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SF 782

as introduced - 90th Legislature (2017 - 2018) Posted on 02/10/2017 09:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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 2016, section 245A.11, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 245A.11, subdivision 4, is amended to read:


Subd. 4.

Location of residential programs.

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 410.015
new text end ; or (4) the program is foster care, or a
community residential setting as defined under section 245D.02, subdivision 4a.