HF 971

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for 
  1.3             multijurisdictional zoning and economic development; 
  1.4             amending Minnesota Statutes 2000, sections 394.25, by 
  1.5             adding a subdivision; 394.33, subdivision 1; 462.357, 
  1.6             subdivision 1; 462.358, subdivision 1a; and 469.1082, 
  1.7             subdivisions 1, 3, and 5; repealing Minnesota Statutes 
  1.8             2000, section 394.33, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 394.25, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 11.  [COUNTY ESTABLISHMENT OF URBAN SERVICE AREAS.] A 
  1.13  county may designate an urban service area for any city within 
  1.14  the county.  For cities with populations of less than 5,000, the 
  1.15  county may designate an urban service area of up to one mile 
  1.16  from the boundary of any such city located within the county.  
  1.17  For cities with populations of 5,000 or greater, the county may 
  1.18  designate an urban service area of up to two miles from the 
  1.19  boundary of any such city located within the county.  Any urban 
  1.20  service area designated by the county must be incorporated into 
  1.21  the county comprehensive plan within one year of designation.  
  1.22  The designated urban service area must contain an area adjacent 
  1.23  to a city that is sufficient to accommodate existing development 
  1.24  and projected growth and service needs over not less than five 
  1.25  nor more than 20 years.  For purposes of this subdivision, the 
  1.26  designated urban service area must include those areas of a 
  1.27  township adjacent to a city that have existing development or 
  2.1   are projected to develop with residential, commercial, 
  2.2   industrial, institutional, or governmental uses at a density 
  2.3   greater than one unit per 40 acres. 
  2.4      Notwithstanding section 462.357 or 462.358, a city for 
  2.5   which an urban service area has been designated by a county as 
  2.6   provided in this subdivision shall have all of the powers in 
  2.7   sections 462.351 to 462.364 to plan, zone, and subdivide within 
  2.8   the designated area. 
  2.9      Sec. 2.  Minnesota Statutes 2000, section 394.33, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [NOT INCONSISTENT.] The governing body of 
  2.12  any town including any town with the powers of a statutory city 
  2.13  pursuant to law may continue to exercise the authority to plan 
  2.14  and zone as provided by law, but after the adoption of official 
  2.15  controls for a county or portion thereof by the board of county 
  2.16  commissioners no town shall enact or enforce official controls 
  2.17  inconsistent with or less restrictive than the standards 
  2.18  prescribed in the official controls adopted by the board.  
  2.19  Nothing in this section shall limit any town's power to adopt 
  2.20  official controls, including shoreland regulations which are 
  2.21  more restrictive than provided in the controls adopted by the 
  2.22  county.  A zoning provision of a town that conflicts with a 
  2.23  zoning provision of the county is of no effect to the extent of 
  2.24  the conflict.  The town's zoning must be at least as 
  2.25  restrictive, and must not permit a greater density in any 
  2.26  respect than would be permitted under the county's zoning 
  2.27  provision if the county's zoning provision were in effect in the 
  2.28  same area.  Upon the adoption or amendment of any official 
  2.29  controls the governing body of the town shall file a certified 
  2.30  copy thereof with the county recorder or registrar of titles for 
  2.31  record.  A certified copy of any official controls of any town 
  2.32  which are in effect on August 1, 1974 shall also be filed by the 
  2.33  governing body of the town with the county recorder or registrar 
  2.34  of titles for record within one year from August 1, 1974. 
  2.35     Sec. 3.  Minnesota Statutes 2000, section 462.357, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
  3.2   promoting the public health, safety, morals, and general 
  3.3   welfare, a municipality may by ordinance regulate on the earth's 
  3.4   surface, in the air space above the surface, and in subsurface 
  3.5   areas, the location, height, width, bulk, type of foundation, 
  3.6   number of stories, size of buildings and other structures, the 
  3.7   percentage of lot which may be occupied, the size of yards and 
  3.8   other open spaces, the density and distribution of population, 
  3.9   the uses of buildings and structures for trade, industry, 
  3.10  residence, recreation, public activities, or other purposes, and 
  3.11  the uses of land for trade, industry, residence, recreation, 
  3.12  agriculture, forestry, soil conservation, water supply 
  3.13  conservation, conservation of shorelands, as defined in sections 
  3.14  103F.201 to 103F.221, access to direct sunlight for solar energy 
  3.15  systems as defined in section 216C.06, flood control or other 
  3.16  purposes, and may establish standards and procedures regulating 
  3.17  such uses.  To accomplish these purposes, official controls may 
  3.18  include provision for purchase of development rights by the 
  3.19  governing body in the form of conservation easements under 
  3.20  chapter 84C in areas where the governing body considers 
  3.21  preservation desirable and the transfer of development rights 
  3.22  from those areas to areas the governing body considers more 
  3.23  appropriate for development.  No regulation may prohibit earth 
  3.24  sheltered construction as defined in section 216C.06, 
  3.25  subdivision 2, relocated residential buildings, or manufactured 
  3.26  homes built in conformance with sections 327.31 to 327.35 that 
  3.27  comply with all other zoning ordinances promulgated pursuant to 
  3.28  this section.  The regulations may divide the surface, above 
  3.29  surface, and subsurface areas of the municipality into districts 
  3.30  or zones of suitable numbers, shape, and area.  The regulations 
  3.31  shall be uniform for each class or kind of buildings, 
  3.32  structures, or land and for each class or kind of use throughout 
  3.33  such district, but the regulations in one district may differ 
  3.34  from those in other districts.  The ordinance embodying these 
  3.35  regulations shall be known as the zoning ordinance and shall 
  3.36  consist of text and maps.  A city may by ordinance extend the 
  4.1   application of its zoning regulations to unincorporated 
  4.2   territory located within two miles of its limits in any 
  4.3   direction, but not in a county or town which has adopted zoning 
  4.4   regulations; provided that where two or more noncontiguous 
  4.5   municipalities have boundaries less than four miles apart, each 
  4.6   is authorized to control the zoning of land on its side of a 
  4.7   line equidistant between the two noncontiguous municipalities 
  4.8   unless a town or county in the affected area has adopted zoning 
  4.9   regulations.  Any city may thereafter enforce such regulations 
  4.10  in the area to the same extent as if such property were situated 
  4.11  within its corporate limits, until the county or town board 
  4.12  adopts a comprehensive zoning regulation which includes the area.
  4.13     Sec. 4.  Minnesota Statutes 2000, section 462.358, 
  4.14  subdivision 1a, is amended to read: 
  4.15     Subd. 1a.  [AUTHORITY.] To protect and promote the public 
  4.16  health, safety, and general welfare, to provide for the orderly, 
  4.17  economic, and safe development of land, to preserve agricultural 
  4.18  lands, to promote the availability of housing affordable to 
  4.19  persons and families of all income levels, and to facilitate 
  4.20  adequate provision for transportation, water, sewage, storm 
  4.21  drainage, schools, parks, playgrounds, and other public services 
  4.22  and facilities, a municipality may by ordinance adopt 
  4.23  subdivision regulations establishing standards, requirements, 
  4.24  and procedures for the review and approval or disapproval of 
  4.25  subdivisions.  The regulations may contain varied provisions 
  4.26  respecting, and be made applicable only to, certain classes or 
  4.27  kinds of subdivisions.  The regulations shall be uniform for 
  4.28  each class or kind of subdivision. 
  4.29     A municipality may by resolution extend the application of 
  4.30  its subdivision regulations to unincorporated territory located 
  4.31  within two miles of its limits in any direction but not in a 
  4.32  town which has adopted subdivision regulations; provided that 
  4.33  where two or more noncontiguous municipalities have boundaries 
  4.34  less than four miles apart, each is authorized to control the 
  4.35  subdivision of land equal distance from its boundaries within 
  4.36  this area.  In the two- or four-mile area, city subdivision 
  5.1   regulations prevail over town subdivision regulations if there 
  5.2   is a conflict. 
  5.3      Sec. 5.  Minnesota Statutes 2000, section 469.1082, 
  5.4   subdivision 1, is amended to read: 
  5.5      Subdivision 1.  [AUTHORITY TO CREATE.] A county located 
  5.6   outside the metropolitan area may form a county economic 
  5.7   development authority or grant a housing and redevelopment 
  5.8   authority the powers specified in subdivision 4, clause (2), if 
  5.9   it receives a recommendation to do so from a committee formed 
  5.10  under subdivision 2.  An economic development authority 
  5.11  established under this section has all the powers and rights of 
  5.12  an authority under sections 469.090 to 469.1081, except the 
  5.13  authority granted under section 469.094 if so limited under 
  5.14  subdivision 4.  
  5.15     A county economic development authority or service provider 
  5.16  is prohibited from granting a business subsidy, tax incentive, 
  5.17  or other incentive of any kind to a business that is located in 
  5.18  a city and seeks to relocate or relocates from a city to a 
  5.19  township, unless the city in which the business is proposed to 
  5.20  relocate adopts a resolution approving the relocation of the 
  5.21  business from the city to a township. 
  5.22     This section is in addition to any other authority to 
  5.23  create a county economic development authority or service 
  5.24  provider.  
  5.25     Sec. 6.  Minnesota Statutes 2000, section 469.1082, 
  5.26  subdivision 3, is amended to read: 
  5.27     Subd. 3.  [COMMITTEE REPORT.] The committee shall issue its 
  5.28  report within 90 days of its initial meeting.  The committee may 
  5.29  request one 60-day extension from the county board.  The report 
  5.30  must contain the committee's recommendation for the preferred 
  5.31  organizational option for a county economic development service 
  5.32  provider, including the distance of the radius of the 
  5.33  extraterritorial parcel boundary that may be controlled by each 
  5.34  affected city in subdivision 5.  This extraterritorial parcel 
  5.35  boundary may not exceed two miles from the city boundary be less 
  5.36  than one mile from the city boundary of a city with a population 
  6.1   less than 5,000, and may not be less than two miles from the 
  6.2   city boundary of a city with a population of 5,000 or greater, 
  6.3   without the approval of the affected city.  The report must 
  6.4   contain written findings on issues considered by the committee 
  6.5   including, but not limited to, the following: 
  6.6      (1) identification of the current level of economic 
  6.7   development, housing, and community development programs and 
  6.8   services provided by existing agencies, any existing gaps in 
  6.9   programs and services, and the capacity and ability of those 
  6.10  agencies to expand their activities; and 
  6.11     (2) the recommended organizational option for providing 
  6.12  needed economic development, housing, and community development 
  6.13  services in the most efficient, effective manner. 
  6.14     Sec. 7.  Minnesota Statutes 2000, section 469.1082, 
  6.15  subdivision 5, is amended to read: 
  6.16     Subd. 5.  [AREA OF OPERATION.] The area of operation of a 
  6.17  county economic development service provider created under this 
  6.18  section shall include all cities within a county that have 
  6.19  adopted resolutions electing to participate.  A city may adopt a 
  6.20  resolution electing to withdraw participation.  The withdrawal 
  6.21  election may be made every fifth year following adoption of the 
  6.22  resolution electing participation.  The withdrawal election is 
  6.23  effective on the anniversary date of the original resolution 
  6.24  provided notice is given to the county economic development 
  6.25  authority not less than 90 nor more than 180 days prior to that 
  6.26  anniversary date.  The city electing to withdraw retains any 
  6.27  rights, obligations, and liabilities it obtained or incurred 
  6.28  during its participation.  Any city within the county shall have 
  6.29  the option to adopt a resolution to prohibit the county economic 
  6.30  development service provider created under this section from 
  6.31  operating within its boundaries and (1) within an agreed upon 
  6.32  urban service area, or (2) within the boundary approved in the 
  6.33  committee report referenced in subdivision 3.  If a city 
  6.34  prohibits a county economic development service provider created 
  6.35  under this section from operating within its boundaries, the 
  6.36  city's property taxpayers shall not be subject to the property 
  7.1   tax levied for the county economic development service 
  7.2   provider.  A city may waive its prohibition for a particular 
  7.3   individual project.  A waiver for one project is not a waiver 
  7.4   for any other project. 
  7.5      Sec. 8.  [REPEALER.] 
  7.6      Minnesota Statutes 2000, section 394.33, subdivision 2, is 
  7.7   repealed.