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275722 WHITE '- CITY CLERK PINK - FINANCE � � (�(� CANARY - DEPARTMENT G I TY F SA I NT PAIT L COII[1C1I / �-J J BLUE - MAYOR File N O. � '`��'� � • K�Z/L�/`CG Ordinance N O. � � ��d Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 62 af the Saint Paul Legislative Code pe�taining to Zoning - General Provisions. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That Section 62 .102 (a) of the Legislative Code is amended as follows: 62.102 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES: a. Intent It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses existing on the effective date of this Ordinance or amendment thereto, to continue until they are removed but not to encourage their survival. It is recognized that there exists within the district established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. For the purposes of this section, a use will be pre- sumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to the effective date of this Ordinance, the use was estab- COUNCILMEIV Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon Showalter A gal n s t BY Tedesco �Ison Adopted by Council: Date Form Approved y it tto ey Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Ma r for Submission to Council By BY � ����'���2 demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. Section 2. That Section 62 .108 of the Legislative Code is amended as follows: 62 .108 SITE PLAN REVIEW (ALL DISTRICTS) a. A site plan shall be submitted to the Planning Com- mission for review and approval for the following uses: (1) Principal Uses Permitted Subject to Special Conditions in all districts. (2) Any other use or development for which the sub�nission of a site plan is required by any provision of this Ordinance. (3) Any development, except one-family and two- family residential, but including townhouses, for which off-street parking areas are pro- vided as required in Section 62 .103 Parking Requirements. (4) Any industrial use in an I-1, I-2, or I-3 District abutting a Residence District. (5) Any use which ahuts to a major thoroughfare. (6) All residentially related uses permitted in one-family districts such as, but not limited to: churches, schools, and public facilities. (7) Earth-sheltered structures. 3 . . � ����2� b. Every site plan submitted to the Planning Commission, in accordance with the requirements of this Ordinance shall contain such information and be in such form as the Planning Commission may prescribe in its rules. Said rules may provide for a delegation of authority to the Planning Coordinator of the City of St. Paul of all powers and duties granted to the Planning Commission under SECTION 62 .108, and such rules will be filed with the Office of the City Clerk. No site plan shall be approved until same has been reviewed for compliance with the standards of all applicable ordinances of the City of Saint Paul. c. In reviewing the site plan, the Planning Commission shall consider: (1) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic. (2) The traffic circulation features within the site and location of automobile parking areas, and may make such requirements with respect to any matters as will assure: (a) Safety and convenience of both vehicular and pedestriari traffic both within the site and in relation to access streets. (b) Satisfactory and harmonious relations between the development on the site and the existing and prospective development of abutting land and adjacent neighborhoods. (3) The arrangement of buildings, uses and facilities of the proposed development in order to assure abutting property and/or its occupants will not be unreasonably affected. 4. � • ;����22 (4) The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establish- ment and the continued maintenance of any use to which they are appurtenant. (5) In approving the site plan, the Planning Com- mission may require marginal access drives where such marginal access drives are necessary for safety. d. In reviewing the site plan for earth-sheltered struc- tures, the Planning Commission shall consider (1) Type and location of landscaping to insure maximum compatibility wit ad�acent above grade housing. (2) Proper safeguards for erosion control including, ut not imite to, andscaping an see ing to topsoi . S ope an b u f ocations s ou e eva uate or t eir a i ity to wit stan crum- bling or sagging. (3) Proof of soil conditions which would not cause damage to ad�acent uses. (4) Proper drainage systems to handle stormwater run-off. (5) Minimum setbacks of four (4) feet shall be required. 5. WHITE 1 - CITY CLERK ��i�• �•)■) PINK � - FINANCE J ��W�� CANARY - DEPARTMENT G I TY O F SA I NT PA U L . Counci Bt,UE - MAYOR File N O. 0 rdin�nce Ordinance N�. 1 � �a v Presented By _ Referred To Committee: Date Out of Committee By Date Section 3 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. 6. COUNCILMEN Yeas ,{� Nays Requested by Department of: �"'"e � [n Favor Maddox Me#Aaqwi snowa�ter �' Against By Tedesoo wlson QC� 16 1980 Form Approved by it At or ey Adopted by Counci Date , Clertified P by C nc' Secretary BY ��_ App o by Mayor '��. _ � �� Approved by Mayor r ub ssion to Council g By ��ID 0 CT 2 5 1980 WMITE - CITY CLERK PiNK - FINANCE (RETURN 0 JEROME S AL AFTE ADOPTIOl�j (� CANARY - DEPARTMENT (�I T Y O F �A I N T �A U L OI1I1C1I ����'f BLIFE - •MAYOR File N O. ��1` Ordin�nce Ordinance N0. Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending ehapter 62 of the Saint Paul Legislative Code pertaining to Zoning - General Provisions. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN; Section 1. That Section 62.102 (a) of the Legislative Code is amended as follows: 62 .102 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES: a. Intent It is the intent of this Ordinance to �ermit legal nonconforming lots, structures, or use� existing on the effective date of this Ordinance or amendment thereto, to continue until they are removed but not to encourage their survival. It is recognized that there exists within the district established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. For the purposes of this section, a use will be pre- sumed legally nonconforTM�ng i.f it can be demonstrated by clear and convincir "<<�, ce �' �.t p�-i_oa to th� effective date of thi C ,_ . , :. �� , , � �- - �a�a.s P� ,ri - . COUIVCILMEN II Requested by Decartment of: Yeas Nays Hunt �evine IR Favor - — Maddox McMahon Showalter A gai n s t BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By . Approved by Mayor: Date Approved by Mayor for Submission to Council By By . . ��`��'��2 lished, converted, or enlarged pursuant to building permits issued by the City �of Saint Paul; or if it can be demonstrated by clear and convincing �vidence that the particular use had been in existence continu- ously for twenty years prior to the effective date of this Ordinance. a��-}€-��-ea�-be-e�er�te�s��a�ee�-b� e�ea�-a�e�-ee����e��e�-eeieler�ee-�ka�-�l�e-��ee��e�s�ea ef-�l�e-g�ege��p-�e-a-eer�€e��r�e�-�se-�aet��e�-we�3�-e� , ttr���te-ka�dsk�g-e�-�l�e-��ege���-e�r�e�.- The burden of proof shall be on the applicant for a perznit or certificate of occupancy as the case may be. Such uses are declared by, this Ordinance to, be incom- patible with permitted:�es in the dis�tric'�s involved. It is further the intent of this Ordinance that non- conformities shal? not be enlarged upon, expanded or extended, nor be :ased as grounds for adding other structures or uses prohibited elsewhere in the same district. A noncanforming use of a structure, a non- conforming use of land, or a nonconforming use of a . structure and land shall not be extended or enlarged after passage of this Ordinance by attachment. on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district invol��ed. To avoid hardship, nothing in this Ordinance shall be deemed to :require a change in the plans, con- struction, or designated use of any building on which actu�l construction was lawfully begun prior to �� -tive date of adoption or amendment of �' hi . �:: �� _ �� .. ,� and upon which actual building con- st;: ��r.t ' ��:: !:- � ;een diligently carried on. Actual consi � c�..: � � _ 5 hereby defined to include the placing of consc�_ ~ '���n materials in permanent position and fastened in a permar�nt manner; except �:hat where 2 . �5��� demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or remova3. shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. Section 2 . That Section 62 .108 of the Legislative Code is amended as follows: � 62 .108 SITE PLAN REVIEW (ALL DISTRICTS) a. A site plan shall be st��Fnitted to the -Planning Com- mission for review and approval for the following uses: (1) Principal Uses Permitted Subject to Special Conditions in all districts. (2) Any other use or development for which the submission of a site plan is required by any provision of this Ordinance. (3) Any development, except one-family and two- family residential, but including townhouses, for which off-street parking areas are pro- vided as required in Section 62 .103 Parking Requirements. (4) Any industrial use in an I-1, I-2, or I-3 Dis+-.r���t. abutting a Residence District. (5) Any use which abuts to a major thoroughfar. . (6) All residentially related uses permitted in �ne-f�mily districts siich as, but not limited �o: churches, schools, and public facilities. (7) Earth-sheltered structures. 3. �75'���� b. Every site plan submitted to the Planning Commission, in accordance with the requirements of this Ordinance shall contain such information and be in such form as the Planning Commission may prescribe in .its rules. Said rules may provide for a delegation of authority to the Planning Coordinator of the City of St. Paul of all powers and duties granted to the Planning Commission under SECTION 62.108, and such rules will be filed with the Office of the City Clerk. No site plan shall be approved until same has been reviewed for compliance with the standards of all applicable ordinances of the City of Saint Paul. c. In reviewing the site p��a�, the Planning C�,�rmmission shall consider: ''"' � (1) The location and design of driveways providing vehicular ingress to and egress fr_om the site, in relation to streets giving access to the site, and in relation to pedestrian traffic. (2) The traffic circulation features within the site and location of automobile parking areas, and may make such requirements with respect to any matters as will assure: (a) Safety and convenience of both vehicular and pedestriari traffic both within the site and in relation to access streets . (b) Satisfactory �:Td harmonious relations between the c�?,-,� � � :•� , �nt :,z� the sl�_te an� the existir.c; t-�i-�>� >��c�t.�:��e �eT-Q1'.opme;, ?. of abuttinc� � ;. a�:,c"� ��d i:�c:ei�:. n�i ghi��x:h��:�d�; . (3) The arrange���F�:� . c� u. �;�1~:gs, i�ses and facil:ii..ie:� of the proposed development in orc�er to assure abutting property and/or its occ�apants will not be unreasonably affected. 4. ����� (4) The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establish- ment and the continued maintenance of any use to which they are appurtenant. (5) In approving the site plan, the Planning Com- mission may require marginal access drives � where such marginal access drives are necessary for safety. d. In reviewing the site plan for earth-sheltered struc- tures, the Planning Com�ssion shal� consider (1) Type and location of landscaping to insure maximum compatibility with adjacent above grade housing. (2) Proper safeguards for erosion control including, but not imited to, andscaping and see ing to topsoil. Slope and b uff ocations s ould be eva uate for their abi ity to withstand crum- bling or sagging. (3) Proof of �oil conditions which would not cause , damage to adjacent uses. (4) Proper drainage systems to handle stormwater run-off. (�?__ n^ ��imu ;setback� c _ " -,� (4) feet shall be _ ..._..._T.. . �._ _._.... _ . . _ �.���I,.t�' ... . . . . 5. WMITE - CITY CLtHK . � � I� PINK - FINANCE � �� j�� CANARY - DEPARTMENT G I TY OF SA I NT PA�UL COUflCll � �w �� � ����,r BLI�E , , . MAYOR File N 0. Ordin�nce Ordinance N0. Presented By ReferFed To Committee: Date Out of Committee By Date Section 3. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. 6. COUI�tCILMEN Requested by Department of: Yeas Nays F'unt Levine Maddox In Favor McMahon Showalter A gai n s t BY Tedesco wison Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary By BY . Approved by Mayor: Date Approved by Mayor foc Submission to Council By By �/ , � lst �— j�1 .� � 2nd f�' — / — �� � i 3rd �jl -- �-/— ��v Adopted . Yeas Nays HUNT �. _ + LEVINE ���2� ' McMAHON ' - � ; --� � � '' �� a; SHOWALTER - TEDESCO WILSOPl PRESIDENT (MADDOX) � t � �� _. -: