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Missing Middle Housing Bill Includes Myriad of Statewide Zoning and Land Use Preemption Provisions
Legislation to be heard Feb. 20 in the House Housing Finance and Policy Committee seeks to broadly preempt city zoning and land use authority and require residential density in many cities.
HF 4009/SF 3964, the “Missing Middle Housing” bill authored by Rep. Larry Kraft (DFL-St. Louis Park)/Sen. Nicole Mitchell (DFL-Woodbury) and HF 4010/SF 3980 authored by Rep. Alicia Kozlowski (DFL-Duluth)/ Sen. Susan Pha (DFL-Brooklyn Park) will be considered by the House Housing Finance and Policy Committee.
The bills, which are likely to be combined via an amendment, contain myriad of provisions that broadly preempt city zoning and land use authority and mandate various levels of density on residential and commercial lots regardless of infrastructure capacity while also creating required administrative review processes that eliminate public input.
Details of the proposed legislation
While there are cities in all regions of the state that have adjusted their zoning ordinances over time to accommodate varying degrees of density, these decisions were made at the local level and ensured adequate infrastructure capacity while including public input from community members impacted by these changes. While the amendment clarifies several issues the League has raised and exempts Great Minnesota cities with populations of 5,000 or less from certain requirements, the Missing Middle Housing bill combined with HF 4010/SF 3980 still eliminates the ability for cities across the state to do either by including the following provisions in the bill language that was introduced:
- Sets a base level for density allowed on any residential lot by right (or without needing to go through a discretionary review processes) regardless of size at 2 units statewide and 4 units in cities of the first class. If certain conditions are met, 8 units are allowed in second-, third-, and fourth-class cities and 10 units may be allowed per lot in cities of the first class.
- Forces administrative approvals of projects that meet the standards in the bill language and prohibits public input in the approval process.
- Limits minimum lot size requirements to no greater than 2,500 square feet for first class cities and 4,000 square feet for all other cities except for Greater Minnesota cities with populations of less than 5,000.
- Requires all cities to accept Accessory Dwelling Units on all residential lots regardless of size and allows property owners to subdivide their lots by right.
- Prohibits off-street parking from being required close to major transit stops and limits off-street parking minimum requirements to 1 spot per unit in other areas.
- Allows multifamily buildings to be built up to 150 feet tall on any lot in a commercial zoning district.
- Broadly prohibits design standards for residential development and eliminates minimum square footage and floor area ratio requirements.
Next steps
The League has been in conversations with the bill authors and will continue to advocate for local control when it comes to local decision-making authority on residential development. Cities are encouraged to reach out to their legislators with concerns regarding this bill.