11-16-2020 Planning Commission Packet

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462.357 MINNESOTA STATUTES 2020 6 case may be may impose conditions in the granting of variances.A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 6a. Normal residential surroundings for persons with disabilities.It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use.A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons,a licensed day care facility serving 12 or fewer persons,and a group family day care facility licensed under Minnesota Rules,parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8. Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision,a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility,provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives.In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential,commercial,and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1)minimizing the fragmentation and development of agricultural,forest,wildlife,and open space lands, including consideration of appropriate minimum lot sizes; (2) minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4)encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport; (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services,infrastructure,other services,and to the extent feasible,encouraging full development of areas previously zoned for nonagricultural uses; (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; (7)identification of areas where other developments are appropriate; and Official Publication of the State of Minnesota Revisor of Statutes