2019.03.04 CC Packet - Laserfiche WebLink

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Agenda Item: J.1 CITY OF HUGO Memorandum TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Discussion on Residential Facilities Regulations in City Code Amendments DATE: February 27, 2019, for the City Council Meeting of March 4, 2019 1. BACKGROUND: Cities have a wide range of discretion in developing a zoning ordinance. City zoning requirements can range from very complex to minimal. However, all city zoning authority and regulation is subject to the Municipal Planning Act per Minnesota State Statute. The Act has specific provisions related to local planning. The provisions that will be discussed in this memo are State licensed residential facilities. State Statute provides regulations for licensed residential facilities in regards to permitted uses in residential zoning districts. The regulations were put in place to provide protection against discrimination of the facilities, including where they are located. The statute does not define the term "state licensed residential facility". Presumably the term encompasses a whole host of residential facilities (group homes, treatment centers, foster homes, etc) that are state licensed, at least to the extent they serve persons with disabilities. Further, the City is required to meet all of the State laws for residential zoning districts for licensed residential facilities. Summary of State Statute Regulations Residential Facilities The State Statute requires cities to allow licensed residential facilities serving six or fewer persons as a permitted use in all single family residential zoning districts. Additionally, it requires cities to allow licensed residential facilities serving between seven and 16 persons as a permitted use in all multi -family zoning districts. For multi -family zoning districts cities may require a conditional use permit (CUP) 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 of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility.