HF 2324

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to housing; modifying conditions related to housing with services
establishments; amending Minnesota Statutes 2006, sections 245A.11,
subdivisions 2, 3; 462.357, subdivisions 7, 8.

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

Section 1.

Minnesota Statutes 2006, section 245A.11, subdivision 2, is amended to read:

Subd. 2.

Permitted single-family residential use.

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. new text begin A township, municipal, or county zoning authority may require that a
residential program with a licensed capacity of six or fewer persons be located more than
1,320 feet from an existing residential program in order to prevent overconcentration and
to promote the dispersal of such uses in residential zones. new text end 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.

Sec. 2.

Minnesota Statutes 2006, section 245A.11, subdivision 3, is amended to read:

Subd. 3.

Permitted multifamily residential use.

Unless otherwise provided in
any town, municipal, or county zoning regulation, a licensed residential program with a
licensed capacity of seven to 16 persons shall be considered a permitted multifamily
residential use of property for the purposes of zoning and other land use regulations. new text begin A
township, municipal, or county zoning authority may require that a licensed residential
program with a licensed capacity of seven to 16 persons be located more than 1,320 feet
from an existing residential program in order to prevent overconcentration and to promote
the dispersal of such uses in residential zones. new text end A town, municipal, or county zoning
authority may require a conditional use or special use permit to assure proper maintenance
and operation of a 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. Nothing in this
chapter shall be construed to exclude or prohibit residential programs from single-family
zones if otherwise permitted by local zoning regulations.

Sec. 3.

Minnesota Statutes 2006, section 462.357, subdivision 7, is amended to read:

Subd. 7.

Permitted single family use.

A state licensed residential facility or a
housing with services establishment registered under chapter 144D serving six or fewer
persons, a licensed day care facility serving 12 or fewer persons, and a group family day
care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility 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. new text begin A township, municipal, or county
zoning authority may require that a residential program with a licensed capacity of six or
fewer persons be located more than 1,320 feet from an existing residential program in order
to prevent overconcentration and to promote the dispersal of such uses in residential zones.
new text end

Sec. 4.

Minnesota Statutes 2006, section 462.357, subdivision 8, is amended to read:

Subd. 8.

Permitted multifamily use.

Except as otherwise provided in subdivision 7
or in any town, municipal or county zoning regulation as authorized by this subdivision, a
state licensed residential facility serving from 7 through 16 persons or a licensed day care
facility serving from 13 through 16 persons shall be considered a permitted multifamily
residential use of property for purposes of zoning. new text begin A township, municipal, or county
zoning authority may require that a licensed residential program with a licensed capacity
of seven to 16 persons be located more than 1,320 feet from an existing residential
program in order to prevent overconcentration and to promote the dispersal of such uses
in residential zones. new text end A township, municipal or county zoning authority may require a
conditional use or special use permit in order to assure proper maintenance and operation
of a facility, provided that no conditions shall be imposed on the facility which are 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 residents of the residential facility. Nothing herein shall be
construed to exclude or prohibit residential or day care facilities from single family zones
if otherwise permitted by a local zoning regulation.