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Agenda - Planning Commission - 04/04/2013
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Agenda - Planning Commission - 04/04/2013
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
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04/04/2013
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RELEVANT LINKS: <br />Minn. Stat. §§ 327.31 - <br />327.35. <br />Minn. Stat. § 462.357, <br />subd.l . <br />For more information on <br />manufactured homes and <br />parks see the LMC <br />Information Memo, <br />Manufactured Homes and <br />Zoning: Comprehensive <br />Advice. <br />Minn. Stat. § 327.32, subd. 5. <br />Minn Stat. § 462.357, subds. <br />la, lb. <br />See Section III -A, <br />Establishing permitted and <br />conditional uses. <br />42 U.S.C. § 2000cc. <br />See LMC Information Memo, <br />Zoning for Religion. <br />b) Manufactured homes <br />No city zoning regulation may prohibit manufactured homes built in <br />conformance with the manufactured home building code and which comply <br />with all other zoning ordinances promulgated pursuant to state law. <br />Cities can apply architectural and aesthetic requirements to manufactured <br />homes, but only if the same architectural and aesthetic requirements also <br />apply to all other single - family homes in the zoning district, not just to <br />manufactured homes. <br />c) Manufactured home parks <br />A manufactured home park must be allowed as a conditional use in any <br />zoning district that allows the construction or placement of a building used <br />or intended to be used by two or more families. Standards for granting the <br />conditional use should be explicitly stated in the city ordinance. <br />Cities cannot enact, amend, or enforce a zoning ordinance that has the effect <br />of altering the existing density, lot -size requirements, or manufactured home <br />set back requirements in any manufactured home park constructed before <br />January 1, 1995, if the manufactured home park, when constructed, <br />complied with the then existing density, lot -size and setback requirements, if <br />any. <br />3. Federal law considerations: The Religious Land <br />Use and Institutionalized Persons Act <br />The Religious Land Use and Institutionalized Persons Act (RLUIPA) of <br />2000 provides that no government entity shall impose or implement a land <br />use regulation in a manner that puts a substantial burden on the religious <br />exercise of a person, religious assembly or religious institution, unless the <br />government can show the burden is in furtherance of a compelling <br />government interest and is the least restrictive means of furthering that <br />interest. This means that a religious use may be, in some circumstances, <br />exempted from city zoning requirements if the regulation substantially <br />burdens the religious organization or person's exercise of religion. <br />RLUIPA also provides that no government may impose or implement a land <br />use regulation in a manner that: <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 11 <br />
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