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HomeMy WebLinkAboutOPH Ordinance 401.15.N. Day Care Nursery Facilities40'1.15.N. Day Care Nursery Facilities. 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. This Section establishes the City =s minimum requirements for the establishment of a day care facility which are not defined as permitted uses by State Statute or which are operated in uses other than single family homes. Day care facilities other than those defined permitted uses by State Statutes which operate in a single family dwelling as an accessory use shall be subject to Section 401.15.M. of this Ordinance and processed as a home occupation. 2. Application. Day care nursery facilities which are not already permitted uses 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 Planning Commission and City 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. 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. 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 Council 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. d. Where the day care facility is in or abuts any commercial or industrial use or zoned property, the day care 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 401.15. E. of this ordinance. e. Parking. 1) There shall be adequate off - street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 401.15.F. of this Ordinance. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. 2) 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. f. one off-street parking space in compliance with Section 401.15.F. of this Ordinance shall be provided. g. All signing and informational or visual communication devices shall be in compliance with Section 401.15.0. of this ordinance. h. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and be licensed accordingly. 0. Non - Conforming Use. Existing day care facilities lawfully existing on the effective date of this ordinance may continue as non - conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing day care facility that is discontinued for a period of more than one hundred eighty (180) days, or is in violation of the provisions of this ordinance under which it was initially established, shall be brought into conformity with the provisions of this Section. 7. Inspection. At any and all reasonable hours, with or without notice, the City hereby reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed.