|
462.357 HOUSING, REDEVELOPMENT, PLANNING, ZONING 852
<br />
<br />should not be excluded by municipal zoning ordinances or other land use regulations
<br />from the benefits of normal residential surroundings. For purposes of subdivisions 6a
<br />through 9, "person" has the meaning given 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 shalI be considered a permitted single family residential
<br />us~ for the purposes of zoning. ·
<br />
<br />~ermitted multifamity 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 uses or special uses of residential property in the same zones, unless the
<br />additional conditions are necessary to protect the health and safety of the residents of
<br />the residential facility. Nothing herein shall be construed to exclude or proh~it residen-
<br />tial or day care facilities from single family zones if otherwise permitted by a local zon-
<br />ing regulation.
<br /> History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1975
<br />c 539 s 7; ]973 c 559 s 1,2; J975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 198I
<br />c 356 s 24& 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; ]986 c 444; ]987 c 333 s 22; I989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art
<br />2 s 66,67
<br />
<br />462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDMSION REGULA-
<br />TIONS.
<br /> Subdivision 1. [Repealed, 1980 c 566 s 35]
<br /> Subd. la. Authority. To protect and promote tile public health, safety, and general
<br />welfare, to provide for the orderly, economic, and safe development of land, to preserve
<br />agricultural lands, to promote the availability ofhousing 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 stan~tards and requirements in the regulations
<br />may address without limitation: the size, location;grading, and improvement of lots,
<br />structures, public areas, streets, roads, trails, walkway.s, curbs and gutters, water supply,
<br />storm drainage, lighting, sewers, electricity, gas, and 9ther utilities; the planning and
<br />design of sites; access to solar energy; and the protection and conservation of flood
<br />plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and
<br />ecologic features. The regulations shall require that subdivisions be consistent with the
<br />municipality's official map if one exists and its zoning ordinance, and may require con-
<br />
<br />
<br />
|