The "SFP state fair parking overlay district," is established as shown on the official zoning map accompanying this code. Notwithstanding the provisions of section 63.312 to the contrary, state fair parking on residentially zoned property may be permitted in required side and front yards only during the period of the annual "Minnesota State Fair" conducted by the state agricultural society pursuant to Minn. Stat. § 37.15; provided, however, that state fair parking in required front yards will be permitted only with the written consent of the adjoining property owners on both sides of the subject front yard. Written consents must be obtained prior to each annual state fair.

(C.F. No. 05-443, § 3, 7-15-05)

(a)

Established. The SFV state fair vending overlay district is established as shown on the official zoning map accompanying this code.

(b)

Sales and displays of merchandise, goods and services temporarily permitted. Notwithstanding any provision of section 66.221 to the contrary, the front yard, as defined in section 60.226.Y, of a property with the SFV overlay overlay district as well as the side and rear yards of the properties located at the southeast corner of Snelling Avenue and Hoyt Avenue and the northeast corner of Snelling Avenue and Midway Parkway, may be used for the display, exhibition, or sale of certain merchandise, goods or services only during the period of the annual "Minnesota State Fair" conducted by the state agricultural society pursuant to Minn. Stat. § 37.15.

(c)

Permit and consent required. No property owner in the SFV district shall use or lease any portion of their yards for the purpose of selling or displaying merchandise, goods or services unless they have obtained a state fair vending permit from the department of safety and inspections no later than thirty (30) days prior to the start of each annual state fair. Written consent of adjoining residents on both sides of the subject yard shall accompany the permit request. The fee for the annual SFV permit shall be established by ordinance. Property owners without a required permit and consents shall immediately cease, tear down and remove the operation.

(d)

Sales and displays of certain merchandise, goods and service prohibited. The following shall not be sold, displayed for sale, or maintained in the SFV district: lottery tickets, pull tabs, or other forms of gambling or gambling devices; tobacco products; intoxicating or malt liquor; fireworks; firearms or any other weapons prohibited under the legislative code; obscene materials or performances; currency exchanges or the tendering of checks or other financial instruments for cash; adult uses, materials or performances; permanent tattooing; body piercing; pawn shops; live animals. Prohibited items for sale or display shall be removed immediately.

(e)

Encroachments or encumbrances upon public right-of-ways regulated.

(1)

Prohibited. The following restrictions intended to prevent encroachment or encumbrance upon any public rights-of-way within the SFV district shall apply: all merchandise, goods, and services for sale or display; all temporary structures, signs, fixtures, booths, displays, or equipment of any kind for the display or housing of merchandise, goods or services; and any other merchandise, good or service not so displayed or housed, shall be maintained at least thirty-six (36) inches from any public right-of-way. Any encroachment or encumbrance on the public right-of-way shall be immediately removed.

(2)

Exemptions; restricted to sales, authorized, permitted and regulated elsewhere under legislative code. Sales or displays may be permitted on SFV district public rights of way only when authorized, duly permitted and regulated pursuant to an application provision of the legislative code. All sales or displays within a public right of way without such authorization and permission shall be immediately removed from the public right-of-way.

(f)

Miscellaneous regulations.

(1)

Size of display. The area of any yard used for the sale, display or exhibition of merchandise, goods or services permitted in the SFV district shall be that area more than thirty-six (36) inches from the public right-of-way and more than thirty-six (36) inches from each side lot line. The side lot line setback may be waived for adjoining lots used by the same vendor, exhibitor or promoter or with the written permission of the affected adjoining resident. Waivers much be submitted with the permit request.

(2)

Number of vendors. No front yard in the SFV district shall be occupied by more than two vendors, exhibitors or promoters. On corner lots, a total of four vendors may be permitted, provided all setback requirements are met.

(3)

Hours of operation. Hours of operation will be limited to those hours the state fair operates.

(4)

Set up/tear down. Vendors, exhibitors, promoters, may set up their displays and stock the same with merchandise, goods or services forty-eight (48) hours immediately preceding the first day the state fair is open to the general public. All displays shall be torn down and all merchandise, goods and services removed no later than twenty-four (24) hours immediately following the last day the state fair is open to the general public.

(5)

Signs. Total sign area for each parcel is limited to a maximum of thirty-two (32) square feet. A dimensioned drawing is required for each vendor sign and must be submitted with a state fair vending permit application. No sign shall be located in the setback areas required in section 67.102(e)(1). In accordance with section 64.420(a), no advertising signs are permitted in the SFV district. Notwithstanding any other provision of the zoning code, temporary signs are not permitted on public rights-of-way in the SFV district.

(C.F. No. 05-443, § 3, 7-15-05; C.F. No. 07-149, § 39, 3-28-07)

The TP tree preservation overlay district is designed to preserve the essential character of those areas that are heavily wooded and in a more natural state by encouraging a resourceful and prudent approach to their development that includes minimal tree loss and mitigation of tree removal resulting from development. The TP district is further provided to reduce stormwater runoff and minimize flooding; to aid in the stabilization of soil by preventing erosion and sedimentation; to aid in the removal of carbon dioxide and the generation of oxygen in the atmosphere; and to maintain the visual screening, wind break, dust collection, heat and glare reduction, and noise barrier characteristics exhibited by trees.

In the TP tree preservation overlay district, permitted and conditional uses are those specified by the underlying district, to the extent that they are not prohibited by any other provision of the zoning code. They are subject to standards specified in the underlying district and to those specified below.

(a)

When preservation plan required generally. Any application for a building permit that requires the removal of one (1) or more trees of twelve (12) inches DBH or larger, grading permit, fill permit, lot split, plat approval or any development requiring site plan review shall include a tree preservation plan, drawn to scale, for that area within the limits of disturbance. The tree preservation plan shall be certified by a state-registered land surveyor, landscape architect or forester. The plan shall be submitted to the planning administrator for review and approval.

(b)

Subdivisions where applicant for plat approval is different from other permits. In the case of a subdivision approved after designation as a TP district, where the applicant for plat approval and the applicant for a building, grading or fill permit are different, tree preservation plans shall be submitted as follows:

(1)

The applicant for plat approval shall submit a tree preservation plan for any area to be disturbed in any way for the purposes of platting and/or site preparation. The tree preservation plan does not need to cover the buildable area of individual lots, unless the buildable area will be disturbed for site preparation.

(2)

The applicant for a building, grading or fill permit within a subdivision approved after designation as a TP district shall submit a tree preservation plan for the buildable area of the individual lot.

(c)

Required information. The tree preservation plan shall include the following:

(1)

The location, diameter at breast height (DBH) and species of all existing trees six (6) inches DBH or larger within the limits of disturbance. If the superintendent of parks determines that the size of the parcel and the number of affected trees renders the individual identification of all trees unreasonable, accepted methods of forest cruising may be substituted. Where forest cruising is used, all trees in excess of twelve (12) inches DBH shall be individually identified.

(2)

The location and dimension of all buildings (existing and proposed); the location of easements, adjacent roadways and vehicular access driveways; existing and proposed grading; site drainage facilities; parking areas; sidewalks and utilities.

(3)

The location of all trees that will be preserved and incorporated into the proposed site design. All tree drip lines shall be noted.

(4)

A description of how trees will be protected before and during construction.

(5)

The location of trees to be removed, replacement trees and areas proposed for additional landscaping, including, but not limited to, the tree name (botanical and common); the quantity of each species; tree caliper, measured six (6) inches aboveground; and a typical planting detail.

(d)

When plan not required. A tree preservation plan shall not be required in the following cases:

(1)

Where the applicant can demonstrate that there are no existing trees within the limits of disturbance.

(2)

For the regular maintenance of existing public utilities.

(e)

No site preparation until plan approved. No cutting, clearing, digging or grading for site preparation shall be undertaken until a tree preservation plan has been approved.

(f)

No removal or replacement until issuance of permit and approvals. No tree removal or replacement shall be undertaken until approval and issuance of the grading or fill permit, plat approval or site plan approval.

(g)

Filing plan with planning administrator. Where a tree preservation plan is approved with the final plat, a copy of the approved tree preservation plan shall be kept on file with the planning administrator for determination of compliance prior to issuance of a building permit(s) at the time of construction.

(a)

Those trees shall be preserved that:

(1)

Protect and enhance the integrity of the natural environment by maintaining the natural vegetation and topography;

(2)

Complement the project design, including the enhancement of building architecture and streetscape appearance;

(3)

Complement stormwater management techniques;

(4)

Augment or do not interfere with sedimentation and erosion control designs; or

(5)

Are recommended for preservation by the superintendent of parks.

(b)

The removal of trees of twelve (12) inches DBH or larger, when not related to a building permit, grading permit, fill permit, lot split, plat approval or any development requiring site plan review, shall be prohibited unless:

(1)

The tree(s) is (are) located on parcels occupied by a main building (or a group of main buildings) and accessory buildings and determined by the property owner to be a nuisance, hazardous, diseased, dying or dead;

(2)

The tree(s) is (are) being removed from commercial nurseries or horticultural properties such as tree farms, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to the imminent development of land; or

(3)

Tree removal is approved by the superintendent of parks, and the trees are replaced as required in section 67.208.

(a)

Trees or tree areas that are to be preserved shall be visibly marked prior to construction.

(b)

Protection devices shall be installed prior to construction and shall be shown on the approved landscape plan. Protection devices include, but are not limited to, snow fencing, board fencing, silt fencing or string and flagging. Construction personnel shall be notified of the purpose and presence of the protection devices.

(c)

The applicant shall arrange for an on-site inspection of all protection devices by the superintendent of parks prior to commencing grading or construction.

(a)

Protection from grading or filling. Grading or filling shall not occur inside the drip line of trees to be preserved, unless approved by the superintendent of parks. If grading or filling inside the drip line is approved, root aeration practices and/or tree wells or walls shall be used, subject to approval by the superintendent of parks.

(b)

Activities prohibited within drip lines. The following activities shall be prohibited within the drip line of the tree(s) to be retained:

(1)

Trenching;

(2)

Temporary storage of any construction materials or chemicals; and

(3)

The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers.

(c)

Sediment and erosion control. All sediment and erosion-control silt fencing or straw bales shall be placed at the limits of grading or where needed to minimize the deposition of sediment within the drip line of the protected tree(s).

(d)

Attaching protective devices, signs, etc., to trees prohibited. No protective devices, signs, utility poles or lines, or other objects shall be nailed or attached to any trees that are to be preserved.

(e)

Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the severing of roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be prohibited.

(f)

Other tree protection practices. Other tree protection practices may be required at the discretion of the planning administrator and/or superintendent of parks.

(g)

Amendment to plan prior to removal. An amendment to the tree preservation plan shall be required prior to the removal of trees that were slated for preservation on the original tree preservation plan.

(a)

Construction barriers shall be removed from protected tree areas.

(b)

The applicant shall arrange an on-site inspection by the superintendent of parks for approval of post-construction tree protection practices. Such approval shall be required prior to the release of any security as provided in section 67.209.

(a)

Generally. While development shall retain the maximum number of trees possible, it is recognized that a certain amount of tree removal is an inevitable consequence of urban development.

(b)

Replacement requirements. Trees removed for development or reasonably anticipated to be lost due to development shall be replaced according to the following requirements:

(1)

Individual trees of at least twelve (12) inches DBH but less than eighteen (18) inches DBH shall be replaced on the basis of one (1) replacement tree for every one (1) tree removed.

(2)

Individual trees of at least eighteen (18) inches DBH but less than twenty-four (24) inches DBH shall be replaced on the basis of two (2) replacement trees for every one (1) tree removed.

(3)

Individual trees of twenty-four (24) inches DBH or larger shall be replaced on the basis of three (3) replacement trees for every one (1) tree removed.

(c)

Transplanting permitted. Trees designated for removal within the limits of disturbance may be transplanted within the site and counted as replacement trees.

(d)

Deciduous replacement trees. Deciduous replacement trees of nursery stock shall be at least two and one-half (2 ½) caliper inches, of a species similar to the tree(s) lost or removed, and meet the standards in section 63.106, landscaping and plant materials. At the discretion of the superintendent of parks, coniferous trees may replace deciduous trees that are lost or removed.

(e)

Coniferous replacement trees. Coniferous replacement trees shall be at least six (6) feet in height, of species similar to the tree(s) lost or removed, and meet the standards in section 63.106, landscaping and plant materials.

(f)

Inspection. The applicant shall arrange for an on-site inspection of all replacement trees by the superintendent of parks prior to planting.

(g)

Time limit on planting replacement trees. Replacement trees shall be planted no more than twelve (12) months after the removal of original trees, unless an extension is granted by the superintendent of parks. The applicant shall inform the superintendent of parks that all replacement trees have been planted, at which time the superintendent of parks shall inspect the site.

(h)

Off-site planting of excess replacement trees. If the number of replacement trees to be planted exceeds the number of trees that can be accommodated practically on-site, as determined by the superintendent of parks, off-site planting may occur at locations to be determined by the applicant and the superintendent of parks, or a fee in lieu of off-site planting may be required as provided in paragraph (i) below. When determining off-site planting locations, priority shall be given to lots that are located within the TP tree preservation district and in close proximity to the lot(s) from which the trees were removed.

(i)

Fee in lieu replacement trees; expenditure of funds. Where tree replacement on-site is not practical and a suitable off-site location cannot be determined and agreed upon by the applicant and the superintendent of parks, a fee in lieu thereof may be assessed for the replacement required in section 67.208(b). The fee amount, which shall be equal to or greater than the value of each tree established in the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the International Society of Arboriculture, plus ten (10) percent, shall be provided by the applicant and approved by the planning administrator. All funds collected shall be expended exclusively for tree planting and maintenance as administered by the superintendent of parks.

(j)

Replacement of or fee for trees designated for preservation or outside limits of disturbance. Any trees designated for preservation on the tree preservation plan or that are outside the limits of disturbance, but that were subsequently removed or damaged, shall be replaced at the rate of one (1) new tree for every tree lost or according to the requirements stated in section 67.208(b), whichever is greater; or through payment of a fee in lieu thereof equal to or greater than the value of each tree lost as established in the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the International Society of Arboriculture.

(k)

Trees for which replacement is not applicable. The provisions of section 67.208 shall not apply to:

(1)

The removal of trees in areas to be occupied by buildings, private streets, driveways, areas required for accessory parking or within a distance of fifteen (15) feet of a building foundation;

(2)

The removal of trees determined by the superintendent of parks to be hazardous, diseased, dying or dead;

(3)

The removal of trees transplanted from one (1) part of a development site to another; or

(4)

The removal of trees from commercial nurseries or horticultural properties such as tree farms, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to the imminent development of land.

(a)

Before the tree preservation plan is approved, the applicant shall file a performance bond, letter of credit, cash or escrow deposit equal to one hundred twenty-five (125) percent of the value of each replacement tree shown on the tree preservation plan as established in the latest version of "A Guide to the Professional Evaluation of Landscape Tree, Specimen Shrubs and Evergreens," prepared by the International Society of Arboriculture. At the discretion of the zoning administrator, additional security may be required in accordance with section 67.208(i).

(b)

Release of the security shall be as provided in section 61.104.

(c)

In the case of a subdivision approved after the effective date of this section where the applicant for plat approval and the applicant for a building, grading or fill permit are different, two (2) separate securities shall be filed. The applicant for plat approval shall file one (1) at the time of platting; the applicant for a building, grading or fill permit to develop the individual lots shall file one (1) at the time of permit approval. The amount of the security in each case shall be as required in paragraph (a) above.

The removal of trees in violation of this subdivision shall be constitute a petty misdemeanor and subject to a fine as specified in section 1.05 of this Code. In determining the amount of the fine, the court is requested to take into consideration the value of the tree(s) removed as established in the latest version of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens," prepared by the International Society of Arboriculture, plus the cost to replace the tree(s). The unapproved removal of each tree shall constitute a separate violation.

(a)

Establishment of overlay district; intent. There is hereby established within the city a special zoning district which shall be known as the WB White Bear Avenue overlay district. This district is established to implement the White Bear Avenue small area plan, maintain a unique character, to promote mixed use development, and to protect public health, safety and welfare within the designated district.

(b)

Relationship to other applicable regulations. Property located within the overlay district shall be subject to the provisions of the primary zoning district and the new overlay district. Because overlay district regulations may be more or less restrictive than the primary zoning district, where provisions of the overlay district conflict with the primary zoning district, the provisions of the overlay district shall govern.

(c)

Established boundaries. Overlay district boundaries shall be as specified in the overlay district regulations. The overlay district designation shall be shown on the zoning map in addition to the underlying zoning district designation.

(a)

Purpose. The WB White Bear Avenue overlay district is designed to facilitate implementation of recommendations in the White Bear Avenue small area plan. Redevelopment in the district shall be designed to enhance the livability of the area, to reduce adverse traffic and parking conditions and to create building uses and space consistent and compatible with the architecture of the city.

(b)

Established boundaries. The boundaries of the WB White Bear Avenue overlay district shall be the area shown on the official zoning map.

(c)

Prohibited uses. The following uses shall be prohibited in the WB White Bear Avenue overlay district:

(1)

Currency exchange businesses.

(2)

Pawn shops.

(3)

Cellular telephone antennas not located on an existing structure.

(4)

Finishing shops.

(5)

Recycling collection centers.

(6)

Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats, except that car rental offices with six (6) or fewer passenger vehicles may be permitted, subject to a conditional use permit.

(d)

Building regulations. The following building regulations shall pertain to the WB White Bear Avenue overlay district.

(1)

Commercial buildings should be built as close to the sidewalk as possible.

(2)

Fencing on White Bear Avenue shall:

a.

Act as a unifying element on the street, with commercial and residential designs relating to each other.

b.

Be adaptable, e.g. fencing might top a wall or be freestanding;

c.

Be constructed of high quality and low maintenance materials, e.g. wood for residential uses and ornamental iron for institutional and business uses (not including chain link fencing);

d.

Relate to the street by limiting maximum heights along White Bear Avenue to three (3) feet.

(3)

Walls shall be:

a.

Constructed of high quality, low maintenance materials, including natural stone and precast concrete systems;

b.

Compatible with their surroundings;

c.

Capable of being integrated with fencing and landscape materials.

(e)

Accessory parking regulations. The following accessory parking regulations shall apply to the WB White Bear Avenue overlay district:

(1)

Location: All on site accessory parking areas and structures shall be located to the side or rear of the principal building or use served. Buildings on corner lots shall, to the extent possible, locate the principal building at the corner with accessory parking to the side and rear. Buildings on lots with frontage on three (3) or more sides shall develop a plan that best meets the goals and intent of the White Bear Avenue small area plan and this overly district.

(2)

Quantity: Parking shall be provided as the zoning requires for each use, except as follows:

a.

For retail, medical, service and office uses, if a transit shelter is provided on site then required parking spaces shall be reduced by five (5) percent but not to exceed five (5) spaces total;

b.

For retail, medical, service, and office uses, required parking may be reduced by the establishment of a parking district for the purposes of sharing parking within one (1) shopping area; parking areas must be clearly identified and provided with dedicated pedestrian links to the street; the establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the planning commission.

c.

The development of shared parking is allowed as regulated in sections 65.732 and 63.206(d).

(3)

Parking structures fronting along public streets shall comply with the following:

a.

Durable maintainable materials (stone, brick, architecturally finished precast concrete or similar materials equal or better in quality) shall be used for parking structure exteriors.

b.

A landscaped setback area of at least five (5) feet shall be provided between the parking structure and public sidewalk. Landscaped areas shall be irrigated by underground watering systems.

(f)

Landscaping regulations. Street trees and landscaping must be designed with the long term health of the plants in mind. Street trees should be planted along the entire length of White Bear Avenue, making sure that there is sufficient room for root growth and including an irrigation system when necessary. Generous planting beds are preferable to tree grates. Other landscaping should be hardy and primarily native.

(1)

At least fifty (50) percent of all landscaped areas should be planted with species native to the state.

(2)

Where nonnative species are planted, no exotic invasive species shall be used, for example, European buckthorn and Tartarian honeysuckle.

(3)

Wherever possible, connect new landscape areas to existing or neighboring planted areas for landscape connectivity.

(4)

In areas of screening, the landscaping shall favor planting beds of trees with shrubs in order to have upper and lower plant material.

(5)

The greatest extent possible, existing healthy native trees and vegetation shall be retained.

(C.F. No. 10-403, § 7, 6-16-10)

(a)

Establishment of overlay district; intent. There is hereby established within the city a special zoning district which shall be known as the HV Hillcrest Village overlay district. This district is established to implement the White Bear Avenue small area plan, to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing, and to protect public health, safety and welfare within the designated district.

(b)

Relationship to other applicable regulations. Property located within the overlay district shall be subject to the provisions of the primary zoning district and the new overlay district. Because overlay district regulations may be more or less restrictive than the primary zoning district, where provisions of the overlay district conflict with the primary zoning district, the provisions of the overlay district shall govern.

(c)

Established boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations. The overlay district designations shall be shown on the zoning map in addition to the underlying zoning district designation.

(a)

Purpose. The HV Hillcrest Village overlay district is designed to facilitate implementation of recommendations in the White Bear Avenue small area plan and to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing. Redevelopment in the district shall be designed to promote the redevelopment of the area into a mixed use urban district combining commercial uses and housing, to enhance the livability of the area, to reduce adverse traffic and parking conditions and to create building uses and space consistent and compatible with the architecture of the city.

(b)

Established boundaries. The boundaries of the HV Hillcrest Village overlay district shall be the area shown on the official zoning map.

(c)

Prohibited uses.

(1)

Uses prohibited in section 67.402(c).

(2)

Automotive related uses: automobile convenience markets, auto service stations, auto specialty stores, and auto repair facilities.

(d)

Building regulations as in section 67.402(d).

(e)

Accessory parking regulations as in section 67.402(e).

(f)

Landscaping regulations as in section 67.402(f).

The EG East Grand Avenue Overlay District is established as shown on the official zoning map accompanying this code to provide design standards for development in the east Grand Avenue area.

(C.F. No. 06-561, § 1, 7-12-06; Ord 24-15, § 1, 8-14-24)

(a)

Design standards. The T2 standards in sections 66.341(a) and 66.343 apply.

(b)

Building and frontage regulations.

(1)

Stepbacks. All portions of a building above a height of forty (40) feet must be stepped back from the minimum front, side street, or rear setback lines a distance equal to the additional height up to ten (10) feet.

(2)

Established building line. The maximum front and side street setbacks is ten (10) feet. If an interior lot is on or abutting BC or residential zoning, it may have setbacks up to twenty-five (25) feet to relate to the existing established building façade line. Up to forty (40) percent of the building façade on any lot may exceed this maximum setback to create outdoor seating or gathering areas.

(3)

Frontage elements. The base thirty (30) feet of building sides facing abutting public streets must include elements that relate to the human scale at grade. Elements include doors, windows, projections, awnings, canopies, porches, stoops, etc.

(C.F. No. 06-561, § 1, 7-12-06; Ord 24-15, § 1, 8-14-24)

The SH student housing neighborhood impact overlay district is established as shown on the official zoning map, generally the area bounded by Mississippi River Boulevard, Marshall Avenue, Cretin Avenue, and Interstate 94, Snelling Avenue, Summit Avenue, Fairview Avenue, and St. Clair Avenue, to ameliorate the impact of dedicated student housing within and preserve the character of predominantly one- and two-family dwelling neighborhoods.

(Ord 12-34, § 1, 6-27-2012)

Within the SH student housing neighborhood impact overlay district, a student dwelling is a one- or two-family dwelling requiring a fire certificate of occupancy in which at least one (1) unit is occupied by three (3) or more students. For the purposes of this article, a student is an individual who is enrolled in or has been accepted to an undergraduate degree program at a university, college, community college, technical college, trade school or similar and is enrolled during the upcoming or current session, or was enrolled in the previous term, or is on a scheduled term break or summer break from the institution.

(Ord 12-34, § 1, 6-27-2012; Ord 21-4, § 3, 3-10-21)

Within the SH student housing neighborhood impact overlay district, the following standards and conditions shall apply for student dwellings:

(1)

A student dwelling shall be located a minimum of one hundred fifty (150) feet from any other student dwelling located on a different lot, measured as the shortest distance between the two (2) lots on which the student dwellings are located.

(2)

Parking shall be provided in accordance with the requirements of article 63.200 for new structures.

(Ord 12-34, § 1, 6-27-2012)

The owner(s) of an existing building possessing either a valid fire certificate of occupancy or provisional fire certificate of occupancy and which, at any time within the eighteen-month period immediately preceding the effective date of this article, met the definition of a student dwelling under this article shall submit a written application to register the building within one hundred twenty (120) days of the effective date of this article to the Department of Safety and Inspections ("DSI"). Upon receipt of the written registration application DSI shall determine whether the building's fire certificate of occupancy or provisional fire certificate of occupancy is valid as of the date of the registration application. Upon such determination, DSI shall issue a written certification to the building's owner(s) of the building's status as an existing student dwelling. Certification shall not unreasonably be withheld. DSI shall establish written standards for verifying and documenting a building as an existing student dwelling prior to the certification of any building under this article and provide a copy to a building owner upon request.

(Ord 12-34, § 1, 6-27-2012)

All properties lacking either a fire certificate of occupancy or provisional fire certificate of occupancy or which exceed occupancy limits, as defined in Legislative Code § 60.207.F., at the time this article is adopted shall be ineligible for registration and establishment as an existing student dwelling during the registration and establishment period.

(Ord 12-34, § 1, 6-27-2012)

Establishing new student dwellings. After sixty (60) days following the conclusion of the registration and establishment period under this article, additional properties may be registered and established as new student dwellings, subject to the standards and conditions specified in Legislative Code § 67.703(a) and (b). A process for reviewing proposed new student dwellings shall be established by the Department of Safety and Inspections. The owner of a building deemed ineligible for establishment as a student dwelling may apply for a variance under Legislative Code § 61.601, as applied.

(Ord 12-34, § 1, 6-27-2012)

The department of safety and inspections shall maintain a current list of all registered and established student dwellings which shall be made available at the office of the department of safety and inspections upon request. All student dwellings shall have and maintain a fire certificate of occupancy that identifies the property as a student dwelling. All student dwellings shall be subject to all terms and conditions of Chapter 40 of this Code, and will be subject to renewal of status as student dwellings on a schedule to be determined by the Department of Safety and Inspections but no less frequently than specified in Legislative Code § 40.05. At the time of renewal, properties shall be subject to verification of status as a student dwelling, based on the written standards established by the department of safety and inspections.

(Ord 12-34, § 1, 6-27-2012)

The department of safety and inspections may remove properties from the list of registered and established student dwellings under the following circumstances:

(1)

Suspension or revocation of fire certificate of occupancy;

(2)

Residence by more than six (6) students in any unit;

(3)

Residence by less than three (3) students for more than twenty-four (24) of the preceding thirty-six (36) months.

A revocation of student dwelling status may be appealed to the board of zoning appeals pursuant to Legislative Code § 61.701(a)—(c).

(Ord 12-34, § 1, 6-27-12; Ord 22-1, § 4, 1-19-22)