The purpose of this section is to establish standards and procedures under 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 and operation of state licensed day care facilities which are not defined as permitted uses by State Statute.

(Amended by Ord. No. 2007-21, 08/14/07)

Day care facilities that are allowed by conditional use permit by this Chapter shall be subject to the general provisions of this section and to the regulations and requirements set forth in Section 21015 of this Chapter. In addition, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Human Services, as may be amended.

(Amended by Ord. No. 2007-21, 08/14/07)

The 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.

(Amended by Ord. No. 2007-21, 08/14/07)

Day care facilities that are allowable by conditional use permit shall meet the following applicable general provisions:

(Amended by Ord. No. 2007-21, 08/14/07)

Subd. 1.

Sewer and Water. All day care 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.

Subd. 2.

Buffering. Unless exempted by the Zoning Administrator, where an outdoor play area of a day care facility abuts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights-of-way. All of the required fencing and screening shall comply with the fencing and screening requirements of Section 21130.03 of this Chapter.

Subd. 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 Section 21135 of this Chapter. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with Section 21130 of this Chapter.

(b)

When a day care facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off-street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off-street parking demand will result.

Subd. 4.

Off-Street Loading. Off-street loading space in compliance with Section 21135 of this Chapter shall be provided.

Subd. 5.

Signage. All signing and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter.

Subd. 6.

Compliance with State Requirements. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly.

(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2011-05, 02/22/11)

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 section or any conditions additionally imposed.

(Amended by Ord. No. 2007-05, 01/23/07)