(A) Purpose and intent. The regulation of day care facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the city without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood. This section establishes the city's minimum requirements for the establishment of day care facilities, whether identified as a permitted use (see zoning district use charts) or as a conditional use and of which are not operated within the confines of a single-family dwelling (see dwelling, single-family definition). To note, day care facilities other (see DAY CARE definition within § 153.010) than those defined as permitted uses which operate in a single-family dwelling as an accessory use shall be subject to § 153.069 and processed as a home occupation.
(B) Declaration of conditions. The Planning Commission may recommend and the Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section. See applicable use charts within each zone district.
(C) General provisions. Day care facilities shall be allowed as a principal use or as an accessory use, provided that the day care facilities meet all of the applicable provisions:
(1) Lot requirements and setbacks. The proposed site for a day care facility must have a minimum lot area as determined by the Minnesota Department of Health and Human Services. The Council may increase the required lot area in those cases where such an increase is considered necessary to ensure the compatibility of activities and maintain the public health, safety and general welfare. The day care facility must meet the minimum setback requirements of the respective zoning district;
(2) Lot requirements and setbacks; accessory use. The site of the proposed day care facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located;
(3) Sewer and water. All day care facilities shall be served by municipal sewer and water;
(4) Screening. Any day care facility that is contained within a commercial or industrial zone district and/or abuts property that has existing commercial/industrial uses shall provide adequate screening along the shared boundary(ies). All required fencing and screening shall comply with the fencing and screening requirements of § 153.065
;
(5) Parking.
(a) For day care facilities as a principal use, there shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with § 153.060. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with § 153.065; and
(b) When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.
(6) Loading. For day care facilities as a principal use, at minimum, one off-street loading space shall be provided unless otherwise set forth within § 153.060(I);
(7) Signage. All signing and informational or visual communication devices shall be in compliance with the provisions of this chapter relating to signs; and
(8) Compliance with state requirements. The structure and operation shall be in compliance with State of Minnesota, Department of Health and Human Service Regulations and be licensed accordingly.
(D) Nonconforming use. Existing day care facilities lawfully existing on the effective date of this chapter may continue as nonconforming uses. Any existing day care facility that is discontinued for a period of more than 180 days, or is in violation of the provisions of the chapter, under which it was initially established, shall be brought into conformity with the provisions of this section.
(E) Facility/use inspection. The city reserves the right to inspect day care facilities to ensure conformance with provisions within this chapter, other city policies and any other applicable regulations.
(Ord. passed - -)