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two
<br />Iona fide attempt to c
<br />ance may be initiated by
<br />ected property owners as
<br />1 by the planning agency
<br />udy and report and may
<br />the recommendation of
<br />days have elapsed from
<br />he planning agency. •
<br />•ovisions of this subdivi_
<br />is to a zoning ordinance
<br />sere shall have been filed
<br />two-thirds of the several
<br />contiguous descriptions
<br />y such contiguous prop.
<br />irmative vote in favor
<br />any such city. The gov-
<br />:rs, after hearing, adopt
<br />r the planning commis -
<br />f the whole area of the
<br />new ordinance or the
<br />e effect when adopted,
<br />f real estate affected by
<br />:n consent impractical,
<br />writing as to whether
<br />are reasonably related
<br />a plan for future land
<br />ed ordinance, changes
<br />given in a daily news•
<br />cessive weeks prior to
<br />e of such hearing, and
<br />and recommendations
<br />f appeals and adjust-
<br />.
<br />It any reasonable con -
<br />and adjustments has
<br />re is an error in any
<br />istrative officer in the
<br />s of the ordinance in
<br />iship because of cir
<br />m, and to grant such
<br />in keeping with the
<br />connection with the
<br />put to a reasonable
<br />ght of the landowner
<br />landowner, and the
<br />ility. Economic con -
<br />ble use for the prop -
<br />includes, but is not
<br />:ms. Variances shall
<br />i6C.06, subdivision
<br />adjustments or the
<br />any use that is not
<br />rected person's land
<br />871
<br />HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.358
<br />is located. The board or governing body as the case may be, may permit as a variance
<br />the temporary use of a one family dwelling as a two family dwelling. The board or gov-
<br />erning body as the case may be may impose conditions in the granting of variances to
<br />insure compliance and to protect adjacent properties.
<br />Subd. 6a. Normal residential surroundings for handicapped. It is the policy of this
<br />state that handicapped persons and children should not be excluded by municipal zon-
<br />ing ordinances or other land use regulations from the benefits of normal residential sur-
<br />roundings. For purposes of subdivisions 6a through 9, "person» has the meaning given
<br />in section 245A.02, subdivision 11.
<br />Subd. 7. Permitted single family use. A state licensed residential facility serving six
<br />or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
<br />family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445
<br />to serve 14 or fewer children shall be considered a permitted single family residential
<br />use of property for the purposes of zoning.
<br />Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision
<br />7 or in any town, municipal or county zoning regulation as authorized by this subdivi-
<br />sion, a state licensed residential facility serving from 7 through 16 persons or a licensed
<br />day care facility serving from 13 through 16 persons shall be considered a permitted
<br />multifamily residential use of property for purposes of zoning. A township, municipal
<br />or county zoning authority may require a conditional use or special use permit in order
<br />to assure proper maintenance and operation of a facility, provided that no conditions
<br />shall be imposed on the facility which are more restrictive than those imposed on other
<br />conditional
<br />special residential
<br />in the same zones, unless the conditions necessary to protect the health and safety of the residents of
<br />the residential facility. Nothing herein shall be construed to exclude or prohibit residen-
<br />tial or day care facilities from single family zones if otherwise permitted by a local zon-
<br />ing regulation.
<br />History: 1965c670s7 ;; 1969c2593 1; 1973cI23 art 5s7 ;;1973c379s4.1973
<br />c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 3 2; 1978 c 786 s 14,15; Ex1979 c 2 3 42,43; 1981
<br />c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194
<br />s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47,• 1990 c 568 art
<br />2 s 66,67; 1994 c 473 s 3
<br />462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION REGULA-
<br />TIONS.
<br />Subdivision 1. [Repealed, 1980 c 566 s 35]
<br />Subd. Authority. rwelfareo p ovideor he o derly, ec nom'c, and safe development of o preserve
<br />agricultural lands, to promote the availability of housing affordable to persons and fam-
<br />ilies of all income levels, and to facilitate adequate provision for transportation, water,
<br />sewage, storm drainage, schools, parks, playgrounds, and other public services and
<br />facilities, a municipality may by ordinance adopt subdivision regulations establishing
<br />standards, requirements, and procedures for the review and approval or disapproval
<br />of subdivisions. The regulations may contain varied provisions respecting, and be
<br />made applicable only to, certain classes or kinds of subdivisions. The regulations shall
<br />be uniform for each class or kind of subdivision.
<br />A municipality may by resolution extend the application of its subdivision regula-
<br />tions to unincorporated territory located within two miles of its limits in any direction
<br />but not in a town which has adopted subdivision regulations; provided that where two
<br />or more noncontiguous municipalities have boundaries less than four miles apart, each
<br />is authorized to control the subdivision of land equal distance from its boundaries
<br />within this area.
<br />Subd. 2. [Repealed, 1980 c 566 s 35]
<br />Subd. 2a. Terms of regulations. The standards and requirements in the regulations
<br />may address without limitation: the size, location, grading, and improvement of lots,
<br />Page 53
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