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considered a permitted single-family use for <br />zoning purposes. The restriction is designed <br />to protect "in -home" daycare facilities, but <br />the law applies even if the facility is not the <br />primary residence of the day care provider. <br />This creates a loophole for providers to use a <br />single-family home as a commercial daycare <br />facility, which might not otherwise be <br />allowable under a city zoning ordinance. <br />Response: Cities should have statutory <br />authority to require agencies as well as <br />licensed and registered providers that <br />operate residential care facilities to notify <br />the city before properties are operated. <br />Cities should be provided with the <br />necessary contact information once a <br />facility is licensed or registered. <br />Providers applying to operate residential <br />care facilities should be required to <br />contact the city to be informed of <br />applicable local regulations. The <br />Legislature should also require <br />establishment of non -concentration <br />standards for residential care facilities to <br />prevent clustering. Finally, licensing or <br />registering authorities must be <br />responsible for removing any residents <br />incapable of living in such an <br />environment, particularly if they become <br />a danger to themselves or others. <br />The Legislature should amend Minn. <br />Stat. 245A.11, subd. 4 to allow for <br />appropriate non -concentration standards <br />for all types of cities. <br />The Legislature should amend Minn. <br />Stat. § 462.357, subd. 7 to clarify that a <br />licensed day care facility serving 12 or <br />fewer persons is considered a permitted <br />single-family use only if the license holder <br />owns or rents and resides in the home. <br />LE-12. Post -Incarceration Living <br />Facilities <br />Issue: Sufficient funding and oversight is <br />needed to ensure that residents living in <br />post -incarceration living facilities have <br />appropriate care and supervision, and that <br />neighborhoods are not disproportionately <br />impacted by high concentrations of these <br />types of facilities. Under current law, <br />operators of certain post -incarceration living <br />facilities are not required to notify cities <br />when they intend to purchase single family <br />housing for these purposes. Cities do not <br />have authority to regulate the locations of <br />post -incarceration living facilities. Cities <br />have reasonable concerns about the safety of <br />facility residents and neighborhoods, <br />particularly in cases of public safety. Cities <br />also have an interest in preserving a balance <br />in residential neighborhoods between this <br />type of facilities and other uses. It is in the <br />best interest of providers to inform and work <br />with cities before opening a facility in order <br />to educate providers of community <br />standards and expectations. <br />Response: Cities should have statutory <br />authority to require agencies, as well as <br />licensed and registered providers, that <br />operate post -incarceration living facilities <br />to notify the city before properties are <br />operated. Cities should be provided with <br />the necessary contact information once <br />licensed or registered. Providers applying <br />to operate post -incarceration living <br />facilities should be required to contact the <br />city to be informed of applicable local <br />regulations. The Legislature should also <br />require establishment of non - <br />concentration standards for post - <br />incarceration living facilities to prevent <br />clustering. Finally, licensing or registering <br />authorities must be responsible for <br />removing any residents incapable of <br />living in such an environment, <br />League of Minnesota Cities <br />2015 City Policies Page 54 <br />