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Home My WebLink About0293 ORDINANCE N0. 293 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE N0. 167, .BEING THE LAKEVILLE ZONING ORDINANCE AND DEALING WITH PROVISIONS GOVERNING DAY CARE AND RESIDENTIAL CARE FACILITIES. THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES ORDAIN: Section 1. Section 2.2, Definitions of the Lakeville Zoning Ordinance is hereby amended by deleting the o owing definitional subsections in their entirety: 39) Day Care 40) Day Care - Family 41) Day Care - Grou Nurser 112) Nursing Home Rest Home 121) Person Section 2. Section 2.2, Definitions of the Lakeville Zoning Ordinance is here ended by adding the following definitions: 39) Day Care Facility. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services, as defined by Minn. Stat. Section 245.782, Subd. 5. 132A) Residential (Care) Facility. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, re- habilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Group care facilities include, but are not limited to: state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children, as defined by Minn. Stat. Section 245.782, Subd. 6. 40) Reserved. 41) Reserved. 112) Reserved. 121) Person. An individual, firm, partnership, association, corporation, or organization of any kind. Person also means an adult who is handicapped by reason of mental retardation, mental illness, chemical dependency, or physical handicapped, and a child, whether handicapped or not, as defined by Minn. Stat. Section 285.482, Subd. 2 Section 3. Section 10.4.2).d. of the Lakeville Zoning Ordinance which addresses permitted home occupations is hereby amended to read as follows: d) Permitted home occupations include and are limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one (1) pupil at a time and similar uses. Section 4. Section 12.8 10) of the Lakeville Zoning Ordinance addressing parking requirements is hereby amended to read as follows: 10) Day-Care and Residential (Care) Facilities. a) Day care facilities serving twelve (12) or fewer persons and residential (care) facilities serving six (6) or fewer persons in a single family residential zoning district; and day care facilities serving sixteen (16) or fewer persons and residential (care) facilities serving sixteen (16) or fewer persons in a multiple family residential zoning district: two (2) spaces per unit. b) All other day care and residential (care) facilities: four (4) spaces plus one (1) space for each three (3) beds for which accommodations are offered or four (4) spaces plus additional spaces as is determined as necessary by the City Council. Section 5. Section 22. Day Care Group Nursery Facilities of the Lakeville Zoning Ordinance is hereby amended by changing and adding the following provisions: Section 22. DAY CARE FACILITIES NOT ALLOWED AS PERMITTED USES 22.1 Purpose. The regulation of day care facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the City of Lakeville 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 establish- ment of a day care facility not allowed as permitted uses. 22.2 Application. Day care 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 Section 4 of this section of the City's Zoning Ordinance. In addition to the City regulation, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Welfare D.P.W. Rule 3, as may be amended. 2 Section 6. Section 25.2 of the Lakeville Zoning Ordinance addressing per- mitted uses in the R-A zoning district is hereby amended by adding the following provision: 7) Day care facilities serving twelve (12) or fewer persons and residential (care) facilities serving six (6) or fewer persons. Section 7. Section 26.2 of the Lakeville Zoning Ordinance addressing per- mitted uses in the R-1 zoning district is hereby amended by adding the following provision: 4) Day care facilities serving twelve (12) or fewer persons and residential (care) facilities serving six (6) or fewer persons. Section 8. Section 30.2 of the Lakeville Zoning Ordinance addressing per- mitted uses in the R-5 zoning district is hereby amended by adding the following provision: 5) Day care facilities serving sixteen (16) or fewer persons and residential (care) facilities serving sixteen (16) or fewer persons. Section 9. Section 31.2 of the Lakeville Zoning Ordinance addressing per- mitted uses in the R-6 zoning district is hereby amended by adding the following provision: 7) Day care facilities serving sixteen (16) or fewer persons and residential (care) facilities serving sixteen (16) or fewer persons. Section 10. Section 33.4.5. of the Lakeville Zoning Ordinance addressing conditional use permits in the R-B zoning district is hereby amended to read: 5) Residential (care) facilities provided that: i) Unless specifically allowed by the City Council, no two (2) such facilities shall be located closer than one thousand. three hundred twenty (1,320) feet to each other. Section 11. This Ordinance shall be in full force and effect upon its passage and publication. Adopted this 19th day of May, 1986. CITY OF LAKEVILLE, MINNESOTA BY: ~4~ uane Zaun, yor ATT T: atrick E. McGarvey, City Admin' rator 3 PUBLIC NOTICE ORDINANCE NO. 293 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINA NO. 167, BEING THE LAKEVILLE 201411611 ORDINANCE AND DEALING WITH , PROVISIONS GOVERNING DAY CARE AND RESIDENTIAL CARE FACILITIES. nt THE CITY COUNCIL OF THE CITY pl LAKEVILLE DOES ORDAIN: Section 1. Section 2.2, Definitions of the Lakeville Zoning Ordinance is heron amended by deleting the following defili tional subsections in their entirety: 39) Day Can 40) Day Caro - Family 41) Day Co., - Group Nursery I I2) Nursing Hone (Rest Hoar) 0NO8 SDNIAVS 00Ls 311uA ONINOIIIONOO HIV as II 1sui `83!hJas `Iles am e IIaM se `AJ,-ODDM `aungla,i, )ue .Ie1S sliodeauum alp ;q paaosuods sem isaluoa aqy •sluana ieuolleuaalui pue ieuoll au 'aims `uelliodoalaur lnoge uoilsanb pajse aaaM slslteul3 •saaiioa X11untutuoa eaae Relliodo.gau1 ano; le iladV ul play lsaluoa 1e Juana ayl ao1 patlgenb ym sluapnls loops pue [$Iq aolunf LL 3o auo sem aH •uolWlurooig `aaltoD 'S1 [unuIuIoD aiepueuraoN 1e 01'ceIAI Itaq 1saluoo sluana luaaana e ul aauu1M a3eid-lsal3 ayl jo auo sem 01H aolunf 3lealaW le sapea� [1g2ia Tie VneueneD 2a.I9 saDejd yfneuene3 0Z 6eyT Sul;aalu IoJ pazlufioaax aiam uos1O s aq; Io pua ay; ;e all;aa alddV ;e iatpea; salpnls slo o; aolnias jo saeatI 61 oat ul anbeld e pa;uasaid jog `N1HDOOg Nom K AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 3311A.02, 331 A.07 and other applicable laws, as amended. (B) The printed 1 se - which is attached was cut from the columns of said newspaper, and was printed and published once sea -week, for successive -weeks; it was first published on Thursday, the C7'CI 4\ day of 19 '.-(•(:) , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcdefghij klmnopgrstuvwxyz BY•/d,1a.—/ ( -L TITLE: Secretary Vthe blisher Subscribed and sworn to before, me on this day of Pf\t , 19 T" Notary Public / CAROL J. HAVERLAN I NOTARY PUBLIC - MINNESOTA � DAKOTA COUNTY 'M�. My Commission Expires Dec. 3, 1989