ADU, Duplex Conversion, and Off-Street Parking Rules for Landlords in St. Paul, Minnesota

Introduction

In St. Paul, Minnesota, independent residential landlords must navigate a complex set of zoning and property management rules to ensure their properties comply with local laws. This guide provides a comprehensive overview of the regulations governing ADUs, duplex conversions, and off-street parking in St. Paul.

Permitting, Zoning, or Statutory Basis

ADU Regulations

Zoning Districts and Requirements:

• Residential Zoning Districts: ADUs are typically allowed in residential zoning districts, such as R1 (Single-Family Residential), R2 (Multi-Family Residential), and R3 (High-Density Multi-Family Residential).
• Multifamily District Share: For ADUs in R2 and R3 districts, the multifamily district share must be adhered to. This means that if an ADU is located within a multifamily district, it must not exceed the allowable number of units as specified by the zoning code.

Planning Commission Approval:

• Approval Process: ADUs require approval from the City of St. Paul’s Planning Commission. Landlords must submit a complete application, including site plans and architectural drawings, to the Planning Commission.
• Approval Criteria: The Planning Commission will evaluate whether the ADU meets all zoning and development standards, including building codes, setbacks, and compatibility with surrounding properties.

Duplex Conversion Regulations

Zoning Districts:

• R2 and R3 Districts: Duplex conversions are generally allowed in R2 (Multi-Family Residential) and R3 (High-Density Multi-Family Residential) districts.

Building Code Compliance:

• Structural Integrity: Landlords must ensure that the existing structure can safely accommodate an additional unit. This may require structural inspections and modifications to meet building codes.

Planning Commission Approval:

• Approval Process: Duplex conversions also require approval from the Planning Commission. Landlords must submit a complete application, including site plans and architectural drawings, to the Planning Commission.
• Approval Criteria: The Planning Commission will evaluate whether the duplex conversion meets all zoning and development standards, including building codes, setbacks, and compatibility with surrounding properties.

Off-Street Parking Requirements

Parking Standards:

• Minimum Parking Requirement: St. Paul has specific minimum parking requirements for residential properties, including ADUs and duplexes. These requirements are based on the number of units in the property.
• Off-Street Parking: Landlords must provide off-street parking for residents and guests. This can include garages, driveways, or designated parking areas.

Zoning Districts:

• R1 Districts: In R1 districts, the minimum parking requirement is typically one space per unit.
• R2 and R3 Districts: In R2 and R3 districts, the minimum parking requirement is typically one space per unit, but this can vary depending on the specific zoning code.

Planning Commission Approval:

• Approval Process: Landlords must submit a complete application, including site plans and architectural drawings, to the Planning Commission if they are seeking to increase parking requirements.
• Approval Criteria: The Planning Commission will evaluate whether the proposed parking arrangement meets all zoning and development standards, including building codes, setbacks, and compatibility with surrounding properties.

Lease Clauses, Notice Periods, and Timing Requirements

Lease Clauses for ADUs and Duplexes

Security Deposit Clause:

• Limitations: Landlords must adhere to state laws regarding security deposit limits and accounting. In Michigan, the maximum allowable security deposit is 2 months’ rent for a single-family property and 3 months’ rent for a multifamily property. Landlords must provide a detailed accounting of security deposit usage within 30 days of the tenant’s move-out.

Repairs Clause:

• Responsibility: Landlords are responsible for maintaining the property in good repair, including any improvements made to accommodate an ADU or duplex conversion. Landlords must provide tenants with a list of all repairs made during the tenancy and ensure that any necessary repairs are completed before the tenant moves out.

Eviction Clause:

• Notice Period: Landlords must provide tenants with a 30-day notice of eviction if they are seeking to terminate the lease. The notice must specify the reason for eviction and provide a reasonable opportunity for the tenant to remedy any violations of lease terms.

Notice Periods and Timing Requirements

Notice Period for Lease Termination:

• 30-Day Notice: Landlords must provide tenants with a 30-day notice of eviction if they are seeking to terminate the lease. The notice must specify the reason for eviction and provide a reasonable opportunity for the tenant to remedy any violations of lease terms.

Notice Period for Maintenance Requests:

• 7-Day Notice: Landlords must provide tenants with a 7-day notice of any necessary maintenance or repairs. The notice must specify the nature of the work and provide a reasonable opportunity for the tenant to address any concerns.

Notice Period for Security Deposit Refund:

• 30-Day Notice: Landlords must provide tenants with a 30-day notice of security deposit refund if they are seeking to return any remaining funds. The notice must specify the amount being refunded and provide a detailed accounting of security deposit usage.

Defensible Record-Keeping & Compliance Checklist

ADU and Duplex Conversion Compliance

1. Obtain Planning Commission Approval: Landlords must obtain approval from the City of St. Paul’s Planning Commission before constructing an ADU or duplex conversion.
2. Adhere to Zoning Regulations: Landlords must adhere to all zoning regulations, including multifamily district share and building code compliance.
3. Provide Off-Street Parking: Landlords must provide off-street parking for residents and guests.
4. Maintain Property in Good Repair: Landlords are responsible for maintaining the property in good repair, including any improvements made to accommodate an ADU or duplex conversion.
5. Provide Security Deposit Accounting: Landlords must provide a detailed accounting of security deposit usage within 30 days of the tenant’s move-out.

Off-Street Parking Compliance

1. Adhere to Minimum Parking Requirements: Landlords must adhere to the minimum parking requirements based on the number of units in the property.
2. Provide Off-Street Parking: Landlords must provide off-street parking for residents and guests.
3. Maintain Property in Good Repair: Landlords are responsible for maintaining the property in good repair, including any necessary repairs to ensure proper parking access.
4. Provide Security Deposit Accounting: Landlords must provide a detailed accounting of security deposit usage within 30 days of the tenant’s move-out.

Lease Compliance

1. Provide Security Deposit Accounting: Landlords must provide a detailed accounting of security deposit usage within 30 days of the tenant’s move-out.
2. Adhere to Lease Terms: Landlords must adhere to all lease terms, including repairs, maintenance requests, and eviction notices.
3. Provide 30-Day Notice of Eviction: Landlords must provide tenants with a 30-day notice of eviction if they are seeking to terminate the lease.
4. Provide 7-Day Notice for Maintenance Requests: Landlords must provide tenants with a 7-day notice of any necessary maintenance or repairs.
5. Provide Security Deposit Refund: Landlords must provide tenants with a 30-day notice of security deposit refund if they are seeking to return any remaining funds.

By following these guidelines and maintaining thorough record-keeping, landlords in St. Paul can ensure that their properties comply with all relevant zoning and property management regulations.