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The prohibition in IMC 9.06.030 shall not apply to the following:

A. An owner or lessee of real property that is located within a zoning district permitting both residential uses and siting of a secure community transition facility as shown in IMC 18.402.020, and within 1,000 feet of a public or private school or day care operation that is established after August 16, 2005, and who has rented, leased, or otherwise legally allowed to reside on said real property a person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender; provided, however, that such exception shall not apply in the event said resident ceases to reside at the premises after the establishment of the public or private school or day care operation.

B. An owner or operator of a secure community transition facility as defined in IMC 18.102.230. (Ord. 3023 § 11, 2023; Ord. 2428 § 3, 2005).