Minnesota Legislature
HF 2497
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/17/2016 05:05pm
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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 begin or
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
462.3593new text end .
Sec. 2.
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) "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) "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
(e) "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 licensed to practice in this state.
new text end
new text begin
(f) "Temporary family health care 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 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) 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
(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 one-ton pickup truck as
defined in section 168.002, subdivision 21b;
new text end
new text begin
(10) be built to American National Standards Institute Code 119.2; and
new text end
new text begin
(11) be equipped with a backflow check valve.
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. 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. Only one temporary health care dwelling is allowed on a lot.
new text end
new text begin
(b) Prior to installing a temporary family health care dwelling, a caregiver or relative
must first obtain a permit from the county. The permit application must include, at a
minimum:
new text end
new text begin
(1) the name, address, and telephone number of the primary caregiver who is
responsible for the care of the mentally or physically impaired person and the signature
of the primary caregiver;
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; and
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
(c) Unless otherwise provided by ordinance, the county may charge a fee of up to
$100 for the initial permit and a renewal fee of up to $50. The initial permit is valid for
six months. The applicant may renew the permit once for a period of time negotiated
between the applicant and the county. The county may not withhold an initial 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 as long as the temporary family
health care dwelling remains on the property. The county may inspect the temporary
family health care dwelling at reasonable times convenient to the caregiver to determine
if the dwelling is occupied and is meeting the requirements of this section. The county
may require, by ordinance, that the applicant submit a certification from a doctor that the
mentally or physically impaired person needs assistance with two or more instrumental
activities of daily living.
new text end
new text begin
(d) 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, as if the temporary family health care dwelling were permanent real property.
new text end
new text begin
(e) 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 provided for in this section.
new text end
new text begin
(f) The county may revoke the permit granted pursuant to paragraph (d) if the permit
holder violates any requirement of this section. If the county revokes a permit, the permit
holder must be allowed 60 days from the date of revocation to remove the temporary
family health care dwelling.
new text end
new text begin
(g) Temporary family health care dwellings must be taxed on proper application
of chapter 168.
new text end
Sec. 3.
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) "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) "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
(e) "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 licensed to practice in this state.
new text end
new text begin
(f) "Temporary family health care 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 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) 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
(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 one-ton pickup as defined
in section 168.002, subdivision 21b;
new text end
new text begin
(10) be built to American National Standards Institute Code 119.2; and
new text end
new text begin
(11) be equipped with a backflow check valve.
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.
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. Only one temporary health care dwelling is allowed on a lot.
new text end
new text begin
(b) Prior to installing a temporary family health care dwelling, a caregiver or relative
must first obtain a permit from the municipality. The permit application must include,
at a minimum:
new text end
new text begin
(1) the name, address, and telephone number of the primary caregiver who is
responsible for the care of the mentally or physically impaired person and the signature
of the primary caregiver;
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; and
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
(c) Unless otherwise provided by ordinance, the municipality may charge a fee of up
to $100 for the initial permit and a renewal fee of up to $50. The initial permit is valid
for six months. The applicant may renew the permit once for a period of time negotiated
between the applicant and the municipality. 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 as long as the
temporary family health care dwelling remains on the property. The municipality may
inspect the temporary family health care dwelling at reasonable times convenient to the
caregiver to determine if the dwelling is occupied and is meeting the requirements of
this section. The municipality may require, by ordinance, that the applicant submit a
certification from a doctor that the mentally or physically impaired person needs assistance
with two or more instrumental activities of daily living.
new text end
new text begin
(d) 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, as if the temporary family health care dwelling were permanent real property.
new text end
new text begin
(e) 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 provided for in this section.
new text end
new text begin
(f) The municipality may revoke the permit granted pursuant to paragraph (d) if the
permit holder violates any requirement of this section. If the municipality revokes a
permit, the permit holder must be allowed 60 days from the date of revocation to remove
the temporary family health care dwelling.
new text end
new text begin
(g) Temporary family health care dwellings must be taxed on proper application
of chapter 168.
new text end
Sec. 4. new text begin TRANSITION OF EXISTING TEMPORARY FAMILY HEALTH CARE
DWELLINGS.
new text end
new text begin
A caregiver who is caring for a mentally or physically impaired person who resides
in a temporary family health care dwelling on the effective date of this act must apply for
a permit as provided in Minnesota Statutes, section 394.307, subdivision 3, or Minnesota
Statutes, section 462.3593, subdivision 3, within 30 calendar days of the effective date of
this act, unless the dwelling is already permitted pursuant to other law or ordinance. The
county or municipality must not impose a fee for the initial permit.
new text end
Sec. 5. new text begin SEVERABILITY.
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. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 5 are effective the day following final enactment.
new text end