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Adult Day Care Page 1 of 2 <br /> Susan Hall <br /> From: Bach, Jeannette <br /> Sent: Monday, March 10, 2003 5:12 PM <br /> To: 'shall @ci.saint-anthony.mn.us' <br /> Subject: Adult Day Care <br /> Dear Ms. Hall: <br /> This message responds to your request for information on regulating adult day care. <br /> Certain day care situations for adults must be permitted uses under state law. For example, M.S. 462.357 Subd. <br /> 7 requires licensed day care facilities serving 12 or fewer persons to be permitted uses in a single family <br /> residential zone. There are a couple of other thresholds described in that subdivision for other uses that did not <br /> seem to match the description of the information you were seeking, but you may wish to read it and decide for <br /> yourself: http://www.revisor.leg.state.mn.us/stats/462/357.html <br /> Likewise, licensed day care facilities serving between 13 and 16 persons in multiple family zoning district must be <br /> permitted under Subdivision 8. <br /> Subdivision 6A'requires the definition of person must be the same as used in M.S. 245A.02, Subdivision 11. <br /> Here is a link to that statute: http://www.revisor.leg.state.mn.us/stats/245A/02.html <br /> The only regulation left to cities is to impose conditions as outlined in Subdivision 8. I found a couple of examples <br /> of cities setting conditions in our files, and one setting conditions for this use, but in light <br /> industrial/commercial/business zones. They are not available electronically, but I will fax them to you at the city <br /> number. <br /> The Department of Trade and Economic Development maintains information about the requirements for various <br /> state licensures on its website. Here is a link to the page containing information on adult day care licenses: <br /> http://www.dted.state mn.us/01x03xO2xO5.asp?LicenselD=5381 It lists the state statute chapters and the <br /> administrative rule chapters that apply to it, and provides links to them. <br /> I apologize for the delay in getting this material to you. We have been experiencing a backlog of inquiries lately. <br /> As usual, this is intended as general information on your topic, not legal advice, and should not be used as a <br /> substitute for competent legal guidance. The samples may assist you in drafting your own ordinances, but will <br /> need to be tailored to meet your city's needs. As a legal document, any ordinance you draft should be reviewed <br /> by the city attorney before final council action. <br /> If I can be of any other assistance please contact me. <br /> Jeannette Bach, Research Manager <br /> League of Minnesota Cities <br /> 800-925-1122 <br /> 651.-281-1223 <br /> jbach @lmnc.org <br /> This email has been scanned for all viruses by the MessageLabs SkyScan <br /> service. For more information on a proactive anti-virus service working <br /> around the clock, around the globe, visit http://www.messagelabs.com <br /> 3/11/2003 <br />