Loading...
5b temporary dwelling units Memorandum To: Scandia Planning Commission Reference: Temporary Dwelling Units Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16023.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 25, 2016 Temporary Dwelling Units—Care Facility The Planning Commission discussed state legislation regarding temporary dwellings to be used as care facilities at July meeting, and recommended that the City Council opt out of the state requirement, since the City provides for this use already in a more flexible way than the state requirement. The Commission asked for an opportunity to review the ordinance requirements in light of the state legislation. A copy of the City’s ordinance and state legislation are attached. The primary differences include:  The state legislation permits the temporary care facility to be occupied by the care giver(s). The City’s ordinance permits the unit to be occupied by the person receiving care. Should the City’s ordinance be expanded to allow those giving care to occupy the temporary dwelling?  The state legislation required an administrative permit, with a 15-day approval. The City’s ordinance requires an IUP, which takes more than 30 days for approval. Should care facilities be allowed by administrative permit? Temporary Dwelling Units During Construction In July, the Planning Commission reviewed an application from Julie Ruddy to use an existing home as a temporary dwelling unit during construction of a new home on the parcel. The use required an IUP. During the review of this application, the Building Inspector noted that most cities do not require an IUP or CUP for the Temporary Dwelling Unit during construction when the existing home will be replaced with a new structure—permits are only required when a trailer is used as the temporary dwelling unit. The Inspector noted that the number of dwellings on the parcel can be controlled by issuing the occupancy permit for the new structure after the old structure is removed. Rural Commercial District Uses Page 2 August 2, 2016 Scandia Planning Commission The Planning Commission should discuss whether the Development Code should be modified to specific that no permit or an administrative permit is required when the existing home is used as the temporary dwelling unit. If the Planning Commission recommends changes to the Development Code, public hearings for those amendments could be scheduled at the September meeting. 35 1. Fences may be erected on the lot line to a height of eight (8) feet from finished grade. 4.10 Lots of Record A. A lot of record is a parcel of land separately registered (such as part of a subdivision or plat,an Auditor’s Subdivision, or a Registered Land Survey, or a parcel of land not so platted,)approved by the County created in its configuration in conformance with the official controlsin place at the time of registration, or prior to enactment of official controls. 4.11 Temporary Manufactured Home Permit A. Purpose.It is the purpose of this Section to allow for the temporary placement of a manufacturedhousing unit for specific cases as provided herein. B. Temporary Manufactured Home Permit Required.A Temporary Manufactured Home Permit is required for the temporary placement of amanufactured home for those specific cases as allowed in this Section. The application forthe permit shall contain the information required for Conditional Use Permits in Section 8.04of this Ordinance. C. Temporary manufactured homes shall be affixed in accordance with manufacturer’sspecifications except that they may not be placed on a permanent foundation. D. Conditions for Issuance of Temporary Manufactured Home Permit DuringConstruction of Permanent Dwelling.In the (A), (AP), (PAT), and (RRI/RRII) Districts, a six (6) month, one time renewablepermit may be issued to allow a manufactured home to be temporarily placed andoccupied on the same site as the permanent dwelling is being constructed, provided: 1. The building permit for the permanent dwelling has been issued. 2. An approved sewer system has been installed on the site to service thepermitted dwelling under construction. The temporary manufactured homeshall not have separate sewer and water service. 3. A five thousand ($5,000) dollar performance bond, letter of credit or cashescrow is posted as part of the application, to ensure removal of the temporarymanufactured home when the approved use ceases. E. Conditions for Use of a Travel Trailer or Motor Home during Construction ofPermanent Dwelling.In the (A), (AP), (PAT), and (RRI/RRII) Districts, a six (6) month, one time renewablepermit may be issued to allow a travel trailer or motor home to be temporarily placedand occupied on the same site as the permanent dwelling is being constructed,provided: 1. The building permit for the permanent dwelling has been issued. 36 2. Such units shall have self contained sanitary facilities and may be temporarilyconnected to the approved sewer and water system which has been installed on thesite to service the permitted dwelling under construction. 3. A five thousand ($5,000) dollar performance bond, letter of credit or cash escrow isposted as part of the application, to ensure termination of the use of the travel traileror motor home as a dwelling. F. Accessory Residence for Farm Employees.A twelve (12) month renewable permit may be issued to allow a manufactured home to beplaced and occupied on a farm to provide housing for a person(s) or family which is activelyengaged in the operation of the farm, provided: 1. The major portion of the livelihood of the person(s) or family residing in the dwellingand temporary housing is derived from the farm. 2. The affected township has been notified of the application. 3. A five thousand ($5,000) dollar performance bond, letter of credit or cash escrow isposted as part of the application, to ensure removal of the temporary manufacturedhome when the approved use ceases. 4. Adequate sewage facilities exist on the site to accommodate the additional structure,demonstrated through an approved compliance inspection. 5. Permittee shall annually recertify the use of the accessory residence for the specifiedfarm use and provide a continuation certificate for financial surety. G. Accessory Residence for Medical Hardship Reasons.In the (A), (AP), and (PAT) Districts, a twelve (12) month, renewable permit may be issuedto allow a manufactured home to be temporarily placed and occupied on the same lot as theprincipal residence when the person(s) occupying the accessory residence require closesupervision due to the health reasons, yet are capable of independent living provided: 1. The occupant(s) of the accessory residence must be closely related to the occupants ofthe principal residence or have been legally designated ward(s)/guardian(s) of saidoccupant(s). 2. A doctor's report is submitted indicating the need for a closely supervised independentliving arrangement. 3. The affected Township has been notified of the application. 4. Adequate sewage facilities exist on the site to accommodate the additional structure,and an approved compliance inspection has been completed. No separate sewage orwater facilities are permitted. 5. Temporary housing must be located on the same parcel of land as the permanent 37 dwelling, and in close proximity to the dwelling. 6.. A five thousand ($5000) dollar performance bond, letter of credit or cash escrow isposted as part of the application, to ensure removal of the temporary dwelling whenthe approved use ceases. 7. Permittee shall annually recertify the use of the accessory residence and the specifiedmedical hardship case and provide a continuation certificate for financial surety. 4.12 Off-Street Parking and Loading A. Parking of Commercial Vehicles or Equipment.No commercial vehicles or equipment, exceeding ten thousand (10,000) pounds gross weight,shall be parked, stored, or otherwise continued in RRI, RRII, and UR districts for more than amaximum of twenty-four (24) hours unless in a completely enclosed structure or unless theyare being used in conjunction with a legitimate service being rendered for the benefit of theresidential premises. B. Parking of Recreational Vehicles and Placement of Recreational Structures on UnimprovedProperty.Recreational structures and travel trailers, campers, tents, motor homes, and other vehicleswhich are adaptable or have been adapted for living and may be reasonably transported, maybe used for dwelling purposes or stored on the premises for a period not to exceed thirty (30)consecutive days or more than thirty (30) days of a sixty (60) day period. Only onerecreational vehicle may be placed on a parcel or lot, except for short term periods such asfamily reunions and visits which do not exceed a period of 48 hours. C. Parking of Recreational Vehicles on Improved Property.Recreational vehicles may be parked and stored on parcels that have a permitted principalstructure subject to the following requirements: 1. In residential districts one recreational vehicle that is owned by the occupants ofthe principal structure may be parked outside. However, no recreational vehicles maybe occupied, or connected to electrical, water, or sewage facilities. 2. In the (A), (AP) and (PAT) Districts up to four recreational vehicles that are ownedby the occupants of the principal structure may be parked outside. When more thanone recreational vehicle is parked outside they must be screened from the road andneighboring properties. No recreational vehicles may be occupied, or connected toelectrical, water, or sewage facilities. D. Maintenance.It shall be the joint responsibility of the leasee and/or owner of the principal use of buildingto maintain in a neat and adequate manner, the parking area, striping, landscaping andscreening. E. Use of Parking Area.Required off-street parking spaces in any District shall not be utilized for open storage ofgoods or for the storage of vehicles which are inoperable or for sale or for rent.