Agenda - Council - 07/27/1982 - Laserfiche WebLink

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I i I I I I I I I I I I I I ! I I i I In many communities, zoning and other land use regulations have been enacted to prevent people from building and living in "basement homes." Local officials who are not knowledgeable about earth-sheltered residences may assume that they are basement homes or they are covered by ordinance provisions prohibiting such buildings. Some jurisdictions may have aesthetic controls or site plan. requirements that may be used to prevent the construction of earth-sheltered buildings, particularly residences in their communities. Other jurisdictions may allow subdivisions with restrictive covenants that specifically prohibit earth-sheltered construction. In fairness to the communities, placing an earth-sheltered building in an urban setting generally requires greater attention to siting and building orientation than conventional structures..Many earth-sheltered building designs incorporate passive solar features, and therefore need good southern exposure. Proper siting and orientation of such buildings are critical considerations. AMENDMENTS TO ZONING ENABLING AC1S In 1979, the Minnesota Legislature amended the Municipal Planning Act (Minn. Stat., sec. 462.351 et seq.) and the County Planning Act (Minn. Stat., sec. 394.21 et seq.) to require that cities and counties remove barriers to earth-sheltered construction in their zoning ordinances, and to encourage the granti, ng of variances for such construction. The first amendment to the Municipal Planning Act (Minn. Stat., sec. 462.357, subd. 1) adds the following language to the subdivision: No regulation may prohibit earth-sheltered construction as defined in Section 116H.02, Subdivision 3, that complies with all other zoning ordinances promulgated pursuant to this section. The first amendment to the County Planning Act (Minn. Stat., sec. 394.25, subd. 3) dealing with what can be regulated by a zoning ordinance, adds the following language to the subdivision: No provision may prohibit earth-sheltered construction.as defined in Section 116H.02, Subdivision 3, that complies with all other ordinances pursuant to this section. The second amendment to the Municipal Planning Act (Minn. Stat., sec. 462.357) adds the following language to Subdivision 6: Variances shall be granted for earth-sheltered construction as defined in Section 116H.02, Subdivision 3, when in harmony with the ordinance. The second amendment to the County Planning Act (Minn. Stat., sec. 394.27) adds the following language to Subdivision 7: Variances shall be granted for earth shelters as defined in Section 116H.02, Subdivision 3, when in harmony with official controls. THE EFFECT OF THE LEGISLATION ON LOCAL JURISDICTIONS Clearly, any city or county zoning code provision that prohibits earth- sheltered buildings must be removed from the local ordinance. Language that