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5.1 PCSR 07-26-2016
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5.1 PCSR 07-26-2016
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0 0 <br /> L EAGUE OF CONNECTING & INNOVATING <br /> MINNESOTA SINCE 1913 <br /> CITIES <br /> Temporary Family Health Care Dwellings of 2016 <br /> Allowing Temporary Structures—What it means for Cities <br /> Introduction: <br /> On May 12,2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to <br /> place mobile residential dwellings on their property to serve as a temporary family health care <br /> dwelling.1 Community desire to provide transitional housing for those with mental or physical <br /> impairments and the increased need for short term care for aging family members served as the <br /> catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short <br /> term care alternative for. a"mentally or physically impaired person",by allowing them to stay in a <br /> "temporary dwelling" on a relative's or caregiver's property.2 <br /> Where can I read the new law? <br /> Until the state statutes are revised to include bills passed this session,cities can find this new bill at <br /> 2016 Laws, Chapter 111. <br /> Does the law require cities to follow and implement the new temporary family <br /> health care dwelling law? <br /> Yes,unless a city opts out of the new law or currently allows temporary family health care <br /> dwellings as a permitted use. <br /> Considerations for cities regarding the opt-out? <br /> These new temporary dwellings address an emerging community need to provide more convenient <br /> temporary care. When analyzing whether or not to opt out, cities may want to consider that: <br /> • The new law alters a city's level of zoning authority for these types of structures. <br /> • While the city's zoning ordinances for accessories or recreational vehicles do not apply, <br /> these structures still must comply with setback requirements. <br /> • A city's zoning and other ordinances, other than its accessory use or recreational vehicle <br /> ordinances, still apply to these structures. Because conflicts may arise between the statute <br /> and a city's local ordinances, cities should confer with their city attorneys to analyze their <br /> current ordinances in light of the new law. <br /> 1 2016 Laws,Chapter 111. <br /> 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute <br /> at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted <br /> Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's <br /> Temporary Health Care Dwelling law. <br /> 145 UNIVERSITY AVE. WEST PHONE:(651)281-1200 FAX:(651)281-1299 <br /> ST. PAUL, MN 55103-2044 TOLL FREE:(800)925-1122 WEB:WWW LMC.ORG <br />
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