§ 21.302.23  RESIDENTIAL CARE FACILITIES.
   (a)   Purpose. The following standards are intended to accommodate residential care facilities while protecting the public health, safety, and general welfare of the community.
   (b)   Review and approval. New freestanding residential care facilities must receive either final site and building plan approval or final development plan approval prior to issuance of a building permit. Residential care facilities of certain sizes in certain zoning districts (see the use tables in § 21.209) require a conditional use permit.
      (1)   All necessary permits and licenses must be obtained from state, county and city agencies.
      (2)   If the size, location, licensing, or purpose of a facility with a conditional use permit changes, a new or amended conditional use permit may be required.
   (c)   Where allowed. See § 21.209 of this code for the classification of residential care facilities within the zoning districts.
      (1)   Except where exempt in M.S. § 245A.11, as it may be amended from time to time, no residential care facility may be located within 1,320 feet of another existing or approved residential care facility, as measured without regard to intervening structures or objects from the closest point of the residential care facility's site boundaries to the closest point of an existing residential care facility's site boundaries.
      (2)   The facility may not be located in a two-family or multiple-family dwelling unless it occupies the entire structure.
   (d)   Standards.
      (1)   All facilities.
         (A)   Services. On-site services must only be for residents of the facility.
         (B)   Compliance with other sections. Residential care facilities must meet applicable standards within city code, including but not limited to:
            (i)   Refuse and recycling (§ 21.301.17);
            (ii)   Landscaping (§ 21.301.15);
            (iii)   Exterior storage (§ 21.301.16);
            (iv)   Height (§ 21.301.10);
            (v)   Parking (§ 21.301.06); and
            (vi)   Lighting (§ 21.301.07).
         (C)   Prohibited facilities. The following facilities are prohibited in single-family zoning districts (R-1, R-1A, and RS-1).
            (i)   Facilities where the primary purpose of the facility is to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses.
            (ii)   Facilities that provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals.
            (iii)   Facilities that accept court ordered referrals for treatment in lieu of incarceration without adequate security.
      (2)   Reserved.
      (3)   Facilities serving seven or more persons.
         (A)   Compatibility. All new construction or additions to existing structures must be compatible with the scale and character of the surrounding neighborhood and existing structures.
         (B)   Landscape buffer. A perimeter landscape buffer is required pursuant to screening requirements contained in § 21.301.15 (d)(2), where the facility site directly abuts property that is either zoned or guided for single-family residential use.
         (C)   Management plan. A management plan for the facility must be submitted with any conditional use permit application, which includes but is not limited to the following:
            (i)   Program operation;
            (ii)   Staffing;
            (iii)   Security detail;
            (iv)   Access control;
            (v)   Smoking locations; and
            (vi)   Floor plans showing sleeping areas, emergency exits, and bathrooms.
         (D)   Staffing. The facility must be staffed on a 24-hour, seven day a week basis with a minimum staffing component identified in the management plan.
         (E)   Security system. A building security system must be approved by the City Police Department and maintained during the use of the residence.
(Ord. 2015-33, passed 11-16-2015; Ord. 2019-2, passed 1-7-2019; Ord. 2021-7, passed 4-26-2021)