SF 1190

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/22/2012 03:36pm

A bill for an act
relating to local government; zoning; providing for residential property used as
vacation rental; amending Minnesota Statutes 2010, sections 394.25, subdivision
3, by adding a subdivision; 462.357, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 394.25, subdivision 3, is amended to read:

Subd. 3.

In district zoning, maps.

Within each such district zoning ordinances or
maps may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of
operation and other aesthetic performance characteristics including but not limited to
noise, heat, glare, vibrations and smoke; the area required to provide for off street loading
and parking facilities; heights of trees and structures near airports; and to avoid too great
concentration or scattering of the population. All such provisions shall be uniform for each
class of land or building throughout each district, but the provisions in one district may
differ from those in other districts. No provision may prohibit earth sheltered construction
as defined in section 216C.06, subdivision 14, new text begin use of residential property for vacation
rental, new text end or manufactured homes built in conformance with sections 327.31 to 327.35 that
comply with all other zoning ordinances promulgated pursuant to this section.

Sec. 2.

Minnesota Statutes 2010, section 394.25, is amended by adding a subdivision
to read:

new text begin Subd. 3d. new text end

new text begin Vacation rental of residential property. new text end

new text begin The use of residential property
for vacation rental must be considered a permitted single family or permitted multifamily
residential use of property for the purpose of zoning, except that a county may license
that use as rental housing or may require the owner of such property to register the
property with the county.
new text end

Sec. 3.

Minnesota Statutes 2010, 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, new text begin use of residential property for vacation rental, new text end or manufactured
homes built in conformance with sections 327.31 to 327.35 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.

Sec. 4.

Minnesota Statutes 2010, section 462.357, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Vacation rental of residential property. new text end

new text begin The use of residential property
for vacation rental must be considered a permitted single family or permitted multifamily
residential use of property for the purpose of zoning, except that a municipality may
license such use as rental housing or may require the owner of such property to register
the property with the municipality.
new text end