The URL can be used to link to this page

278512 CITY CLERK (� FINANCE COUACII � ��/ MAYORMENT GITY OF SAI�NT PAUL File NO. � ��' , , / p 2 _ - �nC,e Ordinance P10. �(D 7�L7 Presented By Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: ' Section 1. That Section 60. 213 of the Legislative Code be amended so as to read as follows: "60. 213. Ma.jor thoroughfare. A�-Q��e��a� e�ree�-�l��el�-�s-�n�e�ded-�e-se��e-ae-s-�a�ge �e�t�e-�ra�'��e�ra�r-€e�-be�k-�k.e-��,ed�a.�e-�x��e�- ga�-a�ea-and-��.e-reg�e�.-be�e�d;-a►�d-�s-des�.g�.a�ed ae-a-�a.�e�-�l�e�exgk.€a�e;-pa.��.Wa�;-€�eeWa�3 e�cp�eeeWa�;-ee��ee�e�3-e�-eqx�.�a�en�-�e��,-�n-�l�e �a.a�e�-g�ax-�e-�de��-�k.es e-s��e e�s-ee�tp��s��.g �l�e-bae�e-a��.e�t��e-e�-�l�e-g�a�-�e�-�l�e�et�g�.�a�ee: An arterial street which is intended to serve lar e vo umes o tra ic or ot t e munici a area an t e re ion e on an s a inc u e t e o owin as e ine in t e Compre ensive an: Princi al Arterial: A street servin the entire metro o itan area an esi e or i vo ume i s eed tra ic accessi e on rom entrance an exit ram s• rinci a arteria s are o ten re erre to as reeways. COUNCILMEN Yeas Nays Requested by Department of: Hunt �evine In Favor Maddox McMahon snowe�ter Against By Tedesco �Ison Form Approv y City Attor ey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � ' � f'�`;r ��.�,� . •. � ' �6��=■o, �' CITY OF SAINT PAUL o � y OFFICE OF THE MAYOR � ��i�i i�a � 0"i n° �� 347 CITY HALL SAINT PAUL, MINNESOTA 55102 GEORC'iE LATIMER (612) 298-4323 MAYOR March 1 , 1982 —`y" -� RE�C'��VFQ ��AR 519� Council President Ruby Hunt COUNC1lW�MAN and Members of the Ci ty Counci 1 RuB`� ��ro� c/o City Clerk Room 386 City Ha11 Saint Paul , Minnesota 55102 Dear Council Members: � ` '�n February 26, 1982, the Planning Commission, on a vote of 17-0, unanimously �approved a resolution recommending a number of amenc�nents to the City's , Zoning Code. The Zoning �Code requires periodic updates of the text. The proposed amendments reflect over five ,years experience in interpreting the Code and are intended to clarify its intent and to simplify its administration. These amendments include a redefinition of streets, consistent with the Comprehensive Plan ; inclusion as principal uses those similar uses approved by the Planning Commission; authorization for the Planning Commission to modify certain special conditions in the I-1 and I-2 zones; standardization of requirements for non- conformina uses ; establishment of standards for determination of similar use; and a time limitation on decisions of the Board of Zoning Appeals. District councils have had an opportunity to review and to comment on the chanqes. A public hearing was held before the Zoninq Committee of the Planning Commission. I am transmittinq these Zoning Code amenc�nents at the request of the Plannina Commission with my recommendation for your review and approval . Sincere � eo e mer Ma o attachments �C� � . � =� • - �'�8512 .. �ity of saint paul planning commission resolution file number date _ WHEREAS, Chapter 60 of the Saint Paul Legislative Code provides for updating the Zoning Code; and� � _ � WHEREAS, the Cu rrent Planning Comnittee of the Planning Corr�nission reviewed the suggested ordinance amendments on February 18, 1982, and recorrmended them to the Planninp Commission for approval ; and WHEREAS, pursuant to Minnesota Statutes 462.257(5) the Plannina Commission did hold a public hearing on the proposed amen dnents at its re4ular meeting on February 26, 1982 ; . WHERERS, the Planning Commission has determined 1 . That the number of real estate descriptions affected by the ordinance renders the obtaining of written consents impractical ; 2. That a survey of an a rea in excess of 40 acres has been made; 3. That a determination has been made that the amenctnents to this ordinance proposed are related to the overall needs of the corr�nunity, to existing land use and to a plan for future land use, and 4. That pursuant to State Statutes proper notice of the hearing has been given in the Pioneer Press and Dispatch on February 5, � February 12, and February 19, 1982; N041, THEREFORE, BE IT RESOLVED, that the Planning Comnission recomnends approval of the zoning code text amendments attached hereto as proposed and directs the Planning Administrator to forward the amendments and this resolution to the Mayor and City Council for their review and action. moved by �T n sE;conded by �eVY in favor » . o ► against . � . �85�� Page 5. (1) All principal uses permitted in the B-3 Business District except family day care, group family day care, and group day care. (2) Any research use. (3) Warehousing and wholesale establishments, and trucking facilities. (4) Where retail sales is not the prima.ry function, the ma.nufacture, compounding, processing, packaging, or treatment of such products as, but not limited to: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge, and ma.chine shops. (5) The manufacture, compounding, assembling, or treatment of articles or merchandise from pre- viously prepared ma.terials such as, but not limited to: bone, canvas, cellophane, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastic, precious or semi-precious metals or stones, steel, sheetmetal (excluding the process of stam ing large items such as automobile fenders or bodies�, shell, textiles, tobacco, wax, wire, wood (excluding saw and planing mills) , and yarns. (6) The ma.nufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas. (7) The ma.nufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products. (8) The ma.nufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs. . 27� -�� Page 6. (9) The manufacture and repair of electrical or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like. (10) Laboratories carrying on experimental and testing processes. (11) Electric and gas service building and yardss Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. Water supply plants. ftailroad and terminal freight facilities, transfer and storage tracks. _ • (12) Lumber yards. (13) Storage of contractor' s equipment and supplies. (14) Automobile service stations and repair facili- ties including undercoating, and body bumping and painting. (15) Municipal public works yards and facilities. (16) Greenhouses, industrial. (i'7) Trade or industrial schools. (18) RecYclin� centers. , (19) ftental storage facilities. (20) Taxi companies, both dispatchin� offices and stora�e. 21 Other uses similar to the above uses. See Appendix A to Zoning Code. '. 22 Mission type uses. 23 Accessory buildings structures, and uses customarily incident to any of the above permitted uses. �- �o-$Z ,_ -, F,+ ,�� Page 7. Section 8. That Section 60.613(3) of the Legislative Code be amended to read as follows: "(3) Sub'ect to Section 64. 300 Subd. 4 outdoor storage areas s a e ence or wa ed. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet. Outdoor storage excepting new automobile storage shall not be closer than 300 feet to any residential district." Section 9. That Section 60.622(1) of the Legislative Code be amended to read as follows• "(1) Any uses first permitted in the I-1 District as "principal uses permitted" and "principal uses permitted subject to special conditions" Providing that the meet at least the minimum conditions impose in eac istrict. Section 10. That Section 60.623(2) of the Legislative Code be amended to read as follows: "(2) Sub'ect to Section 64.300 Subd. 4 outdoor storage may e permitte , ut s a e fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet, except where unusual topographic conditions render the effect of fencing useless. Outdoor storage shall not be closer than 300 feet to any residential district." WHIT,E � - CITY CLERK PINK . - FINANCE COl1I1C11 2�g5�2 (7ANMRY - DEPARTMENT GITY OF SAINT PALTL � BCUE - MAYOR File N O. • . � • � Ordinccnce ordinance N0. /l�g!� Presented By Referred To Committee: Date Out of Committee By Date Page 8. Section 11. That Section 60.624(1) of the Legislative Code be amended to read as follows: "(1) Sub 'ect to 64.300 Subd. 4 junk yards, provided suc are entire y enc ose within a building or within an eight foot obscuring wall, and provided further that one property line abuts a railroad right of way. There shall be no outdoor burning on the site; all industrial processes in- volving equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building. There shall be no stacking of material above the height of the wall, except that movable equi�ment used on the site ma.y exceed the wall height. ' Section 12. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and public ation. COUNCILMEN Requested by Department of: Yeas Nays Hunt � �evine In Favor Maddox McMahon Showalter A g81 tl S t BY Tedesco Wison Adopted by Council: Date APR 2 7 1982 Form Approv City Atto ney Certified P ss Cou cil r BY gy �-c� Approved y a Date �� 1 Approve y Mayor for Submission to Council gy � �(.,f' ,ei�/�l- By PUBUSt�D MAY 8 1982 . � 2 � ��/ z-- Page 2. Intermediate Arterial: A street connectin� subre�ions and communities and desi�ned to carry medium distance trips at hi�h speeds; ideally direct access should be at malor activity centers such as shoppin� centers. Minor Arterial: A street connecting ad,jacent subre�ions and communities within the same subre�ion and desi�ned to carry medium distance trips at moderate speeds; many of these streets are characterized by adjacent residential uses. " . Section 2. That Section 60.219 of the Legislative Code be amended so as to add the fol�lowing thereto: "Street, Collector: A street connecting neighborhoods within t:�e same communities and desi ned to carr traffic from local streets to he arterial system. � Street, Local: A street connectin� blocks within neighborhoods and designed for short trips at low speeds. " . . Section 3. That Seetion 60.512 (3) of the Legislative Code be amended to read as follows: , " (3) Professional offices such as, but �. not limited- toT_ medical offices, including clinics and medical laboratories-�; offices of engineers , architects, and accountantsTi auditing, bookkeeping, a�� legal, duplicatin�, and steno service offices; and s�udios of artists. 4- zo-5��, � . �'��5�2 Page 3. Section 4. That Section 60.513 of the Legislative Code be amended to read as follows: , "60.513. Principal uses permitted subject to special conditions. The f ollowing additional uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject to the review and approval of the planning commission: (1) Personal service establishments which perform services on the premises, such as beauty parlors, barber shops, and photographic studios. (2) Telephone exchange buildings and sewage pumping stations, but not including storage yards, transformer stations, substations, or gas regulator stations. E3�-Add��e�a�-t3.ees-e�.a��-be-ger�.��ed-�x-�l��e 8�s�r�e�-6al�e�-�l�e�-a�e-�exxd-�e-�xee�-a��-e�-�ke �e��e�a��g-�eq�.�re�e��s s Ea�-Re�a�ed-ax�d-rea9enab��-neeessar�-er ea�*ae��e�.�-€er-�k.e-sa��9�ae�e��-a��.-e��e�e�.� epera��er�-e€-a-eeexg�e�e-a�d-�n�egra�ed-e��ee- ee��ee-d�e��e�: Eb�-6fm��ar-�n-eharaeter-�e-ane-er-enere e�-�l�e-p��nefpa�-ts9ee-pe�x��.��edr- Ee�-A€-�l�e-eharae�e�-e�-a-ge�9e�.a�-er a��n�9��nt��e-se��ee-ra�he�-�kan-en-a-re�a��-bas�s: �d�-6f-�neh-eharae�er-�kab-�he-xek�et��a� ��a�€�e-genera�ed-b�-st�.eh-txee-�.9-e��ar-�e-ene-er �xa�e-ef-�he-abeve-perm��ted-t�.se9-and.-�ka�-��-eleee �.e�-reqts��e-�reqnen�-sher�-�er�.-9�9�9-b�-��k�e�es �.n-a-pa��e�n-9��ar-�e-�.-re�e.��-ee�e�e�a� ee�ab��ehrp.en�:" ' i�f�f��,A.� Page 4. Section 5. That Section 60.522(2) of the Legislative Code be amended to read as follows: "(2) Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe, etc. ) , tailor shops, beauty parlors or barber shops, photographic studios, self-service laundries and dry cleaners, and dance schools." Section 6. That Section 60.534(3) of the Legislative Code be and is hereby amended to read as follows: "(3) Subject to the provisions of Section 64.300, Subdivision 4, bowling alley, billiard hall, indoor archery range, indoor tennis courts, rac uet ball and hand ball courts dance hall e ectronic ame room in oor s ating rin , or simi ar orms o in oor commercial recreation when located at least 100 feet from any front, rear, or side yard of any residential lot in an adjacent residential district. Section 7. That Section 60.612 of the Legislative Code be amended to �read as follows: ` � "60.612. Principal uses permitted. In an I-1 Industrial District the use of land, the location and erection of new buildings or struc- tures and the alteration, enlargement, and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses, unless otherwise provided in this code: � � ' � �8512 D � D [� � D ZONING TEXT CHANGES TEXT UPDATE AMENDMENTS I ANALYSIS � I 1. What do the proposed amendments do? The amend- ments update the 1975 Ordinance: I - Redefine Streets to be consistent with Comprehensive Plan - Include as principal uses permitted those similar uses approved by the Planning Corrannission . - Give the Planning Commission authority to r�odify some special conditions in the I-1 and I-2 zones - Make requirements for vacant non-conforming structures consistent with those in continuous use - Include as "not non-conforming" existing residences in I-1 zones - Set standards for determinations of similar use - Limit to one year, actions of the Board of Zoning Appeals and the Planning Cornrnission, with provision for a one year extension. 2. Who initiated the amendments? The Planning Commission 3. Are changes timely? Yes. The Ordinance r�andates updates of the text. 4. What problems will be solved by the changes? The changes should simplify administration of the Ordinance. 5. What problems might the changes create? None. The changes are based on five years of experience in interpreting and administering the Ordinance. DIVISION OF PLANNING • DEPARTMENT OF PLANNING AN� ECONOMIC DEVELOPMENT • CITY OF SAINT PAUL CITY HALL ANNEX • 25 WEST FOURTH STREET, SAINT PAUL, MINNESOTA 55102 • TELEPHONE:612-298-4151 � . • . NOTICE OF PUBLIC HEARING The City Planning Commission of St. Paul has initiated proceedings relative to the amendment of Chapter 60 St. Paul Legislative Code, i .e. , Zoning. Specific texts of the proposed ordinance are an file in the Zoning Section . of the City Planning Division, located at the City Hall Annex, 25 West Fourth Street, llth floor, and may be vieH�ed there upon request. The Planninq Commission has fixed the 26th day of February, 1981, at 9:00 in the morning, in the City Hall Annex Auditorium, 15th floor, 25 West Fourth Street; and at said time and place the P1anning Commission will hear all objections and recomnendations relative to said amendments. THnp1AS P. FITZGIBBON Chairman City Planning Comnission of St. Paul • • . l- f 'i_.. � ;� , TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 BACKGROUND 1 1 .2 PURPOSE AND SCOPE 1 1.3 METHODOLOGY 1 2.0 PROPOSED REVISIONS 2 2.1 PROPOSED REVISION: DEFINITIONS 2 2.2 PROPOSED REVISION: PERMITTED USES IN THE OS-1 3 ZONE 2,3 PROPOSED REVISION: SPECIAL CONDITION USES IN 4 THE OS-1 ZONE 2.4 PROPOSED REVISION: PERMITTED USES IN THE B-1 5 ZONE 2.5 PROPOSED REVISION: SPECIAL CONDITION USES IN 5 THE B-2 ZONE 2.6 PROPOSED REVISIOPJ: PERMITTED USES IN THE I-1 6 ZONE � 2.7 PROPOSED REVISION: REQUIRED CONDITIONS IN THE 6 I-1 ZONE 2.8 PROPOSED REVISION: PRINCIPAL USES PERMITTED IN 7 I-2 ZONE 2.9 PROPOSED REVISION: REQUIRED CONDITIONS IN THE 7 I-2 ZONE 2.10 PROPOSED REVISION: SPECIAL CONDITIONS IN THE 8 I-2 ZONE 2.11 PROPOSED REVISION: NON-CONFORMING LOTS, USES, _ 8 AND STRUCTURES 2.12 PROPOSED REVISION: SIMILAR USES 10 2.13 PROPOSED REVISION: ZONING ADMINISTRATOR 10 2.14 PROPOSED REVISION: JURISDICTION BOARD OF ZONING 11 APPEALS) �2.15 PROPOSED REVISION: ADMINISTRATIVE CODE 11 = � . . ��12 ' 1.0 INTRODUCTION 1.1 BACKGROUND Zoning Ordinances are living regulations, intended to be changed to reflect current interpretations, technologies and City policy. St. Paul 's ordinance . is now more than five years old and is in need of updating. .2 PURPOSE AND SCOPE The changes are basically a potpourri of "house cleaning" items proposed to simplify application of the ordinance. They range in scope from definitions to standards for granting determinations of similar use to new uses such as recycling centers. 1.3 METHODOLOGY The report presents a brief description of the type of amendment proposed, proposed language, and a discussion of the reason for the proposed change. Language to be deleted is dashed through; new language is underlined. -7- 2.0 PROPOS�D REVISIONS V 2. ?. SECTION 60.213 DEFINITION PROPOSED REVISION Change the definition of Major Thoroughfare to be consistent with the Comprehensive Plan. M Major thoroughfare. Rn-er�erfia}-g�wee�-wb}��-}s-}��e��e� to-serve-as-a-�arge-�e}�me-�waf�}eway-�ew-�e�b-��e- rm�nedTate-manfeTpa}-aPea-a��-��e-we��e�-�e�e��s-a�� Ts-desrgne�e�-as-a-�a�ew-��ewe�g��a�e;-�a��way;-��eewa�s express�a�;-ee}}ee�ew;-ew-e��}�a�e��-�e��-}p-��e master-p}nrt-te-fiden�fify-��e�e-s�wee�s-ee��s}pg-�qe basfc-strae�are-ef-��e-�}a�-€ew-��e�ebQq�a�es� 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: Principal Arterial : A street serving the entire metropolitan area and designed for hiqh volume, high speed traffic, .accessible : only from entrance and exit ramps; principal arterials are often referred to as freeways. Intermediate Arterial : A street connecting subreqions and communities and designed to carr medium distance tri s at hi h s eeds• ideally direct access should e at major activity centers such as shopping centers. Minor Arterial : A street connecting adjacent subregions and communities within the same subregion and desiqned to carry_medium distance trips at moderate speeds; many of these streets are characterized by adjacent residential uses. -2- � � ��512 S Street, Collector: A street connectinq neiqhborhoods within the same corr�nunities and desiqned to carry traffic from local streets to the arterial system. Street, Local : A street connecting blocks within neighborhoods and designed for short trips at low s ep eds• DISCUSSION Consistent definitions should aid in tests of compliance with Comprehensive Plan. 2.2 SECTION 60.512 PERMITTED USES IN THE OS- ZONE PROPOSED REVISION Add artists ' studios and duplicating, adding and steno services. (3) Professional offices such as, but not limited to, medical offices, including clinics and laboratories, ; offices of engineers, architects, accountants; auditing, bookkeeping, legal, duplicating, and steno services; studios of artists. DISCUSSION The Planning Commission has determined that artist studios and steno services are equal in impact with other permitted uses. 2.3 SECTION 60.513 SPECIAL CONDITION USES IN THE OS-1 ZONE PROPOSED REVISION Delete paragraph "C (1,2,3)" in its entirety, which refers to additional uses permitted in this district when they are found to meet certain requirements. �3-�-A��a ta oaaa-��es-�Jaaa a-�e-}�e�rna��e�-a�-��a s-9a��a s� wbera-��e�-a�e-#o�+a�-�e-+�ee�-aa a-o#-��e-�ea a ewa�� eq�a�eme��s. �a�-Rea ated-a��-�ease�aa�a�-�aesessa�=�-o�-�efl�e+aa e�� #'ex-�be-�sata s�astex��r-aad-e�€a Ea e�t-e�e�=a�a o� e#-a-Ee��ae�e-a��-aa�eg�a�e�-o�€ase-se��ase- da�tx�ast, ��-�a�aaa�-a�-E�a�as�e�-te-o�e-e�-a�e�e-o�-��e pxa�sapaa-�ses-pe��a��ed, �E�-B�-��e-s�a�as�e�-e�-a-�e�seqaa-o�-ad�a�as��a�a�re- � se��se-+�at�e�-��a�-e�-a-�e�aa�-�asas, ��-A�-s�sl�-Eka�aste�-��a�-��e-�e�as�a a�=-t�=a#�3E ge�e�ate�-b�-s�sb-��se-as-sa��aa�-�e-ane-e� r�e�e-e�-t�e-�be�re-{ae�a�a�tted-�ses-a��-t�at- a�-�ees-x�et-x�eq�a�e-#'�eq�e�t-�be�t-�e��-s�e�s- b�-�repasae�-an-a-�atte�a-�a�3aa�-te-a-�=e�aa�- se�e�s�aa-e�ta�ai�b�neat. (Code 1956, as amended, 560.473. ) DISCUSSION � This paragraph is more appropriate as criteria in the determination of similar use section (62.114) than in the OS-1 zone. -4- 2>4 SECTION 60.522 PERMITTED USES IN THE B-1 ZONE PROPOSED REVISION Add dance schools to personal services establishments. (2) Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe, etc. ), tailor shops, beauty parlors or barber shops, photographic studios, self-service laundries and dry cleaners, and dance schools. DISCUSSION Dance schools were determined by Planning Commission to be similar in nature to other B-1 uses. 2.5 SECTION 60.534 SPECIAL CONDITION USES IN THE B-2 ZONE PROPOSED REVISION Add racquet ball courts and dance halls to the list of indoor comnercial recreational uses. (3) Subject to provisions of Section 64.300, Sub-division 4, bowling alley; billiard hall , indoor archery range; indoor tennis, racquet ball and handball court ; indoor skating rink, dance hall ,electronic game roo�, and other for��s of in door co�mercial recreational use. DISCUSSION Racquetball courts, dance halls, and electronic gameroo�s are determined to be similar to other indoor commercial recreation uses by the Planning Commission. -5- 2.e �ECTION 60.6 2 PERMITTED USES IN THE I-1 ZONE ��OPOSED REVISION Add recycling centers, rental stora e facilities, and taxi companies. (18) Recyclinq centers. (19) Rental storage facilities. (20) Taxi companies, both dispatchinq offices and stora e Renumber (18)-(20) as (21) Other uses similar to the above uses. (22) Mission type uses. (23) Accessory buildings, structures, and uses. DISCUSSION Recycling centers and rental storage facilities are requesting suitable zoning locations throughout the city; taxi companies are included at the direction of City Council . The I-1 is the most appropriate in terms of use and traffic and noise generated. 2.7 SECTION 60.613 REQUIRED CONDITIONS IN THE I-1 ZONE PROPOSED REVISION Make "outdoor storage areas shall be fenced or walled and not closer than 300' to a residential district" subject to Section 64.300 Subd. 4. (3) Subject to Section 64.300 Subd 4, out door storage areas shall be fenced or walled. On those sides of the district abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet. Outdoor storage excepting new auto- mobile storage shall not be closer than 300' to any residential district. DISCUSSION - Topography sometimes renders the 6' obscuring fence obsolete. Also, many industrial sites are within 300' of residential districts but due to topography are quite isolated from them. This change would allow the Planning Comnission to modify those two requirements. -6- � - ��8512 2.8 SECTION 60.622 PRINCIPAL USES PERMITTED IN THE I-2 Make cumulative uses more restrictive. (1) Any uses first permitted in the I-1 District and "principal uses permitted subject to special conditions" providing that they meet at least the minimum conditions imposed �n each district. DISCUSSION Without the clarifying language, I-1 Special Condition Uses become permitted uses in the I-2 without any conditions attached. This language is consistent with the B-3 cumulative uses. 2.9 SECTION 60.623 REQUIRED CONDITIONS IN THE I-2 PROPOSED REVISION Make outdoor storage fencing and distance from residential district subject to 64.300 Subd 4, Planning Commission modification. (2) Subject to Section 64.300 Subd 4, outdoor storage may be permitted, but shall be fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet, except where unusual topographic conditions render the effect of fencing useless. Outdoor storage shall not be closer than 300 feet to any residential district. DISCUSSION See previous discussion under I-1. (Section 2.7 of this report). -7- 2.10 SECTION 60.624 SPECIAL CONDITION USES IN THE I-2 PROPOSED REVISION Make the 8' obscuring wall require for junk yards subject to 64.300 Subd 4. , ' (1) Sub 'ect to 64.300 Subd 4, junk yards, provided such are entire y enclosed within a building or within an eight foot obscuring wall, and provided " further than one property line abuts a railroad right of way. There shall be no outdoor burning on the site; all industrial processes involving equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building. There shall be no stacking of material above the height of the wall, except that movable equipment used on the site may exceed the wall height. DISCUSSION A� -- See previous discussion under I-1 and I-2 relative to fencing. 1.11 SEC�fION 62.102 NONCONFORMING LOTS, USES, AND STRUCTURES Add provision which states that when the Planning Commission permits a change in the nonconforming use that the use and structure is thereafter changed to a more restrictive classificatian. (5) to be con- sistent with (3) - existing nonconforming lots, uses and structures. -8- ._ � . - . �'�8512 (5) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 365 days, the structure; or structure � 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, pursuant to a public hearing, finds that the structure, or structure and land in combination, cannot reasonably or economically be used for a conforming purpose, that the proposed use is equally appropriate or more appropriate to the district than the previous nonconforming use, and that the proposed use is consistent with the health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. Where a nonconformin use of a structure, land or structure and and in com �nation is hereaf ter c an ed to a more restrictive c assification it shal not thereafter be chan ed b the lannin commission to a ess restrictive c assification under this clause. Decisions of the P annin ommission under this section sha be fina subject to appea to the board of zoning appeals � in accordance with Section 64.203. DISCUSSION This deletion seems to have been an oversight in the drafting of the 1975 Ordinance since all buildings which undergo a change of nonconforming use should have the same restrictions placed on them. Include existing residential structures in an I-1 District as "not non-conforming". (7) In any OS-1, 6-1, B-2, B-3 and I-1 District existing residential uses shall not be nonconforming as to use of structure and land and may be structurally enlarged, extended, reconstructed, or altered provided no additional dwelling units are added on the lot, and provided that the minimum requirements of the R-4 District are met. DISCUSSION �! Residential use was perrriitted in the I-1 until 1975. Situations of hardship have been created because of the exclusion of I-1 residences from the non-conforming section. -9- , . - - • ' 2.12 SECTION 62.113 SIMILAR USES PROPOSED REVISION Set standards for determinations of similar use by the Planning Commission. When a s ecific use is not listed in a district, the P anning Commission shal determine if a use is similT:r - to other uses permitted in each district. The Plannin Commission shall make the followin findin s in determining one use is simi ar to another: � That the use is similar in character to one or more of the principal uses permitted. � That the traffic generated on such use is similar to one or more of the principal uses permitted. � That the use is not first permitted in a less restrictive zoning district. (4) That the use is consistent with the Comprehensive Plan. DISCUSSION These standards reflect general policies which have guided the Planning Commission in determinations of . similar use. 2.13 SECTION 64.101 ZONING ADMINISTRATOR PROPOSED REVISION Change Zoning Administrator's duty with regard to non-conforming uses. The Zoning Administrator shall �ec��-1-1-�►orr-e�rrf�i�rg- , �,rse��i�t i-r►g�rt-t-r►��ef#-ec-�i-v��t�-o-f--t-h-i-�� d e t e rm i n e whether lots structures, or uses are le all non- conforming by consu ting building records, city directories, and other pertinent evidence for the purpose of carrying out the provisions of Section 62.102. � DISCUSSION This changes an impossible task to a practical one. -10- } .- � : . , , _ �"�8512 2. 4 SECTION 6 .20 JURISDICTION Board of Zoning Appeals PROPOSED REVISION Correct paragraph to include actions of the Board of Zoning Appeals. Time limit, No order of the Board of Zoning Appeals or the City Council permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding with terms of such permit unless the Board of Zoninq Appeals or the City Council grants an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may dec�de �to hold a public hearing. DISCUSSION This was an apparent proofreading omission when the 1975 Zoning Ordinance was written since this time restriction comes under the heading of Board of Zoning Appeals. 2.15 SECTION 107.03 ZONING COMMITTEE (ADMINISTRATIVE CODE) PROPOSED REVISION Redraft code to eliminate duplicate hearings. ��e-eer�ri��ee-s�aa�-s�t��-��-��^apose�-�a�e+�dfne��5 te-ti�e-zoning-ord�nanc�;-sha��-npon-prep�t^-netiflcat�on co�daet-pa b��e-�e�ar�1�gs-�her�eer�;-�a��-si�a-��-r^ep�r�t ��s-f�r�dlr�gs-a+�d-reesmme�da�le�s-�e-�he-��a+�+��flg-£emm�ss��: The committee shall , upon proper notification, conduct public hearinqs on district boundary amendments and the various types of zoninq applications that are �duties of the Planning Commission. The corr�nittee shall also study and, upon proper notification, conduct public hearinqs on proposed amendments to the text of the code, unless a proposed amendment is assigned to another committee of the Planninq Commission. The zoninq corr�nittee shall not be required to conduct public hearinqs on proposed text amendments or 40- acre studies if the Planninq Commission holds hearings on such amendments. DISCUSSION ^ This change eliminates duplicate public hearing on text amendments and 40-acre studies� -11- ; , _ S .��'., `l ��y.' , _ +�. \ 'r ; l -� � �S ^,t t�' � �.� � � :4 $ , k :� �� j � �.(� � d 2 F �� .� . � �J �/. �' . . . . . , . . . { Y i �� 'h,. , .�z � . � . ' .\ . . • _ ' . � . . Y i"�'3�-3 1 .F . . . � . � . � �� . . .j .. . . . . � - . 3 X�� y f��. F � �s� r ,E ' . . � . . , . _ ... � ' . . � . �i `H'' .. . � � . . � . � . . . � � ..�'�?�� _ _. , � � ` 1 �r`�� . . . .. ; : . . .. � : .,� s 5 - � � i� , -,a �q,x �:,'� i,. . .- � . .. � . � .. - . . ... . . : . ^. , . . r ,� .:�? �C/�� , . � . . . . - . � . � � . . . . � � . - � ''f'i �`ie , � � ' � . . . . . _'�- . . . . � � ��.{+� :t€ . . . . . . , . � . . ;� � � '- j„ � • �,�,�k�°� � . ,, , . , ��, _ ,, .�. , _ " ; . . �?�°! �� , . � �:'.� ��,-,, . . t � ' . . �� . . 1 ! 4 . . . . . . . . . . . . . � �� t . � . . � . . • . ..y � . � . . � - .�� A rt . 4+L�"� . . . � . . / • - ♦ � � .. fl ; . � � ' • . � � - ,�Y ^�Y ; � k ` ,�_. , N1�1.'Cb �.=.r 1'� � ��,�� _ `� "L � t . , � ' ' ��:r�'� , : , �;..:, MT. � 3traY'lo , , " a,� �, e � • ,� ,. City Attor�ey. V a � Roos+ 6k7, City•H�1:; � - i: � '�� . . � . . . � . � . . . . � � . � � � . . � ... �`$ �q� � .,Dlat' Sii"t _ " ' i � ` ' � , � '. T'!�t City Couancil requsata t�'� you p�epar� the prcfper s�rdi»e►nce � �� ,implr+�eent3ng tbe rrQOmaa�a�tt�,c.x� o�' t.�t Pla�tiitsg Co�is��ain for '�' s�8 � ��8es '�ro8srdia8 r�d�liaatioa of S�ra�ta �sd ot,1�r :� � � .:�° � 9 .cbaa�� as lia�+�d �n tlw Pl�mning Cc�eois�rioa r+s�s�ati+r�q,,: ' ` : t.� : , ; , . _ � , , V�:'Y '��Y Y�/, - fi� ;� '' �, +, � � '� . . - , '>� , ��» � ' . , , i ""v '� , . '� : . ' Al.bert H. oison . x r �` . • Ci�y Cler� '.; �� ' , , , � Att�i�ah. _ � , � .. . � � . . � . . . . , .. . .. . . . . .`v ' . � . . . . �. ' r . . . � . ' . ';i ' ABO a3.a � � , ; ., �� . , , , . . ,, . . _ � �, , . . , , . � a , . ' , • . . , � .; � ' }> ;. � � ' . ' ' , . �.'4�.ti' '� " � . . ' . . .. � , . , - . � � . . . � *;i . 1 . . . .. . ' " ':a ' . . �. . � . . . � . � , . . . � � � � � . . . � � . . � � ' � . , . , , � . . Y. i " . ,. . . .. � . . ' - � 1 . . . . . . . ":F. . ' . , . . ' . , M . . , . � - . , . ' . . _ i . ' . . � � . . . ` , � i'f \:. . r� ` C=�u�12. � ;��'<<*�� • CIZ`Y OF' SAINT PAUL ��-. �a �"� � OFFICE OF THE MAYOR �� liiii�l li��+ �'� .+ ,��i `4y�� ` 347 CITY HALL SAINT PALJL, MINNESOTA 55102 GEORGE LATIMER (612) 298-4323 bfAYOR March 1 , 1982 Council President Ruby Hunt and Members of the C7ty Council c/o City Clerk Room 386 City Hall Saint Paul , Minnesota 55]02 Dear Council Members: On February 26, 1982, the Planning Commission, on a vote of 17-0, unanimously approved a resolution recorr�nending a number of amenc�nents to the City's Zoning Code. The Zoning Code requires periodic updates of the text. The proposed amendments reflect over five years experience in interpreting the Code and are intended to clarify its intent and to simplify its administration. These amendments inc1ude a redefinition of streets, consistent with the Comprehensive Plan; inclusian as principal uses those similar uses approved by the Planning Commission; authorization for the Planning Commission to modify certain special conditions in the I-1 and I-2 zones; standardization of requirements for non= conformino uses; establishment of standards for determination of similar use; and a time limitation on decisions of the Board of Zoning Appeals. District councils have had an opportunity to review and to comment on the changes. A public hearing was held before the Zoninq Committee of the Planning Commission. I am transmitting these Zoning Code amencOnents at the request of the Plannina Canmission with my recommendation for your review and approval . Sincere : w eo e L mer Ma o attachments ; �C� . � ��5,� . . . . city of saint paul � plan�ing eommission resolutio� � file number � date _ . t�IHEREAS, Chapter 60 of the Saint Paul Legislative Code provides for updating the Zoning Code; and� � . WHER�AS, the Current Planning Comnittee of the Planninq Commission reviewed the suggested ordinance amendments on February 18, 1982, and recomnended them to the Plannin4 Comnission for approval ; and � 'rJHEREAS, pursuant to Minnesota Statutes 462.257(5) the Plannino Commission did hold a public hearing on the proposed amendments at its revular meeting on February 26, 1982; � � WNEREAS, the Planninq Commission has determined 1 . That �he number of real estate descriptions affected by the � ordinance renders the obtaining of written consents impractical ; ` 2. That a survey of an area in excess of 40 acres has been made; 3. That a determination has .been made that the amendments to this ordinance proposed are related to the overall needs of the community, to existing land use and to a plan for future land � use, and � 4. That pursuant to State Statutes praper notice of the hearing has been given in the Pioneer Press and Dispatch on February 5, � February 12, and February 19, 1982; N041, THEREFORE, BE IT RESOLVED, tha� the Planning Commission recomnends approval of the zoning code text amendments attached hereto as proposed . and directs the Planning Administrator to forward the amendments and this resolution to the Mayor and City Council for their review and action. m��/e� by Br�n J�'��ed by Levy in favor 17 against_�°___ � . a��,� D D D � D D ZONING TEXT CHANGES TEXT UPDATE AMENDMENTS I ANALYSIS � i � l. What do the proposed amendments do? The amend- ments update the 1975 Ordinance: I - Redefine Streets to be consistent with Comprehensive Plan - Include as principal uses permitted those similar uses approved by the Planning Commission , - Give the Planning Commission authority to modify sorr� special conditions in the I-1 and I-2 zones - - Make requirements for vacant non-conforming structures consistent with those in continuous use - Include as "not non-conforming" existing residences in I-1 zones - Set standards for determinations of similar use - Limit to one year, actions of the Board of Zoning Appeals and the Planning Commission, with provision for a one year extension. 2. Who initiated the amendments? The Planning Commission 3. Are changes timely? Yes. The Ordinance r�andates updates of the text. 4. What problems will be solved by the changes? The changes should simplify administration of the Ordinance. 5. What problems might the changes create? None. The changes are based on five years of experience in interpreting and administering the Ordinance. DIVISION OF PLANNING • DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT • CITY OF SAINT PAUL CITY HALL ANNEX • 25 WEST FOURTH STREET, SAINT PAUL, MINNESOTA 55102 • TELEPHONE:612-298•4151 � _ . , . � • .' NOTICE OF PUBLIC HEARING The City Planning Commission of St. Paul has initiated proceedings relative to the amendment of Chapter 60 St. Paul Legislative Code, i .e. , Zoning. Specific texts of the proposed ordinance are on file in the Zoning Section of the City Planning Division, located at the City Hall Annex, 25 West Fourth Street, llth floor, and may be vieN�ed there upon request. The Planninq Commission has fixed the 26th day of February, 1981, at 9:00 in the morning, in the City Hall Annex Auditorium, 15th floor, 25 West Fourth Street; and at said time and place the P1anning Commission will hear all objections and recommendations relative to said amendments . THnMAS P. FITZGIBBON Chairman City Planning Corrnnission of St. Paul � . . ��3i�- TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 PURPOSE AND SCOPE 1 1.3 METHODOLOGY 1 2.0 PROPOSED REVISIONS 2 2.1 PROPOSED REVISION: DEFINITIONS � 2 2.2 PROPOSED REVISION: PERMITTED USES IN THE OS-1 3 ZONE 2.3 PROPOSED REVISION: SPECIAL CONDITION USES IN 4 THE OS-1 ZONE 2.4 PROPOSED REVISION: PERMITTED USES IN THE B-1 5 ZONE 2.5 PROPOSED REVISION: SPECIAL CONDITION USES IN 5 THE B-2 ZONE 2.6 PROPOSED REVISIOPd: PERMITTED USES IN THE I-1 6 ZONE • 2.7 PROPOSED REVISION: REQUIREO CONDITIONS IN THE 6 I-1 ZONE 2.8 PROPOSED REVISION: PRINCIPAL USES PERMITTED IN 7 I-2 ZONE 2.9 PROPOSED REVISION: REQUIRED CONDITIONS IN THE 7 I-2 ZONE 2.10 PROPOSED REVISION: SPECIAL CONDITIONS IN THE 8 I-2 ZONE 2.11 PROPOSED REVISION: NON—CONFORMING LOTS, USES, 8 AND STRUCTURES 2.12 PROPOSED REVISION: SIMILAR USES 10 2.13 PROPOSED REVISION: ZONING ADMINISTRATOR 10 2.14 PROPOSED REVISION: JURISDICTION BOARD OF ZONING 11 APPEALS) 2.15 PROPOSED REVISION: ADMINISTRATIVE CODE 11 . �7�� 1.0 INTRODUCTION 1. BACKGROUND Zoning Ordinances are living regulations, intended to be changed to reflect current interpretations, technologies and City policy. St. Paul 's ordinance is now more than five years old and is in need of updating. .2 PURPOSE AND SCOPE The changes are basically a potpourri of "house cleaning" items proposed to simplify application of the ordinance. They range in scope from definitions to standards for granting determinations of similar use to new uses such as recycling centers. 1.3 METHODOLOGY The report presents a brief description of the type of amendment proposed, proposed language, and a discussiori of the reasar� for the proposed change. Language to be deleted is dashed through; new language is underlined. _��_ , 2.0 PROPOS�D REVISIONS 2. SECTION 60.213 DEFINITION PROPOSED REVISION Change the definition of Major Thoroughfare to be consistent with the Comprehensive Plan. M Major thoroughfare. /�n-er�erfia}-g�wee�-wbfiel�-}s-}��e��ed to-serve-as-a-}arge-da}ar�e-�wa��}eway-�ew-�e��-�k�e- TmmedTate-manfefipa}-area-a��-�I�e-weg}e�-�e,�ep�s-a�� Ts-desrgna�ed-as-a-�a�ew-�I�ewe�gl��a�e;-�a�i�way;-��eewa�s expressway;-ee}}ee�ew;-ew-eQ��a�e��-�e�r�-}�-��e master-p}ert-te-3den�3fy-�I�e�e-s�wee��-ee�q�}s}�g-��e basTC-strae�are-ef-�I�e-�}a�-€e�-��e�eb�b€a�es� 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: Principal Arterial : A street serving the �entire metropolitan area and designed for �hiqh volume, hiqh speed traffic, accessible only from entrance and exit ramps; principal �arterials are often referred to as freeways. Intermediate Arterial : A street connecting subreqions and communities and designed to carry medium distance trips at high speeds; ideally direct access should be at major activity centers such as shoppinq centers. Minor Arterial : A street connectinq adjacent �subreqions and communities within the same subregion and desiqned to carry medium distance trips at moderate speeds; many of these streets are characterized by adjacent residential uses. -2- - ��.si� S Street, Collector: A street connecting neighborhoods within the same communities and designed to carry traffic from local streets to the arterial system. Street, Local : A street connecting blocks within ne�hborhoods and designed for short trips at low s eeds. DISCUSSION Consistent definitions should aid in tests of compliance with Comprehensive Plan. ?.2 SECTION 60.512 PERMITTED USES IN THE OS-1 ZONE PROPOSED REVISION Add artists ' studios and duplicating, adding and steno services. (3) Professional offices such as, but not limited to, medical offices, including clinics and laboratoriPS, ; offices of engineers, architects, accountants; auditing, bookkeeping, legal, duplicating, and steno services; studios of artists. DISCUSSION The Planning Commission has determined that artist studios and steno services are equal in impact with other permitted uses. 2.3 SECTION 60.513 SPECIAL CONDITION USES IN THE OS-1 ZONE PROPOSEO REVISION Delete paragraph "C (1,2,3)" in its entirety, which refers to additional uses permitted in this district when they are found to meet certain requirements. �3�-Adda ta o�aa-�ses-s�aa a-be-pe�r�i��e�-a�-#�a�-8a 3��a s� wqe�-#he�-a�e-�o��d-te-�nee�-aa a-o#-��e-#ea a ewa�� =eq�a�euie�ts. �a�-&eaa�e�-a��-x�ease�aaba�-+�eEessa��-o�-Ee��ve+aa e�� €e�-t�e-satas�aste��-a�d-e#�asaeqt-e�e�a�ao� e�-a-se��ae�e-a��-a��eg�a�e�-o�€ase-�e��se- da��aE�. ��-�a�a a a�-a x�-E�a�as�e�-te-o�e-e�=-�e�e-o�-��e px�a�sa�aa-�ses-�e�au�te�, �s�-9�-��e-Eqa�aEte�-o�-a-�e��epaa-o�-a�r�a�a��a�a�e- se��ase-+�a��e�-��a�-e�-a-xe�aa�-�as�s, ��-A�-s�E�-E�a�aste�-t�a�-t�e-�ve�as�a a+=-t�=a��a s ge�e�ate�-��-s�s�-��se-as-sa��aa�-te-epe-e� caere-e�-tqe-abeye-Pe�ma�ted-��ses-a��-x�a�- it-clees-�et-x�eq�a�e-��eq�e�t-s�e�t-�e��-s�e�s- b�-�re�asae�-a�-a-�atte�p-s3r��a a�-te-a-+�e�aaa- se�xue�s�aa-e�taba�s�rne��. (Code 1956, as amended, 560.473. ) DISCUSSION � l�his paragraph is more appropriat� a� criteria in the determination of similar• use section (62.114) than in the OS-1 zone. -4- - �%�.S/� 2.4 SECTION 60.522 PERMITTED USES IN THE 6-1 ZONE PROPOSED REVISION Add dance schools to personal services establishments. (2) Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe, etc. ), tailor shops, beauty parlors or barber shops, photographic studios, self-service laundries and dry cleaners, and dance schools. DISCUSSION Dance schools were determined by Planning Comnission to be similar in nature to other B-1 uses. 2.5 SECTION 60.534 SPECIAL CONDITION USES IN THE 6-2 ZONE PROPOSED REVISION Add racquet ball courts and dance halls to the list of indoor commercial recreational uses. (3) Subject to provisions of Section 64.300, Sub-division 4, bowling alley; billiard hall , indoor archery range; indoor tennis, racquet ball and handball court ; indoor skating rink, dance hall ,electronic game roor�, and other forms of in door cor�mercial recreational use. DISCUSSION ' ! � Racquetball courts, dance halls, and electronic gameroorrs are determined to be similar t� other indoor commercial recreation uses by the Planning Commission. -5- 2.�; �ECTION 60.612 PERMITTED USES IN THE I-1 ZONE '-��OPOSED REVISION Add recycling centers, rental storaqe facilities, and taxi companies. (18) Recycling centers. (19) Rental storaqe facilities. (20) Taxi companies, both dispatchinq offices and stora e Renumber (18)-(20) as � (21) Other uses similar to the above uses. (22) Mission type uses. (23) Accessory buildings, structures, and uses. DISCUSSION Recycling centers and rental storage facilities are requesting suitable zoning locations throughout the city; taxi companies are included at the direction of City Council . The I-1 is the most appropriate in terms of use and traffic and noise generated. 2. 7 SEC7ION 60.613 REQUIRED CONDITIONS IN THE I-1 ZONE PROPOSED REVISION Make "outdoor storage areas shall be fenced or walled and not closer than 300' to a residential district" subject to Section 64.300 Subd. 4. (3) Subject to Section 64.300 Subd 4, out door storage areas shall be fenced or walled. On those sides of the district abutting a public thoroughf are or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet. Outdoor storage excepting new auto- mobile storage shall not be closer than 300' to any residential district. DISCUSSION Topography sometimes renders the 6' obscuring fence obsolete. Also, many industrial sites are within 300' of residential districts but due to topography are quite isolated from them. This change would allow the Planning Comnission to modify those two requirements. -6- �, T �� 2.8 SEi;TION 60.622 PRINCIPAL USES PERMITTED IN THE I-2 Make cumulative uses more restrictive. (1) Any uses first permitted in the I-1 District and "principal uses permitted subject to special conditions" providing that they meet at least the minimum conditions imposed in each district. DISCUSSION Without the clarifying language, I-1 Special Condition Uses become permitted uses in the I-2 without any conditions attached. This language is consistent with the B-3 cumulative uses. 2.9 SECTION 60.623 REQUIRED CONDITIONS IN THE I-2 PROPOSED REVISION Make outdoor storage fencing and distance from residential district subject to 64.300 Subd 4, Planning Commission modification. (2) Subject to Section 64.300 Subd 4, outdoor storage may be permitted, but shall be fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six fieet, except where unusual topographic conditions render the effect of fencing useless. Outdoor storage shall not be closer than 300 feet to any r•esidential district. DISCUSSION � See previous discussior� under I-1. (Section 2.7 of this report). -7- 7 � 2. '0 SECTION 60.624 SPECIAL CONDITION USES IN THE I-2 �'ROPOSED REVISION Make the 8' obscuring wall require for junk yards subject to 64.300 Subd 4. (1) Sub 'ect to 64.300 Subd 4, junk yards, provided such are entire y enclosed within a building or within an eight foot obscuring wall, and provided further than one property line abuts a railroad right of way. There shall be no outdoor burning on the site; all industrial processes involving equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building. There shall be no stacking of material above the height of the wall, except that movable equipment used on the site may exceed the wall height. DISCUSSION ` See previous discussion under I-1 and I-2 relative to fencing. ;�. 11 SEClION 62.102 �i NONCONFORMING LOTS, USES, AND STRUCTURES Add provision which states that when the Planning Commission permits a change in the nonconforming use that the use and structure is thereafter changed to a more restrictive classification. (5) to be con- sistent with (3) - existing nonconforming lots, uses and structures. -8- �_ � � �� '�-,a (5) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 365 days, the structure; or structure 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, pursuant to a public hearing, finds that the structure, or structure and land in combination, cannot reasonably or economically be used for a conforming purpose, that the proposed use is equally_appropriate or more appropriate to the district than the previous nonconforming use, and that the proposed use is consistent with the health, safety, morals, and general welfare of the corr�nunity and is consistent with the reasonable use and enjoyment of adjacent property. Where a nonconformin use of a structure, land or structure and and in combination is hereafter chan ed to a more restrictive classification, it shal not thereafter be chan ed b the lannin commission to a ess restrictive c assification under this clause. Decisions of the P annin ommission under this section shal be final subject to appea to the board of zoning appeals � in accordance with Section 64.203. DISCUSSION This deletion seems to have been an oversight in the drafting of the 1975 Ordinance since all buildings which undergo a change of nonconforming use should have the same restrictions placed on them. Include existing residential structures in an I-1 District as "not non-conforming". (7) In any OS-1, B-1, B-2, 6-3 and I-I Oistrict existing residential uses shall not be nonconforming as to use of structure and land and may be structurally enlarged, extended, reconstructed, or altered provided no additional dwelling units are added on the lot, and provided that the minimum requirements of the R-4 District are met. DISCUSSION � � Residential use was perniitted in the I-1 until 1975. Situations of hardship hav� been created because ofi the exclusion of I-1 residences from the non-conforming section. -9- � � � 2.12 SECTION 62.113 SIMILAR USES PROPOSED REVISION Set standards for determinations of similar use by the Planning Corrrnission. When a s ecific use is not listed in a district, the P anning Commission shall determine if a use is similr:r to other uses permitted in each district. The Planninq Commission shall make the following findings in determining one use is similar to another: � That the use is similar in character to one or more of the principal uses permitted. � That the traffic generated on such use is similar to one or more of the principal uses permitted. � That the use is not first permitted in a less restrictive zoning district. (4) That the use is consistent with the Comprehensive Plan. DISCUSSION These standards reflect general policies which have guided the Planning Commission in determinations of similar use. 2.13 SECTION 64.101 ZONING ADMINISTRATOR PROPOSED REVISION Change Zoning Administrator's duty with regard to non-conforming uses. The Zoning Administrator shall -r�ec�rd-�-1-1-�orr-e�rrf�ri�►g �,fye��-i-�t i�g��t��-e�#�ec-t i1r��a-t��of-�-�ri-s-�� d e t e rm i n e whether lots, structures, or uses are legally non- conforming by consultinq building records, city directories, and other pertinent evidence for the purpose of carrying out the provisions of Section 62.102. • DISCUSSION ` � This changes an impossible task to a practical one. -10- � � T �`7�'.��a 2. SECTION 64.209 JURISDICTION Board of Zoning Appeals PROPOSED REVISION Correct paragraph to include actions of the Board of Zoning Appeals. Time limit, No order of the Board of Zoning Appeals or the City Council permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding with terms of such permit unless the Board of Zoninq Appeals or the City Council grants an extension not to exceed one year. In granting such extension, the Board of Zoninq Appeals may decide to hold a public hearing. DISCUSSION This was an apparent proofreading omission when the 1975 Zoning Ordinance was written since this time restriction comes under the heading of Board of Zoning Appeals. 2.15 SECTION 107.03 ZONING COMMITTEE (ADMINISTRATIVE CODE) PROPOSED REVISION Redraft code to eliminate duplicate hearings. ��e-Eertr��ee-s�aa a-s�ta��-�a�-��^epose�-�me+�dme��5 to-ti��-ioning-ord�nance;-st�n��-npon-preper-neti f1 cation ca�dact-pa b��i e-fiea�^1 r�gs-�her�ee�;-�and-s�+�a��-rep�r�� i ts-�f�nd1 r�gs-ar�d-reeemme��e�s-�e-�he-�-i ar��flg-£emm�ss�e�: The committee shall, upon proper notification, conduct public hearinqs on district boundary amendments and the various types of zoning applications that are duties of the Planninq Comnission. The committee shall also study and, upon proper notification, conduct public hearinqs on proposed amendments to the text of the code, unless a proposed amendment is assigned to another committee of the Planninq Commission. The zoninq corr�nittee shall not be required to conduct public hearinqs on proposed text amendments or 40- acre studies if the Planninq Commission holds hearings on such amendments. DISCUSSION This change eliminates duplicate public hearing on text amendments and 40-acre studies. -11- • �. `1 c�`-' �.2 ' .�tTTO' , � CITY OF SAINT PAUL �• ; e � OFFICE OF THE CITY ATTORNEY � �ii°i i�ri � +. „� EDWARD P. STARR, CITY ATTORNEY +... 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR April 16, 1982 T0: Donna McNeally , FROM: Betty Lassen., R�: Zoning Code Amendments Pursuant to our telephone conversation earlier this week, I reviewed the zoning code amendments currently before the council and up for final adoption next Tuesday. One of those proposed ordinances, designated Council File No. 278512 (copy enclosed) omits some material contained in the original code. I have retyped two pa es to restore that material and revised one other section �60.512(3) on . page 2) . Jerry Segal has also seen this copy. � If you concur, would you ask Councilman Levine to present these amendments on Tuesday`? The ordinance would then, of course, be laid over a week before final adoption. I have alerted the Clerk' s office that an amendment may be presented on Tuesday. bl Enc. : C.F. 278512 Reviged pp. 2 and 6. ec: Jerry Segal O � . � � � � s I�--- Page 2. Intermediate Arterial: A street connectin� subregions and communities and desi�ned to carry medium distance trips at high speeds; ideally direct access should be at major activity centers such as shoppin� centers. Minor Arterial: A street connecting adjacent subregions and communities within the same subre�ion and desi�ned to carry medium distance trips at moderate speeds; many of these streets are characterized by ad�jacent residential uses. " Section 2. That Section 60.219 of the Legislative Code be amended so as to add the following thereto: "Street, Collector: A street connecting nei�hbonc�ods within the same communities and designed to carry traffic from local streets to the arterial system. Street, Local: A street connecting blocks within neighborhoods and designed for short trips at low speeds. " , Section 3. That Section 60. 512 (3) of the Legislative Code be amended to read as follows: " (3) Professional offices such as, but . not limited- to3_ medical o.ffices, including clinics and medical laboratories-�; offices of engineers , architects, and accountantsTi auditing, bookkeeping, a�� legal, duplicatin�, and steno service offices; and s' udios of artists. - �� . �`Z �� S �"" � , r� Page 6. (9) The manufacture and repair of electrical or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like. (10) Laboratories carrying on experimental and testing processes. (11) Electric and gas service building and yards' Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. Water supply plants. Railroad and terminal freight facilities, transfer and storage tracks. (12) Lumber yards. (13) Storage of contractor' s equipment and supplies. (14) Automobile service stations and repair facili- ties including undercoating, and body bumping and painting. (15) Municipal public works yards and facilities. (16) Greenhouses, industrial. (17) Trade or industrial schools. (18) Recyclin� centers. (19) Rental stora�e facilities. �20) Taxi companies, both dispatchin� offices and stora�e. 21 Other uses similar to the above uses. See Appendix A to Zoning Code. �-" ,��_____.____----�-�..r.._ _ _. ---_ - 22 Mission type uses. 23 Accessory buildings structures, and uses customarilv incident to any of the above permitted uses. ---_ _ ___ ____- " . � �`�'R512 Page 2. ;� .. Intermediate Ar erial: A street connecting subre ions and commun" tie and desi ed to carr me ium istance tri s t i s ee s • i ea irect access s ou e' at ma or activit centers suc as s opping centers"�, � Minor Arterial: A st eet connectin ad'acent subre ions an communities it in t e same su re ion an esi e to carr me i istance tri s at mo erate s ee s • ma.n o t e streets are c aracter- ize y a �acent resi entia tt�ses. ` , Section 2�i � That Section 60. 219 of the Legisl�tive Code be amended so as to add the following thereto: � , \ "Street Collector: A street c nnectin nei hbor oo s wit in t e same communities an desi ed to carr tra ic rom oca streets t t e arteria system. Street Local: A street connectin blocks within nei hborhoods and esi ed or s rt tri s at ow speeds. ', Section 3. �1 ti That Section 60.512(3) of the Legislative Co�le be amended to read as follows : � "(3) Professional offices such as, but n limited to, medical offices, including clinics a d laboratories, offices of engineers, architects, accountants, auditing, bookkeeping, legal, dup1�_ cating, and steno services, studios of artists. ' . ' ' ,�,�'��'�,,`r,�,, Page 6. , (9) Th� manufacture and repair of electrical or neon sign�,, light sheet metal products, includ- ing heating ai�d ventilating equipment , cornices, eaves and the �ike. (10) La.borat�.ries carrying on experimental and testing processes:, (11) Electric ar��. gas service building and yards. Public utility build��gs, telephone exchange buildings, electrical transforme�,, stations and substations, and gas regulator stations:, Water Supply plants. Railroad and terminal freight fac�lities, transfer and storage tracks. (12) Lumber yards. (13) Storage of contract��r' s equipment and supplies. (14) Automobile service st�tions and repair facili- ties including undercoating, ani� body bumping and painting. (15) Municipal public works y�,rds and facilities. �, (16) Greenhouses, industrial. ' .� (17) Trade or industrial schools.'� i, (18) Recycling centers. � (19) Rental storage facilities. �'�� (20) Taxi companies, both dispatching �ffices and storage. (21) Other uses similar to the above uses� � �22) Mission type uses. 23 Accessor buildin s structures and use . 1 „� 1 �- �'? `? ;�,�� ' _ N017Ci OF?II�IdC HEAtIN�i � Notla h Eeieb��ivm tdt a publlc�aario�- wi11 De hdd bdme the qt�Camdl m tEe� 1�da7 a�AP�'l1.19a!�t 10.00 o'elock A.11.!n; �e t Paal pt�_Cmmdl Chambe:s,Qt�.i all�nd Court Haue,St P�u1.l[InmsMa W.; emsidv pJOyowd�mmdmmb to the Saint.• P�ul Zonins Ord7aanx,Ch�Dtaa dD64 oi the Saiut Paul Lepslative Code u thp rd�te to, 7adI0�tlINILIOL�G�f,7!dl�LIOO OS� ft1!l1t. COOill�mt iltL ZL!C�7lb!litlY! P1ac:lndu�oa as prindpal uxs thae similar': uses apprwed'b�the PLnnin�Commisdon; authoriatlm tor the P1annlog Commysion W ' modif9 certafn specl�l cmdidma in t6e I-I �nd I-Y zoaa:standardiratiam of requiremmts t tor nmcmformins uua; eatabllshmmt of . ttandards for detaminatlon of similar uae; and a time limttatlm m dec[sjms of !6e � Bwrd of Zonin�Apysls,At ufd ttme and � pLtt tEe Counctl will hnr all De�sons rn]aUve to tIIis propwal Dated 11uc6 31,1�'1. Albert B.OlsoO City Clerk ' �P�9.7%Y) WHITE - 'CITY CLERK r1 PINK - FINANCE C�Y11ClI �./ �� CA:IdRV - DEPARTMENT G I TY O F SA I NT PA LI L � �'�� BLUE - MAYOR F1IQ NO. dnce ��N o. � �� Presented By • Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to Zoning THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Section 60. 213 of the Legislative Code be amended so as to read as follows: "60. 213. Major thoroughfare. . Aa-a��e��a� e�ree�-Nk�ek-�8-�n�eaded-�e-ser�*e-ae-s-�arge ve�tsRte-�ra€�3eMa}r-�er-be�k-tke-��ed�n�e-txxa�e�- ga�-area-and-�ke-reg�en-beyead;-arid-�8-dee�g�a�ed ae-s-e�ajer-�l�e�et�gl�€are;-gark�a�;-€�eeFray; e��eBeWay;-ee��ee�ar;-er-eqt��da�en�-�er�x-��►-�l�e �ae�e�-g�ex-�e-��e��-�keae-e��ee�s-ee�p��e�as �l�e-bae�e-e��xe�x�e-e�-�l�e-p�a�-�e�-�l�e�et�gl��a�ea: An arterial street which is intended to serve lar e vo umes o tra ic or ot t e munici a area an t e re ion e on an s a inc u e t e o owin as e ine in t e Compre ensive P an: Princi al Arterial: A street servin the entire metro o itan area an esi e or i vo ume i s eed tra ic accessi e on rom entrance and exit ram s• rinci a arteria s are o ten re erre to as reeways. COUNCILMEN Requested by Department of: Yeas Nays Hunt �°'"e In Favor Maddox McMahon sno�iter Against By Tedesco �ison ' Form Approv y City Atto ey Adopted by Council: Date Certified Passed by Council Secretary By By Approved by Mayor: Date Approved by Mayor for Submission to Council By By � 7 � ��/ �--- Page 2. Intermediate Arterial : A street connectin� ' subre�ions and communities and desi�ned to carry medium distance trips at hi�h speeds; ideally direct access should be at ma,�or activit,y centers such as shoppin� centers. Minor Arterial: A street connecting ad,jacent subre ions and communities within the same subre;�ion and desi�ned to carry medium distance trips at moderate speeds; many of these streets are characterized by adjacent residential uses. " Section 2. That Section 60.219 of the Legislative Code be amended so as to add the following thereto: "Street, Collector: A street connecting nei�hborhoods within the same communities and designed to carr_y traffic from local streets to the arterial system. Street, Local• A street connectin� blocks � within nei�hborhoods and desi�ned for short trips at low speeds. " . . Section 3. That Section 60.512 (3) of the Legislative Code be amended to read as follows: �� (3) Professional offices such as, but �. not limited� toTT medical offices, including clinics and medical laboratoriesT; offices of engineers , architects, and accountantssi auditing, bookkeeping, a�d legal, du licating„Z and steno service offices; and s udios of artists. � �, y�-g�.. . � ' ` �"��5�.� Page 3. Section 4. That Section 60.513 of the Legislative Code be amended to read as follows : "60. 513. Principal uses permitted subject to special conditions . The f ollowing additional uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject to the review and approval of the planning commission: (1) Personal service establishments which perform services on the premises, such as beauty parlors , barber shops, and photographic studios. ( 2) Telephone exchange buildings and sewage pumping stations , but not including storage yards, transformer stations , substations , or gas regulator stations . E33-Add��ena�-xse9-sl�a��-be-pe�fx��ed-�x-��a ��s�r�e�-�l�ea-�l�e�-are-€exAd-�e-�ee�-a��-e€-�ke �e��a�a�Ag-�eqx�re�ea�s- Ea�-Re�a�ed-a�el-rea9eagb��-xeeeesar�*-er eex�e��eA�-�er-�l�e-9a��8€ae�e��-a�d-e€€�e�e�� egera��ex-e€-s-eex�p�e�e-aAd-�x�egra�ed-e��ee- ee��ee-��s��.e�T �b�-Sirr�i�ar-�n-character-�e-ane-er-�ere e€-�l�e-pr�ne�pa�-t�.ses-per�3��ed:- Ee3-9€-�he-eharae�er-e�-a-persexa�-er adRt�n�9�rnt�r�e-ser�*�ee-ra�her-�kan-en-a-re�ai�-bas�s: Ed�-6f-ench-charac�er-that-�he-�rehien�ar �xa€€�a-genera�ed-b�-9t�ch-tsse-�9-s��ar-�e-e�e-er �are-ef-�he-abobe-perrR��ted-usee-and-�ha�-��-dee9 ' �e�-reqn�re-€reqnen�-sher�-�erxt-9�8�9-bp-dek�e�e9 �n-a-pa��ern-s��ar-�e-a-re�a��-ee�ne�e�a� e9�ab��9hftten�:" L't � �,'."��12 Page 4. Section 5. That Section 60. 522(2) of the Legislative Code be amended to read as follows : � "(2) Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches , radio, television, shoe, etc. ) , tailor shops, beauty parlors or barber shops , photographic studios, self-service laundrie.s and dry cleaners , and dance schools . " Section 6 . That Section 60. 534(3) of the Legislative Code be and is hereby amended to read as follows :_ "(3) Subject to the provisions of Section 64. 300, Subdivision 4, bowling alley, billiard . hall, indoor archery range, indoor tennis courts, rac uet ball and hand ball courts dance hall e ectronic ame room in oor s ating rin , or simi ar orms o in oor commercial recreation when located at least 100 feet from any front, rear, or side yard of any residential lot in an adjacent residential district. Section 7 . That Section 60.612 of the Legislative Code be amended to read as follows : "60.612. Principal uses permitted. In an I-1 Industrial District the use of land, the _ location and erection of new buildings or struc- . tures and the alteration, enlargement, and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses , unless otherwise provided in this code : � � �r�� Page 5. (1) All principal uses permitted in the B-3 Business District except family day care, group family day care, and group day care. .(2) Any research use. (3) Warehousing and wholesale establishments, and trucking facilities . (4) Where retail sales is not the primary function, the manufacture, compounding, processing, packaging, or treatment of such products as, but not limited to: bakery goods , candy, cosmetics, pharma.ceuticals , toiletries, food products , hardware and cutlery, tool, die, gauge, and machine shops . (S) The manufacture, compounding, assembling, or treatment of articles or merchandise from pre- ' viously prepared materials such as , but not limited to: bone, canvas , cellophane, cloth, cork, feathers , felt, fibre, fur, glass , hair, horn, leather, paper, plastic, precious or semi-precious metals or stones, steel, sheetmetal (excluding the process of stam ing large items such as automobile fenders or bodies�, shell, textiles , tobacco, wax, wire, wood (excluding saw and planing mills) , and yarns . (6) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas . (7) The manufacture of musieal instruments, toys, novelties , and metal or rubber stamps, or other molded rubber products. (8) The manufacture or assembly of electrical appliances, electronic instruments and devices , radios and phonographs . _ � 7� � � ^� Page 6. (9) The manufacture and repair of ele�trical or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like. (10) Laboratories carrying on e��perimental and testing processes. (11) Electric and gas service building and yards1 Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. ti'ater supply plants. 8ailroad and terminal freight facilities, transfer a.nd storage tracks. • (12) Lumber yards. (13) Storage of contractor' s equipment and supplies. (14) Automobile service stations and repair facili— ties including undercoating, and body bumping and painting. (15) Municipal public works yards and f acilities. (16) Greenhouses, industrial . (i?) Trade or industrial schools. (18) Recyclin� centers. . (19) Rental storage facilities. �20) Taxi companies, both dispatchin� offices and stora�e. 21 Other uses similar to the above uses. See Appendix A to Zoning Code. ' 22 Mission type uses. 23 Accessory buildings structures, and uses customarily incident to any of the above permitted uses. � -�o-g� . � � � �".78512 Page 7 . Section 8. That Section 60.613(3) of the Legislative Code be amended to read as follows: � "(3) Sub 'ect to Section 64. 300, Subd. 4, outdoor storage areas s a e ence or wa ed. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall be totally obscuring to a height of six feet. Outdoor storage excepting new automobile storage shall not be closer than 300 feet to any residential district." Section 9. That Section 60.622(1) of the Legislative Code be amended to read as follows : "(1) Any uses first permitted in the I-1 District as "principal uses permitted" and "principal uses permitted subject to special conditions" providing that the meet at least the minimum conditions impose in eac district. Section 10. That Section 60.623( 2) of the Legislative Code be amended to read as follows : "(2) Sub'ect to Section 64. 300, Subd. 4, outdoor storage may e permitte , ut s a e fenced or walled. On those sides of the district next abutting a public thoroughfare or any district other than an industrial district, the fence shall _ be totally obscuring to a height of six feet, except where unusual topographic conditions render the effect of fencing useless . Outdoor storage shall not be closer than 300 feet to any residential district. " WHITE - UTY CLERK ��(��•) PINK. � r' FINANCE COUIICIl V rb� CANAR-V - �EPARTMENT G I TY O F SA I N T PA LT L BLIJH - MAYOR File N O. • 2 O r indnce Ordinance N 0. �� /J Presented By Referred To Committee: Date Out of Committee By Date Page 8. Section 11. That Section 60.624(1) of the Legislative Code be amended to read as follows : "(1) Sub'ect to 64.300 Subd. 4 junk yards, provided suc are entire y enc ose within a building or within an eight foot obscuring wall, and provided further that one property line abuts a railroad right of way. T'here shall be no outdoor burning on the site; all industrial processes in- volving equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building. There shall be no stacking of material above the height of the wall, except that movable equi�ment used on the site may exceed the wall height. ' Section 12. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publi�ation. COUIVC[LMEN Requested by Department of: Yeas Nays Hunt � �"'"e [n Favor n�ddoX McMahon sno�ice� �_ Against BY Tedesco �ison //� �,; /"-l��' Form Approv City Atto ney Adopted by Council: Date �� Certified Passed by Council Secretary By By L�— �;,:>'z A.... ��:� Approve y Mayor for Submission to Council Approved by Mayor: Date ,�' gy BY --- _ � ' _ _ _ � // — 1 s t_� � �G� 2nd �7 — � — � � Adopted �� "� 3rd r Nays Yeas LEVINE �DOX ��5�3 McMAHON SHOWALTER � � � �� 1 TIDESCO . WILSON PRESIDENT HUNT __ __ __. _ _ _ _ - - / - - --------- — -._____ _ /!. . , � r