Adopt Resolution #12-08-XXX Requesting Review of Minnesota Statutes Related to Permitted Residential Uses

The City Council identified a review of residential uses permitted under Minnesota Statutes as part of the 2012 Strategic Goals. This topic report is intended to provide a general overview of requirements of Minnesota Statutes and protections provided to certain uses.  On May 22, 2012, the City Council reviewed the topic in Work Session and directed Staff to prepare a resolution requesting a review of the applicable Statutes by the Minnesota Legislature. On July 24th, 2012, the City Council reviewed a draft resolution and directed Staff to place on a future agenda for consideration.

No notification required.

Permitted uses within a community are generally governed by the City's zoning ordinance. The City derives its police powers to provide for zoning regulations and enforcement through the State's enabling statute, Chapter 462. Specifically, Minnesota Statute Section 462.357 subd. 6a through subd. 8 provide standards a municipality must adopt as part of its zoning ordinance related to residential surroundings.

Subdivision 6a states that it is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings.

Subdivision 7 provides direction of uses that are permitted in single family areas. Said subdivision further states that these provisions do not apply to facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. Subdivision 7 states that the following shall be considered permitted single-family use:

• A state licensed residential facility or a housing with services establishment registered under chapter 114D serving six (6) or fewer persons.
• A licensed day care facility serving twelve (12) or fewer persons.
• A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve fourteen (14) or fewer children.

Subdivision 8 states the following shall be considered permitted multifamily uses:

• A state licensed residential facility serving from seven (7) through sixteen (16) persons.
• A licensed day care facility serving from thirteen (13) through sixteen (16) persons.

Subdivision 8 further states that the City 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 the additional conditions are necessary to protect the health and safety of the residents of the residential facility. It appears that this provisions applies specifically to multifamily uses.

A common complaint Staff receives on these uses is a lack of advance notification, even though a license is being issued. Under recent amendments, Anoka County now provides some advance notification of a license about to be issued. Prior to that, the City was always notified once a license was issued. However, the City does not have a policy or ordinance that provides for direct notification to adjacent properties, nor a funding mechanism to provide said notification at this time. Furthermore, the City does not require a City-issued license for these uses.

As with all residential uses, the City has provisions found within City Code aimed at preventing permitted uses from becoming a nuisance or become inconsistent with the spirit and intent of the underlying zoning district. Most notably, Chapter 30 of City Code is the Public Nuisance chapter and provides a wide base of enforcement capabilities for situations defined as a Public Nuisance. These defined nuisances range from inoperable vehicles to accumulation of garbage and waste.

Chapter 30 mainly deals with outside conditions of a property. In addition, the City has adopted the International Property Maintenance Code that deals with the condition of buildings and structures. This maintenance code provides guidance in enforcing issues with the maintenance of existing structures. Furthermore, the Minnesota State Building Code provides the City an opportunity to review any modifications to the structure to ensure consistency with the underlying zoning district.

In addition, the City's off-street parking ordinance provides a limit on the number of items that are allowed to be stored outside and on a proper surface. This provision is aimed at preventing excessive off-street parking, and has an indirect effect of limiting the number of vehicle trips experienced under certain circumstances.

Also, the City does have a rental licensing program that applies to certain multi family structures, mainly apartment complexes with a common, internal hallway. In instances where problems arise in these settings, the City would have the opportunity to review the license for these facilities. Consistent with City Council direction and the revised Rental Licensing Program, this would not apply to single family and town home structures.

Finally, the City does have non-zoning related ordinances administered and enforced by the Police Department that protect public safety, public health, public peace and order, and public morals.

Staff recommends that the City Council adopt a resolution consistent with the previous Work Session direction.

The request is being handled as part of regular Staff duties.

Motion to adopt a resolution requesting review of Minnesota Statutes related to Permitted Residential Uses.