HF 3938

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 03:55pm

A bill for an act
relating to human services; modifying certain licensing and zoning requirements;
amending Minnesota Statutes 2022, sections 144G.45, subdivision 3; 245A.11,
subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 144G.45, subdivision 3, is amended to read:

Subd. 3.

Local laws apply.

Assisted living facilities shall comply with all applicable
state and local governing laws, regulations, standards, ordinances, and codes for fire safety,
building, and zoning requirements new text begin , except a facility with a licensed resident capacity of six
or fewer is exempt from rental licensing regulations imposed by any town, municipality,
or county new text end .

Sec. 2.

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 245D.02, subdivision 4a, with a licensed
capacity of six or fewer persons that is actively serving residents for which it is licensed is
exempt from rental licensing regulations imposed by any town, municipality, or county.
new text end