Chapters 60 through 69 shall be known and may be cited as the Saint Paul Zoning Code.

This zoning code is enacted pursuant to the authority granted to the municipality by Minnesota Statutes sections 462.351 through 462.365.

This code is adopted by the City of Saint Paul for the following purposes:

(a)

To promote and to protect the public health, safety, morals, aesthetics, economic viability and general welfare of the community;

(b)

To implement the policies of the comprehensive plan;

(c)

To classify all property in such manner as to encourage the most appropriate use of land throughout the city;

(d)

To regulate the location, construction, reconstruction, alteration and use of buildings, structures and land;

(e)

To ensure adequate light, air, privacy and convenience of access to property;

(f)

To facilitate the adequate provision of transportation, water, sewage disposal, education, recreation and other public requirements;

(g)

To flexibly address travel and parking demands from new and existing development;

(h)

To provide for safe and efficient circulation of all modes of transportation, including transit, pedestrian and bicycle traffic;

(i)

To encourage a compatible mix of land uses, at densities that support transit, that reflect the scale, character and urban design of Saint Paul's existing traditional neighborhoods;

(j)

To provide housing choice and housing affordability;

(k)

To promote the conservation of energy and the utilization of renewable energy resources;

(l)

To conserve and improve property values;

(m)

To protect all areas of the city from harmful encroachment by incompatible uses;

(n)

To prevent the overcrowding of land and undue congestion of population;

(o)

To fix reasonable standards to which buildings, structures and uses shall conform;

(p)

To protect water resources, improve water quality, and promote water conservation;

(q)

To provide for the adaptive reuse of nonconforming buildings and structures and for the elimination of nonconforming uses of land;

(r)

To define the powers and duties of the administrative officers and bodies;

(s)

To provide penalties for violations of the provisions of this code or any subsequent amendment thereto; and,

(t)

To provide for a board of zoning appeals and its powers and duties.

(C.F. No. 05-443, § 1, 7-15-05; C.F. No. 09-1286, § 1, 12-23-09; Ord. 21-27, § 1, 8-18-21)

The following rules of construction apply to the text of this code:

(a)

The particular shall control the general.

(b)

In case of any difference of meaning or implication between the text of this code and any caption or illustration, the text shall control. Illustrations in this zoning code are provided for purposes of describing, clarifying or providing examples; such illustrations are not to scale and do not replace, limit or expand the meaning of the text.

(c)

The word "shall" is mandatory, and the word "may" is permissive.

(d)

Words used in the present tense include the future; words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(f)

The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(g)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either…or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

"Either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(h)

"Abut" means having a common boundary or relationship at a common property line, street or alley.

(i)

"Adjacent" means located nearby, with or without contact.

(j)

"Adjoin" means having a common boundary or relationship at a common property line.

(k)

"Contiguous" means abutting.

(l)

A "—" shall mean "through" when used between zoning district abbreviations within a land use category, e.g., "H1—RM2" residential districts shall mean H1, H2, RM1, and RM2 residential districts.

(Ord 15-32, § 1, 7-22-15; Ord 25-34, § 2, 7-16-25)

No building or structure, or part thereof, shall hereafter be erected, constructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure, or land, or part thereof, except in conformity with the provisions of this code.

Essential services shall be permitted as authorized and regulated by law and other provisions of the Saint Paul Legislative Code, it being the intention hereof to exempt such essential services from the application of this zoning code.

The provisions of this code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

In their interpretation and application, the provisions of this code shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, aesthetics, economic viability, convenience or general welfare. It is not intended by this code to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law, ordinance, rules or regulations. The city may impose additional requirements where deemed reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning code and the policies of the comprehensive plan.

(a)

Conflicting regulations. Whenever any provision of this code conflicts with any other provision of this code or any other law or ordinance, the more restrictive provision shall govern, except as otherwise specifically provided.

(b)

Reference to other regulations. In addition to the requirements of this zoning code, all uses and development shall comply with all other applicable city, local, regional, state and federal laws and regulations. All references in this zoning code to other city, local, regional, state or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of other local, regional, state or federal regulations.

(c)

Current versions and citations. All references to other city, local, regional, state or federal regulations in this zoning code are intended to refer to the most current version and citation for those regulations. If such references are no longer valid due to repeal or renumbering, the new regulations intended to replace those cited, regardless of the citation, shall govern, unless otherwise specified.

(C.F. No. 10-349, § 1, 4-28-10)

The city has a legitimate interest in preserving the character of residential neighborhoods by adopting regulations relating to the number and type of structures and uses, the number of persons who may occupy a dwelling or structure, and off-street parking, in order to control population density, noise, disturbance and traffic congestion. However, these regulations shall not be applied so as to prevent the city from making reasonable accommodation as required by the Federal Fair Housing Act Amendments of 1988

This zoning code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this zoning code are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the regulations of the zoning code shall govern

(a)

Severability of text. If any section, clause, provision, or portion of this zoning code is determined to be invalid or unconstitutional by a court of competent jurisdiction, that section, clause, provision, or portion shall be deemed severed from the zoning code, and such determination shall not affect the validity of the remainder of the zoning code.

(b)

Severability of application. If the application of any portion of this zoning code to a particular property is determined to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall not affect the application of said provision to any other property.

(C.F. No. 10-349, § 1, 4-28-10)

Nothing in this code shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

For the purposes of this zoning code, the terms defined in article II. 60.200. general definitions, shall have the meanings ascribed to them herein. Where terms are not defined herein, they shall have ascribed to them their ordinarily accepted meanings and/or such as the context herein may imply.

Alley. A dedicated public way not more than thirty (30) feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration. Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as foundations, walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Apartment. A suite of rooms or a room in a multiple-family dwelling arranged and intended for a place of residence of a single family.

Applicant. The applicant for a building, grading or fill permit, plat approval or site plan review.

Attic. An unfinished space immediately below the roof of a main building.

Backwater. A body of water connected with, but little affected by, the main stream.

Barge fleeting area. An area on the river, on or off channel, where barges are temporarily parked and secured while tows are assembled or broken up.

Barge slip. A basin, usually adjacent to a wharf, jetty, dock or other cargo-handling facility, where barges are brought for the purposes of loading or unloading cargo.

Basement. A portion of a building that is partly below grade and so located that the vertical distance from the average grade to the floor is less than the vertical distance from the average grade to the ceiling (that is, more than half way above ground). This portion of a building is not a completed structure and serves as a substructure or foundation for a building.

Block. The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating); or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other physical barrier to the continuity of development, or corporate boundary line of the municipality.

Bluffline. A line along the top of certain steep slopes facing the Mississippi River Valley as shown on the River Corridor Zoning Maps. In any particular case, the bluffline shall mean a line drawn along the top of the bluff such that the slope below the line is steeper than eighteen (18) percent and the slope above is eighteen (18) percent or less.

Buildable area. That area of a platted lot lying within the required setbacks, exclusive of those areas that are prohibited from development due to steep slopes, wetlands, easements or other conditions protected by ordinance or legal agreement.

Building. Any permanent structure having a roof supported by columns or walls, specifically excluding trailers and semitrailers as defined by Minnesota Statutes, chapter 169.

Building code. The Minnesota State Building Code, as adopted by the city under chapter 33 of the Saint Paul Legislative Code.

Building height. The vertical distance measured from the established grade to the highest point of the roof surface for flat and shed roofs; to the break line of mansard roofs; and to the average height between eaves and ridge for gable, gambrel, and hip roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. The existing grade of the property shall not be raised around a new building or foundation in order to comply with the height requirements of this code. When there is a dormer built into the roof, the height is measured to the midpoint of the dormer roof if the dormer(s) roof width exceeds fifty (50) percent or more of the building roof width on the side where the dormer(s) is located.

Building line. A line formed by the above grade face of the building, and for the purpose of this code, a minimum building line is the same as a front setback line.

Building, totally or completely enclosed. A structure which provides for all uses to be carried on within walls, and is furnished with doors so that the facility may be totally closed from access.

Business. The engaging in the purchase, sale, barter or exchange of goods, wares, or merchandise or the maintenance or operation of offices or recreational or amusement enterprises, or the furnishing of services for compensation.

(C.F. No. 10-277, § 2, 4-14-10; C.F. No. 10-349, § 1, 4-28-10)

Caliper inches. The length of a straight line measured through the trunk of a tree six (6) inches above the ground.

Canopy. The horizontal extension of a tree's branches in all directions from its trunk.

Capitol area. The area encompassing the state capitol and its surroundings as shown on zoning maps. The zoning regulations in this area are under the jurisdiction of the capitol area architectural and planning board.

Cellar. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling (that is, more than half-way below ground). This portion is not a completed structure and serves as a substructure or foundation for a building.

City engineer. The so designated city engineer of the department of public works of the city.

Clear cutting. The removal of an entire stand of trees and shrubs.

Code. "Code" or "this code," unless the context clearly indicates the Legislative Code or some other code (building, housing, fire, etc.) means the Saint Paul Zoning Code.

Commercial vehicle. Any vehicle serving purposes other than the transportation of persons or registered for a gross vehicle weight of more than nine thousand (9000) pounds. This definition includes, but is not limited to buses, semi-trailers, tractors, skid loaders, flatbeds, dump trucks, hearses, farm equipment, trailers, and trucks that are designed for use in construction, snow removal or tree trimming.

Comprehensive plan. The city's comprehensive plan, being a compilation of policy statements, goals and objectives, standards, maps, and statistical data to guide the physical, social and economic development, both public and private, of the community, as adopted by the city council, including any amendments or small area plans adopted as addenda to the comprehensive plan.

Council. The council of the City of Saint Paul.

DBH. Diameter at breast height, or the diameter in inches of a tree measured at four and one-half (4½) feet above the existing grade.

Development. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

Development (river corridor district 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 (2) or more parcels.

District. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this zoning code.

Drip line. An imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground.

Dwelling unit. A building or part thereof that provides complete living facilities, including bathroom and kitchen facilities, for the exclusive and unhindered use of one (1) household.

(C.F. No. 10-349, § 1, 4-28-10; Ord 21-4, § 1, 3-10-21)

Earth-sheltered structure. Any completed building constructed so that fifty (50) percent of the exterior surface area of the building excluding garages and other accessory buildings is covered with earth, and constructed to the following standards:

(1)

Eighty (80) percent or more of the roof area is covered with a minimum depth of twelve (12) inches of earth;

(2)

Fifty (50) percent or more of the wall area is covered with a minimum depth of twelve (12) inches of earth;

(3)

Those portions of the structure not insulated with a minimum of seven (7) feet of earth shall have additional insulation.

Erected. The word "erected" includes built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the building or structure. Excavation, fill, drainage and the like shall be considered a part of erection.

Erosion. The general process by which soils are removed by flowing surface or subsurface water or by wind.

Essential services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission or distribution system collection, communication, supply or disposal system, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

Excavation. Any breaking of ground, except common household gardening and ground care.

Family. See Household.

Fence, obscuring. A fence which is eighty (80) percent or more opaque.

Firearm. Any weapon from which is propelled any missile, projectile, bullet or other mass through a barrel by means of explosives or gas or air, but excluding antique firearm, children's toy, "BB" gun, scuba gun, stud gun, nail gun, or similar industrial tool or medical instrument.

Firearms dealer. A person who is federally licensed to sell firearms.

Floor area. The sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, or space used for off-street parking or loading, breezeways, and enclosed and unenclosed porches, elevator or stair bulkheads and accessory structures.

Floor area, gross (for the purposes of computing parking). The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The gross floor area measurement is exclusive of areas of unfinished basements, unfinished cellars, unfinished attics, attached garages, space used for off-street parking or loading, breezeways, enclosed and unenclosed porches and accessory structures.

Floor area ratio (F.A.R.) The total floor area of all buildings or structures on a zoning lot divided by the area of said lot.

Front setback line. A line which is parallel to the front lot line which establishes the minimum front yard depth of a zoning lot. The location of such front setback line shall be determined by the required depth of the front yard as prescribed in the dimensional standards of this code (chapter 66).

(C.F. No. 10-277, § 2, 4-14-10; C.F. No. 10-349, § 1, 4-28-10; C.F. No. 10-403, § 3, 6-16-10; Ord 16-5, § 1, 4-13-16; Ord 21-4, § 1, 3-10-21)

Grade. The elevation established for the purpose of regulating the number of stories and the height of buildings. "Grade" shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.

Guest room. A room or a group of rooms forming a single habitable unit which is located within the walls of a dwelling unit and which is used or intended to be used for sleeping and living, but not for cooking or eating purposes and which is let individually as a unit. The guest room, designed and intended to be rented to a single party, shall consist of no more than two (2) rooms, not including bathing facilities, of which only one (1) shall be a sleeping room.

Hazardous waste. Any refuse or discarded material or combinations of refuse or discarded materials in solid, semisolid, liquid or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological or physical properties. Categories of hazardous waste include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include sewage sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

Household. Six (6) or fewer adults, and minor children in their care, living together in a dwelling unit.

(C.F. No. 10-277, § 2, 4-14-10; Ord 21-4, § 1, 3-10-21)

Infectious waste. Waste meeting the definition of "infectious waste" under Minnesota Statutes, section 116.76, subdivision 12.

Institutional uses. For the purposes of siting cellular telephone antennas, schools (excluding day care uses), parks, cemeteries, golf courses, sports arenas, churches, hospitals, libraries, athletic fields, and land or structures owned by the city, county, state, or federal governments.

Landscaping. Includes plants such as trees, grass and shrubs.

Landscaping, stormwater. Landscaping that integrates stormwater management into the aesthetic amenities of landscaping. Stormwater landscaping shall include recessed landscaped areas for water runoff collection, graded areas that direct runoff flows to landscaped areas designed for water collection, landscaped areas designed for temporary ponding after storms, and use of highly permeable soils conducive to water drainage.

Light rail station area. The area within a one-quarter-mile radius from the centerpoint of a light rail transit station platform. For split platform stations, this is measured from the centerpoint between the two (2) platforms.

Limits of disturbance. The total area within a development site that will be disturbed in any way for land alteration or construction.

Loading dock. A large building door primarily used for loading/unloading items from trucks. The floor of a loading door dock is raised above the truck ramp's surface. This excludes bay doors that are large building doors through which vehicles can drive.

Loading space. An off-street space, on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lot. A parcel of land occupied, or intended to be occupied, by a main building or a group of main buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this zoning code. A lot may or may not be specifically designated as such on public records.

Lot area. The total horizontal area within the lot lines of the lot.

Lot, back. A lot abutting an alley that does not also abut a street.

Lot, corner. A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this code if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight street line, extended, form an interior angle of less than one hundred thirty-five (135) degrees.

Lot coverage. The part or percent of the lot occupied by the above-grade portion of buildings.

Lot depth. The average horizontal distance between the front and rear lot lines.

Lot, flag. A lot with street access provided to the bulk of the lot by means of a corridor of lesser width.

Lot, interior. Any lot other than a corner lot.

Lot lines. The lines bounding a lot as defined herein:

(1)

Front lot line: For an interior lot, the line separating said lot from the street. For a corner lot, the line separating said lot from either street. For a through lot, the line separating said lot from both streets.

(2)

Rear lot line: The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot.

(3)

Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from the street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record. A platted parcel of land, the dimensions of which are shown on a document or map on file with the county recorder and which parcel of land actually exists as so shown; in no case shall a portion of an original platted lot constitute a lot of record.

Lot, reverse flag. A lot with alley access provided to the bulk of the lot by means of a corridor of lesser width.

Lot, reversed frontage corner. A corner lot, the rear lot line of which abuts a side lot line of an abutting lot.

Lot, through. Any lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot.

Lot width. The horizontal distance between the side lot lines, measured at the required front setback line. For flag lots or pie-shaped lots, the lot width is the horizontal distance between the side lot lines, measured at the proposed front building line. Regardless of lot shape, the minimum lot width must be met for the entire length of the principal buildings. For back lots, the lot width applies to both lot dimensions and be met for the entire length and width of the principal buildings.

Lot, zoning. A single tract of land which, at the time of filing for a building permit, is designated by its owners or developers as a tract to be used, developed or built upon as a unit, under ownership or control of one (1) person or joint tenants. A zoning lot shall satisfy this code with respect to area, size, dimensions and frontage as required in the district or districts in which the zoning lot is located. A zoning lot, therefore, may or may not coincide with a lot of record as filed with the county recorder but may include one (1) or more lots of record.

(C.F. No. 10-349, § 1, 4-28-10; C.F. No. 10-403, § 3, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord 23-43, § 1, 10-18-23)

Main (principal) building. A building in which is conducted the principal use of the zoning lot upon which it is situated.

Main (principal) use. The principal use to which the premises are devoted.

Major expansion. An expansion involving a twenty (20) percent or greater addition to the total land area presently covered or used by a residential, industrial, commercial, recreational or public facility.

Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third (⅓) of the area of the room or space in which the level or levels are located.

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.

Multiuse center. A single, unified development on one (1) zoning lot that provides space to a variety of commercial uses and has at least twenty thousand (20,000) square feet of gross floor area.

Municipality. The City of Saint Paul.

(C.F. No. 10-277, § 2, 4-14-10; C.F. No. 10-403, § 3, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord 15-32, § 1, 7-22-15)

Net acreage, net area. The area of a tract or parcel that is designated for development on a master plan, site plan or other development plan, not including any area occupied by a public or private street or alley right-of-way, pedestrian right-of-way, designated wetland or water body, or designated public open space.

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, backwater and sloughs.

Nuisance. A substantial unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious or offensive.

(Ord 12-71, § 1, 12-12-12)

Obscene. Obscene has the same meaning as defined in chapter 274 of the Saint Paul Legislative Code.

Obscene work. Obscene work has the same meaning as defined in chapter 274 of the Saint Paul Legislative Code.

Open space. Land and water areas retained for use as active or passive recreation areas or for resource protection. For the calculation of minimum open space within a T3 traditional neighborhood district development, open space shall not include parking facilities, driveways, utility or service areas, or required yards.

Owner. "Ownership" or "owner" shall mean holder of fee simple title.

(C.F. No. 10-277, § 2, 4-14-10; Ord 15-32, § 1, 7-22-15)

Parking. The placement of automobiles, trucks, trailers, semitrailers, intermodal cargo containers, or other vehicles for five (5) or fewer days.

Parking facility, off-street. All areas, spaces and structures designed, used, required or intended to be used for the parking of more than three (3) motor vehicles. This definition is intended to include adequate driveways, accessways, parking bays, garages, of a combination thereof, but does not include public roads, streets, highways and alleys.

Parking space. An area of definite length and width designed for parking of motor vehicles; said area shall be exclusive of drives, aisles or entrances giving access thereto.

Parking, structured. Off-street parking that is placed within a ramp, deck, underground, enclosed building, or tuck-under garage.

Pathological waste. Waste meeting the definition of "pathological waste" under Minnesota Statutes, section 116.76, subdivision 14.

Pervious pavement. Paving material that allows water to flow though it to minimize stormwater runoff.

Planning administrator or planning coordinator. The head of the division of planning of the department of planning and economic development of the city, or such employees under his direction as he may designate.

Planning district. One (1) of seventeen (17) geographic areas delineated, and from time to time amended, by the city council to facilitate citizen participation and early notification of proposed city actions. An official map of the delineated areas is maintained by the department of planning and economic development.

Ponding area. A basin which retains stormwater runoff from an adjacent area.

Principal use or building. (See "main building" and "main use.")

Public realm. That aspect of the urban environment that is visible and accessible to the public, including both public spaces - such as streets, plazas, sidewalks and parks - and the building walls that frame them.

Public utility. A person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing to the public, under federal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

(C.F. No. 10-403, § 3, 6-16-10; Ord 15-32, § 1, 7-22-15; Ord 16-5, § 1, 4-13-16)

Recyclable material. Reusable material including, but not limited to, glass, plastics and synthetic materials, paper products (such as newspapers, stationery, scrap paper, computer paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood, and building materials, but not including yard waste or mixed municipal solid waste (garbage).

Root zone. The area under a tree that is at and within the drip line of a tree's canopy.

Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface.

(C.F. No. 10-277, § 2, 4-14-10; C.F. No. 10-403, § 3, 6-16-10)

Setback. The distance required to obtain front, side or rear yard open space provisions of this code, measured from the lot line to the above-grade faces of the building.

Sewage treatment system, individual. A sewage treatment system or part thereof serving a dwelling, or other establishment or group thereof, that uses subsurface soil treatment and disposal or aboveground soil treatment in areas of high water table or bedrock or rapidly or slowly permeable soils.

Shoreland. Land located within the following distances from public waters:

(1)

One thousand (1,000) feet from the normal high water mark of a lake, pond, or flowage; and

(2)

Three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The 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.

Sign. (See Chapter 64 Signs.)

Slopes, steep. Slopes which are steeper than one hundred (100) feet horizontal to twelve (12) feet vertical but are not steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (twelve (12) percent to eighteen (18) percent).

Slopes, very steep. Slopes which are steeper than one hundred (100) feet horizontal to eighteen (18) feet vertical (eighteen (18) percent and over).

Source-separated organics. Food scraps and non-recyclable paper that is separated at the source of its creation for the purpose of composting.

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals;

b.

Pubic region;

c.

Buttocks; and

d.

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(4)

No obscene work shall be allowed.

Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpsters that are accessory to the main use; and automobiles, trucks, automobile trailers, semitrailers, intermodal cargo containers, or other vehicles not used for more than five (5) days.

Story. That part of a building, except a mezzanine, as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.

Story, half. An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven (7) feet six (6) inches. For the purpose of this code, the gross floor area is only that area having at least four (4) feet clear height between floor and ceiling.

Street. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

Street, collector. A street connecting neighborhoods within the same communities and designed to carry traffic from local streets to the arterial system.

Street, improved. A public or private right-of-way, other than an alley, paved with concrete, brick or bituminous material, or with an oiled surface, that is maintained for the purpose of providing access to abutting property.

Street line. The property line separating private or public property from a designated street.

Street, local. A street connecting blocks within neighborhoods and designed for short trips at low speeds.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

(C.F. No. 10-349, § 1, 4-28-10; Ord 14-3, § 1, 2-12-14; Ord 15-32, § 1, 7-22-15)

Temporary use or building. A use or building permitted to exist under specific stipulations of this code during periods of construction of the main building or use, or for special events.

Thoroughfare, major. An arterial street which is intended to serve large volumes of traffic for both the municipal area and the region beyond and shall include the following as defined in the comprehensive plan:

(1)

Principal arterial: A street serving the entire metropolitan area and designed for high-volume, high-speed traffic, accessible only from entrance and exit ramps; principal arterials are often referred to as freeways.

(2)

Intermediate arterial: A street connecting subregions and communities and designed to carry medium distance trips at high speeds; ideally direct access should be at major activity centers such as shopping centers.

(3)

Minor arterial: A street connecting adjacent subregions and communities within the same subregion and designed to carry medium distance trips at moderate speeds; many of these streets are characterized by adjacent residential uses.

Tree. Any self-supporting, woody, perennial plant, usually with one (1) main stem or trunk and many branches.

Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. Such line shall be determined during all seasons as if under full foliage.

(Ord 14-12, § 1, 6-4-14)

Use. The principal purpose for which land or a building is being occupied.

Variance. (See: "zoning conditional uses and variances.")

Vestibule. An enclosed entrance intended for the conservation of energy and attached to an entry way of a principal structure.

Volatile solvent. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Volatile solvent includes, but is not limited to, butane, hexane, and propane.

(Ord 24-21, § 1, 9-18-24)

Wetlands. 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 adjacent to or within natural drainageways or as freestanding low areas. Wetland shall consist of Types 1—8 as defined in U.S.D.I. Fish and Wildlife Circular 39.

Yard waste. A collection of lawn clippings, leaves, weeds, garden wastes and prunings.

Yards. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Code, and as defined herein:

(1)

Front yard: An open space extending the full width of the front lot line, the depth of which is the minimum horizontal distance between the front lot line and the nearest above-grade point of the nearest main building. For a corner lot that is not a reversed frontage corner lot, the front yard must adjoin a front yard in an adjoining lot.

(2)

Rear yard: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest above-grade point of the nearest main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

(3)

Side yard: An open space between a side lot line and the nearest main building, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest above-grade point of the nearest main building.

Yards, required. The portions of the yard that extend along a lot line and to a depth or width specified in the yard setback requirements for the zoning district.

(1)

Required front yard: The portion of the yard extending the full width of the front lot line, the depth of which is the minimum front yard setback.

(2)

Required rear yard: The portion of the yard extending the full width of the rear lot line, the depth of which is the minimum rear yard setback.

(3)

Required side yard: The portion of the yard extending along a side lot line between the front yard setback line and the rear yard setback line, the depth of which is the minimum side yard setback.

(Ord 23-43, § 1, 10-18-23)

Zoning committee. An advisory committee to the planning commission, established under section 107.03 of the Saint Paul Administrative Code.

Zoning conditional uses and variances:

(1)

Conditional uses: A conditional use is a use permitted only after review and approval of an application by the planning commission, or the planning or zoning administrator where delegated to do so pursuant to section 61.202(c).

(2)

Variance: A modification of the literal provisions of the zoning code granted when strict enforcement of the zoning code would cause practical difficulties owing to circumstances unique to the individual property on which the variance is granted. There are two (2) categories of variances:

a.

Minor variance. A modification of a provision regulating a one-family detached dwelling and pertaining specifically to construction of a fence, a deck, a swimming pool, an accessory building, or an addition to the main building when the addition is not designed to convert the building for use by more than one (1) family.

b.

Major variance. A modification of a provision regulating any development not specifically included in the definition of minor variance. Major variance includes any modification allowing the construction or moving of a one-family detached dwelling or allowing the addition of a second dwelling unit.

(3)

The "conditional use" differs from the "variance" in several respects. A conditional use does not require hardship in order to be allowable. Conditional uses that are found in this code require approval by the planning commission. These land uses could not be conveniently allocated to one (1) zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one (1) or more of the following:

a.

They require large areas;

b.

They are infrequent;

c.

They sometimes create an unusual amount of traffic;

d.

They are sometimes obnoxious or hazardous;

e.

They are required for public safety and convenience.

(Ord 15-32, § 1, 7-22-15)

For the purposes of this Code, the city is hereby divided into the following zoning districts:

(a)

Residential districts.

RL large lot residential district

H1 residential district

H2 residential district

RM1 low-density, multiple-family residential district

RM2 medium-density, multiple-family residential district

RM3 high-density, multiple-family residential district

(b)

Traditional neighborhood districts.

T1 traditional neighborhood district

T2 traditional neighborhood district

T3 traditional neighborhood district

T4 traditional neighborhood district

(c)

Business districts.

OS office-service district

B1 local business district

BC community business (converted) district

B2 community business district

B3 general business district

B4 central business district

B5 central business-service district

(d)

Industrial districts.

IT transitional industrial district

I1 light industrial district

I2 general industrial district

I3 heavy industrial district

(e)

Civic and open space districts.

CO civic and open space district

CV conservancy district

(f)

Special districts.

VP vehicular parking district

PD planned development district

(g)

Ford districts.

F1 river residential district

F2 residential mixed low district

F3 residential mixed mid district

F4 residential mixed high district

F5 business mixed district

F6 gateway district

(h)

Overlay districts.

SF state fair parking and vending overlay districts

TP tree preservation overlay district

SD Shepard Davern commercial and residential redevelopment overlay districts

WB White Bear Avenue overlay district

HV Hillcrest Village overlay district

EG East Grand Avenue overlay district

SH Student housing neighborhood impact overlay district

(i)

River corridor overlay districts.

RC1 river corridor floodway overlay district

RC2 river corridor flood fringe overlay district

RC3 river corridor urban open overlay district

RC4 river corridor urban diversified overlay district

(j)

Floodplain management overlay districts.

FW floodway overlay district

FF flood fringe overlay district

(C.F. No. 05-443, § 1, 7-15-05; Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 1, 8-21-13; Ord 15-13, § 1, 4-22-15; Ord 15-32, § 1, 7-22-15; Ord 19-54, § 1, 9-11-19; Ord 20-28, § 1, 9-9-20; Ord 23-43, § 1, 10-18-23)

Primary zoning districts include the districts listed in section 60.301(a) through (f). All property in the city shall be located within a primary zoning district. Overlay districts include the districts listed in section 60.301(g) and (h)

The city is divided into various zoning districts shown on the maps accompanying this code, which maps are entitled "Zoning Map of Saint Paul." Such maps and any amendments, with all explanatory matter thereupon, are hereby made a part of this code and shall be as much a part of this code as if the matter and information set forth thereon were all fully described herein.

Where uncertainty exists with respect to the boundaries of any of the districts established in this code as shown on the zoning map, the following rules shall be applied:

(a)

Where district boundaries are indicated as approximately following the centerline of streets or highways, street lines, or highway right-of-way lines, such centerlines, street lines or right-of-way lines shall be construed to be said boundaries.

(b)

Where district boundaries are indicated as approximately following lot lines or section lines, such lot lines or section lines shall be construed to be said boundaries.

(c)

Where district boundaries are indicated as approximately parallel to the centerlines of streets or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the zoning map. If no such distance is given, such dimensions shall be determined by the use of the scale shown on said zoning map.

(d)

Where the boundary of a district follows a stream, river, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated.

(e)

Where the boundary of a district follows a subdivision boundary line, such boundary line shall be construed to be said district boundary line.

(f)

Where unzoned property may exist, or where public right-of-way may be realigned, or where there is any uncertainty, contradiction or conflict as to the intended location of district boundaries shown thereon, interpretation concerning the exact location of the district boundary lines shall be determined by resolution of the city council upon recommendation by the planning commission. The commission may hold a public hearing.

(C.F. No. 10-277, § 3, 4-14-10; Ord. No. 10-31, § 1, 10-27-10)

Whenever any street, alley or other public way within the city shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches.

A use may be developed on a zoning lot that has two (2) or more zoning district designations so long as the use is permitted in each of the zoning districts. The minimum zoning requirements of each district shall apply to that part of the zoning lot in each zoning district. Parking for the use may be allowed anywhere on the lot as otherwise regulated by the code for each zoning district.

(C.F. No. 10-349, § 1, 4-28-10)

When the code refers to more restrictive districts or less restrictive districts, the districts in order from more to less restrictive are: CV, CO, RL, H1, H2, RM1, RM2, RM3, T1, OS, B1, BC, T2, B2, T3, B3, T4, B4, B5, IT, I1, I2, I3. The VP district shall be as restrictive as the district for which the VP district provides accessory parking.

(Ord 11-27, § 1, 4-20-11; Ord 13-22, § 1, 8-21-13; Ord 25-34, § 2, 7-16-25)