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S.F. No. 2555 - Temporary Family Health Care Dwellings (Third Engrossment)
 
Author: Senator John A. Hoffman
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: April 29, 2016



 

S.F. No. 2555 provides definitions and requirements for temporary family health care dwellings. A temporary family health care dwelling is a mobile residential dwelling where a physical or mentally impaired person may live while receiving care from a relative, guardian, or health care agent. Temporary family health care dwellings must be treated as provided in the bill by counties, cities, and towns.

Section 1. Housing with services establishment or establishment. A temporary family health care dwelling is not a housing with services establishment.

Section 2. Temporary family health care dwellings; counties. This section governs temporary family health care dwellings in counties.

Subdivision 1. Definitions. Definitions are provided for the following terms: caregiver, instrumental activities of daily living, mentally or physically impaired person, relative, and temporary family health care dwelling.

Subdivision 2. Temporary family health care dwelling. This subdivision sets forth requirements for temporary family health care dwellings, including requirements relating to the structure, size, accessibility, utility connections, and installation of the dwelling.

Subdivision 3. Temporary dwelling permit; application.

(a) Unless the county has already designated temporary family health care dwellings as permitted uses, such dwellings are subject to the requirements of the bill. If a temporary family health care dwelling meets the requirements of the bill, the dwelling cannot be prohibited by ordinances that regulate accessory uses or recreational vehicle parking.

(b) The caregiver or relative must apply for a temporary dwelling permit from the county. The application must include:  the signature of the primary caregiver, the property owner, and the resident of the property (if the owner does not reside on the property); the name of the physically impaired person who will live in the dwelling; contact information for the property owner or resident and the primary caregiver; a certification that the person needs assistance with two or more instrumental activities of daily living; proof of septic service management; an affidavit that the applicant has notified the adjacent property owners; and a general site map.

(c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. It must meet all setback and floor area ration requirements. The dwelling must be accessible for septic services and emergency vehicles.

(d) Only one person may live in a temporary family health care dwelling. Only one such dwelling may be placed on a lot.

(e) A temporary family health care dwelling must comply with all other state law and local ordinances.

Subdivision 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The permit may be renewed once for an additional six months.

Subdivision 5. Inspection. The county may require the permit holder to provide evidence that the requirements of this act are being satisfied. The county may inspect the dwelling.

Subdivision 6. Revocation of permit. The county may revoke the permit if the permit holder violates the requirements of this act. If a permit is revoked, the permit holder has 60 days to remove the temporary family health care dwelling.

Subdivision 7. Fee. Unless otherwise provided by county action, the county may charge up to $100 for the initial permit and up to $50 for permit renewal.

Subdivision 8. No public hearing required; application of section 15.99. The county is not required to hold a public hearing on the application for a temporary dwelling permit.  The 60-day rule applies, except that:  the county only has 15 days to issue or deny a permit for a temporary conditional use permit; the 15-day period only starts over if the county notifies the applicant within five business days that the application is missing information; and the county cannot extend the 15-day period.  If the county board holds regular meetings once per calendar month, the 15-day period is extended to 30 days.

Subdivision 9. Opt-out. A county may opt-out of the requirements of this act by adopting an ordinance.

Section 3. Temporary health care dwellings; municipalities. This section governs temporary family health care dwellings in cities and towns.  Section 3 is nearly identical to section 2, except that it applies to cities and towns instead of counties.  Cities or towns may set another fee by ordinance. 

Section 4 provides that the act is effective on September 1, 2016, and applies to temporary dwelling permit applications made under this section on or after that date.

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