On the agenda: West Saint Paul meeting — Data Center (Jun 16)

PLANNING COMMISSION MEETING
Municipal Center Council Chambers
1616 Humboldt Ave, West St. Paul, MN 55118
June 16, 2026
6:30 P.M.

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1. Roll Call
2. Adopt Minutes
2.A. Planning Commission Meeting Minutes - May 19th, 2026
Documents:
05.19.2026 - PC MEETING MINUTES.PDF
3. Public Hearings
3.A. Ordinance Amending, Repealing, and Replacing Multiple Sections of the Zoning Code
Regarding Definitions and Listed Uses in All Zoning Districts
Documents:
PC MEMO - 06.16.2026.PDF
PC POWERPOINT - 06.16.2026.PDF
DRAFT ORDINANCE - 07.13.2026.PDF
4. General Business
4.A. City Council Updates
4.B. Commission Comments/Discussion
4.B.i. Outdoor Seating Requirements
Documents:

4.B. Commission Comments/Discussion
4.B.i. Outdoor Seating Requirements
Documents:
PC MEMO - 06.16.2026.PDF
5. Adjourn

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www.wspmn.gov

EOE/AA

MEETING MINUTES
WEST ST. PAUL PLANNING COMMISSION
The regular meeting of the West St. Paul Planning Commission was called to order by Vice-Chair
Hoff on Tuesday, May 19, 2026, at 6:31 pm in the Municipal Center Council Chambers at 1616
Humboldt Avenue, West St. Paul, Minnesota 55118.
Roll Call:

Commissioners: Rebecca Foote, Maria Franzmeier, Kyle Hoff, Mikael Garland, Liz
Gillen, Tim Grimes, Lance LaRue, and Brooklyn Petrich
Absent: Alex Dahlquist (e)

Also present:

Community Development Director, Ben Boike; City Planner, Melissa Houtsma; and
City Council Liaison, John Justen

Adopt Minutes: The minutes from the April 21st, 2026 meeting were approved as written.
Public Hearings:
PC Case 26-07: Conditional Use Permit to Allow an On-Sale Liquor Establishment and
Outdoor Seating at 1385 Robert Street South
City Planner, Melissa Houtsma presented a summary of the proposed outdoor patio seating area as
well as the reasoning behind the application for an on-sale liquor establishment. The current and
previous occupants of the restaurant have been operating with an on-sale liquor license; however,
there was no formal conditional use permit on file. Therefore, the applications currently being
reviewed, if approved, would formally bring the property into compliance as well as all the addition
of an outdoor seating area.
The applicant representative, Roberto Grand, came forward to answer questions from the planning
commission.
The public hearing was opened at 6:49 pm.
With no one coming from the public coming forward to speak, and no one calling in on the phone
line to speak on the items, the public hearing was closed at 6:50 pm.
A motion was made by commissioner Petrich to recommend that the city council approve the
conditional use permit to allow on-sale liquor establishment and outdoor seating at 1385 Robert
St. as recommended by city staff.
Commissioner Garland seconded the motion.
Votes: 8 Ayes, 0 Nays
The motion carried.
General Business:
Council Updates
Community Development Director, Ben Boike summarized that the city council approved the
following items during recent meetings:

West St. Paul Planning Commission
Meeting Minutes – May 19, 2026
Page 2 of 2

•
•

April 27th, 2026, the city council voted to approve site plan for the building addition and
alteration of exterior building materials at 232 Lothenbach Ave.
May 11th, 2026, the city council voted to approve the ordinance amendment to the zoning code
regarding the expiration of conditional use permits.

Commission Comments/Discussion
The commission further discussed the requirements in the building and zoning codes for outdoor
dining exterior enclosures (emergency exit gate/primary access through building).
Adjourn:
A motion was made to adjourn the meeting at 7:04 p.m.
All ayes. The motion carried.
Respectfully submitted,
Sharon G. Hatfield
Recording Secretary

Planning Commission Report
To:

Planning Commission

Through:

Ben Boike, Community Development Director

From:

Melissa Houtsma, City Planner

Date:

June 16 , 2026

Ordinance Amending, Repealing, and Replacing Multiple Sections of the
Zoning Code Regarding Definitions and Listed Uses in All Zoning Districts
BACKGROUND:
Staff has been working to convert the current listing of uses within the zoning code into a
table format to help with functionality and overall readability, this combined with the
request for city council input on a number of uses prompted a formal amendment. In
working through the proposed amendment, staff noted a number of uses that could be
updated or clarified. While some of the proposed changes are minor, they ultimately work
to make a better final product overall.
PROPOSED AMENDMENT:
Minor Changes and Housekeeping
Updated Definitions:
▪ Commercial Recreation Facility, Indoor. An establishment or business conducted
entirely within an enclosed building that provides indoor amusement, recreation, or
entertainment to the public for a fee. This use includes, but is not limited to: bowling
alleys, billiard or pool halls, roller- or ice-skating rinks, indoor batting cages,
trampolines, and electronic amusement arcades.
▪ Data Center. A facility used primarily for the housing, operation, storage, and
maintenance of computer systems, servers, networking or computing equipment, and
associated infrastructure for collecting, storing, processing, or transmitting digital data,
together with supporting cooling, power conditioning, backup power, and ventilation
equipment. Data Center does not include server rooms, telecommunication equipment
areas, or similar computer equipment that are accessory to a principal use of the
property and occupy less than 5,000 square feet of gross floor area.
▪ 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. The use includes outpatient group counseling,
and treatment programs. The maximum number of clients served must comply with

state statute. Persons served may include the developmentally disabled or challenged,
chemically dependent and severely physically disabled.
▪ Office, Dental. An establishment licensed by the Minnesota Board of Dentistry
engaged in providing preventative, corrective, and treatment services on an outpatient
basis.
▪ Office, Medical. An establishment which provides direct physical or mental care,
testing or treatment on an outpatient basis for stays of 12 hours or less by physicians,
optometrists, or other healthcare professionals licensed by the State of Minnesota.
This use does not include facilities providing inpatient care, subacute care, or inpatient
treatment for health or medical issues.
▪ Residential Care Facility, State Licensed. A facility licensed or regulated by the
Minnesota Department of Human Services that provides 24-hour-a-day care, lodging,
or supervision outside a person’s home which may also provide training, education,
habilitation, rehabilitation, treatment, chemical dependency, or mental health services.
▪ Story. The portion of a building between the surface of any floor and the surface of
the floor above; if there is no floor above, the space between the floor and the ceiling
above. Usable or unused under-floor space, such as a basement or underground
parking shall be considered a Story if the floor is more than six feet above grade for
50% or more of the total building perimeter, or if the flood of the level above is more
than 12 feet above grade at any point.
Residential Zoning Districts:
▪ Removal of overly specific uses that no longer seem to apply.
□ Example: school buildings which are a part of the physical system but are

considered temporarily in surplus
▪ Removal of legal nonconformities as a listed use as this language is already stated in
the legal nonconformities section of the code.
▪ Cleaned up and re-worded child day care uses to more accurately reflect state
licensing capacities.
▪ Removal of structures with more than 8 dwelling units from the allowable uses in the
R-3, Townhouse Residential zoning district. Staff believe these are more appropriate
for the R-4, Multiple Family Residential district.
▪ Removal of signs as a listed use, as signs are regulated through their own section and
staff does not consider it to be a “use” of a property.
▪ Changed columbaria (above ground structure storing cremated remains) from a
conditional use to a permitted accessory use, as this was never intended to be a
primary use.
Page |

2

▪ Removal of private swimming pools as a primary use. However, they are still allowed
as an accessory use.
▪ Removal of language requiring 3,500 sq. ft. per unit for retirement homes as this
density requirement conflicts with the established district densities (R-3 and R-4).
▪ Changed tennis courts to athletic courts under allowable accessory uses to be more
inclusive.
Commercial Zoning Districts:
▪ Removal of outdated language as well as grouping of similar uses.
□ Example: Removal of “dairy store”
□ Example: Combined sales and service of cell phones, computers, and appliances to

read “appliance and electronics sales and service”
▪ Combined “offices with more than 50 employees” into general office, as staff believes
that the other code requirements, such as minimum parking, will work to regulate
larger offices and a CUP would not be necessary exclusively because of the number of
employees within in a traditional office.
▪ Removed “outdoor display or storage of items … such as building material yard,
commercial greenhouse, and mobile home sales” from the B-3 district and added
language to require that it be enclosed and limited to an accessory use.
▪ Updated satellite dish antennas from a permitted to a conditional use as well as
increased the size from 39 inches to 79 inches, as the latter seems to be the common
size for commercial scale antennas.
▪ Changed museums, art institutes, and galleries from a conditional to permitted use, as
this aligns with the desire to allow more entertainment-oriented businesses and uses
within the city.
Industrial Zoning Districts:
▪ Removed “civic center” as a permitted use, as there is no definition and generally this
use likely is not suitable for industrial areas.
General Changes
Based on feedback during the open council work session on April 27 th and the planning
commission work session on May 19 th , staff is recommending the following changes.
▪ Medical and dental offices
□ Currently allowed through a CUP in all of the B districts.

Staff had originally
recommended changing all medical and dental uses to a permitted use in the B
districts. However, after some hesitancy from both the council and commission
Page |

3

around certain medical related uses, staff is now recommending that medical
offices be kept as a conditional use, but dental offices be changed to a permitted
use.
▪ Office in industrial zones
□ Currently allowed as a permitted, stand-alone use in I-1 and I-2 districts.
□ Due to the limited amount of industrial area within the city, staff is

recommending that offices not be allowed as a primary use in the I-1 and I-2
districts. However, offices would be allowed as long as they are serving as
secondary to a permissible principal use
▪ Nursing and retirement homes
□ Currently allowed through a CUP in all R and B districts. Staff is recommending

removing nursing and retirement homes from the R-1, R-2, and all B districts.
□ Staff believes that “retirement homes”, which are generally senior independent

living, fit under multi-family structures which are allowed in the R-3, R-4, B-5, and
B-6 (depending on density) through a CUP. Staff believes “nursing homes” and
“assisted living facilities” are better suited for R-3 and R-4 districts.
▪ Used merchandise stores
□ Currently allowed through a CUP in the B-2, B-3, and B-4 districts.

‐ Restricted to 2,000 sq. ft. in B-2 and 5,000 sq. ft. in B-3
‐ Restricted to clothing and related accessories in B-2
□ Staff is recommending changing used merchandise stores from a conditional

use (CUP) to a permitted use in the B-2 and B-3 districts, but keeping it as a CUP
in the B-4 due to the larger scale.
‐ Furthermore, staff is also recommending increasing the square footage
limitation in the B-2 district from 2,000 to 5,000 square feet and eliminating
the product type limitation to allow more than clothing and related
accessories to be sold.
▪ Motels and hotels
□ Currently a permitted use in the B-3 and allowed through a CUP in the B-4 and

B-6 districts.
□ Staff is recommending that motels and hotels be changed to require a CUP in

the B-3 district to be consistent across the allowable districts.
▪ Auto accessory stores
□ Currently allowed as a permitted use in the B-3, B-4, I-1, and I-2 districts.

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4

□ Staff is recommending removing auto accessory stores from the I-1 and I-2

districts.
▪ Automotive detailing
□ Currently allowed through a CUP in the B-4 district.
□ Staff is recommending removing auto detailing the B-4 and adding it as a CUP

in the B-3 district.
▪ Motor vehicle rentals and sales
□ Currently allowed through a CUP in the B-3 and B-4 districts (required to be in a

building or screened if outdoors) and through a CUP in the I-1, and I-2 districts
(requires that all vehicles be displayed/stored inside a building).
□ Staff is recommending removing motor vehicle sales and rentals from the B -3

and B-4 districts.
▪ Boat or marine rentals and sales
□ Currently allowed through a CUP in the B-3 and B-4 districts (if conducted within

a building) and allowed as a permitted use in the I-1 and I-2 districts.
□ Staff is recommending removing boat and marine sales from the B-3 and B-4

districts.
▪ Minor vehicle repair
□ Currently allowed through a CUP in the B-2 and B-3, and as a permitted use in

the I-1 and I-2 districts.
□ Staff is recommending removing minor vehicle repair from the B-2 district.
▪ Data centers
□

Currently not a listed use in any zoning districts.

□

Staff has added “data center” as a conditional use in the I-2 district with a
minimum buffer requirement of 300 feet as well as requiring that any outdoor
equipment serving the data center be fully screened and located no closer to
the street than the building.

▪ Amusement establishments, bowling alleys, billiard and pool rooms, skating rinks,

etc.
□ Currently amusement establishments are only allowed through a conditional use

permit in the B-4 zoning district.
□ “Bowling alleys, billiard and pools rooms, skating rinks, dance halls, batting

cages, and similar uses” is listed as a conditional use in the B-3 district (also
allowed in the B-4).

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5

□ Staff is recommending combining these into one use (commercial recreation

facility, indoor) and allowing it through a conditional use permit in the B-3 and
B-4.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the
ORDINANCE amending, repealing, and
replacing multiple sections of the zoning code regarding definitions and listed
uses in all zoning districts.

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6

PLANNING
COMMISSIONJune 16th, 2026
Ordinance amending, repealing,
and replacing multiple sections
of the zoning code

PROPOSAL
USES TABLE

ZONING DISTRICTS
RESIDENTIAL DISTRICTS
R -1A, One Family Residential
R -1B, One Family Residential
R -1C, One Family Residential
R - 2, Two Family Residential
R -3, Townhouse Residential
R - 4, Multiple Family Residential

COMMERCIAL DISTRICTS
B -1, Limited Business
B - 2, Neighborhood Business
B -3, General Business
B - 4, Shopping Center
B - 5, Gateway North Mixed
B - 6, Town Center Mixed

INDUSTRIAL DISTRICTS
I-1, Light Industrial
I- 2, General Industrial

CONSERVANCY DISTRICT
C, Conservancy

- Use
- Use

PROPOSED CHANGES
MINOR CHANGES AND
HOUSEKEEPING

Updated Definitions
▪ Commercial Recreation Facility, Indoor

▪ Data Center
▪ Nonresidential Program
▪ Office, Dental
▪ Office, Medical
▪ Residential Care Facility, State Licensed

▪ Story

PROPOSED CHANGES
RESIDENTIAL ZONING DISTRICTS
▪ Removal of overly specific uses that no longer seem to
apply.
□

Ex: school buildings which are a part of the physical
system but are considered temporarily in surplus

▪ Removal of legal nonconformities as a listed use as this
language is already stated in the legal nonconformities
section of the code.
▪ Cleaned up and re
-worded child day care uses to more
accurately reflect state licensing capacities.
▪ Removal of structures with more than 8 dwelling units
from allowable uses in the R
-3, Townhouse Residential
zoning district. Staff believe these are more
appropriate for the R
-4, Multiple Family Residential
district.

PROPOSED CHANGES
RESIDENTIAL ZONING DISTRICTS
▪ Removal of signs as a listed use, as signs are regulated
through their own section and staff does not consider
it to be a “use” of a property.
▪ Changed columbaria (above ground structure storing
cremated remains) from a conditional use to a
permitted accessory use, as this was never intended to
be a primary use.
▪ Removal of private swimming pools as a primary use.
However, they are still allowed as an accessory use.
▪ Removal of language requiring 3,500 sq. ft. per unit for
retirement homes as this density requirement conflicts
with the established district densities (R
-3 and R - 4).

▪ Changed tennis courts to athletic courts under
allowable accessory uses to be more inclusive.

PROPOSED CHANGES
COMMERCIAL ZONING DISTRICTS
▪ Removal of outdated language as well as grouping of similar
uses.
□

Ex: Removal of “dairy store”

□

Ex: Combined sales and service of cell phones, computers,
and appliances to read “appliance and electronics sales and
service”

▪ Combined “offices with more than 50 employees” into general
office, as staff believes that the other code requirements, such
as minimum parking, will work to regulate larger offices and a
CUP would not be necessary exclusively because of the
number of employees within in a traditional office.
▪ Removed “outdoor display or storage of items … such as
building material yard, commercial greenhouse, and mobile
home sales” from the B
-3 district and added language to
require that it be enclosed and limited to an accessory use.

PROPOSED CHANGES
COMMERCIAL ZONING DISTRICTS
▪ Updated satellite dish antennas from a permitted to a
conditional use as well as increased the size from 39’’ to 79’’,
as the latter seems to be the common size for commercial
scale antennas.
▪ Changed museums, art institutes, and galleries from a
conditional to permitted use, as this aligns with the desire to
allow more entertainment
- oriented businesses and uses within
the city.

INDUSTRIAL ZONING DISTRICTS
▪ Removed “civic center” as a permitted use, no definition and
generally this use likely is not suitable for industrial areas.

PROPOSED CHANGES
GENERAL CHANGES AND
UPDATES

PROPOSED CHANGES
MEDICAL AND DENTAL OFFICES
▪ Currently allowed through a CUP in all B districts. Staff had
originally recommended changing all medical and dental uses
to a permitted use in the B districts.
□

However, after some hesitancy from both the council and
commission around certain medical related uses, staff is now
recommending that medical offices be kept as a conditional
use, but dental offices be changed to a permitted use.

PROPOSED CHANGES
OFFICES IN INDUSTRIAL ZONES
▪ Currently allowed as a permitted, stand
districts.

- alone use in I

▪ Due to the limited amount of industrial area within the city,
staff is recommending that offices not be allowed as a primary
use in the I -1 and I - 2 districts. However, offices would be
allowed if they are serving as secondary to a permissible
principal use

-1 and I - 2

PROPOSED CHANGES
NURSING AND RETIREMENT HOMES
▪ Currently allowed through a CUP in all R and B districts. Staff
is recommending removing nursing and retirement homes
from the R -1, R- 2, and all B districts.
▪ Staff believes that “retirement homes”, which are generally
senior independent living, fit under multi
- family structures
which are allowed in the R
-3, R - 4, B - 5, and B - 6 (depending on
density) through a CUP.
□

Staff believes “nursing homes” and “assisted living facilities”
are better suited for R
-3 and R - 4 districts.

PROPOSED CHANGES
USED MERCHANDISE STORES
▪ Currently allowed through a CUP in the B
districts.

- 2, B -3, and B - 4

□

Restricted to 2,000 sq. ft. in B

- 2 and 5,000 sq. ft. in B

□

Restricted to clothing and related accessories in B

-3.
- 2.

▪ Staff is recommending changing used merchandise stores
from a CUP to a permitted use in the B
- 2 and B -3 districts
and keeping it as a CUP in the B
- 4 due to the larger scale.
□

Furthermore, staff is also recommending increasing the
square footage limitation in the B
- 2 district from 2,000 to
5,000 sq. ft. and eliminating the product type limitation to
allow more than clothing and related accessories to be sold.

PROPOSED CHANGES
MOTELS AND HOTELS
▪ Currently a permitted use in the B
CUP in the B - 4 and B - 6 districts.

-3 and allowed through a

▪ Staff is recommending that motels and hotels be changed to
require a CUP in the B
-3 district to be consistent across the
allowable districts.

PROPOSED CHANGES
AUTO ACCESSORY STORES
▪ Currently allowed as a permitted use in the B
2 districts.

-3, B - 4, I -1, and I -

▪ Staff is recommending removing auto accessory stores from
the I -1 and I - 2 districts.

AUTO DETAILING
▪ Currently allowed through a CUP in the B

- 4 district.

▪ Staff is recommending removing auto detailing the B
adding it as a CUP in the B
-3 district.

-4 and

PROPOSED CHANGES
MOTOR VEHICLE RENTALS AND SALES
▪ Currently allowed through a CUP in the B

-3 and B - 4 districts
(required to be in a building or screened if outdoors),
and

▪ Allowed through a CUP in the I

-1, and I -2 districts
all vehicles be displayed/stored inside a building)
.

(requires that

▪ Staff is recommending removing motor vehicle sales and
rentals from the B
-3 and B - 4 districts.

BOAT OR MARINE RENTALS AND SALES
▪ Currently allowed through a CUP in the B
(if conducted within a building),
and
▪ Allowed as a permitted use in the I

-3 and B - 4 districts
-1 and I - 2 districts.

▪ Staff is recommending removing boat and marine sales from
the B -3 and B - 4 districts.

PROPOSED CHANGES
MINOR VEHICLE REPAIR
▪ Currently allowed through a CUP in the B
permitted use in the I
-1 and I - 2 districts.

- 2 and B -3, and as a

▪ Staff is recommending removing minor vehicle repair from the
B - 2 district.

PROPOSED CHANGES
DATA CENTERS
▪ Currently not a listed use in any zoning districts.
▪ Staff has added “data center” as a conditional use in the I
district with a buffer requirement of 300 feet as well as
requiring that any outdoor equipment be fully screened and
located no closer to the street than the building.

-2

PROPOSED CHANGES
AMUSEMENT ESTABLISHMENTS, BOWLING, AND BILLIARDS
▪ Currently “amusement establishments” are only allowed
through a CUP in the B
- 4 district.

▪ “Bowling alleys, billiard and pools rooms, skating rinks,
dance halls, batting cages, and similar uses” is under
conditional uses in the B
-3 district (also allowed in the B

- 4) .

▪ Staff is recommending combining these into one use
(commercial recreation facility, indoor)
and allowing it through a
conditional use permit in the B
-3 and B - 4.

STAFF RECOMMENDATION
Staff is recommending the commission hold a
public hearing
and recommend approval
of the ordinance amending,
repealing, and replacing multiple sections of the zoning code
regarding definitions and listed uses in all zoning districts.

CITY OF WEST ST. PAUL
DAKOTA COUNTY, MINNESOTA
ORDINANCE 26AN ORDINANCE AMENDING, REPEALING, AND REPLACING MULTIPLE
SECTIONS OF THE WEST ST. PAUL ZONING CODE REGARDING
DEFINITIONS AND LISTED USES IN ALL ZONING DISTRICTS
The City Council of the City of West Saint Paul does ordain:
SECTION 1. AMENDMENT. West St. Paul City Code Section 153.004 is here by amended as
follows:
§ 153.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
COMMERCIAL RECREATION FACILITY, INDOOR. An establishment or business conducted
entirely within an enclosed building that provides indoor amusement, recreation, or entertainment
to the public for a fee. This use includes, but is not limited to: bowling alleys, billiard or pool halls,
roller- or ice-skating rinks, indoor batting cages, trampolines, and electronic amusement arcades.
DATA CENTER. A facility used primarily for the housing, operation, storage, and maintenance of
computer systems, servers, networking or computing equipment, and associated infrastructure for
collecting, storing, processing, or transmitting digital data, together with supporting cooling,
power conditioning, backup power, and ventilation equipment. DATA CENTER does not include
server rooms, telecommunication equipment areas, or similar computer equipment that are
accessory to a principal use of the property and occupy less than 5,000 square feet of gross floor
area.
HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant of a
dwelling. See § 153.052(C)(J).
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. The use includes outpatient group counseling, and treatment programs.
The maximum number of clients served must comply with state statute. Persons served may
include the developmentally disabled or challenged, chemically dependent and severely physically
disabled.

Ordinance No. 26Page 2 of 34
OFFICE, DENTAL. An establishment licensed by the Minnesota Board of Dentistry principally
engaged in providing preventative, corrective, and treatment services on an outpatient basis. by
dentists and other similarly licensed practitioners.
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.which provides direct physical or mental care, testing
or treatment on an outpatient basis for stays of 12 hours or less by physicians, optometrists, or
other healthcare professionals licensed by the State of Minnesota. This use does not include
facilities providing inpatient care, subacute care, or inpatient treatment for health or medical issues.
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. A facility
licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-aday care, lodging, or supervision outside a person’s home which may also provide training,
education, habilitation, rehabilitation, treatment, chemical dependency, or mental health services.
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.
STORY. The portion of a building included between the upper surface of any floor and the upper
surface of the floor next above; if there is no floor above, the space between the floor and the
ceiling 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,
such as a basement or underground parking 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%for 50% or more of the total building perimeter,; or if the flood of the level above is more than
12 feet above grade as defined herein at any point.
SECTION 2. REPEAL AND REPLACE. West St. Paul City Code Section 153.050 is hereby
repealed and replaced follows:
RESIDENTIAL USE REGULATIONS
§ 153.050 PRINCIPAL USES IN RESIDENTIAL DISTRICTS.
(A) Table Key.
(1) P = Permitted use
(2) C = Conditional use
(3) * = Use with additional standards or conditions

Ordinance No. 26Page 3 of 34
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Residential Districts Uses.
Table 153.050
Primary Uses

R-1A R-1B R-1C R-2

R-3

R-4

Related Sections
and Conditions

Household Living
One-family detached dwellings
Two-family dwellings
Multi-family (3-8 units)
Multi-family (3-16 units)
Multi-family (16+ units)

P

P

P

P
P

C*
P

(V)
P
C

Group Living
Elderly community education center
Nursing homes and assisted living
facilities
On-site residential housing for an
educational facility
Residential care facility that is state
licensed and serves 6 or fewer persons
Residential care facility that is state
licensed and serves 7-16 persons

C*

C*

C*

C*

C*

C*

C*

C*

P*

P*

P*

P*

C*

C*

(F)

C*

C*

(N)

C*

C*

(P)

C

C

Civic and Institutional
Churches
Daycare facility that is state licensed
and serves 12 or fewer persons
Daycare facility that is state licensed
and serves 13-16 persons
Group family daycare that is state
licensed and serve 14 or fewer
children
Hospitals
Municipal buildings
Public and parochial schools

P*

P*

P*

P*

P

P

P

P

(B)

C*
P

P

P

C*

P
C*

P*
P*

P*
P*

P*
P*

P*
P*

C*

C
C*

Minn. Rules
9502.0315 9502.0445
(K)
(M)
(R)

Recreation, Entertainment, and Lodging
Bed and breakfast residence
Banquet halls
Community centers as a part of a
multiple-family complex

C*

C*

C
C*

C
C*

P*

P*

(A)
(D) and §§153.345
- 153.351

Ordinance No. 26Page 4 of 34
Country clubs, golf course, tennis
clubs, and public swimming pools
Farmers markets
Private clubs and lodges
Public parks and playgrounds

C*

C*

C*

C*

C*

C*

(E)

P*

P*

P*

P*

P*

(H)
(Q)

P

P

P

P

P

P*
C*
P

C

C

C

C

C

C

§ 153.380(F)(3)(b)

C*

C*

C*

C*

C*

C*

(G)

Utilities and Other
Accessory structures exceeding the
allowable maximum size
Essential service structures and
buildings
Off-street parking adjacent to a B or I
zoning district
Radio and television antennas
Satellite dish antennas less than 39
inches in diameter
Satellite dish antennas greater than 39
inches in diameter
Small wireless facilities located in the
right-of-way
Solar carport
Structures over three stories or more
than 31 feet above grade

C*

C*

C*

C*

P*

P*

P*

P*

P

P

P

P

C*

C*

C*

P*

P*

C*

C*

(O) and
§§153.345 –
153.351
§ 153.395

C*

C*

C*

C*

C*

§ 153.396

P*

P*

P*

P*

§§ 95.15 - 95.245

C*

C*

C*

C*

(S)

C

SECTION 3. REPEAL AND REPLACE. West St. Paul City Code Section 153.051 is hereby
repealed and replaced follows:
§ 153.051 ACCESSORY AND INTERIM USES IN RESIDENTIAL DISTRICTS.
(A) Table Key.
(1) A = Permissible accessory use
(2) I = Permissible interim use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Residential Districts Accessory and Interim Uses.
Table 153.051
Accessory and Interim Uses

R-1A R-1B R-1C R-2

R-3

R-4

Related Sections
and Conditions

A*

A*

A*

(C)

Accessory Uses
Columbaria

A*

A*

A*

Ordinance No. 26Page 5 of 34
Private garages and parking spaces
Private swimming pools and athletic
courts
Home occupations
Temporary building located on site for
the purpose of construction
Gardening and other horticultural uses
Decorative landscape features
Keeping of domestic animals
Storage buildings

A

A

A

A

A

A

A

A

A

A

A

A

A*

A*

A*

A*

A*

A*

(J)

A*

A*

A*

A*

A*

A*

(T)

A*
A
A*
A*

A*
A
A*
A*

A*
A
A*
A*

A*
A
A*
A*

A*
A
A*
A*

A*
A
A*
A*

(I)

I*

I*

I*

I*

(L)
§ 153.380

Interim Uses
Temporary residential housing for the
homeless

(U)

SECTION 4. REPEAL AND REPLACE. West St. Paul City Code Section 153.052 is hereby
repealed and replaced follows:
§ 153.052 RESIDENTIAL USE STANDARDS.
(A) Banquet halls, provided:
(1) The use is accessory to a public or private golf course; and
(2) The building and/or all outdoor facilities shall be a minimum of 100 feet from
residentially zoned properties.
(B) Churches, including related structures, provided:
(1) Related structures must be located on the same site and be an integral part of the church
property, such as convents or homes for persons related to a religious function;
(2) No church building shall be located within 50 feet of any lot line abutting a residential
district; and
(3) No more than ten persons shall reside on the site.
(C) Columbaria, provided:
(1) The use must be located on the same property as an existing church; and
(2) The use must be setback at least 50 feet from all property lines.
(D) Community centers, as a part of a multiple-family complex, provided:
(1) The term community center shall include meeting space, offices, bathrooms, indoor
pool, indoor recreational space, limited kitchen facilities, and related storage;
(2) The center is located within setbacks no less than any other structure permitted in the
district;
(3) The center does not exceed the height or size of the principal buildings(s); and

Ordinance No. 26Page 6 of 34
(4) The center complies with parking standards as set forth in §§ 153.345 through 153.351.
(E) Country clubs, golf courses, tennis clubs, and public swimming pools, provided:
(1) The principal structure shall be 100 feet or more from any abutting lot in an R District,
and accessory structures shall be a minimum of 50 feet from any lot line.
(F) Elderly community education center, provided:
(1) The use is located in a building that contains a civic or community center or a
multifamily elderly residential housing facility.
(G) Essential service structures and buildings:
(1) Including, but not limited to booster or pressure regulating stations, wells and pumping
stations, elevated tanks, lift stations, and electrical power substations; and
(2) Provided that no building shall be located within 50 feet of any property line abutting
a residential district.
(H) Farmers market, provided:
(1) Products are sold directly to consumers by local growers and producers.
(I) Gardening and other horticultural uses, provided:
(1) There are no sale of products on site.
(J) Home occupations as defined herein, provided:
(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) The property cannot be used as a meeting location for employees.
(K) Hospitals, provided:
(1) The site shall contain not less than 800 square feet of lot area for each person to be
accommodated; and
(2) The lot line is at least 50 feet from any R-1, R-2, or R-3 districts.
(L) Keeping of domestic animals, provided:
(1) The use must be for noncommercial purposes and for use of the occupants of the
premises; and
(2) Any necessary accessory building used for housing the animals shall be located not less
than 25 feet from any apartment, hotel, restaurant, boarding house, retail food store,

Ordinance No. 26Page 7 of 34
building used for school, religious or hospital purposes, or residence other than
occupied by the owner or occupant of the premises where the creatures are kept and
must be set back ten feet from any property line.
(M) Municipal buildings and structures, provided:
(1) The use may include storage of maintenance equipment and vehicles; and
(2) No building shall be located within 50 feet of any lot line abutting a residential district.
(N) Nursing homes and assisted living facilities, provided:
(1) All buildings must be at least 50 feet from any property line that abuts an R-1, R-2, or
R-3 District;
(2) The site shall contain not less than 1,000 square feet of lot area for each person to be
accommodated;
(3) All parking for facilities in this section shall comply with § 153.345 et seq.
(O) Off-street parking adjacent to a B or I zoning district, provided:
(1) All properties must be under the same ownership; and
(2) The parking complies with all conditions set forth in §§ 153.345 through 153.351.
(P) On-site residential housing for an educational facility, provided:
(1) The residential housing shall be an accessory use operated in conjunction with a
permitted principal use;
(2) Housing structures are limited to three stories in height;
(3) The number of on-site residents is limited to 200; and
(4) Housing structures must meet the building setback requirements from adjacent property
lines as outlined in § 153.128.
(Q) Private clubs and lodges, provided:
(1) All buildings are not less than 30 feet from any lot line abutting a residential district.
(R) Public and parochial schools, provided:
(1) No school building shall be located within 50 feet of any lot line abutting a residential
district; and
(2) Where a school has an open play area abutting a street, a fence shall be erected at least
15 feet from the street right-of-way.
(S) Solar carport, provided:
(1) The use is accessory to the principal use of the property;
(2) The structure does not exceed 50% of the respective parking area on which it is located;
and
(3) The structure otherwise complies with § 153.380.

Ordinance No. 26Page 8 of 34
(T) Temporary building located on site for purpose of construction, provided:
(1) The building remains on site for a period not to exceed the time necessary for the
construction.
(U) Temporary residential housing for the homeless, provided:
(1) The principal use of the site is not a single-family or two-family use;
(2) The use is accessory to the principal use on the site and is located within an existing
structure;
(3) The use is only operated from November 1 through May 1;
(4) The 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 use is operated by a Minnesota non-profit corporation that 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.
(V) Two-family dwellings, provided:
(1) The lot and yard requirements comply with the requirements of the R-2, Two Family
Residential zoning district § 153.098.
SECTION 5. REPEAL AND REPLACE. West St. Paul City Code Section 153.054 is hereby
repealed and replaced follows:
§ 153.054 RESERVED.
SECTION 6. REPEAL AND REPLACE. West St. Paul City Code Section 153.065 is hereby
repealed and replaced follows:
§ 153.065 RESERVED.
SECTION 7. REPEAL AND REPLACE. West St. Paul City Code Section 153.066 is hereby
repealed and replaced follows:
§ 153.066 RESERVED.

Ordinance No. 26Page 9 of 34
SECTION 8. REPEAL AND REPLACE. West St. Paul City Code Section 153.067 is hereby
repealed and replaced follows:
§ 153.067 RESERVED.
SECTION 9. REPEAL AND REPLACE. West St. Paul City Code Section 153.069 is hereby
repealed and replaced follows:
§ 153.069 RESERVED.
SECTION 10. REPEAL AND REPLACE. West St. Paul City Code Section 153.080 is hereby
repealed and replaced follows:
§ 153.080 RESERVED.
SECTION 11. REPEAL AND REPLACE. West St. Paul City Code Section 153.081 is hereby
repealed and replaced follows:
§ 153.081 RESERVED.
SECTION 12. REPEAL AND REPLACE. West St. Paul City Code Section 153.082 is hereby
repealed and replaced follows:
§ 153.082 RESERVED.
SECTION 13. REPEAL AND REPLACE. West St. Paul City Code Section 153.084 is hereby
repealed and replaced follows:
§ 153.084 RESERVED.
SECTION 14. REPEAL AND REPLACE. West St. Paul City Code Section 153.095 is hereby
repealed and replaced follows:
§ 153.095 RESERVED.
SECTION 15. REPEAL AND REPLACE. West St. Paul City Code Section 153.096 is hereby
repealed and replaced follows:
§ 153.096 RESERVED.
SECTION 16. REPEAL AND REPLACE. West St. Paul City Code Section 153.097 is hereby
repealed and replaced follows:
§ 153.097 RESERVED.

Ordinance No. 26Page 10 of 34
SECTION 17. REPEAL AND REPLACE. West St. Paul City Code Section 153.110 is hereby
repealed and replaced follows:
§ 153.110 RESERVED.
SECTION 18. REPEAL AND REPLACE. West St. Paul City Code Section 153.111 is hereby
repealed and replaced follows:
§ 153.111 RESERVED.
SECTION 19. REPEAL AND REPLACE. West St. Paul City Code Section 153.112 is hereby
repealed and replaced follows:
§ 153.112 RESERVED.
SECTION 20. REPEAL AND REPLACE. West St. Paul City Code Section 153.125 is hereby
repealed and replaced follows:
§ 153.125 RESERVED.
SECTION 21. REPEAL AND REPLACE. West St. Paul City Code Section 153.126 is hereby
repealed and replaced follows:
§ 153.126 RESERVED.
SECTION 22. REPEAL AND REPLACE. West St. Paul City Code Section 153.127 is hereby
repealed and replaced follows:
§ 153.127 RESERVED.
SECTION 23. REPEAL AND REPLACE. West St. Paul City Code Section 153.140 is hereby
repealed and replaced follows:
COMMERCIAL USE REGULATIONS
§ 153.140 PRINCIPAL USES IN COMMERCIAL AND MIXED-USE DISTRICTS.
(A) Table Key.
(1) P = Permitted use
(2) C = Conditional use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.

Ordinance No. 26Page 11 of 34
(C) Commercial and Mixed-Use Districts Uses.
Table 153.140
Primary Uses

B-1

B-2

B-3

B-4

B-5

B-6

P

C*

P
C*
P*
C
C*
C*
C*

C*
C*

C*

C*

C*

C*

C*

C*

C
C*

C
C*

C
C*
C*

C
C*

C*
C*

C*
C*

B-1

B-2

B-3

B-4

B-5

B-6

C*
C

C*
C*
C

C*
C

C*
C

C*

C*

C*

P

P
P

P
P
P

P
P
P

P
P

P
P

B-1

B-2

B-3

B-4

B-5

B-6

Related Sections
and Conditions

Automotive
Automobile accessory store
Automotive detailing
Boat and marine sales
Bus terminals
Car washes
Drive-through lane
Motor fuel station
Off-street parking adjacent to a B or I
zoning district
Private garage
Solar carport
Vehicle repair, minor
Civic, Educational, and
Institutional
Columbaria
Elderly community education center
Funeral homes and mortuary
Learning center, business, or trade
school
Library
Municipal office building
Post office
Hospitality, Food Service, and
Entertainment
Armory, convention hall, sports arena,
or stadium
Bakery
Banquet hall
Bingo hall
Candy, ice cream, popcorn, nuts,
frozen dessert, and soft drink shop
Commercial recreation facility, indoor
Delicatessen or meat market, but not
including processing for a locker
Golf course

C*

C*

C

§ 153.382
(C)
(H)

P*
C

§ 153.382
(M)
§ 153.382
(CC) and §§
153.345 - 153.351
(JJ) and § 153.380
(LL)
§ 153.382
Related Sections
and Conditions
(N)
(X)

Related Sections
and Conditions

C

P*

P*
C*
C*

P*
C*
C*

P

P

(D)
(F)
(G)

P*

P*

P*

P*

P*

(I)

C

C

P

P

P

P

P

P

P

Ordinance No. 26Page 12 of 34
Historical buildings, museums, art
institutes, galleries, and
playhouses/theaters
Hotels and motels
Movie theater
Outdoor seating
Private lodge and club, country club,
or fraternal organization
Restaurant, café, coffee shop, or tea
room
Swimming pool, public

P

P

P

C*

C*
C
C*

C
C*

C

C

C

P

P

P

P

P

P

P
C*

(Z)

C*

C*

(GG)

P*

P*

(KK)

Personal and Wellness Services

B-1

B-2

B-3

B-4

B-5

B-6

Adult daycare facility
Barbershop or hair salon
Dance studio
Health club, 4,000 square feet or less
Health club, more than 4,000 square
feet
Massage therapy and reflexology
services
Spa or tanning salon
Professional, Medical, and Office
Services
Alternative financial establishment
Bank
Cannabis event organizer
Electrical, heating, plumbing, or air
conditioning service shop
Licensed child daycare facility
Lock smith
Music studio
Newspaper and publishing office
Nonresidential program
Office, general
Office, medical

C*
P

C*
P

C*
P
P
P

C*
P
P
P

P
P*
P

P
P*
P

P

P

P

P

P

P

P

P

P

P

P

P

B-2

B-3

B-4

B-5

B-6

P
P*

C*
P
P*

P*

P*

C*

C*

P
P
P
P
P
P

P
P
P
P
C
P
P

P*

P*

P
C

P
C

P
C

P

P

P

P

P

P

P

P

B-1

P
P*

P

P

C*

C*

P
P

P
P

Pet care facility
Photography studio
Radio and television station or studio
Tailor or dry cleaner, including
incidental pressing and repair

P
C

Related Sections
and Conditions
(A)
(L)

Related Sections
and Conditions
(B)
(E)
(J)
(O)

P
P
P

P
P
P

P*
P

P*
P

(AA)

(BB)
(II) and §§
153.325 - 153.326

Ordinance No. 26Page 13 of 34
Tattoo, body piercing, or body art
establishment, except spa
establishments engaged solely in
cosmetic tattooing
Veterinary establishments
Residential

B-1

Any building over 35 feet in height
Mixed use residential/commercial
R-3 residential dwelling units
R-4 residential dwelling units

C

C

§ 111.06

C*

C*

C*

C*

C*

B-2

B-3

B-4

B-5

B-6

C
C

C
C

C
C

C
C
C

C

B-3

B-4

B-5

B-6

P

P

P

P

P

P

P

P

P

P

P
P
P

P
P
P

P
P
P

P

P

P

P

P

P

P

P

P

P

P

P

Cannabis retail business

C*

C*

C*

Clothing and shoe store
Department store
Discount store
Pharmacy
Fabric store, upholstery, or drapery
shop
Floral and gift shop
Furniture sales
Garden supply store
Grocery
Gun sales and repair
Hardware store
Hobby or craft store, including
handicraft classes
Jewelry sales and repair store
Laundromat, self-service type
Lower-potency hemp edible retailer,
non-specialty

P

P

P
P

P

P

Antique store
Appliance and electronics sale and
service
Art and school supply store
Art studio
Bicycle sales and repair
Book, office supply, and stationery
store
Camera and photography supply store

P

Related Sections
and Conditions

(K) and §§
115.02 - 115.024
P

P

P

C
P

P

P

P

P

P

P

P
P
P*
P

P
P
P*
P

P
P
P*
P

P

P

P
P
P*
P
C
P

P*

P*

(T)

P*

P*

P*

P*

P*

(U)

P
P

P
P

P
P

P

P

P

P

P

P

P

P

P

(PP)
Related Sections
and Conditions

C

B-2

Retail and Specialized Trade

B-1

C

(S)

§ 114.02

Ordinance No. 26Page 14 of 34
Lower-potency hemp edible retailer,
specialty
Music store
Off-sale liquor store
On-sale liquor establishment
Optical and jewelry service and sales
Outdoor display or storage
Pawnshop
Pipe and tobacco store
Printing and processing of film and
print
Sporting goods store
Stone and monument sales
Used merchandise store
Miscellaneous
Accessory structures other than
private garages
Essential service structures and
buildings
Newspaper and magazine stand
Radio or television tower
Satellite dish antenna greater than 79
inches in diameter
Small wireless facility located in the
right-of-way

C*

C*

C*

P
C
C

P
C
C
P
C*
P

P
C
C
P
C*
C*
P

P

P

P

P

P
C
C*

P

P

P*

P
C
P*

B-2

B-3

B-4

B-5

B-6

C

C

C

C

C

C*

C*

C*

C*

(P)

C
C*

P
C
C*

P
C
C*

P
C
C*

§ 153.396

P*

P*

P*

P*

§ 95.24

P
P

B-1

(Y) and § 114.02
P

P

C
P

C
(EE)
(HH)

(OO)
Related Sections
and Conditions

SECTION 24. REPEAL AND REPLACE. West St. Paul City Code Section 153.141 is hereby
repealed and replaced follows:
§ 153.141 ACCESSORY AND INTERIM USES IN COMMERCIAL AND MIXED-USE
DISTRICTS.
(A) Table Key.
(1) A = Permissible accessory use
(2) I = Permissible interim use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Commercial and Mixed-Use Districts Accessory and Interim Uses.
Table 153.141

Ordinance No. 26Page 15 of 34
Accessory and Interim Uses

B-2

B-3

B-4

B-5

B-6

Related Sections
and Conditions

A*

A*

A*

A*

A*

(V)

A*

A*

A*

A*

A*

A*

(MM)

I*

I*

I*

I*
I*
I*

I*

I*

(Q)
(R)
(W)

B-1

Accessory
Incidental repair, processing, or
storage
Temporary building located on site for
the purpose of construction
Interim
Farmers market
Food stand
Indoor sale of fireworks
Outdoor display of seasonal
merchandise
Outdoor sale of fireworks
Temporary residential housing for the
homeless

I*

I*

(DD)

I*

(FF)

I*

I*

I*

(NN)

SECTION 25. REPEAL AND REPLACE. West St. Paul City Code Section 153.142 is hereby
repealed and replaced follows:
§ 153.142 COMMERCIAL AND MIXED-USE STANDARDS.
(A) Adult daycare facility, provided:
(1) The facility is licensed by the State of Minnesota; and
(2) The lot is located at least 200 feet from Robert Street.
(B) Alternative financial establishment, provided:
(1) The establishment is located at least 800 feet, when measured in a straight line from
the building in which the establishment is located to the property line, from the
following:
(a) Alternative financial establishments,
(b) Pawnshops,
(c) Adult uses,
(d) Body art establishments,
(e) Bingo halls,
(f) Used merchandise stores, and
(g) Discount stores.
(2) The establishment does not use bars, chains or similar security devices that are visible
from the public street or sidewalk.
(C) Automotive detailing, provided:

Ordinance No. 26Page 16 of 34
(1) The building in which the use is located is setback a minimum of 400 feet from Robert
Street, and that the use does not front Robert Street.
(D) Bakery, provided:
(1) The use shall not include hemp or cannabis related items.
(E) Bank, provided:
(1) If the use is located in the B-5 or B-6 zoning districts, there shall be no drive-through.
(F) Banquet hall, provided:
(1) The use is accessory to a restaurant; and
(2) The building and/or any outdoor facilities shall be a minimum of 100 feet from
residentially zoned property.
(G) Bingo hall, provided:
(1) The establishment is located at least 600 feet, when measured in a straight line from
the building on which the establishment is located to the property line, from the
following:
(a) Residentially zoned property,
(b) Agricultural land in the neighboring city, which is designated in the
Comprehensive Plan for residential use,
(c) Licensed child daycare facilities,
(d) Schools as defined in § 115.02, and
(e) Churches.
(H) Boat and marine sales, provided:
(1) The use is conducted entirely within a building.
(I) Candy, ice cream, popcorn, nuts, frozen dessert, and soft drink shop, provided:
(1) The use shall not include hemp or cannabis related items, and
(2) The use shall not include a drive-through.
(J) Cannabis event organizer, except:
(1) Temporary cannabis events are not permitted in this district
(K) Cannabis retail business, provided:
(1) The establishment is located at least one-thousand feet, when measured in a straight
line from the building in which the establishment is located, to the property line of a
school as defined in Chapter 114.
(L) Dance studio, provided:
(1) If the use is located in the B-5 or B-6 districts, the use shall be less than 4,000 square
feet.
(M) Drive-through lane, provided:

Ordinance No. 26Page 17 of 34
(1) They are not permitted in a front yard or within the setback area from the front lot line,
(2) Stacking space of no less than 180 feet shall be provided to ensure that all vehicles
awaiting service shall be parked on the premises and do not interfere with other driving
areas, parking spaces, or sidewalks,
(3) Electronic speaker devices must not violate the noise pollution performance standards
set forth in this chapter,
(4) Screening of automobile headlights must be provided. Screening must be at least three
feet in height and fully opaque, consisting of a wall, fence, dense vegetation, berm or
grade change or similar screening as determined by the city, and
(5) A by-pass lane must be provided, allowing autos to exit the drive-through lane from
the stacking area.
(N) Elderly community education center, provided:
(1) The use is located in a building that contains a civic or community center or a
multifamily elderly residential housing facility.
(O) Electrical service, heating, plumbing, or air conditioning service shop, provided:
(1) The use does not employ more than six people in repair or processing.
(P) Essential service structures and buildings, provided:
(1) Including, but not limited to booster or pressure regulating stations, wells and pumping
stations, elevated tanks, lift stations, and electrical power substations.
(Q) Farmers market, provided:
(1) Products are sold directly to consumers by local growers and producers, and
(2) If the use is located in a B-3 or B-4 zoning district, the following requirements also
apply:
(a) The sales area shall be setback at least 300 feet from Robert Street right-of-way
and 150 feet back from any other street,
(b) The sales area shall not reduce the required supply of off-street parking below
the required number of spaces for the principal building and for the interim use,
and
(c) Off-street parking required for the sales area shall be one space per 150 square
feet of sales area.
(R) Food stand, provided:
(1) The use complies with all conditions outlined in § 153.172.
(2) This section does not apply to food stands that are part of city-sponsored events or
events lasting three days or less.
(S) Garden supply store, provided:
(1) The use is conducted entirely within an enclosed structure.
(T) Hardware store, provided:

Ordinance No. 26Page 18 of 34
(1) If the use is located in the B-5 or B-6 district, the use shall be less than 4,000 square
feet.
(U) Hobby or craft store, including handicraft classes, provided:
(1) The classes do not exceed ten students.
(V) Incidental repair, processing, or storage, provided:
(1) The repairs, processing, and/or storage is necessary to conduct a permitted principal
use, and
(2) The use shall not occupy more than 30% of the gross floor area of the principal
building, not to include processing or cultivation of cannabis and/or hemp-related
items.
(3) If the use is located in a B-4 zoning district any incidental repair or processing
necessary to conduct a permitted use shall not exceed 20% of the floor space of the
principal building.
(W) Indoor sale of fireworks, provided:
(1) The use is not in conjunction with an existing use, and
(2) The use complies with the National Fire Protection Association standards, as required
by the Fire Marshal.
(X) Learning center, business or trade school, provided:
(1) The use is conducted entirely within a building.
(Y) Lower-potency hemp edible retailer, specialty, provided:
(1) The establishment is located at least one-thousand feet, when measured in a straight
line from the building in which the establishment is located, to the property line of a
school as defined in Chapter 114.
(Z) Motels and hotels, provided:
(1) The site contains at least 600 square feet of area per unit.
(AA) Music studio, provided:
(1) No retail sales are made, unless the products are manufactured on site.
(BB) Office, general, provided:
(1) The number of employees shall not exceed 25 if located in the B-5 or B-6 zoning
districts, and
(2) There are no retail sales or warehousing on the site if located in the B-5 or B-6 zoning
districts.
(CC) Off-street parking adjacent to a B or I zoning district, provided:
(1) All properties must be in the same ownership; and
(2) The parking complies with all conditions set forth in §§ 153.345 through 153.351.
(DD) Outdoor display of seasonal merchandise, provided:

Ordinance No. 26Page 19 of 34
(1) The use complies with all conditions outlined in § 153.172, and
(2) The applicant sells the items displayed within its own store located on the property.
(EE) Outdoor display or storage, provided:
(1) The use is accessory to a building or hardware store, and all outdoor display and storage
are contained within an enclosure.
(FF) Outdoor sale of fireworks, provided:
(1) The use complies with the conditions outlined in § 153.172 as well as the National Fire
Protection Association standards, as required by the Fire Marshal.
(GG) Outdoor seating, provided:
(1) Seating areas shall be shown on a seating plan, identifying the number of tables and
chairs and their approximate location,
(2) Seating areas shall be located on private property,
(3) Seating areas shall not obstruct required access, entrances, or exits,
(4) A minimum of a four-foot walkway shall be provided between tables,
(5) If the principal use abuts a residential zoning district, outdoor electronic speaker
devices shall not be operated between 9:00 p.m. and 7:00 a.m.
(a) For all other zoning districts, outdoor electronic speaker devices shall not be
operated between 10:00 p.m. and 7:00 a.m.
(6) Tables and chairs shall be maintenance free furniture that enhances the appearance of
the business,
(7) No food or beverages shall be served outside of the seating area,
(8) Lighting shall only illuminate the seating area. Lighting levels must not exceed zero
foot-candles at the abutting property line; and
(9) All tables and chairs shall be kept in a clean and sanitary manner. Outdoor trash
receptacles shall be provided.
(10) For outdoor seating areas for up to eight seats:
(a) No tables, chairs or other furnishings shall remain in the seating area when the
business is closed,
(b) No additional parking spaces shall be required, and
(c) No alcoholic beverages shall be served in the seating area, except for nonfortified wine.
(11) For outdoor seating areas for more than eight seats:
(a) The seating area shall be enclosed by approved landscaping and fencing,
(b) The outdoor seating area shall be entered only through the principal building.
There shall be no exit gates from the outdoor seating area unless required by the
Building Code,

Ordinance No. 26Page 20 of 34
(c) In addition to the required number of parking spaces pursuant to the principal
use, additional parking shall be required at a ratio of one parking space for every
four seats in the outdoor seating area, and
(d) Signage shall be posted that prohibits the consumption of alcohol outside of the
seating area.
(HH) Pawnshop, provided:
(1) The establishment is located at least 800 feet, when measured in a straight line from
the building on which the establishment is located to the property line, from the
following:
(a) Residentially zoned property,
(b) Agricultural land in a neighboring city, which is designated in the
Comprehensive Plan for residential use,
(c) Licensed child daycare facilities,
(d) Schools as defined in § 115.02,
(e) Churches, and
(f) Pawnshops.
(II) Pet care facility, provided:
(1) The operation shall not include the boarding of domestic animals on the site,
maintaining pens or cages outside of the building, or operating so as to cause an
offensive odor or noise.
(JJ) Private garages in the B-5 and B-6 zoning districts, provided:
(1) Principal use of the property is mixed-use,
(2) Property includes owner-occupied residential unit, and
(3) The structure meets the provisions of § 153.380. In addition, metal framing and metal
roofing are not allowed.
(KK) Restaurant, café, coffee shop, or tea-room, provided:
(1) The use does not include a drive-through if located in the B-5 or B-6 zoning districts.
(LL) Solar carport, provided:
(1) The use is accessory to the principal use of the property,
(2) The structure does not exceed 50% of the respective parking area on which it is located,
and
(3) The structure otherwise complies with § 153.380.
(MM) Temporary building located on site for purpose of construction, provided:
(1) The building remains on site for a period not to exceed the time necessary for the
construction.
(NN) Temporary residential housing for the homeless, provided:

Ordinance No. 26Page 21 of 34
(1) The use complies with the conditions outlined in § 153.054 (A), and
(2) That the principal use on the site is not a single family, business, or commercial use.
(OO) Used merchandise store, provided:
(1) When in the B-2 and B-3 zoning districts:
(a) The floor area for the use shall be no greater than 5,000 square feet.
(b) The transfer or sale of merchandise is conducted entirely inside the building, and
(c) There is no outdoor storage of any kind.
(PP) Veterinary establishment, provided:
(1) Services are limited to domestic animals and conducted entirely within a building.
SECTION 26. REPEAL AND REPLACE. West St. Paul City Code Section 153.143 is hereby
repealed and replaced follows:
§ 153.143 RESERVED.
SECTION 27. REPEAL AND REPLACE. West St. Paul City Code Section 153.155 is hereby
repealed and replaced follows:
§ 153.155 RESERVED.
SECTION 28. REPEAL AND REPLACE. West St. Paul City Code Section 153.156 is hereby
repealed and replaced follows:
§ 153.156 RESERVED.
SECTION 29. REPEAL AND REPLACE. West St. Paul City Code Section 153.158 is hereby
repealed and replaced follows:
§ 153.158 RESERVED.
SECTION 30. REPEAL AND REPLACE. West St. Paul City Code Section 153.170 is hereby
repealed and replaced follows:
§ 153.170 RESERVED.
SECTION 31. REPEAL AND REPLACE. West St. Paul City Code Section 153.171 is hereby
repealed and replaced follows:
§ 153.171 RESERVED.

Ordinance No. 26Page 22 of 34
SECTION 32. REPEAL AND REPLACE. West St. Paul City Code Section 153.172 is hereby
repealed and replaced follows:
§ 153.172 RESERVED.
SECTION 33. REPEAL AND REPLACE. West St. Paul City Code Section 153.173 is hereby
repealed and replaced follows:
§ 153.173 RESERVED.
SECTION 34. REPEAL AND REPLACE. West St. Paul City Code Section 153.187 is hereby
repealed and replaced follows:
§ 153.187 RESERVED.
SECTION 35. REPEAL AND REPLACE. West St. Paul City Code Section 153.188 is hereby
repealed and replaced follows:
§ 153.188 RESERVED.
SECTION 36. REPEAL AND REPLACE. West St. Paul City Code Section 153.189 is hereby
repealed and replaced follows:
§ 153.189 RESERVED.
SECTION 37. REPEAL AND REPLACE. West St. Paul City Code Section 153.190 is hereby
repealed and replaced follows:
§ 153.190 RESERVED.
SECTION 38. REPEAL AND REPLACE. West St. Paul City Code Section 153.205 is hereby
repealed and replaced follows:
§ 153.205 RESERVED.
SECTION 39. REPEAL AND REPLACE. West St. Paul City Code Section 153.206 is hereby
repealed and replaced follows:
§ 153.206 RESERVED.
SECTION 40. REPEAL AND REPLACE. West St. Paul City Code Section 153.207 is hereby
repealed and replaced follows:
§ 153.207 RESERVED.

Ordinance No. 26Page 23 of 34
SECTION 41. REPEAL AND REPLACE. West St. Paul City Code Section 153.208 is hereby
repealed and replaced follows:
§ 153.208 RESERVED.
SECTION 42. REPEAL AND REPLACE. West St. Paul City Code Section 153.220 is hereby
repealed and replaced follows:
§ 153.220 RESERVED.
SECTION 43. REPEAL AND REPLACE. West St. Paul City Code Section 153.221 is hereby
repealed and replaced follows:
§ 153.221 RESERVED.
SECTION 44. REPEAL AND REPLACE. West St. Paul City Code Section 153.222 is hereby
repealed and replaced follows:
§ 153.222 RESERVED.
SECTION 45. REPEAL AND REPLACE. West St. Paul City Code Section 153.223 is hereby
repealed and replaced follows:
§ 153.223 RESERVED.
SECTION 46. REPEAL AND REPLACE. West St. Paul City Code Section 153.235 is hereby
repealed and replaced follows:
INDUSTRIAL USE REGULATIONS
§ 153.235 PRINCIPAL USES IN INDUSTRIAL DISTRICTS.
(A) Table Key.
(1) P = Permitted use
(2) C = Conditional use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Industrial Districts Uses.
Table 153.235
Primary Uses

I-1

I-2

Related Sections and
Conditions

Ordinance No. 26Page 24 of 34
Processing, fabrication, storage, manufacturing, wholesaling, or providing a service involving any
of the following products, articles, or uses:
Apparel, canvas products, and footwear
P
P
Appliances for heating, washing, cooling, or
P
P
drying
Artificial limbs
P
P
Bakery goods
P
P
Batteries
P
P
Bicycles and toys
P
P
Boats
P
P
Cabinet shop
P
P
Ceramic products
P*
P*
(G)
Cigarettes and tobacco products
P
P
Clocks, watches, and jewelry
P
P
Cork and cork products
P
P
Drugs, cosmetics, pharmaceutical, and toiletries
P
P
Electric motors, generators, transformers, and
P
other electric components
Engraving and printing
P
P
Furniture and office equipment
P
P
Ice, cold storage plants, and bottling works
P
P
Laundries
P
P
Machine shop
P
P
Metal polishing and plating
P
Monument works
P
Musical instruments
P
P
Paint manufacturing
P
Paper products from processed paper
P
P
Processing of manufactured food
P
P
Research laboratory
P
P
Rubber and synthetic rubber products
P
P
Sheet metal work, ornamental iron, stamping,
P
and welding
Sporting equipment
P
P
Tools, hardware, and small metal products
P
P
Water softening units
P
P
Accessory structures
C
C
Adult daycare facility that is state licensed
C*
C*
Airports and truck and freight terminal
C
Bingo hall
C*
C*
(A)
Bus terminals and maintenance garage
P
P
Cannabis cultivator or manufacturer
C*
C*
(B)
Cannabis lounge
C*
C*
(D)

Ordinance No. 26Page 25 of 34
Cannabis mezzo and microbusiness
Cannabis testing facility
Cannabis wholesaler
Car wash
Chemical dependency treatment facility serving up
to 16 persons
Data center
Dog training facility
Early childhood learning center
Essential service structures
Hospitals
Learning center, business or trade school
Lower-potency hemp edible manufacturer
Medical or dental laboratory
Motor fuel station
Motor vehicle sales and rentals
Office
Open storage
Pawnshop
Pet care facility
Pyrotechnic special effects material storage
Radio and television repair
Radio or television transmission towers
Satellite dish antenna greater than 39 inches in
diameter
Sexually-oriented establishment
Small wireless facilities
Solar carport
Sports arena or facility
Stone and monument sales
Storage facility
Tattoo, body piercing, or body art establishment,
except spas engaged solely in cosmetic tattooing
Use or storage of materials that explode
Vehicle repair, minor or major
Veterinary establishment
Warehousing

C*
C
C*
P

C*
C
C*
P

(E)

C*

C*

(H)
(I)
(J)

C
C
C*
C*
P
P
C*
P*
C*
C*
P
C*
P
C

C*
C*
C
C
C
C*
C*
P
P
C*
P*
C*
C*
P
C*
P
C

C*

C*

§ 153.396

C*
P*
C*
P
C*

C*
P*
C*
P
C*
C

§§ 153.455 - 153.459
§§ 95.15 - 95.24
(R)

C*

C*

(S) and § 111.06

C*
P
P*
P

C*
P
P*
P

(T)
§ 153.382
(U)

C*

(F)
§ 153.382

(K)
(L)
§ 153.382
(M) and § 153.382
(N)
(O)
(P)
(Q)

SECTION 47. REPEAL AND REPLACE. West St. Paul City Code Section 153.236 is hereby
repealed and replaced follows:
§ 153.236 ACCESSORY USES IN INDUSTRIAL DISTRICTS.
(A) Table Key.

Ordinance No. 26Page 26 of 34
(1) A = Permissible accessory use
(2) I = Permissible interim use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Industrial Districts Accessory Uses.
Table 153.236
Accessory Uses

I-1

I-2

Off-street parking and loading
Residential structures and related residential uses
necessary for security and safety reasons in relation
to a principal use
Cannabis delivery and transporter services

A*

A*

A

A

A*

A*

Related Sections and
Conditions
§§ 153.345 -153.351

(C)

SECTION 48. REPEAL AND REPLACE. West St. Paul City Code Section 153.237 is hereby
repealed and replaced follows:
§ 153.237 INDUSTRIAL USE STANDARDS.
(A) Bingo hall, provided:
(1) That the establishment is located at least 600 feet when measured in a straight line from
the building on which the establishment is located, to the property line from the
following:
(a) Residentially zoned property,
(b) Agricultural land located in the neighboring city which is designated in the
Comprehensive Plan for residential use,
(c) Licensed child daycare facilities,
(d) Schools as defined in § 115.02, and
(e) Churches.
(B) Cannabis cultivator or manufacturer, provided:
(1) All cultivation and/or manufacturing is located inside the primary building and does
not exceed 15,000 square feet of floor area, and
(2) There is no outdoor storage of product or materials.
(C) Cannabis delivery and transporter services, provided:
(1) There is no outdoor storage of product or materials.
(D) Cannabis lounge, provided:

Ordinance No. 26Page 27 of 34
(1) The cannabis lounge is an accessory use to a licensed and registered microbusiness,
and
(2) The establishment is located at least 1,000 feet, when measured in a straight line from
the building in which the establishment is located to the property line of a school as
defined in § 115.02.
(E) Cannabis mezzo and microbusiness, provided:
(1) Retail sales must be limited to an accessory use, and
(2) If the site includes any retail sales, the establishment is located at least 1,000 feet, when
measured in a straight line from the building in which the establishment is located to
the property line, of a school as defined in Chapter 114.
(F) Cannabis wholesaler, provided:
(1) There is no outdoor storage of product or materials.
(G) Ceramic products, provided:
(1) Products are made only using kilns fired by electricity or gas.
(H) Chemical dependency treatment facility serving up to 16 persons, provided:
(1) The facility may not be located in a duplex or multi-family dwelling unless it occupies
the entire structure, and
(2) The facility shall be located at least 600 feet, when measured in a straight line from the
property line in which the facility is located to the property line of the following:
(a) Licensed child daycare facilities,
(b) Schools as defined in § 115.02, and
(c) Single-family and two-family uses.
(I) Data center, provided:
(1) The facility shall be located at least 300 feet from property zoned or used as residential,
when measured in a straight line from the building in which the establishment is located
to the property line, and
(2) All outdoor equipment that serves the data center, including but not limited to
mechanical equipment and generators, must be fully screened from view and shall not
be located closer to any property line adjacent to a public street than the principal
building.
(J) Dog training facility, provided:
(1) The facility shall be set back at least 500 feet from residentially zoned property, as
measured in a straight line from the nearest edge of the outdoor training area to the
property line of residentially zoned property,
(2) Outdoor training facilities shall include an enclosed building with restrooms,
(3) The outdoor area to be used for the dog training facility shall be completely enclosed
with a fence that is at least four feet in height,

Ordinance No. 26Page 28 of 34
(4) Adequate off-street parking shall be provided, as determined by the Zoning
Administrator,
(5) Outdoor areas shall be maintained in a clean and sanitary condition at all times, and
solid waste material shall be removed at least daily and disposed of in a sanitary
manner,
(6) Lighting shall not exceed zero foot-candles at abutting property lines,
(7) The facility shall not operate between 10:00 p.m. and 7:00 a.m.,
(8) No dogs shall remain unattended in outdoor areas,
(9) No permanent outdoor pens are allowed, with the exception of a separate outdoor relief
area,
(10) A maximum ratio of one person to four dogs is allowed in the outdoor areas at any
given time,
(K) Learning center, business or trade school, provided:
(1) The use is conducted entirely within a building.
(L) Lower-potency hemp edible manufacturer, provided:
(1) All cultivation and/or manufacturing is located inside the primary building and does
not exceed 15,000 square feet of floor area, and
(2) There is no outdoor storage of product or materials.
(M) Motor vehicle sales and rental, provided:
(1) Display and storage is entirely within a building.
(N) Office, provided:
(1) The office is accessory to a principal use and shall not be the primary use by itself.
(O) Open storage, provided:
(1) Storage is accessory to the principal use conducted within a building, and shall not be
a principal use by itself such as junk yards or contractors’ storage yards,
(2) Storage is limited to an area not larger than 50% of the ground coverage of the principal
building,
(3) Storage is located behind the principal building and not in side or front yard areas and
not abutting a public street,
(4) Storage area is surfaced with concrete or asphalt, and
(5) Storage area is fully screened by a privacy fence or landscaping that is at least 95%
opaque throughout the year.
(P) Pawnshop, provided:
(1) The establishment is located at least 800 feet when measured in a straight line from the
building on which the establishment is located, to the property line from the following:
(d) Residentially zoned property,

Ordinance No. 26Page 29 of 34
(e) Agricultural land located in the neighboring city which is designated in the
Comprehensive Plan for residential use,
(f) Licensed child daycare facilities,
(g) Schools as defined in § 115.02,
(h) Churches, and
(i) Other pawnshops.
(Q) Pyrotechnic special effects material storage, provided:
(1) Materials weigh between 125 and 250 pounds,
(2) Materials must be stored in a building that has automatic sprinklers, and
(3) The weight of materials shall be determined by the standards set forth by the National
Fire Protection Association.
(R) Solar carport, provided:
(1) The use is accessory to the principal use of the property,
(2) The structure does not exceed 50% of the respective parking area on which it is located,
and
(3) The structure otherwise complies with § 153.380.
(S) Tattoo, body piercing or body art establishment, except spa establishments engaged solely in
cosmetic tattooing as defined in § 111.06, provided:
(1) The use is located at least 800 feet, when measured in a straight line from the building
in which the establishment is located to the property line, from the following:
(j) Residentially zoned property,
(k) Agricultural land located in the neighboring city which is designated in the
Comprehensive Plan for residential use,
(l) Licensed child daycare facilities,
(m) Schools as defined in § 115.02,
(n) Churches, and
(o) Tattoo, body piercing or body art establishments.
(T) Use or storage of materials that explode, provided:
(1) The use or storage of materials must otherwise be a permitted use.
(U) Veterinary establishment, provided:
(1) The use is limited to domestic animals and is conducted entirely within a building.
SECTION 49. REPEAL AND REPLACE. West St. Paul City Code Section 153.250 is hereby
repealed and replaced follows:
§ 153.250 RESERVED.

Ordinance No. 26Page 30 of 34
SECTION 50. REPEAL AND REPLACE. West St. Paul City Code Section 153.251 is hereby
repealed and replaced follows:
§ 153.251 RESERVED.
SECTION 51. REPEAL AND REPLACE. West St. Paul City Code Section 153.252 is hereby
repealed and replaced follows:
§ 153.252 RESERVED.
SECTION 52. REPEAL AND REPLACE. West St. Paul City Code Section 153.265 is hereby
repealed and replaced follows:
CONSERVANCY USE REGULATIONS
§ 153.265 PRINCIPAL USES IN THE CONSERVANCY DISTRICT.
(A) Table Key.
(1) P = Permitted use
(2) C = Conditional use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Conservancy District Uses.
Table 153.265
Primary Uses
Agriculture uses including barns, animal
stables, or other similar structures
Building or structure over 45 feet in height
Classroom buildings
Educational farm
Environmental education center
Essential service structures
Greenhouse or similar horticultural structure
Horticulture, nurseries, and farm crops
Maintenance and storage buildings
Nature preserve
Office buildings of general nature
Open storage of farm equipment or machinery
Playground
Stands for the sale of agricultural products

C

Related Sections and Conditions

C*

(A)

C
C
C
C
P*
P
P
C*
P
C*
C*
P
P*

§ 153.009

(B)

(E)
(F)
(G)
(I)

Ordinance No. 26Page 31 of 34
Trails and related trail structures, such as
bridges and boardwalks
Unsurfaced driveways and parking surfaces
Wind turbine

P
C*
C*

(L)
(M)

SECTION 53. REPEAL AND REPLACE. West St. Paul City Code Section 153.266 is hereby
repealed and replaced follows:
§ 153.266 ACCESSORY USES IN THE CONSERVANCY DISTRICT.
(A) Table Key.
(1) A = Permissible accessory use
(2) I = Permissible interim use
(3) * = Use with additional standards or conditions
(B) Prohibited Uses. Uses not associated with a letter in the zoning district column are prohibited
uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
(C) Conservancy District Accessory Uses.
Table 153.266
Accessory Uses

C

Related Sections and Conditions

Fences
Garages, off-street parking, and loading
Incidental repair or processing necessary to
conduct a permitted principal use
Limited retail sales of merchandise and food
consistent with principal uses
Residential structures and related residential
uses
Satellite dish antennas greater than 39 inches
in diameter
Storage buildings
Temporary buildings for purposes of
construction
The keeping of animals
Windmills

A*
A*

(C)
(D)

A
A
A*

(H)

A*

§ 153.396

A
A*

(J)

A*
A*

(K)
(N)

SECTION 54. REPEAL AND REPLACE. West St. Paul City Code Section 153.267 is hereby
repealed and replaced follows:
§ 153.267 CONSERVANCY USE STANDARDS.
(A) Agriculture uses including barns, animal stables, or other similar structures, provided:

Ordinance No. 26Page 32 of 34
(1) The structures include limitations established by the City Council as are consistent with
a nature preserve or an educational farm.
(B) Essential service structures, including but not limited to:
(1) Buildings such as a maple syrup building, agricultural aviary, corncribs, or vegetable
cellar.
(C) Fences, provided:
(1) They dot to exceed nine feet in height and meet all setback requirements.
(D) Garages, off-street parking, and loading, provided:
(1) It is consistent with the use of the structures or facilities for which the parking is
intended.
(E) Maintenance and storage buildings, provided:
(1) The buildings are used as storage for maintenance equipment such as tractors and
trucks,
(2) The buildings are not larger than 1,500 square feet, and
(3) The buildings are not located within 100 feet of any property line of an abutting
property.
(F) Office buildings of general nature, provided:
(1) The normal employment or occupancy within the building does not exceed 25 persons,
and
(2) The operations are restricted to employees or volunteers of the organization.
(G) Open storage of farm equipment and machinery, provided:
(1) The storage shall not be within 300 feet of a public street.
(H) Residential structures and related residential uses, provided:
(1) The use is necessary for security and safety reasons in relation to a principal use.
(I) Stands for the sale of agricultural products, provided:
(1) The products are raised on the premises.
(J) Temporary buildings for purposes of construction, provided:
(1) The buildings are located on the premises for a period not to exceed time necessary to
complete the construction.
(K) The keeping of animals, provided:
(1) The animals are farm animals, domestic animals, or wild animals that are native to
Minnesota, are kept for educational purposes, and
(2) Any accessory building used for housing the animals shall be located not less than 100
feet from the nearest lot line.
(L) Unsurfaced driveways and parking surfaces, provided:

Ordinance No. 26Page 33 of 34
(1) Aggregate parking spaces within the district shall comply with the requirements of
§§ 153.345 through 153.351, and
(2) Parking setback requirements shall be consistent with the requirements in the B-2
District.
(M) Wind turbines, provided:
(1) The wind turbines have a combined nameplate capacity of less than 40 kilowatts,
(2) The height shall not exceed 140 feet as measured from the ground to the top of the
tower, the top of the rotor, the top of the blade or the top of any other part of the wind
turbine, whichever is highest,
(3) The wind turbine shall be set back from all property lines, structures, roads, pathways,
and rights-of-way by a distance that is at least 1.1 times the height of the wind turbine
as measured from the ground level to the top of the tower, top of the rotor, top of the
blade or the top of any other part of the wind turbine, whichever is highest. This setback
may be reduced to a distance agreed upon as part of the conditional use permit if the
applicant furnishes a registered engineer’s certification that the wind turbine is
designed to collapse, fall, curl, or bend within a distance or zone shorter than the height
of the wind turbine.
(4) The wind turbine must be operated and maintained so that it complies with the noise
pollution standards of the State Pollution Control Agency
(5) The wind turbine must be protected against trespassing to prevent unauthorized
climbing,
(6) The wind turbine must be designed and installed to withstand natural lightning strikes,
(7) The wind turbine’s electrical equipment and connections must adhere to all state and
federal rules, regulations, and standards,
(8) The safety design of all wind turbines must be certified by the manufacturer’s engineer
or a certified state professional engineer,
(9) The wind turbine must be in compliance with all Federal Aviation Administration
regulations, including lighting and marking regulations, and shall comply with the
notification requirements of the Federal Aviation Administration,
(10) The wind turbine’s blades must be a minimum of 12 feet above ground level,
(11) All wind turbines shall be designed and constructed in accordance with all applicable
state and federal regulations, and
(12) No more than one wind turbine may be located on any one lot.
(N) Windmills, provided:
(1) The structure does not exceed 50 feet in height, and
(2) The structure is located a minimum of 200 feet from the nearest lot line.

Ordinance No. 26Page 34 of 34
SECTION 55. SUMMARY PUBLICATION. Pursuant to Minnesota Statute Section 412.191, in
the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance
is available without cost at the office of the City Clerk, the following summary is approved by the
City Council and shall be published in lieu of publishing the entire ordinance:
This ordinance amends or repeals and replaces multiple sections of the zoning code,
updates or adds new definitions, and changes the listed uses in each zoning district from a
numbered list to tables for residential, commercial, mixed-use, industrial, and conservancy district
related uses.
SECTION 56. EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed by the City Council of the City of West St. Paul Minnesota this 13th day of July 2026.
Attest:

David J. Napier, Mayor

Elke Johnson, City Clerk

Planning Commission Report
To:

Planning Commission

Through:

Ben Boike, Community Development Director

From:

Melissa Houtsma, City Planner

Date:

June 16 , 2026

Outdoor

Seating

Zoning Code Regulations

BACKGROUND:
At the May 19th meeting, the planning commission discussed whether the city's outdoor
seating area regulations should be amended. That discussion followed a prior meeting at
which staff presented a peer-city survey of 13 metro-area communities. The commission
did not reach a clear consensus on whether changes were warranted or what direction to
pursue. Staff is bringing this item back for further discussion and to provide a formal
recommendation.
Commission Identified Concerns

Enclosure Requirement. The requirement that outdoor seating areas be enclosed serves
practical law enforcement and public safety purposes. A formal, enclosed perimeter helps
contain activity within specific area, it also helps to clearly delineate, for both enforcement
staff as well as patrons, where the on-sale service is occurring. This also directly supports
the liquor licensing process, which requires that any on-sale service area be clearly defined,
and “compact and contiguous” per Minnesota Statute. Relaxing this requirement in the
zoning code would undermine that definition and create inconsistency between what
zoning allows and what the liquor license process requires.

Building Entry Requirement. Requiring patio access through the principal building is the
preferred standard, particularly for new construction, because it ensures the patio functions
as a thoughtfully connected part of the overall restaurant rather than as a separate
outdoor area. Emergency egress gates are still required to meet building code, but the
primary entrance through the building supports both operational control and safety. Staff
acknowledges this can create practical challenges when retrofitting patios to existing
buildings. However, the most recent outdoor seating application is a good example of how
the current code handles that situation. Staff was able to work with the applicant to find a
format that satisfied zoning, met building code requirements, and allowed the applicant an
alternative for the patio that avoided more substantial building alterations.
Staff believes that this outcome was possible because of the relative flexibility allowed by
the current code language, allowing the ability to work through site-specific challenges

without abandoning the underlying standard. A more loosely written code provision would
not necessarily have produced a better result for that applicant, and could unintentionally
make it harder to maintain consistent standards on future applications.
STAFF RECOMMENDATION:
Staff recommends NO AMENDMENT to the outdoor seating regulations in the zoning
code at this time.
The peer-city survey shows a wide range of approaches across the region:
•

Some cities address outdoor patios exclusively through liquor licensing with no
zoning code language at all (Columbia Heights, Falcon Heights, Hopkins, and St.
Paul)

•

Some cities allow outdoor seating as a permitted accessory use with minimal or
no specific standards (Richfield and Maplewood)

•

Some cities include specific performance standards addressing hours of
operation, setbacks from residential uses, noise, and screening (North St. Paul,
Roseville, St. Louis Park, and Bloomington)

•

Some cities use an administrative review or permit process (South St. Paul and
Golden Valley)

Based on the wide variety and level of regulatory controls, there is no clear regional
standard that points toward a strong need to change West St. Paul's approach. The
current regulations give staff an appropriate level of flexibility to uphold the intent of
the code while still accommodating what building code requires. The conditional use
permit process allows requirements to be tailored to the specific conditions of each
property. Amending the code risks trading that flexibility for prescriptive language that
likely would work well in some situations, but poorly in others.
If the commission wishes to pursue an amendment despite staff's recommendation,
staff asks that the commission provide clear direction on the specific changes desired
so that any draft language reflects the commission's intent.

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