273749 NT GITY OF SAINT PAUL Council ?,
File N 0. ��✓ �� �
� O Ordin�nce ordinance N0. / (� 0 �5�
♦
�d To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 60 of the Saint
P�ul Legislative Code pertaining to zoning; repeal-
in� Chapter 65, Flood Plain, and ena,eting a new �
Ghapter 65 to be entitled: Zoning Code - River
Corridor and Flood Plain.
WHEREAS, the Planning Commission of the City of Saint Paul • �
and the City Council have adopted an amendment to the Gity' s
Comprehensive Plan regarding the Mississippi River Corridor as
a critical area and which amendment to the Comprehensive Plan
would require amendments to the City' s zoning ordinances; and
WHEREAS, the Planning Commission has made a survey of the
City of Saint Paul and has determined that it would be impraetic�l
to obtain the consent of the necessary two-thirds of contiguous
property owners to effectuate the necessary zoning amendments; and
WI�REAS, the Planning Gommission has conducted a public
hearing on July 27, i979 wherein it considered the proposed zoning
code amendments, and having found and determined that the proposed
amendments are in keeping with the existing uses and to a plan
for future land use for the City, the Planning Commission has
recommended its approval to the proposed rezonings; and
WHEREAS, the City Gouncil having considered the report and
� recommendation of the Planning Commission contained in Planning
Commission Resolution No. 798'7 adopted July 27, 1979, and
having conducted a public hearing on the proposed zoning code
amendments;
THE GOUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
� - - _ _
COUNCILMEN
Yeas Nays Requested by Department of:
Hunt
Levine [n Favor
Maddox
McMahon
Showalter Against BY
Tedesco
wlson
Adopted by Council• Date Form Approved by City Attorney
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
�
�
� 7� ��9
Section 1 .
That pursuant to the authority granted by and in
accordance with the procedures set forth in Minn. Stat. Sec.
462. 35'7, the Council of the City of Saint Paul does hereby
amend the zoning classifications in the manner and form as
shown on the attached zoning maps of the City of Saint Paul ,
Sheet Nos. 3, 6, 9, 10, 16, 17, 21, 22, 23, 25, 27-44, as
incorporated by reference in Section 60. 301 of the Saint
Paul Legislative Code.
Section 2.
That Chapter 65 of the Saint Paul Legislative Code,
entitled: "Zoning Code - Flood Plain" be and the same
hereby is repealed.
Section 3.
That Chapter 60 of the Saint Paul Legislative Code, as
amended, be and the same hereby is further amended by adding
thereto the following definitions, in proper alphabetical
order under section numbers as follows:
60. 202. 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 facili�ty, where barges are
brought for t:1e purpose of loading or unloading cargo.
� 1 a
.
. � � �� ���
Bluffline. A line extended along. the highest point of
lan bluff) on either side of the river and located
tvithin the boundaries of the designated Mississippi '
River Corridor Critical Area.
60. 203, C.
Clear cuttin . The removal of an entire stand of trees
an shrubs.
Cluster development. A pattern of subdivision which
places housing units into contact groupings while
providing a network of commonly owned or dedicated open
space.
60.204. D.
Development (River Corric�or Pistrict only) . The making
of any material change in the use or� appearance of any
structure or land including, but not limited to; a
reconstruction, alteration of the 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
structure; clearing of land as an adjunct to construction;
deposit of refuse, solid or liquid waste, or fill on a
parcel of land; or the dividing of land into two or more
parcels.
60.205. E.
Erosion. The general process by which soils are removed
by flowing surface or subsurface water or by wind.
60. 206. F.
Flood, regional. A flood which is representative of
large floods known to have occurred and characteristic of
what can be statistically expected to occur on an average
of once every 100 years and have water surface elevations
equal to those filed with and made a part of the Flood
Plain District Zoning Map.
�'lood, standard project. The flood that may be expected
'rom the mast severe combination of the metearological
and hydrological conditions that is considered reasonably
characteristic of the Saint Paul geographic area, excluding
e�tremely rare combinations. Such floods are intended as
practicable expressions of the degree of protection that
should be sought in the design of flood control saorks, the
failure of which might be disastrous.
. 2
�
. - � 7.� �y�
Flood fringe. That portion of the flood plain outside
. of the floodway.
Flood plain. The areas adjoining a watercourse at or
below the water surface elevation associated with the
regional flood that have been or hereafter may be
covered by the regional flood.
Flood proofing. Those methods of construction 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 elevation not less than
one foot above the water surface profile associated with
the regional flood plus any increases in flood heights
attributable to encroachments on the flood plain.
Floodway. The channel of the watercourse and those portions
of the adjoining flood plains 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.
60. 212. L.
Landscaping. Includes plants such as trees, grass and shrubs.
60. 213. M.
Major expansion. An expansion involving a 20 percent or
greater addition to the total land area..presently covered
or used by a residential , industrial, commercial, recrea—
tional or public facility.
Mining. The extraction of sand, gravel, rock, soil or
other material from the land in the amount of 1,000 cubic
yards or more and the removing thereof from the site
without processing, with the exception of the removal of
materials assaciated with construetion of a buildang
which is approved in a building permit.
Mississippi River Corridor. That area of the city within
the boundaries of the Mississippi River Corridor Critical
Area, established by Executive Order No . 79-19.
� �
. � �� �Y�
� �
60.214. N.
Normal highwater mark. A mark delineating the highest
water level that has been maintained for a sufficient
period of time 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,
backwaters, and sloughs.
60. 216. P.
Ponding area_. A basin which retains stormwater runoff from
an adjacent area.
60.218. R.
Regulatory flood protection elevation. That elevation
not less than one foot above the water surface profile
associated with the regional flood plus any increases in
flood heights attributable to encroachments on the flood
plain.
60. 219. S.
Sewage disposal system. Any system for the collection,
treatment, and dispersion of sewage, including, but not
limited to, septic tank soil absorption systems.
Shoreland. Land located within the following distances
from public waters: (a) 1,000 feet from the normal high
water mark of a lake, pond, or flowage; and (b) 300 feet
from a river or stream, or the landward extent of a flood
_ plain designated by ordinance on such a river or stream,
whichever is greater. The practical limits of shorelands
may be less than the statutory limits whenever the waters
involved are bounded by natural topographic disidES which
e�tend landward from the waters for lesser distances, as
determined by the Minnesota department of natural resources.
Stee slo es. Slopes which are steeper than 100 feet
horizonta ��0 12 feet vertical but are not steeper than
100 feet horizontal to 18 feet vertical (12�o-18fo) .
Very steep slopes means slopes which are steeper than 100
feet horizontal to 18 feet vertical (18°fo; and over) .
4
� . � ���y�
, 60. 220. T.
Treeline. The more or less continuous line formed by
h�s of trees in a wooded area when viewed from a
particular point. Such line sk;a,ll be determined during
all seasons as if under full foliage.
60. 223. W.
Wetlands. Low-lying areas which may be covered with
s allow water. They are frequently associated wit� a
highwater table. Swamps, bogs, marshes, potholes, wet
meadows, and sloughs are wetlands. They may occur
adjacent to or within natural drainage-ways or as
free-standing low areas. Wetland shall consist of
types 1-8 as defined in U.S.D. I. Fish and Wildlife
Circular 39.
Section 4.
That there is enacted a new Chapter 65 of the Saint
Paul Legislative Code as follows:
CHAPTER 65. ZONING CODE--RIVER
CORRIDOR AND FLOOD PLAIN
65. 100. RC-River Corridor�General Floodplain District.
65. 101 . Intent. The River Corridor District and its
subclassifications, RC-1, RC-2, RC-3, RC-4, and the
General Floodplain District GFP (outside the River
Corridor) , are map overlay districts, designed to
provide comprehensive floodplain and river bluff
management for the city of Saint Paul in accordance
with the policies of Minnesota Statutes (Chapters
104 and 116G) , Minnesota Regulations (MEQC 54) and.
Governor ' s Executive Order No. 79-19.
Floodway Maps Nos. 46, 47, 48, 49 and 50 adopted by the
city council , Ordinance No. 16433, the "Flood Insurance
Study" for the City of Saint Paul, Minnesota, prepared
by the Federal Insurance Administration, and the
"Flood Insurance Rate Map" for the City of Saint Paul ,
prepared by the Federal Insurance Administration, are
hereby adopted by reference and declared to be a part
of this chapter.
5
, � � �� ��9
65. 102. Establishment. The areas within jurisdiction
of this chapter are hereby divided into five districts:
RC-1 River Corridor Floodway District, as determined
by this chapter and the Flood Insurance Rate Map;
RC-2 River Corridor Flood Fringe District, as
determined by this chapter and the Flood
Insurance Rate Map;
RC-3 River Corridor Urban Open District, as determined
by this chapter;
RC-4 River Corridor Urban Di�ersified District, as
determined by this chapter; and _
GFP General Floodplain District (outside the River
Corridor) , as designated by unnumbered A Zones on
the Flood Insurance R.ate Map.
Within these districts all uses not allowed as permitted
uses or as permitted uses subject to special conditions
shall be and are hereby prohibited. Legal nonconforming
structures or uses existing on the effective date of
this chapter or amendment thereto will be permitted to
continue as provided in Section 62. 102.
65. 103. Compliance.
Subdivision 1. No use or occupation of any lands, for
any purpose whatsoever, shall hereafter be permitted
within the River Corridor�General Floodplain District
without full compliance with the terms of this chapter
and other applicable laws.
� Subd. 2. No structure, fill, material or object shall
hereafter be placed on or removed from lands within
the River Corridor�General Floodplain District, and
no structures or other object shall hereafter be
located, used, constructed, extended, converted, or
altered within the District without full compliance
with this chapter and other applicable ],aws.
� Subd. 3. All proposed development on property which
is wholly or partially located within �the River .
Corridor�General Floodplain District of the City of
Saint Paul shall be submitted to the planning commission
for review to assure adherence to this chapter and
other applicable laws .
6
. ��.��/l
Subd. 4. All requests for building permits for new
� structures or for additions to existing structures
which are wholly or partially located within the RC-1,
RC-2, and General Floodplain Districts shall include
the mean sea level (m. s.l . ) elevation of the first
flood (including basement) and the elevation to which
structures or additions to structures will be
flood-proofed.
65.200. River Corridor.
65.210. RC-1 River Corridor Floodway District.
6�, 211. Princi al uses ermitted. The following uses
s all be permitted within the RC-1 Floodway District
to the e�tent that they are not prohibited by any other
provision of the Zoning Code or other ordinances and
provided that they have a low flood-damage potential,
wi11 not materially obstruct flood flows or increase
velocities or stages of the regional flood, and do not
require structures, fill , storage of materials or
stor�.ge of equipment.
(1) Non-structural industrial-commercial uses such
as open-loading areas, parking areas, interior
service roads, airport service roads and airport
runways.
(2) Public and private recreational uses such as golf
courses, tennis courts, driving ranges, archery
ranges, picnic and camp grounds, boat launching
and beaching areas or ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game
farms, fish hatcheries, and hiking, bicycling,
horseback or recreational vehicle areas and
trails, and other open space uses.
(3) Accessory residential uses such as lawns, gardens,
parking areas, and play areas.
In addition, no permitted use within the Floodway District
shall adversely affect the hydraulic capacity of the
channel or floodway or any tributary to the main stream
or of any ditch or other drainage facility or system,
and no use shall be permitted which is likely to cause
pollution of waters, as defined in Minnesota Statutes,
Section 115 .01, unless adequate safeguards, approved
by the state pollution control agency, are provided.
7
, a�3 ��r�
Permitted uses are subject to applicable standards in
Section 65. 400 et seq.
65. 212. Principal uses permitted subject to special
conditions . The following uses, if not prohibited by any
o.ther provision of the Zoning Code, which involve
placement or use of temporary or permanent structures,
fill, materials or equipment in the Floodway District
may be permitted therein upon application and issuance
of a conditional use permit by the planning commission,
subject to the standards contained herein pertaining
to floodway conditional uses and to standards contained
in Section 65 . 400 et seq . �
(1 ) Railroads, highways, streets, alleys, access roads,
bridges, sewers, utilities, utility transmission
lines and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors,
wharves, water control structures and navigation
facilities.
(3) Storage yards or areas for equipment, machinery
or bulk materials.
(4) Use or placement of structures accessory to
permitted or open space uses.
(5) Placement of fill accessory to permitted uses.
(6) Structural works for flood control. '
Structural works for flood control include, but
are not limited to, dams, levees, dikes and
floodways. In addition, any proposed work in
. the beds of public waters which will change the
course, current, or cross-section of the waters
shall be subject to the provisions of Minnesota
Statutes, Chapter 1U5 , other aPplicable laws, and
the following provisions;
(a) The minimum height and design of any dikes,
levees, floodwalls, or similar structural
works shall be at least three feet above the
elevation of the regional flood or standard
project flood, whichever is greater. �
(b) Modifications and additions to the existing
structural wox•ks shall assure that the work
will not increase the flood-damage potential
in the area.
_ �
, . � 7.� ��q
(7) Other uses similar in nature to uses described as
permitted or conditional uses which are consistent
with the provisions of the statewide standards
and criteria for management of floodplain areas
of Minnesota adopted by the Minnesota department
of natural resources and with the city' s
comprehensive river corridor development plans.
65.213. Standards for floodway conditional uses. A11
conditional uses in the Floodway are subject to the
applicable standards in Section 65. 400 et seq. In
addition:
(1) No structure (temporary or permanent) , fill
deposit (including fill for roads and
levees),, obstruction, storage of materials or
equipment, or other use may be allowed which,
acting alone or in combination with existing or
anticipated future uses, unduly affects the
capacity of the floodway or unduly increases
flood heights or velocities. Consideration of
the effects of a proposed use shall be based on
the reasonable assumption that there will be an
equal degree of encroachment extending for a
significant reach on both sides of the stream.
(2) Structures in the floodway shall not be designed
for human habitation, shall have a low flood-damage
potential , and shall conform to the State Building
Code.
(3) Structures in the floodway shall be firmly
anchored to prevent flotation.
(4) Service facilities, such as electrical and heating
equipment, water and sanitary lines, shall be
installed at or above the regulatory flood protection
elevation for the particular area or adequately
flood-proofed.
(5) Public utility facilities, roads, railroad tracks,
and bridges within the floodplain shall be designed
to minimize increases in flood elevation and
shall be compatible with the city' s floodplain
development plans. Protection to the regulatory
flood protection elevation shall be provided
where failure or interruption of these public
facilities would result in danger to the public
9
. � �.� ����
health or safety or where such facilities are
essential to the orderly functioning of the area.
Where failure or interruption of service would
not endanger life or health, a lesser degree of
protection may be provided for minor or auxiliary
roads, railroads or utilities.
(6) The storage or processing of materials that
are in time of flooding buoyant, flammable,
explosive, or could be injurious to human, animal,
or plant life is prohibited unless adequate
safeguards approved by the proper federal , state
and local agencies are provided.
(7) Storage of other material or equipment may be
allowed if not subject to major damage by floods
and if firmly anchored to prevent flotation or
readily removable from the area within the time
available after flood warning.
65. 220. RC-2 River Corridor Flood Frin�e District.
65. 221 . Principal uses permitted. The following uses
shall be permitted uses within the Flood Fringe District
to the extent that they are not prohibited by any other
provision of the Zoning Code or other ordinance. They
are subject to the standards for Flood Fringe usage
contained herein and to those in Section 65. 400 et seq.
(1) Any principal use permitted or conditional use
specified in Sections 65. 211 and 65. 212,
excluding structural works for flood control.
(2) Buildings, structures , and appurtenances that are
� elevated on fill above the regulatory flood
protection elevation.
(3) Public utility facilities, roads, railroad tracks
and bridges that conform to the standards for
Flood Fringe uses.
In addition, no permitted use within the RC-2 Flood Fringe
District shall adversely affect the hydraulic capacity
of the channel or floodway o� any tributary of the main
stream or of any ditch or other drainage facility or
system, and no use shall be permitted or allowed
which is likely to cause pollution of waters, as
10
, - a�� �y9
defined in Minnesota Statutes, Section 115.01, unless
� adequate safeguards, approved by the proper state
agency, are provided.
Detailed plans shall be submitted to the planning
administrator for any development placed on the
floodplain landward from dikes, floodwalls, and
similar structures. The plans must provide for measures
to protect against flooding from internal drainage.
65. 222. Standards for flood fringe uses. All uses
within the Flood Fringe District shall conform to the
following standards and those as provided in Section
65 .400 et seq .
(1) Buildings and accessory structures for residential
uses shall be constructed on non-settling fill
so that the basement, cellar, or first floor,
if there is no basement or cellar, is above the
regulatory flood proteetion elevation. The
finished fill elevation shall be at or above the
established regulatory flood protection elevation
for the particular area and shall extend at such
elevation at least 15 feet beyond the limits
of any structure or building erected thereon.
(2) Buildings or structures for commercial uses
shall be constructed on fill so that the
cellar, basement, or first floor, if there is no
cellar or basement, is above the regulatory
flood protection elevation.
(3) Buildings, structures and appurtenances used for
manufacturing or industrial purposes shall be
protected to the regulatory flood protection
elevation by either construction on Yill so that
the cellar, basement, or first floor, if there
is no basement or cellar, is above the regulatory
flood protection elevation, or by utilizing
approved flood-proofing construction to protect
to the regulatory flood protection elevation.
Measures shall be taken to minimize interference
with normal plant opeiations during anticipated
periods of floodiizg.
(4) Mining and extraction operations shall not be
permitted.
- 11
� ��3���
(5) Islands shall be used only for public recreational ,
historic preservation and wildlife preservation
purposes .
(6) Land accessory to commercial or industrial uses
such as yards, railroad tracks and parking areas
which are below the regulatory flood protection
elevation shall not be designed, designated or
used by the general public if the area is subject
to inundation to a depth greater than two feet or
subject to flood velocities greater than four
feet per second upon the occurrence of the regional
flood unless a flood warning system is provided.
(7) All uses of the F1ood Fringe District shall be
consistent with the provisions of the statewide
standards and criteria for management of floodplain
areas of Minnesota adopted by the Minnesota state
department of natural resources and with the city' s
comprehensive floodplain and river corridor
development plans.
65.223. Principal uses permitted subject to special
conditions. Uses other than those specified above and
not prohibited by the Zoning Code and other ordinances
shall be permitted only upon application and issuance
of a conditional use permit by the planning commission
and subject to the following provisions and to those
in Section 65. 400 et seq. -
(1) Where existing streets or utilities are at elevations
which make compliance with this chapter impractical or in
other special circumstances, the planning commission
may authorize other techniques for protection of
� structures. Structures other than residences that
ordinarily shall be elevated on fill as provided
above may, in special circumstances, be otherwise
elevated or protected to a point above the regulatory
flood protection elevation.
(2) For public utilities, roads, railroad tracks and
bridges where failure or interruption of these
public facilities would not result in danger to
the public health or safety or where such facilities
are not essential to the orderly functioning of the
area, a lesser degree of protection may be provided.
(3) Structural works for flood control may be permitted
provided that they comply with the standards for
12
,
� ��3 ���/
floodway conditional uses set forth in Section
65.213.
(4) Waste treatment and waste disposal facilities that
conform to the standards for flood fringe uses may
be permitted and shall conform to the following
provisions:
(a) No new construction, addition, or modification
to existing waste facilities shall be permitted
within the floodplain unless emergency plans
and procedures for action to be taken in the
event of flooding are prepared, filed with,
and approved by the Minnesota pollution control
agency. The emergency plans and procedures
must provide for measures to prevent introduc-
tion of any pollutant or toxic material into.
the flood waters.
(b) There shall be no disposal of solid waste
materials within the floodplain.
65.230. RC-3 River Corridor Urban Open District.
65.231 . Intent. It is intended that lands and waters
within this district shall be managed to conserve and
proteet the existing and potential recreational , scenic,
natural , and historic resources. Open space provided
in the open river corridor is for public use and the
protection of unique natural and scenic resources.
The existing transportation role of the river in this
district will be protected.
65. 232. Principal uses permitted. In an RC-3 River
Corridor Urban Open overlay district, use of the land,
location and erection of new buildings or structures, and
the alteration, enlargement and moving of existing
buildings or structures from other locations or
districts shall conform to those_ specified uses and
standards of the corresponding underlying distri_et
as estaUlished in Section 60. 3U1 . :_ .
to the extent that they are no�� prohibited by any other
provasion . of the Zon�ng Code. In addition,
permitted uses shall be subject to the following
applicable standards and those in Section 65.400 et seq.
65. 233. Standards for urban open uses.
(1) Development shall be limited to 40 feet in height.
(2) The .development of new and expansion of existing
commercial and industrial uses shall only be on
- 1�
. �2�� ���
lands which are on the landward side of blufflines.
(3) Mining and extraction operations shall not be
permitted.
(4) Advertising signs shall not be permitted. Roof
signs or pole signs above the height of the
associated structure shall not be permitted.
65.234. Principal uses permitted subject to special
conditions. Principal uses permitted subject to special
conditions are those specified by the corresponding
underlying district as established in Section 60. 301
to the extent that they are not prohibited by any
other provision of the Zoning Code. They are subject
to standards specified in the corresponding underlying
district section and to those specified in Section
65. 400 et seq.
Such uses will be permitted only upon application and issuance
of a conditional use permit by the planning commission.
65.240. RC-4 River Corridor Urban Diversified 13istrict.
65.241. Intent. It is intended that the lands and waters
in this district be used and developed to maintain the
present diversity of commercial , industrial, residential ,
and public uses of the lands, including the existing
transportation use of the river; to protect h�storical
sites and areas , natural scenic and environmental
resources; and to expand public access to and enjoyment
of the river. New commercial, industrial, residential ,
and other uses are permitted if they are compatible with
these goals.
65. 242. Principal uses permitted. In an RC-4 River
Corridor Urban Diversified overlay district, use of
the land, location and erection of new buildings or
structures and the alteration, enlargement and moving
of existing buildings or structures from other locations
or districts shall conform to those specified uses and
standards of the corresponding underlying district
as established in Section 60. 301 to the extent that
they are not prohibited by any other provision of the .
Zoning Code. In addition, permitted use.s �shall be '
subject to the standards specified in Section 65.400
et seq .
14
. - �7.3��/�
� 65.243 . Principal uses permitted subject to special
conditions. Principal uses permitted subject to special
conditions are those specified by the corresponding
underlying district as established in Section 60. 301
to the extent that they are not prohibited by any other
provision of the Zoning Code. They are subject to
standards specified in the corresponding underlying
district section and to those :specified in S_ection
65. 400 et seq.
Such uses will be permitted only upon application and
issuance of a conditional use permit by the planning
commission.
65. 300. GFP General Flood lain District (Outside the
River Corridor
65. 301 . Principal uses permitted. Permitted uses shall
include those uses permitted by Section 65.211.
65. 302. Principal uses permitted subject to special
conditions. All other uses are conditional uses
and are peimitted only upon the issuance of a special
use permit as provided in Section 65. 500 et seq.
The General Floodplain District includes the entire
floodplain and does not differentiate between those
areas that are floodway and those areas tha,t are
flood fringe. Because of this the planning
ad.ministrator shall determine whether the proposed use
lies in the floodway or flood fringe in accordance with
Section 65. 500 e t seq . If it is determined that the
use lies in the floodway, the provisions of Section 65. 210 et seq.
shall apply. If it is determined that the proposed use
lies in the flood fringe, the provisions of Section 65.220 et seq.
shall apply.
65. 400. River Corridor and General Floodplain
s andards and criteria.
65. 401 . Objectives. The objective of standards and
criteria is to maintain the aesthetic integrity and
natural environment of the river corridor in conformance
to the St. Paul Mississippi River Corridor Plan by:
reducing the effects of poorly planned shoreline and
bluffline development; providing sufficient setback
for sanitary facilities; preventing pollution of
surface and ground water; minimizing flood damage;
15
. a 7�3 ��/�
preventing soil erosion; and implementing metropolitan
�lans, policies and standards.
65. 410. STANDA.R.DS AND F�RITERIA
65.�411 . Protection of shorelands, wetlands and bluffs.
Subdivision 1 . Development shall be conducted so that
the smallest practical area of land be developed at any
one time, and that each area be subjected to as little
erosion or flood damage as possible during and after
development.
Subd. 2. Placement of structures.
(1 ) No mobile home or mobile home park shall be
permitted in the River Corridor/General
Floodplain District.
(2) The structure or structures, if permitted and
applicable, shall be constructed and placed on
the building site so as to offer the minimum
obstruction to the flow of flood waters having,
whenever possible, the longitudinal axis
parallel to the direction of the flood flow,
and being, so far as practicable, placed
approximately on the same flow lines as
adjoining structures.
(3) The following minimum setbacks for each class
of "public waters as described in Minnesota
Regulations NR-82 shall apply to all structures
except those specified as exceptions in (g)
below.
- For Natural Environment Waters at least 200
feet from the normal high water mark for
lots not served by public sewer and at least
150 feet from the ordinary hibh water mark
for lots served by public sewers.
- For General Development Waters at least 75
feet from the normal high water mark for
lots not served by public sewer and at least
50 feet from the ordinary high water mark for
lots served by public sewer. �
(4) No commercial or industrial development shall be
permitted on slopes greater than 12 percent.
� �b
� ��.� �%�
� (5) No residential development shall be permitted
on slopes greater than 18 percent.
(6) ' Bluff development shall take place at least
40 feet landward of all blufflines.
(7) Transportation, utility and other transmission
service facilities and corridors shall avoid:
(a) steep slopes; '
(b) intrusions into or over streams, valleys
and open exposures of water;
(c) intrusions into ridge crests and high points;
(d) creating tunnel vistas;
(e) wetlands;
(f) forests by running along fringe rather than
through them. If necessary, to route through
forests, utilize open areas in order to
minimize cutting;
(g) soils susceptible to erosion, which would
create sedimentation and pollution problems;
(h) areas of unstable soils which would be subject
to extensive slippages;
(i) areas with high water tables; and
(j ) open space recreation areas.
(8) At river crossing points, public facilities,
crossing corridors and other rights-of-way shall
be consolidated, so that the smallest area
possible is devoted to crossing.
(9) Exceptions:
- Location of piers and docks shall be controlled
by applicable state and local regulations.
- Commercial, industrial or permitted open space
uses requiring location on public waters may
be closer to such waters than the setbacks
specified in standard (3) above.
� 17
. � �� �1/�
Subd. 3. Grading and filling.
(1) A minimum amount of filling shall be allowed when
necessary, but in no case shall the following
restrictions on filling be exceeded. Furthermore,
� fill opportunities shall be fairly apportioned �
to riparian land owners. The developer shall
evaluate ownership patterns, configuration and
the bottom profile of each wetland basin before
fill opportunities are apportioned. "
(2) Grading and filling in shoreland areas (when
allowable) or any other substantial alteration .
of the natural topography shall be controlled
in accordance with the following criteria:
- The smallest amount of bare ground shall be
exposed for as short a time as feasible.
- Temporary ground cover shall be used.
- Methods to prevent erosion and trap sediment
shall be employed.
- Fill shall be stabilized.
(3) Any fill or other material proposed to be
deposited in the floodplain must be essential
to carry out the permitted uses within the
floodplain and it must not impede the hydraulic
capacity of the floodplain or unduly increase
the velocity of any potential flood. The amount
thereof must not exceed that necessary to achieve
the intended purpose, and it shall be protected
against erosion by riprap, vegetation cover,
. or bulkheading.
(4) Only fill free of chemical pollutants and organic
wastes shall be used.
(5) Total filling shall not cause the total natural
flood storage capacity of the wetland to fall
below the natural volume of runoff from the
wetland and watershed generated by a 100 year
storm, as defined by the National Weather Service.
(6) Solid waste disposal and Iandfill shall not be
permitted in the River Corridor District.
18
.- � �.3 ��9
(7) Development shall fit existing topography and
� vegetation with a minimum of clearing and
grading.
(8) No rehabilitated slopes shall be steeper than
18 percent slope.
(9) Dredging of a shoreland or wetland shall be
allowed only when it will not have adverse
effect upon the wetland. Dredging when allowed
shall be limited as follows: �
- It shall be located in the areas of minimum
vegetation.
- It shall not significantly change the water
flow characteristics.
- The size of the dredged area shall be limited
to the absolute minimum.
- Deposit of dredged material shall not result in a
change in the current flow, or in destruction of
vegetation or �ish spawning areas, or in
water pollution.
65 . 412. Protection of wildlife and vegetation. Development
shall be conducted so as to avoid intrusion into animal
and plant habitats. ' � -
(1) No alteration of the natural environment or removal
of vegetation shall be permitted when such altera-
tion or removal would dim�nish the ability of
dependent wildlife to survive in the River Corridor.
(2) No wetland or bluffline vegetation shall be removed
or altered except that required for the placement
of structures.
(3) Clear cutting shall be prohibited except as
necessary for placing approved public roads,
utilities , structures and parking areas.
(4) Natural vegetation shall be restored after any
construction project.
(5) Watering areas necessary for plant survival shall
be maintained or provided.
19
, a 73�/9
(6) Development shall not cause extreme fluctuations
of water levels or unnatural changes in water
temperature, water quality, water currents or
movements which may have an adverse impact on
endangered or unique species of birds or wildlife.
65, 413. Protection of water quality.
Subdivision 1. Development shall occur so that
surface and subsurface water is not adversely affected
by contaminants. Water quality should meet or
exceed state standards.
Subd. 2. Contamination.
(1) Development shall not be permitted on wet soils,
very shallow soils, soils with high shrink-swell,
or frost action potential unless it is shown
that appropriate construction techniques capable
of overcoming the restrictive condition will be
utilized.
(2) Septic tanks and soil absorption systems sha11
not be permitted where public sewer systems are
available. In areas where public sewers are
not available, systems shall be set back from
the normal high water mark in accordance with
the class of public waters as prescribed in
Minnesota Regulations NR-82:
- On Natural Environment Waters, at least 150 feet.
- On General Development Waters, at least 50 feet.
(3) Private wells shall be placed in areas not subject
to flooding and up slope from any source of
contamination. Wells already existing in areas
subject to flooding shall be flood proofed in
accordance with accepted engineering standards
as defined in the Uni��rm State Building Code.
(4) Commercial or industrial land uses requiring the
storage or production of materials or wastes that
may create a pollution hazard for groundwater or
surface water shall be prohibited unless the
quality of Uoth the groundwater and surface �
waters can conform to all applicable state
and federal standards, criteria, rules and
regulations.
20
._ a �� ��9
� Subd. j. Runoff.
(1) The phases of development shall be planned so
that only areas which are actively being
developed are exposed. Other areas shall have
cover of vegetation or mulch.
(2) Natural vegetation in shoreland and bluff areas
shall be preserved to retard surface runoff and
soil erosion and to utilize excess nutrients.
(3) Sediment shall be retained within the development
site area either by filtering runoff as it flows
through the development area or by detaining
sediment-laden runoff in a sediment basin
so that the soil particles settle out.
(4) Water released to a drainage system shall be
directed in such a manner as to travel over
natural areas rather than across contaminated
surfaces.
(7) Stormwater runoff may be directed to wetlands only
when free of silt, debris and chemical pollutants
and only at rates which will not disturb
vegetation or increase turbidity.
(6) Development which takes place near slopes greater
than 12 percent shall not result in increased
runoff onto those slopes sufficient to damage
vegetation or structures thereon.
6� . 500. River Corridor and G�neral Flood Plain conditional
use permits.
65. 501 . Application. Conditional use permits shall be
issued by the planning commission, except that the
planning co�nmission may delegate authority to issue
conditional use permits to the planning administrator
according to rules which the commission may prescribe.
Such rules will be filed with the office of the city
clerk. Applications shall be submitted to the
planning administrator together with application fee
in 1�e amount det�ermine.d by the city council . Upon
receipt of an application, the planning administrator
shall determine whether to require any or all of the
following four items of information supplied by the
applicant as a prerequisite to the consideration of
the application:
" 21
, � �3 ��j
(1) Plans in triplicate drawn to scale prepared by and
signed by a registered engineer, architect and�or
land surveyor as applicable, showing the nature,
location, dimensions and elevation of the land;
existing surface contours, structures, streets
and utilities; proposed surface contours, structures,
- fill and the location and elevations of proposed
streets, water supply, sanitary facilities and
other utilities showing the relationship of the
above to the channel and to the designated River
Corridor or General Floodplain District limits.
(2) Typical valley cross-sections of areas to be
occupied by the proposed development showing the
channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
(3) Plan (surface view) of the proposed development
showing the proposed use or uses of the area
and structures and providing location, relationships
and spa�ial arrangements �of those uses and
related structures to pertinent elevations, fill,
storage location, utilities and other features.
(4) Profile showing the slope of the bottom of the
channel and flow lines of the stream.
65. 502. Other permits. Applicable conditional use permits
for lands in the designated River Corridor District and
General Floodplain District_ must be obtained prior
to application for all other permits required by law
and ordinance. Zor�ing and conditional use permits for
ftiver Corridor and General Floodplain areas are
supplementary to other zoning and building permits.
6�5. 503. Factors considered. In passing upon conditional
use permit applications , the planning commission or
planning administrator shall consider alI relevant factors
specified in other sections of this chapter and
(1) The relationship of the proposed use to the
comprehensive plan and floodplain management program
for the city.
(2) The importance of the services provided by the �
proposed facility to the community.
(3) The compatibility of the proposed use with
existing development and development anticipated
• in the foreseeable future.
22
� � �����
(4) The ability of the existing topography, soils,
and geology to support and accommodate the
� proQosed use.
(5) The compatibility of the proposed use with
eaisting characteristics of biologic and other
natural communities.
(6) The proposed water supply and sanitation systems
and the ability of these systems to prevent
disease, contamination, and unsanitary conditions,
(7) The requirements of the facility for a
river-dependent location, if applicable.
(8) The safety of access to the property for
ordinary vehicles.
(9) The susceptibility of the proposed facility and
its contents to flood damage and the ef�ect of
such damage on the individual owner.
- (10) The dangers to life and property due to increased
flood heights or velocities caused by encroachments.
(11) The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site.
(12) The danger that materials may be swept onto other
lands or downstream to the injury of others.
(13) The availability of alternative locations or
configurations for the proposed use.
(14) Such other factors as are relevant to the purposes
of this chapter.
65. 504. Hearin�. Within 60 days from the date of
application for conditional use permit, the planning
administrator shall submit the application together with
additional information obtained under Section 6�. 501
to the planning commission. Unless the authority to
issue the conditional use permit has been delegated
to the planning administrator, the commission shall
then fix a time for hearing and give the applicant
at least ten days' written notice thereof. At the
hearing, the commission shall hear the report of the
planning administrator, and the applicant shall be
given reasonable opportunity to be heard.
. ��
� . � a�����
� �
65. 505. Decision, permit. Based upon all the reports,
recommendations and evidence presented to the
commission, the commission shall render its written
decision within a reasonable time follotaing the
hearing, and a copy of such decision shall be mailed
to the applicant. In granting a conditional use
permit the commission may prescribe any appropriate
conditions and safeguards which are in conformity
with the purposes of this chapter.
65. 506. Subject to appeal . All decisions by the planning
commission or planning administrator granting or
denying a conditional use permit shall be final
subject to appeal to the city council as outlined
herein.
65. 50'7. Notify commissioner of natural resources.
A copy of the application for the proposed conditional
uses shall be submitted to the commissioner of natural
resources sufficiently in advance so that the commissioner
will receive at least ten days' notice of the hearing.
A copy of all decisions granting conditional use permits
shall be forwarded to the commissioner of natural
resources within ten days of such action.
65. 508. Conditions imposed. The planning commission or
planning administrator may attach such conditions to
the granting of conditional use permits as each deems
necessary to fulfill the purposes of this chapter.
Such conditions may include, but are not limited to,
the following:
(1) Modifications of design, site planning, or site
treatment.
(2) Requirements for implementation of erosion and
sediment control , vegetation management, wildlife
management and other protective measures.
(3) Modifications of waste disposal and water supply
facilities or operations.
(4) Limitations on period of use and operation. _
(5) Imposition of operational controls, sureties, and
deed restrictions.
�!�
� � �� ���
(6) Requirements for construction of ehannel improvements,
� modifications , dredging, dikes, levees, and other
protective measures.
(7) Flood proofing measures shall be designed consistent
with state established flood proofing standards
and with the flood protection elevation for the
particular area including flood velocities,
duration and rate of rise, hydrostatic and hydrodynamic
forces, and other factors associated with the
regulatory flood. The commission shall require
that the applicant submit a plan or document certi-
fied by a registered professional engineer or
architect that the flood proofing measures are
consistent with the regulatory flood elevation
and associated flood factors for the particular
area. The flood proofing measures that may be
required include, but are not limited to , the
following: �
(a) Anchorage to resist flotation and lateral
movement.
(b) Installation of watertight doors, bulkheads
and shutters, or similar methods of construction.
(c) Reinforcement of wa11s to resist water
pressure.
(d) Use of paints, membranes, or mortars to
reduce seepage of water through walls.
(e) Addition of mass or weight to structures
to resist flotation.
(f) Installation of pumps to lower water levels
in structures .
(g) Construction of water supply and waste
treatment systems to prevent the entrance of
flood waters.
(h) Installation of pumping facilities or
comparable practice for subsurface drainage
systems for buildings to relieve external
foundation wall and basement floor pressures.
(i) Construction to resist rupture or collapse
caused by water pressure or flQating debris.
?�
.
� . � a �3�y�
(j ) Installation of valves or controls on sanitary
and storm drainage which will permit the drains
to be closed to prevent back-up of sewage and
storrn waters into the buildings or structures.
Gravity draining of basements may be eliminated
by mechanical devices.
(k) Location of all electrical equipment, circuits,
� and installed electrical appliances such that
they are not subject to the regional ' �
flood.
(1) Location of any structural storage facilities
for chemicals, explosives, buoyant materials,
flammable liquids, or other toxic materials,
which c�ould be hazardous to public health,
safety, and welfare, above the flood protection
elevation or provision of adequate flood
proofing to prevent flotation of or damage to
storage containers which could result in the
escape of toxic materials into flood waters.
(8) Specifications for building construction and
materials, filling and grading, water supply,
sanitary facilities, utilities and other work
or construction to be submitted to the city
division of housing and building code enforcement
for review and approval prior to any development.
65 .600. Appeal . Notwithstanding any other provision
of the Zoning Code, appeals from the decisions of the
planning commission or planning administrator on
floodplain matters may be taken directly .to the city
council . Appeals shall be initiated by filing of a
written notice of appeal and a written statement containing
the factual basis of the appeal, together with a copy of
the decision, with the city clerk within 30 calendar
� days from the date of issuance of such decision. The
clerk shall report the filing of such notice of appeal
at the council meeting next following said filing, and
the council shall fix a date for hearing. The clerk
shall notify the appellant and the planning adminastrator
of the public hearing date. The council shall hear all
persons and all objections and recommendations relative
to the decision, and the council may grant or deny the
application. If the council should grant a conditional
use permit, it may prescribe appropriate conditions
and safeguards in conformity with this chapter. The �
council ' s decision shall be final subject to review
of the district court of Ramsey county in accordance
with the provisions of Minnesota Statutes, Section 462. 361.
. �
' ' v �r� v ! �/
�
� 65. 650. Modifications. The planning commission is
hereby authorized to recommend modifications to the
provisions of this chapter where it appears that by
reason of eaceptional circumstances the strict
enforcement of this chapter would cause undue
hardship and strict conformity with the standards
would be unreasonable, impractical and not feasible
under the circumstances. Modifications granted by the
planning commission shall be consistent with the
general purposes of the standards contained in this
chapter and state law and the intent of applicable
state and national laws and programs. Although
modifications may be used to modify permissible
methods of flood protection, no modification shall
have the effect of allowing in any district uses
prohibited in that district, permit a lower degree
of flood protection than the flood protection elevation
for the particular area, or permit a lesser degree of
flood protection than required by state law. Appeals
from the decision of the planning commission may be
taken to the city council in accordance with Section
64. 205 .
A copy of the application for a modification shall be
submitted to the commis�ioner of natural resources
sufficiently in advance so that the commissioner will
receive at least ten days ' notice of the planning
commission hearing. A copy of all decisions granting
modifications shall be forwarded to the commissioner
of natural resources within t�n days of such action.
65.'700. Amendments. The flood plain designations
established by this chapter shall not be removed
from flood plain areas unless it can be shown that
the designation is in error or that the areas are
filled to an elevation at or above the flood protection
elevation and are contiguous to other lands lying
outside the flood plain district, All amendments
shall be made in the manner set f�rth in Minnesota
Statutes , Section 462. 35'7 , and shall be submitted
to the commissioner of natural resources and the
federal insurance administration for their approval
prior to adoption by the city council .
Section 5 .
This ordinance shall be deemed a part of the Saint . Paul
Legislative Code and shall be incorporated therein and
given an appropriate chapter and�or section number at the
time of the next revision of said Legislative Code.
27
WHITE - CITY CLERK
PINK - FINANCE . COU�1C11 p
BLUERY - 'MA�RMENT GITY OF SAINT PAUL File NO. ��� � I
� ,
• 0 rdindnce ordinance N 0. ! lo��10
s
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 28.
Section 6.
This ordinance shall take effect and be in force 30
days from and after its passage, approval and publication.
. COUNCILMEN
Yeas Nays Requested by Department of:
Hunt �
Levine In Favor
Maddox
McMahon
Showalter A gai n s t BY
Tedesco
wlson
�A1� 2 p �98�� Form Approved by City Attorney
Adopted by Council: Date
Certified P s y unci cre BY
By
Approved y yor: Date FEB 1 �9 Approved by Mayor for Submission to Council
�By —� BY
PUSUSHED F E B 6 1982
, r`
�. `;� },,.. . ,�.,, � �iI'�`Y OF SAII`'T PAUL . a`� .3 �7 �
� ' p OFFICE OF TIIE CITY COIIYCIx.
. ;k' �Y�t�}�'e . . .
?.' �.1 .!�'
h 1 � .
. _•' �.11+5u080. �a ,'j � � .
�..�I.�:�.�.�,=„�ni18 �.-
1 . n.
�'� ' � Date : 1/15/82
� ..;. - ,'
,_.� �
� COMMI7TEE REPOR�f'
T0 : 5aint Poul Ci�ty Cou�cii .
FR�� � Commitfiee Otl CITY DEVELOPMENT AND TRANSPORTATION �
Leonard W. Levine, chQirman, makes the following �
report on C.F. �]X Ordinance �
❑ Resolution
. � Other
T tTLE : Mississippi River Corridor DeveJopment Ordinance
. The Committee recommends adoption of `the amendments.
;';
CITY �IALL � SEVENT�I FLOOR SAINT PAUL, b1iN1\FSOTA 55102
�.-:�'��:�
, , � i , , : t'`
�� T.
_ , ,
� � . + � .� �j.� t
�j C,/
- ,,� . - � �` T ,
� �.� � . ,
-. { ,,y
� , � � • `i
,
— i, i'�
; . , ` '
, � �: .
` . . ; � ,,,
. i>
` , i , :
. , , —.
�; ' t ' i _ ' I� . ;
� ... .. . � l . . , . . � . , . . . ! . - . . . , . , . .. 1
. .. . . , , - .. . , - . � . .
� � � • .� . . . . � . . . , . . . . . . . ,
� . . . . � �� . . � ` . �� . . � . , � ., . . ! , . .
... . . . . � .. � � � � � � � ' � � . ' . .
, I
.
. . , . . . . x . ,
. . . . . . . � . � . . . . . . .,
,
. . ., .,�� . . . . . . . . � . . . . . . i . .
. . . . � . . � - , �� � � � � � � � . � � . . � � . � i
, , , ..
. .. - . , . . , . . ,.
. . . . _ � .. . . . . i � . . � , . ... . -
� .. . � . . �� � � . ' � � � � � - � � - � .� . ' � . . . �
: t'1�t�bir 14th, �,9��g ' �
, , , � ,
, , _ ;,
_ i , •
� . , _
;
, Y,
.
;�
, — .
.. � -,
.
`. - ` ' � ,.
1> s
�
� .
.
. i;
P t��a�l.`f i � : � ,
, . laan#aqr�
� . . .'������'��, Qi�i9� �� � � . � � ; � . . .. . . .. . -.. ' r� ...�.
. . /�� ��i..•. i"'.iAp�L�t:.11iii�P��q. _ . . : . . � ; ' ' � . . . .. � � � , � . .f. '�.
. � i � .. .. . . . . . . . . - .
�� � . � .. . , . � . . - . . '. . .. . . -� . ' . . � .
,
;
. . . � ' � ��l�. •�inR��i. ..� � � . � .. � .. , � . . � . � , � . . �. ' .. �
_. ... . .. . . �_: . . . . � �,.�� . . . : - ... .. � . �.� . .
L _ � ...� - .�� . . . .. . . . �. ., , '• / �r .
� , � Ci���► ��. tQ,��c�f �t� O'ral' '�1�3'A� �� tf� 1! t!�"l1 t�� �"��ls ' k J.
� G.�'. �P. �'�37ig�: �sendiug" t�aptsr b0 of`t2�e:��r,1a��.1r� Coct� �ie��g C�c►; � ;
�1.ipg. e�d ad4pt� wr�aia t�s�sestx'itett,a�► �o t�wr �ra-�,ki�t► if� � , y,,
'' Mia��tp�# 8i+ve� t?+�rrido� uaEtX sach tia� +�s-��e �+�'lr�s:�b�� i��rlrl�a�w��d �-� : � '; �, .
bY !hr �i�ar :1�nvts�taL t�wlity Sosrd+ ��. , -
.
� . . .
_Ver� ��� yo�e; � ' '
. : . ;
_ . _
, . ,
,
, ,
. � :, , .
_ , . , _
,
�o
�
,' M�
' ' , , �► ��''� ,i - .
A80/� " � , . , � -. ..
. , , ,
. .
, ; - ' k` ;
� I '.
. . . . : .•.`' .r � � . � � _. •.:. � . ., . , � �,. - �� �. . . � � . . �. .. _ .. :; .. . �-:
.:;.... ��' �� - ' . . . . �. �_ � . . . � .. ; . . i� � .:.. " �. . .�: � , .,�, .. ' . . . � ' . ' 'x :t.
. . . . ,� � . . . . . . . . . - . � . � . . � � � . . . � . � ' � t'i
' - � �., . ., _ . . . . . . - .. . '; . ' , . .
� �. . . . � � . � . . . . . . . - I _ _ . . . . . . � r . -, i . _t�
. . . . . - . � . . .
� . . .. �� .. �� . � . � - . , . . . . .
.. . . . . . . . . . .
. . . . . � . I� . .. . . . . i �
; � . • � � � . �' � . . .. ' � . . + . � ... . . � - . . ' � . .. . . , .. � �! �
. � _ . . .. . . � . . I . .. � ' . . . t 9f ``�
- . _ . � . �, ,, .... . . .�. . . . � ' . . f�i �1 Jfa
� �.. � � . . ,. �, - . . � . . � ... . . . 4�i
r
. , . . . . . . �/
. . .. . i . _ . ,
. .
� . ' . � . � - ' . � � .. . . . �� - . .. . .. . .. . . ��
. . � ' . � � ' � - ,. , - , � � ' � ' If � � � . � � t !'�l
� � � � . .- . . � � � � . . � . , � . � . � . . . . ' . ' . . . . .
. . . . � . .. . . . . .
- ... . . � � . � . i:'!`
. . . . . ` . . i - . . ,
. . - .. . .. iY s
. . � . .. � . � . . . . '�.1 : f
_ . . . . .. . � . . �.� , . _ . � . 4,; t ����
' ; y �r d.�
' � . . ' � �.... . . ° , . _ ., ,_'+, t-.��:
, ..
:� �� ����
CITY OF SAINT PAUL
OFFICF, OF THI� CITY COIINCIL
-0�.00�.
•rsoneaeme
!9l�B�i
DAVID H. HOZZA
Councilman
October 3, 1979
T0: A1 Olson
FROM: David Hozza `'
t
� `
My office has received a request from the Planning Division
to lay over Council File 273749 (An Ordinance Amending Chapter 60
of the Legislative Code pertaining to Zoning and Adopting Certain
Use Restrictions to the Area Kno�n as the Mississippi River Cor-
ridor) .
The reason for the lay over is the requirement by the State
Environmental Quality Board that it review the proposed zoning
and restrictions prior to the City's action.
The Planning Division anticipates that the ordinance could
be referred back to the Council for third reading sometime in
December.
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 612/298-4646
_ �
/, . � � j ` ly J
- )
Comments - Proposed amendment to C. F. 2'7374g, enacting amendment
to the Zoning Code - River Corridor and Flood Plain
Orig. Revised
Draf t Draf t
Page Page
1 1 Amend title (new Chapter 65) Zoning Code--
River Corridor and Flood P1ain, repealing
. old Chapter 65.
2 1 Sec. 1 - Correct reference to 60. 301 (revised code)
Sec. 2 - Repeal old Chapter 65
� Sec. 3 •- Definitions arranged in alphabetical order,
changing style to conform to that used in other
definitions this chapter.
2 2 Substitute definition of "bluffline" per Rick
Wiederhorn.
3 2 "Development�� - inserted comma after "appearance. "
Comma after "samples" changed to a semicolon.
Comma after "construction" changed to semicolon.
4 3 "Mining" - Inserted comma after "processing, "
deleted comma af ter "building. "
4 4 "Sewage disposal system" - inserted comma after ��sewage. "
5 5 Sec. 4 - Enact new chapter, insert title, change
all code section numbers following.
Last line on page, changed "ordinance" to "chapter. "
6 6 65. 102. Establishment. "The areas within
jurisdiction of this e����a�ee chapter . . . "
. Changed "ordinance" to "chapter" throughout the
section. Omitted comma after "thereto. "
65. 103. Changed "ordinance�� to ��chapter��
throughout. "adherence ���� to this chapter . . . "
7 7 65. 211. Omitted comma af ter "RC-1. " "Zoning Code"
substituted for "ordinance'� .
(2) - Inserted comma after "hatcheries. "
Last paragraph, inserted comma after "system. "
7 8 First paragraph, instead of "Section 60.616��
reference is to series of numbers, 65. 400 et seq. ,
since all these numbers refer to standards.
65.212 - "any other provision,� of the . . "
Reference to 65. 400 et seq (rather than 60.6i6) .
.♦ i-'. �' 'i �.� �
O� -�
- Comments - cont'd
Orig. Revised
Draf t Draf t
Page Page
8 8 (6) - substituted "beds" for ��bids. "
(6) (a) - inserted comma after ��flood."
8 9 65.213. Reference to 65. 400 et seq. rather than 60.616.
(1) second line: "fill deposit (including fill
for roads and levees) , �e�es}�; . . .
�
. 9 10 65.221 - Substituted "Zoning Code" for "Zoning
Ordinance" and "65. 400 et seq. " for "60.616. "
(1) ". . . excluding �ke�e��e� structural works . . . "
Deleted comma after "RC-2. "
9 11 "Detailed plans . . . . for any �e�e�eg�e�.��-
development placed . . . . Q
10 11 65.222, first paragraph, omitted comma after
"standards" and changed reference to 65.400 et seq.
instead of 60.616.
(1) - Inserted commas after "basement" and"cellar"
(2) and (3) - inserted comma after "basement. "
10 12 (7) omitted some capitalization as in other
seetions of this chapter. If there are no formal
documents so entitled, preference is for lower case.
10 12 "Code" substituted for ��ordinance. �� Reference
to ��65. 400 et seq. ��
11 12 65. 223 (1) - substituted "chapter�� for "ordinance. "
11 13 65.232. Instead of �'corresponding underlying
district of the Zoning Ordinance as established
in Section 60. 301 to the extent that they are
not prohibited by any other provision of the
ordinance" substituted:
"corresponding underlying district as established
in Section 60. 301 to the extent that they are
not prohibited by any other provision of the
Zoning Code. "
65. 400 et seq. instead of 60. 616.
12 14 65. 234. Same as 65.232 above. Here the first draft
says "this ordinance" - changed to "Zoning Code. '�
Substituted '�65. 400 et seq. " for "60. 616. "
� '�' ��. 6J Lj� �
C�" �����` �
Comments - cont'd
Orig. Revised
Draf t Draf t
Page Page
12 14 65.242. Same comment as in 65.232 and 65.234
above. Here the reference is to an underlay
district and"to the extent they are not prb='.
hibited by any other provision of the Ordinance. "
� . Substituted language as in 65.232 and 65.234.
Also changed reference to "65. 400 et seq'� rather
than ��60. 616. ��
The original draft made a reference to ��following
� applicable standards. " Since no standards were
there stated, that phrase was deleted.
12 15 65.243. Same comment as in 65.232, 65.234 and 65.242
above.
13 15 Substituted new section numbers, also adding
"et seq. " after the section numbers in the text,
since it appears that more than one section is
involved.
Also inserted the word "lies" : "determine whether
the proposed use lies in the floodway . . . . "
Eliminated the words "of this ordinance" following
section numbers in the text, since that is understood.
13 15 Section 60.616 in original draft. Expanded the
numbering system for easier reference.
15 18 Subd. 3, par (1) : "�e A minimum amount of
filling shall be allowed . . . "
(3) "riprap" one word. Made "bulkheading"
one word rather than hyphenated.
15 19 (9) last paragraph: "or .in destruction of
vegetation; or fish spawning areasi or in
water pollution. "
16 19 65. 412 first paragraph. There is a reference
to ��these species" where none is mentioned.
Since the introductory paragraph is expanded
upon in the numbered paragraphs following, it
was amended to read:
"Development shall be conducted so as to
avoid intrusion into animal and plant habitats.��a�
�e���-���e��e�-s�����a�-e�-��ese-s�ee}es. n
(3) Deleted comma after "prohibited. "
• ��
� �'', "1
.''�
Comments - cont'd
Orig. Revised
Draf t Draf t
Page Page
17 21 Subd. 3 (3) deleted comma after '�basin. Q
18 22 65.503 - "In passing upon conditional use
permit applications, the planning commission or
planning administrator shall consider all
relevant factors specified in other sections
of this e��}�.a�ee chapter and . . . "
18 23 (12) last word, changed ��other« to ��others. a
(14) ��Such other factors w��e�i as are relevant
to the purposes of this e������ee chapter. '�
19. 23 65. 504. Original draft contains a reference to
"60.614(a) herein. " There is no such section -
assuming what is meant is 60.617A, we changed
it to 65. 501 as renumbered.
19 24 65. 505 - changed "ordinance" to ��chapter. ��
65 . 507 - '�A copy of the application e� for
the proposed . . . "
65. 508 - first paragraph, substituted ��chapter"
for "ordinance. "
65. 508 (2) " . . . and other �protective
���#e��a�s measures. "
20 26 (k) Location of all electrical equipment,
circuits, and installed electrical appliance
such that they are not subject to ��ee�}�g-��
the regional flood.
21 26 (8) - '�housing and building code enforcement"
for �'building department. "
65.600. �'Zoning Code" for ��ordinance"
Substituted "planning administrator" for
t'planning coordinator" throughout. Substituted
"chapter" for "ordinance. "
21 27 65. 650. Substituted "Modifications" for ��Variances"
in the title, since that is the term used in the
text. Substituted "chapter" for "floodplain
management ordinance" and "ordinance�' throughout.
�� . . . lower degree of flood protection �ka�
than . . . "
65. 700. ftepeated here from the original floodplain
ordinance, formerly designated 60.900.
s 'i "j:���
a � 7 .1
� moves to amend Council Fi1e
o . 37 9 as follows:
Amend the title to read:
An ordinance amending Chapter 60 of the Saint
Paul Legislative Code pertaining to zoning;
repealing Chapter 65, Flood Plain, and enacting
a new Chapter 65 to be entitled: Zoning Code -
, River Corridor and Flood Plain.
Strike everything after the enacting clause and substitute
in lieu and in place thereof the following:
Section 1.
That pursuant to the authority granted by and in
accordance with the procedures set forth in Minn. Stat. Sec.
462. 357, the Council of the City of Saint Paul does hereby
amend the zoning classifications in the manner and form as
shown on the attached zoning maps of the City of Saint Paul,
Sheet Nos. 3, 6, g, 10, 16, 17, 21, 22, 23, 25, 2'7-44, as
incorporated by reference in Section 60. 301 of the Saint
Paul Legislative Code.
Section 2.
That Chapter 65 af the Saint Paul Legislative Code,
entitled: "Zoning Code - Flood Plain" be and the same
hereby is repealed.
Section 3.
That Chapter 60 of the Saint Paul Legislative Code, as
amended, be and the same hereby is further amended by adding
thereto the following definitions, in proper alphabetical
order under section numbers as follows:
60.202. B.
Backwater. A body of water connected with, but little
a fected by, the main stream.
Barge fleeting area. An area on the river, on or off
channel, wlzere barges are temporarily parked and secured
while tows are assembled or broken up.
Bar�e slip. A basin, usually adjacent to a wharf, jetty,
dock or other cargo handling facility, where barges are
brought for the purpose of loading or unloading cargo.
1
� Bluffline. A line extended along the highest point of
lan luff) on either side of the river and located
within the boundaries of the designated Mississippi '
River Corridor Critical Area.
60.203. C.
Cle�ar cuttin . The removal of an entire stand of trees
an s rubs.
Cluster development. A pattern of subdivision which
. places housing units into contact groupings while
providing a network of commonly owned or dedicated open
space.
60.204. D.
Development (River Corric�or Pistrict only) . The making
of any material change in the use or� appearance of any
structure or land including, but not limited to: a
reconstruction, alteration of the 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
structure; clearing of land as an adjunet to construction;
deposit of refuse, solid or liquid waste, or fill on a
parcel of land; or the dividing of land into two or more
parcels.
60.205. E.
Erosion. The general process by which soils are removed
by flowing surface or subsurface water or by wind. '
60. 206. F.
Flood re ional. A flood which is representative of
arge floods known to have occurred and characteristic of
what can be statistically expected to occur on an average
of once every 100 years and have water surface elevations
equal to those filed with and made a part of the Flood
Plain District Zoning Map.
�'lood, standard project. The flood that may be expected
rom the most severe combination of the meteorological
and hydrological conditions that is considered reasonably
characteristic of the Saint Paul geographic area, excluding
extremely rare combinations. Such floods are intended as
practicable expressions of the degree of protection that
should be sought in the design of flood control works, the
failure of which might be disastrous.
2
f
Flood fringe. That portion of the flood plain outside
. of the floodway.
Flood plain. The areas adjoining a watercourse at or
below the water surface elevation associated with the
regional flood that have been or hereafter may be
covered by the regional flood.
Flood roofin . Those methods of construction described
in he Uniform State Building Code which, when applied to
structures or properties, will prevent or mitigate damage
' from floods.
Flood protection elevation. That elevation not less than
one foot above the water surface profile associated with
the regional flood plus any increases in flood heights
attributable to encroachments on the flood plain.
Floodway. The channel of the watercourse and those portions
of the adjoining flood plains 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.
60 .212. L.
Landscaping. Includes plants such as trees, grass and shrubs.
60.213. M.
Major expansion. An expansion involving a 20 percent or
greater addition to the total land area..presently covered
or used by a residential, industrial , commercial, recrea-
tional or public facility.
Mining. The extraction of sand, gravel, rock, soil or
other material from the land in the amount of 1,000 cubic
yards or more and the removing thereof from the site
without processing, with the exception of the removal of
materials associated with construction of a building
which is approved in a building permit.
Mississi pi ftiver Corridor. That area of the city within
the boundaries of the Mississippi River Corridor Critical
Area, established by Executive Order No. 79-19.
3
60.214. N.
Normal hi hwater mark. A mark delineating the highest
water evel that has been maintained for a sufficient
period of time 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,
° backwaters, and sloughs.
60.216. P.
Ponding area. A basin which retains stormwater runoff from
an adjacent area.
60.218. R.
Re ulatory flood rotection elevation. That elevation
no ess han one foot above the water surface profile
associated with the regional flood plus any increases in
flood heights attributable to encroachments on the flood
plain. .
60.219. S.
Sewa�e disposal system. Any system for the collection,
treatment, and dispersion of sewage, including, but not
limited to, septic tank soil absorption systems.
Shoreland. Land located within the following distances
from public waters: (a) 1,000 feet from the normal high
water mark of a lake, pond, or flowage; and (b) 300 feet
from a river or stream, or the landward extent of a flood
plain designated by ordinance on such a river or stream,
whichever is greater. The practical limits of shorelands
may be less than the statutory limits whenever the waters
involved are bounded by natural topographic divides which
extend landward from the waters for lesser distances, as
determined by the Minnesota department of natural resources.
Stee slo es. Slopes which are steeper than 100 feet
horizon a o 12 feet vertical but are not steeper than
100 feet horizontal to 18 feet vertical (12�0-18�0) .
Very steep slopes means slopes which are steeper than 100
feet horizontal to 18 feet vertical (18�, and over) .
4
60.220. T.
Treeline. The more or less continuous line formed by
e tops of trees in a wooded area when viewed from a
particular point. Such line sh�ll be determined during
all seasons as if under full foliage.
60.223, w.
Wetlands. Low-lying areas which may be covered with
' s allow water. They are frequently associated wii� a
highwater table. Swamps, bogs, marshes, potholes, wet
meadows, and sloughs are wetlands. They may occur
adjacent to or within natural drainage-ways or as
free-standing low areas. Wetland shall consist of
types 1-8 as defined in U.S.D. I. Fish and Wildlife
Circular 39.
Section 4.
That there is enacted a new Chapter 65 of the Saint
Paul Legislative Code as follows:
CHAPTER 65. ZONING CODE--RIVER
CORRIDOR AND FLOOD PLAIN
65. 100. RC-River Corridor/General Floodplain District.
65. 101. Intent. The River Corridor District and its
subclassifications, RC-1, RC-2, RC-3, RC-4, and the
General Floodplain District GFP (outside the River
Corridor) , are map overlay districts, designed to
provide comprehensive floodplain and river bluff
management for the city of Saint Paul in accordance
with the policies of Minnesota Statutes (Chapters
104 and 116G) , Minnesota Regulations (MEQC 54) and
Governor' s Executive Order No. 79-19.
Floodway Maps Nos. 46, 4�, 48, 49 and 50 adopted by the
city council , Ordinance No. i6433, the "Flood Insurance
Study" for the City of Saint Paul, Minnesota, prepared
by the Federal Insurance Administration, and the
"Flood Insurance Rate Map" for the City of Saint Paul ,
prepared by the Federal Insurance Administration, are
hereby adopted by reference and declared to be a part
of this chapter.
5
.
65. 102. Establishment. The areas within jurisdiction
of this chapter are hereby divided into five districts:
RC-1 River Corridor Floodway District, as determined
by this chapter and the Flood Insurance Rate Map;
RC-2 River Corridor Flood Fringe District, as
determined by this chapter and the Flood •
Insurance Rate Map; �
• RC-3 River Corridor Urban Open District, as determined
by this chapter;
RC-4 River Corridor Urban Di�ersified District, as
determined by this chapter; and
GFP General Floodplain District (outside the River
� Corridor) , as designated by unnumbered A Zones on
the Flood Insurance ftate Map.
Within these districts all uses not allowed as permitted
uses or as permitted uses subject to special conditions
shall be and are hereby prohibited. Legal nonconforming
structures or uses existing on the effective date of
this chapter or amendment thereto will be permitted to
continue as provided in Section 62. 102.
65.103. Compliance.
Subdivision 1 . No use or occupation of any lands, for
any purpose whatsoever, shall hereafter be permitted
within the River Corridor�General Floodplain District
without full compliance with the terms of this chapter
and other applicable laws.
Subd. 2. No structure, fill, material or object shall
hereafter be placed on or removed from lands within
the River Corridor�General Floodplain Distriet, and
no structures or other object shall hereafter be
located, used, constructed, extended, converted, or
altered within the District without full compliance
with this chapter and other applicable laws.
Subd. 3. All proposed development on property which
is�olly or partially located within the River
Corridor�General Floodplain District of the City of
Saint Paul shall be submitted to the planning commission
for review to assure adherence to this chapter and
other applicable laws.
6
' � � ,�; '��,'�
Subd. 4. All requests for building permits for new
� structures or for additions to existing structures
which are wholly or partially located within the RC-1,
RC-2, and General Floodplain Districts shall include
the mean sea level (m. s.l. ) elevation of the first
flood (including basement) and the elevation to which
structures or additions to structures will be
flood-proofed.
• 65.200. River Corridor.
65.210. RC-1 River Corridor Floodway District.
65.211. Princi al uses ermitted. The following uses
s a 1 be permitted within the RC-1 Floodway District
to the extent that they are not prohibited by any other
provision of the Zoning Code or other ordinances and
provided that they have a low �1ood-damage potential,
will not materially obstruet flood flows or increase
velocities or stages of the regional flood, and do not
require structures, fill , storage of materials or
stor3ge of equipment.
(1) Non-structural industrial-commercial uses such
as open-loading areas, parking areas, interior
service roads, airport service roads and airport
runways.
(2) Public and private recreational uses such as golf
courses, tennis courts, driving ranges, archery
ranges, picnic and camp grounds, boat launching
and beaching areas or ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game
farms, fish hatcheries, and hiking, bicycling,
horseback or recreational vehicle areas and
trails, and other open space uses.
(3) Accessory residential uses such as lawns, gardens,
parking areas, and play areas.
In addition, no permitted use within the Floodway District
shall adversely affect the hydraulic capacity of the
channel or floodway or any tributary to the main stream
or of any ditch or other drainage facility or system,
and no use shall be permitted which is likely to cause
pollution of waters, as defined in Minnesota Statutes,
Section 115.01, unless adequate safeguards, approved
by the state pollution control agency, are provided.
7
Permitted uses are subject. to applicable standards in
Section 65.400 et seq.
65.212. Principal uses permitted subject to special
conditions. The following uses, if not prohibited by any
o.ther provision of the Zoning Code, which involve
placement or use of temporary or permanent structures,
fill, materials or equipment in the Floodway District
may be permitted therein upon application and issuance
of a conditional use permit by the planning commission,
' subject to the standards contained herein pertaining
to floodway conditional uses and to standards contained
in Section 65.400 et seq.
(1 ) Railroads, highways, streets, alleys, access roads,
bridges, sewers, utilities, utility transmission
lines and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors,
wharves, water control structures and navigation
facilities.
(3) Storage yards or areas for equipment, machinery
or bulk materials.
(4) Use or placement of structures accessory to
permitted or open space uses.
(5) Placement of fill accessory to permitted uses.
(6) Structural works for flood control. "
Structural works for flood control include, but
are not limited to, dams, levees, dikes and
floodways. In addition, any proposed work in
the beds of public waters which will change the
course, current, or cross-section of the waters
shall be subject to the provisions of Minnesota
Statutes, Chapter 105, other applicable laws, and
the following provisions:
(a) The minimum height and design of any dikes,
levees, floodwalls, or similar structural
works shall be at least three feet above the
elevation of the regional flood or standard
project flood, whichever is greater.
(b) Modifications and additions to the existing
structural works shall assure that the work
will not increase the flood-damage potential
in the area.
8
(7) Other uses similar in nature to uses described as
permitted or conditional uses which are consistent
� with the provisions of the statewide standards
and criteria for management of floodplain areas
of Minnesota adopted by the Minnesota department
of natural resources and with the city' s
comprehensive river corridor development plans.
' 65.213. Standards for floodway conditional uses. All
conditional uses in the Floodway are subject to the
applicable standards in Section 65. 400 et seq. In
addition:
(1) No structure (temporary or permanent� , fill
deposit (including fill for roads and
levees)., obstruction, storage of materials or
equipment, or__other use may be allowed which,
acting alone or in combination with existing or
anticipated future uses, unduly affects the
capacity of the floodway or unduly increases
flood heights or velocities. Consideration of
the effects of a proposed use shall be based on
the reasonable assumption that there will be an
equal degree of encroachment extending for a
significant reach on both sides of the stream.
(2) Structures in the floodway shall not be designed
for human habitation, shall have a low flood-damage
potential, and shall conform to the State Building
Code.
(3) Structures in the floodway shall be firmly
anchored to prevent flotation.
(4) Service facilities, such as electrical and heating
equipment, water and sanitary lines, shall be
installed at or above the regulatory flood protection
elevation for the particular area or adequately
flood-proofed.
(5) Public utility facilities, roads, railroad tracks,
and bridges within the floodplain shall be designed
to minimize increases in flood elevation and
shall be compatible with the city' s floodplain
development plans. Protection to the regulatory
flood protection elevation shall be provided
where failure or interruption of these public
facilities would result in danger to the public
9
health or safety or where such facilities are
essential to the orderly funetioning of the area.
Where failure or interruption of service would
not endanger life or health, a lesser degree of
. protection may be provided for minor or auxiliary
roads, railroads or utilities.
(6) The storage or processing of materials that
are in time of flooding buoyant, flammable,
= explosive, or could be injurious to human, animal,
or plant life is prohibited unless adequate
safeguards approved by the proper federal, state
and local agencies are provided.
(7) Storage of other material or equipment may be
allowed if not subject to major damage by floods
and if firmly anchored to prevent flotation or
readily removable from the area within the time
available af ter flood warning.
65.220. RC-2 River Corridor Flood Frin�e District.
65.221. Principal uses permitted. The following uses
shall be permitted uses within the Flood Fringe District
to the extent that they are not prohibited by any other
provision of the Zoning Code or other ordinance. They
are subject to the standards for Flood Fringe usage
contained herein and to those in Section 65.400 et seq.
(1) Any principal use permitted or conditional use
specified in Sections 65. 211 and 65. 212,
excluding structural works for flood control.
(2) Buildings, structures, and appurtenances that are
elevated on fill above the regulatory flood
protection elevation.
(3) Public utility facilities, roads, railroad tracks
and bridges that conform to the standards Yor
Flood Fringe uses.
In addition, no permitted use within the RC-2 Flood Fringe
District shall adversely affect the hydraulic capacity
of the channel or floodway o� any tributary of the main
stream or of any ditch or other drainage facility or
system, and no use shall be permitted or allowed
which is likely to cause pollution of waters, as
10
defined- in Minnesota Statutes, Section 115.01, unless
� adequate safeguards, approved by the proper state
agency, are provided.
Detailed plans shall be submitted to the planning
administrator for any development placed on the
floodplain landward from dikes, floodwalis, and
similar structures. The plans must provide for measures
to protect against flooding from internal drainage.
65.222. Standards for flood fr.inge uses. All uses
within the Flood Fringe District shall conform to the
following standards and those as provided in Section
65 . 400 et seq.
(1) Buildings and accessory structures for residential
uses shall be constructed on non-settling fill
so that the basement, cellar, or first floor,
if there is no basement or cellar, is above the
regulatory flood protection elevation. The
finished fill elevation shall be at or above the
established regulatory flood protection elevation
for the particular area and shall extend at such
elevation at least 15 feet beyond the limits
of any structure or building erected thereon.
(2) Buildings or structures for commercial uses
shall be constructed on fill so that the
cellar, basement, or first floor, if there is no
cellar or basement, is above the regulatory
flood protection elevation.
(3) Buildings, structures and appurtenances used for
manufacturing or industrial purposes shall be
protected to the regulatory flood protection
elevation by either construction on fill so that
the cellar, basement, or first floor, if there
is no basement or cellar, is above the regulatory
flood protection elevation, or by utilizing
approved flood-proofing construction to protect
to the regulatory flood protection elevation.
Measures shall be taken to minimize interfer.ence
with normal plant operations during anticipated
periods of flooding.
(4) Mining and extraction operations shall not be
permitted.
11
. i, " .,.� �/
(5) Islands shall be used only for public recreational,
historic preservation and wildlife preservation
purposes.
(6) Land accessory to commercial or industrial uses
such as yards, railroad tracks and parking areas
which are below the regulatory flood protection
elevation shall not be designed, designated or
used by the general public if the area is subject
• to inundation to a depth greater than two feet or
subject to flood velocities greater than four
feet per second upon the occurrence of the regional
flood .unless a flood warning system is provided.
(7) Al1 uses of the Flood Fringe District shall be
consistent with the provisions of the statewide
standards and criteria for management of floodplain
areas of Minnesota adopted by the Minnesota state
department of natural resources and with the city� s
comprehensive floodplain and river corridor
development plans.
65.223. Principal uses permitted subject to special
conditions. Uses other than those specified above and
not p�ohibited by the Zoning Code and other ordinances
shall be permitted only upon application and issuance
of a conditional use permit by the planning commission
and subject to the following provisions and to those
in Section 65.400 et seq.
(1) Where existing streets or utilities are at� elevations
which make compliance with this chapter impractical or in
o ther special circumstances, the planning commission
may authorize other techniques for protection of
structures. Structures other than residences that
ordinarily shall be elevated on fill as provided
above may, in special circumstances, be otherwise
elevated or protected to a point above the regulatory
flood protection elevation.
(2) For public utilities, roads, railroad tracks and
bridges where failure or interruption of these
public facilities would not result in danger to
the public health or safety or where such facilities
are not essential to the orderly functioning of the
area, a lesser degree of protection may be provided.
(3) Structural works for flood control may be permitted
provided that they comply with the standards for
12
floodway conditional uses set forth in Section
65.213.
(4) Waste treatment and waste disposal facilities that
conform to the standards for flood fringe uses may
be permitted and shall conform to the following
provisions:
(a) No new construction, addition, or modification
to existing waste facilities shall be permitted
within the floodplain unless emergency plans
• and procedures for action to be taken in the
event of flooding are prepared, filed with,
and approved by the Minnesota pollution control
agency. The emergency plans and procedures
must provide for measures to prevent introduc-
tion of any pollutant or toxic material into
the flood waters.
(b) There shall be no disposal of solid waste
materials within the floodplain.
65.230. RC-3 River Corridor Urban Open District.
65.231. Intent. It is intended that lands and waters
within this district shall be managed to conserve and
protect the existing and potential recreational, scenic,
natural, and historic resources. Open space provided
in the open river corridor is for public use and the
protection of unique natural and scenic resources.
The existing transportation role of the river in this
district will be protected.
65. 232. Principal uses permitted. In an RC-3 River
Corridor Urban Open overlay district, use of the land,
location and erection of new buildings or structures, and
the alteration, enlargement and moving of existing
buildings or structures from other locations or
districts shall conform to those specified uses and
standards of the corresponding underlying distri_ct
as established in Section 60. 3U1 _ .- _
to the extent that they are no�� prohibited by any other
p'rov�.sion . of the Zoning Code. In addition,
permitted uses shall be �ubject to the following
applicable standards and those in Section 65.400 et seq.
65.233. Standards for urban open uses.
(1) Development shall be limited to 40 feet in height.
(2) The .development of new and expansion of existing
commercial and industrial uses shall only be on
13
. ,, r, -r '�� %
f -� ,
d `; �-��
lands which are on the landward side of blufflines.
(3) Mining and extraction operations shall not be
permitted.
(4) Advertising signs shall not be permitted. Roof
signs or pole signs above the height of the
associated structure shall not be permitted.
' 65.234. Principal uses permitted sublect to special
conditions. Principal uses permitted subject to special
conditions are those specified by the corresponding
underlying district as established in Section 60.301
to the extent that they are not prohibited by any
other provision of the Zoning Code. They are subject
to standards specified in the corresponding underlying
district section and to those specified in Section
65. 400 et seq.
Such uses will be permitted only upon application and issuance
of a conditional use permit by the planning commission.
65.240. RC-4 River Corridor Urban Diversified l3ist�ict.
65.241. Intent. It is intended that the lands and waters
in this district be used and developed to maintain the
present diversity of commercial , industrial, residential,
and public uses of the lands, including the existing
transportation use of the river; to protect historical
sites and areas, natural scenic and environmental
resources; and to expand public access to and enjoyment
of the river. New commercial, industrial, residential,
and other uses are permitted if they are compatible with
these goals.
65.242. Principal uses permitted. In an RC-4 River
Corridor Urban Diversified overlay district, use of
the land, location and erection of new buildings or
structures and the alteration, enlargement and moving
of existing buildings or structures from other locations
or districts shall conform to those specified uses and
standards of the corresponding underlying district
as established in Section 60. 301 to the extent that
they are not prohibited by any other provision of the
Zoning Code. In addition, permitted use_s shall be '
subject to the standards specified in Section 65. 400
et seq. �
�4
� 65.243 . Principal uses permitted subject to special
conditions. Principal uses permitted subject to special
conditions are those specified by the corresponding
underlying district as established in Section 60. 301
to the extent that they are not prohibited by any other
provision of the Zoning Code. They are subject to
standards specified in the corresponding underlying
district section and to those :specified in S:�ction
65. 400 et seq.
Such uses will be permitted only upon application and
issuance of a conditional use permit by the planning
commission.
65. 300. GFP General Flood lain District (Outside the
River Corridor
65. 301. Princi al uses permitted. Permitted uses shall
include those uses permitted by Section 65.211.
65. 302. Principal uses permitted subject to special
conditions. Al1 other uses are conditional uses
and are permitted only upon the issuance of a special
use permit as provided in Section 65.500 et seq.
The General Floodplain District includes the entire
floodplain and does not differentiate between those
areas that are floodway and those areas that are
flood fringe. Because of this the planning
ad.ministrator shall determine whether the proposed use
lies in the floodway or flood fringe in accordance with
Seetion 65. 500 et seq . If it is determined that the
use lies in the floodway, the provisions of Section 65.210 et seq.
shall apply. If it is determined that the proposed use
lies in the flood fringe, the provisions of Section 65.220 et seq.
shall apply.
65. 400. River Corridor and General Floodplain
s andards and criteria.
65. 401 . Objectives. The objective of standards and
criteria is to maintain the aesthetic integrity and
natural environment of the river corridor .in conformance
to the St. Paul Mississippi ftiver Corridor Plan by:
reducing the effects of poorly planned shoreline and
bluffline development; providing sufficient setback
for sanitary facilities; preventing pollution of
surface and ground water; minimizing flood damage;
15
. . - �, >
preventing soil erosion; and implementing metropolitan
plans, policies and standards.
65. 410. STANDARDS AND ►:RITERIA
65.�411. Protection of shorelands, wetlands and bluffs.
Subdivision 1. Development shall be conducted so that
the smallest practical area of land be developed at any
• one time, and that each area be subjected to as little
erosion or flood damage as possible during and after
development.
Subd. 2. Placement of structures.
(1) No mobile home or mobile home park shall be
permitted in the River Corridor/General
Floodplain District.
(2) The structure or structures, if permitted and
applicable, shall be constructed and placed on
the building site so as to offer the minimum
obstruction to the flow of flood waters having,
whenever possible, the longitudinal axis
parallel to the direction of the flood flow,
and being, so far as practicable, placed
approximately on the same flow lines as
adjoining structures.
(3) The following minimum setbacks for each class
of public waters as described in Minnesota
Regulations NR,-82 shall apply to all structures
except those specified as exceptions in (g)
below.
- For Natural Environment Waters at least 200
feet from the normal high water mark for
lots not served by public sewer and at least
150 feet from the ordinary high water mark
for lots served by public sewers.
- For General Development Waters at least 75
feet from the normal high water mark for
lots not served by public sewer and at least
50 feet from the ordinary high water mark for
lots served by public sewer.
(4) No commercial or industrial development shall be
permitted on slopes greater than 12 percent.
�6
� (5) No residential development shall be permitted
on slopes greater th�n 18 percent.
(6) Bluff development shall take place at least
40 �eet landward of all blufflines.
(7) Transportation, utility and other transmission
service facilities and corridors shall avoid:
, (a) steep slopes;
(b) intrusions into or over streams, valleys
and open exposures of water;
(c) intrusions into ridge crests and high points;
(d) creating tunnel vistas;
(e) wetlands;
(f) forests by running along fringe rather than
through them. If necessary, to route through
forests, utilize open areas in order to
minimize cutting;
(g) soils susceptible to erosion, which would
create sedimentation and pollution problems;
(h) areas of unstable soils which would be subject
to extensive slippages;
(i) areas with high water tables; and
(j ) open space recreation areas.
(8) At river crossing points, public facilities,
crossing corridors and other rights-of-way shall
be consolidated, so that the smallest area
possible is devoted to crossing.
(9) Exceptions:
- Location of piers and docks shall be controlled
by applicable state and local regulations.
- Commercial , industrial or permitted open space
uses requiring location on public waters may
be closer to such waters than the setbacks
specified in standard (3) above.
17
Subd. 3. Grading and filling.
(1) A minimum amount of filling shall be allowed when
necessary, but in no case shall the following
restrictions on filling be exceeded. Furthermore,
� fill opportunities shall be fairly apportioned ,
to riparian land owners. The developer shall
evaluate ownership patterns, configuration and
the bottom profile of each wetland basin before
, fill opportunities are apportioned.
(2) Grading and filling in shoreland areas (when
allowable) or any other substantial alteration .
of the natural topography shall be controlled
in accordance with the following criteria:
- The smallest amount of bare ground shall be
exposed for as short a time as feasible.
- Temporary ground cover shall be used.
- Methods to prevent erosion and trap sediment
shall be employed.
- Fill shall be stabilized.
(3) Any fill or other material proposed to be
deposited in the floodplain must be essential
to carry out the permitted uses within the
floodplain and it must not impede the hydraulic
capacity of the floodplain or unduly increase
the velocity of any potential flood. The amount
thereof must not exceed that necessary to achieve
the intended purpose, and it shall be protected
against erosion by riprap, vegetation cover,
or bulkheading.
(4) Only fill free of chemical pollutants and organic
wastes shall be used.
(5) Total filling shall not cause the total natural
flood storage capacity of the wetland to fall
below the natural volume of runoff from the
wetland and watershed generated by a 100 year
storm, as defined by the National Weather Service.
(6) Solid waste disposal and landfill shall not be
permitted in the River Corridor District.
18
� �? `�,_ r - ;�'
(7) Development shall fit existing topography and
� vegetation with a minimum of clearing and
grading.
(8) No rehabilitated slopes shall be steeper than
18 percent slope.
(9) Dredging of a shoreland or wetland shall be
allowed only when it will not have adverse
effect upon the wetland. Dredging when allowed
shall be limited as follows:
— It shall be located in the areas of minimum
vegetation.
— It shall not significantly change the water
flow characteristics.
— The size of the dredged area shall be limited
to the absolute minimum.
— Deposit of dredged material shall not result in a
change in the current flow, or in destruction of
vegetation or �ish spawning areas, or in
water pollution.
65. 412. Protection of wildlife and vegetation. Development
sha,ll be conducted so as to avoid intrusion into animal
and plant habitats. ' �
(1) No alteration of the natural environment or removal
of vegetation shall be permitted when such altera—
tion or removal would dim�nish the ability of
dependent wildlife to survive in the River Corridor.
(2) No wetland or bluffline vegetation shall be removed
or altered except that required for the placement
of structures.
(3) Clear cutting shall be prohibited except as
necessary for placing approved public roads,
utilities, structures and parking areas.
(4) Natural vegetation shall be restored after any
construction project.
(5) Watering areas necessary for plant survival shall
be maintained or provided.
i9
• �
� � � rf �
(6) Development shall not cause extreme fluctuations
of water levels or unnatural changes in water
temperature, water quality, water currents or
movements which may have an adverse impact on
endangered or unique species of birds or wildlife.
65. 413. Protection of water quality.
Subdivision 1. Development shall occur so that
• surface and subsurface water is not adversely affected
by contaminants. Water quality should meet or
exceed state standards.
Subd. 2. Contamination.
(1) Development shall not be permitted on wet soils,
very shallow soils, soils with high shrink-swell,
or frost action potential unless it is shown
that appropriate construction techniques capable
of overcoming the restrictive condition will be
utilized.
(2) Septic tanks and soil absorption systems shall
not be permitted where public sewer systems are
available. In areas where public sewers are
not available, systems shall be set back from
the normal high water mark in accordance with
the class of public waters as prescribed in
Minnesota Regulations NR-82:
- On Natural Environment Waters, at least 150 feet.
- On General Development Waters, at least 50 feet.
(3) Private wells shall be placed in areas not subject
to flooding and up slope from any source of
contamination. Wells already existing in areas
subject to flooding shall be flood proofed in
accordance with accepted engineering standards
as defined in the Uni��rm State Building Code.
(4) Commereial or industrial land uses requiring the
storage or production of materials or wastes that
may create a pollution hazard for groundwater or
surface water shall be prohibited unless the
quality of both the groundwater and surface
waters can conform to all applicable state
and federal standards, criteria, rules and
regulations.
20
� `?�=; ; j
� Subd. 3. Runoff.
(1) The phases of development shall be planned so
that only areas which are actively being
developed are exposed. Other areas shall have
cover of vegetation or mulch.
(2) Natural vegetation in shoreland and bluff areas
shall be preserved to retard surface runoff and
soil erosion and to utilize excess nutrients.
(3) Sediment shall be retained within the development
site area either by filtering runoff as it flows
through the development area or by detaining
sediment—laden runoff in a sediment basin
so that the soil particles settle out.
(4) Water released to a drainage system shall be
directed in such a manner as to travel over
natural areas rather than across contaminated
surfaces.
(5) Stormwater runoff may be directed to wetlands only
when free of silt, debris and chemical pollutants
and only at rates which will not disturb
vegetation or increase turbidity.
(6) Development which takes place near slopes greater
than 12 percent shall not result in increased
runoff onto those slopes sufficient to damage
vegetation or structures thereon.
6�. 500. River Corridor and G�eneral Flood Plain conditional
use permits.
65. 501 . Application. Conditional use permits shall be
issued by the planning commission, except that the
planning commission may delegate authority to issue
conditional use permits to the planning administrator
according to rules which the commission may prescribe.
Such rules will be filed with the office of the city
clerk. Applications shall be submitted to the
planning administrator together with application fee
in the amount det-ermin.e.d by the city council . Upon
receipt of an application, the planning administrator
shall determine whether to require any or all of the
following four items of information supplied by the
applicant as a prerequisite to the consideration of
the application:
21
�, ;�'
' �-' % `' /
(1) Plans in triplicate drawn to scale prepared by and
signed by a registe�ed engineer, architect and�or
land surveyor as applicable, showing the nature,
location, dimensions and elevation of the land;
existing surface contours, structures, streets
and utilities; proposed surface contours, structures,
� fill and the location and elevations of proposed
streets, water supply, sanitary facilities and
other utilities showing the relationship of the
above to the channel and to the designated River
, Corridor or General Floodplain District limits.
(2) Typical valley cross-sections of areas to be
occupied by the proposed development showing the
channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
(3) Plan (surface view) of the proposed development
showing the proposed use or uses of the area
and structures and providing location, relationships
and spa�ial arrang�ements •of those uses and
related structures to pertinent elevations, fill,
storage location, utilities and other features.
(4) Profile showing the slope of the bottom of the
channel and flow lines of the stream.
65. 502. Other permits. Applicable conditional use permits
for lands in the designated River Corridor District and
General Floodplain District must be obtained prior
to application for all other permits required by law
and ordinance. Zor�ing and conditional use permits for
River Corridor and General Floodplain areas are
supplementary to other zoning and building permits.
6�j. 503. Factors considered. In passing upon conditional
use permit applications, the planning commission or
planning administrator shall consider all relevant factors
specified in other sections of this chapter and
(1 ) The relationship of the proposed use to the
comprehensive plan and floodplain management program
for the city.
(2) The importance of the services provided by the
proposed facility to the community.
(3) The compatibility of the proposed use with
existing development and development anticipated
in the foreseeable future.
22
.
� `i l�� �� `f/ /
(4) The ability of the existing topography, soils,
and geology to support and accommodate the
� proposed use.
(5) The compatibility of the proposed use with
existing characteristics of biologic and other
natural communities.
(6) The proposed water supply and sanitation systems
and the ability of these systems to prevent
disease, contamination, and unsanitary conditions,
('7) The requirements of the facility for a
river—dependent location, if applicable.
(8) The safety of access to the property for
ordinary vehicles.
(9) The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner.
(10) The dangers to life and property due to increased
flood heights or velocities caused by encroachments.
(11) The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site.
(12) The danger that materials may be swept onto other
lands or downstream to the injury of others.
(13) The availability of alternative locations or
configurations for the proposed use.
(14) Such other factors as are relevant to the purposes
of this chapter.
65. 504. Hearin�. Within 60 days from the date of
application for conditional use permit, the planning
administrator shall submit the application together with
additional information obtained under Section 65. 501
to the planning commission. Unless the authority to
issue the conditional use permit has been delegated
to the planning administrator, the commission shall
then fix a time for hearing and give the applicant
at least ten days ' written notice thereof. At the
hearing, the commission shall hear the report of the
planning administrator, and the applicant shall be
given reasonable opportunity to be heard.
23
. ! ...y � . / �!'
C.,/ a- .. �,A ::1 /
65. 505. Decision, permit. Based upon all the reports,
recommendations and evidence presented to the
commission, the commission shall render its written
decision within a reasonable time following the
hearing, and a copy of such decision shall be mailed
to the applicant. In granting a conditional use
permit the commission may prescribe any appropriate
conditions and safeguards which are in conformity
with the purposes of this chapter.
65.506. Subject to appeal. All decisions by the planning
commission or planning administrator granting or
denying a conditional use permit shall be final
subject to appeal to the city council as outlined
herein.
65. 507. Notify commissioner of natural resources.
A copy of the application for the proposed conditional
uses shall be submitted to the commissioner of natural
resources sufficiently in advance so that the commissioner
will receive at least ten days' notice of the hearing.
A copy of all decisions granting conditional use permits
shall be forwarded to the commissioner of natural
resources within ten days of such action.
65. 508. Conditions imposed. The planning commission or
planning administrator may attach such conditions to
the granting of conditional use permits as each deems
necessary to fulfill the purposes of this chapter.
Such conditions may include, but are not limited to,
the following:
(1) Modifications of design, site planning, or site
treatment.
(2) Requirements for implementation of erosion and
sediment control , vegetation management, wildlife
management and other protective measures.
(3) Modifications of waste disposal and water supply
facilities or operations.
(4) Limitations on period of use and operation.
(5) Imposition of operational controls, sureties, and
deed restrictions.
24
(6) Requirements for construction of channel improvements,
� modifications, dredging, dikes, levees, and other
protective measures.
(7) Flood proofing measures shall be designed consistent
with state established flood proofing standards
and with the flood protection elevation for the
particular area including flood velocities,
duration and rate of rise, hydrostatic and hydrodynamic
forces, and other factors associated with the
• regulatory flood. The commission shall require
that the applicant submit a plan or document certi-
fied by a registered professional engineer or
architect that the flood proofing measures are
consistent with the regulatory flood elevation
and associated flood factors for the particular
area. The flood proofing measures that may be
required include, but are not limited to, the
following:
(a) Anchorage to resist flotation and lateral
movement.
(b) Installation of watertight doors, bulkheads
and shutters, or similar methods of construction.
(c) Reinforcement of walls to resist water
pressure.
(d) Use of paints, membranes, or mortars to
reduce seepage of water through walls.
(e) Addition of mass or weight to structures
to resist flotation.
(f) Installation of pumps to lower water levels
in structures.
(g) Construction of water supply and waste
treatment systems to prevent the entrance of
flood waters.
(h) Installation of pumping facilities or
comparable practice for subsurface drainage
systems for buildings to relieve external
foundation wall and basement floor pressures.
(i) Construction to resist rupture or collapse
caused by water pressure or flaating debris.
25
� � � � ���� ./
G- l' /,
(j ) Installation of valves or controls on sanitary
and storm drainage which will permit the drains
to be closed to prevent back—up of sewage and
storm waters into the buildings or structures.
Gravity draining of basements may be eliminated
by mechanical devices.
(k) Location of all electrical equipment, circuits,
� and installed electrical appliances such that
they are not subject to the regional ' �
flood.
• (1) Location of any structural storage facilities
for chemicals, explosives, buoyant materials,
flammable liquids, or other toxic materials,
which c�ould be hazardous to public health,
safety, and welfare, above the flood protection
elevation or provision of adequate flood
proofing to prevent flotation of or damage to
storage containers which could result in the
escape of toxic materials into flood waters.
(8) Specifications for building construction and
materials , filling and grading, water supply,
sanitary facilities, utilities and other work
or construction to be submitted to the city
division of housing and building code enforcement
for review and approval prior to any development.
65.600. Appeal . Notwithstanding any other provision
of the Zoning Code, appeals from the decisions of the
planning commission or planning administrator on
floodplain matters may be taken directly to the city
council. Appeals shall be initiate�i by filing of a
written notice of appeal and a written statement containing
the factual basis of the appeal, together with a copy of
the decision, with the city clerk within 30 calendar
days from the date of issuance of such decision. The
clerk shall report the filing of such notice of appeal
at the council meeting next following said filing, and
the council shall fix a date for hearing. The clerk
shall notify the appellant and the planning administrator
of the public hearing date. The council shall hear all
persons and all objections and recommendations relative
to the decision, and the council may grant or deny the
application. If the council should grant a conditional
use permit, it may prescribe appropriate conditions
and safeguards in conformity with this chapter. The
council ' s decision shall be final subject to review
of the district court of Ramsey county in accordance
with the provisions of Minnesota Statutes, Section 462. 36i.
�
,
� � � -� ._� 1 - /�
� 65. 650. Modifications. The planning commission is
hereby authorized to recommend modifications to the
provisions of this chapter where it appears that by
reason of exceptional circumstances the strict
enforcement of this chapter would cause undue
hardship and strict conformity with the standards
would be unreasonable, impractical and not feasible
under the circumstances. Modifications granted by the
planning commission shall be consistent with the
= general purposes of the standards contained in this
chapter and state law and the intent of applicable
state and national laws and programs. Although
modifications may be used to modify permissible
methods of flood protection, no modification shall
have the effect of allowing in any district uses
prohibited in that district, permit a lower degree
of flood protection than the flood protection elevation
for the particular area, or permit a lesser degree of
flood protection than required by state law. Appeals
from the decision of the planning commission may be
taken to the city council in accordance with Section
64. 205.
A copy of the application for a modification shall be
submitted to the commisGioner of natural resources
sufficiently in advance so that the commissioner will
receive at least ten days' notice of the planning
commission hearing. A copy of all decisions granting
modifications shall be forwarded to the commissioner
of natural resources within tEn days of such action.
65.700. Amendments. The flood plain designations
established by this chapter shall not be removed
from flood plain areas unless it can be shown that
the designation is in error or that the areas are
filled to an elevation at or above the flood protection
elevation and a re contiguous to other lands lying
outside the flood plain district. All amendments
shall be made in the manner set f�rth in Minnesota
Statutes, Section 462. 357, and shall be submitted
to the commissioner of natural resources and the
federal insurance administration for their approval
prior to adoption by the city council.
2'7
~ � f l ... s/� �� � /
Section 5.
This ordinance shall be deemed a part of the Saint
Paul Legislative Code and shall be incorporated therein
and given an appropriate chapter and�or section number
at the time of the next revision of said Legislative Code.
Section 6.
This ordinance shall take effect and be in force
, 30 days �rom and after its passage, approval and
publication.
28
i . � ��
\ %
" RECEIVED
�F� - `1�198t
. � ��rY ATTORNEY
� r g
lst_ ��� 2nd �0%
� ,� -
3rd �Q�� Adopted
' Yeas Nays
MCMAHON
�
HUNT
LEVINE
�DOX 2�73�749
SHOWALTER
TEDESCO
PRESIDENT (HOZZA)
e�%EIr - �AypqTMENT (�ITY O SAINT ��AUL File,�+�NO. � a � 1 '�V
.
� � in�nce Ordinance N O.
.
Presented By
Referred To Committee: Date
Out of Committee By Date
. un �
An ordinance amending Chapters6a� the
Saint Paul Legislative Code pertaining to
. zoning.
WHEREAS, the Planning Commission of' the City of Saint Paul
and the City Council have adopted an amendment to the City's
Comprehensive Plan regarding the Mississippi River Corridor as
' a critical area and which amendment to the Comprehensive Plan
would require amendments to the City' s zoning ordinances; and
WHEREAS, the Planning Commission has made a survey of the
City of Saint Paul and has determined that it would be impractical
to obtain the consent of the necessary two-thirds of contiguous
property owners to effectuate the necessary zoning amendments; and
WHEREAS, the Planning Commission has conducted a public hear-
ing on July 27, 1979 wherein it considered the proposed zoning code
amendments, and having found and determined that the proposed
amendments are in keeping with existing uses and to a plan for
future land use for the City, the Planning Commission has recom-
mended its approval to the proposed rezonings; and
WHEREAS, the City Council having considered the report and
recommendation of the Planning Commission contained in Planning
Commission Resolution No. 7987 adopted July 27, 1979, and having
conducted a public hearing on the proposed zoning code amendments;
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That pursuant to the authority granted by and in accordance
with the procedures set forth in Minn. Stat. �S 462 . 357, the Council
COUNCILMEN Requested by Department of:
Yeas Nays
B�t�er Planning & Economic Development
Hozza In Favor
Hunt �u��`�"
Levine Against By -
Maddox
Showalter J
Tedesco Form Approved ity Attorney
Adopted by Council: Date , /
Certified Passed b Council Secretary By -, - f J / �
Y ,�
By
Approved by Ma}�or: Date Approved by Mayor for Submission to Council
B ` � `— << � �`� L� �"'J �
B�' ---- - y s � �- . -
/ �
` ������•L7
of the City of Saint Paul does hereby amend the zoning classifi-
cations in the manner and form as shown on the attached zoning maps
of the City of Saint Paul, Sheet Nos . 3, 6 , 9, 10, 16 , 17, 21,
22, 23, 25, 27-44 , as incorporated by reference in Section
(�,`��� of the Saint Paul Legislative Code.
Section 2 .
� That Sections 60 . 590 through 60 .850 of the Saint Paul Legis-
lative Code be and are hereby repealed in their entirety .
Section 3 .
That Chapter 60 of the Saint Paul Legislative Code pertaining
to zoning, be and the same is hereby amended so as to add the fol?ow-
ing definitions to said chapter and tr.e City Attorney is hereby
authorized and directed to assign the new definitions appropriate
section numbers when the Legislative Code shall be recodified:
� 60. 301 : DEFINITIONS
"Backwater" means a body of water connected with, but little affected byl the main strea���.
"Barge Fleeting Area" means 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" means a basin, usually adjacent to a wharf, jetty, dock or other cargo
handling facility, where barges are brought for the purpose of loading or unloading
cargo. �
/
"Bluffline" means a line delineating t o of a slop connectin e points at ich
the slope becomes ]ess than 18�. ore than one bluffline m e encountered proceeding
landward from the water. .--�
"Clear Cutting" means the removal of an entire stand of trees and shrubs.
"Cluster Development" means a pattern of subdivision wh,ich places housing units into
contact groupings while providing a network of commonly owned or dedicated open space.
-2-
� ������
"Development (River Corridor District. Only)" means the making of any material change in
the use or appearance of any structure or land including, but not limited to: a recon-
. struction, alteration of the 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 structure; clearing of land'
� as an adjunct to construction� deposit of refuse, solid or liquid waste, or fill on a
parcel of land; or the dividing of land into two or more parcels.
"�rosion" means the general process by which soils are removed by flowing surface or
subsurface water or by wind. �
"Floed �egional3" means a flood which is representative of large floods known to have
occur�red and characteristic of what can be statistically expected to occur on an
average of once every 100 years and have water surface elevations equal to those filed
with and made. a part of the Flood Plain District Zoning Map.
Z "Flood �andard�oject�" means the flood that may be expected from the most severe
comb�nat�on of the meteorological and hydrological conditions that is considered reasor-�-
ably characteristic of the St. Paul geographic area, excluding extremely rare combina-
tions. Such floods are intended as orartic-ablP Pxores�innc�f tn��Pe of protectiun
that should be sought in the design of flood control works, the failure of which migh�;
�/,;� be disastrous.
r�
"Flood Plain" means the areas adjoining a watercourse at or below the water surface
elevation associated with the regional flood that have been or hereafter may be covered
by the regional flood.
"Flood Protection Elevation" means that elev�ation not less than one foot above the water
surface profile associated with the regional flood plus any increases in flood heights
attributable to encroachments on the flood plain.
"Flood Proofing" means those methods of construction described in the Uniform State
Building Code which when applied to structures or properties�will prevent or mitigate
damage from floods l
"Floodway" means the channel of the watercourse and those por,tions of the adjoining
flood plains 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. .
—3—
� Y ����e��
"Flood Fringe" means that portion of the flood plain outside of the floodway.
"Landscaping" includes plants such as trees, grass and shrubs.
Major�xpansion means an expansion involving a 20X or greater addition to the t�tal
"land area presently covered or used by a residential , �industrial , corrornercial , recrea-
tional or public facility.
`1��ing means the extraction of sand, gravel , rock, soil or other material from the
11land in the amount of one thousand cubic yards or more and the removing thereof from
the site without processincy with the 'exception of the removal of materials associated
witn construction of a bui'(dinc�which is approved � in a building permit.
"Mississippi River Corridor" means that area of the cit� within the boundaries of the
Missi'ssippi River Corridor Critical Area, established by Executive Order �79-19.
"Normal �ghwater t�ark" means a mark delineating the highest water level that has been
maintained for a sufficient period of time to leave evidence of the level upon the land-
scape. It is commonly that point where the natural vegetation changes from predomi-
nantly 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 , backwaters, and sloughs. �
"Ponding Area" means a basin which retains sto►mwater runoff .from an adjacent area.
"Regulatory �lood�otection,�levation" means that elevation not less than one foot
above the water surface �profile associated with the regional flood plus any increases
in flood heights attributable to encroachments on the flood plain. �
"Sewage�isposal fl,�stem" means any system for the collection, treatment, and dispersion
of sewage, including, but not limited to, septic tank soil absorption systems.
"Shoreland" means land located within the following distances from public waters:
(a ) 1 ,000 feet from the normal high water mark of a lake, pond, or flowage; and
(b) 300 feet from a river or stream, or the landward extent of a flood plain designated
by ordinance on such a river or stream, whichever is greater. The practical limits of
shore�ands may be less than the statutory limits whenever the waters involved are
bounded by natural topographic divides which extend landw rd from the waters for lesser
distances , as determined by the Minnesota�fepartment of�tural�sources.
-4-
� . ,�.�����
"Steep �pes" means slopes which are steeper than 100 feet horizontal to 12 feet
vertical but are not steeper than 100 feet horizontal to 18 feet vertical (12%-18�).
"Very Steep Slopes" means slopes which are steeper than 100 feet horizontal to 18 feet
vertical (18% and over}. .
fr•eeline means the more or less continuous line formed by the tops of trees in a
„wuoded area when viewed from a particular point. Such line shall be determined durin��
�11 seasons as if under full foliage.
"Wetlands" means low-lying areas 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 ad�acent to or within natural
drainage-ways or as free-standing low areas. Wetland shall consist of types 1-8 as
d�finea in U.S.D. I. Fish and Wildlife Service Circular 39.
Section 4.
That Chapter 60 of the Saint Paul Legislative Code pertaining
, to zoning is hereby amended so as to add the following sections�
thereto: � 0 IV �rN �► C O � Cr �, ( t/ e � � -r �
i �� /OV.
ID��90 RC-RIVER CORRIDOR/GENERAL FLOODPLAIN DISTRICT •
� �d�
�'�INTENT: � " :
The River Corridor District and its subclassifications, RC-1 , RC-2, RC-3, RC-4, and the
General Floodplain District GFP (outside the River Corridor) , are map overlay districts,
designed to provide comprehensive floodp�ain and river bluff management for the City of
St. Paul in accordance with the policies of Minnesota Statutes (Chapters 104 and 116G) ,
Minnesota Regulations (MEQC 54) and Governor's Executive Order �9-79.
0 0. p.
Floodway maps�4�,� 47, 48, 49 and 50 adopted by the�ty �uncil , Ordinance 6433, the
"Flood Insurance Study" for the City of St. Paul , Minnesota, prepared oy the Federal
Insurance Administration, and the "Flood Insurance Rate Map" for the City of St. Paul ,
prepared by the Federal. Insurance Administration, are hereby adopted by reference and
declared to be a part of this . ' � r -�e�''
C..crK�"'
�
-5-
• ' �' E � �! '3:�
,i �8 �/
G6 ESTABLISHMENT: e �
�. k���
The are�within jurisdiction of this e�rd�rrs�rlL'2 are hereby divided into five districts:
. . G��<
RC-1 River Corridor Floodway District, as determined by this o and the Flood
Insurance Rate Map; � ' ��,p�'d�
RC-2 River Corridor Floo ringe District, as determined by this a�� and the
Flood Insurance Rate Map; p �.,��
RC-'3 River Corridor Urban Open District, as determined by this c�d.��mCe���. � k6�
RC-4 River Corridor Urban Diversified District, as determined � this o , and �C�
GFP General Floodplain District (outside the River Corridor) , as designated by
unnumbered A Zones on the Flood Insurance Rate Map.
Within these district� all uses not allowed as.�ermitted �es or as �rmitted�ses
�ibject to �iecial �6nditions shall be ai;d are hereby prohibited. Legal nonconforming
structures or uses existing on the effective date of this or amen men ��
th�etc�+ill be permitted to continue as provided in Section 62.�02s �!
G� :� � �
o COMPLIANCE: '
a� �
" G�!ry No use or occupation of any lands, for any purpose whatsoever, shall hereafter be
be permitted within the River Corridor/General Floodplain District without full
complian,ce with the terms of this ^��'�^�°dzand other applicable laws _C �
�l� . �fer`
�� No structure, fill , material or object shall hereafter be placed on or removed fr�m
lands within the River Corridor/General Floodplain District, and no structures or
other object shall hereafter be l.ocated, used, constructed, extended, converted, or
altered within the District without full compliance with this � C d other
� applicable laws; r @,
S �" �All proposed development or� property which is wholly or partially located within
the River Corridor/General Floodplain District of the�ty of St. Paul shall be
submitted to the �'fanning ommission for review to assure adherence this
and other appli able laws. �p
C���r
P
�
—6—
. � ' ��y^�
,t`f ��
Y �.�
' � �
��
� All requests for building permits for new structures or for additions to existing
structures which are wholly or partially located within the RC-1 , RC-2, and General
� Floodplain Districts shall include the mean sea level (m.s. l . ) elevation of the
first flood (including basementl and the elevation to which structures or additions
to truct es wi1 e flo proofed.
�� � 1���� Ga ��140 •
��" 60.594 RC-1 RIVER CORRIDOR FLOODWAY DISTRICT �
�
i �� �1.595 PRINCIPAL USES PERMITTED: Gp1�
� �
��• The following uses shall be permitted within the RC-ln Floodway Distric to the extent
th�t they are not prohibited by any other provision o� the Zoning or other
ordinances and provided that they have a low flood=damage potential , will not
materially obstruct flood flows or increase velocities or stages of the regional flood,
nd do not require structures, fill , storage of materials or storage of equipment.
C� . Non-structural industrial-corrpnercial uses such as open-loading areas, parking areas,
interior service roads, airport service roads and airport runways.
C'V� Public and private recreational uses such as golf courses, tennis courts, driving
ranges , archery ranges, picn�c and camp grounds, boat launching and beaching areas
✓ or ramps, swimming areas , parks , playgr.ounds , wildlife and nature preserves, game
�` farms, fish hatcherie�and hiking, bicycling, horseback or recreational vehicle
. areas and trails, and other open space uses. ,
� . Accessory residential uses such as lawns, gardens, parking areas, and play areas.
In addition, no permitted use within the Floodway District shall adversely affect the
hydraulic capacity of the channel or floodway or any� tributary to the•main stream or ot
any ditch or other drainage facility or system�and no use shall be permitted which is
likely to cause pollution of waters, as defined in Minnesota Statutes Section 115.01 ,
unless adequate safeguards, approved by the�8'tate�ollution �C'ontrol �ency, are
provided.
' _ ,�',�� o ef S�'
�rmitted uses are subject to applicable standards in Section 60 � . li� '
��l60,,596 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS:
7j` %
� The follo�•�ing uses, if not prohibited by any other provision�f the Zoning Code, wiiich
involve placement or use of temporary or permanent structures , fill , material or equip-
ment in the Floodwa District may be permitted therein upon application and issuance ot
a,e'onditional �se �rmit by the anning,�orr�nission, subject to the standards containe�
herein pertaining tg oodway onditional �ses and to�8'tandards contained in
Secti on �j,1.6��6':��`, � �� �f s.to�
t
�� . Railroads , hignways , streets ,•alleys, access roads, bridges, sewers, utilities,
utility transmission lines and pipe lines.
C�3� Fiarinas, boat rentals , docks , piers , mooring anchors, wharves, water contro7 struc-
tures . and navigation facilities.
• —7—
. • � • ���t��[.i��'�1
�,�� Storage yards or areas for equipment, machinery or bulk materials.
C(f�. Use or placement of structures accessory to permitted or open space uses.
��E� Placement of fill accessory to permitted uses.
G Structural�rks for�lood�ontrol . be�s
( �
Structural works for flood control include, but are not limited t� dams, levees,
dikes and floodways. In addition, any proposed work in the b' of public waters
which will change the course, current, or cross-section of � e waters shall be
subject to the provisions of Minnesota Statutes, Chapter 105, other applicable laws,
�and the following provisions: .
��1�. The minimum height and design of any dikes, levees ,� floodwalls, or similar
structural works shall be at least three feet above the elevation of the
regional flood or standard project floo�whichever is greater.
��a. .Modifications and additions to the existing structural works shall assure that
the work will not increase the flood-damage potential in the area.
C�G Other uses similar in nature to uses described as�rmitted or�ditional �Qses
which are consiste� with the rovisions of the statewide standards and criteria
for management of loodplain�eas of Minnesota adopted by the Minnesota ,�—
� �lepartment ofjf�atural �ICesources and with the city's comprehensive�iver�rridor
�velopment plans. . ,
�'���1 STANDARDS FOR FLOODWAY COND.ITIONAL USES .
' All �onditional �es in the Floodway are subject to the applicable andards in
Section 6<sl,.,F�1�. In `ad ition:� � d�peS�� Z
�1.�yo�' `� .
��. No structure (temporary or permanent) , fill�(including fill for roads and levees)
•�v�s�. obstruction,: storage of materials or equipment, or other use may 5e �
allowed which, acting 'alone or in combination with existing or anticipated future
uses , unduly affects the capacity of the floodway or unduly increases flood heights
or velocities. Consideration of the effects of a proposed use shall be based on
the reasonable assumption that there will be an equal degree of encroachment extend-
ing for a significant reach on both sides of the stream.
CStructures in the floodway shall not be designed for human habitation, sha11 have a �
low flood-damage potential , and shall conform to the State Building Code.
� . Structures in the floodway shall be firmly anchored to prevent flotation. �
, / . Service facilities, such as electrical and heating equipment, water and sanitary
( "1 lines , shall be installed at or above the regulatory flood protection elevation for
� the particular area or adequately flood proofed.
—8—
� � � � ���'��9
� . Public utility facilities, roads, railroad tracks, and bridges within the flood-
� plain shall be designed to minimize increases in flood elevation and shall be
compatible with the city's floodplain development plans. Protection to the regula-
tory flood protection elevation shall be provided where failure or interruption of
these public facilities would result in danger to the public health or safety or
where such facilities are essential to the orderly functioning of the area. Where
failure or interruption of service would not endanger life or health, a lesser
degree of protection may be provided for minor oi, a�xiliary roads, railroads or
utilities.
C� F. The storage or processing of materials that are in time of flooding buoyant,
've o o b la
' � flammable, explos� , r c uld e injurious to human, animal , or p nt life is
prohibited unless adequate safeguards approved by the proper federal , state and
local agencies are provided. � •
�1 . Storage of other material or equipment may be allowed if not subject to major
an 'f i n flotat'on r read'
damage by floods d i f rmly anchored to preve t i o ily removable
Ofrom the area within the time available after flood warning.
/, �6G,•b�48�''�RC-2 RIVER CORRIDOR FLOOD FRINGE DISTRICT
1�� �
0.599 PRINCIPAL USES PERMITTED: (�bd�
�'
The following uses shall be�rmitted�es within the Flood Fringe District to t
extent that they are not prohibited by any other provision of t�ie Zoning ' or
other ordinance. They are subject to the�t ndards for�ood�ringe usage contained
,
�� herein and to th�se in Section :6�6�6T'6. G,����� �QO-r�.�.����...,. ��.���
. . �
�`� ��•, Any principal use permitted or conditional use specified in Sections-fi8-595, and
�,v �0-.596, excluding�erefrom `structural works for flood control .
� - ��.��y �--- .
��l Buildings, structures, and appurtenances that are elevated on fill above the
/ regulatory flood protection elevation.
; � .
; (�j Public �lity acili ies, roads, railroad tracks and bridges that conform to tt�e
� �J� standards for ood rin e uses.
� � g 1t �
�
; In addition, no permitted use within the RC-?�Flood Fringe District shall adversely
affect the hydraulic capacity of the channel or floodway of any tributary of the main
stream or of any ditch or other drainage facility or system,�. and no use shall be
permitted or allowed which is likely to cause pollution of waters , as defined in
Minnesota Statutes , Section 115.01 , unless adequate safeguards, approved by the proper
' �tate�gency, are provided. ,
Detailed plans siiall be submitted to the Planning Administrator for any development
pldced on the floodplain landward frorr� dikes , 'floodwalls , and similar structures. The
plans must provide for measures to protect against flooding from internal drainage.
�
��
� � �.L-�' L 1 -r ;� ,1 ` L _9-
�� �
i. .
,t,,1 ;
�'1 '�� .
, � � � � 2'��"��9
� �� _ ,, .
�� �N � ;_i ,
6 . 00 STANDARDS FOR FL000 FRINGE USE S: � �'r .
All uses� within the Flood Fringe District shall� conform to the following standards�and
those as provided in Section,,,,60,616; `S��I,��r�;.j,`�.
� ' (.,�
t `� Buildings and accessory structures for residential uses shall be constructed on non-
` settling fill so that the basement, cella;l or first floor, if there is no basement
or cellar, is above the regulator� flood protection elevation. The finished fill
elevation shall be at or above the established regulatory flood protection
elevation for the particular area and shall extend at such elevation at least 15
feet beyond the limits of any structure or .building erected thereon.
.
~ . Buildings or structures for commercial uses shall be constructed on fill so that
the cellar, basement or first floor, if there is no cellar or basement, is above
the regulatory floo�protection elevation.
� . Buildings, structures and appurtenances used for manufacturing or industrial
purposes shall be protected to the regulatory flood protection elevation by either
. construction on fill so that the cellar, basement�or first floor, if there is no
basement or cellar, is above the regulatory flood protection elevation, or by
utilizing approved flood-proofing construction to protect to the regulatory flood
protection elevation. Measures shall �e taken to minimize interference with normal
plant operations during anticipated periods of flooding.
��. Mining and extraction operations shall not be permitted.
�
I . Islands shall be used only for public recreational , historic �preservation and wild-
�►� life preservation purposes. �
�
' Land accessory to commercial or industrial uses such as yards, railroad tracks and
.� parking areas which are below the regulatory flood .protection elevation shall not
be designed, designated or used by the general public if the area is subject to
inundation to a depth greater than two feet or subject to flood velocities greater
than four feet per second upon the occurrence of the regional flood unless a flood
warning system is provided. �
� . Al1 uses of the Flood Fringe District shall be consisten with th�ovisions of
�•� the statewide standards and criteria for management of oodplai� reas of
Minnesota adopted by the M'nnesota ,8�tate part ent of turaliKesour es and with
Q'� � � K �
the city's comprehensive�oodplain and�a'�iver orridor evelopment,�''fans.
�`�~
` 60. RINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS: ��
Uses other than those specified above and not prohibited by the Zoning 0 and
other ordinances shall be permitted only upon application and issuance of a nditional
�se�rmit by the h�anning �rr�nission and subject to the following provisions and to
those i n Secti on b0.616t `r�,�p0_,�,t;.�'s.�
�, ,�� e
. -io-
� � � ��?"���
. �- .
�
��1� �
� i�here existin streets or utilities are at elevations which make co liance �ith
C � this ordinan e� impractical or in other special circumstances, the�nningiCommis-
� o t' o uctures. Structures other
rize other techn�ques for pr tec �on f str
sion may autho
than residences that ordinarily shall be elevated on fill as provided above may, i��
special circumstances, be otherwise elevated or protected to a point above the
regulatory flood protection elevation.
� . For public utilities , roads, railroad tracks and bridges where failure or interrup-
tion of these public facilities would not result in danger to the public health or
safety or where such facilities are not essential to the orderly functioning of the
area, a lesser degree of protection may be provided,
` .� Structural works for flood control may b permitted provided that they comply with
the�tandards for�oodway�nditional�es set forth in Section �'
• �C►d•?r���
�D Waste treatment and waste disposal facilities that conform to the jl�andards for
�, �`lood �inge uses may be permitted and shall conform to the following provisions:
a�l . � No new construction, addition, or modification to existing waste facilities
l shall be permitted within the floodplain unless emergency plans and procedures
for action to be taken in the event of -floodin are prepared, filed with, and
approved by the Minnesota�ollution �2'6ntrol�ncy. The emergency plans and
procedures must provide for measures to prevent introduction of any pollutant
;_ or toxic material into the flood waters.
�Y. There shall be_ no disposal of solid waste materTals withi,n the floodplain.
,,'
�60.60� RC-3 RIVER CORRIDOR URBAN OPEN DISTRICT
t / .
�`��603 INTENT:
`� �It is intended that lands and waters within this district shall be managed to conserve
and protect the existing and potential recreational , scenic, natural , and historic
resources . Open space provided in the open rive� corridor is for public use and the
protection of unique natural and scenic resources. The existing transportation role� of
the river in this district will be protected.
•��II��04 PRINCIPAL USES PERMITTED:
G�
In an RC-3 River Corridor Urban Open overlay district, use of the land, location and
erection of new buildings or structures, and the alteration, enlargement and moving ofi
existing buildings or structures from other locations or districts sha11 conform to
those specified uses and standards of the corr.es.ponding underlying district �---�
�g-��y. � as established in Section_ _ _.� ' o the extent that they are IIOL
_.r....;..._......,�.....
pronibited by �any o��er`provis�on of the ' In addition, permitted uses si►all
be'�subject to the following applicable standards a those in SecLion fr@:frfi-6: Cj,S�
' Y6��� �,
; ,� Gs r +
I � , f _ �'�
,Y�.., , ` r� �-��' _.'� l
C�� . � '�
-�1- z o �
-- ./ - � � �, ;�
, / J� ;
^ �..1,��r��_F�1�"��'//���✓� �� ,�..` 7 ✓ l :.��r�-^'V�L .��'-'.l��I� �;�:��.-3� V�.` , i ..��'
/ 4/ a �-~,.,
�„ , i / �i
.
� ���'���
ti���
` �, �,�
��, STANDARDS FOR URBAN OPEN USES:
�,�. Development shall be limited to 40 feet in height.
.y�. The development of new and expansion of existing commercial and industrial uses
� shall only be on lands which are on the landward side of blufflines.
��. Mining and extraction operations shall not be permitted.
��. Advertising signs shall not be permitted. Roof signs or pole signs above the
height of the associated structure shall not be permitted.
606 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS: Qr��"�� ,� <`: L`"
�r d
� , Principal uses permitted subject to special conditions are those specified by the
corresponding underlying district as established in Section to the extent that
they are not prohibited by any other provision of t�..a*+d�' . They are subject to
Standards specified in the corresponding underlying district se tion and to those
specified in Section �� / �'�`ypO�Q,�'�f�, f ` yhe LeN1K ��or��
V" -�
S h uses will e permitted only upon appli�ation! and issuance of a fe6nditional�e
�rmit by the�anning �mmission.
,_ ��"00.607 RC-4 RIVER CORRIDOR URBAN DIVERSIFIED DISTRICT ' .
�,
.60.608 INTENT:
�` It is intended that the lands and waters in this district be used and developed to main-
tain the present diversity of commercial , industrial , residential , and public uses of
� th� lands , including the existing transportation use of the river; to protect histor-
ical •sites and areas, natural scenic and environmenta} resources; and to expand public
access to and enjoyment of the river. New commercial , industrial , residential , and
other uses are permitted if they are compatible with these goals. �
�!�/ , q
� ' ��
�"60. 609 PRINCIPAL USES PERMITTED: � �G(�yZ��j �����
S�
J In an RC-4 River Corridor Urban Diversifie overlay district, us of the land, location
and erection of new buildings or structurer and the alteration, nlargement and moving
or existing buildings or structures from �ther locations or dist icts shall conform to
r ��_�
those specified, uses and standards of the� corres�onding u . _ di.strict-*_*��eTr�+��t,�"
� ' s established in Section . to the extent t a� they are not prohibited
� by any other prov r�—o�F tfi�e . In addition, permitted uses sha�ll be subject
t o t h e a n d �k�e�.Se,c�,',1.Qn bD�-6a 6: (, ,�'i�►f
�INr1� �� t� l.. • •
��'60.610 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CO��DITIONS: `Q.��,C .�
--�' �-
j� Principal uses persnitted subject to special conditions are those ,pecified -��the
, corresponding underlying district as established in Section . .to'"the extent that
±hey are not prohibited by any other provisions of t ' � They are subject tu
s��n��rds s•pecified in the corresponding underlying district secti and to those
specified in Section 6li�6.�,4�� ��� b�..tit��'%,SeG
' � �, ` �C- �i �-�c
-12-
, ' �! <3��.i!
Sy ch uses will be permit ed only upon application and issuance of a fi�nditional�e
•�ermit b,y the �anning�mmission.
�
���60 .611// GFP: GENERAL FLOODPLAIN DISTRICT (Outside the River Corridor)
� ,�r �
� �p fi'P PRINCIPAL USES PERMITTED: ���
� �
Permitted uses- shall include those uses permitted by Sect�on -b9-5�5 . . �
,���613 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CON IT-IO�.� e� � /$
� ����
All other uses are�nditional �es and are pe �tted or.ly upon issuar,cc :,� a
special use permit as provided in Section . . The Gene Floodplain �isiric�
/ � includes the entire floodplain and daes not differentia etween tho�e are�.� *iiat--a��e •
�`� floodway and those areas that are flood fringe. Be se of t ' e Plannin: Adrrir�- ` �S
'� istrator shall mine whether the proposed use oodway or oo riny�l ii�
..� � with Sect� ,. If it is determined that the ��se lies in the floodway,
�1 the provisions of Section�60. ' shail apply. If it is determined
that the proposed use lies in the �lood fringe, the provisions of Secti`on 60.598 �f'�+
_ + ;� nr 1n�� shall apply.� ��* ����`� � ,S �,
.� � ,� �
��.f�6 4 RIVER CORRIDOR AND GENERAL FLOODPLAIN STANDAR S AND CRITERIA
►
�� 0.615 OBJECTIVES: .
. '
The objective of�8'tandards and �t ria is to maintain the aesthetic integrity and
natural environment of the�ver�ridor in conformance to the St. Paul Mississi i
River Corridor Plan, by: reducing the effects of poorly planned shore ine and. bluff-
ine evelopment; providing sufficient setback for sanitary facilities; preventing
pollution of surface and ground ater; minimizing flood damage; preventing soil erosion;
5���nd imp jmenting�t'etropolitan�ns,�olicies and�Vfandards .
RIA: • •
,� 6 .616 STANDARDS AND CRITE
j���. PROTECTION OF SHORELANDS, WETLANDS AND BLUFFS. evelopment shall be conducted so
1�1�� that the smallest practical area of land be developed at any one time, and that
each area be subjected to as little erosion or flood damage as possible during and
after development.
� � Placement of Structures .
a No mobile home or mobile home park shall be permitted in the River
ii� �� Corridor General Flood lain District.
J �/ � P :
��
.� The structure or structures, if permitted and applicable, shall be con-
structed and placed on the building site so as to offer the minimum obstruc-
tion to the flow of flood waters having, whenever possible, the longi-
tudinal axis parallel to the direction of the flood flow, and being, so far
as practicable , placed approximately on the same flow lines as adjoining
' structures .
� -13-
� � - �,�����
�'��. The following minimum setbacks for each class of public waters as described
in Minnesota Regulations NR-82 shall apply to all structures except those
specified as exceptions in r�}�below.
� �
- For Natural Environment Waters at least 200 feet from the normal h�gh
. water mark for lots not served by public sewer and at least 150 feet �
from the ordinary high water mark for lots served by public sewers.
- For General Development Waters at least 75 feet from the normal high
water mark for lots not served by public sewer and at least 50 feet
from the ordinary high water mark for lots served by public sewer.
�• � . No corrIInercial or industrial development shall be permitted on slopes
greater than 12%.
���e. No residential development shall be permitted on slopes greater than 18�.
`�. Bluff development shall take place at least 40 feet landward of all bluff-
� lines.
/ n g. Transportation, utility and other transmission service facilities and
t _ corridors shall avoid: � '.
v
t� 1 . Steep slopes;
' � 2. Intrusions into or over streams , valleys and open exposures of water;
3. Intrusions into ridge crests and f�igh points;
L�,4. Creating tunnel vistas; •, •
�5. Wetlands;
r16. Forests by running along fringe rather than through them. If necessary,
JS to route through forests, utilize open areas in order to minimize
cutting;
� �7. Soils susceptible to erosion, which would create sedimentation and
pollution problems;
� 8. Areas of unstable soils which would be subject to extensive slippages;
� 9. Areas with h�gh water tables; and
�10. Open space recreation areas.
�/�h. At river crossing points , public facilities, crossing corridors and other
� rights-of-way shall be consolidated, so that the smallest area possible is
devoted to crossing.
/� i Exceptions:
�` -
Location of piers and docks shall be controlled by applicable state and
� . local regulations.
- Commercial , industrial or permitted open space uses requiring location
�n public waters may be closer to such waters than the setbacks
specified in standard above.
. � 3
, -14-
. . . . � F � 4 �i�
� �
r / �-
�t •
2 rading and Fill ' . �
No minimum amount of fillin shall be allowed when n ces ar but in no
I�1 ' case s a e o ow ng res r c ons on filling be exceede . Furthermore, �
�� � fil.l opportunities shall be fairly apportioned to riparian land owners.
�'�� �he developer shall evaluate ownershfp patterns, configuration and the
�` bottom profile of each wetland basin before fill opportunities are appor-
� tioned.
;
Grading and filling in shoreland areas (when allowable) or any other sub-
stantial alteration of the natural topograpfly sha11 be controlled in
' � accordance with the following criterza: . �
- The smallest amount of bare ground shall be exposed for as sF►ort a time
as feasible. .
- � Temporary ground cover shall be used,
- Methods to prevent erosion and trap sediment shall be employed.
- Fill shall be stabillzed.
� Any fill or other mater�al proposed to be deposited 1n the floodplain must '
be essential to carry out the permitted uses within the floodpiain and it
must not jmpede the hydraulic capacity� of the floodplain or unduly increase
the velocity of any potential flood, The amount thereof must not exceed
, that necessary to achieve the intended purpose, and it shall be protected
against erosion by rip�rap, vegetation cover, or bulkfheading.
��
C� . Only fill free of chemical pollutants and organic wastes shall be used.
� . Total filling shall not cause the total natural flood storage capacity of
� the wetland to fall below the natura�] v lume of runoff from the wetland and
watershed generated by a 100 year st , s defined by the National Weather
Service.
r L . Solid waste disposal and landfill shall not be perm�tted in the River
� Corridor D9strict.
g. Development shall fit existing topography and vegetation with a minimum of
clearing and grading. �
� . No rehabiljtated slopes shall be steeper than 18% slope.
i Dredging of a shoreland or wetland shall be allowed only when it will not
� have adverse effect upon the wetland. Oredging when allowed shall be ,
limited as follows:
- It shall be located in the areas of minimum vegetation.
- It shall not significantly change the water flow characteristics.
- The size of the dredged area shall be limited to the absolute minimum.
- Deposit of dredged material shall not result in a change in the current
. flow, or in destruction of vegetation� fish spawning areas'or `water
� pollution. �
�� '�n
-15-
. �. . -,� �'�^�Q�
� , a�
� � • -
B. PROTECTION OF WILDLIFE AND VEGETATIDN. Development shall be conducted so as to �
avoid intrusion into animal and plant habitats ,,
. • � / .
l . No alteration of the natural environment or removal of vegetation shall be
permitted when such alteration or removal would diminish the ability of, depen-
dent wildlife to survive in the River Corridor. ,
. — ..
2. No wetland or bluffline vegetation shall be removed or altered except that
required for the placement of structures. .
3. Clear cutting shall be prohibitec(,i�except as necessary for placing approved
' public roads, utilities, structur�'S` and parking areas.
4. Natural vegetation shall be restored after any construction project.
5. Watering areas necessary for plant survival shall be maintained or provided.
6. Development shall not cause extreme fluctuations of water levels or unnatural
changes in water tempereture, water quality, water currents or movements which
.
may have an adverse impact on endangered or unique species of birds or wildlife.
. G�
PROTECTION OF WATER QUALITY. D�'Ge�lobpm�nt shall occur so that surface and subsur-
face water is not adversely affected by contaminants. Water quality should meet or
exceed state standards.
Z �
Contamination
. Development shall not be permitted on wet soils, very shallow soi1s, soils
' with high shrink-swell , or frost action potential unless it is shown that
, , appropriate construction techniques capable of overcoming the restrictive
- condition will be utilized. ' �
.V�. Septic tanks and soil absorption systems shall not be permitted where
� public sewer 'systems are available. In areas where public sewers are not
available, systems shall be set back from the normal high water mark in
accordance with the class of public waters as prescribed in Minnesota
Regulations NR-82: .
- On Natural Environment Waters, at least 150 feet.
- On General Development Waters, at least 50 feet.
� . Private wells shall be placed in areas not subject to flooding and up slope
from any source of contamination. Wells already existing in areas .subject
to flooding shall be flood proofed in accordance with accepted engineering
standards as defined in the Uniform State Building Code.
' -16-
� . r�d ( \� ; ��`7
�'Cj1 or industrial land uses re uirin the stora e or roduction of
. Corrpne rc�a 1 q 9 9 P
materials or wastes that may create a pollution hazard for groundwater or
surface water shall be prohibited unless the quality of both the ground-
water and surface waters can conform to all applicable state and federal
standards, criteria, rules and regulations.
� unoff
a. The phases .of development shall be planned so that only areas which are
� � actively being developed are exposed. Other areas shall have cover of
vegetation or mulch.
���b. Natural vegetation in shoreland and bluff areas shall be preserved to �
retard surface runoff and soil erosion and to utilize excess nutrients.
� . Sediment shall be retained within the development site area either by
� filtering runoff as it flows through the development area or by detaining
sediment-laden runoff in a sediment basyrf,�o that the soil particles
� settle out. " (J
�..
. Water released to a drainage system shall be directed in such a manner as
to travel over natural areas rather than across contaminated surfaces.
� e Storrrnvater runoff may be directed to wetlands only when free of si1t,
debris and chemical pollutants and only at rates which will not disturb
vegetation or increase turbidity.
� Development which takes place near slopes greater than 12% shall n�ot result
in increased runoff onto those slopes sufficient to damage vegetation or
l b� structures thereon.
►
� � � RIVER CORRIDOR AND GENERAL FLOOD PLAIN CONDITIONAL USE PERMITS
�1S� C ditional Use �ermits shall be issued by the�nnin ommission except that the
�J lanning f� ission may delegate authority to issue ditional �Ermits to the
P}.�nnin dministrator according to rules which the •2'6mmission m y prescribe. Such
`fules will be fil�d with t �fice of the Ci;� C�erk: Applications shall be
submitted to the/P1 nnin ` dm�n�strator together with application fee in the amo
determined by the �ty ouncil. Upon� receipt of an application, the,�tanning min-
istrator shall determine whether to require any or all of, the following four �t
items of information supplied by the applicant as a prerequisite to the considera-
tion of the application: �
t,, �
Cl . Plans in triplicate drawn to scale prepared by and signed by a registered engi-
neer, architect and/or land surveyor as applicable, showing the nature, loca-
tion, dimensions and elevation of the land; existing surface contours, struc-
tures, streets and utilities; proposed surface contours, structures , fill and
the location and elevations of proposed streets , water supply, sanitary facili-
ties and other utilities showing the relationship of the above to the channel
and to the designated River Corridor or General Floodplain District limits.
� � ♦ ..�
�
—17—
� � _ �,����.�
2. Typical valley cross-sections of areas to be occupied by the proposed develop-
ment showing the channel of the stream, elevation of land areas, high water
.information, vegetation and soil types.
3. Plan (surface view) of the proposed development showing the proposed use or
uses of the a rea and structures and providing location, relationships and
spatial arrangements of those uses and related structures to pertinent� eleva-
tions, fill , storage location, utilities and other features.
- 4. Profile showing the slope of the bottom of the channel and flow lines of the
��'�, stream.
7 �
��� . YApplicable onditional se D'�rmits for lands in the designated Riv r Corridor
�
s� District and General Floodplain District must be obtained prio o applica ' for
�a 1 other permits required by law and ordinance. Zoning and onditional se
rmits for River Corridor and General Floodplain areas are supplementary to other
,� zoning ar�d building permits.
i�� �
� C. Con idered: In $�ssing upo n �nditional � P�it applications , the
� � anning mmiss� or�lanning�fCoministrator shall consider all relevant factors
specified in�se ions of this and, � ..y���de `'
C 1� The relationship of the proposed use to the comprehensive plan and floodplain
management program for the city.
2. The importance of the services provided by the proposed facility to the
community.
3. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
4. The ability of the existing topography, soils, and geology to support and
accommodate the proposed use. �
5., The compatibility of the oroposed use with existing characteristics of biologic
and other natural communities.
� 6. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions.
7. The requirements of the facility for a river-dependent location, if applicable.
8. The safety of access to the property for ordinary vehicles.
9. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
10. The daAgers to life and property 'due to increased flood heights or velocities
caused by encroachments. �
11 . The expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters ekpected at the site.
12. The danger that mat ials may be swept onto other lands or downstream to the
i n j ury of other. � �
13. The availa�i�ty of a ternative locations or configurations for the proposed
use.
14. Such other factors�are relevant to the purposes of this �
�� � ! � ,
. -18-
., � . �'��;'��..''q
�� ��
�C�� � � r
. b �E �
� '
0 � � ,
l �
�j Wi hin (60) days from he date of application for onditional�e ermit, the
anning�inistrator shal � submit the applica ion toget r with addit�onal infor-
mation obtained under� to e�lanning�ission. Unles he
authority to issue t �nditional se P�t has been delegated to the anning
�oministrator, the�rrnnission shall then fix a time for hearing and give e appli-
cant at least ten (�i� day� wri ten noty'�e thereof. At the hearing the�mmission
shall hear the report of the�nning IAdministrator, and the applicant shall be
� „�iven reasonable opportunity to be heard.
�D
�.' Based upon 1 the reports, reco�nendations and evidence presented to theiGommis-
sion, the�mmission shall render its written decision within a reasonable time
following the h�ring, and a cop�of such�cision shall be maiied to the applicant.
In granting as�onditionaY(1se �rmit the,/Commission may prescribe any appropriate . �
conditions and sa�g�rd�which are in conformity with the purposes of this
�n a�d.i�a�et� G^�'��►. � v
J�b ...,�� -
��
�Sf�. All decisions by the�ni��ission or�nning �inistrator granting �o ''
deny�ng a f�ndit�onal�e�erm�t shall be final subject to appeal to the ,�'�y
� ncil as outlined here�n. � :
G7 py of the app 'cation the proposed �nditional es shall be sub�itted to the
� mmissioner of atural sources suff�ciently �in advance so that the �C'ommissioner
will receive at least ten da � notice of the hearing. A copy of all decisions
granting�nditional l�'Sre �ts � shall be forwarded to the��nissioner of,l�ural
sources within ten (�8�}-days of such action.
ro _,/ /
�.�R. ' �ions Imposed. The ,n anning �mmission or �lanni g min5strator may attach
� such con �t�ons to he granting of�nditional��its as each deems necessary �
to fulfiil the purposes of this `� Such cond�t�ons may include, but are
not limited to, the following: '
�
Cl .� Modifications of design, site plann�ing, or site treatment.
2. Re�uirements for im'lementation of erosion and se�iment control , vegetation �"�
management, wildlife management and other protective �` teria s.
3. Modifications of waste disposal and water supply fac> > ies or operations. �
4. Limitations on period of use and operation.
5. Imposition of operational controls , sureties, and deed restrictions.
6. Requirements for construction of channel improvements , modifications, dredging, ,
dikes, levees, and other protective measures.
, -19-
1 � �
. �''7r?"y.,�.q
. �,, F ��..
7. Flood proofing measures shall be designed consistent with state established
f]ood proofing standards and with the flood protection elevation for the parti-
cular area including flood velocities, duration and rate of rise, hydrostatic
and h rodynamic forces, and other factors associated with the regulatory flood.
The ommission shall require that the applicant submit a plan or document
cer ified by a registered professional engineer or architect that the flood
proofing measures are consistent with the regulatory flood elevation and
associated flood factors for the particular area. The flood proofing measures
' that may be required include, but are not limited to, the following:
� a� Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors , bulkheads and shutters, or similar
methods of construction. �
c. Reinforcement of walls to resist water pressure.
d. Use of paints , membranes, or mortars to reduce seepage of water through
walls. �
e. Addition of mass or weight to structures to resist flotation.
f. Installation of pumps to lower water levels in structures.
g. Construction of water supply and waste treatment systems to prevent the
entrance of flood waters.
h. Installation of pumping facilities or comparable practice for subsurface
drainage systems for buildings to relieve external foundation wall and
basement floor pressures.
i. Construction to resist rupture or collapse caused by water pressure or
floating debris.
j. Installation of valves or controls on sanitary and storm drainage which
will permit the drains to be closed to prevent back-up of sewage and storm
waters into the buildings or structures. Gravity draining of basements may
. be eliminated by mechanical devices. � •
k. Location of all electrical equipment, circuits , and in led electrical
appliances such that they are not subject to y the regional flood.
1 . Location of any structural storage facilities for chemicals, explosives,
buoyant materials, flammable liquids, or other toxic materials, which could
be hazardous to public health, safety, and welfare, above the flood protec-
tion elevation or provision of adequate flood proofing to prevent flotation
of or damage to storage containers which could result in the escape of
toxic materials into flood waters. '
� —20—
. . �
, . .' ������.,,,
8. Specifications for building construction and materia�s, filling and grading,
water supply, sanitary facilities, utilities and other work or construction
to be submitted to the City �'R�'�nt for review and approval prior
4,��d� to any devel opment. �r ,� �s..LL��C� �`
7-,���-
6 . 00 APPEAL:. � . � -
j ,t.�
� ��� .
Notwithstanding any other provision of the Zoning erd�T1'd�es, peals from the
decisions of the Planning Commi sio or Plannin ' on floodplain matters
may be taken directly to the �y�uRcil . Appeals shall be initiated by filing of
'a written notice of appeal and a written statement containing the factual basis of
the appeal , together with a copy of the decision with the�'�'ity�2�(erk w�'thin filTi�-�
(30) calendar days from the date of issuance of such decision. The.�I'erk shall report
; the filin of such notice of appeal at the�C'�`uncil meeting next following said filing,
and the�uncil shall fix a date for hearing. The�erk shall notify the appellant
,. and the Planning na of the public hearing date. The�C'ouncil shall hear all
� �v rsons and all objections and recorrmendations relative to the decision, and the
���;� ncil may grant or deny the application. If the �uncil should grant a �nditional
�� e �it, it may presp ribe appropriate conditions and safeguards in conformity with
� .'�' The �'Sunci 's decision shall be final subject to review of the
s trict urt of Ramsey unty in accordance with the provisions of Minnesota
�,`;,Statutes , Section 462.361 . k�
� . VA�i�6� ,,1 � t�1►��th�+�'+ i� {rv�
�.`� � ,
f �
The anning omnission is hereby author ed to recormend�modifications� the
� provisions of this ' . ' here it appears th by reason
of exceptional circumstances the strict enforcement of this ' e ould cause
�v undue hardship and strict conform�ty w�th the standards would be unreasonable, .
ir9�ractical nd not feasible under the circumstances. Modifications granted by the
f�. ..P'lan ' rrmission shall be consistent with the general purposes of the standards
ntaine ' ' and state la , and the intent of applicable state and
national laws and programs. Although mo fications may be used to modify permissible
methods of flood protection, no modification shall have the effect of allowing in
any distric uses prohibited in that district, permit a lower degree of flood pro- �
t tection a the lood. rotection el_e_vation for the articular area., or permit a �
lesser e of oo pro ec ion an require s a e aw. pp rom the
� decision of the annin ommission may be taken to the �ty�C6uncil in accordance
wi th Secti on �ZU�'"
� .
�A co of th pplication for a Modification shall be submi d to the�issioner
of atural esources sufficiently in advanc so that the rr�nissioner will receive
at least ten days� notice of the�anning�mmission hearing. A copy of alJ�decisions
granting modifications shall be forwarded to the�mmissioner of �t'`atural iResources
wi thi n ten (.i�6}+days of s uch acti on.
-21-
eLy;RY-- N��QqTMENT V 1 "1�1" V t'' �JA 1 N �1' I�A U L File N0. '
� � � 0 rdin�nce Ordinance N�. � f�-� �� c,
Presented By
Referred To Committee: Date
Out of Committee By Date
Section 5.
This ordinance shall take effect and be in force thirty (30) days from
and after its passage, approval and publication.
/
-22-
COUNC[LMEN
Yeas Nays Requested by Department of:
?�I�tX McMahon
Hozza [n Favor
Hunt
Levine Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attorney
Adopted b}� Council: Date
Certified Passed by Council Secretary BY --
sy�
Approved b}� Mayor: Date Approved by Ma�or for Submission to Council
��
By _ , � (,(I�CL ' � "
,
B� .� �._ I� C� � i _— ___
WHITE - CITV CLERK t ��(����
PINK - FINANCE� COI1IICil ��
CANARV -DEPARTMENT CITY O SAINT�� PAUL File NO. �,
BL�IE -IvtAYOR � �
. .
indnce Ordinance N 0.
•
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.
WHEREA the Planning Commission of the City of Saint Paul
and the City uncil have adopted an amendment to the City' s
Comprehensive an regarding the Mississippi River Corridor as
a critical area d which amendment to the Comprehensive Plan
would require amer"�lments to the City' s zoning ordinances; and
�
WHEREAS, the P1 ning Commission has made a survey of the
City of Saint Paul an�has determined that it would be impractical
to obtain the consent o� the necessary two-thirds of contiguous
property owners to effec�iate the necessary zoning amendments; and
6�1HEREAS, the Planning�ommission has conducted a public hear-
ing on July 27, 1979 wherein �t considered the proposed zoning code
amendments, and having found d determined that the proposed
amendments are in keeping with xisting uses and to a plan for
future land use for the City, th Planning Commission has recom-
mended its approval to the propos rezonings; and
WHEREAS, the City Council havin considered the report and
recommendation of the Planning Commis 'on contained in Planning
Commission Resolution No. 7987 adopted uly 27, 1979, and having
conducted a public hearing on the propo d zoning code amendments;
THE COUNCIL OF THE CITY OF SAINT PAUL DOES RDAIN:
Section l.
That pursuant to the authority granted b and in accordance
with the procedures set forth in Minn. Stat. � 4 . 357, the Council
COUIVCILMEN Requested by Department o .
Yeas Nays
But�er Planning & Econom Development
Hozza In Favor —
Hunt
Levine Against BY
Maddox
Showalter
Tedesco Form Approved ity 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—�-�(d�S�r,� �
; . a �
. .. ' . . _
1 , � . �
�����
of the City of Saint Paul does hereby amend the zoning classifi-
cation in the manner and form as shown on the attached zoning maps
of the C ' ty of Saint Paul, Sheet Nos . 3 , 6 , 9, 10, 16, 17, 21,
22, 23, 5, 27-44 , as incorporated by reference in Section
60. 401 of t Saint Paul Legislative Code .
Section 2 .
That Sectio 60. 590 through 60 .850. of the Saint Paul Legis-
lative Code be and a e hereby repealed in their entirety.
Section 3 .
That Chapter 60 of e Saint Paul Legislative Code pertaining
to zoning, be and the same i hereby amended so as to add the fol.low-
ing definitions to said chapte and the City Attorney is hereby
authorized and directed to assi the new definitions appropriate
section numbers when the Legislat 've Code shall be recodified:
� 60.301 : DEFINITIONS
"Backwater" means a body of water connected with, b t little affected by the main streain.
"Barge Fleeting Area" means an area on the river, on o off channel , where barges are
temporarily parked and secured while tows are assemble or broken up.
"Barge Slip." means a basin, usually adjacent to a wharf, j ty, dock or other cargo
handling facility, where barges are brought for the purpose of loading or unloading
cargo.
"Bluffline" means a line delineating the top of a slope connecti g the points at which
the slope becomes )ess than 18%. More than one bluffline may be encountered proceeding
landward from the water.
"Clear Cutting" means the removal of an entire stand of trees and sh bs.
"Cluster Development" means a pattern of subdivision which places hous�i�,ng units into
contact groupings while providing a network of commonly owned or dedicated open space.
-2-
. . � . ,
�'��'�4�
"Develop ent (River Corridor District_ Only)" means the making of any material change in
the use appearance of any structure or land including, but not limited to: a recon-
_ struction, lteration of the size, or material change in the external appearance of a
structure or he land; a change in the intensity of use of the land; alteration of �a
shore or bank a river, stream, lake or pond; a commencement of drilling (except to
obtain soil samp s) , mining or excavation; demolition of a structure; clearing of land
as an adjunct to c struction, deposit of refuse, solid or liquid waste, or fill on a
parcel of land; or t dividing of land into two or more parcels.
"Erosion" means the gener 1 process by which soils are removed by flowing surface or
subsurface water or by wi �
"Floed (Regional )" means a flo which is representative of large floods known to have
occurred and characteristic of at can be statistically expected to occur on an
average of once every 100 years a have water surface elevations equal to those filed
with and made. a part of the Flood ain District Zoning Map.
"Flood (Standard Project)" means the f1 d that may be expected from the most severe
combination of the meteorological and hy� ological conditions that is considered reasor-�-
ably characteristic of the St. Paul geogra hic area, excluding extremely rare combina-
tions. Such floods are intended as practica le expressions of the degree of protection
"" that should be sought in the design of flood ntrol works, the failure of which migh�.
be disastrous.
"Flood Plain" means the areas adjoining a watercour at or below the water surface
elevation associated with the regional flood that ha e been or hereafter may be covered
by the regional flood.
"Flood Protection Elevation" means that elev��tion not less han one foot above the water
surface profile associated with the regional flood plus any increases in flood heights
attributable to encroachments on the flood plain.
"F1ood Proofing" means those methods of construction described i the Uniform State
Building Code which when applied to structures or properties wil prevent or mitigate
damage from floods. '��,
,�
"Floodway" means the channel of the watercourse and those por,tions of�,the adjoining
flood plains which have been determined necessary to carry and discha�hge the regional
flood. The floodwa� has been determined in accordance with Minnesota �tatutes,
Chapter 104, and Minnesota Regulations NR 85. ��
—3—
ll 1, ' , �'�����
"Flood Fringe" means that portion of the flood plain outside of the floodway.
"Landscaping" i ludes plants such as trees, grass and shrubs.
"Major Expansion" m ns an expansion involving a 20� or greater addition to the total
land area presently vered or used by a residential , �industrial , commercial , recrea-
tional or public facil
"'lining" means _the extracti of sand, gravel , rock, soil or other mate'rial from the
land in the amount of one th sand cubic yards or more and the removing thereof from
the site without processing wi the 'exception of the removal of materials associated
wiih construction of a building, hich is approved in a building permit. '
"Mississippi R�ver Corridor" means th area of the cit� within the boundaries of the
Mississippi River Corridor Critical Ar , established by Executive Order #19-19.
"Normal Highwater Mark" means a mark deline'�,ting the highest water level that has been
maintained for a sufficient period of time leave evidence of the ievel upon the land-
scape. It is commonly that point where the n�ural vegetation changes from predomi-
nantly aquatic to predominantly terrestrial . en the normal highwater mark is not
� evident, setbacks shall be measured from the str m bank of� the main channel , adjoining
side channels , backwaters, and sloughs. �
"Ponding Area" means a basin which retains sto►�nwater noff ,from an adjacent area.
"Regulatory Flood Protection Elevation" means that elevat'on not less than one foot
above the water surface 'profile associated with the regio 1 flood plus any increases
in flood heights attributable to encroachments on the floo lain. '
"Sewage Disposal System" means any system for the collection, t eatment, and dispersion
of sewage including, but� not limited to, septic tank soil abso�r`ption systems.
`��
"ShorEland" means land located within the following distances from ublic waters:
(a) 1 ,000 feet from the normal high water mark of a lake, pond, or�lowage; and
(b) 300 feet from a river or stream, or the landward extent of a floo�i plain designated
by ordinance on such a river or stream, whichever is greater. The pra�tical limits of
shore�ands may be less than the statutory limits whenever the waters involved are
bounded by natural topographic divides which extend landward from the waters for lesser
distances , as determined by the Minnesota Department of Natural Resources.
—4—
i 1 � i
��� J �.�
"Steep Slop " means slopes which are steeper than 100 feet horizontal to 12 feet
vertical bu are not steeper than 100 feet horizontal to 18 feet vertical (12%-18%).
"Very Steep S1 es" means slopes which are steeper than 100 feet horizontal to 18 feet
vertical (18% a overl. ,
"�Ir•eeline" means the ore or less continuous line formed by the tops of trees in a
wuoded area when view from a particular point. Such line shall be determined durinc�
all seasons as if under ull foliage.
"Wetlands" means low-lying a as which may be covered with shallow water. They are
frequently associated with a ighwater table. Swamps, bogs, marshes, potholes, wet
meadows, and sloughs are wetlan . They may occur ad�acent to or within natural
drainage-ways or as free-standin low areas. Wetland shall consist of types 1-8 as
d2fined in U.S.D. I. Fish and Wildl e Service Circular 39.
Se ion 4.
That Chapter 60 of the Sain Paul Legislative Code pertaining
,A to zoning is hereby amended so as to add the following sections
thereto:
60.590 RC-RIVER CORRIDOR/GENERAL FLOODPLAIN DISTR T •
60.591 INTENT: � �
The River Corridor District and its subclassifications, -1 , RC-2, RC-3, RC-4, and the
General Floodplain District GFP (outside the River Corrido ) , are map overlay districts,
designed to provide comprehensive floodp�ain and river bluf management for the City of
St. Paul in accordance with the policies of Minnesota Statut (Chapters 104 and 116G) ,
Minnesota Regulations (MEQC 54) and Governor's Executive Order #79-19.
Floodway maps #46, 47, 48, 49 and 50 adopted by the City Council , Ordinance #16433, the
"Flood Insurance Study" for the City of St. Paul , Minnesota, prepai'�ed by the Federal
Insurance Administration, and the "Flood Insurance Rate Map" for tfie City of St. Paul ,
prepared by the Federal. Insurance Administration, are hereby adopted��by reference and
declared to be a part of this .ordinance. �
- .�,.
�5-
��������
60. 592 ESTABLIS MENT:
The area within jur diction of this ordinance are hereby divided into five districts:
RC-1 River Corridor Fl dway District, as determined by this ordinance and the Flood
Insurance Rate Map; � �
RC-2 River Corridor Flood inge District, as determined by ti�is ordinance and the
. Flood Insurance Rate Ma ;
RC-3 River Corridor Urban Ope District, as determined by this ordinance;
RC-4 River Corridor Urban Diver 'fied District, as determined by this ordinance; and
GFP General Floodplain District utside the River Corridor) , as designated by
unnumbered A Zones on the Floo Insurance Rate Map.
Within these districts all uses not all ed as Permitted Uses or as Permitted Uses
Subject to Special Conditions shall be ai: are hereby prohibited. Legal nonconforming
structures or uses existing on the effectiv date of this ordinance or amendment
thereio, will be permitted to continue as pr ided in Section 62.102 of the Zoning Code.
b0.593 CONiPLIANCE: �
�' a. No use or occupation of any lands, for any purp e whatsoever, shall hereafter be
be permitted witF�in the River Corridor/General F odplain District witf�out full
complian,ce with the terms of this ordinance and ot r applicable laws.
b. No structure, fill , material or object shall hereafte be placed on or removed from
lands within the River Corridor/General Floodplain Dis ict, and no structures or
other object shall hereafter be located, used, construct d, extended, converted, or
altered within the District without full compliance with is ordinance and other
applicable laws.
c. All proposed development on property which is wholly or parti lly located within
the River Corridor/General Floodplain District of the City of `�t. Paul shall be
submitted to the Planning Corrunission for review to assure adher�nce with this
ordinance and other applicable laws.
,�
�
—6—
'. '. � � ������q
d. All requests for building permits for new structures or for additions to existing
structures which are wholly or partially located within the RC-1 , RC-2, and Genera7
Floodplain istricts shall include the mean sea level (m.s. l . ) elevation of the
first flood including basement� and the elevation to which structures or additions
to structures ill be flood-proofed.
60.594 RC-1 RIVER RRIDOR FLOODWAY DISTRICT
�
<
60.595 PRINCIPAL USES �fs,RMITTED:
The following uses shall be ermitted within the RC-1 , Floodway District to the extent
that they are not prohibited any other provision of the Zoning Ordinance or other
ordinances and provided that t have a low flood=damage potential , wi17 not
materially obstruct flood flows increase velocities or stages of the regional flood,
, and do not require structures, fil , storage of materials or storage of equipment.
A. Non-structural industrial-co�nerc 1 uses such as open-loading areas, parking areas,
interior service roads, airport ser ice roads and airport runways.
6., Public and private recreational uses s h as golf courses, tennis courts, driving
ranges, archery ranges, picnic and camp rounds, boat launching and beaching areas
or ramps, swimming areas, parks , playgr.ou s , wildlife and nature preserves, game
farms, fish hatcheries and hiking, bicyclin , horseback or recreational vehicle
`� areas and trails, and other open space uses. ;
C. Accessory residential uses such as lawns, garde , parking areas, and play areas.
In addition, no permitted use within the Floodway:Dist ict shall adversely affect the
hydraulic capacity of the channel or floodway or any' tr utary to the•main stream or ot
any ditch or other drainage facility or system and no use shall be permitted which is
likely to cause pollution of waters, as defined in Minneso Statutes, Section 115.01 ,
unless adequate safeguards, approved by the State Pollution ontrol Agency, are
provided.
Permitted uses are subject to applicable standards in Section 6 .616.
60.596 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS: ��
The fol 1 oVri ng uses, i f not prohi bi ted by any other provi s i ons of the�,Zoni ng Code, wiii ch
involve placement or use of temporary or permanent structures , fill , �iaterial or equip-
ment in the Floodway District may be permitted therein upon applicatio�i and issuance ot
a Conditional Use Permit by the Planning Commission, subject to the standards containe�
herein pertaining to Floodway Conditional Uses and to Standards contained in
Section 60.616. '
A. Railroads , highways, streets,� alleys, access roads, bridges, sewers, utilities,
utility transmission iines and pipe lines.
6. Marinas, boat rentals, docks, piers, mooring anchors, wharves, water control struc-
tures.and navigation facilities.
• -7-
, �, � � ' � ��'��
C. Storage yards or areas for equipment, machinery or bulk materials.
D. Use or placeme t of structures accessory to permitted or open space uses.
E. Placement of fill accessory to permitted uses.
F. Structural Works for F1ood Control .
Structural works for fl d control include, but are not limited to dams, levees,
dikes and floodways. In ddition, any proposed work in the bids of public waters
which will change the cour , current, or cross-section of the waters shall be
subject to the provisions o innesota Statutes, Chapter 105, other applicable laws ,
and the following provisions:
l . The minimum height and design of any dikes, levees , floodwalls , or similar
structural works shall be at 1 st three feet above the elevation of the
regional flood or standard proje t flood whichever is greater.
2. Modifications and additions to the isting structural works shall assure that
the work will not increase the flood- amage potential in the area.
G. Other uses similar. in nature to uses descri d as Permitted or Conditional Uses
which are consistent with the provisions of t e statewide standards and criteria
� for management of Floadplain Areas of Minnesot adopted by the Minnesota State
�
Department of Natural Resources and with the cit 's comprehensive River Corridor
Development plans. .
60. 597 STANDARDS FOR FLOODWAY COND.ITIONAL USES � .
' All Conditional Uses in the Floodway are subject to the app icable Standards in
Section 60.616. In addition:
A. No structure (temporary or permanent) , fill (including fill for roads and levees)
deposit, obstruction,: storage of materials or equipment, or ther use may be
allowed which, acting alone or in combination with existing o anticipated future
uses, unduly affects the capacity of the floodway or unduly in eases flood heights
or velocities. Consideration of the effects of a proposed use s all be based on
the reasonable assumption that there will be an equal degree of e croachment extend-
ing for a significant reach on both sides of the stream. �
,
B. Structures in the floodway shall not be designed for humah habitati , shall have a �
low flood-damage potential , and shall conform to the State Building�Dde.
C. Structures in the floodway shall be firmly anchored to prevent flotation. �
D. Service facilities, such as electrical and heating equipment, water and sanitary
lines , shall be installed at or above the regulatory flood protection elevation for
the particular area or adequately flood proofed.
-8-
' ' . �., �����
E. Public u 'lity facilities, roads, railroad tracks, and bridges within the flood-
plain shal be designed to minimize increases in flood elevation and shall be
compatible w h the city's floodplain development plans. Protection to the regula-
tory flood pro ction elevation sha71 be provided where failure or interruption of
these public fac'lities would result in danger to the public health or safety or
where such facili 'es are essential to the orderly functioning of the area. Where
failure or interrup 'on of service would not endanger life or health, a lesser
degree of protection ay be provided for minor ot� a�xiliary roads, railroads or
utilities.
F. The storage or processing f materials that are in time of flooding buoyant,
flammable, explosive, or co d be injurious to human, animal , or plant life is
prohibited unless adequate sa guards approved by the proper federal , state and
local agencies are provided. ,
G. Storage of other material or equip ent may be a]lowed if not subject to major
damage by floods and if firmly anch ed to prevent flotation or readily removable
from the area within the time availab after flood warning.
60.598 RC-2 RIVER CORRIDOR FLOOD FRINGE D TRICT
60.599 PRINCIPAL USES PERMITTED: '"�
��-� The following uses shall be Permitted Uses within he Flood Fringe District to the
extent that they are not prohibited by any other pr vision of the Zoning Ordinance or
other ordinance. They are subject to the standards r Flood Fringe usage contained
herein and to those in Section 60.616. '*� .
.. � .
A. Any principal use permitted or conditional use speci ied in Sections 60.595, and
60.596, excluding herefrom structural works for flood ontrol .
' � S
B. Buildings, structures, and appurtenances that are elevat�.d on fill above the
� regulatory flood protection elevation. �
,
C. f�ublic Utility facilities, roads, railroad tracks and bridge�s that conform to tf�e
standards for Flood Fringe uses. �:
�
In addition, no permitted use within the RC-2, Flood Fringe Distric't shall adversely
affect the hydraulic capacity of the channel or floodway of any trib` tary of the main
stream or of any ditch or other drainage facility or system,�, and no u�e shall be
permitted or allowed which is likely to cause pollution of waters , as efined in
Minnesota Statutes, Section 115.01 , unless adequate safeguards, approv�� by the proper
State Agency, are provided. ,
Detailed plans sfiall be submitted to the Planning Administrator for any developments
placed on the floodplain landward from dikes, floodwalls, and similar structures. The
plans must provide for measures to protect against flooding from internal drainage.
—9—
, � . ��El��e�.A
60.600 STANDARDS FOR FLOOD FRINGE USES: � .
All uses within the Flood Fringe District shall conform to the following standards, and
those as provided in ection 60.616.
A. Buildings and acces ory structures for residential uses shall be constructed on non-
settling fill so tha the basement cellar or first floor, if there is na basement
or cellar, is above th regulatory flood protection elevation. The finished fill
elevation shall be at o above the established regulatory flood protection
elevation for the partic ar area and shall extend at such elevation at least 15
feet beyond the limits of y structure or building erected thereon.
6. Bui]dings or structures for c mnercial uses shall be constructed on fill so that
the cellar, basement or first loor, if there is no cellar or basement, is above
the regulatory flood protection levation.
C. Buildings, structures and appurten ces used for manufacturing or industrial
purposes shall be protected to the r ulatory flood protection elevation by either
, construction on fill so that the cell , basement or first floor, if there is no
basement or cellar, is above the regula ory flood protection elevation, or by
utilizing approved flood-proofing constr ction to protect to the regulatory flood
protection elevation. Measures shall �e ken to minimize interference with normaT
plant operations during anticipated periods of flooding,
� D. Mining and extraction operations shall not be ermitted.
E. Islands shall be used only for public recreation l , historic �preservation and wild-
life preservation purposes. .
F. Land accessory to corrmercial or industrial uses such s yards, railroad tracks and
parking areas which are below the regulatory flood pr ection elevation shall not
be designed, designated or used by the general public i the area is subject to
inundation to a depth greater than two feet or subject t flood velocities greater
than four feet per second upon the occurrence of the regi al flood unless a flood
warning system is provided. �
G. All uses of the Flood Fringe District shall be consistent wit'� the provisions of
the statewide standards and criteria for management of Floodpl in Areas of
Minnesota adopted by the Minnesota State Department of Natural esources and with
the city's comprehensive Floodplain and River Corridor Developme t Plans.
60.601 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS:
Uses other than those specified above and not prohibited by the Zoning�rdinance and
other ordinances shall be permitted only upon application_ and issuance of a Conditional
Use Permit by the Planning Commission and subject to the following provisions and to
those in Section 60.616.
. —10—
, , , , , �����
A. Where existi streets or utilities are at elevations which make compliance with
this ordinance impractical or in other special circumstances, the Planning Commis-
sion may author e other techniques for protection of structures . Structures other
than residences t t ordinarily sF�all be elevated on fill as provided above may, i��
special circumstan s, be otherwise elevated or protected to a point above the
regulatory flood pro ction elevation.
B. For public utilities, r ds, railroad tracks and bridges where failure or interrup-
tion of these public faci ities would not result in danger to the public health or
safety or where such facili ies are not essential to the orderly functioning of the
area, a lesser degree of pro ection may be provided.
C. Structural works for flood cont ol may be permitted provided ti�at they comply with
the Standards for Floodway Condi ional Uses set forth in Section 60.597 herein.
D. Waste treatment and waste disposal acilities that conform to the Standards for
Flood Fringe uses may be permitted a shall conform to the following provisions:
� .
. 1 . �No new construction, addition, or m dification to existing waste facilities
shall be permitted within the floodp in unless emergency plans and procedures
for action to be taken in the event o .flooding are prepared, filed with, and
approved by the Minnesota Pollution Con rol Agency. The emergency plans and
procedures must provide for measures to event introduction of any pollutant
...� or toxic material into the flood waters.
2. There shall be no disposal of solid waste ma rTals within the floodplain.
60.b02 RC-3 RIVER CORRIDOR URBAN OPEN DISTRICT
60.603 INTENT:
It is intended that lands and waters within this district sh 11 be managed to conserve
and protect the existing and potential recreational , scenic, atural , and historic
resources . Open space provided in the open rive� corridor is r public use and the
protection of unique natural and scenic resources. The existin transportation role� of
the river in this district will be protected.
60.604 PRINCIPAL USES PERMITTED:
In an RC-3 River Corridor Urban Open overlay district, use of the lan , location and
erection of new buildings or structures, and the alteration, enlargeme t and moving ofi
existing buildings or structures from other locations or districts shall conform to
those specified uses and standards of the corresponding underlying dist ict of the
Zoning Ordinance as established in Section 60.401 to the extent that they are not
prohibited by��any other provision of the ordinance. In addition, permitted uses si��all
be subject to the following applicable standards and those in Seciion 60.616.
' . � —11—
�Cj���..�
60.605 STANDARDS FOR URBAN OPEN USES:
A. Development shall b limited to 40 feet in height.
B. The development of ne and expansion of existing commercial and industrial uses
shall only be on lands hich are on the landward side of blufflines.
C. Mining and extraction oper tions shall not be permitted.
D. Advertising signs shall not b permitted. Roof signs or pole signs above the
height of the associated struc re shall not be permitted.
60.606 PRINCIPAL USES PERMITTED SUBJE T TO SPEGIAL CONDITIONS:
, Principal uses permitted subject to spec� 1 conditions are those specified by the
corresponding underlying district as estab ished in Section 60.401 to the extent that
they are not prohibited by any other provis n of this ordinance. They are subject to
Standards specified in the corresponding unde lying district section and to those
specified in Section 60.616.
Such uses will be permitted only upon application and issuance of a Conditional Use
Permit by the Planning Commission.
' 60.607 RC-4 RIVER CORRIDOR URBAN DIVERSIFIED DISTRI T � .
�,..
.60.608 INTENT:
It is intended that the lands and waters in this district e used and d�veloped to main-
tain the present diversity of commercial , industrial ; resid tial , and public uses of
the lands , including the existing transportation use of the iver; to protect histor-
ical •sites and areas, natural scenic and environmental� resour s; and to expand public
access to and enjoyment of the river. New commercial , industr� 1 , residential , and
other uses are permitted if they are compatible with these goal
60.609 PRINCIPAL USES PERMITTED:
In an RC-4 River Corridor Urban Diversified overlay district, use o the land, location
and erection of new buildings or structures and the alteration, enla ement and moving
of existing buildings or structures from other locations or districts`�shall conform to
those specifaed uses and standards of the corresponding underlay district of the Zoning
Ordinance as establisf�ed in Section 60.401 to the extent tha't they are not prohibited
by any other provision of the Ordinance. In addition, permitted uses shall be subject
to the following applicable standards and those in Section 60.616.
60.610 PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL COtJDITIONS:
Principal uses permitted subject to special conditions are those specified by the
corresponding underlying district as established in Section 60.401 to the extent that
they are not prohibited by any other provisions of this Ordinance. They are subject to
standards s•Pecified in the corresponding underlying district section and to those
specified in Section 60.616.
—12—
� ' , �[ �)��.�
Such uses will be p rmitted only upon application and issuance of a Conditional Use
Permit by the Plann ng Commission.
60.611 GFP: GENERAL FLOOOPLAIN DISTRICT (Outside the River Corridor)
60. 612 PRINCIPAL USES P ITTED:
Permitted uses shall includ those uses permitted by Section 60.595 of this Ordinai�c:e.
, �
�
60.613 PRINCIPAL USES PERMITT� SUBJECT TO SPECIAL CONUITIONS:
`°r�
All other uses are Conditional Use� and are permitted or.ly upon the issuar;cc o� a
special use permit as provided in S�ction 60.617. The General Flooc,plain �isit•ic�
includes the entire floodplain and do'�s not differentiate between tho;E are:.s t�iat ar�e
floodway and those areas that are flood� fringe. Because of this the Planniny .4dm�ir�-
istrator shall determine whether the pro�a,osed use in the floodway or flood friny� i►�
accordance with Section 60.617. If it is�etermined that the -�se lies in the floodway,
the provisions of Section 60.594 of this ort�inance shall apply. If it is determined
that the proposed use lies in the flood frin , the provisions of Section 60.598 of
this ordinance shall apply.
60.614 RIVER CORRIDOR AND GENERAL FLOODPLAIN ST DARDS AND CRITERIA
��
' 60.615 OBJECTIVES:
.,.,� - ,
�
The objective of Standards and Criteria is to maintain��he aesthetic integrity and
natural environment of the River Corridor in conformance�,to the St. Paul Mississi � i
River Corridor Plan, by: reducing the effects of poorly {�,�anned shoreline and. b uff-
ine evelopment; providing sufficient setback for sanitarj�� facilities; preventing
pollution of surface and ground water; minimizing flood damaqe; preventing soil erosion;
and implementing Metropolitan Plans, Policies and Standards . `-
60.616 STANDARDS AND CRITERIA:
.
A. PROTECTION OF SHORELANDS, WETLANOS AND BLUFFS. Development shall be conducted so
that the smallest practical area of land be developed at any one time, and that
each area be subjected to as little erosion or flood damage as pbssible during and -
after development.
1 . Placement of Structures ,
a. No mobile home or mobile home park shall be permitted in the River
Corridor/General Floodplain District.
b. The structure or structures, if permitted and applicable, shall be con- �
structed and placed on the building site so as to offer the minimum obstruc-
tion to the flow of flood waters having, whenever possible, the longi-
tudinal axis parallel to the direction of the flood flow, and being, so far
as practicable, placed approximately on the same flow lines as adjoining
structures. ,
� -13-
. �i�'����
c. The following minimum setbacks for each class of public waters as described
in Minnesota Regulations NR-82 shail apply to all structures except those
speci'�ied as exceptions in (i ) below.
- For ,Natural Environment Waters at least 200 feet from the normal high
wate mark for lots not served 6y public sewer and at least 150 feet �
from t ordinary high water mark for lots served by public sewers.
- For General Development Waters at least 75 feet from the normal high
water mark � lots not served by public sewer and at least 50 feet
from the ordin'a�ry higf� water mark for lots served by public sewer.
d. No commercial or induS� rial development shall be permitted on slopes
greater than 12%.
e. No residential development hall be permitted on slopes greater than 18�.
`�,
f. Bluff development shall take p'�ace at least 40 feet landward of all bluff-
. lines.
. `��
g. Transportation, utility and other t``�ansmission service facilities and
corridors shall avoid: �. �
�,:
� 1 . Steep slopes; �
2. Intrusions into or over streams, vall s and open exposures of water;
3. Intrusions into ridge crests and F�igh ints;
4. Creating tunnel vistas; �, �
5. Wetlands;
6. Forests by running along fringe rather than through them. If necessary,
to route through forests, utilize open areas in order to minimize
, cutting;
7. Soils susceptible to erosion, which would crea sedimentation and
pollution problems; '•
8. Areas of unstable soils which would be subject t�extensive slippages;
9. Areas with high water tables; and ��
10. Open space recreation areas. ''
h. At river crossing points, public facilities, crossing corr'idors and other
rights-of-way shall be consolidated, so that the smallest a'r.ea possible is
devoted to crossing.
i . Exceptions:
- Location of piers and docks shall be controlled by applicable state and
� . locai regu]ations.
- Commercial , industrial or permitted open space uses requiring location
on public waters may be closer to such waters than the setbacks
specified in standard (c) above.
. -14-
,
' ---- "ro�+�C)��Y:�
2. Grading and Filling
a. No minimum amount of filling shall be allowed when necessary, but in no
case shall the ollowing restrictions on filling be exceeded. Furthermore,
�fil.l opportuniti s shall be fairly apportioned to riparian land owners.
The developer sha. l evaluate ownership patterns, configuration and the
bottom profile of e ch wetland 6asin before fill opportunities are appor-
t9oned.
b. Grading and filling in oreland areas (when allowable) or any other sub-
stantial alteration of th natural topograptlY shall be controlled in
accordance with the follow cr�iterla:
- The smallest amount of bar ground shall be exposed for as short a tim�
as feasible. .
- Temporary ground cover shall used.
- Methods to prevent erosion and rap sediment shall be employed.
- Fill shall be stabilized.
� . c. Any fill or other materfial proposed to deposited in the floodplain must '
be essential to carry out the permitted u s within the floodplain and it
must not �mpede the hydraulic capacity� of e floodplain or unduly increase
the velocity of any potential flood, The am nt thereof must not exceed
�. that necessary to achieve the intended purpos and it sha11 be protected
against erosion by rip-rap, vegetation cover, o bulk-heading.
d. Only fi11 free of chemical pollutants and organic stes shall be used.
e. Total filling shall not cause the total natural flood torage capacity of
the wetland to fall below the natural volume of runoff rom the wetland and
watershed generated by a 100 year storm, as defined by t e National Weather
Service.
f. Solid waste dlsposal and landfill shall n�t be permitted in he River
Corridor District..
g. Development sha11 fit existing topography and vegetation with a minimum of
clearing and grading. '�
. w
h. No rehabilitated slopes shall be steeper than 18% slope.
i. Dred in of a shoreland or wetland shall be a d �
g g llowe only when �t wil� not
have adverse effect upon the wetland. Dredging when allowed shall be
limited as follows: �
- It shall be located in the areas of minimum vegetation.
- It shall not significantly change the water flow characteristics.
- The size of the dredged area shall be limited to the absolute minimum.
- Deposit of dredged material shall not result in a change in the current
. flow, or in destruction of vegetation, fish spawning areas or water
� pollution. �
. —15—
. ' ' ��Cl���,�
B. PROTECTION OF WI LIFE AND VEGETATION. Development shall be conducted so as to
avoid intrusion ta,anjmal and plant habitats that would threaten survival of
these species.
'4. �
l . No alteration of�';the natural environment or removal of vegetation shall be
permitted when suc�h alteration or removal would diminish the ability of depen-
dent wildlife to su vive in the River Corridor.
2. No wetland or blufflin vegetation shall be removed or altered except that
required for the placem t of structures.
3. Clear cutting shall be proh bited, except as necessary for placing approved
public roads, utilities, str tures and parking areas.
4. Natural vegetation shall be res red after any construction project.
5. Watering areas necessary for plant rvival shall be maintained or provided.
6. Development shall not cause extreme �fl tuations of water levels or unnatural
changes in water temperature, water qual 'ty, water currents or movements which
may have an adverse impact on endangered unique species of birds or wildlife.
C. PROTECTION OF WATER QUALITY. Development shall o cur so that surface and subsur-
. face water is not adversely affected by contaminan . Water quality should meet or
�'� exceed state standards.
l . Contamination �
�
a. Development shall not be permitted on wet soils, `v,ery shallow soils, soils
with high shrink-swell , or frost action potential itnless it is shown that
. appropriate construction techniques capable of overcnming the restrictive
� condition wiil be utilized. �
b. Septic tanks and soil absorption systems shall not be permitted where
public sewer 'systems are available. In areas where publi� sewers are not
available, systems shall be set back from the normal high water mark in
accordance with the class of public waters as prescribed in Minnesota
Regulations NR-82:
- On Natural Environment Waters, at least 150 feet.
- On General Development Waters, at least 50 feet.
c. Private wells shall be placed in areas not subject to flooding and up slope
from any source of contamination. Wells already existing in areas .subject
to flooding shall be flood proofed in accordance with accepted eng�ineering
standards as defined in the Uniform State Building Code.
' —16—
J . � � • • ��\7��TP�
d. Cortgnercial or industrial land uses requiring the storage or production of
materials �r wastes that may create a pol7ution hazard for groundwater or
surface wat�r shall be prohibited unless the quality of both the ground-
water and su�ace waters can conform to all applicable state and federal
standards, cri��erja, rules and regulations.
2. Runoff
a. The phases .of development shall be planned so that only areas which are
actively being develop�d are exposed. Other areas shall have cover of
vegetation or mulch.
,,,
,
b. Natural vegetation in shore�,nd and bluff areas shall be preserved to �
retard surface runof'f and soi'f�\erosion and to utilize excess nutrients.
c. Sediment shall be retained within he development site area either by
filtering runoff as it flows throu the development area or by detaining
sediment-laden runoff in a sediment sin, so that the soil particles
settle out. `�
�..
d. Water released to a drainage system shall e directed in such a manner as
to travel over natural areas rather than ac ss contaminated surfaces.
�,�, e. Stormwater runoff may be directed to wetlands�ily when free of silt,
debris and chemical pollutants and only at rates�`which will not disturb
vegetation or increase turbidity. �._
f. Development which takes place near slopes greater th�n 12� shall n:ot result
in increased runoff onto those slopes sufficient to d�age vegetation or
structures thereon. �
60.617 � RIVER CORRIDOR AND GENERAL FLOOD PLAIN CONDITIONAL USE PERMI�
A. Conditional Use ?ermits shall be issued by the Planning Commission,;'�except that the
Planning Commission may delegate authority to issue Conditional Use ermits to the
Planning Administrator according to rules which the Commission may pr�,scribe. Such
rules will be filed with the Office of the City Clerk: Applications shall be
submitted to the Planning Administrator together with application fee i`�i the amount
determined by the City Council . Upon� receipt of an application, the Pla'nning Ad�nin-
istrator shall determine whether to require any or all of, the following four (4)
items of information supplied by the applicant as a prerequisite to the considera-
tion of the application:
l . Plans in triplicate drawn to scale prepared by and signed by a registered engi-
neer, architect and/or land survey�r as applicable, showing the nature, 7oca-
tion, dimensions and elevation of the land; existing surface contours, struc-
tures, streets and utilities; prnposed surface contours, structures, fill and
the location and elevations of proposed streets, water supply, sanitary facili-
ties and other utilities showing the relationship of the above to the channel
and to the designated River Corridor or General Floodplain District limits.
-17-
r , , . •
. �
_ �����'�.�,]
2. Typical valley cros�=�ections of areas to be occupied by the proposed develop-
ment showing the ch�nnel of the stream, elevation of land areas, high water
information, vegetat�ion and soil types.
\
3. Plan (surface view) of��he proposed development showing the proposed use or
uses of the area and str tures and providing location, relationships and
spatial arrangements of th e uses and related structures to pertinent eleva-
tions, fill , storage locatio utilities and other features.
4. Profile showing the slope of the ottom of the channel and flow lines of the
stream.
B. Applicable Conditional Use Permits for la s in the designated River Corridor
District and General Floodplain District mu be obtained prior to application for
all other permits required by law and ordinan . Zoning and Conditional Use
Permits for River Corridor and General Floodpla 'n areas are supplementary to other
zoning ar�d building permits.
C. Fac�ors Considered: In passing upon Conditional Us Permit applications, the
� Planning Commission or Planning Administrator shall c sider all relevant factors
specified in sections of this ordinance and,
l . The relationship of the proposed use to the comprehen 've plan and floodplain
;,,, management program for the city.
2. The importance of the services provided by the proposed cility to the
corranun i ty.
3. The compatibility of the proposed use with existing develop nt and development
anticipated in the foreseeable future. �
4. The ability of the existing topography, soils, and geology to upport and
accommodate the proposed use.
5.. The compatibility of the proposed use with existing characterist'�cs of biologic
and other natural communities. �
� 6. The proposed water supply and sanitation systems and the ability o� these
systems to prevent disease, contamination, and unsanitary condition�.
7. The requirements of the facility for a river-dependent location, if �pplicable.
8. The safety of access to the property for ordinary vehicles. '�,
9. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
10. The damgers to life and property �due to increased flood heights or velocities
caused by encroachments. �
11 . The expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site.
12. The danger that materials may be swept onto other lands or downstream to the
injury of other. �
13. The availability of alternative locations or configurations for the proposed
use.
14. Such other factors which are relevant to the purposes of this ordinance.
- " —18—
� . � -
. � - . ��C7���,A
(.
i
D. Within sixty (60) days from the date of application for Conditional Use Permit, the
Planning Administratqr shall� submit the application together with additional infor-
mation obtained under`60.614(a) herein to the Planning Commission. Unless the
authority to issue the ` onditional Use Permit has been delegated to the Planning
Administ.rator, the Comrni ion shall then fix a time for hearing and give the appli-
cant at least ten (10) day ��written notice thereof. At the hearing the Commission
shall hear the report of the' Qlanning Administrator, and the applicant shall be
given reasonable opportunity t be heard.
E. Based upon all the reports, reco �ndations and evidence presented to the Corrmis-
sion, the Commission shall render i written decision within a reasonable time
following the hearing, and a copy of uch decision shall be maiied to the applicant.
In granting a Conditional Use Permit t Commission may prescribe any appropriate _ �
conditions and safeguards, which are in nformity with the purposes of this
ordinance.
F. All decisions by the Planning Commission or nning Administrator granting or
denying a Conditional 'Use Permit sha11 be fina subject to appea7` to the City
Council as outlined herein.
G. A copy of the application of� the proposed Condition 1 Uses sha11 be submitted to the
Commissioner of Natural Resources sufficient�ly �in ad nce so that the Commissioner
will receive at least ten days notice of the hearing. A copy of all decisions
�- granting Conditional Use Permits shall be forwarded to he Corr�nissioner of Natural
Resources within ten (10) days of such action.
H. Conditions Imposed. The Planning Commission or Planning A inlstrator may attach
such conditions to the grant.ing of Conditional Use Permits each deems necessary
to fulfill the purposes of this ordinance. Such conditions y include, but are
not limited to, the following:
1 . Modifications of design, site plann�ing, or site treatment.
2. Requirements for implementation of erosion and sediment cont 1 , vegetation
management, wildlife management and other protective material .
3. Modifications of waste disposal and water supply facilities or operations.
4. Limitations on period of use and operation.
5. Imposition of operational controls , sureties, and deed restrictinns.
6. Requirements for construction of channe] improvements , modifications, dredging, ,
dikes, levees, and other protective measures.
—19—
� . � ' .
, , ������
7. Flood proofingc�neasures shall be designed consistent with state established
flood proofing standards and with the flood protection elevation for the parti-
cular area inclu�ing flood velocities, duration and rate of rise, hydrostatic
and hydrodynamic f ces, and other factors associated with the regulatory flood.
The Corrmission shall equire that the applicant submit a plan or document
certified by a registe d professional engineer or architect that the flood
proofing measures are co istent with the regulatory flood elevation and
associated flood factors f the particular area. The flood proofing measures
that may be required include, ut are not limited to, the following:
a. Anchorage to resist flotation nd lateral movement.
b. Installation of watertight door bulkheads and shutters, or similar
methods of construction.
c. Reinforcement of walls to resist wa er pressure.
d. Use of paints, membranes, or mortars o reduce seepage of water through
walls.
e. Addition of mass or weight to structures to resist flotation.
f. Installation of pumps to lower water leve in structures.
g. Construction of water supply and waste trea ent systems to prevent the
�° entrance of flood waters.
h. Installation of pumping facilities or comparab practice for subsurface
drainage systems for buildings to relieve exter 1 foundation wail and
basement floor pressures.
i. Construction to resist rupture or collapse caused water pressure or
floating debris.
j. Installation of valves or controls on sanitary and s rm drainage which
will permit the drains to be closed to prevent back-u of sewage and storm
waters into the buildings or structures. Gravity drai 'ng of basements may
. be eliminated by mechanical devices.
� k. Location of a11 electrical equipment, circuits, and insta led electrical
appliances such that they are not subject to flooding by t�ie regional flood.
1 . Location of any structural storage �facilities for chemicaisr� explosives,
buoyant materials, flammable liquids, or other toxic materia�ls, which could
° be hazardous to public health, safety, and welfare, above th ' flood protec-
tion elevation or provision of adequate flood proofing to pre�ent flotation
of or damage to storage containers which could result in the e�cape of
toxic materials into flood waters. ' �
� —20—
� , � - � < . �
� , � ������
8. Specifications for building construction and materiais, filling and grading,
water supply, sanatary facilities, utilities and other work or construction
� to be submitted to the City Building Department for review and approval prior
to any development.
60.800 APPEAL:
Notwithstanding any other pro ' ions of the Zoning Ordinance, appeals from the
decisions of the Planning Commi ion or Planning Coordinator on floodplain matters
may be taken directly to the City ouncil . Appeals shall be initiated by filing of
a written notice of appeal and a wr ten statement containing the factual basis of
the appeal , together with a copy of t decision with the City Clerk within thirty
(30) calendar days from the date of iss nce of such decision. The Clerk shall report
the filing of such notice of appeal at t Council meeting next following said filing,
and the Council shall fix a date for heari . The Clerk sha11 notify the appellant
and the Planning Coordinator of the public h ring date. The Council shall hear all
persons and all objections and recomnendation relative to the decision, and the
Council may grant or deny the application. If e Council should grant a Conditional
Use Permit, it may prescribe appropriate conditi s and safeguards in conformity with
this ordinance. The Council 's decision shall be al subject to review of the
District Court of Ramsey County in accordance with e provisions of Minnesota
Statutes, Section 462.361 .
60.850 VARIANCES
The Planning Comnission is hereby authorized to recomnend odifications to the
provisions of this floadplain management ordinance where it ppears that by reasorr
of exceptional circumstances the strict enforcement of this dinance would cause
undue hardship and strict conformity with the standards would e unreasonable, .
impractical and not feasible under the circumstances. Modifica ions granted by the
Planning Comnission shall be consistent with the general purpos of the standards
contained in this ordinance and s tate law, and the intent of app 'cable state and
national laws and programs. Although modifications may be used t modify permissible
methods of flood protection, no modification shall have the effect f allowing in
any district uses prohibited in that district, permit a lower degre of flood pro-
tection that the flood protection elevation for the particular area, or permit a
lesser degree of flood protection than required by state law. Appeal from the
decision of the Planning Commission may be taken to the City Council i accordance
with Section 64.204 of the Saint Paul Legislative Code. `
A copy of the appiication for a Modification shall be submitted to the Comnissioner '
of Natural Resources sufficiently in advance so that the Corr�nissioner will receiv�
at least ten days notice of the Planning Commission hearing. A copy of all decisions
granting modifications shall be forwarded to the Commissioner of Natural Resources
within ten (10) days of such action.
-21-
WHITE - CITV CLERK �����n
PINK - FINANCE COl1I1C11 � v
CANARV - DEPAR°fME�N. - GITY OF SAINT PAiTL �
BL��� r�,4VOR ` � . File �O.
+ Ordin�nce Ordinance N0.
Presented By
Referred To Committee: Date
Out of Committee By Date
\.
�,
��, Section 5.
`�
This ordinance shall `t�ke effect and be in force thirty (30) days from
and after its passage, appro 1 and publication.
��
°�.
� �
��
�
�
�
��
�
��
�
��
���.
°w�.
�.
�4
�
��4y
_/�/�_ T
LL
�`R
•,F
Yeas COUNCILME Na s Requested by Department of: ,.
Y
�X McMahon
Hozza In Favor
Hunt
Levine Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved by Ma or for Submission to Council
B B � ��Q` .`i?�� /
Y Y
.�� �"
.. :
>x �
�' � Y}�,3. ��=� �... .�..H
� ;, t:.
,__„ :.� �
�
� ���
lat t • 2nd ���a
���
�d_;_, Adcp cea ,�—�� �'�
_ � I �/ pi
Taaa Nays
MCMAHON
�
� HUNT 1 C: � �,f�
LEYINE
�Dax 2'73'749
SHOWALTER
TEDESCO
-� PRESIDENT (HOZZA)
t. ,