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Mr. Dennis Welsch <br />January 6,2006 <br />Page 2 of 6 <br />Group homes constitute pe�itted single family uses for zoning purposes if they fall <br />within the following: <br />A state 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 persons, <br />and a group family day care facility licensed under Minnesota <br />Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children <br />shall be considered a permitted single family residential usc of <br />property for the purposes of zoning, except that a residential <br />facility whose primary purpose is to treat juveniles who have <br />violated criminal statutes relating to sex offenses or have been <br />adjudicated delinquent on the basis of conduct in violation of <br />criminal statutes relating to sex offenses shall not be considered a <br />permitted use. <br />Minn. Stat. � 462.357, subd. 7. <br />By way of reference, a"housing with services establishment" as used in the statute is <br />defined by Minnesota Rules chapter 144D as follows: "an establishment providing sleeping <br />accommodations to one or more adult residents, at least 80 percent of which are 55 years of <br />age or older, and offering or providing, for a fee, one or more regularly scheduled health- <br />related services or two or more regularly scheduled supportive services, whether offered or <br />provided directly by the establishment or by another entity arranged for by the establishment." <br />Minn. R. 144D.01, subd. 4(a). But age is not a limitation; a"housing with services <br />establishment" can also include an establishment that does not meet the 80 percent of residents <br />age 55 years or older requirement or a supportive housing establishment to end long-term <br />homelessness if specially registered. Id.; Minn. R. 144D.025. <br />Besides the provision for single family zoning, the statute also establishes provisions for <br />larger group homes to constitute permitted multifamily uses in a n�ult��fainily zoning district: <br />Except as otherwise provided in subdivision 7 or in any town, <br />municipal or county zoning regulation as authorized by this <br />subdivision, a state licensed residential facility serving from 7 <br />through 16 persons or a licensed day care facility serving from 13 <br />through 16 persons shall be considered a permitted multifamily <br />residential use of property for purposes of zoning. <br />