7.b 2 Temporary buildings - Ordinance 177Memorandum
To: Scandia City Council
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Reference: Temporary Dwelling Units—
Ordinance Amendment
Project No.: 16023.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 12, 2016
The Planning Commission held a public hearing for proposed amendments to the performance
standards sections of the Development Code that regulate Temporary Dwelling Units—Care
Facility and Temporary Dwelling Units During Construction at its September meeting. The
amendments were developed based on recent legislation related to Temporary Care units and a
recent application for an interim use permit for a Temporary Unit during Construction.
The Commission received no comments on the proposed amendments at the hearing. The
Commission recommended that the Council approve the ordinance amendments.
A summary of the proposed changes includes the following:
• The addition of several definitions to the code related to the Temporary Care Units. The
definitions were included in the recent state legislation regarding Temporary Care Units,
and the Commission believes that they are useful to add to the City's existing ordinance.
• The amendment identifies the need to update the District sections of the Code to reflect
the change from Interim Use Permits to Administrative permits for both types of
Temporary Units.
Temporary Dwelling Units—Care Facility Performance Standards
• The amendment would permit the temporary units to be occupied by the person(s)
being cared for or by the caregivers
• The amendment changes the required permit from an Interim Use Permit to an
Administrative permit, which will allow faster approval of the permit if needed
Temoorary Dwellina Units Durina Construction Performance Standards
• The amendment clarifies that a permit for a Temporary Unit during Construction is
only needed for a manufactured home that is brought to the site to serve as the
temporary unit. A permit is not needed when the existing home serves as a
temporary unit during construction because the process to grant an occupancy
permit will prevent two dwelling units from existing on the property simultaneously.
An employee owned company promoting affirmative action and equal opportunity
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
Mi
TKDA
Memorandum
To: Scandia City Council
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Reference: Temporary Dwelling Units—
Ordinance Amendment
Project No.: 16023.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 12, 2016
The Planning Commission held a public hearing for proposed amendments to the performance
standards sections of the Development Code that regulate Temporary Dwelling Units—Care
Facility and Temporary Dwelling Units During Construction at its September meeting. The
amendments were developed based on recent legislation related to Temporary Care units and a
recent application for an interim use permit for a Temporary Unit during Construction.
The Commission received no comments on the proposed amendments at the hearing. The
Commission recommended that the Council approve the ordinance amendments.
A summary of the proposed changes includes the following:
• The addition of several definitions to the code related to the Temporary Care Units. The
definitions were included in the recent state legislation regarding Temporary Care Units,
and the Commission believes that they are useful to add to the City's existing ordinance.
• The amendment identifies the need to update the District sections of the Code to reflect
the change from Interim Use Permits to Administrative permits for both types of
Temporary Units.
Temporary Dwelling Units—Care Facility Performance Standards
• The amendment would permit the temporary units to be occupied by the person(s)
being cared for or by the caregivers
• The amendment changes the required permit from an Interim Use Permit to an
Administrative permit, which will allow faster approval of the permit if needed
Temoorary Dwellina Units Durina Construction Performance Standards
• The amendment clarifies that a permit for a Temporary Unit during Construction is
only needed for a manufactured home that is brought to the site to serve as the
temporary unit. A permit is not needed when the existing home serves as a
temporary unit during construction because the process to grant an occupancy
permit will prevent two dwelling units from existing on the property simultaneously.
An employee owned company promoting affirmative action and equal opportunity
Rural Commercial District Uses Page 2 August 2, 2016
Scandia Planning Commission
• The amendment changes the required permit from an Interim Use Permit to an
administrative permit.
I
CITY OF SCANDIA
ORDINANCE NO. 177
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 1, SECTION 4.2, DEFINITIONS; CHAPTER 2, SECTION 2, DISTRICT
REGULATIONS; SECTION 4.25, TEMPORARY DWELLING UNIT --CARE FACLITY;
AND 4.26, TEMPORARY DWELLING UNIT DURING CONSTRUCTION
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter 1, Section 4.2, Definitions, shall be amended to add
the following:
• Caregiver: An individual 18 years of age or older who provides care for a mentally or
physically -impaired person and is a relative, legal guardian, or health care agent of the
mentally or physically -impaired parson for whom the individual is caring.
• Instrumental activities of daily living: Has the meaning given in Minnesota Statutes
25613.0659, subdivision 1, paragraph (i) or its successor statutes.
• Mentally or physically -impaired person: A person who is a resident of the State of
Minnesota who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician or physician assistant licensed to practice in
Minnesota, or a certified nurse practitioner.
• Relative: A spouse, parent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the
mentally or physically -impaired person. Relative includes half, step, and in-law
relationships.
Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code," or "Code") Chapter Two, Section 2, District Regulations shall be
amended to read as follows:
• In all applicable Districts, remove "Temporary Dwelling Unit—Care Facility" from the
list of uses that requires an Interim Use Permit, and add this use to the list of uses that
requires an Administrative Permit.
• In all applicable Districts, remove "Temporary Dwelling Unit During Construction" from
the list of uses that requires an Interim Use Permit, and add this use to the list of uses that
requires an Administrative Permit.
Section 3. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code," or "Code") Chapter Two, Section 4.25, Temporary Dwelling Unit—Care
Facility shall be amended to read as follows:
4.25 Temporary Dwelling Unit—Care Facility. -Temporary dwelling units shall be permitted
with an administrative permit, and shall comply with all of the following requirements.
Ordinance No. 177 Page 1 of 3
(1) The property is limited to one temporary dwelling unit.
(2) The dwelling may be occupied o4y-by persons who are receiving health-related care
or treatment from the occupants of the single family dwelling to which the care facility
is an accessory use, and who are related by blood, marriage or adoption to said
occupants; or by caregivers for a mentally or physically -impaired person as defined in
this Development Code.
(3) The temporary dwelling unit shall use the existing road access drive of the principal
dwelling unit on the property.
(4) The unit shall be connected to an approved on-site waste disposal system.
(5) The property owner shall submit a financial guarantee to the Zoning Administrator to
ensure that the structure will be removed upon termination of the intefiffl
useadministrative permit. The amount of the guarantee shall be determined by the
Zoning Administrator.
(6) Termination of Permit. The iii=iadministrativeuse permit shall expire when the
dwelling unit is no longer occupied by eligible persons as described in paragraph
(1)(B), or such earlier date as may be determined in the intefiffi
permit. At the termination of thepermit, the temporary dwelling shall be
removed from the premises or converted to another conforming use within thirty (30)
days.
4.26 Temporary Dwelling Unit During Construction. Temporary dwelling units shall comply
with all of the following requirements.
(1) A Temporary Dwelling Unit that is a manufactured home that will be located
temporarily on a parcel where a new home is being constructed to serve as a residence
for the present or future occupants while a new home is being constructed, or while
the existing home is being reconstructed or altered, requires an administrative permit.
An existing single-family home that is being occupied while a new home is being
constructed on the same parcel does not require a zoning permit.
(2) The property is limited to one temporary dwelling unit during construction.
(�3) The dwelling may be occupied only by persons who are the present or potential
occupants of the single-family residence being constructed, reconstructed or altered.
(34) An interim permit for the temporary dwelling may be issued only
after the building permit has been obtained for the proposed construction.
(45) The temporary dwelling unit shall use the existing or the proposed road access drive of
the principal dwelling unit under construction.
(56) The unit shall be connected to an approved on-site waste disposal system.
Ordinance No. 177 Page 2 of 3
(67) The property owner shall submit a financial guarantee to the Zoning Administrator to
ensure that the structure will be removed upon termination of the i
use-administrative permit or the issuance of a certificate of occupancy for the new
dwelling unit. The amount of the guarantee shall be determined by the Zoning
Administrator.
(78) Termination of Permit. The iseadministrative permit shall expire when
construction is completed or within one hundred and eighty days from the date of
issuance, whichever is less. At the termination of the intefifn tiseadministrative permit,
the temporary dwelling shall be removed from the premises within thirty (30) days.
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this , 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. 177 Page 3 of 3