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<br />Minnesota Statutes 1997,462.357 <br /> <br />http://www.revisor.leg.state.mn.us/st97/462/357.html <br /> <br />handicapped. It is the policy of this state that handicapped <br />persons and children should not be excluded by municipal zoning <br />ordinances or other land use regulations from the benefits of <br />normal residential surroundings. For purposes of subdivisions <br />6a through 9, "person" has the meaning given in section 245A.02, <br />subdivision 11. <br /> <br />Subd. 7. Permitted single family use. A state <br />licensed residential facility or a housing with services <br />establishment registered under chapter 144D serving six or fewer <br />persons, a licensed day care facility serving 12 or fewer <br />persons, and a group family day care facility licensed under <br />Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or <br />fewer children shall be considered a permitted single family <br />residential use of property for the purposes of zoning, except <br />that a residential facility whose primary purpose is to treat <br />juveniles who have violated criminal statutes relating to sex <br />offenses or have been adjudicated delinquent on the basis of <br />conduct in violation of criminal statutes relating to sex <br />offenses shall not be considered a permitted use. <br /> <br />Subd. 8. Permitted multifamily use. Except as <br />otherwise provided in subdivision 7 or in any town, municipal or <br />county zoning regulation as authorized by this subdivision, a <br />state licensed residential facility serving from 7 through 16 <br />persons or a licensed day care facility serving from 13 through <br />16 persons shall be considered a permitted multifamily <br />residential use of property for purposes of zoning. A township, <br />municipal or county zoning authority may require a conditional <br />use or special use permit in order to assure proper maintenance <br />and operation of a facility, provided that no conditions shall <br />be imposed on the facility which are more restrictive than those <br />imposed on other conditional uses or special uses of residential <br />property in the same zones, unless the additional conditions are <br />necessary to protect the health and safety of the residents of <br />the residential facility. Nothing herein shall be construed to <br />exclude or prohibit residential or day care facilities from <br />single family zones if otherwise permitted by a local zoning <br />regulation. <br /> <br />HIST: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; <br />1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; <br />1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c <br />490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 <br />c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c <br />391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c <br />224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art <br />4 s 11; 1997 c 216 s 138 <br /> <br />Copyright 1997 by the Office of Revisor of Statutes, State of Minnesota. <br /> <br />40f4 <br /> <br />6/15/985:56 PM <br />