SF 915

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 08:11am

A bill for an act
relating to local government; limiting municipal planning and zoning controls;
amending Minnesota Statutes 2020, section 462.352, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 462.

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

Section 1.

Minnesota Statutes 2020, section 462.352, subdivision 5, is amended to read:

Subd. 5.

Comprehensive municipal plan.

new text begin (a) new text end "Comprehensive municipal plan" means
a compilation of policy statements, goals, standards, and maps for guiding the physical,
social and economic development, both private and public, of the municipality and its
environs, and may include, but is not limited to, the following: statements of policies, goals,
standards, a land use plan, including proposed densities for development, a community
facilities plan, a transportation plan, and recommendations for plan execution. A
comprehensive plan represents the planning agency's recommendations for the future
development of the community.

new text begin (b) As part of the comprehensive municipal plan, municipalities are encouraged to enact
public policy to facilitate the development of unsubsidized affordable housing. These policies
may include but are not limited to the municipal plan authorizing smaller lot sizes for
single-family homes, allowing the construction of duplexes through fourplexes on lots that
would otherwise be zoned exclusively for single-family houses, and allowing for mixed-use
development.
new text end

Sec. 2.

new text begin [462.3575] LIMITING REGULATIONS ON RESIDENTIAL
DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to official controls adopted under
sections 462.357, 462.358, and 462.3595.
new text end

new text begin Subd. 2. new text end

new text begin Planned unit development. new text end

new text begin (a) A municipality shall not require a planned unit
development agreement in lieu of a proposed residential development if the proposed
residential development complies with the existing city zoning ordinances, subdivision
regulation, or qualifies as a conditional use.
new text end

new text begin (b) A municipality shall not require planned unit development agreement conditions
that exceed the requirements in the State Building Code under chapter 326B.
new text end

new text begin (c) A planned unit development agreement must be made available to the public by
posting the agreement on the website of the municipality at least seven days prior to the
governing body's review of the agreement. If the municipality does not have a website, a
copy of the planned unit development agreement must be available for review at the city
hall building of the municipality. If the agreement is approved by the governing body, the
agreement cannot be modified unless all parties to the agreement concur.
new text end

new text begin Subd. 3. new text end

new text begin Limitation on aesthetic mandates. new text end

new text begin A municipality shall not condition approval
of a building permit, subdivision development, or planned unit development on the use of
specific materials, design, amenities, or other aesthetic conditions that are not required by
the State Building Code under chapter 326B.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section shall not apply to a proposed residential development
that is to be developed by the municipality itself.
new text end