HF 2211

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services facilities; permitting 
  1.3             local zoning authorities to impose restrictions on 
  1.4             residential programs serving adults with a history of 
  1.5             physical or sexual aggression; amending Minnesota 
  1.6             Statutes 1994, sections 245A.11, subdivision 3; and 
  1.7             462.357, subdivision 8; Minnesota Statutes 1995 
  1.8             Supplement, sections 245A.11, subdivision 2; and 
  1.9             462.357, subdivision 7. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.12  245A.11, subdivision 2, is amended to read: 
  1.13     Subd. 2.  [PERMITTED SINGLE-FAMILY RESIDENTIAL USE.] 
  1.14  Residential programs with a licensed capacity of six or fewer 
  1.15  persons shall be considered a permitted single-family 
  1.16  residential use of property for the purposes of zoning and other 
  1.17  land use regulations, except that the following shall not be 
  1.18  considered permitted uses:  (1) a residential program whose 
  1.19  primary purpose is to treat juveniles who have violated criminal 
  1.20  statutes relating to sex offenses or have been adjudicated 
  1.21  delinquent on the basis of conduct in violation of criminal 
  1.22  statutes relating to sex offenses shall not be considered a 
  1.23  permitted use; or (2) a residential program which treats adults 
  1.24  with a history of physical or sexual aggression.  Programs 
  1.25  otherwise allowed under this subdivision shall not be prohibited 
  1.26  by operation of restrictive covenants or similar restrictions, 
  1.27  regardless of when entered into, which cannot be met because of 
  2.1   the nature of the licensed program, including provisions which 
  2.2   require the home's occupants be related, and that the home must 
  2.3   be occupied by the owner, or similar provisions. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 245A.11, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [PERMITTED MULTIFAMILY RESIDENTIAL USE.] Unless 
  2.7   otherwise provided in any town, municipal, or county zoning 
  2.8   regulation, a licensed residential program with a licensed 
  2.9   capacity of seven to 16 persons shall be considered a permitted 
  2.10  multifamily residential use of property for the purposes of 
  2.11  zoning and other land use regulations.  A town, municipal, or 
  2.12  county zoning authority may require a conditional use or special 
  2.13  use permit to assure proper maintenance and operation of a 
  2.14  residential program.  Conditions imposed on the residential 
  2.15  program must not be more restrictive than those imposed on other 
  2.16  conditional uses or special uses of residential property in the 
  2.17  same zones, unless the additional conditions are necessary to 
  2.18  protect the health and safety of the general public or the 
  2.19  persons being served by the program.  Nothing in sections 
  2.20  245A.01 to 245A.16 shall be construed to exclude or prohibit 
  2.21  residential programs from single-family zones if otherwise 
  2.22  permitted by local zoning regulations. 
  2.23     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.24  462.357, subdivision 7, is amended to read: 
  2.25     Subd. 7.  [PERMITTED SINGLE FAMILY USE.] A state licensed 
  2.26  residential facility serving six or fewer persons, a licensed 
  2.27  day care facility serving 12 or fewer persons, and a group 
  2.28  family day care facility licensed under Minnesota Rules, parts 
  2.29  9502.0315 to 9502.0445 to serve 14 or fewer children shall be 
  2.30  considered a permitted single family residential use of property 
  2.31  for the purposes of zoning, except that the following shall not 
  2.32  be considered permitted uses:  (1) a residential facility whose 
  2.33  primary purpose is to treat juveniles who have violated criminal 
  2.34  statutes relating to sex offenses or have been adjudicated 
  2.35  delinquent on the basis of conduct in violation of criminal 
  2.36  statutes relating to sex offenses shall not be considered a 
  3.1   permitted use; or (2) a residential program which treats adults 
  3.2   with a history of physical or sexual aggression. 
  3.3      Sec. 4.  Minnesota Statutes 1994, section 462.357, 
  3.4   subdivision 8, is amended to read: 
  3.5      Subd. 8.  [PERMITTED MULTIFAMILY USE.] Except as otherwise 
  3.6   provided in subdivision 7 or in any town, municipal or county 
  3.7   zoning regulation as authorized by this subdivision, a state 
  3.8   licensed residential facility serving from 7 through 16 persons 
  3.9   or a licensed day care facility serving from 13 through 16 
  3.10  persons shall be considered a permitted multifamily residential 
  3.11  use of property for purposes of zoning.  A township, municipal 
  3.12  or county zoning authority may require a conditional use or 
  3.13  special use permit in order to assure proper maintenance and 
  3.14  operation of a facility, provided that no conditions shall be 
  3.15  imposed on the facility which are more restrictive than those 
  3.16  imposed on other conditional uses or special uses of residential 
  3.17  property in the same zones, unless the additional conditions are 
  3.18  necessary to protect the health and safety of the general public 
  3.19  or the residents of the residential facility.  Nothing herein 
  3.20  shall be construed to exclude or prohibit residential or day 
  3.21  care facilities from single family zones if otherwise permitted 
  3.22  by a local zoning regulation.