Bill Text: MN HF1523 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Zoning for residential property used as vacation rental provided.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-04-18 - Introduction and first reading, referred to Government Operations and Elections [HF1523 Detail]
Download: Minnesota-2011-HF1523-Introduced.html
1.2relating to local government; zoning; providing for residential property used as
1.3vacation rental;amending Minnesota Statutes 2010, sections 394.25, subdivision
1.43, by adding a subdivision; 462.357, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.25, subdivision 3, is amended to read:
1.7 Subd. 3. In district zoning, maps. Within each such district zoning ordinances or
1.8maps may also be adopted designating or limiting the location, height, width, bulk, type of
1.9foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
1.10and structures may be erected or altered; the minimum and maximum size of yards, courts,
1.11or other open spaces; setback from existing roads and highways and roads and highways
1.12designated on an official map; protective measures necessary to protect the public interest
1.13including but not limited to controls relating to appearance, signs, lighting, hours of
1.14operation and other aesthetic performance characteristics including but not limited to
1.15noise, heat, glare, vibrations and smoke; the area required to provide for off street loading
1.16and parking facilities; heights of trees and structures near airports; and to avoid too great
1.17concentration or scattering of the population. All such provisions shall be uniform for each
1.18class of land or building throughout each district, but the provisions in one district may
1.19differ from those in other districts. No provision may prohibit earth sheltered construction
1.20as defined in section216C.06, subdivision 14 , use of residential property for vacation
1.21rental, or manufactured homes built in conformance with sections327.31 to
327.35 that
1.22comply with all other zoning ordinances promulgated pursuant to this section.
2.1 Sec. 2. Minnesota Statutes 2010, section 394.25, is amended by adding a subdivision
2.2to read:
2.3 Subd. 3d. Vacation rental of residential property. The use of residential property
2.4for vacation rental must be considered a permitted single family or permitted multifamily
2.5residential use of property for the purpose of zoning, except that a county may license that
2.6use as rental housing under general authority provided in section 394.21, subdivision 1.
2.7 Sec. 3. Minnesota Statutes 2010, section 462.357, subdivision 1, is amended to read:
2.8 Subdivision 1. Authority for zoning. For the purpose of promoting the public
2.9health, safety, morals, and general welfare, a municipality may by ordinance regulate
2.10on the earth's surface, in the air space above the surface, and in subsurface areas, the
2.11location, height, width, bulk, type of foundation, number of stories, size of buildings
2.12and other structures, the percentage of lot which may be occupied, the size of yards and
2.13other open spaces, the density and distribution of population, the uses of buildings and
2.14structures for trade, industry, residence, recreation, public activities, or other purposes,
2.15and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil
2.16conservation, water supply conservation, conservation of shorelands, as defined in
2.17sections103F.201 to
103F.221 , access to direct sunlight for solar energy systems as
2.18defined in section216C.06 , flood control or other purposes, and may establish standards
2.19and procedures regulating such uses. To accomplish these purposes, official controls may
2.20include provision for purchase of development rights by the governing body in the form of
2.21conservation easements under chapter 84C in areas where the governing body considers
2.22preservation desirable and the transfer of development rights from those areas to areas the
2.23governing body considers more appropriate for development. No regulation may prohibit
2.24earth sheltered construction as defined in section216C.06, subdivision 14 , relocated
2.25residential buildings, use of residential property for vacation rental, or manufactured
2.26homes built in conformance with sections327.31 to
327.35 that comply with all other
2.27zoning ordinances promulgated pursuant to this section. The regulations may divide the
2.28surface, above surface, and subsurface areas of the municipality into districts or zones of
2.29suitable numbers, shape, and area. The regulations shall be uniform for each class or kind
2.30of buildings, structures, or land and for each class or kind of use throughout such district,
2.31but the regulations in one district may differ from those in other districts. The ordinance
2.32embodying these regulations shall be known as the zoning ordinance and shall consist of
2.33text and maps. A city may by ordinance extend the application of its zoning regulations to
2.34unincorporated territory located within two miles of its limits in any direction, but not
2.35in a county or town which has adopted zoning regulations; provided that where two or
3.1more noncontiguous municipalities have boundaries less than four miles apart, each is
3.2authorized to control the zoning of land on its side of a line equidistant between the two
3.3noncontiguous municipalities unless a town or county in the affected area has adopted
3.4zoning regulations. Any city may thereafter enforce such regulations in the area to the
3.5same extent as if such property were situated within its corporate limits, until the county
3.6or town board adopts a comprehensive zoning regulation which includes the area.
3.7 Sec. 4. Minnesota Statutes 2010, section 462.357, is amended by adding a subdivision
3.8to read:
3.9 Subd. 10. Vacation rental of residential property. The use of residential property
3.10for vacation rental must be considered a permitted single family or permitted multifamily
3.11residential use of property for the purpose of zoning, except that a municipality may
3.12license such use as rental housing under general authority provided in section 412.221,
3.13subdivision 32.
1.3vacation rental;amending Minnesota Statutes 2010, sections 394.25, subdivision
1.43, by adding a subdivision; 462.357, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.25, subdivision 3, is amended to read:
1.7 Subd. 3. In district zoning, maps. Within each such district zoning ordinances or
1.8maps may also be adopted designating or limiting the location, height, width, bulk, type of
1.9foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
1.10and structures may be erected or altered; the minimum and maximum size of yards, courts,
1.11or other open spaces; setback from existing roads and highways and roads and highways
1.12designated on an official map; protective measures necessary to protect the public interest
1.13including but not limited to controls relating to appearance, signs, lighting, hours of
1.14operation and other aesthetic performance characteristics including but not limited to
1.15noise, heat, glare, vibrations and smoke; the area required to provide for off street loading
1.16and parking facilities; heights of trees and structures near airports; and to avoid too great
1.17concentration or scattering of the population. All such provisions shall be uniform for each
1.18class of land or building throughout each district, but the provisions in one district may
1.19differ from those in other districts. No provision may prohibit earth sheltered construction
1.20as defined in section
1.21rental, or manufactured homes built in conformance with sections
1.22comply with all other zoning ordinances promulgated pursuant to this section.
2.1 Sec. 2. Minnesota Statutes 2010, section 394.25, is amended by adding a subdivision
2.2to read:
2.3 Subd. 3d. Vacation rental of residential property. The use of residential property
2.4for vacation rental must be considered a permitted single family or permitted multifamily
2.5residential use of property for the purpose of zoning, except that a county may license that
2.6use as rental housing under general authority provided in section 394.21, subdivision 1.
2.7 Sec. 3. Minnesota Statutes 2010, section 462.357, subdivision 1, is amended to read:
2.8 Subdivision 1. Authority for zoning. For the purpose of promoting the public
2.9health, safety, morals, and general welfare, a municipality may by ordinance regulate
2.10on the earth's surface, in the air space above the surface, and in subsurface areas, the
2.11location, height, width, bulk, type of foundation, number of stories, size of buildings
2.12and other structures, the percentage of lot which may be occupied, the size of yards and
2.13other open spaces, the density and distribution of population, the uses of buildings and
2.14structures for trade, industry, residence, recreation, public activities, or other purposes,
2.15and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil
2.16conservation, water supply conservation, conservation of shorelands, as defined in
2.17sections
2.18defined in section
2.19and procedures regulating such uses. To accomplish these purposes, official controls may
2.20include provision for purchase of development rights by the governing body in the form of
2.21conservation easements under chapter 84C in areas where the governing body considers
2.22preservation desirable and the transfer of development rights from those areas to areas the
2.23governing body considers more appropriate for development. No regulation may prohibit
2.24earth sheltered construction as defined in section
2.25residential buildings, use of residential property for vacation rental, or manufactured
2.26homes built in conformance with sections
2.27zoning ordinances promulgated pursuant to this section. The regulations may divide the
2.28surface, above surface, and subsurface areas of the municipality into districts or zones of
2.29suitable numbers, shape, and area. The regulations shall be uniform for each class or kind
2.30of buildings, structures, or land and for each class or kind of use throughout such district,
2.31but the regulations in one district may differ from those in other districts. The ordinance
2.32embodying these regulations shall be known as the zoning ordinance and shall consist of
2.33text and maps. A city may by ordinance extend the application of its zoning regulations to
2.34unincorporated territory located within two miles of its limits in any direction, but not
2.35in a county or town which has adopted zoning regulations; provided that where two or
3.1more noncontiguous municipalities have boundaries less than four miles apart, each is
3.2authorized to control the zoning of land on its side of a line equidistant between the two
3.3noncontiguous municipalities unless a town or county in the affected area has adopted
3.4zoning regulations. Any city may thereafter enforce such regulations in the area to the
3.5same extent as if such property were situated within its corporate limits, until the county
3.6or town board adopts a comprehensive zoning regulation which includes the area.
3.7 Sec. 4. Minnesota Statutes 2010, section 462.357, is amended by adding a subdivision
3.8to read:
3.9 Subd. 10. Vacation rental of residential property. The use of residential property
3.10for vacation rental must be considered a permitted single family or permitted multifamily
3.11residential use of property for the purpose of zoning, except that a municipality may
3.12license such use as rental housing under general authority provided in section 412.221,
3.13subdivision 32.
