HomeMy WebLinkAbout2023-02-28 CC Resolution 2023-401-01 CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO.2023-401-01
AN ORDINANCE AMENDING SECTION 401.15 OF THE ZONING ORDINANCE
RELATED TO HOME OCCUPATIONS AND DAY CAR NURSERY FACILITIES
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN AS FOLLOWS:
Section 1. Section 401.15.M.2.b. of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to delete and replace in its entirety the following language:
b. Special Home Occupation. Any home occupation which does not meet the specific
requirements for a permitted home occupation (excluding Day Care Nursery
Facilities) as defined in this Section shall require a "special home occupation
permit"which shall be applied for reviewed and disposed on in accordance with the
procedural provisions of a conditional use permit found in Section 401.03 of this
Ordinance.
Section 2. Section 401.15.M.2.c. of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to delete and replace in its entirety the following:
c. Declaration of Conditions. The City may impose such conditions on the granting of
any home occupation permit as may be necessary to carry out the purpose and
provisions of this Section.
Section 3. Section 401.15.M.3.a.12) is added to Ordinance 401 of the Code of Ordinances of the
City of Oak Park Heights with the following language:
12) Day Care Nursery Facilities are required to secure a Home Occupation Permit
subject to such regulations,however are further regulated under City Ordinance
401.15 N.
Section 4. Section 401.15.M.3.b. of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to add the following language:
—Excluding Day Care Nursery Facilities regulated in 401.15.N.
Section 5. Section 401.15.M.3.c.2) of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to delete the following language:
such as day care group nursery or which comply with Sections a and b above(except for
b.2)
Section 6. Section 401.15.M.3.c.3) of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to delete the following word:
Council
Section 7. Section 401.15.M.3.c.4) of Ordinance 401 of the Code of Ordinances of the City of Oak
Park Heights is hereby amended to delete and replace in its entirety the following language:
4) Subject to the conditions placed on such permit by the City, the general public may
be permitted to come to the premises for purposes pertaining to the conduct of the
home occupation.
Section 8. Sections 401.15.N.1 through 401.15.N.5.c. of Ordinance 401 of the Code of Ordinances
of the City of Oak Park Heights are hereby amended to delete and replace in its entirety the
following language:
1. Purpose. The regulation of day care nursery 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 or changing the essential
character and purpose of the surrounding neighborhood. Subject to provisions as
may be found in State Statute, this Section establishes the City's minimum
requirements for the establishment of a day care facility. Day care nursery facilities s
which operate in a single family dwelling shall be subject to Section 401.15.M. of
this Ordinance and processed as a Home Occupation.
2. Application. Day care nursery facilities except where defined as a permitted use in
the zoning district, shall be considered conditional uses within all the zoning districts
and shall be subject to the regulations and requirements of Section 401.03 of this
Ordinance. In addition to the City regulation, all day care facility operations shall
comply with the minimum requirements of the Minnesota Department of Welfare
regulations, as may be amended.
3. Declaration of Conditions. The City may impose such conditions on the granting
of a day care facility Home Occupation or conditional use permit as may be
necessary to carry out the purpose and provisions of this Section and/or those found
in 401.15 M.
4. Site Plan Drawing Necessary. All applications for a day care facility conditional
use permit shall be accompanied by a site plan drawn to scale and dimensioned,
displaying the information required by Section 401.03.C.3. of this Ordinance.
5. General Provisions.
a. Day care facilities shall be allowed as a principal use or as an accessory use,
provided that the day care facilities meet all the applicable provisions of this
Section and comply with the minimum requirements of the Minnesota
Department of Welfare regulations, as may be amended.
b. The proposed site for a day care facility as a principal use shall have a
minimum lot area as determined by the Minnesota Department of Welfare.
The City may increase the required lot area in those cases where such an
increase is considered necessary to ensure compatibility of activities and
maintain the public health, safety and general welfare. The day care facility
shall meet the setback requirements of the respective zoning district.
c. 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 and comply with the minimum requirements of the
Minnesota Department of Welfare regulations,as may be amended.
Section 9. All other language in 401.15 of the Zoning Ordinance Related to Home Occupations and
Day Care Nursery Facilities remains unchanged.
Section 10. Effective Date: This ordinance becomes effective on the date of its passage and
publication as required by law.
Passed and adopted by the City Council of the City of Oak Park Heights, Washington
County,Minnesota,on this 28th day of February,2023.
CITY OF OAK PARK HEIGHTS
M. omber,Mayor
Attest: Eric A. I hnson,City Administrator