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§ 245,4..1 <br /> <br />PUBLIC WELFARE, RELATED ACTIVITIES <br /> <br /> Subd. 2. Permitted single-family residential use. P,.esidential programs <br /> with a licensed capacity of six or fewer persons shall be considered a permitted <br /> single-family residential use of property for the purposes of zoning and other <br /> land use regulations. Programs otherwise allowed under this subdivision shall <br /> not be prohibited by operation of restrictive covenants or similar restrictions, <br /> regard/ess of when entered into, which cannot 'be met because of the nature of <br /> the licensed program, including provisions which require the home's Occupants <br /> be related, and that the home must be occupied by the owner, or similar <br /> provisions. <br /> Subd. 2a. Adult foster care license capacityl An adult foster care license <br />holder may have a maximum license capacity of five if M1 persons in care are <br />age 60 or over and do not kave a serious and persistent mental illness or a <br />'developmental disability. <br /> Subd. 2b. Adult foster care; family adult day ca.re. An adult foster care <br /> license holder licensed under the conditions in subdivision 2a may also provide <br /> family adult day care for adults age 60 or over if no persons in the adult foster <br /> or adult family day care program have a serious and persistent mental illness or <br /> a developmental disability. The maximum combined capacity for adult foster <br /> care and family adult day care is five adults. A separate license is not required <br /> to provide family adult day care under this subdivision. Adult foster care' <br /> homes providing services to five adults under this section shall not be subject to <br /> licensure by the commissioner of health under the provisions of chapter 144, <br /> 144A, 157, or any other law requiring facility licensure by the commissioner of <br /> health. <br /> Subd.'3. Permitted multifamily residential use. Unless otherwise provided <br /> in' any town, municipal, or county zoning regulation, a lice~ed residential <br /> program with a licensed capacity of seven to 16 persons shall be considered a <br /> permitted multifamily residential use of property for the purposes of zoning and <br /> other land use regulations. 'A town, municipal, or county zoning authority may <br /> require a conditional use or special use permit to assure proper maintenance <br /> and operation of.. a residential program. Conditions' imposed on the residential <br /> program must not be more restrictive than those imposed on other conditiomal <br /> uses or special uses of residential property in the same zones, unless the <br /> additional conditions are necessary to protect the health and safety of the <br /> persons being served by the'prograzn. Nothing in sections 245A. 01 to 245A. 16 <br /> shall be construed to exclude or 'prohibit residential programs from singIe- <br /> family zones if otherwise permitted by local zoning regulations. <br /> Subd. 4. Location of residential programs. In determining whether to <br /> grant a license, the 'commissioner shall specifically consider the population, <br /> size, land use plan, availability of community services, and the number and size <br /> of existing licensed residential programs in the town, municipality, or county in <br /> which the applicant seeks to operate a residential program. The commissioner <br /> shall not grant an initial license to any residential program if the residential <br /> program will be within 1,320 feet of an existing residential program unless one <br /> of due following conditions apply: (1) the existing residential program is located <br /> in a hospital licensed by the commissioner of health; (2) the town, municipali- <br /> -109- <br /> <br /> <br />