(A) Purpose. In order to reduce the likelihood of recidivism, provide for the public safety, provide protection and security for crime victims, maintain neighborhood stability, re-integrate former offenders into the mainstream, law-abiding community, prevent homelessness among returning offenders, and facilitate support and supervision for offenders, the city finds it desirable to provide for locations within the city where offender transitional housing can be established subject to the limitations of this code. In addition, the offender transitional housing shall comply with all other provisions of the city code regarding rental licensing requirements. If there is a conflict between this section and another provision of the Le Sueur City Code, the more restrictive provisions shall prevail.
(B) Separation and concentration in zoning districts. Offender transitional housing may be established in a zoning district that allows residential occupancy and only on a parcel that is at least as far as the distances indicated in the table below from another existing, or approved but not yet constructed, offender transitional housing use in any zoning district:
Zoning Designation Separation Required | Separation Required |
R-1 and special districts and PUD's with underlying R-1 zoning | > = 1,000 feet |
R-2 and special districts and PUD's with underlying R-2 zoning | > = 1,000 feet |
All other Residential Districts | > = 1,000 feet |
All other Zoning Districts | > = 800 feet |
(C) Concentration in residential zones. In residentially zoned areas (R-1 through R-5 and special districts and planned unit developments with underlying residential zoning), a proposed offender transitional housing use may not cause the number of offender transitional housing uses within a radius of 1.5 times the required separation distance of the proposed offender transitional housing use to exceed 0.5% of the total number of dwellings for developed neighborhoods within that radius, of 0.5% of the planned dwellings or permissible dwellings within that radius for partly undeveloped neighborhoods.
(D) Offender transitional housing in non-residential zones. In non-residential zones where dwelling and/or lodging units are permitted, a proposed offender transitional housing use that is within 1,000 feet of a residential zone may not cause the sum of the population capacity of offender transitional housing to exceed 10% of the sum of the dwelling units and lodging units in parcels within a radius of 1,000 feet of a proposed offender transitional housing use, except that where the sum of dwelling and lodging units within 1,000 feet is fewer than 100, the population capacity of offender transitional housing or lodging units shall not exceed ten persons.
(E) Offender transitional housing for sex offenders. Any offender transitional housing providing or intending to provide housing to a designated sex offender as defined by state law or administrative rule must meet the separation requirements provided in this division. Except where otherwise specified, the separation distances shall be measured from the property lines of both the offender housing and the facility and/or property from which it shall be separated. Separation by distance of not less than 2,000 feet is required from the following facilities:
(1) Public parks in existence at the date of application for a license under this division;
(2) A licensed family day care or child care facility in existence at the date of application for a license under this division;
(3) Public or private nursery schools, elementary schools, secondary schools, and post-secondary schools, in existence at the date of application for a license under this division.
(4) A state licensed residential facility as referenced in M.S. § 462.357, § 115.07 of this code, and in existence at the date of application for a license under this division; and
(F) The residents of the offender transitional housing shall be limited to only those offenders that were convicted of an offense while residents of Le Sueur County and the residents shall only reside in the premises for a period not to exceed 12 months.
(G) Offender transitional housing license. An offender transitional housing use must obtain a license prior to any occupancy of such use. The license shall be subject to the occupancy restrictions of the underlying zoning district requirements. In non-residential districts a license shall only be issued if the underlying zoning district permits such use.
(H) The license shall be subject to suspension or revocation if conditions of approval are violated or if a violation of Federal, state or local law occurs by a tenant or license holder that impacts the safety and welfare of the tenants or public. If an offender transitional housing use is discontinued for a period of 12 consecutive months or if a license is revoked, there shall be no presumed right to reinstatement and any use at the location shall be considered in the same manner as a new use.
(I) Prior to the establishment of offender transitional housing, the state agency responsible for the supervision of the offender shall send notice to all property owners within 2,000 feet of the property to be used for offender transitional housing. The notice shall state the intent of the state agency to establish offender transitional housing and the place and time of a public meeting, to be held within the city limits of the city, at which meeting the state agency will provide details to the public regarding the proposed offender transitional housing.
(J) The rental license for a dwelling used for offender transitional housing shall contain the contact information for the state agency and a local agent that is employed by the state agency. At the public meeting, the name and contact information of the local contact/agent shall be supplied to the attendees.
(K) Existing offender transitional housing. Offender transitional housing existing on the date of the enactment of this ordinance shall immediately obtain a license under this division and shall comply with the other provisions of this section within 12 months of chapter adoption. If the property currently used for offender transitional housing does not conform to the provisions of this section, it shall cease operation within 12 months of the adoption of this section or adjust the operation of the offender transitional housing to comply with this section.
(Ord. 549, passed 10-12-2015)