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Minnesota Legislature

Office of the Revisor of Statutes

HF 2498

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:16pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to zoning; requiring residential day care facilities for children to be
located in the residence of the provider; amending Minnesota Statutes 2014,
sections 245A.14, subdivisions 1, 2; 462.357, subdivisions 7, 8.

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

Section 1.

Minnesota Statutes 2014, section 245A.14, subdivision 1, is amended to read:


Subdivision 1.

Permitted single-family residential use.

new text begin(a) new text endA licensed
nonresidential program with a licensed capacity of 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 and other land use regulations.

new text begin (b) This subdivision applies to a nonresidential child care program or a group
family day care facility only if the facility is located in the residence of the provider. For
purposes of this subdivision, "residence" and "provider" have the meanings given in
Minnesota Rules, part 9502.0315.
new text end

Sec. 2.

Minnesota Statutes 2014, section 245A.14, subdivision 2, is amended to read:


Subd. 2.

Permitted multifamily use.

new text begin(a) new text endExcept as otherwise provided in
subdivision 1 or in a town, municipal, or county regulation, a licensed nonresidential
program with a licensed capacity of 13 to 16 persons shall be considered a permitted
multifamily residential use of property for purposes of zoning. A town, municipal, or
county zoning authority may require a conditional use or special use permit in order
to assure proper maintenance and operation of the program. Conditions imposed on
the nonresidential 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 nonresidential program. Nothing in this chapter shall be construed to
exclude or prohibit nonresidential programs from single-family zones if otherwise
permitted by local zoning regulations.

new text begin (b) This subdivision applies to a nonresidential child care program only if the
program is located in the residence of the provider. For purposes of this subdivision,
"residence" and "provider" have the meanings given in Minnesota Rules, part 9502.0315.
new text end

Sec. 3.

Minnesota Statutes 2014, section 462.357, subdivision 7, is amended to read:


Subd. 7.

Permitted single family use.

new text begin(a) new text endA 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 (b) This subdivision applies to a licensed day care facility or a group family day
care facility only if the facility is located in the residence of the provider. For purposes
of this subdivision, "residence" and "provider" have the meanings given in Minnesota
Rules, part 9502.0315.
new text end

Sec. 4.

Minnesota Statutes 2014, section 462.357, subdivision 8, is amended to read:


Subd. 8.

Permitted multifamily use.

new text begin(a) new text endExcept 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. 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.

new text begin (b) This subdivision applies to a licensed day care facility only if the facility is
located in the residence of the provider. For purposes of this subdivision, "residence" and
"provider" have the meanings given in Minnesota Rules, part 9502.0315.
new text end