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descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the
<br />request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The
<br />governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such
<br />written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the
<br />city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance
<br />would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes
<br />and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report
<br />in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of
<br />the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed
<br />ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation
<br />at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such
<br />hearing, and shall have reported to the governing body of the city its findings and recommendations in writing.
<br />£Subd. 6.Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon
<br />compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following
<br />powers with respect to the zoning ordinance:
<br />(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made
<br />by an administrative officer in the enforcement of the zoning ordinance.
<br />(2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on
<br />nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance
<br />and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance
<br />establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection
<br />with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by
<br />the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the
<br />variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical
<br />difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances
<br />216C.06, subdivision 14, when in harmony with the ordinance.
<br />shall be granted for earth sheltered construction as defined in section
<br />The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not
<br />allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body
<br />as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or
<br />governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and
<br />must bear a rough proportionality to the impact created by the variance.
<br />Subd. 6a.Normal residential surroundings for persons with disabilities. It is the policy of this state that persons with
<br />disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal
<br />residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision
<br />11.
<br />Subd. 7.Permitted single family use. A state licensed residential facility, including an assisted living facility under chapter
<br />144G, serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility
<br />licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single
<br />family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat
<br />juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
<br />violation of criminal statutes relating to sex offenses shall not be considered a permitted use.
<br />Subd. 8.Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning
<br />regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day
<br />care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of
<br />zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper
<br />maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than
<br />those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are
<br />necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or
<br />prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation.
<br />Subd. 9.Development goals and objectives. In adopting official controls after July 1, 2008, in a municipality outside the
<br />metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential,
<br />commercial, and industrial development so that the new development takes place in areas subject to the following goals and
<br />objectives:
<br />(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration
<br />of appropriate minimum lot sizes;
<br />(2) minimizing further development in sensitive shoreland areas;
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