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HF 2497

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 09:14am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; regulating zoning of temporary family health care
dwellings; proposing coding for new law in Minnesota Statutes, chapters 394;
462.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [394.307] ZONING OF TEMPORARY FAMILY HEALTH CARE
DWELLING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Activities of daily living" means bathing, dressing, personal hygiene,
ambulation or locomotion, transferring, toileting, medication management, meal
preparation, and eating.
new text end

new text begin (c) "Caregiver" means an individual 18 years of age or older who (1) provides
care for a mentally or physically impaired person, and (2) is a relative of the mentally or
physically impaired person for whom the individual is caring.
new text end

new text begin (d) "Mentally or physically impaired person" means a person who is a resident
of this state and who requires assistance with two or more activities of daily living as
certified in writing by a physician licensed to practice in this state.
new text end

new text begin (e) "Relative" means a spouse, parent, child, sibling, uncle, aunt, nephew, or niece
of the mentally or physically impaired person. Relative includes half, step, and in-law
relationships.
new text end

new text begin (f) "Temporary family health care dwelling" means a mobile residential dwelling
that provides an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person and that meets the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Temporary family health care dwelling requirements. new text end

new text begin A temporary
family health care dwelling must:
new text end

new text begin (1) be primarily assembled at a location other than its site of installation;
new text end

new text begin (2) be limited to one occupant who must be a mentally or physically impaired person;
new text end

new text begin (3) be no more than 300 gross square feet;
new text end

new text begin (4) not be placed on a permanent foundation;
new text end

new text begin (5) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (6) be connected to the water, sewer, and electric utilities that are serving the
principal dwelling on the lot;
new text end

new text begin (7) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
new text end

new text begin (8) have a minimum insulation rating of R-15;
new text end

new text begin (9) be able to be installed, removed, and transported by a ..... vehicle; and
new text end

new text begin (10) have a measurement height from ground level to interior floor that does not
exceed 15 inches.
new text end

new text begin Subd. 3. new text end

new text begin County requirements. new text end

new text begin (a) A county must consider a temporary family
health care dwelling as a permitted accessory use in any single-family residential zoning
district on lots zoned for single-family detached dwellings if the temporary family health
care dwelling is located on property where a caregiver or relative resides.
new text end

new text begin (b) Only one temporary family health care dwelling is allowed on a lot.
new text end

new text begin (c) A county must not require a conditional use permit or interim use permit for a
temporary family health care dwelling, unless required for other accessory use structures.
A temporary family health care dwelling must comply with all setback requirements
that apply to the primary structure and with any maximum floor area ratio limitations
that may apply to the primary structure.
new text end

new text begin (d) Prior to installing a temporary family health care dwelling, a caregiver or relative
must first obtain a permit from the county. The county may charge a fee of up to $100 for
the initial permit and an annual renewal fee of up to $50. The county may not withhold
a permit if the applicant provides proof of compliance with this section. The county
may require that the applicant provide evidence of compliance with this section on an
annual basis as long as the temporary family health care dwelling remains on the property.
The evidence may involve the inspection by the county of the temporary family health
care dwelling at reasonable times convenient to the caregiver, not limited to an annual
compliance confirmation, and annual renewal of the doctor's certification.
new text end

new text begin (e) A temporary family health care dwelling installed under this section must comply
with all applicable state laws, local ordinances, and other requirements, as if the temporary
family health care dwelling were permanent real property.
new text end

new text begin (f) Any temporary family health care dwelling installed pursuant to this section
must be removed within 60 days after the mentally or physically impaired person is no
longer receiving or is no longer in need of the assistance described in this section. If
the temporary family health care dwelling is needed for another mentally or physically
impaired person, the temporary family health care dwelling may continue to be used, or
may be reinstated on the property.
new text end

new text begin (g) The county may revoke the permit granted pursuant to paragraph (d) if the permit
holder violates any requirement of this section.
new text end

new text begin (h) Temporary family health care dwellings must be personally taxed based on
proper application of chapter 168.
new text end

Sec. 2.

new text begin [462.3593] ZONING OF TEMPORARY FAMILY HEALTH CARE
DWELLING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Activities of daily living" means bathing, dressing, personal hygiene,
ambulation or locomotion, transferring, toileting, medication management, meal
preparation, and eating.
new text end

new text begin (c) "Caregiver" means an individual 18 years of age or older who (1) provides
care for a mentally or physically impaired person, and (2) is a relative of the mentally or
physically impaired person for whom the individual is caring.
new text end

new text begin (d) "Mentally or physically impaired person" means a person who is a resident
of this state and who requires assistance with two or more activities of daily living as
certified in writing by a physician licensed to practice in this state.
new text end

new text begin (e) "Relative" means a spouse, parent, child, sibling, uncle, aunt, nephew, or niece
of the mentally or physically impaired person. Relative includes half, step, and in-law
relationships.
new text end

new text begin (f) "Temporary family health care dwelling" means a mobile residential dwelling
that provides an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person and that meets the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Temporary family health care dwelling requirements. new text end

new text begin (a) A temporary
family health care dwelling must:
new text end

new text begin (1) be primarily assembled at a location other than its site of installation;
new text end

new text begin (2) be limited to one occupant who must be a mentally or physically impaired person;
new text end

new text begin (3) be no more than 300 gross square feet;
new text end

new text begin (4) not be placed on a permanent foundation;
new text end

new text begin (5) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (6) be connected to the water, sewer, and electric utilities that are serving the
principal dwelling on the lot;
new text end

new text begin (7) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
new text end

new text begin (8) have a minimum insulation rating of R-15;
new text end

new text begin (9) be able to be installed, removed, and transported by a ..... vehicle; and
new text end

new text begin (10) have a measurement height from ground level to interior floor that does not
exceed 15 inches.
new text end

new text begin Subd. 3. new text end

new text begin Municipal requirements. new text end

new text begin (a) A municipality must consider a temporary
family health care dwelling as a permitted accessory use in any single-family residential
zoning district on lots zoned for single-family detached dwellings if the temporary family
health care dwelling is located on property where a caregiver or relative resides.
new text end

new text begin (b) Only one temporary family health care dwelling is allowed on a lot.
new text end

new text begin (c) A municipality must not require a conditional use permit or interim use permit
for a temporary family health care dwelling, unless required for other accessory use
structures. A temporary family health care dwelling must comply with all setback
requirements that apply to the primary structure and with any maximum floor area ratio
limitations that may apply to the primary structure.
new text end

new text begin (d) Prior to installing a temporary family health care dwelling, a caregiver or relative
must first obtain a permit from the municipality. The municipality may charge a fee of up
to $100 for the initial permit and an annual renewal fee of up to $50. The municipality
may not withhold a permit if the applicant provides proof of compliance with this section.
The municipality may require that the applicant provide evidence of compliance with this
section on an annual basis as long as the temporary family health care dwelling remains on
the property. The evidence may involve the inspection by the municipality of the temporary
family health care dwelling at reasonable times convenient to the caregiver, not limited to
an annual compliance confirmation, and annual renewal of the doctor's certification.
new text end

new text begin (e) A temporary family health care dwelling installed under this section must comply
with all applicable state laws, local ordinances, and other requirements, as if the temporary
family health care dwelling were permanent real property.
new text end

new text begin (f) Any temporary family health care dwelling installed pursuant to this section
must be removed within 60 days after the mentally or physically impaired person is no
longer receiving or is no longer in need of the assistance described in this section. If
the temporary family health care dwelling is needed for another mentally or physically
impaired person, the temporary family health care dwelling may continue to be used, or
may be reinstated on the property.
new text end

new text begin (g) The municipality may revoke the permit granted pursuant to paragraph (d) if
the permit holder violates any requirement of this section.
new text end

new text begin (h) Temporary family health care dwellings must be personally taxed based on
proper application of chapter 168.
new text end

Sec. 3. new text beginSEVERABILITY.
new text end

new text begin If any provision of this act is found to be unconstitutional and void, the remaining
provisions of this act are valid.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective ....... and applies to a temporary family health care dwelling
existing on or after that date, except that no county or municipality may impose a fee as
authorized by sections 1 and 2 on any temporary family health care dwelling in place
on or before the effective date.
new text end