West St Paul City Zoning Code

GENERAL PROVISIONS

§ 153.001 TITLE.

This chapter shall be known, cited and referred to as the “West St. Paul Zoning Ordinance,” except as referred to herein, where it shall be known as “this chapter.”

(Ord. passed 10-11-1963)

§ 153.002 INTENT AND PURPOSE.

This chapter is adopted for the purpose of:

(A) Protecting the public health, safety, comfort, convenience and general welfare;

(B) Promoting orderly development and regulating the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation and conservation of shorelands;

(C) Conserving the values of property throughout the city and to protect the character and stability of residential, commercial, and industrial areas, and to promote the orderly and beneficial development of such areas;

(D) Providing adequate light, air and convenience of access to property;

(E) Allowing access to direct sunlight for solar energy systems;

(F) Regulating the density and distribution of population;

(G) Preventing overcrowding of land and undue concentration of structures;

(H) Limiting congestion in the public right-of-way;

(I) Dividing the city into zones and districts, restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land;

(J) Maintaining the compatibility of different land uses and the most appropriate use of land throughout the city;

(K) Requiring that no structure be erected, converted, enlarged, reconstructed or altered and no structure or land be used for any purpose or in any manner which is not in conformity with the provisions of this chapter;

(L) Defining the powers and duties of the administrative officers and bodies, as provided hereinafter;

(M) Providing for the administration of this chapter and amendments thereto;

(N) Providing that where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations of which are more restrictive, or which impose higher standards or requirements shall prevail; and

(O) Prescribing penalties for the violation of the provisions of this chapter or any amendment thereto.

(Ord. passed 10-11-1963; Ord. 23-009, passed 6-26-2023)

§ 153.003 RULES OF CONSTRUCTION; LANGUAGE.

The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.

(A) Unless the context clearly requires otherwise, the use of either singular or plural shall include the other.

(B) Unless the context clearly requires otherwise, the use of past, present or future tense shall include the other tenses.

(D) Unless otherwise defined in this chapter, meanings of words and phrases shall be used in their plain, ordinary meaning.

(E) Unless otherwise clearly stated, where this chapter refers to a section number, it is deemed to be a section within this chapter.

(F) As they appear in this chapter, the words “shall” and “must” are mandatory and the word “may” is permissive.

(G) All measured distances expressed in feet shall be to the nearest tenth of a foot.

(Ord. passed 10-11-1963)

§ 153.004 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use subordinate to and serving the principal building, structure or use on the same lot and customarily incidental thereto.

ADULT. A person 18 years of age or older.

ADULT DAY CARE FACILITY. A program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services and nutritional services that are directed at maintaining or improving the participants’ capabilities for self-care.

AIRPORT. Any land or structure which is used or intended for use, for the landing or take-off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or right-of-way.

ALLEY. A public right-of-way which affords a secondary means of access to abutting property.

ALTERNATIVE FINANCIAL ESTABLISHMENT. A person, business or organization engaged in the service of check-cashing, money transmitting, making loans to be repaid in one lump sum or in installments over a set period of time, either collateralized or not, for which there is a fee or service charge, or interest received, including, but not limited to, loans, collateralized with the promise to relinquish possession of any personal property upon default. ALTERNATIVE FINANCIAL ESTABLISHMENT includes, but is not limited to consumer small loan lenders, currency exchanges, industrial loan and thrifts, money transmitting businesses or services, electronic fund transfer services and regulated loan companies, as defined by the State Department of Commerce.

ANIMALS, DOMESTIC PETS. Dogs, cats, birds and similar animals commonly kept in a residence.

ANTENNA. Any equipment or device used for the purpose of collection or transmitting electromagnetic waves which is external to or attached to the exterior of any structure, including, but not limited to, directional antennas such as panels, microwave dishes, satellite dish antennas, short wave radio antennas, television antennas and personal communication antennas. See §§ 153.395 through 153.397.

APARTMENT. A room or suite of rooms with cooking facilities designed to be occupied as a dwelling unit.

APARTMENT BUILDING. See DWELLING, MULTIPLE-FAMILY.

ARTERIAL STREET. See STREET, ARTERIAL.

ATTACHED DWELLING. See DWELLING, ATTACHED.

AUTO ACCESSORY STORE. A retail place of business engaged primarily in the sale of auto parts and accessories which does not include diagnostic, repair, replacement or other activities directly involved with motor vehicles.

AUTOMOTIVE DETAILING. The performance of thorough cleaning, restoration, and finishing of an automobile, both inside and out, to produce a show-quality level of detail. AUTO DETAILING does not include paintwork or body repair.

BANQUET HALL. A room for the purpose of hosting a party, banquet, wedding or other reception or other business/social event.

BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a BASEMENT unless the floor level qualifies as a first story as defined herein.

BED AND BREAKFAST RESIDENCE. A dwelling in which four or fewer guest rooms are rented within the principal structure on a nightly basis for less than one week and where at least one meal per day is provided in connection with the sleeping accommodations. The operator of the residence lives on the premises or in an adjacent premises.

BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of the city.

BODY ART or BODY ART PROCEDURES. Physical body adornment using, but not limited to, tattooing and body piercing. BODY ART does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional’s scope of practice.

BODY ART ESTABLISHMENT. Any structure or venue, whether permanent, temporary or mobile, where body art is performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location.

BODY PIERCING. The penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. BODY PIERCING also includes branding, scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. BODY PIERCING does not include the piercing of the outer perimeter or the lobe of the ear using a pre-sterilized single-use stud-and-clasp ear-piercing system.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING HEIGHT. The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between the highest roof ridge and its associated eaves for gable, hip and gambrel roofs, as measured from the finished grade level of the front evaluation of the structure.

BUILDING OFFICIAL. The officer or other authority designated by the City Manager and certified by the state, charged with the administration and enforcement of the Uniform Building Code and State Building Code.

BUILDING, PRINCIPAL. A non-accessory building in which the primary use of the lot on which it is located is conducted.

CANNABIS CULTIVATOR. A business with a cannabis cultivator license, medical cannabis cultivator license, or cultivation endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS DELIVERY BUSINESS. A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS EVENT ORGANIZER. A business or individual who is licensed by the State of Minnesota Office of Cannabis Management to organize a temporary cannabis event lasting no more than four days.

CANNABIS LOUNGE. A portion of the premises of a cannabis business or hemp business licensed or endorsed by the State of Minnesota Office of Cannabis Management for on-site consumption of edible cannabis products and lower-potency hemp edibles.

CANNABIS MEZZOBUSINESS. A business licensed and authorized to cultivate, manufacture, and sell cannabinoid products, cannabis products, and other products as authorized with a cannabis mezzobusiness license from the State of Minnesota Office of Cannabis Management pursuant to Minn. Stat. Chapter 342, as it may be amended from time to time.

CANNABIS MICROBUSINESS. A business licensed and authorized to cultivate, manufacture, and sell cannabinoid products, cannabis products, and other products as authorized with a cannabis microbusiness license from the State of Minnesota Office of Cannabis Management pursuant to Minn. Stat. Chapter 342, as it may be amended from time to time.

CANNABIS OR HEMP MANUFACTURER. A business with a cannabis manufacturer license, lower-potency hemp edible manufacturing license, or manufacturing endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS OR HEMP RETAILER. A business with a cannabis retailer license, medical cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS PROCESSING BUSINESS. A business with a cannabis processor license or processing endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS TESTING BUSINESS. A business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS TRANSPORTER. A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS WHOLESALER. A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management.

CARPORT. An open-sided roofed automobile shelter usually formed by extension of the roof from the side of a building.

CAR WASH. An establishment engaged primarily in the commercial washing of automobiles. It shall not include occasional private fund-raising car washes conducted by fraternal, charitable or non-profit organizations. See § 153.382(D).

CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Official or duly authorized representative permitting a building or structure to be used or occupied.

CHILD DAY CARE FACILITY. A location or facility licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for less than 24 hours per day.

CHURCH. A building, together with its accessory buildings and uses, in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

CITY. The City of West St. Paul, County of Dakota, State of Minnesota.

CITY COUNCIL. The governing body of the City of West St. Paul.

CLEAR-CUTTING. The removal of an entire stand of trees.

CLUB or LODGE. An association of persons who are members paying dues and whose use of the premises are restricted to such members and their guests.

COLLECTOR STREETS. See STREET, COLLECTOR.

COLUMBARIA. A place such as a vault for the respectful and usually public storage of cremated human remains within cinerary urns. COLUMBARIA are accessory to places of assembly for worship.

COMPREHENSIVE MUNICIPAL PLAN. The policies, statements and goals for private and public land and water use, transportation and city facilities, which is documented in texts, maps and this chapter. Together, these documents constitute the guides for the future development of the city. This shall include the West St. Paul Comprehensive Plan, as adopted by the city, and all subsequent amendments and additions.

CONDITIONAL USE. See USE, CONDITIONAL.

CONDOMINIUM. A form of individual ownership within a building which entails joint ownership and responsibility for maintenance and repairs of the land and other common property of the building.

COOPERATIVE. A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.

CORNER LOT. See LOT, CORNER.

CURRENCY EXCHANGE. Any person, except a bank, trust company, savings bank, savings association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers’ checks for a fee. CURRENCY EXCHANGE does not include a person who provides these services incidental to the person’s primary business if the charge of cashing a check or draft does not exceed $1 or 1% of the value of the check or draft, whichever is greater.

DETACHED DWELLING. See DWELLING, DETACHED.

DISCOUNT STORE. A retail store that offers all or nearly all of its merchandise at a discount from the manufacturer’s suggested retail price or at less than full-value retail price.

DOG TRAINING FACILITY. An indoor or outdoor facility utilized for the organized training of domestic dogs.

DRIVE-IN. A business offering food or drinks in containers to be served and/or consumed in automobiles for which parking facilities are furnished on the site. The term does not include establishments offering food or drinks to be taken out, but packaged in a container designed primarily to be consumed off the site.

DRIVE-THROUGH LANE. An area designed to provide ingress and egress for motor vehicles from the street via curb curt to an area wherein goods or services may be offered directly to customers in parked motor vehicles.

DUPLEX. See DWELLING, TWO-FAMILY.

DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, rooming houses, bed and breakfast residences, nor trailers, tents, cabins or trailer coaches.

DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

DWELLING. DETACHED. A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE FAMILY (APARTMENT BUILDING). A building of two or more stories containing three or more dwelling units, but not including a motel or hotel.

DWELLING, ONE FAMILY. A residential structure containing one dwelling unit only.

DWELLING, TWO-FAMILY (DUPLEX, TWIN HOME). A residential structure containing two dwelling units only.

DWELLING UNIT. A building or portion thereof which contains living facilities including provisions for sleeping, eating, cooking and sanitation for not more than one family.

EARLY CHILDHOOD LEARNING CENTER. A public facility sponsored by a school district in which educational programs are provided to parents and children from birth through elementary school.

EARTH SHELTERED CONSTRUCTION. A building constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth. Partially completed buildings shall not be considered EARTH SHELTERED.

EFFICIENCY UNIT. A dwelling unit with one primary room which serves as a living room, dining room and bedroom.

ELDERLY COMMUNITY EDUCATION CENTER. A facility operated by a non-profit organization or government agency primarily devoted to community educational, recreational and cultural facilities, displays, meeting rooms, social service facilities and public health facilities, or any combination thereof, for persons over the age of 55. The services shall be provided for less than 24 hours per day.

ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith, but not including buildings. See § 153.010. Telecommunications services, personal wireless services and small wireless facilities are not ESSENTIAL SERVICES as defined in this section.

FACILITY. All or any portion of a building, structure or area, including the site on which the building, structure or area is located, wherein specific services are provided or activities are performed.

FAMILY. See definition in § 150.036.

FARMERS MARKET. A physical retail market featuring foods sold directly by farmers to consumers. FARMERS MARKETS typically consist of outdoor booths, tables or stands, where farmers sell fruits, vegetables, meats, and sometimes prepared foods and beverages.

FENCE. Any structure located along the boundary or within the required lot area intended for protection, enclosure or privacy, which is constructed of wood, iron or other material and including backstops, but excluding parts of a building. See § 153.381.

FINAL PLAT. A drawing or map of an approved subdivision which meets all the requirements of the city, county and state.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings measured from the interior faces of exterior walls from the centerline of party walls separating two buildings. In particular, FLOOR AREA shall include:

(1) Basement space if at least one-half of the “basement story” is above the established curb level, or where the curb level has not been established, above the average of the finished grade;

(2) Elevator shafts and stairwells at each level;

(3) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment open or enclosed located on the roof, i.e., bulk needs, water tanks and cooling towers;

(4) Attic floor space where the structural headroom exceeds seven and one-half feet;

(5) Interior balconies and mezzanines; and

(6) Enclosed porches, but not terraces and breezeways.

FLOOR AREA RATIO (FAR). The numerical value obtained by dividing the gross floor area of a building by the net area of the lot or parcel of land on which such building is located.

FLOOR PLAN, GENERAL. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.

FRONT LOT LINE. See LOT LINE, FRONT.

FRONT YARD. See YARD, FRONT.

FUEL STATION. See MOTOR FUEL STATION.

GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles or trucks of a rated capacity not in excess of one and one-half tons.

GARAGE, PUBLIC. A building, or portion thereof, except defined as a private garage, used for the storage or repair of motor vehicles.

GAS STATION. See MOTOR FUEL STATION.

GROUP FAMILY DAY CARE. A day care for no more than 14 children at one time. The total number of children includes all children of any care giver when the children are present in the residence.

HEALTH-RELATED SERVICES. Aid that provides the arrangement of assistance with walking, grooming, dressing, eating, bathing, toileting, storing medications, providing reminders to take medications, administering medications and similar services.

HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant of a dwelling. See § 153.052(C).

HOSPITAL. Any institution, place, building or agency, in which any accommodation is maintained, furnished or offered for five or more persons for: the hospitalization of the sick or injured; the provision of care in a swing bed authorized under Minn. Stat. § 144.562, as it may be amended from time to time: elective outpatient surgery for pre-examined, pre-diagnosed low risk patients; emergency medical services offered 24 hours per day, seven days a week, in an ambulatory or outpatient setting in a facility not a part of a licensed hospital; or the institutional care of human beings.

HOTEL. A building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

INCOMPATIBLE USE. See USE, INCOMPATIBLE.

INDUSTRY. An enterprise which involves the production, processing or storage of materials, goods or products.

INTERIOR LOT. See LOT, INTERIOR.

JUNK YARD. An area where used, discarded, salvaged materials or waste are bought, sold, exchanged, stored, baled, clean, packed, disassembled or handled, including, but not limited to, scrap iron, and other metals, paper rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

LABORATORY, MEDICAL OR DENTAL. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of a physician or engaged in the collection or storage of donated tissue, organs, blood, plasma or other human biological material; or an establishment primarily engaged in making dentures, artificial teeth and orthodontic appliances to order for the dental profession.

LOCAL STREET. See STREET, LOCAL LODGE. See CLUB OR LODGE.

LEARNING CENTER. A nontraditional public or private training, educational or tutoring facility.

LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this chapter, abutting on a public street, and of sufficient size to provide yards required by this chapter.

LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

LOT, CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and any accessory buildings.

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of the public right-of-way shall be the LOT LINE for applying this chapter.

LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner and filed in the office of the Building Official.

LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD. Part of a subdivision, the final plat of which has been recorded in the office of the Register of Deeds; or a parcel of land, the deed to which was recorded in the office of the Register of Deeds prior to the effective date of this chapter.

LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be front lot lines for applying this chapter.

LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and the required building setback line.

MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established by Minnesota Building Code Chapter 1350 and Minn. Stat. §§ 327.31 through 327.35, as they may be amended from time to time.

MASSAGE THERAPY SERVICES. A course of treatment in which the practitioner applies massage techniques, with the intention of positively affecting the health and well-being on the client.

MOBILE HOME. See MANUFACTURED HOME.

MASSAGE SERVICES. The practice of applying structured or unstructured pressure, tension, motion or vibration, manually or with mechanical aids, to the soft tissues of the body, including muscles, connective tissue, tendons, ligaments, joints and lymphatic vessels, to achieve a beneficial response. Massage therapy must be performed by a licensed massage therapist or by other healthcare practitioners such as a chiropractor, osteopath or physical therapist.

MONEY TRANSMITTING BUSINESS. A person, business or organization other than the United States Postal Service that provides money transmitting or remittance services or issues or redeems money orders, travelers’ checks and other similar instruments or any other person, business or organization who engages in the transmission of funds, including any person, business or organization who engages in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system and is not a depository institution.

MONEY TRANSMITTING SERVICE. A service that includes accepting currency or funds denominated in the currency of any country and transmitting the currency or funds, or the value of the currency or funds, by any means through a financial agency or institution, a federal reserve bank or other facility of the Board of Governors of the Federal Reserve System, or an electronic funds transfer network.

MOTEL, MOTOR COURT or MOTOR HOTEL. A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.

MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is transferred and/or stored for movement in intra-state or inter-state shipment by motor truck.

MOTOR FUEL STATION.

(1) A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles.

(2) It may include the sale of petroleum products and the sale and servicing of tires, batteries, automotive accessories, replacement items, lubrication services and the performance of minor automotive maintenance and repair. See § 153.382.

(3) The following uses may accompany a MOTOR FUEL STATION:

(a) Motor fuel station convenience stores which are operated in conjunction with a motor fuel station for the purpose of offering for sale goods not essential for the operation of motor vehicles;

(b) Car washes, as an accessory use; and

MOTOR HOTEL. See MOTEL.

MOTOR VEHICLE-RELATED USES. Uses that involve any motor vehicles. MOTOR VEHICLE-RELATED USES include, but are not limited to, motor fuel stations, car washes, vehicle repair facilities, maintenance garages, bus, truck or freight terminals, body shops, auto parts stores, auto accessory stores, retail tire stores, oil change facilities, muffler and brake shops, auto glass repair and replacement facilities, vehicle rental, vehicle sales and any other motor vehicle-related uses. MOTOR VEHICLE-RELATED USES do not include an auto-related use that is entirely an office use and does not involve the storage or care of any motor vehicles.

NONCONFORMING USE. See USE, NONCONFORMING.

NONRESIDENTIAL PROGRAM. A program that provides care, supervision, rehabilitation, training or habilitation of a person provided outside of the person’s own home and provided for less than 24 hours per day.

NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. See § 153.327.

NURSING HOME. A facility or part of a facility which provides nursing care to five or more persons and is licensed under Minn. Stat. Ch. 144A, as it may be amended from time to time, as a NURSING HOME. NURSING HOME does not include a facility or that part of a facility that is a hospital, doctor’s office, diagnostic or treatment center, or a residential program licensed pursuant to Minn. Stat. §§ 245A.01 to 245A.16 or Minn. Stat. § 252.28, as they may be amended from time to time.

OFFICE OR CLINIC, MEDICAL. An establishment principally engaged in providing therapeutic, preventative, corrective, healing and health-building treatment services on an outpatient basis by physicians and other similarly licensed practitioners. Typical uses include medical and chiropractic offices or clinics.

OFFICE, DENTAL. An establishment principally engaged in providing preventative, corrective and treatment services on an outpatient basis by dentists and other similarly licensed practitioners.

OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease or trade where the goods are not enclosed within a building.

ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

PARTICULATE MATTER. Dust, smoke or any other form of air-borne pollution in the form of minute separate particles. See § 153.326.

PAWNBROKER. A person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling that same back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a PAWNBROKER business includes buying personal property previously used, rented or leased, all provisions in the city code and this chapter regarding pawnshops shall be applicable. Any bank, savings and loan association or credit union shall not be deemed a PAWNBROKER.

PAWNSHOP. The location at which or premises in which a pawnbroker regularly conducts business.

PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. See § 153.325 through 153.332.

PERMITTED USE. See USE, PERMITTED.

PERSONAL COMMUNICATIONS SERVICES. Personal wireless services including cellular, commercial wireless services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public. See § 153.397.

PET CARE FACILITY. Any premises where four or more domestic animals over four months of age are owned, boarded, bred or offered for sale.

PRINCIPAL BUILDING. See BUILDING, PRINCIPAL.

PRINCIPAL USE. See USE, PRINCIPAL.

PROPERTY LINE GRADE. The elevation of the property line in front of a building measured at the center of the building. Where no PROPERTY LINE GRADE has been established, the mean elevation of the finished lot grade at the property line shall be considered the “existing” PROPERTY LINE GRADE.

PUBLIC WATERS. Any waters of the state as defined in Minn. Stat. § 103G.005(15), as it may be amended from time to time.

PUMP SETBACK. The distance from the street right-of-way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right-of-way.

REAR LOT LINE. See LOT LINE, REAR.

REAR YARD. See YARD, REAR.

PYROTECHNIC SPECIAL EFFECTS MATERIAL. A chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. The chemical mixture consists predominantly of solids capable of producing a controlled, self-contained exothermic chemical reaction that results in heat, gas, sound, light or a combination of these effects. The chemical reaction functions without external oxygen.

REFLEXOLOGY SERVICES. The act of applying pressure with the thumb, finger and hand to specific areas of the feet, hands and outer ears, without the use of oils, lotions, creams or tools.

RESIDENTIAL CARE FACILITY, STATE LICENSED. A living unit providing 24-hour care established primarily for the accommodation and treatment of persons who are diagnosed with mental illness, a developmental disability, a physical disability or chemical dependency.

RESIDENTIAL HOSPICE FACILITY. A facility that resembles a single-family residence located in an R District that directly provides residential and support services 24 hours per day in a home-like setting for hospice patients as an integral part of the continuum of home care provided by a hospice and that houses: no more than eight hospice patients; or at least nine and no more than 12 hospice patients with the approval of the city, notwithstanding Minn. Stat. § 462.357(8), as it may be amended from time to time.

RESIDENTIAL PROGRAM. A program that provides care, supervision, food, lodging, rehabilitation, training, education, habilitation or treatment outside of the person’s own home on a 24 hours per day basis.

SATELLITE DISH ANTENNA. An antenna, usually parabolic or spherical in shape, capable of receiving television or radio signals from orbiting satellites. See § 153.396.

SECONDHAND GOODS DEALER. A person other than a pawnbroker, engaged in whole or in part in the business of purchasing or selling used personal property or items.

SETBACK. The minimum horizontal distance between a structure and the street or lot line (unless specifically related to the street centerline), disregarding steps and overhangs.

SHELTER FOR BATTERED PERSONS. A facility that occupies one main building, or portion thereof, where adults and children who have suffered assault live on a 24 hours per day basis for a period of time.

SHORELAND. Land located within the following distances from the ordinary high water mark of public waters: 1,000 feet from the ordinary high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward side of a floodplain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city. See §§ 153.410 through 153.416.

SIDE YARD. See YARD, SIDE.

SIGN. Any writing, pictorial presentation, number, illustration or decoration, or other device that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. A SIGN shall not be deemed to include any transparent window cling(s); architectural embellishment(s) of a building not intended to communicate information; murals; any sign, structure or device that is not visible from an adjacent street, property line or building on an adjacent property.

SOLAR ENERGY SYSTEM. Any device or structural design feature of which the primary purpose is to provide for the collection, storage and/or distribution of energy for space heating or cooling, electricity (generation), or water heating.

SPA. A business establishment that provides consumers with access to one of the following beauty-related personal services, including, but not limited to, manicures, pedicures, waxing, chemical peels, cosmetic tattooing as defined in § 111.06 or similar services. Massage services may be offered incidental and secondary to the personal services identified herein, as long as it is performed by a licensed massage therapist.

STORAGE FACILITY. A building or buildings that contain individual storage units for lease or sale to be used to store personal property. The STORAGE FACILITY can include the following, but not limited to, controlled access, secured areas and compartments of varying sizes.

STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above. The top STORY in a building shall be the portion of a building included between the upper surface of that floor and the ceiling or roof above. Usable or unused under-floor space shall be considered a STORY if there is a finished floor level directly above it which is: more than six feet above grade as defined herein for more than 50% of the total perimeter; or is more than 12 feet above grade as defined herein at any point.

STREET. A public right-of-way which affords a primary means of access to abutting property.

STREET, ARTERIAL. A street which provides for traffic movement to and from municipalities and the surrounding areas, to and from freeways/expressways and collector streets, and between major parts of an urban area. Intersections are at grade and direct access to abutting property should be avoided.

STREET, COLLECTOR. A street which collects and distributes the internal traffic within an area of a community such as a residential neighborhood or industrial district, and between arterial and local streets. It provides some access to abutting property.

STREET, LOCAL. A street of little or no continuity, designed to provide access to abutting property and ideally leading into collector streets.

STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURE, NONCONFORMING. That which was built or constructed prior to the effective date of this chapter, which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the structure is located. See § 153.006.

SUPPORTIVE SERVICES. Providing supervision and minimal assistance with independent living skills. SUPPORTIVE SERVICES include assistance with transportation, arranging for meetings and appointments, arranging for medical and social services, help with laundry, handling personal funds of residents and personal shopping assistance.

TATTOOING. Any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. TATTOOING also includes micro-pigmentation and cosmetic tattooing.

TEMPORARY RESIDENTIAL HOUSING FOR THE HOMELESS. Temporary residential housing for groups of people who are part of a temporary residential housing for the homeless program located within an existing structure of the principal use, intended for a limited period of time.

TOWER. Any ground or roof mounted pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

TOWNHOUSE. A dwelling unit attached to other dwelling units by common walls. The dwelling units are side by side with common walls extending from the foundation to the roof without any portion of one dwelling unit located over any portion of another. Each dwelling unit has a separate entrance from outside the building.

TWIN HOME. See DWELLING, TWO-FAMILY.

USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of the activity with respect to the performance standards of this chapter.

USE, CONDITIONAL. A land use that is generally compatible with all other uses in the district within which it is located but should not be permitted as a matter of right in every area within the district because of special circumstances that the use or location may present. Those uses shall be judged on the basis of standards and criteria specified in this chapter. The city may impose appropriate conditions and restrictions to a conditional use permit. See § 153.028.

USE, INCOMPATIBLE. A use which is incapable of direct association with certain other uses because it is contradictory, incongruent or discordant.

USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

USE, NONCONFORMING. A use of land, building or structures existing prior to the effective date of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located. See § 153.006.

USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of the district.

USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

USED MERCHANDISE STORE. A store primarily engaged in the retail sale of used merchandise and secondhand goods such as clothing and shoes; furniture; household decor; musical instruments; office furniture; electronics; sports equipment and paraphernalia; and store fixtures and equipment.

VARIANCE. A legally permitted deviation from the literal requirements of this chapter. See § 153.027.

VEHICLE REPAIR, MAJOR. An establishment engaged in performing major repairs and service to passenger automobiles, trucks, vans and motorcycles. MAJOR REPAIR may include all activities of repair or servicing allowed in a minor automobile repair establishment as well as major engine and transmission repair and replacement. The rebuilding or reconditioning of passenger automobiles, body, frame or fender straightening, painting, rust-proofing, engines, upholstery or other similar activities.

VEHICLE REPAIR, MINOR. An establishment engaged in performing minor repairs and service to passenger automobiles, trucks, vans and motorcycles. MINOR REPAIR may include muffler replacement, oil and fluid changing and lubrication, tire repair and replacement, wheel alignment, brake repair, suspension repair, minor engine and transmission repair, flushing of radiators, servicing of air conditioners, auto glass repair or replacement, and similar minor repairs and service.

VETERINARY ESTABLISHMENT. A building or structure which provides facilities for the diagnoses, treatment and medical care of animals, including animal or veterinary hospitals.

WIND TURBINE. A machine that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A YARD shall extend along a lot line and at angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located. See § 153.008.

YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which the lot is located.

YARD, REAR. A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which the lot is located.

YARD, SIDE. A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located.

ZONING ADMINISTRATOR. The officer designated by the City Manager charged with the administration and enforcement of this chapter. See § 153.025(A).

ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use, lot size and bulk of buildings and premises are uniform.

ZONING MAP. The map setting forth the boundaries of the zoning districts of the city, which is a part of this chapter. See § 153.011(B).

(Ord. passed 10-11-1963; Ord. 98-09, passed - -; Ord. 98-19, passed - -; Ord. 00-20, passed - -; Ord. 02-11, passed - -; Ord. 02-21, passed - -; Ord. 03-02, passed - -; Ord. 03-04, passed - -; Ord. 04-15, passed - -; Ord. 05-01, passed - -; Ord. 07-08, passed - -; Ord. 07-09, passed - -; Ord. 08-17, passed - -; Ord. 08-18, passed - -; Ord. 09-15, passed - -; Ord. 11-08, passed - -; Ord. 12-27, passed - -; Ord. 14-04, passed 8-11-2014; Ord. 14-05, passed 9-8-2014; Ord. 15-01, passed 4-27-2015; Ord. 16-02, passed 2-22-2016; Ord. 16-12, passed 11-14-2016; Ord. 17-07, passed 6-26-2017; Ord. 17-09, passed 7-10-2017; Ord. 17-14, passed 11-27-2017; Ord. 18-16, passed 10-8-2018; Ord. 19-16, passed 10-14-2019; Ord. 21-002, passed 1-25-2021; Ord. 21-006, passed 4-26-2021; Ord. 22-001, passed 2-14-2022; Ord. 22-003, passed 2-28-2022; Ord. 23-009, passed 6-26-2023; Ord. 23-011, passed 8-14-2023; Ord. 24-007, passed 11-12- 2024; Ord. 24-012, passed 11-25-2024)

§ 153.005 SEPARABILITY.

It is hereby declared to be the intention of the Mayor and City Council that the several provisions of the chapter are separable in accordance with the following.

(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provision of this chapter not specifically included in the judgment.

(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property building, or other structure, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in that judgment.

(Ord. passed 10-11-1963)

§ 153.006 NONCONFORMING USES AND STRUCTURES.

(A) Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified.

(B) When a structure is declared unsafe by the Building Official, this chapter shall not prohibit the building from being made safe.

(C) When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(D) Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within twelve months after the calamity, unless the damage to the building or structure is 50% or more of its fair market value. If the damage is 50% or more of its fair market value, the reconstruction shall be for a use in accordance with the provisions of this chapter, unless within six months, the owner applies for a conditional use permit for approval to reconstruct a nonconforming structure for its use prior to the damage. The Council may grant the permit, providing the structure complies with other ordinance requirements.

(E) Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year, any future use of the structure or land shall be in conformity with the provisions of this chapter.

(F) Any lawful nonconforming use of land not involving a structure, and any lawful nonconforming use involving a structure with an assessor’s full and true valuation upon the effective date of this chapter of $1,000 or less may be continued for a period of 36 months.

(G) Any lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use; however, once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.

(H) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is required, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(I) Alterations may be made to a building containing lawful nonconforming residential units when they will improve the liability thereof, provided they will not increase the number of dwelling units or bulk of the building.

(Ord. passed 10-11-1963; Ord. 01-14, passed - -)

§ 153.007 LOT PROVISIONS.

(A) A lot of record existing upon the effective date of this chapter in an R Residence District, which does not meet the requirements of this chapter as to area or width may be utilized for single-family dwelling purposes in R-1 zones and two-family dwelling purposes in R-2 zones; provided the measurements of the area and width are within 70% of the requirements of this chapter, but the lot of record shall not be more intensively developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this chapter.

(B) Except in the case of planned developments and multi-family residential as provided for hereinafter, no more than one principal building shall be located on a zoning lot.

(Ord. passed 10-11-1963)

§ 153.008 REQUIRED YARDS AND OPEN SPACE.

(A) No yard or other open space shall be reduced in area or dimension so as to make the yard or other open space less than the minimum required by this chapter, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced.

(B) No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other building.

(1) Chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves and gutters, provided they do not extend more than two feet from the dwelling;

(2) Yard lights and name plate signs for one- and two-family dwellings in the R-1 and R-2 Districts, lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property, and may be located to within five feet of the front lot line;

(3) Terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building or extend more than two feet from any lot line, or extend more than six feet from the principal structure;

(4) Bay windows not to exceed a depth of two feet nor to contain an area of more than 20 square feet, nor more than two feet from any lot line;

(5) Rear yard only: balconies, breezeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter;

(6) Egress window wells that are not more than two feet from any lot line; and

(7) Traffic directional signs, street name signs or other signs which have been authorized and erected by a government body.

(D) Through lots in any district shall have a required front yard on each street.

(E) In any R District, if a lot in question is adjacent to and within the same blockfront as two lots with an average front yard setback that is either greater than or less than the minimum front yard setback requirements for the district, then the required front yard setback for the lot in question shall not be less than the average front yard setback of the two existing front yards. The depth of a front yard setback shall not be less than ten feet.

(F) Within the B-2 District, side yard setbacks may be modified to permit party walls. Party walls, where constructed as a part of a joint simultaneous development involving two or more buildings, may be built with no side yard requirement, subject to the granting of a conditional use permit by the City Council.

(G) Attached decks shall be considered part of the principal structure and shall conform to applicable setbacks.

(Ord. passed 10-11-1963)

§ 153.009 HEIGHT LIMITATIONS.

(A) Height limitations set forth elsewhere in this chapter shall be increased 50% when applied to the following structures:

(1) Belfries;

(2) Chimneys and smokestacks;

(3) Church spires;

(4) Cooling towers;

(5) Cupolas and domes which do not contain useable space;

(6) Parapet walls extending not more than three feet above the limiting height of the building; and

(7) Radio and television antennas, but in no case shall the height limit exceed 65 feet. Radio and television antennas are subject to the provisions in § 153.395.

(B) Height limitations set forth in this chapter may be increased 100% when applied to flag poles.

(C) In the R-3 and R-4 Districts, the maximum height applied to flag poles and radio and television antennas, shall be 50 feet or twice the height of the principal building, whichever is greater, but in no case shall the height limit exceed 65 feet.

(D) On any lot sloping down-hill from the street, if that portion of the lot to be occupied by the main building has an average ground slope of 25% or more (measured in the general direction of the side lot lines), then an additional 12 feet of height may be permitted in the main building as long as the lowest floor is not less than ten feet below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor.

(E) Municipal and school structures shall be exempted from the height limitations set forth in this chapter.

(F) Antenna towers for telecommunications and personal wireless services shall not exceed 170 feet in height, including antenna attachments, as provided in § 153.397.

(Ord. passed 10-11-1963)

§ 153.010 ESSENTIAL SERVICES.

Essential services shall be permitted as authorized and regulated by state law and ordinances of the city, it being the intention that such are exempt from the application of this chapter.

(Ord. passed 10-11-1963)

§ 153.011 ZONING DISTRICTS AND MAP.

(A) Zoning districts. For the purposes of this chapter, the city is hereby divided into the following use districts and groups of use districts:

(1) “R” Residence Districts:

(a) “R-1A” One-Family Residential District;

(b) “R-1B” One-Family Residential District;

(d) “R-2” Two-Family Residential District;

(e) “R-3” Townhouse 3-8 Unit Residential District; and

(f) “R-4” Multiple-Family 3-16 Unit Residential District.

(2) “B” Business Districts:

(a) “B-1” Limited Business District;

(b) “B-2” Neighborhood Business District;

(d) “B-4” Shopping Center District;

(e) “B-5” Gateway North Mixed Use District; and

(f) “B-6” Town Center Mixed Use District.

(3) “I” Industrial Districts:

(a) I-1 Light Industrial; and

(b) I-2 General Industrial.

(4) “C” Conservancy District; and

(5) “PD” Planned Development District:

(a) “PRD” Planned Residential Development District; and

(b) “PMD” Planned Multi-Use Development District.

(B) Map. The boundaries of the above districts are established as shown on the map entitled “Zoning Map, City of West St. Paul,” which is properly approved and filed in the Office of the City Clerk, hereinafter referred to as the “zoning map.” The map and all of the notations, references and other information shown thereon shall have the same force and effect as if stated in this chapter and are hereby incorporated by reference.

(1) District boundary lines as indicated on the zoning map conform to the following:

(a) Lot lines;

(b) Centerline of streets or alleys;

(d) Corporate limit lines, all as they exist upon the effective date of this chapter. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map.

(2) Appeals from the Zoning Administrator’s determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the Committee of Adjustments.

(3) Whenever any street, alley or other public way is vacated by official action of the city, the zoning district abutting the centerline of the alley or public way shall not be affected by the proceeding.

(Ord. 07-08, passed - -; Ord. 12-04, passed - -; Ord. passed 10-11-1963; Ord. 13-05, passed 10-14-2013; Ord. 18-12, passed 8-13-2018; Ord. 21-013, passed 10-11-2021)