SF 1190

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 02/24/2012 08:27am

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, by adding a
subdivision; 462.357, by adding a subdivision.

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

Section 1.

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 rentals. new text end

new text begin (a) A vacation rental includes a house, apartment,
condominium, manufactured home, vacation home, or similar property rented on a
short-term basis. It also includes all structures or other property belonging to and
accessory to the vacation rental. A vacation rental has basic living accommodations, such
as sleeping space, a toilet, and cooking facilities. A vacation rental does not include
property, or part of a property, used solely as a hotel, motel, inn, or similar establishment.
new text end

new text begin (b) A county must not enact, amend, or enforce a zoning ordinance that has the effect
of prohibiting or treating vacation rentals as an interim use in residentially zoned districts
within the county or limit the use of vacation rentals based solely on their occupancy,
classification, or use. The county may license such use as rental housing or may require
the owner of such property to register the property with the county.
new text end

new text begin (c) A county may adopt, by ordinance, the following restrictions and limitations on
vacation rental housing:
new text end

new text begin (1) number of occupants;
new text end

new text begin (2) parking;
new text end

new text begin (3) signage and other on-premise advertising;
new text end

new text begin (4) waste removal;
new text end

new text begin (5) noise provisions;
new text end

new text begin (6) sewage treatment; and
new text end

new text begin (7) any other provision necessary to protect the health, safety, and welfare of the
public.
new text end

Sec. 2.

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

new text begin Subd. 1i. new text end

new text begin Vacation rentals. new text end

new text begin (a) A vacation rental includes a house, apartment,
condominium, manufactured home, vacation home, or similar property rented on a
short-term basis. It also includes all structures or other property belonging to and
accessory to the vacation rental. A vacation rental has basic living accommodations, such
as sleeping space, a toilet, and cooking facilities. A vacation rental does not include
property, or part of a property, used solely as a hotel, motel, inn, or similar establishment.
new text end

new text begin (b) A municipality must not enact, amend, or enforce a zoning ordinance that has the
effect of prohibiting or treating vacation rentals as an interim use in residentially zoned
districts within the municipality or limit the use of vacation rentals based solely on their
occupancy, classification, or use. The 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

new text begin (c) A municipality may adopt, by ordinance, the following restrictions and
limitations on vacation rental housing:
new text end

new text begin (1) number of occupants;
new text end

new text begin (2) parking;
new text end

new text begin (3) signage and other on-premise advertising;
new text end

new text begin (4) waste removal;
new text end

new text begin (5) noise provisions;
new text end

new text begin (6) sewage treatment; and
new text end

new text begin (7) any other provision necessary to protect the health, safety, and welfare of the
public.
new text end