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Page 2 <br />Community desire to provide transitional housing for those with mental or physical impairments <br />and the increased need for short term care for aging family members served as the catalysts <br />behind the legislature taking on this initiative. The resulting legislation sets forth a short term <br />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. This affects all properties with <br />existing residences in the City. Per the statute Cities can opt out with adoption of an ordinance <br />or resolution. <br />4. TEMPORARY HEALTH CARE DWELLING: <br />The law requires cities to follow and implement the new temporary family health care dwelling <br />law beginning September 1, 2016. Cities will need to be prepared to accept applications and <br />must be ready to process the permits in accordance with the 15 -day timeline required by the law. <br />Cities may opt out of the new law. The new law alters a City's level of zoning authority for these <br />types of structures, especially with provisions where accessory structure or recreational vehicle <br />ordinances do not apply. City's ordinances are made to preserve a neighborhood's character. <br />This new law would allow this type of structure in all zoning districts, even those that would not <br />allow them. <br />Other considerations should be the permitting process and enforcement after the permit period <br />has expired. As stated before, a new permitting process will have to be considered, as these <br />requirements differ from standard application review requirements. This will take a considerable <br />amount of staff time, which all needs to be completed before September 1, 2016. If the City <br />were to move forward with this process, there would need to be staff time devoted to tracking <br />approved permits and approving renewals at the six month mark. Once a one year period has <br />expired, staff would then need to begin a monitoring process to ensure the temporary health care <br />dwelling was removed from the property. Staff believes this process may be difficult because <br />even though a permit may expire, a healthcare issue generally does not and there may be an <br />unfavorable response from permit holders. <br />Cities that wish to opt out of this law must pass an ordinance to do so, which requires a public <br />hearing through the Planning Commission and an approval of the ordinance by the City Council. <br />5. ACCESSORY APARTMENTS / ACCESSORY DWELLING UNITS: <br />The City does allow structures that meet the intent of the temporary family health care dwelling <br />law. Accessory apartments are allowed in the Long Term Agricultural, Agricultural, Rural <br />Residential, Central Residential, Central Business, and Future Urban Service zoning districts via <br />a conditional use permit. Accessory apartments are defined as "a room or suite of rooms, <br />including sleeping facilities, dedicated for the use of persons living separately from others in the <br />building." <br />The City also allows accessory dwelling units in the Long Term Agricultural, Agricultural, Rural <br />Residential, and Future Urban Service zoning districts. The purpose and intent of the ordinance <br />is to provide supplemental, but separate living quarters to the primary residence. The <br />2 <br />