The regulation of daycare nursery facilities in this ordinance 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 chapter establishes the city's minimum requirements for the establishment of a daycare facility 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 permitted uses by state statutes which operate in a single-family dwelling as an accessory use shall be subject to chapter 1600 of this ordinance and processed as a home occupation. (Ord. 1988-12, 12-19-1988)

Daycare nursery facilities shall be considered a permitted conditional use within all the zoning districts of the city and shall be subject to the regulations and requirements of chapter 400 of this ordinance. In addition to the city regulations, all daycare facility operations shall comply with the minimum requirements of the Minnesota department of human services regulations, as may be amended. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

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 chapter. (Ord. 1988-12, 12-19-1988)

All applications for a daycare facility conditional use permit shall be accompanied by a site plan drawn to scale and dimension, displaying the information required by chapter 400 of this ordinance. (Ord. 1988-12, 12-19-1988)

Daycare facilities shall be allowed as a principal or as an accessory use; provided, that the daycare facilities meet all the applicable provisions of this chapter.

   A.   Lot Requirements And Setbacks: The proposed site for a daycare facility must have a minimum lot area as determined by the Minnesota department of human services. 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 daycare facility must meet the minimum setback requirements of the respective zoning district.

   B.   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.

   C.   Sewer And Water: All daycare facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.

   D.   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 sections 1000.6 and 1000.7 of this ordinance.

   E.   Parking:

      1.   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 chapter 1200 of this ordinance. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with section 1000.7 of this ordinance.

      2.   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.

   F.   Loading: For daycare facilities as a principal use, one off street loading space in compliance with chapter 1300 of this ordinance shall be provided.

   G.   Signage: All signing and informational or visual communication devices shall be in compliance with the city regulations relating to signs 1 .

   H.   Compliance With State Requirements: The structure and operation shall be in compliance with state department of human services regulations and be licensed accordingly. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

Existing daycare facilities lawfully existing on the effective date hereof may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing daycare facility that is discontinued for a period of more than one hundred eighty (180) days, or is in violation of the provisions of the ordinance under which it was initially established, shall be brought into conformity with the provisions of this chapter. (Ord. 1988-12, 12-19-1988)

At any and all reasonable hours, with or without notice, the city hereby reserves the right, upon issuing any daycare facility conditional use permit, to inspect the premises in which the operation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-1800