Definition of Family Study

Background

The Zoning Code's current definition of Family was adopted in 1975. It reads:

Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this code.

Other occupancy regulations are set by the City's Legislative Code (Chapter 34), Minnesota Fire Code, Minnesota Building Code, and Minnesota Residential Code.

This definition limits households that don’t closely conform to the “nuclear family” of two parents and their linearly-related children. In addition to "nuclear family" households, Saint Paul’s population includes:

• people of cultural traditions and/or multigenerational households with members who may not be related by blood, marriage, or adoption, including vulnerable elders and children;
• temporary workers, immigrants, post-graduate college students, and others in transitional phases of life that require unique housing options.

Additionally, the Twin Cities Fair Housing Implementation Council found the definition is at risk of being discriminatory or arbitrary and recommends Saint Paul:

• "...have their definition of "family" more closely correlate to neutral maximum occupancy restrictions found in safety and building codes;"
• "...increase the number of unrelated persons who may reside together to better allow for nontraditional family types;" or
• "...create an administrative process that allows for a case-by-case approach to determining whether a group that does not meet the code's definition of family or housekeeping unit is nonetheless a functionally equivalent family."

Originally, planning staff had proposed three options for recommendation by the Planning Commission:

• OPTION 1: “Any Six”
  • Six (6) or fewer adults, together with minor children in their care, living as a single housekeeping unit.
• OPTION 2: “Family or five”
  • Five (5) or fewer adults, or any number of adults who are all related to each other by blood, marriage, guardianship, or domestic partnership as defined by Chapter 186 of the Saint Paul Legislative Code, together with minor children in their care, living as a single housekeeping unit.
• OPTION 3: “Family plus four”
  • Any number of adults who are all related to each other by blood, marriage, guardianship, or domestic partnership as defined by Chapter 186 of the Saint Paul Legislative Code and up to four (4) additional adults, together with minor children in their care, living as a single housekeeping unit.

These three options were released for public comment by the Saint Paul Planning Commission. After numerous responses from residents and community organizations, on January 8th, the Planning Commission recommended the new definition of Household for adoption by the City Council.

New: Definition of Household

On Wednesday, March 10, 2021, the Saint Paul City Council adopted the following changes:

Family. Household. Six (6) or fewer adults together with and minor children in their care, as a single housekeeping unit living together in a dwelling unit.

The full text amendment:

• Removes any consideration of relatedness from the Zoning Code's occupancy regulation;
• Allows up to six adults per dwelling unit anywhere in the city, regardless of relatedness or college student status;
  • Student dwellings are still subject to spacing and registration requirements within the SH Student Housing Neighborhood Impact Overlay District.
• Allows any number of occupants 17 years of age or younger, up to building or fire code limits; and
• Clarifies the intent of the Code by replacing the term Family with Household.

Timeline