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Adopting an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 pending the completion of a zoning study and actions based upon the study including amending the City’s official controls as they may pertain to the regulation of “temporary family healthcare dwellings” as permitted residential uses.
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN:
Section 1
Statement of Legislative Intent and Findings of the City Council.
(A) In 2016 Minn. Laws chap. 111, sec. 3, the Minnesota Legislature enacted new legislation, effective September 1, 2016 as Minn. Stat. § 462.3593, which created a new residential land use defined therein as a “temporary family healthcare dwelling.” The legislation states that municipalities must regulate temporary family healthcare dwellings either as a permitted use under their municipal zoning codes or as provided in the state legislation. The legislation also provided that “[a] municipality may by ordinance opt-out of the requirements of this section.”
(B) The City’s zoning code, for the purposes of protecting the health, welfare, and safety of the public, defines various residential land uses by occupancy, specifies the zoning districts in which these occupancies may be permitted, and establishes specific standards for these occupancies. The zoning code’s residential land use categories and standards are based upon the City Council’s legislative determinations which are intended to ensure that land use classifications are well planned and are made in conformance with and further the City’s Comprehensive Plan.
(C) In making legislative zoning determinations, the Council, pursuant to Admin. Code § 107.02, is provided with advice from the Planning Commission. In Council File No. 16-1462, the Council found that because the land use classification and regulatory standards applicable to “temporary family healthcare dwellings” were enacted by the state Legislature and, as a result, there was no study...
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