The purpose of this chapter 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 defined as permitted uses by State Statutes which operate in a single-family dwelling as an accessory use shall be subject to chapter 28 of this title and processed as a home occupation. (Prior Code § 20-30-1)

Daycare nursery facilities shall be considered an allowed conditional use within all business zoning districts and the INS District of the City and shall be subject to the regulations and requirements of chapter 4 of this title. In addition to the City regulations, all daycare facility operations shall comply with the minimum requirements of the Minnesota Department of Health and Human Services regulations, as may be amended. (Prior Code § 20-30-2)

The Planning Commission may recommend and the City 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. (Prior Code § 20-30-3)

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 4 of this title. (Prior Code § 20-30-4)

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 - Principal Use: The proposed site for a daycare facility must have a minimum lot area as required by the applicable zoning district in which it is located and as determined by the Minnesota Department of Health and 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. The City Council may increase setback requirements if considered necessary to ensure compatibility.

   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. The City Council may increase such standards if considered necessary to maintain compatibility.

   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: A daycare facility shall provide screening along shared property boundaries. Such required fencing and screening shall comply with the required fencing and screening provisions of chapter 19 of this title.

   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 21 of this title. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with chapter 19 of this title.

      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.   Passenger Loading: Daycare facilities shall provide off street loading areas for passenger pick up and drop off subject to review and approval of City staff.

   G.   Signage: All signing and informational or visual communication devices shall be in compliance with the provisions of chapter 37 of this title.

   H.   Compliance With State Requirements: The structure and operation shall be in full compliance with State of Minnesota, Department of Health and Human Services regulations and be licensed accordingly. (Prior Code § 20-30-5)

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. (Prior Code § 20-30-6; amd. 2018 Code)

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 occupation is being conducted to ensure compliance with the provisions of this chapter, this title or any conditions additionally imposed. (Prior Code § 20-30-7)