HF 3938

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

A bill for an act
relating to human services; modifying certain licensing and zoning requirements;
amending Minnesota Statutes 2022, section 245A.11, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 245A.11, subdivision 2, is amended to read:

Subd. 2.

Permitted single-family residential use.

(a) Residential programs with a
licensed capacity of six or fewer persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other land use regulations, except
that a residential program whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis
of conduct in violation of criminal statutes relating to sex offenses shall not be considered
a permitted use. This exception shall not apply to residential programs licensed before July
1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by
operation of restrictive covenants or similar restrictions, regardless of when entered into,
which cannot be met because of the nature of the licensed program, including provisions
which require the home's occupants be related, and that the home must be occupied by the
owner, or similar provisions.

deleted text begin (b) Unless otherwise provided in any town, municipal, or county zoning regulation,
licensed residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including intermediate care facilities for persons
with developmental disabilities, with a licensed capacity of seven to eight persons shall be
considered a permitted single-family residential use of property for the purposes of zoning
and other land use regulations. A town, municipal, or county zoning authority may require
a conditional use or special use permit to assure proper maintenance and operation of the
residential program. Conditions imposed on the residential program must not be more
restrictive than those imposed on other conditional uses or special uses of residential property
in the same zones, unless the additional conditions are necessary to protect the health and
safety of the persons being served by the program. This paragraph expires July 1, 2023.
deleted text end

new text begin (b) A residential program as defined in section 245A.02, subdivision 14, paragraph (b),
with a licensed capacity of six or fewer persons must not be regulated as a rental property
by any town, municipal, or county zoning regulation, unless the program is not actively
serving any residents the commissioner licensed the program to serve.
new text end