2019.03.04 CC Packet - Laserfiche WebLink

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Page 2 Summary of Hugo City Code Regulations for Residential Facilities Currently the Hugo City Code allows residential facilities between one to six persons as a permitted use and between seven and 16 persons as a conditional use in all residential zoning districts, including Rural Residential (RR), Future Urban Service (FUS), Agricultural (AG), and Long Term Agricultural (LA) zoning districts. The code includes a definition for residential facilities, as define below: Residential facility means any facility licensed by the state or county, which for gain or otherwise, regularly provides one or more persons with 24 hours per day care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment. Residential facilities include, but are not limited to institutions under the control of the commissioner of public welfare, foster homes, haivay houses, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. It seems as though the intent of the City Code definition was to allow a type of facility that is transient in nature that provides a number of services for a temporary period of time. It names several facilities that would be of a transient nature as examples of what are allowed. Under this definition, assisted living facilities, or other uses of that type, where people would move out of their home and live full time in the facility, would not apply. State Statute covers a wide variety of licensed residential facilities, which may include assisted living facilities, or other uses of that type. It is unclear, but may be best to assume it does. 2. CONCLUSION: There are inconsistencies between the State Statute and Hugo City Code in regards to residential facilities, such as the definition and zoning provisions. It is in staff s opinion that the ordinance should be updated to ensure compliance with State Statute. 3. RECOMMENDATION: Staff recommends the City Council authorize staff to have discussions with the Ordinance Review Committee (ORC) on amendments to the City Code in regards to residential facilities to become compliant with State Statute.