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HF 2497

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/13/2016 08:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/29/2016
1st Engrossment Posted on 03/17/2016
2nd Engrossment Posted on 03/31/2016

Current Version - 2nd Engrossment

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A bill for an act
relating to local government; regulating zoning of temporary family health care
dwellings; adding temporary family health care dwellings to the definition of a
housing with services establishment; amending Minnesota Statutes 2014, section
144D.01, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 394; 462.

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

Section 1.

Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read:


Subd. 4.

Housing with services establishment or establishment.

(a) "Housing
with services establishment" or "establishment" means:

(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or

(2) an establishment that registers under section 144D.025.

(b) Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter 245D;

(4) a board and lodging establishment which serves as a shelter for battered women
or other similar purpose;

(5) a family adult foster care home licensed by the Department of Human Services;

(6) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

(7) residential settings for persons with developmental disabilities in which the
services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or laws;

(8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person
in exchange for services or rent, or both;

(9) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; deleted text beginor
deleted text end

(10) services for persons with developmental disabilities that are provided under
a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, or under chapter 245Dnew text begin; or
new text end

new text begin (11) a temporary family health care dwelling as defined in sections 394.307 and
462.3593
new text end.

Sec. 2.

new text begin [394.307] TEMPORARY FAMILY HEALTH CARE DWELLINGS.
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) "Caregiver" means an individual 18 years of age or older who:
new text end

new text begin (1) provides care for a mentally or physically impaired person; and
new text end

new text begin (2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
new text end

new text begin (c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1, paragraph (i).
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 instrumental activities of daily
living as certified in writing by a physician or a physician assistant licensed to practice in
this state, or a certified nurse practitioner.
new text end

new text begin (e) "Relative" means a spouse, parent, child, grandchild, 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" or "dwelling" means a mobile
residential dwelling providing an environment facilitating a caregiver's provision of care
for a mentally or physically impaired person 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. 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 no more than 300 gross square feet;
new text end

new text begin (3) not be attached to a permanent foundation;
new text end

new text begin (4) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (5) provide access to water, sewer, and electric utilities either by connecting to the
utilities that are serving the principal dwelling on the lot or by other comparable means;
new text end

new text begin (6) 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 (7) have a minimum insulation rating of R-15;
new text end

new text begin (8) be able to be installed, removed, and transported by a one-ton pickup truck as
defined in section 168.002, subdivision 21b;
new text end

new text begin (9) be built to American National Standards Institute Code 119.2; and
new text end

new text begin (10) be equipped with a backflow check valve.
new text end

new text begin Subd. 3. new text end

new text begin Temporary conditional use; application. new text end

new text begin (a) Unless the county has
designated temporary health care dwellings as permitted uses, a temporary health care
dwelling is a temporary conditional use subject to the provisions in this section. A
temporary family health care dwelling that meets the requirements of this section as a
temporary conditional use cannot be prohibited under any other local ordinance regulating
accessory uses or recreational vehicle parking or storage.
new text end

new text begin (b) The caregiver or relative must get a temporary conditional use permit from the
county. The permit application must be signed by the primary caregiver and the owner
of the property on which the dwelling will be located, and the resident of the property
if different from the owner, and include:
new text end

new text begin (1) the name, address, and telephone number of the property owner, the resident of
the property if different from the owner, and the primary caregiver responsible for the care
of the mentally or physically impaired person; and the name of the mentally or physically
impaired person who will live in the dwelling;
new text end

new text begin (2) proof of the provider network from which the mentally or physically impaired
person may receive respite care, primary care, or remote patient monitoring services;
new text end

new text begin (3) an executed contract for septic service management or other proof of adequate
septic service management;
new text end

new text begin (4) an affidavit that the applicants have provided notice to adjacent property owners
and residents of the application for the temporary conditional use permit; and
new text end

new text begin (5) a general site map to show the location of the dwelling and other structures
on the lot.
new text end

new text begin (c) The temporary family health care dwelling must be located on property where
the caregiver or relative resides. A 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. The dwelling must be located on the lot so that
septic services and emergency vehicles can gain access to the dwelling in a safe and
timely manner.
new text end

new text begin (d) A temporary family health care dwelling is limited to one occupant who is
identified in the application and only one temporary health care dwelling is allowed on a lot.
new text end

new text begin (e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and other
requirements.
new text end

new text begin Subd. 4. new text end

new text begin Initial permit term; renewal. new text end

new text begin The initial temporary conditional use permit
is valid for six months. The applicant may renew the permit once for an additional six
months, or a longer period of time negotiated between the applicant and the county.
new text end

new text begin Subd. 5. new text end

new text begin Inspection. new text end

new text begin The county may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The county may inspect the dwelling at reasonable
times convenient to the caregiver to determine if the dwelling is occupied and meets
the requirements of this section.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of permit. new text end

new text begin The county may revoke the temporary conditional
use permit if the permit holder violates any requirement of this section. If the county
revokes a permit, the permit holder has 60 days from the date of revocation to remove
the temporary family health care dwelling.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin Unless otherwise provided by ordinance, the county may charge a fee
of up to $100 for the initial permit and up to $50 for a renewal of the permit.
new text end

new text begin Subd. 8. new text end

new text begin No public hearing required; application of section 15.99. new text end

new text begin (a) Due to the
time-sensitive nature of issuing a temporary conditional use permit for a temporary family
health care dwelling, the county does not have to hold a public hearing on the request.
new text end

new text begin (b) The procedures governing the time limit for deciding an application for the
temporary conditional use permit under this section are governed by section 15.99, except
that a county has 15 days to issue a permit requested under this section or to deny it. If the
county receives a written request that does not contain all required information, the 15-day
limit starts over only if the county sends written notice within five business days of receipt
of the request telling the requester what information is missing. Notwithstanding section
15.99, subdivision 3, paragraph (f), the county cannot extend the period of time to decide.
new text end

new text begin Subd. 9. new text end

new text begin Opt-out. new text end

new text begin A county may by resolution opt-out of the requirements of
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to
temporary conditional use permit applications made under this section on or after that date.
new text end

Sec. 3.

new text begin [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS.
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) "Caregiver" means an individual 18 years of age or older who:
new text end

new text begin (1) provides care for a mentally or physically impaired person; and
new text end

new text begin (2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
new text end

new text begin (c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1, paragraph (i).
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 instrumental activities of daily
living as certified in writing by a physician or physician assistant licensed to practice in
this state, or a certified nurse practitioner.
new text end

new text begin (e) "Relative" means a spouse, parent, child, grandchild, 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" or "dwelling" means a mobile
residential dwelling providing an environment facilitating a caregiver's provision of care
for a mentally or physically impaired person 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. 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 no more than 300 gross square feet;
new text end

new text begin (3) not be attached to a permanent foundation;
new text end

new text begin (4) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (5) provide access to water, sewer, and electric utilities either by connecting to the
utilities that are serving the principal dwelling on the lot or by other comparable means;
new text end

new text begin (6) 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 (7) have a minimum insulation rating of R-15;
new text end

new text begin (8) be able to be installed, removed, and transported by a one-ton pickup truck as
defined in section 168.002, subdivision 21b;
new text end

new text begin (9) be built to American National Standards Institute Code 119.2; and
new text end

new text begin (10) be equipped with a backflow check valve.
new text end

new text begin Subd. 3. new text end

new text begin Temporary conditional use; application. new text end

new text begin (a) Unless the municipality
has designated temporary health care dwellings as permitted uses, a temporary health
care dwelling is a temporary conditional use subject to the provisions in this section. A
temporary family health care dwelling that meets the requirements of this section as a
temporary conditional use cannot be prohibited under any other local ordinance regulating
accessory uses or recreational vehicle parking or storage.
new text end

new text begin (b) The caregiver or relative must get a temporary conditional use permit from
the municipality. The permit application must be signed by the primary caregiver and
the owner of the property on which the dwelling will be located, and the resident of the
property if different from the owner, and include:
new text end

new text begin (1) the name, address, and telephone number of the property owner, the resident of
the property if different from the owner, and the primary caregiver responsible for the care
of the mentally or physically impaired person; and the name of the mentally or physically
impaired person who will live in the dwelling;
new text end

new text begin (2) proof of the provider network from which the mentally or physically impaired
person may receive respite care, primary care, or remote patient monitoring services;
new text end

new text begin (3) an executed contract for septic service management or other proof of adequate
septic service management;
new text end

new text begin (4) an affidavit that the applicants have provided notice to adjacent property owners
and residents of the application for the temporary conditional use permit; and
new text end

new text begin (5) a general site map to show the location of the dwelling and other structures
on the lot.
new text end

new text begin (c) The temporary family health care dwelling must be located on property where
the caregiver or relative resides. A 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. The dwelling must be located on the lot so that
septic services and emergency vehicles can gain access to the dwelling in a safe and
timely manner.
new text end

new text begin (d) A temporary family health care dwelling is limited to one occupant who is
identified in the application and only one temporary health care dwelling is allowed on a lot.
new text end

new text begin (e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and other
requirements.
new text end

new text begin Subd. 4. new text end

new text begin Initial permit term; renewal. new text end

new text begin The initial temporary conditional use permit
is valid for six months. The applicant may renew the permit once for an additional six
months, or a longer period of time negotiated between the applicant and the municipality.
new text end

new text begin Subd. 5. new text end

new text begin Inspection. new text end

new text begin The municipality may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The municipality may inspect the dwelling at reasonable
times convenient to the caregiver to determine if the dwelling is occupied and meets
the requirements of this section.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of permit. new text end

new text begin The municipality may revoke the temporary
conditional use permit if the permit holder violates any requirement of this section. If the
municipality revokes a permit, the permit holder has 60 days from the date of revocation
to remove the temporary family health care dwelling.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin Unless otherwise provided by ordinance, the municipality may charge
a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
new text end

new text begin Subd. 8. new text end

new text begin No public hearing required; application of section 15.99. new text end

new text begin (a) Due to the
time-sensitive nature of issuing a temporary conditional use permit for a temporary family
health care dwelling, the municipality does not have to hold a public hearing on the request.
new text end

new text begin (b) The procedures governing the time limit for deciding an application for the
temporary conditional use permit under this section are governed by section 15.99,
except that a municipality has 15 days to issue a permit requested under this section or to
deny it. If the municipality receives a written request that does not contain all required
information, the 15-day limit starts over only if the municipality sends written notice
within five business days of receipt of the request telling the requester what information is
missing. Notwithstanding section 15.99, subdivision 3, paragraph (f), the municipality
cannot extend the period of time to decide.
new text end

new text begin Subd. 9. new text end

new text begin Opt-out. new text end

new text begin A municipality may by resolution opt-out of the requirements
of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, and applies to
temporary conditional use permit applications made under this section on or after that date.
new text end