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<br /> <br />Temporary Family Health Care Dwellings of 2016 <br />Allowing Temporary Structures – What it means for Cities <br /> <br />Introduction: <br />On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners <br />to 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 /> <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 /> <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 /> <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. Cities may want to consider the below when analyzing whether or not to opt out: <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 />• Although not necessarily a legal issue for the city, it seems worth mentioning that the <br />permit process does not have the individual with the physical or mental impairment or that <br /> <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.