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• <br />LAND USE LAW BASICS <br />AUTHORITY FOR LAND USE REGULATION. <br />The Municipal Land Planning Act, Minn. Stat. § §462.351 - 462.365, provides the <br />authority for land use regulations. The law creates a single, uniform procedure <br />which applies to all cities. Land use ordinances must comply both in substance and <br />in procedure with the state law. <br />II. STATE LAW PREEMPTION. ` <br />The state law preempts city action in certain areas. <br />A. Group Homes. <br />1. Astate-licensed group home serving six or fewer persons is <br />automatically a permitted single-family residential use. <br />• 2. Astate-licensed group home serving from 7 through 16 people is a <br />permitted multifamily residential use. It can be the subject of a <br />conditional use permit to assure property maintenance and operation. <br />The conditions must not be more restrictive than other conditional <br />uses in the same zones, unless the additional conditions are necessary <br />for the health and safety of the group home residents. <br />B. Day Care Centers. <br />1. A licensed day care center serving 12 or fewer and a licensed group <br />family day care center serving 14 or fewer are permitted single-family <br />residential uses. <br />2. A licensed day care center serving from 13 through 16 people is a <br />permitted multifamily residential use, which may be a conditional use <br />under the same circumstances outlined above for group homes. <br />• <br />1 <br />