdPed information. The tree preservation plan shall include the following: 8895 (1) The locarion, diameter at breast height (DBI� and species of a11 existing trees six (6) inches DBH os larger 8896 within the limits of disturbance. If the superintendent of parks determines that the size of the parcel and the 8897 number of affected trees renders the individual identification of all trees unreasonable, accepted methods of 8895 farest cruising may be substituted. Where forest cruising is used, a11 trees in excess of twelve (12) inches 8899 DBH shall be individually idenrified. �•11 .`1 :'1 8903 8904 8905 8906 8907 8908 (2) The location and dimension of all buildings (existing and proposed); the location of easements, adjacent roadways and vehicular access driveways; existing and proposed grading; site drainage facilities; parldng areas; sidewalks and utilities. (3) The location of all trees that will be preszrved and incorporated into the proposed site design. All tree drip lines shall be noted. (4) A description of how trees will be protected before and during construction. (5) The location of trees to be removed, replacement trees and areas proposed for addirional landscaping, including, but not limited to, the tree name (botanical and common); the quantity of each species; tree caliper, measured six (6) inches aboveground; and a typical planting detail. 8909 (d) When plan not required. A tree preservation plan shall not be required in the following cases: 8910 (1) Where the applicant can demonstrate that there aze no existing trees within the limits of disturbance. 8911 (2) For the regular maintenance of existing public utilities. � 8912 (e) No site preparation until plan approved. No cutting, clearing, digging or grading for site prepazation shall be 8913 undertaken until a tree preservation plan has been approved. O a � o� p O 8914 (fl No removal or replacement until issuance of permit and approvals. No tree removal or replacement sha11 be 8915 undertaken until approval and issuance of the grading or fill pernut, plat approval or site plan approval. 8916 (g) Filing plan with planning administraton Where a tree preservarion plan is approved with the final plat, a copy of 8917 the approved tree preservation plan shall be kept on file with the planning adtninis`trator for detem7inarion of 8918 compliance prior to issuance of a building permit(s) at the time of construcrion, i 8919 (Ord. No. 17889, § 14, 11-21-91) 8920 Sec. 676.�$204. Selection of trees to be preserved. 8921 (a) Those trees shall be preserved that: 8922 8923 8924 8925 8926 8927 8928 (1) Protect and enl�auce the integity of the natural environment by maintaining the natural vegetation and topography; (2) Complement the project design, including the enhancement of building architecture and streetscape appearance; (3) Complement stormwater management techniques; (4) Augment or do not interfere with sedamentation and erosion control designs; or (5) Are recommended for preservation by the superintendent of parks. 8929 (b) The removal of trees of twelve (12) inches DBH or larger, when not related to a building permit, grading pernut, 8930 fill permit, lot split, plat approval or any development requiring site plan review, shall be prohibited unless: 3931 8932 8933 8934 8935 8936 (1) The tree(s) is (aze) located on parcels occupied by a main building (or a group of main buildings) and accessory buildings and determined by the properry owner to be a nuisance, hazazdous, diseased, dying or dead; (2) The tree{s) is (are) being removed from commercial nurseries or horticultural properties such as tree fanns, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to the imminent development of land; or 893"1 (3) Tree removal is approved by the superintendent of parks, and the irees are replaced as required in section 8938 679.�208. 8939 (Ord. No. 17889, § 14, 11-21-91) 8940 Sec. 679.9$2D5. Protection of trees to be preserved before construction. 8941 (a) Trees or tree areas that are to be preserved shall be visibly marked prior to construcfion. 8942 (b) Protection devices shall be installed priar to construction and shall be shown on the approved landscape plan. 8943 Protecrion devices include, but are not limited to, snow fencing, board fencing, silt fencing or sh and flagging. 8944 Construction personnel shall be nofified of the purpose and presence of the protection devices. 8945 (c) The applicant shall arrange for an on-site inspection of all protecrion devices by the superintendent of parks prior 8946 to commencing grading or construction. 8947 (Ord. No. 17889, § 14, 11 21-91) 8948 Sec. 678.�82Q6. Protection of trees to be preserved during construcfion. 8949 (a) Protection from grading or fzlling. Grading or filling shall not occur inside the drip line of h to be preseroed, 8950 unless approved by the superintendent of parks. If grading or filling inside the drip line is approved, root aerafion 8951 practices andlor iree wells or walls shall be used, subject to approval by the superintendent of parks. 8952 (b) Activities prohibited within drip Zines. The following activities sha11 be prohibited within the drip line of the tree(s) 8953 to be retained: ;. . 8955 8956 (1) Trenching; (2) Temporary storage of any construction mateiials ar chemicals; and (3) The roufing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers. u r 8957 (c) 8958 8959 8960 (d) 8961 8962 (e) 8963 8964 Sediment and erosion control. All sediment and erosion-control silt fencing or straw bales shall be placed at the'� limits of grading or where needed to mnumize the deposition of sediment within the drip line of the protected tree(s). O � ' � o � p 0 Attachingprotective devices, signs, etc., to trees prohibited. No protective devices, signs, utility poles or lines, or other objects shall be nailed or attached to any trees that are to be preserved. f Other actions prohzbited. Any other action within the drip line of the protected tree(s) that may result in the�j severing of roots or compacrion of soil, or that may impede the free access of air and water to tree roots, shall be prohibited. 8965 ( fl Other tree protection practices. Other tree protecrion pracrices may be required at the discrerion of the planning 8966 adiniiiistrator and/or superintendent of parks. 8967 (g) Amendment to plan priar to removal. An amendment to the tree preservarion plan shall be required prior to the 8968 removal of trees that were slated for preservation on the original tree preservation plan. 8969 (Ord. No. 17889, § 14, 11-21-91) 8970 Sec. 67 @.99207. Protection of preserved trees after construction. 8971 (a) Construction barriers shall be removed from protected tree areas. 8972 (b) The applicant shall arrange an on-site inspection by the superintendent of parks for approval of post-construction 8973 tree protection pracrices. Such approval shall be required prior to the release of any security as provided in section 8974 67A.�&209. 8975 (Ord. No. 17889, § 14, 11-21-91) 8976 Sec. 679.9$208. Replacement of trees. 8977 (a) Generally. While development shall retain the maximuxn number of trees possible, it is recognized that a certain 8978 amount of tree removal is an inevitable consequence of urban development. 8979 (b) Replacement requirements. Trees removed for development or reasonably anticipated to be lost due to 8980 development shall be replaced according to the following requirements: �i?2fa . �,.; s': :' :':. (1) Individual trees of at least twelve (12) inches DBH but less than eighteen (18) inches DBH shall be replaced on the basis of one (1) replacement tree for every one (1) tree removed. (2) Individual trees of at least eighteen (18) inches DBH but less than twenty-four (24) inches DBH shall be replaced on the basis of two (2) replacement trees for every one (1) tree removed. (3) Individual trees of twenty-four (24) inches DBH or larger shall be replaced on the basis of three (3) replacement trees for every one (1) iree removed. 8987 (c) Transplantingpermitted. Trees designated forremoval within the limits ofdisturbance maybe transplanted within 8988 the site and counted as replacement trees. 8989 (d) Deciduous replacement trees. Deciduous replacement trees of nursery stock shall be at least two and one-half (2 8990 %z) caliper inches ari$ of a species similar to the tree(s) lost or removed,: and. 8991 meet the sfandards,in section 63.1.06, landscaping 8992 plant materials. At the discrerion of the superintendent ofparks, coniferous trees may replace deciduous trees that 8993 are lost or removed. 8994 (e) Coniferous replacement trees. Coniferous replacement trees shall be at least six (6) feet in height, ar�d of species 8995 similar to the iree(s) lost or removed,. and . 8996 meet the standards in sec�ion'63.106; landsca7iing andplanf materials. 8997 ( fl Inspection. The applicant sl�all arrange for an on-site inspection of all replacement trees by the superintendent of 8998 parks prior to planting. 8999 (g) Time limit on planting replacement trees. Replacement trees shall be planted no more than twelve (12) months 9000 after the removal of original trees, unless an extension is ganted by the superintendent ofpazks. The applicant shall 9001 inform the superintendent of parks that all replacement trees have been planted, at which time the superintendent 9002 of parks shall inspect the site. 03°1028 9003 9004 9005 9006 9007 9008 9009 9410 4011 9012 9013 9014 9015 9016 9017 9018 9419 4020 9021 9022 9023 (h) Off-site planting of excess replacement trees. Tf the number ofreplacement trees to be planted exceeds the number of trees that can be accommodated pracrically on-site, as deternuned by the superintendent of parks, off-site ; planting may occur at locations to be determined by the applicant and the superinCendent of parks, or a fee in liet� ` of off-site planting may be required as provided in pazagraph (i) below. Wheri detemuning off-site planting locations, priority shall be given to lots that aze located within the "TPu Tree Preservation District and in close proximity to the lot(s) from which the trees were removed. (i) Fee in lieu replacement trees, expenditure offunds. Where tree replacement on-site is not practical and a suitable off-site location cannot be deternuned and agreed upon by the applicant and the superintendent of pazks, a fee in lieu thereof may be assessed for the replacement required in section 67@.3�&208(b). The fee amount, which shall be equal to or greater than the value of each tree established in the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the Intemational Society of Arboriculture, plus ten (10) percent, shall be provided by the applicant and approved by the planning administrator. All funds collected shall be expended exclusively for tree planring and maintenance as administered by the superintendent of parks. (j) Replacementoforfeefortreesdeszgnatedforpreservationoroutsidelimitsofdisturbance. Anytreesdesignated for preservation on the tree preservation plan or that are outside the limits of disturbance, but that were subsequently removed or damaged, shall be replaced at the rate of one (1) new tree for every tree lost or according to the requirements stated in section 678.�&208(b), whichever is greater; ar through payment of a fee in lieu thereof equal to or greater than the value of each tree lost as established in the latest revision of "A Guide to the Professional Evaluafion of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the International Society ofArboriculture. 9024 (k) Trees for which replacement is not appldcable. The provisions of section 679.�$208 shall not apply to: 9025 9026 9027 9028 9029 9030 9031 (1) The removal of trees in areas to be occupied by buildings, private streets, driveways, areas required for accessory parldng or within a distance of fifteen (15) feet of a building foundation; (2} The removal of trees detemiined by the superintendent of parks to be hazazdous, diseased, dying or dead; (3) The removal of trees transplanted from one (1) part of a development site to another; or (4) The removal of trees from commercial nurseries or horticultural properties such as tree farms, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to the imminent development of land. 9032 (Ord. No. 17889, § 14, I1-21-91) 9033 Sec. 698.�&209. Security agreement. 9034 (a) Before the tree preservation plan is approved, the applicant shall ftle a perforinance 6ond, letter of credit, cash or 9035 escrow deposit equal to one hundred twenty-five (125) percent of the value of each replacement tree shown on the 9036 tree preservarion plan as established in the latest version of "A Guide to the Professional Evaluation of Landscape 9037 Tree, 5pecimen Shrubs and Evergreens," prepared by the Internafional Society of Arboriculture. At the discretion 9038 of the aoning administrator, additional security may be required in accordance with section 679.4$208(�i). 9039 (b) Release of the security shall be as provided in section 61Z.104$(f?). 9040 (c) In the case of a subdivision approved after the effective date of this section where the applicant for plat approval 9041 and the applicant for a building, grading or fill permit are different, two (2) separate securities shall be filed. The 9042 applicant for plat approval shall file one (1) at the time of platting; the applicant for a building, grading or fill 9043 permit to develop the individual lots shall file one (1) at the time of permit approval. The amount of the security 9044 in each case shall be as required in paragraph (a) above. 9045 (Ord. No. 17889, § 14, ll-21-91) 9046 Sec.679.39210. Penalty. 9047 9048 9049 9050 9Q51 9052 The removal of trees in violation of this subdivision shall be constitute a petty misdemeanor and subject to a fine as specified in sectaon 1.05 of this Code. In determining the amount of the fine, the court is requested to take into considerarion the value of the tree(s) removed as established in the latest version of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the Intemational Society of Arboriculture, plus the cost to replace the tree{s). The unapproved removal of each tree shall constitute a separate vialation. � � - .. . . . --� .� . ..•. .� .. ., . �. , .... .: �� .. ., ••.. 1: 'j � � 9106 . , � 9107 . - 9108 aat- � 1' .. . . . . .. � : . � • 1 � ' - : . .� : .. .: . � . ' - - � . .. . . . , . . . .• ' . .: . . � .. � � . . . . � . . . . . . • � .. • ,. .,: . . .: . • � . : ' 1 . •. •. . . :• : : :. � •.: . � - � :• ' . .• . . : : . : . . . . •..:• :. . . � •.• ., . : : . ' � - - � . � �. . - - - -�- � - - - . ... _ . _ _ . . .. .. -�- - - -- - - - - � .. . . . . . . . . ' - - - � - - - - - � �- � - - - - - . . .-- � � --- .• . . � .: �. . - -.:-- . C : - : -. : � 1 .. . :.. . .: . . . � :.. . . . : :. : . . . - �. �� � �� ��:� � .���....�.� .. ..• . :. • . � .. . .. • . : .. .. . . : . : • : ' . •:. .. . ' : : ..•: : . •. 9139 9140 9141 9142 9143 9144 ,� - - t1RTICLE III: 67300. SD SHEPARD DAVERN CONINIERCIAL AND RESIDENTIAL REDEVELOPNIENT.OVERLAY DISTRICT nreri�i.reva�eiiis�iauiw�iiuw��iewni��f si�ee¢air �ROU.ronn�wer�.rerisisi�aSeieai+++o�wx<ewrywTnnirt�wiaivAie��yiiT�eyew 9145 9146 Sec. 678.3019i8. General provisions. 03•�0�8 9147 (a) Establishmentofredevelopmentoverlaydistricts, ThereareherebyesYablishedwithintheCityofSaintPaul 9148 special zoning districts which shall be lmown as the SDC Shepard Davem Cominercial Redevelopment Overlay'. 9149 District �� and the SDR Shepard Davem Residenrial Redevelopment Overlay Dish �j. Thesa 9150 redevelopment overlay districts aze established to maintain a unique character, to promote economic developmenf 9151 potential,toencouragedevelopmentofurbanvillagesv✓ithpedesirianandtransitorienteddesign,topromotemixed 9152 use development, and to protect public health, safety and welfaze within the desigiated districts. 9153 (b) Relationship to other applicable regulations. Properry located within a redevelopment overlay district shall be 9154 subject to the provisions of the primary zoning district, existing overlay districts and the new redevelopment 9155 overlaydish 9156 zoning district and e�sting overlay districts, where provisions of the redevelopment overlay district conflict with 9157 either the primary zoning district or the existing overlay district, the provisions of the redevelopment overlay 9158 district shall govem. 9159 (c) Established boundaries. Redevelopment overlay dish boundaries shall be as specified in the individual 9160 redevelopment overlay district regulafions. The redevelopment overlay district designation shall be shown on the 9161 zoning map {�taelm�e�Aj in addition to the underlying zoning district designarion F�e�e�$J. 9162 (C.F. No. 99-1165, § 1, 12-22-99j 9163 Sec. 678.302�29. SDC Shepard Davern Commercial Redevelopment Overlay District. 9164 (a) 9165 9166 9167 9168 91b9 9170 Purpose. The SDC Shepard Davem Commercial Redevelopment District (-&BEj is an overlay dishict designed to promote the redevelopment of the area into a mixed use urban district combining commercial uses, hospitality facilities and housing. Redevelopment in the district shall be designed to enhance the livability of the area, to reduce adverse traffic and parldng conditions and to create building uses and space consistent and compatible with the architecture of Saint Paul and the scenic features of the area. The district is also designed to increase green space and maacimize vegetafive plantings throughout the district and provide tree lined corridors along West Seventh, Shepard Road and the proposed Edgcumbe Parkway. 9171 (b) Establishedboundaries. TheboundariesoftheSDCShepardDavemCommercialRedevelopmentOverlayDistrict 9172 shall be the area shown on the official zoning map. 9173 (c) Permitted uses. In addirion to the uses permitted within the primary zoning district, the following uses shall be 9174 permitted in the SD� Shepard Davem Commercial RezFevelopment Overlay Disteict_ 9175 9176 4177 9178 (1) Hotels and kotel conference facilities. All hotels sha11 be at ]east three (3) stories in height and have a minimum of one hundred (100) rooms. Patron access to hotel rooms shall only be provided by a ceniral interior comdor. (2) Higher density multiple family housing with or without mixed commercial uses. 9179 (d) Prohibited uses_ The following uses shall be prohibited in the SDG Shepard Davem Commercial Redevelo}�ffient 9180 Overlay District: 9181 (1) Automobile sales and service centers, auto convenience markets, auto service stations and auto specialty 9182 stores. Exceptions are those auto convenience markets and auto service states that are not freestanding and 9183 are integated into either hotel, office, or parking ramp structures. 9184 (2) Freestanding and drive thru fast food restaivants. 9185 9186 9187 9188 9189 9190 9191 (3) Recycling drop off stations. (4) Cunency exchange businesses. (5) Pawn shops. (6) Community and transirional residential facilities. Veterinary clinics. Cellular telephone antennas not located on an existing structure. Freestanding liquor establishments. ��) � �4) �` ;; 9192 (e) Building regulations. The following building regulations shall pertain to the SDC Shepard Davern Commercial 9193 Redevelopment Overlay dish 9194 (1) Minimum redevelopment site size shall be as follows: O 3 0 �, 0 2� 9195 a. TheareaboundedbyWest7thStreet,DavemStreetandNorfolkAvenueshallbedevelopedasonesite. . •, 9197 9198 9199 9200 b. Within the remainder of the overlay district, the minimum redevelopment site size shall be one (1) acre. (2) Building heights shall be limited to six (6) stories and not exceed sucty-five (65) feet outside the river corridor zone. (3) (4) The maximum floor area ratio shall be three (3). Front setbacks shall be as follows: 9201 a. Shepard Road shall have a minimum setback of 25 feet with a planned canopy of trees. Canopy trees 9202 are recommended to be spaced no more than 30 feet apart with allowances for entries and signage view 9203 corridors. Infill landscaping to include understory trees or shrubs with at least fifly (50) percent of all 9204 species native to Minnesota. Driveway cuts onto Shepard Road are discouraged. 9205 b. Edgcumbe Pazkway shall have a minimum setback of 20 feet with a planned canopy of trees. Canopy 9206 trees are recommended to be spaced no more than 30 feet apart with allowances for enri and signage 9207 view corridors. Infill landscaping to include understory trees or shrubs with at least fifty (50) percent 9208 of all species narive to Minnesota. 9209 9210 9211 4212 9213 9214 9215 c. West 7th Sstreet from Mississippi River Boulevard to Wheeler Street shall have a minimum setback of 25 feet with a planned canopy of trees. Canopy trees are recommended to be spaced no more than 30 feet apart with allowances for entries and signage view conidors. Infill landscaping to include understory trees or shrubs with at least fifty (50) percent of all species native to Minnesota. d. West 7th Sstreet from Wheeler to Davern Street shall have a setback not to exceed 25 feet. Infill landscaping to include canopy trees, understory trees or shrubs with at least fifty (50) percent of all species native to Minnesota. 9216 e. Front setbacks on the remainder of W est 7th Severrtk Street shall nat exceed twenty-five (25) feet. Infill 9217 landscaping to include understory trees or shnxbs with at least fifiy (50) percent of all species native to 9218 Minnesota. 9219 £ Front setbacks on Da�ern Sstreet shall not exceed twenty-five (25) feet. Infill landscaping to include 9220 understory trees or shrubs with at least fifty (50) percent of all species native to Minnesota. 9221 9222 9223 9224 9225 9226 9227 9228 9229 9230 9231 9232 9233 9234 9235 9236 9237 9238 (5) Side setbacks shall be a minimum of ten (10) feet on all sides. Infill landscaping to include understory trees or shrubs with at least fifiy (50) percent of all species native to Minnesota. (6) Atleastfifty(50)percentoftheEdgcumbeParkwayandDavemStreetfrontageshallbefrontedbybuildings. (7) Buildings on Edgcumbe Parkway, Davern Street and West 7th Street shall have at least one (1) prominent pedestrian entry oriented to the parkway or street. (8) Building design and materials shall enhance the historic and scenic character of this area of Saint Paul, with appropriate relationships to Fort Snelling and Fort Road (W 7th), as follows (refer to illushation or diagram on file in the office of the city clerk}: a. Forbuildingsgeaterthanthree(3)stories,acornicelineshallbeestablisheddefiningthebuildingbase, located approximately one-third (1!3) of the distance from where the building meets the ground to the top o£the building; b. A comice line shall be established defining the top of the building; a Cornices shall be allowed to project over the public right-of-way line, but not more than fifteen (15) inches; d. The building base shall be faced in stone, brick/masonry, or a material equal or better in quality; no cement block is allowed. e. The building's exterior primary building material shall be faced in durable, maintainable materials in keeping with the character of Fort Snelling (stone, brick/masonry, architecturally finished precast 9239 9240 9241 9242 9243 9244 9245 9246 9247 9248 9249 9250 (fl 9251 9252 (1) Freestanding signs with the exception of ground sigis that have two (2) pillars and a maximum height of six 9253 (6) feet. Crround sigis shall be built with the same exterior building materials as the building and shall not 9254 be illuminated with back lighted panels. 9255 (2) Backlighted awning signs. � � 9257 9258 (5) Temporary or portable signs, except that merchant sign placards which sit on the sidewalk and are stored 9259 indoors are permitted during business hours as long as the sidewalk is not blocked or reduced to less than 9260 five (S) feet. 9261 (� Roof signs. 9262 (7) Advertising signs, billboards and business signs that advertise products. 9263 (8) Pennants, banners and h-iangular signs attached to strings. 9264 (g) Prohibited off-premise signs. All off-premise advertising signs, for example, billboards, bus bench signs, and bus 9265 shelter signs, shall be prohibited in the SDG Shepard Davern Commercial Redevelopment Overlay District. 9266 (h) Wall signs. 9267 (1) Wall signs shall cover neither windows or architectural trim and detail. They should be located on the bands 9268 of building facades, over the entry, over windows or beriveen windows. f. � (9) Trash receptacles and storage shall be located within all buildings. (10) Outdoor storage of products, equipment and materials is prohibited. (11) Chain link and bazb wire fencing are prohibited. Prohibited on premise signs. The following on-premise business signs shall be prohibited in the SDC Shepard Davern Commercial Redevelopment Overlay Dislrict: (3) Projecting signs. (4) Flashing signs and electronic message signs. f concrete, stucco or similaz materials equal or better in quality). Materials such as unfinished concrete, � concrete blocks, corrugated or sheet metal, wood or wood composite materials, tile panels and reflective materials are prohibited; O � � � � � � At least twenty-five (25) percent of the first floor facade of any nonresidenha use that c public street shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building; highly reflecfive glass is prohibited; Windows should be set into the exterior wall, with no more than forry (40) percent of the total exterior = envelope being glass; continuous bands of windows are prohibited. 9269 (2) Wa11 signs located above twenty (20) feet in heighY shall be limited as follows: 9270 9271 9272 9273 a. b. c. d. Only one (1) sign per building. Shall not face the Mississippi River. Shall be limited to the corporatelbusiness name or logo. Shall not exceed seventy five (75) square feet. 9274 e. Shall not be illuminated with back lighted panels. 9275 (i) Window signs. 9276 9277 9278 9279 (1) Permanentwindowsigns,withoutadvertising,maybepaintedonthesurfaceofthewindow.Suchsigisshall not exceed ten (10) percent of the window glass area. (2) Temporary window signs, without advertising, may be affixed to the inside of the window. Such signs shall not be in place longer than thirry (30) days and shall not exceed ten (10) percent of the window glass area. 9280 (j) Public sidewalks. All frontages along public streets shall have minimum six-foot sidewalks and tree planted 9281 boulevards, with street trees spaced an average of one every thirty (30) feet. Spacing and growing medium for the 9282 boulevazd trees should be designed for plant health. Any such trees must be selected for heat, deicing salt, soil 9283 compacrion and drought tolerance. Along West 7th 5treet brick pavezs shall be integrated in to the sidewalks at 9284 intersecrion corners (refer to illustrarion or diagram on file in the office of the city c1erY►i Z�'� O'� 8 UJ 9285 (k) Accessory parking regulations. The following accessory parldng regulations shall apply to the SDC Shepard 9286 Davern Commercial Redevelopment Overlay Dishict: 92$7 (1) Location: All on site accessory parking areas and stnxctures shall be located to the side or rear of the 92$8 principal building or use served. 9289 (2) Quantity: Parking shall be provided as the zoning requires for each use, except as follows: 9290 a. For commercial or retail uses, if a transit shelter is provided on site then required pazldng spaces shall 9291 be reduced by five (5) percent but not to exceed five (5) spaces total; 9292 9293 9294 9295 9296 9297 9298 9299 9300 9301 9302 9303 9304 9305 9306 b. For commercial or retail uses, required parking may be reduced by the establishment of a parking dishict for the purposes of sharing pazking within one shopping or entertainment area; pazking areas must be cleazly identified and provided with dedicated pedesh links to the street; the establishment of a parking district to allow a reduction in parldng required shall be subj ect to review and approval by the planning comxnission. The development of shared parking is encouraged subject to the provisions of secrion 63�.ZOOi93. (3) Parldng areas fronting along public street shall comply with the following: a. A landscaped setback area of at least fifteen (15) feet on West 7th Street and Davern Street, twenty (20) feet on Edgcumbe Parkway, twenty five (25)feet on Shepard Road and containing evergreen or deciduous shrubs that form a continuous screen three (3) feet in height within rivo (2) years shall be provided between the parldng area and public sidewalk. Landscaped areas shall be irrigated by underground watering systems. The city zoning adininistrator may approve the substitution of a decorative fence, masonry wall, berm or similar architectural feature in lieu of up to sixty (60) percent of planted materials. Along West 7th Seventk Street, there shall be wrought iron fencing tivee (3) feet high. 9307 b. One canopy tree at least three (3) inches in caliper and one evergreen tree at least two and on�half (2 9308 `/z) inches in caliper shall be provided for every thirry (30) feet of parking lot frontage. Trees shall be 9309 planted in the landscaped area between the parking area and sidewalk. 9310 (4) For all parldng lots which exceed one hundred (100) cars, an area equal to a minimum of ten (10) percent 9311 of the paved parking area shall be provided for interior landscaped islands. For all parldng lots with thirty- 9312 five (35) to one hundred (100) cars, an area equal to a minimum of five (5) percent of the paved parking area 9313 shall be provided for interior landscaped islands. Interior landscaping shall be not less than forty (40) percent 9314 evergreens and shall include canopy trees in islands which exceed one hundred (100) square feet. Parking 9315 lot trees must be selected for heat, deicing salt, soil compacrion, and drought tolerance and are to have a 9316 ground layer of organic mulch and/or massing of shrubs or living ground covers which will be managed to 9317 tolerate site conditions. 9318 (5) Parking structures fronfing along public streets shall comply with the following: 9319 a. Durable maintainable materials (stone, brick, architecturally finished precast concrete or similar 9320 materials equal or better in quality) shall be used for parldng structure exteciors. 9321 b. A landscaped setback area of at least fifteen (15) feet on West 7th 8evenf3i Street and Davem Sireet, 9322 twenty (20) feet on Edgcumbe Parkway, and twenty-five feet on Shepard Road shall be provided 9323 between the parking shucture andpublic sidewalk. Landscaped areas shall be irrigated by underground 9324 watering systems. 9325 c. One (1) canopy tree at least three (3) inches in caliper and one (1) evergreen tree at least two and one- 9326 half (2 '/:) inches in caliper shall be provided for every thirty (30) feet of parldng structure frontage. 9327 Trees shall be planted between the parking structure and the sidewalk, or between the sidewalk and the 9328 street. 9329 (I) Lttndscaping regulations. 9330 (1) At least fifiy (50) percent of all landscaped areas should be planted with species native to Minnesota. � 9331 (2) Where nonnative species are planted, no exofic invasive species shall be used, for example, European 9332 buckthom and Tartarian honeysuckle. O 7 °� O Z� / 9333 (3) Wherever possible, connect new landscape areas to existing or neighboring planted areas for landscape 9334 connecrivity. 9335 (4) In areas of screening, the landscaping shall favor planting beds of uees with shrubs in order to have upper °; 9336 and lower plant material. !_ 9337 �j 9339 9340 (5) The greatest extent possible, existing healthy narive trees and vegetation shall be retained. (6) Canopy lrees aze defined as achieving a height of at least fifty (50) feet at maturity. (7) When trees aze sited in areas where they can be damaged, they shall be protected through such measures as staldng, flagging or curbing. 9341 (C.F. No. 99-1165, § 1, ]2-22-99) 9342 Sec. 679. 9303. SDR Shepard Davern Residenfial Redevelopment Overlay District. 9343 (a) Purpose. The SDR Shepard Davern Residential Redevelopment District fSBi�'j is an overlay district designed to 9344 promote the redevelopment of the area into an urban village residential district by mixing attractive examples of 9345 higher density mulriple family housing with pedestrian-friendly streets and community ameniries. 9346 (b) Established boundaries. The boundaries ofthe SDR Shepard Davern Residential Redevelopment Overlay Disri 9347 shall be the azea shown on the official zoning map. 9348 . 9349 . ' 1 -. .. - . a -. ... . ., : . - - - � C . . . . . � : - .- -. : - . . - . .; - . .: .. - - .. - � - � . �. OC 9354 . 9355 . 9356 (c�) Building regulations. The following building regularions shall pertain to the SDR Shepard Davem Residential 9357 Redevelopment Overlay district. 9358 (1) Building heights shall be limited to six (6) stories butnot exceed sixty-five (65) feet outside the river corridor 9359 zone. 9360 (2) Minimum site size shall be two (2) acres. 9361 (3) 9362 9363 (4) 9364 (5) The total number of rooms (not including kitchen, dining and sanitary facilities) shall not be more than the area of the pazcel in squaze feet, divided by five hundred twenty five (525). The maatimum percent of a lot occupied by main building shall be forry-five (45) percent. All buildings shall have at least one (1) prominent pedestrian entry oriented to the parkway or street. 9365 (6) Building design and materials shall enhance the historic character of this area of St Paul, with appropriate 9366 relationships to Fort Snelling and Fort Road ( W 7th), as follows: 9367 a. 9368 9369 b. 9370 9371 9372 9373 9374 9375 c. A cornice or material trim line shall be established defining the building base as approximately the first floor; A comice line or eave line shall be established defining the top of the building; The building base shall be faced in stone, masonry, or a material equal or better in quality; d. The building's exterior primary building material shall be faced in durable, manttainable materials in keeping with the character of the existing residential azeas; materials such as wnfinished concrete, concrete blocks, corrugated or sheet metal, wood composite materials, file panels and reflecrive materials are prohibited; e. Buildings shall avoid blank street walls. 9376 f. 9377 9378 g. 9379 9380 h. °� ° � Where possible the first floor facade facing a public street shall have wm ows or doors o clear or lightly tinted glass that allows views into and out of the building; highly reflective glass is prohibited. �, Trash receptacles and service azeas or entries shall be screened witli the same materials used on th'e building exterior. Chain link and bazb wire fencing is prohibited. 9381 (de) Public sidewalks. All frontages along public streets shall have minimum six-foot sidewalks and tree-planted 93 82 boulevazds, with street trees spaced an average of one (1) every flzirry (30) feet. Spacing and growing medium for 9383 the boulevard trees should be designed for plant health. Any such trees must be selected for heat, deicing salt, soil 9384 compaction and drought tolerance. Along West 7th Street brick pavers shall be integrated into the sidewalks at 9385 intersection corners. 9386 (e� Accessory parking regutations. The following accessory parldng regulations shall apply to the SDR Shepard 9387 Dauern Residential Redevelopment Overlay District: 9388 9389 9390 (1) Locatiort. All on site accessory parldng areas and structures shall be located to the side or rear of the principal building or use served. (2) Parking areas fronting along public sh shall comply with the following: 9391 a. A landscaped front setback area of at least riventy-five (25) feet containing evergreen or deciduous 9392 shrubs that form a conrinuous screen three (3) feet in height within two (2) years shall be provided 9393 between the parking area and the public sidewalk. Landscaped area shall be irrigated by underground 9394 watering systems. The city zoning administrator may consider the substitution of a decorafive fence, 9395 masonry wall, berm or similar architectural feature in lieu ofplanted materials. 9396 b. One (1) canopy tree at least three (3) inches in caliper and one (1) evergreen ttee at least two and one- 9397 half (2 %z) inches in caliper shall be provided for every thirty (30) feet of parking lot frontage. Trees 9398 shall be planted in the landscape between the parking area and sidewalk. 9399 9400 9401 9402 9403 (3) Parking struchu fronring along public streets shall comply with the following: a. Durable maintainable materials (stone, brick, architecturally finished precast concrete or similar materials equal or better in quality) shall be used for parking stnzcture extenors. b. A landscaped setback area of at least twenty-five (25) feet shall be provided between the parldng shucture and public sidewalk. Landscaped areas shall be irrigated by underground watering systems. 9404 a One (1) canopy iree at least three (3) inches in caliper and one (1) evergreen tree at least two and one- 9405 half (2 %z) inches in caliper shall be provided for every thirry (30) feet of parldng structure frontage. 9406 Trees shall be planted between the parldng structure and the sidewalk, or between the sidewalk and the 9407 street. 9408 (4) For all parking lots that exceed one hundred (100) cars, an area equal to a minimum of ten (10) percent of 9409 the paved parking azea shall be provided for interior landscaped islands. For all parking lots thirty-five (35) 9410 to one hundred (100) cazs, an area equal to a minimum of five (5) percent of the paved parldng area shall be 9411 provided for interior landscaped islands Interior landscaping shall be not less than forry (40) percent 9412 evergreens and shall include canopy trees in islands which exceed 100 square feet. Pazldng lot trees must be 9413 selected for heat, deicing salt, soil compaction, and drought tolerance and are to have a ground layer of 9414 organic mulch and/or massing of shrubs or livmg ground covers which will be managed to tolerate site 9415 conditions. 9416 (Eg) Landscaping regulations. 9417 (1) At least fifty (50) percent of all landscaped areas should be planted with species nafive to Minnesota. 9418 9419 9420 9421 (2) Where nonnative species aze planted, no exotic invasive species shall be used, for example, European buckthorn and Tartarian honeysuckle. (3) Wherever possible, connect new landscape areas to existing or neighboring planted areas for landscape connectivity. 9422 (4) In areas of screening, the landscaping shall favor planting beds of trees with shrubs in order to have upper 9423 and lower plant material. i� � 9424 �SY�T.] 9426 9427 (5} To the greatest extent possible, existing healthy native trees and vegetation shall be retained. (6) Canopy trees aze defined as achieving a height of at least fifty (50) feet at maturit� �, 1 0� 8 (7) When trees are sited in areas where they can be damaged, they shall be protected through such measures as staldng, flagging or curbing. 9428 (C.F. No. 99-1165, § 1, 12-22-99) 9429 9430 9431 9432 ARTICLE IV. 67.400. WB WHITE BBAR AVENTJE OVERLAY DISTRICT n,+uree. � . �e.is�itsi�a�iwi.ai�vreeR:siiyfe�:��atmr,sayi�rz.Jre<s�i ini��ea 9433 Sec. 678.95401. General provisions. 9434 (a) Establishment of overlay district; intent. There is hereby established within the city a specaal zoning district 9435 which shall be lmown as the WB White Bear Avenue Overlay District �}Bj. This district is established to 9436 implement the White Beaz Avenue Small Area Plan, maintain a unique character, to promote mixed use 9437 development, and to protect public health, safety and welfare within the designated dish 9438 (b) Relationship to other applicable regulations. Property located within the overlay district shall be subject to the 9439 provisions of the primary zoning district and the new overlay district. Because overlay district regulations may 9440 be more or less restricrive than the priu�ary zoning district, where provisions of the overlay district conflict with 9441 the prnnary zoning district, the provisions of the overlay district shall govern. 9442 (c) Established boundaries. Overlay dish boundazies shall be as specified in the overlay district regulations. The 9443 overlay district designation shall be shown on the zoning map{�ttaehmentAj in addition to the underlying 9444 zoning district designation , , 9445 (C.F. No. 01-612, § 2, 7-11-01) 9446 Sec. 676.95402. WB White Bear Avenue Overlay District. 9447 (a) Purpose. The WB White Bear Avenue Overlay District (3�B8Hj is designed to facilitate implementation of 9448 recommendations in the 4Vhite Bear Avenue Small Area Plan. Itedevelopment in the district shall be desigied 9449 to enhance the livability of the area, to reduce adverse traffic and parking conditions and to create building uses 9450 and space consistent and compafible with the architecture of Saint Paul. 9451 (b) Establtshed boundaries. The boundazies of the WB White Beax Avenue Overlay DisYrict shall be the azea 4452 shown on the official zoning map. 9453 (c) 9454 9455 9456 9457 9458 9459 9460 9461 Prohibited uses. The following uses shall be prohibited in the WB White Bear Avenue Overlay District: (1) Currency exchange businesses. (2) Pawn shops. (3) Cellular telephone antennas not loeated on an existing structure. (4) Finishing shops. (5) Recyeling collection centers. (6) Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats,. £except that car rental offices with 6 or fewer passenger vehicles may be permitted, subject to a speeix} conditional use permit. 9462 (d) Builtling regulations. The following building regulafions shall pertain to the WB White Bear Avenue Overlay 9463 District. 9464 (1) 9465 (2) 9466 9467 Commercial buildings should be built as close to the sidewalk as possible. Fencing on White Bear Avenue shall: a.(ij Act as a unifying element on the street, with commercial and residential designs relating to each other. 9468 b. fiij Be adaptable, e.g. fencing might top a wall or be freestanding; D� �� o Z� 9469 c. {iiij Be constructed of high quality and low maintenance materials, e.g. wood for residenfial uses 9470 and omamental iron for insriturional and business uses (not including chain link fencing); ;1 9471 d. (ivj Relate to the street by limiting maacimum heights along White Bear Avenue to three (3) feet. 9472 9473 9474 9475 9476 (3) Walls shall be: a.(ij Constructed of high quality, low maintenance materials, including natural stone and precast concrete systems; � c. �iij Compatible with their surroundings; {iiij Capable of being inte�ated with fencing and landscape materials. 9477 (e) Accessory parking regulations. The following accessory parldng regularions shall apply to the WB White Bear 9478 Avenue Overlay Dishict: 9479 (1) Locafion: All on site accessory parldng areas and structures shall be located to the side or rear of the 9480 principal building or use served. Buildings on comer lots shall, to the extent possible, locate the principal 9481 building at the comer with accessoty pazking to the side and rear. Buildings on lots with frontage on 9482 three or more sides shall develop a plan that best meets the goals and intent of the White Bear Avenue 9483 Small Area Plan and this overly distdct. 9484 9485 9A86 (2) Quantity: Pazking shall be provided as the zoning requires for each use, except as follows: a.fij For retail, medical, service and office uses, if a transit shelter is provided on site then required parking spaces shall be reduced by five (5) percent but not to exceed five (5) spaces total; 9487 6. (tij For retail, medical, service, and office uses, required parking may be reduced by the 9488 establishment of a parking district for the purposes of sharing parking within one shopping azea; 9489 parldng areas must be clearly idenfified and provided with dedicated pedestrian links to the street; 9490 the establishment of a commercial parking district to allow a reduction in parking required shall be 9491 subject to review and approval by the planning commission. 9492 a {riij The development of shared parldng is allowed as regulated in sections 658.732&}3f}Sj and 9493 63�.483206(g}(�j. Additionally, medical and service uses may participate in a shazed parJting 9494 agreement provided that it can be demonstrated that there will be adequate parking in combination 9495 with the other uses listed in section 63�.i63-206(g){�j. 9496 ... ...; 9499 9500 9501 (3) Parldng structures fronting along public streets shall comply with the following: a:{ij Durable maintainable materials (stone, brick, azchitecturally finished precast concrete or similar materials equal or better in quality) shall be used for parking structure exteriars. b. {iij A landscaped setback atea of at least five (5) feet shall be provided between the parldng shucture and public sidewalk. Landscaped areas shall be irrigated by underground watering systems. 9502 (fj Landscaping regulations. Street trees and landscaping must be designed with the long term health of the plants 9503 in mind. Street trees should be planted along the entire lengYh of White Bear Avenue, making sure that there is 9504 sufficient room for root gowth and including an irrigation system when necessary. Generous planting beds are 9505 preferable to tree grates. Other landscaping should be hardy and primarily native. 9506 9507 9508 9509 9510 9511 9512 (1) �2) (3 ) (4) At least fifry (50) percent of all landscaped areas should be planted with species native to Minnesota. Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthorn and Tartarian honeysuckle. Wherever possible, connect new landscape areas to existing or neighbaring planted areas for landscape connechvity. In azeas of screening, the landscaping shall favor planring beds of trees with shrubs in order to have upper and lower plant material. 9513 (5) The greatest extent possible, existing healthy nafive trees and vegetarion shall be retained. � 9514 (C.F. No. O1-612, § 2, 7-11-01) �� n � o �� 9515 9516 ARTICLE V. 67.500. HV HII,LCREST VILLAGE OVERLAY DISTRICT 9517 ' . F: ,.. . .: � 9519 Sec. 67@.956501. General provisions. 9520 (a) Establishment of overlay district, intent. There is hereby established within the City of Saint Paul a special 9521 zoning dishict which shall be lmown as the HV Hillcrest Village Overlay District. This district is established to 9522 implement the White Bear Avenue Small Area Plan, to promote the redevelopment of the azea into a mixed use 9523 urban district combining commercial uses and housing, and to protect public health, safety and welfaze within 9524 the designated district. 9525 (b) Relationship to other applicable regulations. Property located within the overlay district shall be subject to the 9526 provisions of the primary zoning district and the new overlay district. Because overlay district regulations may 9527 be more ar less restricfive than the primary zoning district, where provisions of the overlay district conflict with 9528 the primary zoning district, the provisions of the overlay district shall govern. 9529 (c) Established boundaries. Overlay district boundazies shall be as specified in the individual overlay district 9530 regulations. The overlay district designations shall be shown on the zoning map {�}ttaehmertt$j in addition to 9531 the underlying zoning district designation f��-�j. 9532 (C.F. No. O1-612, § 2, 7-11-01) 9533 Sec. 679.95�502. HV Hillcrest Village Overlay District. 9534 (a) 9535 9536 9537 9538 9539 Purpose. The HV Hillcrest Village Overlay District (�9BJ is designed to facilitate implementarion of recommendafions in the White Bear Avenue Small Area Plan and to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing. Redevelopment in the district shall be desigied to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing, to enhance the livability of the area, to reduce adverse traffic and parldng condifions and to create building uses and space consistent and compatible with the architecture of Saint Paul. 9540 (b) Established boundaries. The boundaries of the FN Hillcrest Village Overlay Disfrict sha11 be the area shown 9541 on the official zoning map. 9542 (c) 9543 Prohibifed uses. (1) Uses prohibited in seation 67A.9s�402(c). 9544 (2) Automotive related uses: automobile convenience markets, auto service stations, auto specialty stores, 9545 and auto repair facilities. 9546 (d) Building regulations as in secrion 678.95462(d). 9547 (e) Accessory paxldng iegulations as in section 67�.95402(e). 9548 (fl Landscaping regulations as in secfion b78.95402(fj. 9549 (C.F. No. O1-612, § 2, 7-11-oi) 9550 9551 9552 Chapter 68. Zoning Code - River Corridor Overlay Districts 9553 Sec. 6$.213. Canditional uses. 9554 (d) Structures accessory to pernutted uses, section 685.212, or conditional uses of this section. 9555 Sec. 68.224. Standards for conditional uses in the RC2 Flood Fringe District. 9556 (d) The storage or processing ofmaterials ar 9557 that are, in times of floading, flammable, explosive or potentially injurious to 9558 human, animal or plant life is prohibiYed. S�cisage of othermateria�s or equipment may be allowed if---� readily 9559 removable from the azea within the time available after a flood warning sqstem and in accordance with a plan 9560 approvedbytheplanningcommission;,or . . ifelevated 9561 above the regulatory flood protection elevation by altemative methods which meet the requirements of subsecrion 9562 (a) above; er. w �� R 9563 Sec. 68.225. Standards for all RC2 F7ood Fringe uses. �° ,.�. ,; �� 9564 (c) ManufacturingandindustriaZuses. Measures shall be taken to *+�inim�e interference with normal plant operarions. 9565 Certain accessory land uses such as yazds and pazking lots may be at lower elevarion subject to requirements set 9566 out in subdivision (b�) [Typo. in recent amendment to this chapter.] above. In considering pemut applications, due 9567 considerarion shall be given to needs of an industry whose business requires that it be located in floodplain azeas. 9568 ( fl Manufactured homes. Manufactured homes must meet all the density, setback , flood protection and other 9569 requirements for residenrial use of the zoning code and all requirements of the housing and building code. All 9570 manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, 9571 collapse and lateral movement. Methods of anchoring may include, but aze not limited to, use of over-the-top or 9572 frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements 9573 for resisting wind forces. 9574 (g) Travel trailers sl�all not be used for living quarters, and are exempt from the provisions of this ordinance if they 9575 have cunent licenses required for highway use, are highway ready meaning on wheels or the internal jacking 9576 system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer 9577 parks, and the travel trailer/tzavel vehicle has no permanent structural type additions attached to it. Travel trailecs 9578 and travel vehicles lose this exemption whem development occurs on the parcel exceeding $500 dollazs far a 9579 structural addition to the trauel trailer/travel vehicie or and accessory structure such as a gazage or storage bnIlding: 9580 The travel irailerltravel vehiole and aIl additions and aocassory structures will then be treated as a new structure 9581 and shall be subject to fhe elevation/flood praofing.requirements :and'nse af'land restrictions specified� in this 9582 ordinapce. No new commercial:travel trailer ortravsl vehialepazks shall be:allowect in the RCl Floozlway ar.RC2 9583 FloodFringe Overlay Districts:, 9584 (hg) Pollution of waters. 9585 9586 Chapter 69�. Zoning Code - Subdivision Regulations 9587 [Renumber this chapter as Chapter 69.] 9588 Sec. 694306. Planning Administrator and board of zoning appeals approval. 9589 (a) Tf a proposed lot sptiE'c'reaYea a:new properiy line,that bisects a buildinn other structure, a comman wall 95`�0 agreament shall be filed� on�fh8'dee8s for bo'tfi�new parcels. This piovision is:intended�to satisfy�aIl of fhe zoning 9591 requiremenYs for setbac3�s in� lieirof a variance, but� doesnoY superceda�any buildiiig cada requirements res�tliing 9592 from�Y�e prciposed lot�split: 9593 Sec.69�.501. Streets. 9594 (b) Alignment. AlI steeets shouId.donnect.with or terminataatotherstreets tath�:ea�tentpossible. �ul-de-sac sfreets 9595 are discouraged except.wherefr�c safefy orphgsical "site cdnstra3nts make fihem.necessa.ry. New streets shall 9596 provide for the continuation of existing streets of adjoining subdivisions and for projection of streets into adj oining 9597 properties which are not yet subdivided. 9598 (c) Width. Except in the Highwood area (as defined in Section 67.200), all right-of-way widths and roadway widths 9599 shall conform to the following minimum dimensions unless modified by the director of public works: 9600 9601 9602 9603 9604 Minor Arterials Collectors Local Streets Industrial Streets Right of Way Width in Feet Roadway Width in Feet 80 66 (Director of Public Works) (Director of Public Works) ,. � 4605 9606 9607 9608 9609 9610 9611 In Highwood, local streets cxeated after the effective date of this ordinance [Ordinance�o 17890] sh� �ve a minimumroadway width oftwenty-four (24) feet and minimumright-of-way width of fifty (SQ) feet. LVhen existing local streets that were less than twenty-four (24) feet wide as of October,1990, are disturbed for installation of city services or resurfacing, they shall be rebuilt at their original widths, as reported to the director of public works by the Highwood Task Force in October, 1990, (Appendvc A�), unless a wider street is requested by petirion of abuttmg property owners. Because ofnarrower streets, on-street parldng maybe restricted to ensure adequate width for emergency vehicle access. 9612 Sec.69�.502. Alleys. 9613 (a) Required. Alleys shall be provided where topography renders aecess driveways from the street to service or off- 9614 streetpazldng azeas impractical, eir where limited access streets prohibit driveways to off-slzeet parldng and service 9615 areas, and in the T'N3 district where alleys are designed as part of an interconnected street network in an approved 9616 master plan. 9617 Sec. b9�.507. Blocks. 9618 (b) Block length. The lengths, widths and shapes of blocks shall be as aze appropriate for the locality and the type of 9619 development contemplated, but block lengths in residenrial azeas shall not exceed one thousand (1000) feet. 9620 , , 9621 fee�in-iengtlr. 9622 Sec. 69.510. Flood plain. 9623 No land in the flood plain shallbe sabdivided which is unsuitable for the intended_use because of flooding or inadequate 9624 draivage, water sapply or sewage treatment facilities. Water and sewage rteatment facilities shall comp�y with.the 9625 provisions of Chapter 68, River Corrxdar Overlay Districts, and road access both to the subdivision.and to the individpal 9626 building sites shall be no lo�er than.two (2) f�et be3o� the TegulaYary flood alevation. Fox all subdivisions 9627 in the flood plain, the floodway and.flood feiage.bonndaries, the regulatory flaod'proteCtion elevation, the required 9628 elevation of all aecess roads shall:be:eFearly lal�eled�on all xequired.subc3ivision drawings and platting doaaments. 9629 Sec. 69�5119. Public sites. 9630 Sec.69�.5124. Monuments. 9631 Sec. 69�.600. Required improvements. 9632 9�33 9634 9635 9636 9637 9638 9639 (g) Street trees. Street h having a trunk diameter of not less than two (2) inches measured two (2) feet above grade, shall be:iustalled by flie sutidivider alongall,streets afinfervals no greaterfkiaq forty (40) feet and at least one.perlot , , alangwiflxother laiid"scape improvements, to help define t1ie. street edge,_buffer pedestrians from vehicles, and provide shade. Existing trees which meet the standards ofthis section may be used to satisfy these requirements. Only honey locust, hard maple, green ash, ginkgo or other long-lived shade tree approved by the city forester shall be planted. .�1 .� .. . � : . : . `. .. . .. : . . � • . '�� . : .. . � • . . .. • : . .� :: ' v •�� - . •' .. . : . . : '�'� - - . .. C� - : :. . . i!.�: - - - -- .� :. ��i� _ _ _ : . �-.: +. .' �� :�: - •. •: •: - i - ii - 9651 , . 9652 . 9653 , , . 9654 , . 9655 fi3}—£�}es 9656 . 9657 . 9658 , . 9659 , 9660 , 9661 , . 9662 , � � ' r � � � ` � r ... .. = .. : . �..� : ... C.. :.. .. .: .. �: .!� • . :. . • � '. ... . . .. � .: s . . '. .:. r'� ` .:: . ::. . . . : . : ':. - . : '� 1 . .: •. . .: . .. .: . : ' � : .: . 9672 ��6}-�n�mrns: 9673 , . 9674 ", . 9675 , 9676 , . 9677 f 3�j 9678 , . 9679 , 9680 , , . 9681 �:35j—�uggag� 9682 . 9683 , , , , , 9684 maeiiines ' . .: . . ..: : ... • :. . :. . .: . - :. . • ' : �: . : .: ., .. . '.:. . .• . •. ._.. III . I �� • � � ��..:.�.�,�s..�..,,.....�,....� �.• - ...:. �.� - :. . . . ��• - : .. . .. , . .. ,. .. .�.. �. . .. .. . .. .... - . ..: .:. �.� . .. .� - - - � 1 � � n - n.i�n�ninia.i m�y���nnn�in�uu��yyy�t�' - • ��� = i - i�' -• ri• �:- +i V � � i � • - � � • - � � i � ���• � t _ _ _ � �� :�i i 9701 , , , , , 9702 9703 - - , . 9704 . 9705 , . 9706 , , 9707 , 9708 , 9709 , • 1 .: .: . .. � .: . :. . . : . . . .. ... . . . : ` . . ... . : . . . :. � . . •: 9713 . . . - , , - - 9714 9715 9716 . N,. �....�..r� r�vityiun.���t��nin�ntiau��a 9717 9718 , . . 9719 9720 {i�---�irera€ts 9721 �- �eids 9722 . 9723 , . 9724 9725 , , , 9726 . 9 727 , >a , , . 9728 , . 9729 , - 9730 , - . . .: - . .:. , 9732 , . 9733 03 ° ���� 9734 9735 fi 9736 . 9737 . 9738 . 9739 {�9�-£�a,p}asii+es- 9740 �t-rer�erir�: 9741 {��ertr�izer� 9742 , . 4743 9744 , . 9745 , , , . 9746 �-2-�-}--6e}atirr. 9747 �ss 9748 . 9749 , , 9750 . 9751 , , , , 9752 {33j--� 9753 , , . 4754 , . 9755 - , , • 9756 , , 9757 > > , , , , . 9758 f3�-�ait 9759 ��9}--h�ateires: 9760 , , , , , , � 9761 , , , , , , , , . 9762 , , , , , 9763 sinrijarpreeesser 9764 , 9765 �45}�es 9766 . 9767 {4�}�ph�n- 9768 , . 9769 , , , . 9770 �!if}j�rxw: 9��� , , � 0 3• 10 2 8 9772 . 9773 �r3�-�er£nnre: 9774 . � 9775 . 9776 , . 9777 f 5�}-Raqair. 9778 , , . 9779 , , , . 9780 {+iAj--3auerla�ut- 9781 . 9782 . 9783 9784 0 , > > > , > > a. � 9785 , , , , 9786 erpraeesses 9787 , . 9788 �arrefiiring: 9789 9790 {69j-�ebaee� 9791 �regxr. 9792 {�-1-j-�a}16�m�F 9793 9794 , , , 9795 . 9796 , , . 9797 9798 . . - , , - - 9799 9800 9801 9802 . 9803 9804 9805 9806 9807 9808 9809 9810 9811 9812 _ f � 3 �,�,.��,�'�' . . =. .. . . . .: :. . .: . 4813 9814 9815 9816 9817 9818 9819 , : �. 9820 -(�j . . 9821 9822 9823 4$24 9825 9826 9827 9828 9829 9830 9831 9832 9s3s 9834 -(3j 9835 9836 9837 9838 9839 9840 9841 9842 9843 9844 9845 9846 fb3 f�3 e f�3 fe1 t�3 � fh3 f�3 h3 � ��� . -. .�� � � .: ... . :: : •: . . � . .. ..: . . . : : . � =. r I i/ 9848 9849 9850 9851 9852 9853 9854 9855 9856 9857 9sss 9859 9860 9861 9862 9863 f� f�3 f�3 � f� f�3 f�1 � E�1 63 � f�3 fm3 f�? f�3 ., . . e.. :: . . , : =. . . . _ �,� ,.....` Y�% l�JRRS41//[#1�l'VA . . . . :; . - �. ... � 03�1028 �.� , . .� .� . .�.� . . . . �. . �: ::.� - .: . -. .: .. :.: : . -. .: :. :.. . . .. :.- •. .... � .- �: . ,. �. :. . . . . .. . . �PII�ITl�lYl�l1`l�1��� � �l�l�l�� �� �ibcmttnn �� �� �aiae � �� �� � �: �am�e � ] � ' � _ � J I`NWCC S ng@�inea �� • � � � �l���li1�w7 � . " 9865 �r} ��anaides 9866 ��rnm 9867 � r_ 98b8 {dj 9869 fej $et�iesj 9870 �4j 9871 fgj �ba 9872 flrj E�,-c�rtsia-�rietiesj 9873 {3j 9874 fyj 6strny°�irginiea 9875 �j ""riic�c-raaia 9876 {}j 9877 (mj �r,n�rta 9878 {rtj �eniex 9879 (�aj 9880 {-�r} 9881 {q�j 9882 (rj 9883 {sj �3�eeieuiatx 9884 (tj �eseu�us-frl�bra 9885 . , , - 9886 �airoa�p�4�ple �"�e �FaekbeYq f $ireh � 3��ree �� ...� - .. . . .: _ . , .; . . � :.: 03•1028 9887 9888 9889 �f�9AB 9890 f9�999j 9891 Appenilix A. Zoning Code.- Width of U.upaved Streets.ian Hfglirvuod 9892 (October 1990) 9893 9894 PartofHighwood 9895 North of 9896 Highwood Avenue ... . .�.� .�.. ••11 9901 South of 9902 Highwood Avenue :'1 . Street Directioyt E-W N-S E-W Street Name Mailand Elmwood Howard (Lower) Hadley Mystic Skyway Ogden Court Width ofDrivingSurface (to the nearest foo[) �� 11 10 16 10 (�' 26 ��� 20 10 16 10 (M)� 18 /L'�3 �i� 16 10 16 10 �S) 18 �' 12 14 �)� 15 12 (E) 14 12 9904 9905 9906 9907 9908 N-S Douglynn Snowshoe Boxwood Marillac Winthrop 18 18 *southoflree 16 18 �' 16 1603 • ��2s 16 16 ` 16� 22 18 20 (M) (S)' 16 18 9909 9910 (1) (� indicates the width at the westemmost end of the street. 9911 (2) (M) indicates the width in the middle of the sheet. 9912 (3) (E) indicates the width at the easterumost end of the street. 9913 (4) (N) indicates the width at the northemmost end of the sueet. 9914 (5) (S) indicates the width at the southemmost end of the street. 9915 9916 Secrion 2 9917 9918 That the zoning map of the City of Saint Paul is hereby amended so that the existing OS-2 General Office-Service 9919 District be replaced with the new TN3 Traditional Neighborhood District, and that all property on the West Side 9920 Flats and Upper Landing currently zoned OS-2 General Office-Service be rezoned m TN3 Traditional Neighboxhood 9921 District. 9922 9923 Section 3 9924 9925 This ordinance shall become effective thirty (30) days after its passage, approval and publication. 9926 Requested by Department of: P1aRRinq & ECORO[6iC DevelOPmEnt By: _ Approved by Mayor Date By: Approved by Financial Services By: Fosm Approved by City Attorney By: Approved by Mayor for Submission to Council By: By: Adopted by Council: Date Adoption Certified by Council Secretary