Menahga City Zoning Code
§ 151.12
USES ALLOWED BY STATE STATUTE.
The legislature has adopted various provisions by statute requiring local governments to treat certain uses as permitted or conditional uses within their respective jurisdictions for the purposes of zoning regulations. Notwithstanding the general prohibition of uses not expressly allowed by this chapter, this chapter shall be interpreted as also allowing those uses the legislature expressly requires the city to allow. Such uses shall be classified as provided in the legislative mandate and shall only be allowed in those areas described in the applicable statute and only to the extent and scope as prescribed in the statute. For example, M.S. § 462.357, Subdivision 7 requires a licensed daycare facility serving 12 or fewer persons to be considered a permitted single-family residential use of property. As such, this chapter shall be interpreted as allowing that specific use as a permitted residential use, but only up to a capacity of 12 persons. A proposed use that exceeds the scope described in the statute shall not be allowed unless the expanded use is expressly allowed by this chapter. Furthermore, if the statute indicates the use is to be allowed as a conditional use, the use may only occur upon the submission of an application and receipt of a conditional use permit from the city. All mandated uses shall obtain a land use permit and all other permits and permissions as required by this chapter and all other applicable laws.
(Ord. passed 12- -24)