HF 2285

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 03:06pm

A bill for an act
relating to local government; adding conforming industrialized or modular buildings
for residential use to the structures that may not be prohibited by regulation;
amending Minnesota Statutes 2022, section 462.357, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 462.357, subdivision 1, is amended to read:

Subdivision 1.

Authority for zoning.

For the purpose of promoting the public health,
safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's
surface, in the air space above the surface, and in subsurface areas, the location, height,
width, bulk, type of foundation, number of stories, size of buildings and other structures,
the percentage of lot which may be occupied, the size of yards and other open spaces, the
density and distribution of population, the uses of buildings and structures for trade, industry,
residence, recreation, public activities, or other purposes, and the uses of land for trade,
industry, residence, recreation, agriculture, forestry, soil conservation, water supply
conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221,
access to direct sunlight for solar energy systems as defined in section 216C.06, flood control
or other purposes, and may establish standards and procedures regulating such uses. To
accomplish these purposes, official controls may include provision for purchase of
development rights by the governing body in the form of conservation easements under
chapter 84C in areas where the governing body considers preservation desirable and the
transfer of development rights from those areas to areas the governing body considers more
appropriate for development. No regulation may prohibit earth sheltered construction as
defined in section 216C.06, subdivision 14, relocated residential buildings, deleted text begin or deleted text end manufactured
homes built in conformance with sections 327.31 to 327.35 new text begin , or industrialized or modular
buildings for residential use built in conformance with Minnesota Rules, chapter 1361, new text end that
comply with all other zoning ordinances promulgated pursuant to this section. The regulations
may divide the surface, above surface, and subsurface areas of the municipality into districts
or zones of suitable numbers, shape, and area. The regulations shall be uniform for each
class or kind of buildings, structures, or land and for each class or kind of use throughout
such district, but the regulations in one district may differ from those in other districts. The
ordinance embodying these regulations shall be known as the zoning ordinance and shall
consist of text and maps. A city may by ordinance extend the application of its zoning
regulations to unincorporated territory located within two miles of its limits in any direction,
but not in a county or town which has adopted zoning regulations; provided that where two
or more noncontiguous municipalities have boundaries less than four miles apart, each is
authorized to control the zoning of land on its side of a line equidistant between the two
noncontiguous municipalities unless a town or county in the affected area has adopted
zoning regulations. Any city may thereafter enforce such regulations in the area to the same
extent as if such property were situated within its corporate limits, until the county or town
board adopts a comprehensive zoning regulation which includes the area.