West St Paul City Zoning Code

SPECIAL PROVISIONS

§ 153.380 ACCESSORY BUILDINGS OR STRUCTURES.

(A) Time of establishment. No accessory buildings or structures shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(B) Height. No accessory buildings or structures shall exceed the height of the principal building, and in no case, shall the accessory buildings exceed 15 feet in height in the R Districts.

(C) Location. No accessory buildings or structures for uses such as plant growing, storage or play, other than a detached garage, shall be located within any yard other than the rear yard. No detached garage shall be located nearer the front lot line than the principal building on the lot. Gazebos may be located in a side yard provided setbacks and other zoning requirements are met.

(D) Setback standards. Accessory buildings or structures shall be set back from the applicable side and rear property lines as follows:

Zoning District	Minimum Setback
R-1A	5 feet
R-1B	5 feet
R-1C	10 feet
R-2	5 feet
R-3	10 feet
R-4	10 feet
B-5	5 feet

(E) Construction and design requirements.

(1) Exterior materials and finish of accessory buildings must match or complement the exterior finish of the principal structure in material, color and texture. Exterior walls of accessory structures must be covered only with siding (e.g., wood, vinyl, aluminum or metal horizontal lap), stucco, brick, glass or other comparable material as approved by the Zoning Administrator. Prohibited materials include, but are not limited to, cloth, fabric, canvas, plastic sheets, tarps, tarpaper and insulation. The placement or use of framing for hoop houses or other hoop designed apparatus, tent garages and other similar apparatus are also prohibited.

(2) Exceptions. The following are excluded from the requirements of division (E)(1) above:

(a) Accessory structures less than 120 square feet made of sheet metal, corrugated metal or shaped metal;

(b) Commercial greenhouses;

(d) Playgrounds.

(F) All accessory buildings or structures in R-1 and R-2 and B-5 Districts shall additionally conform to the following requirements.

(1) There shall be no more than one detached garage on a lot.

(2) In addition to one detached garage, there shall be no more than one accessory building or structure on a lot.

(a) For purposes of this section, an accessory building or structure shall not include fences, hot tubs or swimming pools, flag poles, or recreational equipment such as swing sets, slides, and/or jungle gyms.

(3) No detached garage may exceed 624 square feet in area, except on lots of 75 feet width or greater, in which case the maximum size of a detached garage may not exceed 800 square feet in area. Free standing solar energy systems shall not exceed 200 square feet in area, measured by the length and width of the panels. Other accessory buildings may not exceed 200 square feet in area, except as follows;

(a) The maximum size of one accessory building or structure may be increased by ten square feet of building area for every 2,000 square feet of lot area in excess of the required minimum lot area; provided, however, that no detached garage shall exceed 1,000 square feet in area and no accessory building shall exceed 250 square feet in area. For each 20 square feet increase in the allowable building size, the required side and rear yard setbacks shall be increased one foot.

(b) For properties in R Districts that exceed four acres in size, the maximum size of one accessory structure may exceed the maximum size requirement as listed above through a conditional use permit. Said structure must be an open air structure (cannot be enclosed), may not exceed 2,500 square feet in size, and must be setback a minimum of 50 feet from the nearest residential property line.

(4) All accessory buildings or structures shall be securely affixed to the ground in a manner that will resist movement from storms or vandalism.

(Ord. 09-02, passed - -; Ord. 09-04, passed - -; Ord. 09-19, passed - -; Ord. passed 10-11-1963; Ord. 14-04, passed 8-11-2014; Ord. 17-11, passed 12-11-2017; Ord. 18-05, passed 2-26-2018; Ord. 22-001, passed 2-14-2022; Ord. 23-012, passed 9-11-2023)

§ 153.381 FENCES.

(A) Building permit requirements. No person, firm or corporation shall construct or erect a fence without first obtaining a building permit pursuant to § 32.16(A).

(B) Construction and maintenance. Fence construction shall be of good workmanship, with material reasonably suited for its intended purpose. Fences shall be maintained on both sides in a condition of good repair, and shall not be in or remain in the condition of disrepair, including, but not limited to, leaning or sagging. A fence that is in disrepair is a public nuisance and abatement of that nuisance shall be undertaken by the Zoning Administrator. Barbed wire, sharp-pointed wire, sheet metal or electrical fences are not allowed. A tight fence which blocks or obstructs more than 75% of light or ventilation in front of the front building line is not allowed. In addition, on a corner lot, if the primary door of the residence is located in the side yard abutting the street, a tight fence which blocks or obstructs more than 75% of light or ventilation in the side yard abutting the street is not allowed.

(1) The following materials are approved for fence construction:

(a) Wrought iron;

(b) Aluminum (wrought iron design);

(d) Vinyl/PVC, and composite fencing (i.e., Trex); and

(e) Chain-link with approved posts and cap, provided they are of woven type material at least 12-gauge.

(2) The following materials are not approved for fence construction:

(a) Farm fence of any kind, which includes, but is not limited to woven or welded wire, chicken wire, plastic deer fence, snow fence, steel bar fence, and similar type fencing, except as allowed for gardens.

(b) T-posts, pipes, and metal stakes;

(d) Temporary barriers not permanently affixed to the ground.

(3) The material requirements of this section shall not apply to school athletic fields.

(C) Appearance and location. Fences shall not contain pictures or lettering and shall be one uniform color. Fences shall be located inside of property lines and cannot be located on the property line, a neighbor’s land or on public property (boulevards, sidewalks, etc.). It is the responsibility of the permittee to ensure that it is constructed on the permittee’s property. Structural supports of the fence shall be on the interior side of the fence.

(D) Height; all districts. In all zoning districts within the city, fences shall meet the following height requirements.

(1) Fences from the front building line to the front lot or parcel line of that lot shall not exceed four feet.

(2) Fences from the front building line to the rear property line shall not exceed six feet in height.

(3) Fences along the side yard property line shall be located at least five feet from any principal structure located on the adjacent property. If a fence is located closer than five feet from a principal structure located on the adjacent property, the fence shall not exceed four feet.

(4) On a corner lot, fences along the side yard abutting the street shall not exceed six feet. Exception: if the primary door of the residence is located in the side yard abutting the street, fences shall not exceed four feet in the side yard abutting the street.

(5) On a corner lot, fences along the rear yard shall not exceed four feet in height from the front building line of the abutting lot to the front lot line or parcel line of the abutting lot.

(6) Whenever a fence and wall are used in combination, or placed upon a berm, the combined height shall not exceed the permitted height outlined above. For the purposes of this clause, fences placed within three feet of a berm or wall shall be considered to be used “in combination” with the berm or wall.

(E) Height; commercial and industrial zones. Fences with a security arm for barbed wire may be erected to a height of eight feet, if a conditional use permit is obtained or if modified and approved as part of the site plan approval process under § 153.031. The security arm shall only extend over the property of the property owner. The security fencing shall not be located along a property line abutting a residential use.

(F) Height; abutting public ways. No fence, thicket, hedge or landscaping shall be erected, kept or maintained in excess of four feet in height on a corner lot within 25 feet of the intersection of a public right-of-way.

(G) Fences around swimming pools. Inground swimming pools shall be surrounded with an enclosure screened structure, or fencing at least five feet in height and of sufficient density to control access, having openings not in excess of six inches. Gates shall be self-closing, with a latching device to secure closing, and hardware for permanent locking device which shall be located at least 48 inches in height from the ground. The requirements of this section shall not apply to above-ground pools with a removable access ladder or an above-ground pool surrounded by a fenced deck, with a self-closing gate and latching or locking device, as above described. The latching requirement shall not be subject to any nonconforming use status under § 153.006.

(H) Special fences. Fences for special purpose or differing in material, height, construction or location may be permitted in any district by variance.

(Ord. 05-05, passed - -; Ord. 07-29, passed - -; Ord. 08-19, passed - -; Ord. passed 10-11-1963; Ord. 13-03, passed 6-10-2013)

§ 153.382 AUTO-RELATED USES.

(A) Purpose and intent. The purpose and intent of this chapter is to establish specifications and guidelines for motor vehicle-related uses within the city, (for definition of motor vehicle-related uses, see § 153.004). Those uses shall be imposed with restrictions and conditions to ensure that the location and design are consistent with the standards, purposes and procedures of this chapter and the Comprehensive Plan.

(B) General provisions. All motor vehicle-related uses must comply with the site and building plan approval process in § 153.032, when applicable. The following provisions shall also apply to motor vehicle-related uses.

(1) No storage of wrecked, abandoned, disassembled or junk vehicles is allowed. All vehicles located on the site must be licensed and operable, unless they are held for repair, in which case they must comply with division (B)(2) below. Open storage of repaired licensed and operable motor vehicles may be addressed in the conditional use permit or site plan approval process.

(2) Vehicles held for repair shall only be stored in a location identified on the site plan, however, no such vehicles may remain outside more than seven days without city approval or an order from a law enforcement agency.

(3) All vehicle repair, assembly, disassembly, maintenance, except minor maintenance, must be conducted entirely within a building. MINOR MAINTENANCE, for purposes of this section, means maintenance that does not require the use of tools, such as adding oil, adding windshield washer fluid, and wiper blade replacement. All minor maintenance must occur on a paved surface and in a location identified on the site plan.

(4) In addition to the number of parking spaces required by § 153.348, if the use includes vehicle repair, a minimum of three additional parking spaces shall be provided for each service bay or stall.

(5) Motor vehicle sales shall only be allowed for new products and shall be conducted entirely within a building.

(6) Motor vehicle rentals shall comply with all of the following conditions:

(a) The lot size shall be limited to one acre or less; and

(b) Rental vehicles shall be stored within a building or in a lot that adheres to the following:

1. The lot is located 100 feet from Robert Street and 100 feet from any R District;

2. The lot is located in a rear or side yard; and

3. The lot is screened from public rights of way and all adjacent R Districts. Screening must comply with § 153.032(F).

(C) Motor fuel stations. In addition to the provisions in § 153.382(B), unless modified and approved as part of a site and building plan approval process, the following provisions apply to motor fuel stations:

(1) Area and design requirements.

(a) Parking setbacks must comply with the setbacks for the applicable zoning district.

(b) The following requirements shall be observed for building setbacks of motor fuel stations:

	Motor Fuel Station	Motor Fuel Station with Vehicle Rental
Lot width	150 feet	200 feet
Front yard	0 to 30 feet	20 to 60 feet
Side yard	0 to 10 feet	10 to 50 feet
Side adjacent to “R”	10 feet minimum	50 feet minimum
Side adjacent to street	*0 to 20 feet	*10 to 30 feet
Rear yard	20 feet minimum	50 feet minimum
*On corner lots, traffic sight lines must be preserved and maintained to ensure safety. Buildings and parking lots must not be constructed within “sight triangles.” A SIGHT TRIANGLE is defined as that portion of a corner lot being within a triangle, the apex of which is the intersecting point of the two street right-of-way lines and the short sides of which extend 25 feet along each right-of-way line.

(c) A setback of any overhead canopy weather projection free-standing or projecting from the station structure shall be not less than ten feet from the street right-of-way line nor less than 20 feet from the adjacent property line.

(d) Total height of any overhead canopy or weather projection shall not exceed 20 feet.

(e) Car washes, when operated as an accessory use to motor fuel stations, shall be subject to requirements outlined in division (D) below.

(2) Architecture, landscaping, lighting, open storage.

(a) The setback area shall be utilized as a protective buffer, following the landscape requirements of § 153.032(F). At all corner sites, a landscaped yard shall occupy not less than a 25-foot triangle at the street intersection corner of the property.

(b) Used oil cans, discarded auto parts, discarded tires and similar items of debris shall not be stored on the premises, unless the items of debris are located in an approved trash enclosure.

1. In a display rack during business hours; or

2. In a permanent outside display container that is completely enclosable and located in conformance with setback requirements. The display container shall be closed when the station is not open for business.

(d) Propane for exchange/sale may be stored in an exterior display if the following conditions are met:

1. Display and placement is in accordance to § 91.01, as required by the Fire Chief;

2. Display must be located adjacent to a wall of the principal structure;

3. Display is no larger than 100 cubic feet;

4. Propone tanks for sale may not exceed 20 pounds in size; and

5. Display must be protected by bollards approved by the Zoning Administrator in conjunction with the Fire Chief.

(e) Except for tires and propane as allowed above, all goods for sale by a motor fuel station shall be displayed within the principal building.

(3) Parking requirements.

(a) Parking surfaces shall be designed to fit the requirements of a minimum seven-ton axle load.

(b) A minimum of four parking spaces plus three additional parking spaces for each service bay or stall shall be provided. One additional parking space shall be provided for each 200 square feet of floor space devoted to retail sales in a motor fuel station.

(4) Access driveway.

(a) The distance from a driveway to the intersection of two streets shall not be less than 30 feet measured along the curb line with the property line and the point of tangency of the curb lines with the curb return of the driveway, unless otherwise recommended by the City Engineer and approved by the City Council.

(b) The minimum distance between driveways shall be 30 feet measured at the property or street right-of-way unless otherwise recommended by the City Engineer and approved by the City Council.

(c) The distance from the driveway to the property line of an adjacent property shall not be less than five feet measured along the curb line between the point of intersection of the curb line with the property line extended and the point of tangency of the curb line with the curb return of the driveway, unless otherwise recommended by the City Engineer and approved by the City Council.

(d) Access driveways shall be 30 feet wide measured along the property line between the curb faces of the driveway unless otherwise recommended by the City Engineer and approved by the City Council.

(D) Car washes. In addition to the provisions in § 153.382(B), unless modified and approved as part of the site and building plan approval process, the following provisions apply to car washes:

(1) In addition to the information required for the site and building plan approval and conditional use permit, plans must show the location and dimensions in relation to property and rights-of-way of all buildings, driveways and stacking areas.

(2) Car washes must provide an area of 20 feet by nine feet for each parking and stacking space required pursuant to the following:

(a) Principal use: When a car wash is the principal use, stacking space for not less than 40 cars shall be provided to assure that all vehicles awaiting service shall be parked on the premises.

(b) Accessory use: when a car wash is an accessory use to a motor fuel station or other use, stacking space for not less than five cars shall be provided to assure that all vehicles awaiting service shall be parked on the premises. If there is more than one service bay or stall, then one additional stacking space shall be provided for each additional bay or stall.

(3) Waste water from car washing shall be emitted into the sanitary sewer after flowing through a grease and mud trap. A sewer flow rate will be set in relation to the size of the facility. Failure to maintain acceptably clean grease and mud traps will be cause for revocation of a conditional use permit.

(4) Lot requirements:

(a) Parking setbacks must comply with the applicable zoning district.

(b) Building setbacks must comply with the following:

Front yard	0 to 60 feet
Side yard	0 to 10 feet
Side adjacent to “R”	10 feet minimum
Side adjacent to street	*0 to 20 feet
Rear yard	40 feet minimum
*On corner lots, traffic sight lines must be preserved and maintained to ensure safety. Buildings and parking lots must not be constructed within “sight triangles.” A SIGHT TRIANGLE is defined as that portion of a corner lot being within a triangle, the apex of which is the intersecting point of the two street right-of-way lines and the short sides of which extend 25 feet along each right-of-way line.

(5) All surfaces utilized by vehicles or surface water drainage shall be paved with asphalt or concrete.

(6) No streamers, pennants or other attention-attracting devices shall be used.

(7) The operation shall not emit steam, water, vapor or high velocity water that would create a nuisance for the neighboring properties.

(8) The premises of the establishment shall be kept free of litter and debris. Refuse receptacles shall be provided for each vacuum cleaner and for each bay for the collection of trash.