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Attachment D <br />Tim Gladhill <br />From: Burkett, Jed [JBurkett©Imc.org] <br />Sent: Monday, July 19, 2010 3:34 PM <br />To: Tim Gledhill <br />Subject: RE: State Licensed Residential Facility <br />Tim, You will need to work with your city attorney for specific legal advice concerning your fact situation. <br />Minn. Stat. Sec. 462.357 subds. 6 to 8 provide protection for group homes in residential zoning districts, as follows: <br />Subd. 6a.Normal residential surroundings for persons with disabilities. <br />It is the policy of this state that persons with disabilities should not be excluded by municipal zoning <br />ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of <br />subdivisions 6a through 9, "person" has the meaning given in section 245A.02. subdivision 11. <br />Subd. 7.Permitted single family use. <br />A state licensed residential facility or a housing with services establishment registered under chapter I44D <br />serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day <br />care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall <br />be considered a permitted single family residential use of property for the purposes of zoning, except that a <br />residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex <br />offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to <br />sex offenses shall not be considered a permitted use. <br />Subd. 8.Permitted multifamily use. <br />- Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as <br />authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a <br />licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily <br />residential use of property for purposes of zoning. A township, municipal or county zoning authority may <br />require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, <br />provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on <br />other conditional uses or special uses of residential property in the same zones, unless the additional conditions <br />are necessary to.protect the health and safety of the residents of the residential facility. Nothing herein shall be <br />construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted <br />by a local zoning regulation. <br />httos://www.revisor.mn.eov/statutesnid=462.357 <br />The statute does not otherwise define the term "state licensed residential facility" but presumably it encompasses a <br />whole host of residential facilities that are state licensed. The state licensing of residential facilities is complicated, <br />involving both the department of health (MDH) and depart of human services (DHS), with different types of licenses and <br />standards depending on the type of facility. <br />A good resource for understanding of state regulatory landscape of treatment facilities is House Research guidebook <br />Regulation of Health and Human Services Facilities. To quote from the introduction of the guidebook. <br />1 <br />41 <br />