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RPCA Attachment A Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures – What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to placemobile residential dwellings on their property to serve as a temporary family health care 1 dwelling.Community desire to provide transitional housing for those with mental or physical impairments and the increasedneed for short termcare for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative fora “mentally or physically impaired person”, by allowing them to stay in a 2 “temporary dwelling” on a relative’s or caregiver’s property. Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new billat 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellingsas a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: The new law alters a city’s level of zoning authority for these types of structures. While the city’s zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. A city’s zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still applyto these structures. Because conflicts may arise between thestatute and a city’s local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that 1 2016 Laws, Chapter 111. 2 Some citiesasked if other states have adopted this type of law. The only states that havea somewhat similar statute at the time of publication of this FAQ are North Carolinaand Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota’s Temporary Health Care Dwelling law. Page 1 of 6