SF 234

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to local government; authorizing transfer of development credits banks
for local governments; amending Minnesota Statutes 2008, sections 394.25,
subdivision 2; 462.357, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 394.25, subdivision 2, is amended to read:

Subd. 2.

Districts set by zoning ordinances.

new text begin (a) new text end Zoning ordinances establishing
districts within which the use of land or the use of water or the surface of water pursuant
to section 86B.205 for agriculture, forestry, recreation, residence, industry, trade,
soil conservation, water supply conservation, surface water drainage and removal,
conservation of shorelands, as defined in sections 103F.201 to 103F.221, and additional
uses of land and of the surface of water pursuant to section 86B.205, may be by official
controls encouraged, regulated, or prohibited and for such purpose the board may divide
the county into districts of such number, shape, and area as may be deemed best suited
to carry out the comprehensive plan. Official controls may also be applied to wetlands
preservation, open space, parks, sewage disposal, protection of groundwater, protection of
floodplains as defined in section 103F.111, protection of wild, scenic, or recreational rivers
as defined in sections 103F.311 and 103F.315, protection of slope, soils, unconsolidated
materials or bedrock from potentially damaging development, preservation of forests,
woodlands and essential wildlife habitat, reclamation of nonmetallic mining lands;
protection and encouragement of access to direct sunlight for solar energy systems as
defined in section 216C.06, subdivision 17; and the preservation of agricultural lands.

new text begin (b) new text end Official controls may include provisions for purchase of development rights
by the board in the form of conservation easements under chapter 84C in areas where
preservation is considered by the board to be desirable, and the transfer of development
rights from those areas to areas the board considers more desirable for development.
new text begin The county board may also provide by ordinance for a transfer of development credits
bank with the power to purchase, hold and sell development credits, or designate as the
county's transfer of development credits bank a nongovernmental entity, including a
not-for-profit organization organized under section 501(c)(3) of the Internal Revenue
Code, or a private commercial enterprise, including but not limited to a credit union or a
privately held commercial bank.
new text end

Sec. 2.

Minnesota Statutes 2008, 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. new text begin The municipality
may also provide by ordinance for a transfer of development credits bank with the
power to purchase, hold and sell development credits, or designate as the municipality's
transfer of development credits bank a nongovernmental entity, including a not-for-profit
organization organized under section 501(c)(3) of the Internal Revenue Code, or a private
commercial enterprise, including but not limited to a credit union or a privately held
commercial bank. new text end No regulation may prohibit earth sheltered construction as defined in
section 216C.06, subdivision 14, relocated residential buildings, 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.