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HomeMy WebLinkAbout0198 ORDINANCE NO. 198 - CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE The City Council of the City of Lakeville hereby ordains: Section 1. Ordinance No. 167 is hereby amended with the addition of Section 22, Day Care Group Nursery Facilities which regulates the development o£ day care facilities. SECTION 22. DAY CARE GROUP NURSERY FACILITIES 1. Purpose. The regulation of day care group nursery 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 neigh- . boyhood. This section establishes the City's minimum requirements for the establishment of a day care facility. 2. Application. Day care group nursery facilities shall be considered a 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. 3. 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 section. 4. Site Plan Drawing Necessa~. 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 Section 4.3 of this Ordinance. _ 5. General Provisions. ,Day care facilities shall be permitted as a principal or an accessory use provided that the day care facilities meet all the applicable provisions of this Section of the Lakeville Ordinance. _ 1) Lot Requirements and Setbacks. The proposed site for aday care facility must have a minimum lot area of one (1) acre and a minimum lot width of one hundred (100) feet. The day care facility must meet the setback requirements of the respective zoning district. 2) Municipal Sanitart' Sewer and Water. All day care facilities shall have access to municinal sewer and water to protect the health and safety of all persons who occupy the facility. 3) Screeni~. Where the day care facility is in or abuts any com- mercial or industrial 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 Sections 9.6 and 9.7 of this Ordinance. 4) 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 12 of this Ordinance. Park- ing areas shall be screened from view of surrounding and abutting residential districts in compliance with Section 9.7 of this Ordinance. b) When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for dete rnrining the total off-street parking spaces required. 5) Loading One (1) off-street loading space in compliance with Section 13 of this Ordinance shall be provided. 6) Si~cnage. All signing and informational or visual communication devices shall be in compliance with Section 16 of this Ordinance. 7) Da,~ 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 [iuilding Official to insure the structure is in compliance with the State Quildiny Code. The facility shall meet the following conditions: a) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or cons titute a blighting influence within a reasonable distance of the lot. b) When the day care facility is an accessory use within a building, it shall be located in a portion of the building separated from the other uses located within the structure. 2 c) An accessory use day care facility shall be adequately sound-proofed to remove extraneous noise that would inter- fere with the day care operation and would affect the health, safety and welfare of the day care participants. d} Internal and external site land use compatibility and suffi- cient peripheral area protections shall be provided by the day care facility. e) ?rimary Space 1. There shall be a niininium ofthirty-five (35) square feet of useable Floor space (primary space) per child in attendance, exclusive of hallways, bathrooms, lockers, kitchens and floor space occupied by sanitary equipment, but including equipment and furnishings regularly used by the children. 2. No inor•e than twenty-five (25) percent of the proposed primary space shall t;e occupied ny equipment to be left stationary. 3. The state licensing agent shall designate the licensed capacity of the program. 4. All stairways and corridors leading to exits shall be kept clear and free from obstructions at all times. f) Gathreom Facilities 1. Adequate toilet and washbowls must he provided in a well-ventilated place. 2. There must be at least one toilet and one washbowl provided for each 15 children and one additional toilet and washbowl for earh additional fifteen (15) children or fraction thereof. Toilets and washbowls must be reachable. 9) Sick Room. Children who are not well should not be required to be with a group or involved in its activities. Neither shoultl an ill child be placed in solitary confinement. Centers roust provide care fora child who becomes ill. Supervision must be provided until the child is picked up. 1. Space designated for use by an ill child need not be permanently arranged, but shall be: a. Used only for other compatible purposes; e.g. private office, library, staff's room, or 3 b. Effectively protected from the main activity area and the kitchen by screening, and c. Equipped with a child's cot, and d. Within sight and hearing of an adult, h) Sleepiny Area. (;hildren in play care program need rest and quiet as parr, of the daily activity. A cot or a crib must be provided for Pach child taking a nap ina program that includes a rest. Adequate space and accessibility of exit must he maintained. iJ Outdoor Play Area. Good child education requires adequate room to engage in large-muscle activity under safe can- ditions. Uutdnnr sp,u e is al~;o appropriate for other learn- ing activities. 1. Outdoor play area of at least 75 square feet per child and no less than 1,000 square feet per program must be provided. This requirement will be considered fulfilled 6y any one of the following: a. An adjacent play area where children are rotated in appropriate numbers to maintain 75 square feet per child for outdoor play. b. Adjacent park facilities within 1,000 feet, or c. Park space that is more than 1,.000 feet from the group clay care center, where daily transportation is provided. 2. Play space must be adequately enclosed where necessary to prevent children from leaving the premises unattended and outdoor play time must be directly supervised with the required staff-to-child ratio as specified in the Department of llelfare Regulations D.P.Id. Rule 3. 3. Outdoor play areas shall. not be provided within the required front yard setbacks. 6. Non-Conforming Use. Existing day care facilities lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued opera- tion. Any existing day care facility that is discontinued for a period of more than thirty (30j days, or is in violation of the Ordinance pro- visions under which it was initially established, shall be brought into conformity with the provisions of this Section. 7. Inspection. The City of Lakeville 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 insure compliance with the provisions of this section or any conditions additionally imposed. n .11 Section 2. This Ordinance shall be effective inmiediately upon its passage and publication. Adopted this _lath day of _January,_ 19E32 CITY OF LAKEVILLE BY /~-~U~ Robert J Mayor - ATTEST: Patrick E. McGarvf~ Cit Cle~ - Y 5 PUBLIC NOTICE ORDINANCE NO. 195 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 167, BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE The City Council of the City of Lakeville hereby ordains: Udine 1. Ordinance No. 167 is hereby amended with the addition of Section 22, Day Care Group Nursery Facilities which regulates the development of day care facilities. SECTION 22. DAY CARE GROUP NURSERY FACILITIES 1. Purpose. The regulation of day care group nursery facilities in these zoning regulations is to establish standards and pro- cedures by which day care facilities can be conducted within the City of Lakeville without jeopardizing the heaith, safety, and general welfare of the day care participants and/or the surrounding neighborhood. This section establishes the City's minimum re- quirements for the establishment of a day care facility. 2. App&&M em. Day care group nursery by screening, andJ c. Equipped with a child's cot. and d. Within sight and hearing of an adult. h) Sleeping Area. Children in a day care program need rest and quiet as part of the daily activity. A cot or a crib must be provided for each child taking a nap in a program that includes a rest. Adequate i space and accessibility of exit must be maintained. i i Outdoor Play Area. Good child educa- tion requires adequate room to engage in large -muscle activity under safe condi- , lions. Outdoor space is also appropriate for other learning activities. 1. Outdoor play arca of at least 75 square feet per child and nu less than 1,000 square feet per program must be . provided. This requirement will be considered fulfilled by any one of the following: a. An adjacent play arca where children are rotated in appropriate - numbers to maintain 75 square feet per child for outdoor play. 1 b. Adjacent park facilities within 1,000 feet, or c. Park space that is more than 1,000 ( feet from the group day care center, I where daily transportation is provid- ) ed. 2. Play space must be adequately enclosed where necessary to prevent children from leaving the premises unattended and outdoor play time e must be directly supervised with the required staff -to -child ratio as S specified in the Department of Welfare .r Regulations D.P.W. Rule 3. 3. Outdoor play areas shall not be pro- U vided within the required front yard e setbacks. 6. Non-ConManinq Use. Existing day care facilities lawfully existing on the date of this l Ordinance may continue as non-confor,:rr,g n uses. They shall, however, be required to o:, t, lain permits for their continued op.-rutiQn.r Any existing day care facility that is discon- tinued for a period of more than thirty (B0) j days, or is in violation of the Ordinance pro -1 visions under which it was initially establish -3 ed, shall be brought into conformity with the1 provisions of this Section. iS 7. Inspection. The City of Lakeville herebyei reserves the right upon issuing any day careui facility conditional use permit to inspect the. premises in which the occupation is beingac conducted to insure compliance with the pro -/9 visions of this section or any conditions addi-ra tionally imposed. c Section 2. This Ordinance shall be effectivem immediately upon its passage and publica-R1 tion. 10 Adopted this lath day of January, 1982. ,e City of Lakeville tz BY ROBERT JENSENO Mayor )u ATTEST: • I' PATRICK E. McGARVEY IP City Clerk u 289 ^ AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular business hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once e^ ucelei. for s s; that it was first so published on Thursday, the c-.2`5An, day of Q-tkc'19 and was thereafter printed and published on every Thursday to and including Thursday the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; j abcdefghijkimnopgrstucwxyz Subscribed and sworn to before me thi ay CAROL J. HAVERLAND _ • NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec. 3, 1982 .