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West St Paul City Zoning Code

R-1A ONE-FAMILY

RESIDENTIAL DISTRICT

§ 153.050 PERMITTED USES.

   Within any “R-1A” One-Family Residential District, no structure or land shall be used except for one or more of the following uses:
   (A)   One-family detached dwellings;
   (B)   Public parks and playgrounds;
   (C)   Public and parochial schools with the following conditions:
      (1)   No school building shall be located within 50 feet of any lot line of an abutting lot in an R District; and
      (2)   Where a school has an open play area abutting a street, a fence shall be erected 15 feet or more from the street right-of-way.
   (D)   Churches, including those related structures located on the same site which are an integral part of the church property, such as convents or homes for persons related to a religious function on the same site, with the following conditions:
      (1)   No church building shall be located within 50 feet of any lot line of an abutting lot in an R District; and
      (2)   No more than ten persons shall reside on the site.
   (E)   Municipal buildings and structures, including storage of maintenance equipment and trucks. No building shall be located within 50 feet of any lot line of an abutting lot in an R District;
   (F)   A state-licensed residential care facility, serving six or fewer persons; a licensed day care center serving 12 or fewer persons; or a group family day care facility licensed under Minn. Rules 9502.0315 to 9502.0445, serving 14 or fewer children;
   (G)   Radio and television antennas, subject to the provisions in § 153.395;
   (H)   Satellite dish antennas less than one meter (39 inches) in diameter;
   (I)   Those uses as permitted and regulated in § 153.006; and/or
   (J)   Farmers market provided such products are sold directly to consumers by local growers and producers.
(Ord. 08-09, passed - -; Ord. 08-17, passed - -; Ord. passed 10-11-1963; Ord. 16-12, passed 11-14-2016; Ord. 17-09, passed 7-10-2017; Ord. 17-14, passed 11-27-2017; Ord. 21-011, passed 8-23-2021)

§ 153.051 CONDITIONAL USES.

   Within any R-1A One-Family Residential District, no structure or land shall be used for the following uses, except by conditional use permit:
   (A)   Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an R District, and accessory structure shall be a minimum of 50 feet from any lot line;
   (B)   Essential service structures, including, but not limited to, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells and pumping stations, elevated tanks, lift stations and electrical power substation provided no building shall be located within 50 feet from any lot line of an abutting lot in an R District. Prior to granting the permit it shall be found that the architectural design of essential service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare;
   (C)   Nursing homes, retirement homes, and other similar state licensed residential care uses.
      (1)   For nursing homes the site shall contain not less than 1,000 square feet of lot area for each person to be accommodated and buildings for uses described in this division are 50 feet or more from a lot line of an abutting lot in an R-1, R-2 or R-3 District.
      (2)   For retirement homes, and other similar state licensed residential care uses, the site shall contain not less than 3,500 square feet of lot area per dwelling unit. Parking facilities shall be equal to one space for each dwelling unit and proof of the availability of one additional space per unit.
      (3)   All parking for facilities in this section shall comply with §§ 153.345 et seq.
   (D)   A state licensed child day care facility serving 13 or more provided that the conditional use be in structures at least 50 feet of any lot line of an abutting lot in an R District and that a fence be erected 15 feet or more from any street right-of-way where the intended use is for open play;
   (E)   Off-street parking when the proposed site of the off-street parking abuts on a lot which is in the B or I District and is in the same ownership as the land in the B or I District and subject to those conditions set forth in §§ 153.345 through 153.351, and other conditions as found necessary by the City Council to carry out the intent of this chapter;
   (F)   School buildings which are a part of the physical system of the school district but which are considered temporarily in surplus may be used as research centers, offices not directly serving the public or for some form of educational activity provided:
      (1)   The off-street parking requirements are met; and
      (2)   The work day of the use falls between 7:00 a.m. and 7:00 p.m.
   (G)   Commercial buildings which have previously been classified and certified as nonconforming uses at the time of the effective date of this chapter may be used as the same nonconforming or less intense use provided:
      (1)   The off-street parking requirements for the use are met;
      (2)   The hours of operation of the use shall be determined by the City Council;
      (3)   The structure is significant to the neighborhood and its continued active use will not be detrimental to the value of quiet enjoyment or surrounding residential properties; and
      (4)   The use would be normally allowed as a permitted use in the B-2 Neighborhood Business District.
   (H)   Satellite dish antennas greater than one meter (39 inches) in diameter. See § 153.396.
   (I)   Bed and breakfast residence.
   (J)   Elderly community education center, provided that it is located in a building that contains a civic or community center or a multifamily elderly residential housing facility.
   (K)   Reserved.
   (L)   On-site residential housing for an educational facility operating in conjunction with a permitted principal use, provided:
      (1)   Housing structures are limited to three stories in height;
      (2)   The number of on-site residents is limited to 200; and
      (3)   Housing structures must meet the building setback requirements from adjacent property lines as outlined in § 153.128.
   (M)   Columbaria, provided they are located on the same property as an existing church, and located a minimum of 50 feet from any property line.
   (N)   Accessory structures exceeding the allowable maximum size per § 153.380(F)(3)(b).
   (O)   Small wireless facilities, as defined in § 95.15, that are located in the right-of-way, and comply with the provisions of § 95.24.
   (P)   Banquet halls, provided:
      (1)   The use is accessory to a public or private golf course; and
      (2)   The building and/or any outdoor facilities in which the banquet hall is located shall be a minimum of 100 feet from residentially zoned property.
   (Q)   Solar carport, provided:
      (1)   The solar carport use is accessory to the principal use of the property.
      (2)   The solar carport does not exceed 50% of the respective parking area on which it is located.
      (3)   The solar carport otherwise complies with § 153.380.
(Ord. 03-04, passed - -; Ord. 08-09, passed - -; Ord. 09-02, passed - -; Ord. 11-10, passed - -; Ord. passed 10-11-1963; Ord. 14-05, passed 9-8-2014; Ord. 16-12, passed 11-14-2016; Ord. 17-11, passed 12-11-2017; Ord. 17-14, passed 11-27-2017; Ord. 18-05, passed 2-26-2018; Ord 19-16, passed 10-14-2019; Ord. 23-012, passed 9-11-2023; Ord. 24-012, passed 11-25-2024)

§ 153.052 PERMITTED ACCESSORY USES.

   Within any R-1A One-Family Use District, the following vises shall be permitted accessory uses:
   (A)   Private garages and parking spaces;
   (B)   Private swimming pool and tennis court;
   (C)   Home occupations as defined herein, provided that:
      (1)   Only persons residing in the dwelling shall be engaged in the occupation;
      (2)   The occupation shall be conducted entirely within the principal structure;
      (3)   Evidence of the occupation shall not be visible from the street;
      (4)   No stock or warehousing for the occupation shall be stored on the premises;
      (5)   Over-the-counter retail sales are not involved;
      (6)   There shall be no more than three parking spaces for the occupant and visitors;
      (7)   No accessory building or attached garage shall be used for the home occupation; and
      (8)   Property cannot be used as a meeting location for employees.
   (D)   Signs as regulated by §§ 153.430 et seq. and by §§ 150.105 et seq.;
   (E)   Temporary buildings located for purposes of construction on the premises for a period not to exceed time necessary for the construction;
   (F)   Gardening and other horticultural uses where no sale of products is conducted on the premises;
   (G)   Decorative landscape features;
   (H)   The keeping of domestic animals for noncommercial purposes for use of the occupants of the premises, provided that any accessory building used for housing the animals shall be located not less than 30 feet from the nearest residence, and provided further that the keeping of the animals shall be subject to requirements of the city code; and
   (I)   Storage buildings subject to § 153.380.
(Ord. 04-15, passed - -; Ord. passed 10-11-1963; Ord. 16-12, passed 11-14-2016)

§ 153.053 LOT AREA, HEIGHTS, LOT WIDTH, YARD AND OTHER REQUIREMENTS.

   The purpose of this section is to enhance the design character of existing development, to add visual character to the community, and to promote harmony in the visual relationships and transitions between buildings or an upgrade from the surrounding area by complementing other buildings of good design.
   (A)   No structure or building shall exceed 30 feet in height as defined in § 153.004 “Building Height,” except as provided in § 153.009.
   (B)   The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth elsewhere in this chapter.
 
Lot Area
Corner lot
9,100 square feet
Interior lot
7,000 square feet
 
 
Lot Width
Corner lot
65 feet
Interior lot
50 feet
 
 
Yard, Building Setback
Front
30 feet
Rear
30 feet or 20% of average lot depth, whichever is greater
Side
5 feet adjacent to another lot
 
20 feet adjacent to street
 
   (C)   Building materials and design.
      (1)   Exterior walls of all principal 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.
      (2)   Prohibited materials include, but are not limited to, cloth, fabric, canvas, plastic sheets, tarps, tarpaper, insulation, sheet metal and corrugated metal.
      (3)   Garage doors must comply with the following,
         (a)   Rated for 115 mph ultimate wind speed (90 mph nominal) and additional struts may be needed to comply.
         (b)   Labeled with a sticker demonstrating compliance with ANSI/DASMA 108.
         (c)   Door openers must have an electronic sensor, safety beam, or similar device to reverse the door if an obstruction is encountered during operation, along with other requirements in state law.
         (d)   All materials and related design components must have an architectural appearance that is visually compatible with the principal building relative to color and shall have an appearance that shall not detract from the main building which may include windows, moldings, or colors to help blend with the rest of the home.
      (4)   Harmony of design and structure color shades.
         (a)   Murals either: (i) on residential structures; or (ii) on non-residential structures in R Districts shall comply with all other applicable performance and design requirements for residential districts set forth in city code.
         (b)   Murals are prohibited on the primary street facing façade of the building, commonly identified as the front yard. For corner lots, where more than one abutting street facing façade exists, murals are prohibited on both primary street facing facades, commonly identified as the front and the side yard adjacent to the street.
         (c)   Murals shall not directly face adjacent residential structures and shall not cover or detract from architectural features. Eaves, cornices, and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.
         (d)   Murals shall not cover more than one continuous side of the residential structure.
         (e)   When no alternative location exists for a mural pursuant to this division, a mural, not to exceed six feet in height as measured from where the exterior wall meets the ground, shall be allowed on the back exterior wall of the residential structure as long as the mural does not exceed six feet in height, and is screened by a six foot high fully opaque screening, such as a wall, a fence, landscaping or screening otherwise approved by city.
         (f)   Property owner may register the mural by providing the following information to the Community Development Department:
            1.   Address and location of the building, structure or lot to which or upon which the mural is to be painted;
            2.   A set of drawings detailing the mural specifications, including, to the extent possible, accurate and scaled dimensions;
            3.   A written and signed statement including: (i) a description of which of the following materials the mural will be painted with: an oil-based alkyd enamel; a polyurethane enamel; a Painting and Decorating Contractors of America (PDCA) industry standard exterior paint; or another maintenance free material approved by the Zoning Administrator; and (ii) the approximate start and end dates for the creation and completion of the mural.   
         (g)   By registering the mural, the city can assist the property owner in ensuring compliance with design standards set forth in this section. Failure to comply with design standards may be subject to enforcement provisions set forth by this code or nuisance actions under this code or state law.
(Ord. 09-19, passed - -; Ord. passed 10-11-1963; Ord. 16-12, passed 11-14-2016; Ord. 23-009, passed 6-26-2023)

§ 153.054 INTERIM USES.

   Within any R-1A One-Family Use District, the following uses shall be interim uses:
   (A)   Temporary residential housing for the homeless provided that it meets the following conditions:
      (1)   The principal use on the site is not a single-family or two-family use;
      (2)   The interim use accessary to the principal use on the site and is located within an existing structure;
      (3)   The interim use is only operated as a temporary residential housing for the homeless use from November 1 through May 1;
      (4)   The interim use is only operated for 30 consecutive days and no more than 60 days total during the permitted months identified above;
      (5)   A fire inspection is required prior to occupancy and the applicant must satisfy all the requirements of the Fire Department;
      (6)   A building code inspection is required prior to occupancy and the applicant must satisfy all the requirements of the Building Official;
      (7)   The number of temporary residential occupants allowed shall be determined by the Fire Marshal pursuant to the Fire Code;
      (8)   The interim use is operated by a Minnesota non-profit corporation who has a contract to operate such services through Dakota County Social Services; and
      (9)   The principal use and the interim use shall possess all federal, state and local licenses and permits required prior to occupancy of the interim use.
(Ord. 18-16, passed 10-8-2018)