1999 Minnesota Statutes

     245A.11 Special conditions for residential programs. 

    Subdivision 1.    Policy statement.  It is the policy of 
 the state that persons shall not be excluded by municipal zoning 
 ordinances or other land use regulations from the benefits of 
 normal residential surroundings. 

    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.  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. 

    Subd. 2a.    Adult foster care license capacity.  An 
 adult foster care license holder may have a maximum license 
 capacity of five if all persons in care are age 60 or over and 
 do not have a serious and persistent mental illness or a 
 developmental disability.  The commissioner may grant variances 
 to this subdivision to allow the use of a fifth bed for 
 emergency crisis services for a person with serious and 
 persistent mental illness or a developmental disability, 
 regardless of age, provided the variance complies with the 
 provisions in section 245A.04, subdivision 9, and approval of 
 the variance is recommended by the county in which the licensed 
 foster care provider is located. 

    Subd. 2b.    Adult foster care; family adult day care.  
 An adult foster care license holder licensed under the 
 conditions in subdivision 2a may also provide family adult day 
 care for adults age 60 or over if no persons in the adult foster 
 or adult family day care program have a serious and persistent 
 mental illness or a developmental disability.  The maximum 
 combined capacity for adult foster care and family adult day 
 care is five adults.  A separate license is not required to 
 provide family adult day care under this subdivision.  Adult 
 foster care homes providing services to five adults under this 
 section shall not be subject to licensure by the commissioner of 
 health under the provisions of chapter 144, 144A, 157, or any 
 other law requiring facility licensure by the commissioner of 
 health. 

    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.  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 sections 245A.01 to 245A.16 
 shall be construed to exclude or prohibit residential programs 
 from single-family zones if otherwise permitted by local zoning 
 regulations. 

    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 city of the first 
 class; or (4) the program is foster care. 

    Subd. 5.    Overconcentration and dispersal.  (a) Before 
 January 1, 1985, each county having two or more group 
 residential programs within 1,320 feet of each other shall 
 submit to the department of human services a plan to promote 
 dispersal of group residential programs.  In formulating its 
 plan, the county shall solicit the participation of affected 
 persons, programs, municipalities having highly concentrated 
 residential program populations, and advocacy groups.  For the 
 purposes of this subdivision, "highly concentrated" means having 
 a population in residential programs serving seven or more 
 persons that exceeds one-half of one percent of the population 
 of a recognized planning district or other administrative 
 subdivision. 

    (b) Within 45 days after the county submits the plan, the 
 commissioner shall certify whether the plan fulfills the 
 purposes and requirements of this subdivision including the 
 following requirements: 

    (1) a new program serving seven or more persons must not be 
 located in any recognized planning district or other 
 administrative subdivision where the population in residential 
 programs is highly concentrated; 

    (2) the county plan must promote dispersal of highly 
 concentrated residential program populations; 

    (3) the county plan shall promote the development of 
 residential programs in areas that are not highly concentrated; 

    (4) no person in a residential program shall be displaced 
 as a result of this section until a relocation plan has been 
 implemented that provides for an acceptable alternative 
 placement; 

    (5) if the plan provides for the relocation of residential 
 programs, the relocation must be completed by January 1, 1990.  
 If the commissioner certifies that the plan does not do so, the 
 commissioner shall state the reasons, and the county has 30 days 
 to submit a plan amended to comply with the requirements of the 
 commissioner. 

    (c) After July 1, 1985, the commissioner may reduce grants 
 under section 245.73 to a county required to have an approved 
 plan under paragraph (a) if the county does not have a plan 
 approved by the commissioner or if the county acts in 
 substantial disregard of its approved plan.  The county board 
 has the right to be provided with advance notice and to appeal 
 the commissioner's decision.  If the county requests a hearing 
 within 30 days of the notification of intent to reduce grants, 
 the commissioner shall not certify any reduction in grants until 
 a hearing is conducted and a decision made in accordance with 
 the contested case provisions of chapter 14. 

    Subd. 5a.    Integration of residential programs.  The 
 commissioner of human services shall seek input from counties 
 and municipalities on methods for integrating all residential 
 programs into the community. 

    Subd. 6.    Hospitals; exemption.  Residential programs 
 located in hospitals shall be exempt from the provisions of this 
 section. 

    HIST: 1987 c 333 s 12; 1988 c 411 s 6; 1990 c 568 art 2 s 47; 
 1992 c 513 art 9 s 14; 1993 c 10 s 1; 1995 c 224 s 79; 1997 c 
 203 art 7 s 4; 1997 c 248 s 31