The regulation of day care facilities in this Appendix E 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 article establishes the city's minimum requirements for the establishment of a day care facility not allowed as permitted uses.

(a)

Conditional use. Day care facilities, except as otherwise provided for, shall require a conditional use as allowed within the zoning districts established by article 40 of this Appendix E, subject to the regulations and requirements of article 4 of this Appendix E. In addition to the city regulation, all day care facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations.

(b)

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 article.

(c)

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 article 9 of this Appendix E.

Day care facilities shall meet all the applicable provisions of this article of this Appendix E.

(1)

Lot requirements and setbacks. The proposed site for a day care facility shall have a minimum lot area as determined by the Minnesota Department of Human Services and the district in which it is located. 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 must meet the minimum setback requirements of the respective zoning districts.

(2)

Screening. Where the day care facility is in or abuts any commercial use or zoned property, the day care facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in article 21 of this Appendix E.

(3)

Parking.

a.

There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with article 19 of this Appendix E. Parking areas shall be screened from view of surrounding and abutting residential districts in compliance with article 21 of this Appendix E.

b.

There shall be adequate short-term parking or drop off area provided within close proximity to the main entrance. Short-term or drop off parking shall accommodate three car spaces and shall be designated as temporary in nature. The short term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement.

c.

Except as may be approved as part of a joint parking arrangement, as regulated by article 19 of this Appendix E, 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.

(4)

Signage. All signing and informational or visual communication devices shall be in compliance with article 24 of this Appendix E.

(5)

Day care facility. The building plans for the construction or alteration of a structure that shall be used as a day care facility shall be submitted to the city for review by the city building official to ensure that the structure is in compliance with the Uniform Building Code, and by the zoning administrator to insure conformance. The facility shall meet the following conditions:

a.

Architectural appearance. The architectural appearance and functional plan of the building and site shall be compatible with the existing buildings or area.

b.

Land use compatibility. Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the day care facility.

c.

[Play space.] Play space must be adequately enclosed where necessary to prevent children from leaving the premises unattended.

d.

[Outdoor play space.] Outdoor play areas shall not be provided within the required front yard setbacks.

(6)

Hennepin County/state licenses. Proof of approved applicable Hennepin County and state licenses shall be provided to the zoning administrator prior to the building official granting a certificate of occupancy.

Existing day care facilities lawfully existing on February 9, 2003, hereof may continue as nonconforming uses. Any existing day care facility that is discontinued for a period of more than 30 days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this article.

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 ensure compliance with the provisions of this article or any conditions additionally imposed.