A. Purpose: The regulation of daycare facilities in these zoning regulations is to establish standards and procedures by which daycare facilities can be conducted within the city without jeopardizing the health, safety and general welfare of the daycare participants and/or the surrounding neighborhood. This section establishes the city's minimum requirements for the establishment of daycare facilities which are not defined as permitted uses by state statute or which are operated in uses other than single-family homes. Daycare facilities other than those defined as permitted uses by state statutes which operate in a single-family dwelling as an accessory use shall be subject to section 10-5-10 of this chapter and processed as a home occupation.
B. Application: Daycare facilities which are not a permitted use in a district shall be considered a conditional use within the R-1, R-2, R-3, C-1, C-2, and TZ zoning districts of the city and shall be subject to the regulations and requirements of section 10-3-3 of this title. In addition to the city regulation, all daycare facility operations shall comply with the minimum requirements of the Minnesota department of health and human services regulations, as may be amended.
C. Declaration Of Conditions: The planning commission may recommend and the council may impose such conditions on the granting of a daycare facility conditional use permit as may be necessary to carry out the purpose and provisions of this section.
D. General Provisions: Daycare facilities shall be allowed as a principal use or as an accessory use, provided that the daycare facilities meet all of the applicable provisions of this section.
1. Lot Requirements And Setbacks: The proposed site for a daycare 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 daycare facility must meet the minimum setback requirements of the respective zoning district.
2. Lot Requirements And Setbacks; Accessory Use: The site of the proposed daycare 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. Screening: Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of such uses. All of the required fencing and screening shall comply with the fencing and screening requirements of section 10-5-5 of this chapter.
4. Parking:
a. For daycare 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 section 10-5-1 of this chapter. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with section 10-5-5 of this chapter.
b. When a daycare 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.
5. Loading: For daycare facilities as a principal use, one off street loading space shall be provided.
6. Signage: All signing and informational or visual communication devices shall be in compliance with the provisions of this code relating to signs.
7. Compliance With State Requirements: The structure and operation shall be in compliance with state of Minnesota, department of health and human services regulations and be licensed accordingly.
E. Nonconforming Use: Existing daycare facilities lawfully existing on the effective date hereof may continue as nonconforming uses. Any existing daycare facility that is discontinued for a period of more than one hundred twenty (120) days, or is in violation of the provisions of this section under which it was initially established, shall be brought into conformity with the provisions of this section.
F. Inspection: At any and all reasonable hours the city hereby reserves the right upon issuing any daycare facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (Ord. 230, 5-6-2002)