Expansion or Relocation of a Nonconforming Use

General Information

An expansion or relocation of a nonconforming use is a use of property not currently permitted in the zoning district in which it is located; they require a permit per the zoning code. The Planning Commission has the authority to grant expansions or relocations of legally established nonconforming uses. The Planning Commission's Zoning Committee holds a public hearing for expansion or relocation of nonconforming use permits, and makes a recommendation to the Planning Commission for a final vote. Public hearing notices are mailed at least ten days prior to property owners within 350 feet of the property seeking an expansion or relocation of a nonconforming use permit. Notice is also sent to the area's District Council. In addition, notices about all expansion or relocation of nonconforming use cases are published in the Saint Paul Legal Ledger on Mondays, 10 days before the public hearing. Notices can be searched by property address and viewed by visiting Twin Cities MarketPlace - Legals.

The Zoning Committee holds public hearings every other Thursday. The hearings start at 3:30 pm in City Council Chambers on the third floor of the City Hall/ Courthouse. It is essential that the applicant or their representative attend the hearing. At the public hearing, the Zoning Committee hears a staff report and recommendation based on the review of the special conditions required by the zoning code, hears public testimony and makes a recommendation on the request. The Planning Commission receives the recommendation of their Zoning Committee at its next meeting, 8:30 am on the Friday of the following week, when they approve or deny the application. This is a public meeting, but no public testimony can be heard.

Code Requirements

Before the Planning Commission can grant a Nonconforming Use Permit, they must make the following findings:

• The expansion or relocation will not increase the number of dwelling units
• For expansions of a structure, the expansion will meet the yard, height, and percentage of lot coverage requirements of the districts
• The appearance of the expansion or relocation will be compatible with adjacent property and neighborhood
• Off-street parking is provided for the expansion or relocation that meets the requirements of Section 62.300
• Rezoning the property would result in "spot" zoning or a zoning inappropriate to the surrounding land uses
• After the expansion or relocation, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare
• The use is consistent with the comprehensive plan

The Planning Commission may impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent properties.

The Planning Commission may act as the Board of Zoning Appeals and grant Zoning Variances in accordance with the variance provisions in the zoning code for proposals that also require a Nonconforming Use Permit.

Application Requirements

You must submit an application that includes the following:

• A completed Nonconforming Use Permit Application Form, including evidence that all of the required conditions are met. This may include floor plans, site plans and other information to substantiate the case. If the application is for a permit to enlarge a nonconforming duplex or triplex, contact the Zoning Section for additional information needed with the application.
• The required Fee
• Additional information

Nonconforming Use Fees & Inspections

A zoning staff person will visit the site to take photographs which will be shown at the public hearing. If the Nonconforming Use Permit is granted, an inspection is made as part of the building permit or license for the project. If a use established by a Nonconforming Use Permit fails to comply with any conditions of the permit, the Planning Commission may, after a public hearing, revoke the permit and require that the use be discontinued. Call 651-266-9008 to reach a Zoning Inspector. All items to be placed on an agenda must be submitted at least three weeks prior to the hearing date, according to the Planning Commission Hearing Schedule. The process for obtaining a Nonconforming Use Permit takes a minimum of four to six weeks. 

Fees

Checks should be made payable to the City of Saint Paul. When a zoning application is submitted for a development that has been built or started without the required city permits, a late fee will be assessed. The late fee is double the filing fee. 

Please submit the above to:

Department of Planning and Economic Development 

Zoning Section 

1400 City Hall Annex 25 Fourth Street West 

Saint Paul, MN 55102 

Expiration/Renewal