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HomeMy WebLinkAboutOrdinance 595 . . . ORDINANCE NO. 595 CITY OF MOUNDS VIEW COUNTY OF RAJ.'\1SEY STATE OF MINNESOTA AN' ORDINANCE 4>\DDING DAY CARE CENTERS AND GROUP NURSERIES AS A CONDmONAL USE IN THE B-1, B-2, B-3, B-4, A.J.'ID 1-1 ZONING DISTRICTS; PLANNING CASE NO. SP-OI3-97 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1102.02, Subd. 23 and 24 are amended to read as follows: Subd. 23. Day Care Center; Group Nursery: A sel v;c;e tJluv~ded to the 'pu.bK~ ~ vvllid:.l dhldJ.<;ll of school 01 preschool aoe ..ue ccli.ed rUt Jlli:U~ <;,staLlisheJ bu.;)~Gs.s hUl.ll.). facility for the care and suDervision of more than ten (10) preschool and school age children durinlS established business hours for oeriods of less than 24 hours per day, and which is licensed and approved bv the State of Minnesota. Also includes oreschools and nurserY schools. Subd.24. Day Care, Home: A f..uud.y d~elttl~ ~ vvllich l"ost<;l G.uC, sUfiel v;.);ou ..uld tJ.~~ of c;hJdJ.c.a of SdlOOla.uJ fi1eschuol <10"~,s plov;JeJ dl.L1;"~ e.)t4Llished Lu,s~e,ss how.), The use ofa residence for the care of ten (10) or fewer preschool and school al$e children durin~ established business hours for less than 24 hours per day. and which is licensed and approved by the State of J\tfinnesota. SECTION 2: Section 1102.02 is amended to add the following definition as a subdivision, placed in alphabetical order, and the remaining subdivisions in Section 1102.02 being renumbered accordingly. Subd. XX. Day Care. Group Familv: The use of residence for the care of fourteen (14) or fewer preschool and school age children during established business hours for less than 24 hours per dav. and which is licensed and aD proved bv the State of Minnesota. SECTION 3. Section 1107.05 Subd. 2. is hereby amended to read as follows: Subd. 2. Day care center, group nursery; provided; that: a. No overnight facilities are provided for the children served. Children are delivered and removed daily. b. The front yard depth shall be a minimum of thirty five feet (35'). c. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions Ordinance No. 595 April 14, 1997 Page 2 d. as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. The distance between any outdoor play yard for a day care center or group nurserY and the Highway 10 right-of-way line shall be a minimum of200 feet except as provided in Section 1123.02 Subd.1.c. No day care center or group nurserY shall be oerrnitted where the distance from the oroperty line for the day care center or group nursery to a premise requiring a liauor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as orovided in Section 513 of the Municipal Code. is five hundred (500) feet or less. except that the 500 foot requirement shall not apolv to anv liquor establishment receiving at least sixtv oercent of its annual gross sales revenue from the sale of food. . e. f. g. h. 1. SECTION 4. Section 1110.04 Subd. 7. is hereby amended to read as follows: Subd. 7. Day care center, group nursery; provided; that: CT ':" h. a. No overnight facilities are provided for the children served. Children are delivered and removed daily. The front yard depth shall be a minimum of thirty five feet (35'). Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial Of collector street of sufficient capacity to accommodate the traffic which will be generated. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. The distance between any outdoor olav yard for a day care center or groun nurserv and the Highway 10 right~f-waY line shall be a minimum of200 feet except as b. c. d. e. f. . . . t Ordinance No. 595 April 14, 1997 Page 3 provided in Section 1123.02 Subd.1.c. 1. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as provided in Section 513 of the Municipal Code. is five hundred (500) feet or less. except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. SECTION 5. Section 1112.04 (conditional uses in the B-1 District) is hereby amended to add Subd. 5 as follows: Subd. 5: Day care center. group nursery: provided that: No overnight facilities are provided for the children served. Children are delivered and removed daily. The front yard depth shall be a minimum of thirty five feet (35'). Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 ofthis Title. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. &. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. h. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum 0[200 feet. except as provided in Section 1123.02 Subd.1.c. 1. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as provided in Section 513 of the Municipal Code. is five hundred (500) feet or less, except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. a. b. . c. d. e. f e SECTION 6. Section 1113.04 (conditional uses in the B-2 District) is hereby amended to add Subd. 6 as follows: Ordinance No. 595 April 14, 1997 Page 4 6 Subd.6: Day care center. group nursery: provided that: a. No overnight facilities are provided for the children served. Children are delivered and removed daily. The front yard depth shall be a minimum of thirty five feet (35'). Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of200 feet. except as provided in Section 1123.02 Subd.1.c. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as provided in Section 513 of the Municipal Code. is five hundred (500) feet or less. except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. . b. c. d. e. f &:. h. 1:. SECTION 7. Section 1114.04 (conditional uses in the B-3 District) is hereby amended to add Subd. 9 as follows: Subd. 9: Day care center. group nursery: provided that: a. b. c. d. e. No overnight facilities are provided for the children served. Children are delivered and removed daily. The front yard depth shall be a minimum of thirty five feet (35'). Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. Adequate off-street loading and service entrances are provided in compliance with e , . Ordinance No. 595 April 14, 1997 Page 5 Chapter 1122 of this Title. L. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. &. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. h. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of200 feet. except as provided in Section 1123.02 Subd.1.c. 1. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as provided in Section 513 of the Municipal Code, is five hundred (500) feet or less. except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. SECTION 8. Section 1115.04 (conditional uses in the B-4 District) is hereby amended to add Subd. 6 as follows: Subd. 6: Day care center. group nursery: provided that: a. No overnight facilities are provided for the children served. Children are delivered and removed daily. b. The front yard depth shall be a minimum of thirty five feet (35'). c. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. d. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. e. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 ofthis Title. L. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet. except as provided in Section 1123.02 Subd.1. c. . No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a &. h. e 1. " ,- ....T ~I"\.~ uramance NO. J~J April 14, 1997 Page 6 t liquor license. as provided in Section 502 of the Municipal Code. or a license fOI an adult establishment. as provided in Section 513 of the Municipal Code. is five hundred (500) feet or less. except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. SECTION 9. Section 1116.04 (conditional uses in the I-I District) is hereby amended tc add Subd. 21 as follows: Subd. 21: Day care center. group nursery: provided that: a. No overnight facilities are provided for the children served. Children are delivered and removed daily. The front yard depth shall be a minimum of thirty five feet (35'). Not less than forty (40) square feet of outside play space per child be provided 2!p.q, that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be . generated. All signing and infonnational or visual communication devices shall be in compliance with the Mounds View Sign Code. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of200 feet. except as provided in Section 1123.02 Subd.1. c. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license. as provided in Section 502 of the Municipal Code. or a license for an adult establishment. as provided in Section 513 of the Municipal Code. is five hundred (500) feet or less. except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. . b. c. d. e. f. &. h. h SECTION 10. Section 1123.02 Subd. 1 is hereby amended to read as follows: Subd. 1. Continuance of Use: e (a) General: Any structure or use lawfully existing prior to a revision to this Code or t , . e Ordina..?}ce No. 595 April 14, 1997 Page 7 (b) @ a change in a zoning district designation which makes the structure or use nonconfonning shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended. Parking Areas for Non-Residential Uses, Allowed by Conditional Use Pennit, in the R-1, R-2, R-3, R-4 and R-5 Districts: Parking areas in existence as of the date of enactment of this ordinance, and having setbacks which are non-conforming with respect to setback requirements stated in Section 1104.01 Subd. 4, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the ordinance in effect at the time of original construction, except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. Day Care Centers and Group Nurseries: Day care centers and group nurseries in existence as of the date ofthe enactment of Ordinance 595. having a play yard less than 200 feet from the Highway 10 right-of-way line. shall not be considered a non-confonning use. and any structure or play yard on the premises may be reconstructed. expanded or enlarged as long as the setback of the play yard from the Highway 10 right-of-way line is not made less by the reconstruction. expansion or enlargement. SECTION 11. EFFECTIVE DATE: This ordinance goes into effect upon adoption of the City Council and 30 days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on March 24, 1997. Read and passed by the City Council of the City of Mounds View on this 14th day of April, 1997. ATTEST: Q<<w UJJ~ Duane McCarty, Mayor ' CPl.J:d~ Charles Whiting, City Cler Adnumstrator Ordinanc.e No. 595 April 14, 1997 Page 8 (SEAL) APPROVED AS TO FORM: \.-. /'~ \ L- Robert Long, City Attorney - N:\DAT A\USERS\PAMS\SHARE\SPECPRO.l\S 13.97\DAYCARE.FIN . e t e e ~ "... ~ffibabit of ~ublitation ~tatt of :fflinntl1ota }~s. ~ QCountp of 3aaml1tp TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , 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 qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 595 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY, the , 19~, and was thereafter printed and published on every 23RD day of APRIL to and including , 19~; and printed , the day of 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: *ABGBCrQIII.dI(LMPJOl'EilRS'f~\I1fR~ "AB8SCrElIlldl tLMI J8P61I"lS'l"U'J'/;Jf::Z *abcdefghijklmnopqrstuvwxyz By'h'~'bAd TttZE h~ e.nP r / Subscribed and sworn to before me on this 23RD day of APRIL ~*~.Jl. ~~ Notary Public *Alphabet should be in the same size and kind of type as the notice. ,1997 . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $15.50 per co!. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $10.51 per co!. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per co!. inch 1/97 ORDINANCl;~9.;t.595 CITY OF'MQllNE)$ VIEW COUNTY OF'RAMSEV STATE OF MINNESOTA AN ORBINAN~ADDING DAY CARE 'l CENTERS Af.iI)i.(3RGUP NURSERIES AS /i... CONDITIOIliAtlYSEIN THE B-1, B-2, B-3, B-4, ANPJ.t~ONING DISTRICTS; PLANNINl1CASE NO. SP.o13-97 THE CITY OFMO,UNDS'V1EW ORDAINS: SECTION 1: Section 1102.02, Subd. 23 and 24 are amended to read-as follows: Subd..23. Day.care ~ Gro~p.Nul"SE!ry: ~~ fQr r~=e and suoervislon of more than ten ~~~ ,,~_~:~~~~~ChoOlage chil~ren durina lt~bSh b .. ~ours for oenods of leSfi th;~ ~4 ~~: ~:~ ~ay. and which is liCense<! ~ aoor v ,h State of Minnesota Also. [!)~ludeS oreschools and nurservschoolS~ Subd. 24. Day Cafe; Home: ~ ~::~: :~':::Mer eire, IllAll~~~~~ o~!. . II ~f {]i~agl iR9 't~~~~~ ;8~ i8 pr~"i~liil ~l:ir;RB 'ig'tabliiAid ~WgiA". --1b~ ~se af-;;residencefar the care of ~'::' ~1~ or f;~~r Of~SchOOI and school a~ c liI~re ~ durina estabr shed business hours fQr . 1.ess th..n 24 h~~rs p:r dav and which is Licensed and oro ~d bv the State Qf Minnesota. SECTION 2: Section 1102.02 is amended to add the following definition as a subdivision, placed in alphabetical order, . and the remaining subdivisions in Section 1102.02 being renumbere9 accordingly. Subd ~. .Dav c~re ~rouo Familv: ~ ~ of r~de~~e for he re of fourteen 1141 ~;~~ef "re,,~:;ol ~~~.~"hool aae children ~;ma establl,,~ ed bu mess hours for less :~ 24 h~: b,er dav and wh~hiS licensed aoore v the State of MInnesota, SECTION 3. Section 1107.05 Subd. 2 is hereby amended to read as follows: Subd. 2. Day care ~ group nursery; provided,. that: a. ,No overnight facilities are provided for the children served. Children are delivered and removed daily. b. The front yard depth shall be a minimum of thirty five feet (35'). ' c. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. d. Adequate off-street parking and accesS is provided in compliance with Chapter 1121 of this Title. e. Adequate off-street loading and service entrances are provided in compliance with. Chapter 11220fthis litle. . 1. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. g. All signing and informational or visual communication devices shall be in compliance With the Mounds View Sign Code. :- T~e distance between anv outdoor DIllY. :.rd fUr ~ ~;~ ~ar~ qAnter or orouo nursery. :r;d .t~e ~;hW~o 1_ ~~-Of-wav line s~all ~~ a minim of OfelCceot as orovided 111 ~iFo 112~~ Subd. 1.c.. i. ~~ :.~~r~ c~;;r ~r o~ouo nurserv shall =,1 _ here the distance fromth~ ~:'V li~; fo~~e ~av care ~e~er or 9rou12 ~s~r~ to a or mIse reoutnna a hOUQl ~~~~~~s ~~i~~de~ ~n. Section 502 of thf! ~~ ~u~ 0 _ license for an adult :a:='51~:i egS :~Vid;d in ~n 513 of ~~ s five hundred (500) fe!!! . _.~. '_.. tQ ~~P~ijO~~;;~;= . . her~ ""su~' . provi . " that: a. No ve,rnight childr ed. en are delivered and removed ' .~ ! b. The, yarJ,.tn shall be a minimum of thirty ~ve f~et (3~'tl;. . c. Not Jesji than;.fqr#Y (40) square teet of .'. ,-outside plaY space,~ child be provided and ,that s,uch space Ile'suitably fenced and/or, ;scr$nedlQ.a . .cQ{ldi,tiQns as' speCifiedbythe.lfift:,lh..., .... '. d. Adequate g.~ acceSs is pr~:lVided in c~~er 11.2.1 of thiS litle. . . t':lti>, i" /1 e. Adequate. ,.~, ingaods.ervice entrances are provide compliance with Chapter 1122 of this Title. 1. The site an,cl rela~~~,parl9ng and service entrances shall'~esen1ed .byan arterial or collector strEletof sufficient capaCity to accommodate the traffic which will be generated.. ':' g. All $ignillg a~d informational or visual communi.cation "dj;'!vjceS shall be in compliance. with the MO\inds,Ni~...(SignCode. sf' The distance between any outdoor DIllY. ~~.:: ~:~y re. ~ter or or~up nurse~ nd.t. HI we 1010 !fht-::BY 1I~~ s~all ~~ In! U f 2 fe ..9X . t as oVlded \. ~G~~2SUbd: 1:C~">. ... .... ....... i. ~u ~;:re 6enter 0-': orouo nurser,. shall. ~~'i:~~- :~re the ~istance fr?rn ttw. . ~,,~..y .1.. f e dav r.are cent!ilr or'QroUD lliurser r to~~remiSerElOUiTtno alioUqr iClilnse .' as . r vided in Section 502 of the nici a " lic f r a a ult e ~s~~. / ,Secti .51 f ~.. ;~~~;;: ~~ i~ fivehuildrA<f{5~0) feet ~ I~s_. c ot tat e 500 foot reaUlremem ~I\ ~~t a~DI~to ~: linuor esta~lishmem ' ~e~~~:. le~~ s . oer?ent of Its annual ros I rev ue from ~~ sale of food. SECTION 5. Section 1112.04 (conditional uses in the B-1 District) is hereby amended to add Sulld. 5 as follOwS: ~ubd.' 5' Dav.care'center. OrOl,lD nursery:', pr~~~ th~: . . · .. ..;j' ;v v~er. .~~tfaC!lities are orovi.dedfor the g lid en erv. Children are .dellverad and te;nOVed daily, . . >k .. .. . ... . b. Th; fr~rrt vard deothshallbe a minimum 9ft~fivefee1135')'. . . ... ~vt ::~; ~~~~ tortv (40) souare feet. of outi'ue~g~ s ___'D~r child be orovided and ~he~ s~;d ii1o:ce bEl suitab~V fence~. and/or scr e I ccordance with conditions a!ii specified bv the City Council. .... d. ~d~uate off-street oarkina and access .is prov. e in comolianee V(ith Cheoter; 1121 of ~ ~ :rd:u;~e ~~_str:~I?adin9 a~d servi~e ~ tr nc s e ovl 8d In comollance WIth Cha~ter 1 i 22 of this Title. .' . ~ ~h~ ~t~ and related oarkinoand service . .~'tr..~~e;:~~~ l>~served by an arterif31 or colle_tO. I. ~~t t 61 sufficient cabacitv,to.' gccommo . e the traffic which will b~ ., generated, .. ..... ..." . . g. AlI.si.~~~aa"din!~~!"!l~iOnal or visual commun~~ tlon . devIces. shall be iO mrDlian~~= ~ Mounds Vi.ewSinn Co~ ,. The dl . c between,anv outdoor olal/. ~ard f~ a;;ltcare center orarouf) nursef,Y. :O-~.~;;. H~~.W~Y 10 riahMf-wayline shilll be a I u of 00 feet. exceet as provided in ~~~on~ 23.0~ Subd. 1.C. .." . . . . i ~~ ~:r ~~:~~~r o~ a~uo nursery shall \:' ;:r d the distance from the i ~~~~ ii~~ for the dav care center QqlfouD ~f ~e~: ~~.: ~:.~:is.e reou.irlnaa1iouor ~e~s~ av vr I d m Section 502 of the ::'=~ Cod~, or a license for an adult tt;"''''i''''''~:';~ ~~a~ided in Section 513 of the Munic~v. ~~et is five hundred (500) feet orlefs e^ceo. a the 500 foot reauirement ~al~ ~~~ ;~~l~ t; ~~ .liauor esta~lishment ~ecelv~,y a. least s . . oercent of Its annuat ross. ales revenue from the sale of food. SECTION 6. .Section 1113.04 (conditional. uses in the 6-2,o)strict) is hereby amended to .add Subd. 6 as follows: .~~bd. 6: D~Y care centei. orouO nurs.er)'~ gmJerated.. . lis' i com r nc h:Th di een n ~oo a :ra '': ~ =!if. n r a ~.~;;. ;/;. ~10 rlOht-of-wav line s~all ~e ~ IIlJ u. f. .... feet. exceot as orovlded In ~~i~n 112302;Subd 1.<:. i. N~ da~~~re cen~er or arouo nurserv shall .~e =i d wher the distance from the ~v;.~'~ i~: :r ~e~a,ycare <:e~ter or ?rolJIl. ~r~;r:~v ~ o..;tls.e reQu.lf/nQ a Ilouor ~e~~e jfls~ovl_ed In Section 502 of the '..~~~~-;:' ;;d:: ~~.~ice~se fo~ an adult iii;~ 'de.. _s I ed In section 513 Qf ~t =ni~:~ Cadet .~~ five hundradl5?O) feet ~~ _. pt tha e 500 foot reaUlremem ~'~ ot a;;-~IY to anv liouor establishment . ;;. ;: :t~:~~ sixtY oercent of its annual os e r .' ue from the sale of food.. SECTION 7. Section 1114.04 (conditional uses in the 6:3 District) ill hereby amended to add Subd. 9 as follows: SuMS: Oav care center arouo nurserY~ l!I~v=at. : rr~ u:~~ia~t~~:I:ElS are orovi.ded for thQ gJ Jld nee. I ren are delivered an.d. Ifl:;jVed daily, The fr~~t yard deoth shall be a minimum pf ~ilf five feet 135'L. c ~ot less than fortv (40). souare feet Qf =iue o~ay S[l~~ oer ~ild be orovided and. ~h~. suc . soa be sUltablv fenced and/or sc eened in accordance with conditions ~ Wecified by the City Council. ~~~OO~Jate off-street oarkino and access is provi ed in comoliance with ChaDter .1121 of ~...- Jt :rd:u~~e ~~s::et .I~ading a~d servi?e ~ ncliO. e ro I ad In comDlIance WIth ptflf1122 of this TitlE!... . "f The: site and relatedoarldna and service :~::~~ shall be serVed by an arterial or .~:70~~ ,~t~:t ~~ suffi~ient~aoac!ty tQ oat traff.lc which Will bE!. lWl'IElrated; .. ...... . . .....g,~'~i~~~a andin~ormational orvis\J~ ~~p;. u. ~~;~on dEWlces shall. be 111 bn~n- h the MoundsVif!NI Sian Code. .~. ~l.ft;f ~~~:ce between any outdoor Dial/. ~'t:tiC care center or arouo nurserl/. :I:,~;, ~;:;-rif.:1~ht-Of-WaY line ~all ~e ~ m ;.. 0 ..,lCceOt as orovlded In ~~2~SUbd..1.c. ~ ~;:';;;i~~~:~er 6ra~ouo nurserv Shall ~.. . . the.dlstallce from th~ ~~~~.~ I~ fa[ the <!Bv care ~e~er or ?rOUll ~:~:: ;: a oremlse reoulf/na a lIouor t~~fu'.'~~t ;ri~~d~ in. Section 502 of the =b~I"; COue. ora:. Ilce~sefo~ an adult ~h~:;r,.asnr Ided In Section 513 of ~.. ~,:~~f~~ ~ five hundred 15?0l feet ;~"~ . ..... e500 wet reaUlrem~1 ~. ~~~~:i o!:fi'~: ~;; liauor esta~llshnient i ~:~IIl~e';' .e~ ~ . ~ercent.of its annual .: s I rev u from tI:Ie sale of food: SECTION 8.. Section 1115.04 lconditional uses in the 6-4 District) is hereby amended to' add Subd. 6 as follows: \ ~ubd. 6: Day: care center. arouo. nurser..t~ ~:=~ed~~ .. . . :,-~"o Oyf~~t ~~I~~sare orovi.ded for the ; Q ren s rv . II en are delivered an4 @r~:a~~. . :" .. ... 0 vard dEl~ shall be a minimum minimu ' feet. ce t ~ection 1123.02 Subd. 1.c. en r r r e e er it! d wher the dis anc from thE1l ~ro~ ;y line fo e da care center or rou ~~r~er~ to : oremise ~q,Ui~iIl9 a liauo~ licen.s~ as ~ovided in. ecti n 502 of th( ~~~~h~~~de~ o;o~::~:e fO\ ~n5a~u~ the Munici:alj~d: is five hun~~~~500~ fe~ 9r less. exce that the 500 foot reauireme~ . t' h receivin~ at least si ercent ofit annU gross s les revenue from the sale of food. ,~ SECTION 9. Section 1116.04 (condition~ uses in the 1-1 District) is hereby amended tpi add Subd. 21 as follows: .,~ l;!ubd. 21: Day care cente(. arouO nurserv~ llIovided that: · a.Noo eri htfa i1iti n r eliv r removed dailv. . .. ,1 b. The frO;; verd deoth shall be a minimum. ~~i~ five fe~~~'1. . " ~~ot ~ess~ fortv 140\ sauare feet ~~ ~li ;~i'I~: ~ ~~~i~~~t~~:~e~~~~~~~~ screen d I a 0 dance With condItIons a!l. ~~fied bv the Citv Council. . : ' 9 A;;eau~te off-street oarkino and accesU provided in comoliance with Chapter 1121 Of ~slitle. " ~t Adeouate ~ff-s~~:et I?ading a~d servi~ en;iances are ro I ed In comohance Wlt\'l ~~r 1122 of this li~ ~ .. , ,..e sit; and related oarkino and service entrances shall be served bv an arterial or co~ect~ str~et ~f sufficient caoacitv to gQl om oda e t e traffic which will be generated, ~. . ~I Si.~ni~~ an~ in~ormational or visu~1 ~"';;Jl~atl n eVlces shall be 1Il m~~ ~ w~te MoundS View Sian Code. &, .:;,;, dlsta e between anv outdoor DIal/. ~ll L. : ~;~ ;are center or 9roup nursery. and the HiuhW~~ rioht-of'wav line shall be a (I1inimum of eet. exceot as orovided in ~iaIl1~3 02 Subd. 1.c. . ' i. No de care center or arouO nurse\y shall b~ ~rmitted where the distance from the :\1;:' li;e ~or ~~e ~av care ~enter or 9rQU~ ~ ~r~", ~ ~o D mise reQUlTina a hOU~)r te~se jfls ~rivided in Section 502 of the ~~~Ci~g, C~ ~ 0; a license for an adQlt ~ "~ishm~.. orovidad in Section 513 m ~e ~~nici"~fet i~five hundred (S?O\f~ ~I~ ~ the t 500 foot reaUlremeJlt s~al~ ~~~ ;i:Jf ~,i. :uor esta~lishment ;ceZ::; :' ;;;;~ Sl fr rcent of ItS annl(Sll .05 e r He om the sale of food" , SECTION 10. Section 1123.02 Subd; 1 'is hereby amended to read as follows: . Subd. 1. Continuance of Use: (a) General: Any structure or use lawfullY existing prior to a revision to this Code or. a change in a zoning district designation whi~h makes the structure or use nonconforming shall not be enlarged but may be continued;at Ahe size and in the manner of operation existing upon. such date, except ~s (1)-0 _..,..0_ ~l; .,,1;' 'd~ ~ ~. 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