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Temporary Family HealthCare Dwellings <br /> June 27, 2016 <br /> Page 2 <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 /> individual's power of attorney sign the permit application or a consent to release his or her <br /> data. <br /> • The application's data requirements may result in the city possessing and maintaining <br /> nonpublic data governed by the Minnesota Government Data Practices Act. <br /> • The new law sets forth a permitting system for both cities and counties3. Cities should <br /> consider whether there is an interplay between these two statutes. <br /> Do cities need to do anything to have the new law apply in their city? <br /> No,the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out <br /> or don't already allow temporary family health care dwellings as a permitted use under their local <br /> ordinances. <br /> Do cities lose the option to opt out after the Sept. 1, 2016 effective date? <br /> No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016. <br /> However, if the city has not opted out by Sept. 1, 2016,then the city must not only have <br /> determined a permit fee amount before that date (if the city wants to have an amount different <br /> than the law's default amount), but also must be ready on that date to accept applications and <br /> process the permits in accordance with the short timeline required by the law. Cities should consult <br /> their city attorney to analyze how to handle applications submitted after Sept. 1, 2016,but still <br /> pending at the time of a later opt out. <br /> What if a city already allows a temporary family health care dwelling as a <br /> permitted use? <br /> If the city already has designated temporary family health care dwellings as a permitted use, then <br /> the law does not apply and the city follows its own ordinance. The city should consult its city <br /> attorney for any uncertainty about whether structures currently permitted under existing ordinances <br /> qualify as temporary family health care dwellings. <br /> What process should the city follow if it chooses to opt out of this statute? <br /> Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide <br /> clear guidance on how to treat this opt-out ordinance. However, since the new law adds section <br /> 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption <br /> or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, <br /> subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to <br /> err on the side of caution and treat the opt-out ordinance as a zoning provision.5 <br /> s See Minn. Stat. §394.307 <br /> 4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial <br /> permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. <br /> 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those <br /> instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the <br />