Memo2January 9, 1987
MEMORANDUM
To: Zoning & Planning Commission
From: Nancy S. Anderson
Subject: Day Care
The current City Ordinance regarding Day Care is
not in conformance with the State Statute. We are planning
to change the ordinance in the near future. Enclosed is the
State Statute regarding day care and also the City
Attorneys' opinion regarding this matter.
•
Date: November 10, 1986
To: Nancy Anderson
From: Jerre Miller
Re: Day Care Centers
C I T Y O F H O P K I N S
I have reviewed the material you furnished me on this subject and
together with reviewing the statutes at our meeting with yourself
and Mr. Anderson, it appears the Hopkins zoning ordinance
pertaining to day care centers is in conflict with Minnesota
Statute 245.812 which mandates licensure of day care centers in
single and multiple zoned districts.
The statute permits licensure of six or less in a residentially
licensed facility and 12 or less in a day care facility.
This statute does appear to give the City an opportunity to review
the license by compelling a conditional use permit for license
applications in multiple dwelling zoned districts. The use of the
conditional use permit affords the City an opportunity to review
the license and determine the condition and operation of the
proposed location.
In any event, a response must be made to the zoning notification
furnisha.Qthe City by the State of Minnesota, Human Services
Department within 30 days of their receipt.
I recommend the ordinance be amended to match the requirements of
the statute coupled with the requirement of conditional use permits
for any application within a multi le residence district.
MEMO
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
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DEPARTMENT OF PUBLIC WELFARE § 245.812
245.81 Repealed by Laws 19'76, c. 243, § 15, eff. July 1, 1976
Asylums and Institutional
cilities C,3.
Historical Note
the foregoing sections by this act,
any rules and regulations prprnulg:rt:
et1 thereunder shall remain in effect
until expressly superseded by the
rules and regulations promulgated
under sections 2 to 14.
This section, derived from Laws
1971, c. 627, 4 4, related to the licens-
ing of day care facilities and services
for the mentally i11, inebriate and
physically handicapped. See', now, #
245.781 et seq.
Laws 1976, c. 243, § 15, also pro-
vides: Notwithstanding the repeal of
245.811 Fees
The commissioner may charge a reasonable fee for the issu-
ance 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.
Laws 1976, c. 243, § 11, eff. July 1, 1976.
Library References
Cate Fa C..1.5. Asylums and Institutional
('are Facilities $$ 5 to 8.
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 commissioner shall specifically consider the population, size,
land use plan, availability of community services and the num-
ber and size of existing public and private community residen-
tial facilities in the town, municipality or county in which an ap-
plicant seeks to operate a residence. Under no circumstances
may the commissioner newly license any group residential facili-
ty pursuant to sections 245.781 to 245.812 and 252.28, subdivi-
sion 2 if such residential facility will be within 1,320 feet of any
existing group residential facility unless the appropriate town,
municipality or county zoning authority grants the facility a
conditional use or special use permit. With the exception of fos-
ter 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.
53
t
§ 245.812 PUBLIC WELFARE
Subd. 3. A licensed residential facility serving six or fewer
persons or a licensed day care facility serving ten or fewer per-
sons shall be considered a permi of z single family residential use
of property for the purposes
Subd. 4. Unless otherwise provided in any town, municipal or
county zoning from
seven through sixteen persons shall residential facil-
ity serving fro consid-
m seven
eyed a permitted multi - family use of
countyrzon pur-
au-
poses of zoning. A township,
thority may require a conditional use or special use permit in or-
der to vid e d that n pro no co ndit ons shall be imposed operation
on the ahomes facility, which
vidd that imposed on other conditional
are more restrictive than those imp property in the same
uses or special uses of residential p ro P
zones, unless such additional of the are necessary
facility. Nothing
the health and safety Nothing
prohibit residential
herein shall be construed to exclude or p
homes from single family zones if otherwise permitted by
a local zoning regulation. no license
Subd. 5. Notwithstanding any law to the contrary,
1 to
or provisional license be
without 30 days written 7 Sotice
245.812 and 252.28, subdivision or other po
from the commissioner to the affected municipality
litical subdivision.
Subd. 6. No state funds shall be made e facilities i le or be ex-
peded by any state or local agency
and
sections 245.781 to 245.812 d vision 5 have been complied l es th in
until the provisions of
full.
Subd. 7. Residential facilities for
exemptlfromthe re-
established on or before July 1, 1 ' r
quirements of this section until July 1,
1984. The commissioner
shall develop a mechanism for adult mentally ensuring pill by
section by residential facilities
July 1, 1984.
Laws 1976, c. 243, § 12, eff. July 1, 1976. Amended s 19 s 197 , c. c.
42, § 1; Laws 1980, c. 612, § 1, eff. April 25, 1980 ;
art. 2, § 16 ; Laws 1981, 1st Sp., c. 4, art. 1, §§ 119 to 121.
Historical Note
The 1979 amendment increased the The 1980 amendment deleted "Ex-
permitted size of licensed day care cept as specified in
nt the second see•
to "ten or fewer persons". facilities from "six or fewer persons" from the beg-inning n roue"
rsons " tence of subd. 2, substituted ' K
54
for
"res i
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Add
125,
PARTMENT OF HUMAN SERVICES
e 11 ensure a safe environment
is quality day care services. The
lative committees by February 1, 1985.
or group family day care homes, the
th the state fire marshal and the state
Duilding inspector shall review the rules
;tered and enforced by their agencies.
§ 6, eff. April 26, 1984; Laws 1984, c. 654,
Laws 1985, c. 248, § 70; Laws 1986, c. 444.
iinistrative Code References
temically dependent persons, program stan-
s, see Mn. Rules pt. 9530.0100 et seq.
: ensing facilities, children, adolescents, see
Rules pt. 9545.0010 et seq.
mntally retarded persons, residential pro-
Is, services, see Mn. Rules pt. 9525.0210 et
sidential facilities, services, physically hand-
ed persons, see Mn. Rules pt. 9570.2000,
.2100 et seq.
sidential treatment service, individuals, fam-
see Mn. Rules pt. 9565.3600 et seq.
cial services, children, see Mn. Rules pt.
.0010 et seq.
?sid- " facility or agency required to
52 division 2 without a license is
is The commissioner may seek
ontinuing operation of a day care or
ections 245.781 to 245.812 and 252.28,
mmissioner and the operator has failed
ipt of a written order to do so; or
for a license or renewal of license.
.fight by the attorney general, or by the
•
ty required to be licensed pursuant to
2 prior to obtaining a license is guilty
.781 to 245.812 and 252.28, subdivision
3 restricting any sanctions otherwise
•
DEPARTMENT OF HUMAN SERVICES
245.804. Inspection
Notes of Decisions
1. Tort liability for non - inspection
Evidence supported finding that county had
actual knowledge of child abuse and neglect at
day care home sufficient to establish "special
245.805. Fines
Whenever the commissioner finds, upon inspection of a facility, that the operator is not
in compliance with an applicable law or rule, a correction order shall be issued to the
operator. The correction order shall state the deficiency or deficiencies, cite the specific
law or rules violated, and specify the time allowed for correction.
If, upon reinspection, it is found that the operator has not corrected the deficiency or
deficiencies specified in the correction order, the operator may be required to forfeit to
the state within 15 days a sum of up to $250 for each deficiency not corrected. A
forfeiture order may be appealed in accordance with the procedures set forth in section
245.801. All forfeitures shall be paid into the general fund. Any unpaid forfeitures may
be recovered by the attorney general.
Amended by Laws 1985, c. 248, § 70.
245.811. Fees
Subdivision 1. Commissioner's authority. The commissioner may charge a reason-
able fee for the issuance or renewal of a license except that no fee may be charged for a
family foster care or family day care home license. Fees may be waived at the discretion -
of the commissioner.
Subd. 2. Rules. The commissioner may adopt reasonable rules pursuant to chapter
14 as may be necessary to carry into effect the provisions of subdivision 1.
Amended by Laws 1984, c. 654, art. 5, § 18, eff. May 3, 1984; Laws 1985, c. 248, § 70.
1984 Amendment. Rewrote the section. For
former text, see main volume.
§ 245.812
Administrative Code References
Licensing of facilities for children, day care and
residential facilities, see Mn. Rules pt. 9545.2000
et seq.
245.812. Location and zoning
[See main volume for text of subds. 1 and 2]
Subd. 2a. It is the policy of this state that handicapped persons and children should
not be excluded by municipal zoning ordinances or other land use regulations from the
benefits of normal residential surroundings.
Subd. 3. A licensed residential facility serving six or fewer persons or a licensed day
care facility serving 12 or fewer persons shall be considered a permitted single family
residential use of property for the purposes of zoning.
Subd. 4. Unless otherwise provided in any town, municipal or county zoning regula-
tion, a licensed residential facility serving from seven through sixteen persons or a
licensed day care facility serving from 13 through 16 persons shall be considered a
permitted multifamily residential use of property for purposes of zoning. A township,
municipal or county zoning authority may require a conditional use or special use permit
in order to assure proper maintenance and operation of a facility, provided that no
conditions shall be imposed on the facility which are more restrictive than those imposed
on other conditional uses 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 residential or day
21
duty," and that county failed to carry out its
legal duties before recommending home for li-
censing and relicensing, so that duties imposed
upon county by statutes and rules governing day
care licensing were actionable. Andrade v. El-
lefson, App.1985, 375 N.W.2d 828.
" : 3
" -.‚(- -
§ 245.812 DEPARTMENT OF HUMAN SERVICES
care facilities from single family zones if otherwise permitted by a local zoning regula-
tion.
[See main volume for text of subds. 5 and 6J
Subd. 7. (a) Residential facilities for adult mentally ill persons established on or
before July 1, 1980, are exempt from the requirements of this section until duly 1, 1985.
(b) Before January 1, 1985, each county having one or more group residential facilities
within 1,320 feet of any existing group residential facility shall submit to the department
of human services a plan to promote dispersal of group residential facilities. In
formulating its plan, the county shall solicit the participation of affected persons,
facilities, municipalities having highly concentrated residential facility populations, and
advocacy groups. For purposes of this subdivision, "highly concentrated means having
a population in residential facilities serving seven or more persons that exceeds one -half
of one percent of the population of a recognized planning district or other administrative
subdivision.
(c) Within 45 days after submission of the plan by the county, the commissioner shall
certify whether the plan fulfills the purposes and requirements of this subdivision
including the following requirements.
(1) No new facility serving seven or more persons shall be located in any recognized
planning district or other administrative subdivision where the population in residential
facilities is highly concentrated.
(2) The county plan shall promote dispersal of highly concentrated residential facility
populations. ..:..
(3) The county plan shall promote the development of residential facilities in areas that
are not highly concentrated. =
(4) No person in a residential facility shall be displaced as a result of this section until a
relocation plan has been implemented that provides for an acceptable alternative place-
ment.
(5) If the plan provides for the relocation of residential facilities, the relocation shall be
completed by January 1, 1990.
On certifying that the plan does not do so, the commissioner shall state the reasons, and
the county shall have 30 days to submit a plan amended to comply with the requirements
of the commissioner.
(d) After July 1, 1985, the commissioner may reduce grants pursuant to section 245.73
to a county required to have an approved plan under clause (b) if the county does not have
a plan approved by the commissioner. The county board has the right to be provided with
advance notice and to appeal the . commissioner's decision. If the county requests a
hearing within 30 days of the notification of intent to reduce grants, the commissioner
shall not certify any reduction in grants until a hearing is conducted and a d ecision
rendered in accordance with the contested case provisions of chapter 14.
Amended by Laws 1984, c. 617, §§ 2 to 5, eff. May 3, 1984; Laws 1984, c. 654, art 5, § 58; Laws
1986, c. 444.
1984 Amendments. Laws 1984, c. 617, §§ 2 to
5, added subd. 2a pertaining to state policy; in
subd. 3 substituted "12" for "ten "; in subd. 4
deleted "day care or" preceding "residential fa-
cility" and inserted "or a licensed day care facili-
ty serving from 13 through 16 persons" in the
first sentence, and substituted reference to facil-
ities for reference to homes in the last two
sentences; and rewrote subd. 7. For former
text of subd. 7, see main volume.
1986 Amendment. Laws 1986, c. 444, § 1,
removed gender specific references applicable to
human beings throughout Minn. Stats. by adopt-
ing by reference proposed amendments for such
revision prepared by the revisor of statutes pur-
suant to Laws 1984, c. 480, § 21, and certified
and filed with the secretary of state on Jan. 24,
1986. Section 3 of Laws 1986, c. 444, provides
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