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iIN« 462.357 <br />records to <br />iind a list of <br />Jd to by the <br />iroccedings. <br />:fects in the <br />attempt to <br />lay be initi- <br />of affected <br />It not initi- <br />, if there is <br />rning body <br />m the pro- <br />jference of <br />ions of this <br />nents to a <br />only after <br />sent of the <br />within 100 <br />e owner or <br />preceding <br />rity of the <br />Jy of such <br />lew zoning <br />mission or <br />tea of the <br />Jinance or <br />ffect when <br />ins of real <br />ig of such <br />ing board <br />governing <br />immunity, <br />nducted a <br />of which <br />i>f general <br />>uch hear- <br />iring. and <br />reommen- <br />pcals and <br />t any rea- <br />peals and <br />ice: <br />1 error in <br />nistrative <br />the ordi- <br />hardship <br />deration, <br />lions will <br />hardship <br />for solar <br />action as <br />• ^ Pi <br />i <br />k(~ <br />SI <br />fm <br />m <br />•462.358 HOUSING. REDEVELOPMENT, PLANNING, ZONING HOUSING, REDE’defined in section 116H.02, subdivision 3. when in harmony with ih#* .*•The board of appeals and adjustments or the governing bodv asbe, may not oermit as a varianrp nnv thm u ® casebe, may not permit as a variance any use that is not permitted <br />nance for propeny in the zone where the affected person’s land is localcd^A; <br />board or governing body as the case may be, may fiermit as ^va ancel^^ <br />porary use of a one family dwelling as a two family dwelling The hn.ra <br />erning body as the case mav hr» m-iv- __ware or <br />anccs to insure <br />''.•1 <br />this state <br />the case may be may impose conditions in the grantinp <br />compliance and to protect adjacent properties. * <br />Subd. 7. Permitted single family use. In order to implement the »v.r ^ <br />itate that mentally retarded and physically handicapped persons .hW <br />be excluded by municipal zoning ordinances from the benefits of normal <br />tial surroundings, a state licensed group home or foster home scr\tnJ^^ <br />fewer mentally retarded or physically handicapped persons shall be <br />permitted single family residential use of property for the purposes of 2oni« * <br />Subd. 8. Permitted multiTamily use. Unless otherwise provided in <br />town, municipal or county zoning regulation as authorized by this subdivitiftT^ <br />state licensed residential facility serving from 7 through 16 mentally retards * <br />physically handicapped persons shall be considered a permitted multi-famih^ <br />dential use of property for purposes of zoning. A township, municipal or co^ <br />zoning authority may require a conditional use or special use permit in orders <br />assure proper niaintcnance and operation of a facility, provided that no cooT <br />tions shall be imposed on the homes w-hich arc more restrictive than ihott <br />imposed on other conditional uses or special uses of residential property in iW <br />same zones, unless the additional conditions arc necessary to protect the heihi <br />and safely of the residents of the residential facility for the mentally retarded « <br />the physically handicapped. Nothing herein shall be construed to exclude or w». <br />mbit residential homes for the mentally retarded or physically handicapped fros <br />single family zones if otherwise permitted by a local zoning regulation. <br />History: 7965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7: 1973 c 3791 <br />4; 1973 c 539 s 1; 1973 c 559 s 1.2; 1975 c 60 s 2; 1978 c 786 s 14.i5^^Exl9m: <br />S 42,43 <br />462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION RECl- <br />LATIONS. <br />Subdivision 1. [ Repealed, 1980 c 566 s 35 ] <br />Subd. la. Authority. To protect and promote the public health, safety, ud <br />general welfare, to provide for the orderly, economic, and safe development of <br />ff j agricultural lands, to promote the availability of housiof <br />affordable to persons and families of all income levels, and to facilitate adequate <br />provision for transportation, water, sewage, storm drainage, schools, parka, <br />playgrounds, and other public services and facilities, a municipality may by onfi* <br />nance adopt subdivision regulations establishing standards, requirements, and <br />procedures for the review and approval or disapproval of subdivisions. The rego* <br />lations rnay contain varied provisions respecting, and be made applicable only <br />to, certain classes or kinds of subdi’/isions. Th.. regulations shall be uniform fot <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 />“•faction but not in a town which has adopted subdivision regulations; pro* <br />vided that w’here two or more noncontiguous municipalities have boundaries Ic® <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 cxienih <br />the application of its subdivision or zoning regulations to unincorporated terri' <br />tory, upon the petition of any county board or town board affected by the subdi- <br />. .M <br />or zoning regulations, a jointmember committee with one me <br />and county governing bodic <br />Ij <br />1 <br />^ before the joint board adopts sul <br />jifivislon regulations under section <br />two miles of the city located wi <br />bodies to serve as the governii <br />rtior purposes of sections 462.35'» <br />which the municipality has exu <br />Subd. 2. [ Repealed, 1980 c 566 <br />Subd. 2a. Terms of regulations.' <br />rfitions may address w'ithout limit <br />—mivement of lots, structures, pub <br />and gutters, water supply, storm <br />mJ other utilities; the planning and • <br />^ protection and conservation of flo <br />ioo, energy, air quality, and geolo| <br />require that subdivisions be con <br />lone exists and its zoning ordinano <br />iftial controls and the comprehensi <br />■0 classes or kinds of subdivisions it <br />^comprehensive plan and the purp <br />ntk'*’ of agricultural lands The regi <br />permits for any tracts, lots, o <br />ipproval has not been obtained. The <br />ondition its approval on the consti <br />declric, gas, drainage, and water f; <br />aents or, in lieu thereof, on the rec <br />ccttified check, irrevocable letter o' <br />mrety and conditions sufficient to a: <br />inprovements will be constructed or <br />the municipality. The regulations tr.. <br />ipproval on compliance with other r< <br />sons of the regulations and to exe< <br />lenns and conditions of approval. ’ <br />Bents and conditions by appropriate <br />Subd. 2b. Dedication. The regt <br />loo of any proposed subdivision b< <br />public use as streets, roads, sewer; <br />■Iter drainage and holding areas c <br />■tots. <br />In addition, the regulations m; <br />proposed subdivision be dedicated t <br />jj*s, playgrounds, trails, or open S| <br />•bosc to accept an equivalent amoi <br />wAe portion required to be dedicai <br />^ fair market value of the land no <br />•y cash payments received shall be <br />•cd only for the purposes for which <br />reasonable portion to be dedica <br />^ce, park, recreational, or comn: <br />proposes to reserv'c for the subdi\ <br />determines that it will need to acc <br />l^led in this paragraph as a result o <br />% <br />^ j <br />B1 <br />-4 <br />■m <br />t'rf <br />m <br />■ <br />y 32, <br />ment th< <br />held tht <br />A notic« <br />be publ: <br />than tei <br />the day <br />in disti <br />a simile <br />nor mor« <br />ing to < <br />wholly c <br />the amer <br />notice, <br />any app: <br />of ownei <br />and add] <br />to by tJ <br />records <br />to indir <br />not inv« <br />to comol <br />(Amend ec <br />\/^ 32. <br />An amenc <br />action c <br />Planninc« <br />their oi <br />to be cl <br />Commissj <br />study ai <br />Council <br />Planninc <br />days ha\ <br />ment v/il <br />(Amended <br />32. <br />(Repealc <br />32. <br />may be c <br />shall cc <br />rezoninc <br />ment of <br />or in pt <br />fr:>r, th« <br />nt-ii evic <br />by the I <br />(Amendec <br />UK