07-348Councii File # D 7-3 � �
Green Sheet # 3 03f309�,
Presented By
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
�
An ordinance amending Leg. Code Chapter61, art. 61.500, by
adding a new section providing for the automatic termination of
conditionai use permits under certain conditions.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN
Section 1
That Legislative Code Chapter 61 is hereby amended by adding the foliowing new section
pertaining to the regulation of conditional use pertnits to the said chapterto read as follows:
Section 2
This ordinance shall become effective thirty (30) days after its passage, approval and �t1�}
publication.
MkY 31 'Ol
Benanav
Bostrom
x��s
Adopted by Council: Date
Adoption Certified by
By: --y/�
Date
�
Yeas Nays � Absent { Re uested b D artment o£
_ -r�o 4 Y eP
�-- .�� �� .�� . � . �- - .. -�
��� ; �
�' �� �.. " �.
�
Fomi Approved by City Attorney
BY. ��✓�'✓Ww„�-- �!—� -a'7
Form A rove y�a�or r ss n t Council
IV
By:
� 3 i '��
i�
�? ..
07 3��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PE — Plaoniug & Ecpnomic Development
CoMact Person & Phone:
Patriaa James
266-6639
Must Be on Council Aaen
Doc. Type: ORDINANCE
E-Document Required: N
Document Contact:
ConWct Phone:
26MAR-07
�
Assign
Number
For
Routing
Order
Total # of Signature Pages � (Clip All Locations for Signature)
Green Sheet NO: 3038092
2 'tvAttorueS ��YAttorneY
3 yor's Office I Mavor/Assistant
4 onnca I C5N Counnl �
5 ,City Clerk Ctitv Clerk
Adop6on of ordinance amending I.eg. Code Chapter 61, ar[. 61.500, by adding a new section providing for [he automatic termination
of conditional use permits under certain conditions.
�_ Planning Commission �r�e��s�{.`!w s{�OC(v,(
qB Committee
Civil Service Commission
1. Has ihis person/firtn everworked under a coMract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possessa skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
A recent court decision found that, once approved, conditional use permits remain in effect and can be re-esta.blished even if the use
has been discontinued for a number of yeazs and has become nonconforming, unless the community's zoning code makes specific
provisions addressing conditional use pemiit expirafion. This amendment will clarify those circumstances under which conditional
use permits expire under Saint PauPs zoning code. �
AdvanWges If Approved:
City will restore its authority to regulate land use and condirional use permits within its boundazies in confortnance with court
decision.
Disadvantages If Approved:
None
APR r o 200�
Disadvantages If Not Approved: 'T�l'71 U
All conditional use permits approved by the city will remain in effect and can be re-established at any
Trensaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
��
�S � ti � LUd f
� �
CostlRevenue Budgeted:
March 26, 2007 126 PM ' Page 1
o �-� y�'
city of saint paul
planning commission resolution
file number 07-20
date March 23, 2007
CONDITIONAL USE PERMIT ZONING TEXT AMENDMENT
WHEREAS, the Saint Paul Zoning Code establishes procedures for the regulation of
conditional uses in Chapter 61, Article V of the Legislative Code; and
WHEREAS, the regulations have no provision for expiration of conditional uses that
have been previously approved by the city; and
WHEREAS, recent court decisions have ruled that conditional use permits do not expire
even though the use is discontinued or replaced by another use, unless there is a
specific provision addressing conditional use permit expiration in the community's
zoning regulations;
NOW, THEREFORE, BE IT RESOLVED, under the provisions of Section 61.801(b) of
the Legislative Code, that the Planning Commission recommends to the City Council
the following amendments to the zoning code regarding Conditional Use Permits:
discontinued or ceases to exist for a continuous period of three hundred si�V-five (365)
davs or when a conditional use chanqes to a permitted use not requirinq a conditional
use permit the conditional use permit shal! automaticaliv expire If the lot area of a
conditional use is subsequentiv reduced in size, the conditional use permit shall
automaticallv expire. If a conditional use becomes nonconforminq and subsequentiv is
discontinued or ceases to exist for a continuous period of three hundred sixtv-five (365)
subseauentiv chanqed to a conditional use requirinq a new permit under section 61.503,
the conditional use permit shall automatically expire.
moved by Morton
seconded by
in favor unanimous
against