Minnesota Legislature
HF 4010
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 12:12pm
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A bill for an act
relating to local government; establishing requirements for multifamily residential
developments in cities; proposing coding for new law in Minnesota Statutes,
chapter 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[462.3571] MULTIFAMILY RESIDENTIAL DEVELOPMENTS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Affordable housing development" means a multifamily residential development in
which:
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(1) at least 20 percent of the residential units are for households whose incomes do not
exceed 50 percent of the greater of the statewide or area median income; or
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(2) at least 40 percent of the residential units are for households whose incomes do not
exceed 60 percent of the greater of the statewide or area median income.
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The deed or declaration for an affordable residential unit must also contain a restrictive
covenant requiring the property to remain affordable housing for at least 30 years.
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(c) "City" means a home rule charter or statutory city.
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(d) "Commercial use" means the use of land or buildings, in whole or in part, for the
sale, lease, rental, or trade of products, goods, and services.
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(e) "Cottage housing" means residential dwelling units on a lot with a common open
space that either:
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(1) is owned in common; or
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(2) has units owned as condominium units with property owned in common and a
minimum of 20 percent of the lot size as open space.
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(f) "Courtyard apartment" means a building with up to four attached residential dwelling
units arranged on two or three sides of a yard or garden.
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(g) "Duplex" means a two-family home, classified as an IRC-2 in the State Building
Code and not meeting the definition of townhouse.
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(h) "Environmental justice area" has the meaning given in section 116.065, subdivision
1.
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(i) "Fiveplex" means a building containing five residential dwelling units intended for
nontransient occupancy and not meeting the definition of townhouse.
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(j) "Fourplex" means a building containing four residential dwelling units intended for
nontransient occupancy and not meeting the definition of townhouse.
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(k) "Metropolitan area" has the meaning given in section 473.121, subdivision 2.
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(l) "Multifamily residential development" means a single residential building with at
least 13 units or a mixed-use building with commercial use on the ground floor and at least
half of the usable square footage is for residential use. Multifamily residential development
does not include the following housing types:
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(1) duplexes;
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(2) triplexes;
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(3) fourplexes;
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(4) fiveplexes;
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(5) sixplexes;
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(6) townhouses;
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(7) stacked flats;
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(8) courtyard apartments;
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(9) cottage housing; and
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(10) single-family detached homes.
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(m) "Residential unit" means a residential dwelling for the use of a single owner or
tenant.
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(n) "Single-family detached home" means any building that contains one residential
dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out
to be occupied, or occupied for living purposes that is not attached to another structure.
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(o) "Sixplex" means a building containing six residential dwelling units intended for
nontransient occupancy and not meeting the definition of townhouse.
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(p) "Stacked flat" means a nontransient residential building of no more than three stories
on a lot zoned for residential development in which each floor is a residential dwelling unit.
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(q) "Structure" means anything constructed or installed for residential or commercial
use that requires a location on a parcel of land. Structure does not include nonconformities.
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(r) "Townhouse" means a single-family residential dwelling unit constructed in a group
of three or more attached units in which each unit extends from the foundation to the roof
and with open space on at least two sides. Each single-family residential dwelling unit shall
be considered to be a separate building. Separate building service utilities shall be provided
to each single-family residential dwelling unit when required by the Minnesota State Building
Code.
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(s) "Triplex" means a building containing three residential dwelling units intended for
nontransient occupancy and not meeting the definition of townhouse.
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new text begin Subd. 2. new text end
new text begin Multifamily residential developments. new text end
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(a) Subject to compliance with all
municipal zoning standards, multifamily residential developments shall be a permitted use
in any zoning district that allows for a commercial use, except for:
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(1) industrial zoning districts where a commercial use is not allowed; or
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(2) industrial zoning districts that are located in environmental justice areas.
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(b) A multifamily residential development may not be constructed on a lot zoned for a
single-family detached home unless otherwise authorized by law, rule, or ordinance.
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(c) A city may require a conditional use permit for a multifamily residential development
only if the specific circumstances of the development raise concerns related to the public
health, safety, and general welfare.
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new text begin Subd. 3. new text end
new text begin Applicable zoning standards. new text end
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(a) A multifamily residential development must
comply with any standards, performance conditions, or requirements, including the adequacy
of existing public infrastructure, imposed by a city to promote the public health, safety, and
general welfare.
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(b) A city must not impose a height requirement on a multifamily residential development
that is less than the following:
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(1) in a city of the first class, 75 feet;
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(2) in a city of the second class, 45 feet;
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(3) in a city of the third class in the metropolitan area, 45 feet; or
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(4) in a city of the third class outside of the metropolitan area, 35 feet.
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(c) A city must not impose a setback requirement on a multifamily residential
development that is greater than the smallest required minimum setback distance of any
other structure in the same zoning district of the parcel on which the development will be
built.
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(d) A city may impose a height or setback requirement that is different from the
requirements in this subdivision if such requirements would result in a multifamily residential
development that would substantially vary in compatibility and scale with surrounding
properties.
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(e) This subdivision does not apply to a city of the fourth class.
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new text begin Subd. 4. new text end
new text begin Parking requirements limited. new text end
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A city may not require more than one off-street
parking space per residential unit, except that additional disability parking spaces may be
required to meet the requirements of the Americans with Disabilities Act.
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new text begin Subd. 5. new text end
new text begin Affordable housing development; height and mass requirements. new text end
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An
affordable housing development must be permitted to exceed one or more maximum
dimensional standards imposed by city official zoning controls as a zoning density bonus.
A zoning density bonus offered by a city for an affordable housing development may include
one or more of the following dimensional standards above the maximum base zoning
regulations:
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(1) a building height increase of at least 35 feet;
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(2) an increased floor area ratio;
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(3) an increased number of units per acre;
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(4) an increased total number of units;
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(5) a higher percentage of lot coverage; or
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(6) other dimensional standards that increase building size by at least 30 percent more
than what is allowed for market-rate multifamily residential developments.
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new text begin Subd. 6. new text end
new text begin Administrative review process. new text end
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(a) Notwithstanding any law, rule, or ordinance
to the contrary, a city must establish an administrative review process subject to the
procedures in section 15.99 for a multifamily residential development meeting the
requirements of this section.
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(b) An application reviewed through an administrative review process or other process
may not be approved contingent on factors not related to the protection of the public health,
safety, and welfare; the completion of a study; or the development being a part of a planned
unit development if the multifamily residential development complies with this section.
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new text begin Subd. 7. new text end
new text begin Exceptions. new text end
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(a) Nothing in this section authorizes a multifamily residential
development that is prohibited by state or federal law or rule, or is prohibited under an
ordinance adopted pursuant to such a state or federal law or rule, that protects floodplains,
areas of critical or historic concern, wild and scenic rivers, shore land, or that otherwise
restrict residential units to protect and preserve the public health, the environment, or scenic
areas.
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(b) A multifamily residential development may not be inconsistent with approved plans
under chapter 103B.
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new text begin EFFECTIVE DATE. new text end
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This section is effective January 1, 2025.
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