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ORD 08-14ORDINANCE NO. 2008 —14 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE DEFINITIONS SECTION, DAY CARE NURSERY FACILITIES SECTION AND RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICT SECTIONS OF THE OTSEGO ZONING ORDINANCE RELATING TO STATE LICENSED DAY CARE AND RESIDENTIAL CARE FACILITIES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. The following provisions of Section 20-2-2 of the Otsego Zoning Ordinance shall be amended to read as follows: Residential Care Facility: A facility or program licensed by the State Department of Human Services or County Commissioner of Health that provides care in or outside of a person's own home: Nonresidential Program: Care, supervision, rehabilitation, training or habilitation of a person outside the person's own home and provided for fewer than 24 hours a day, including adult day care programs and chemical dependency or chemical abuse programs that are located in a nursing home or hospital and receive public funds for providing chemical abuse or chemical dependency treatment services under Minnesota State Statutes Chapter 2546. Nonresidential programs include home and community-based services and semi-independent living services for persons with developmental disabilities that are provided in or outside of a person's own home. 2. Residential Program: A program that provides 24 hour -a -day care, supervision, food, lodging, rehabilitation, training, education, habilitation, for four (4) or more persons with developmental disabilities and chemical dependency or chemical abuse programs that are located in'a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment programs under Minnesota State Statutes Chapter 2546. Residential programs include home and community-based services for persons with developmental disabilities that are provided in or outside of a person's own home. 3. Boarding Care Home: A licensed facility or unit used to provide care for aged or infirm persons who require only personal or custodial care and related services in accordance with these regulations. A boarding care home license is required if the persons need or receive personal or custodial care only. Nursing services are not required. Examples of personal or custodial care: board, room, laundry and personal services, supervision over medications which can be safely administered, plus a program of activities and supervision required by persons who are not capable of properly caring for themselves. Day Care Facility: Any facility licensed by the State Department of Human Services, 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 twenty-four (24) hours per day, in a place other than the person's own home: Day Care, In -Home: Any state licensed facility where childcare is provided to fourteen (14) or fewer children in the principal residence as regulated by Minnesota State Statutes and Minnesota Rules. 2. Group Day Care Center: Any location other than a residence which provides care for six (6) or more unrelated children at one time, for compensation, and which is licensed to provide such services by the Minnesota Department of Human Services. This term shall include, but is not limited to, uses such as nursery schools, day nurseries, child care centers and drop-in care centers. Section 2. Section 20-2-2 of the Zoning Ordinance is hereby amended to delete the following definition: Group Day Care Center: Any location which provides care for six (6) or more unrelated children at one time, for compensation, and which is licensed to provide such services by the Minnesota Department of Public Welfare. This term shall include, but is not limited to, uses such as nursery schools, day nurseries, child care centers and drop-in care centers. Section 3. Section 20-30-5 of the Otsego Zoning Ordinance shall be amended to read as follows: F. Passenger Loading: Day care facilities shall provide off-street loading areas for passenger pick-up and drop-off subject to review and approval of City staff. 2 Section 4. Section 20-51-2.17 of the Otsego Zoning Ordinance (A-1 District Permitted Uses) shall be amended to read as follows: F. Reserved. Section 5. Section 20-51-4.D of the Otsego Zoning Ordinance (A-1 District Accessory Uses) shall be amended to read as follows: D. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 6. Section 20-52-2.F of the Otsego Zoning Ordinance (A-2 District Permitted Uses) shall be amended to read as follows: F. Reserved. Section 7. Section 20-52-4.D of the Otsego Zoning Ordinance (A-2 District Accessory Uses) shall be amended to read as follows: D. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 8. Section 20-60-2.E of the Otsego Zoning Ordinance (R -C District Permitted Uses) shall be amended to read as follows: E. Reserved. Section 9. Section 20-60-4 of the Otsego Zoning Ordinance (R -C District Accessory Uses) shall be amended to include the following provision: In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 10. Section 20-61-2.D of the Otsego Zoning Ordinance (R-1 District Permitted Uses) shall be amended to read as follows: D. Reserved. 3 Section 11. Section 20-61-4 of the Otsego Zoning Ordinance (R-1 District Accessory Uses) shall be amended to include the following provision: K. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 12. Section 20-62-2.0 of the Otsego Zoning Ordinance (R-2 District Permitted Uses) shall be amended to read as follows: C. Reserved. Section 13. Section 20-62-4 of the Otsego Zoning Ordinance (R-2 District Accessory Uses) shall be amended to read as follows: J. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 14. Section 20-63-2.0 of the Otsego Zoning Ordinance (R-3 District Permitted Uses) shall be amended -to read as follows: C. Reserved. Section 15. Section 20-63-4 of the Otsego Zoning Ordinance (R-3 District Accessory Uses) shall be amended to include the following provision: J. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 16. Section 20-64-2.0 of the Otsego Zoning Ordinance (R -4A District Permitted Uses) shall be amended to read as follows: C. Reserved. Section 17. Section 20-64-4 of the Otsego Zoning Ordinance (R -4A District Accessory Uses) shall be amended to include the following provision: In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. 4 Section 18. Section 20-65-2.0 of the Otsego Zoning Ordinance (R-4 District Permitted Uses) shall be amended to read as follows: C. Reserved. Section 19. Section 20-65-4 of the Otsego Zoning Ordinance (R-4 District Accessory Uses) shall be amended to include the following provision: J. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 20. Section 20-66-2.0 of the Otsego Zoning Ordinance (R-5 District Permitted Uses) shall be amended to read as follows: C. Reserved. Section 21. Section 20-66-4 of the Otsego Zoning Ordinance (R-5 Accessory Uses) shall be amended to include the following provision: J. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 22. Section 20-67-2.E of the Otsego Zoning Ordinance (R-6 District Permitted Uses) shall be amended to read as follows: E. Reserved. Section 23. Section 20-67-4 of the Otsego Zoning Ordinance (R-6 District Accessory Uses) shall be amended to include the following provision: K. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 24. Section 20-68-2.13 of the Otsego Zoning Ordinance (R-7 District Permitted Uses) shall be amended to read as follows: B. Reserved. 5 Section 25. Section 20-68-2.G of the Otsego Zoning Ordinance (R-7 District Permitted Uses) shall be amended to read as follows: G. Residential care facilities serving seven (7) to sixteen (16) persons in a multiple family structure. Section 26. Section 20-68-4 of the Otsego Zoning Ordinance (R-7 District Accessory Uses) shall be amended to include the following provisions: K. In home day care serving fourteen (14) or fewer persons in a single family detached dwelling. Section 27. Section 20-75-6 of the Otsego Zoning Ordinance (B-1 District Conditional Uses) shall be amended to include the following provision: C. Day care facilities as regulated by Section 30 of this Chapter. Section 28. Section 20-76-6 of the Otsego Zoning Ordinance (B-2 District Conditional Uses) shall be amended to include the following provision: Day care facilities as regulated by Section 30 of this Chapter. Section 29. Section 20-77-6 of the Otsego Zoning Ordinance (B-3 District Conditional Uses) shall be amended to include the following provision: H. Day care facilities as regulated by Section 30 of this Chapter. Section 30. Section 20-78-6.13 of the Otsego Zoning Ordinance (B -W District Conditional Uses)shall be amended to read as follows: B. Day care facilities as regulated by Section 30 of this Chapter. Section 31. Section 20-79-6 of the Otsego Zoning Ordinance (B-5 District Conditional Uses) shall be amended to include the following provision: E. Day care facilities as regulated by Section 30 of this Chapter. Section 32. Section 20-90-6 of the Otsego Zoning Ordinance (INS District Conditional Uses) shall be amended to read as follows: 0 M. Daycare nursery facilities as regulated by Section 30 of this Chapter. Section 33. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM Mark Thorsted SECOND BY: CM Jessica Stockamp ALL IN FAVOR: Mayor FournieY; CM Heidner, CM Stockamp, CM Thorsted and CM Darkenwald THOSE OPPOSED: NONE ADOPTED this 9th day of June 2008 by the City Council of the City of Otsego. lt-C&OIX011 Attes. Judy H so , Ci y lerk/Zoning Administrator 7 OAF SUMMARY OF ORDINANCE NO. 2008 —14 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE DEFINITIONS SECTION, DAY CARE NURSERY FACILITIES SECTION AND RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICT SECTIONS OF THE OTSEGO ZONING ORDINANCE RELATING TO STATE LICENSED DAY CARE AND RESIDENTIAL CARE FACILITIES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. The following provisions of Section 20-2-2 of the Otsego Zoning Ordinance shall be amended to include the following definitions: Residential Care Facility. Day Care Facility. Section 2. Section 20-2-2 of the Zoning Ordinance is hereby amended to delete the following definition: Group Day Care Center: Section 3. Section 20-30-5 of the Otsego Zoning Ordinance shall be amended regarding passenger loading for day care facilities. Section 4. Section 20-51-2.F of the Otsego Zoning Ordinance (A-1 District Permitted Uses) shall be reserved. Section 5. Section 20-51-4.D of the Otsego Zoning Ordinance (A-1 District Accessory Uses) shall be amended to allow in-home daycare. Section 6. Section 20-52-2.F of the Otsego Zoning Ordinance (A-2 District Permitted Uses) shall be reserved. Section 7. Section 20-52-4.D of the Otsego Zoning Ordinance (A-2 District Accessory Uses) shall be amended to allow in-home daycare. Section 8. Section 20-60-2.E of the Otsego Zoning Ordinance (R -C District Permitted Uses) shall be reserved. Section 9. Section 20-60-4 of the Otsego Zoning Ordinance (R -C District Accessory Uses) shall be amended to allow in-home day care. Section 10. Section 20-61-2.D of the Otsego Zoning Ordinance (R-1 District Permitted Uses) shall be reserved. Section 11. Section 20-61-4 of the Otsego Zoning Ordinance (R-1 District Accessory Uses) shall be amended to include allow in-home day care. Section 12. Section 20-62-2.0 of the Otsego Zoning Ordinance (R-2 District Permitted Uses) shall be reserved. Section 13. Section 20-62-4 of the Otsego Zoning Ordinance (R-2 District Accessory Uses) shall be amended to allow in-home daycare. Section 14. Section 20-63-2.0 of the Otsego Zoning Ordinance (R-3 District Permitted Uses) shall be reserved. Section 15. Section 20-63-4 of the Otsego Zoning Ordinance (R-3 District Accessory Uses) shall be amended to allow in-home daycare. Section 16. Section 20-64-2.0 of the Otsego Zoning Ordinance (R -4A District Permitted Uses) shall be reserved. Section 17. Section 20-64-4 of the Otsego Zoning Ordinance (R -4A District Accessory Uses) shall be amended to allow in-home daycare. Section 18. Section 20-65-2.0 of the Otsego Zoning Ordinance (R-4 District Permitted Uses) shall be reserved. Section 19. Section 20-65-4 of the Otsego Zoning Ordinance (R-4 District Accessory Uses) shall be amended to allow in-home daycare. Section 20. Section 20-66-2.0 of the Otsego Zoning Ordinance (R-5 District Permitted Uses) shall be reserved. Section 21. Section 20-66-4 of the Otsego Zoning Ordinance (R-5 Accessory Uses) shall be amended to allow in-home daycare. Section 22. Section 20-67-2.E of the Otsego Zoning Ordinance (R-6 District Permitted Uses) shall be reserved. K Section 23. Section 20-67-4 of the Otsego Zoning Ordinance (R-6 District Accessory Uses) shall be amended to allow in-home daycare. Section 24. Section 20-68-2.13 of the Otsego Zoning Ordinance (R-7 District Permitted Uses) shall be reserved. Section 25. Section 20-68-2.G of the Otsego Zoning Ordinance (R-7 District Permitted Uses) shall be amended to allow residential care facilities. Section 26. Section 20-68-4 of the Otsego Zoning Ordinance (R-7 District Accessory Uses) shall be amended to allow in-home daycare. Section 27. Section 20-75-6 of the Otsego Zoning Ordinance (13-1 District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 28. Section 20-76-6 of the Otsego Zoning Ordinance (B-2 District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 29. Section 20-77-6 of the Otsego Zoning Ordinance (B-3 District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 30. Section 20-78-6.13 of the Otsego Zoning Ordinance (B -W District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 31. Section 20-79-6 of the Otsego Zoning Ordinance (B-5 District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 32. Section 20-90-6 of the Otsego Zoning Ordinance (INS District Conditional Uses) shall be amended to allow day care facilities as regulated by Section 30 of the Zoning Ordinance. Section 33. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM Mark Thorsted SECOND BY: CM Jessica Stockamp ALL IN FAVOR: Mayor Fournier; CM Heidner, CM Stockamp, CM Thorsted and CM Darkenwald 3 THOSE OPPOSED: ADOPTED this 23 d day of June 2008 by the City Council of the City of Otsego. CITY OF OTSEGO WrM- - Attesod-ka �11d= Judy Hu T, Ci n lerk/Zoning Administrator Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. Published: Star News 07-t&-08 4