as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2015 09:14am
A bill for an act
relating to human services; modifying the zoning requirements for residential
programs licensed by the commissioner of human services; amending Minnesota
Statutes 2014, section 245A.11, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2014, section 245A.11, subdivision 4, is amended to read:
In determining whether to grant
a license, the commissioner shall specifically consider the population, size, land use
plan, availability of community services, and the number and size of existing licensed
residential programs in the town, municipality, or county in which the applicant seeks
to operate a residential program. The commissioner shall not grant an initial license
to any residential program if the residential program will be within 1,320 feet of an
existing residential program unless one of the following conditions apply: (1) the existing
residential program is located in a hospital licensed by the commissioner of health;
(2) the town, municipality, or county zoning authority grants the residential program a
conditional use or special use permit; (3) the program serves six or fewer persons and is
not located in a deleted text begin city of the first classdeleted text end new text begin home rule charter or statutory city under section
410.015new text end ; or (4) the program is foster care.