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4A2.1SI HOUSING. REDEVELOPMENT. PLANNING. ZONING 7476 7477 <br />hi <br />defined in section 116H.U2. subdivision 3. when in harmony with the ordinanee. <br />The hoard of appeals and adjustments or the governing body as the case may <br />be, may not permit us a variance any use that is not permitted under the ordi­ <br />nance for property in the zone where the affected person's land is located. The <br />board or governing body as the case may be. may permit as a variance the tern- <br />^ C"/ porary 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 vari­ <br />ances to insure compliance and to protect adjacent properties. <br />Subd. 7. Permitted single family use. In order to implement the policy of <br />this state that mentally retarded and physically handicapped persons should not <br />be excluded by municipal zoning ordinances from the benefits of norm^ residen­ <br />tial surroundings, a state licensed group home or foster home serving six or <br />(ewer mentally retarded or physically handicapped persons shall be considered a <br />permitted single family residential use of property for the purposes of zoning. <br />Subd. 8. Permitted multi-family use. Unless otherwise provided in any <br />town, municipal or county zoning regulation as authorized by this subdivision, a <br />state licensed residential facility serving from 7 through 16 mentally retarded or <br />physically handicapped persons shall be considered a permitted multi-family resi­ <br />dential use of property for purposes of zoning. A township, municipal or county <br />zoning authority may require a conditional use or special use permit in order to <br />assure proper maintenance and operation of a facility, provided that no condi­ <br />tions shall be imposed on the homes which are more restnetive than those <br />imposed on other conditional uses or special uses of residential property in the <br />same zones, unless the additional conditions are necessary to protect the health <br />and safety of the residents of the residential facility for the mentally retarded or <br />the physically handicapped. Nothing herein shall be construed to exclude or pro­ <br />hibit residential homes for the mentally retarded or physically handicapped from <br />single family zones if otherwise permitted by a local zoning regulation. <br />History: 1965 c 670 s 7. 1969 c 259 s /; 1973 c 123 art 5 s 7; 1973 c 379 s <br />4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c60s 2; 1978 c 786 s 14.15; Lxl979 c 2 <br />s 42,43 <br />7-1 i <br />462.358 PROCEDURE FOR PLAN EFFECTUAHON; SUBDIVISION REGU­ <br />LATIONS. <br />Subdivision 1. ( Repealed. 1980 c 566 s 35 ) <br />Subd. la. Authority. To protect and promote the public health, safety, and <br />general welfare, to provide for the orderly, economic, and safe development of <br />land, to preserve agricultural lands, to promote the availability of housing <br />affordable to persons and families of all income levels, and to facilitate adequate <br />provision for transportation, water, sewage, storm drainage, schools, parks, <br />playgrounds, and other public services and facilities, a municipality may by ordi­ <br />nance adopt subdivision regulations establishing standards, requirements, and <br />procedures for the review and approval or disapproval of subdivisions. The regu- <br />ations may contain varied provisions respecting, and be made applicable only <br />to, certain classes or kinds of subdivisions. The regulations shall be uniform for <br />each class or kind of subdivision. <br />A municipality may by resolution extend the application of its subdivision <br />regulations to unincorporated territory located within two miles of its limits in <br />any direction hut not in a town which has adopted subdivision regulations: pro­ <br />vided that where two or more noncontiguous municipalities have boundaries less <br />than four miles apart, each is authorized to control the subdivision of land equal <br />distance from its boundaries within this area However, if a municipality extends <br />the application of its subdivision or zoning regulations to unincorporated terri­ <br />tory, upon the petition of any county board or town board alfected by the subdi- <br />1 <br />yiyon or zoning <br />thre« member cot <br />pal. town and coi <br />subdivision reguU <br />»ithin two miles t <br />erning bodies to ; <br />ment for purpose <br />time before the j» <br />lations which the <br />Subd. 2. ( R <br />Subd. 2a. Tc <br />ulations may ad <br />improvement of <br />curbs and gutters, <br />and other utilities <br />the protection am <br />tion. energy, air <br />shall require that <br />if one exists and <br />official controls a <br />tain classes or kir <br />the comprehensiv <br />vation of agricult <br />ing permits for <br />approval has not <br />condition its app <br />electric, gas, dra <br />ments or. in lieu <br />certified check, i <br />surety and condit <br />improvements wil <br />the municipality, <br />approval on comp <br />sions of the regu <br />terms and condit <br />ments and conditi <br />Subd. 2b. D <br />tion of any prop <br />public use as str <br />water drainage a <br />ments. <br />In addition. <br />proposed subdivi; <br />parks.1parks, playgrounc <br />choose to accept <br />of the portion req <br />the fair market va <br />any cash payment <br />used only for the <br />the reasonable pt <br />space, park, recr <br />proposes to reset <br />determines that i <br />stated in this para <br />MST-'R