Agenda Packets - 1983/01/09 - Laserfiche WebLink

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41,36 4637 DFTARIMEN I' OF 1'11111.IC WELFARE 245.312 m If. upon rem+pectioo, it is found lh;tl the operator has ]till cnirected the deficiency of deficiencies specified in the Nncclioll order, (lie operamr may he aeency required w forfeit to the state within 15 daw a aol of up to $250 for aneh lion 2 dcfivlow% not cot iected. A forfeiture urdei nit I,v appe;ded in accordance with ON). the pnncvdure:s sel fords in section 2,15,801. Alf fofciuucs QUIll he paid into the .t the general fund. Any unpmlid forfeitures may he recoveled 11y the attousey general. : and Ilhtury: 1976 c 2•1.1 .a 10 ounis- 245.81 IKCpealed, 1976 c 243 s 151 •ecipt al of 245.811 11•:IS. The Commissioner nuty charge ;I reasonable fee for the issuculcc or renewal I a licenu except that no fee maphe charged to a day, care or residential facility for .oral, the nwnLills retarded. In no event shtdl the fee exceed 5150. Pecs may he waived a1 lire dierrelion of the commissioner. used History: 1976 c 243 s Il -if to y�5.612� 1.0(7XI'I0N AND ZONING. Suhdivisiolt I. No license or provisional license shall be graveled when the any issuance of the license would substantially conlfiluile It) toe excessive concelill'a- lion of residential facilities within any town, municipality or county of [Ile stale. Subd. 2. In determining whether a license shall be issued, the commissioner shall specifically consider the population, size, land use plan, availability of community services and !lie number and size of existing public and private community residential facilities in the town, municipality or Counly in which an I me, applicant seeks to operate n residence. Under too circumstances may the commis - old stoner newly license any group residential facility pursuant to sections 245.781 to the 245.812 and 252.28, subdivision 2 if such residential facility will be within I,320 are 31111 t feel of ally existing group residential facility unless the appropriate town, munici- the facility a conditional use or special use lay pality or county' zoning authority grants pcnnll. With the exception of foster family homes the requirements of this of subdivision apply to all licensed residential facilities, and for cities of the first class •nil apply even if a facility is considered a permitted single family residential use of 111- „Ins toaccording to subdivision 3. � .9 licensed residential facility serving six or fewer persons or to shall he considered a � fK t ay care facility serving ten or fewer nuns tat ermitled single family residential use of property for ale purposes of zoning. he t`` ! Unless otherwise provided in any town, municipal or county of Is, ,.,,'':•,,,,? _pb, '—''�"-iwiing regulation, a licensed day care or residential facility serving from seven through sixteen persons shall he considered a permitted multi -family residential l osc of property for purposes of Tatting. A township. municipal or county zoning authority may require a conditional use or special use permit in order to assure he proper nninicmmcc ;uul operation of ;I L•Icility, provided that till conditions shall be imposed tin ale homes which are more restrictive than those imposed oil other conditional uses or special uses of residential property in the same zones, unless such additional conditions are necessary to protect the belth and safety of the facility. Nothing herein shall he construed to exclude or prohibit residents of the residential homes from single family zones if otherwise permitted by a local zoning ie regulation. Subd. 5. Notwithstanding any, law to the contrary, no license or provisional license shall he issued under sections 245.781 ill 245.812 and 252.28, subdivision 2 without 30 days written notice from the conmlissiuner to the affected municipality or other political subdivision.