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$250 for each deficiency not corrected. A forfeiture order may be appealed in accordance with the procedures set forth in section 245.801. All for- feitures shall be paid into the general fund. Any unpaid forfeitures may be recovered by the attorney general. History: 1976 c 243 s 10 245.81 [Repealed, 1976 c 243 s 15] 245.811 FEES The commissioner may .charge a reasonable fee for the issuance or renewal of a license except that no fee may be charged to a day care or residential facility for the mentally retarded. In no event shall the fee exceed $150. Fees may be waived at the discretion of the commissioner. History: 1976 c 243 s 11 245.812 LOCATION AND ZONING. Subdivision 1. No license or provisional license shall be granted when the issuance of the license would substantially contribute to the excessive concentration of residential facilities within any town, municipality or county of the state. Subd. 2. In determining whether a license shall be issued, the com- missioner shall specifically consider the population, size, land use plan, availability of community services and the number and size of existing public and private community residential facilities in the town, municipa- lity or county in which an applicant seeks to operate a residence. Under no circumstances may the commissioner newly license any group residential faci- lity pursuant to Laws 1976, Chapter 243 if such residential facility will be within 1,320 feet of any existing group residential facility unless the appropriate town, municpality or county zoning authority grants the facility a conditional use or special use permit. With the exception of foster family homes the requirements of this subdivision apply to all licensed residential facilities, and for cities of the first class apply even if a facility is considered a permitted single family residential use of property according to subdivision 3. Subd. 3. A licensed residential facl,l�y serving six or fewer persons or a licensed day care facility serving-"r or fewer persons shall be con- sidered a permitted single family residential use of property for the pur- poses of zoning. Subd. 4. Unless otherwise provided in any town, municipal or county zoning regulation, a licensed day care or residential facility serving from seven through sixteen persons shall be considered a permitted multi -family residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use per- mit in order rJ assure proper maintenance and operation of a facility, pro- vided that no conditions shall be imposed on the home! which are more restrictive than those imposed on other conditional rises or special uses of residential property in the same zones, unless such additional conditions are necessary to protect the health and safety of the residents of the facility. Nothing herein shall be construed to exclude or prohibit residen- tial homes from single family zones if otherwise permitted by a local zoning regulation.