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Minnetonka, MN Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Permitted day care size
12 or fewer persons (licensed day care facility)
Group family day care
14 or fewer children, licensed under Minnesota Rules
Outside employees
Not more than one in any such facility
Conditional use permit tier
Licensed day care serving 13 through 16 persons
R-3 accessory tier
Five or fewer persons, reviewed as a home occupation
Enforcing office
City planner; zoning violations are misdemeanors

Summary

In the City of Minnetonka, Hennepin County, Minnesota, a licensed day care serving 12 or fewer persons and a licensed group family day care serving 14 or fewer children are permitted uses in the R-1 district under Minnetonka City Code § 300.10. The accessory-use list caps outside employees at one. Facilities serving 13 through 16 persons need a conditional use permit.

d) licensed residential care facilities or community based residential care facilities serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children, except a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses ... k) licensed day care facilities serving 12 or fewer persons, and licensed group family day care facilities serving 14 or fewer children, provided that there is not more than one outside employee in any such facility; ... e) licensed day care facilities serving 13 through 16 persons, provided they are located within suitably designed structures which are not also used for residential purposes or are not within religious or educational buildings;

Full Breakdown

The Minnetonka City Council wrote the R-1 Low Density Residential District rules into § 300.10 of the zoning chapter. Subdivision 2(d) lists a licensed day care facility serving 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children as permitted uses, next to licensed residential care facilities serving six or fewer persons. A residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses is carved out of that permission. Subdivision 3(k) repeats the same two size limits in the accessory use list and adds a staffing cap: there must not be more than one outside employee in any such facility.

Larger programs take a different path. Subdivision 4(e) requires a conditional use permit for licensed day care facilities serving 13 through 16 persons, and those facilities must be located within suitably designed structures that are not also used for residential purposes, or must not be within religious or educational buildings. Conditional use permits are decided under the standards in § 300.16, where the City Council must find that the use has no undue adverse impact on public health, safety or welfare.

The R-3 district works differently. Section 300.12, subdivision 3(i) lists licensed day care facilities for five or fewer persons as an accessory use subject to review as a home occupation, while subdivision 2(d) of the same section repeats the 12 and 14 person limits as permitted uses. The city code points to licensure under Minnesota Rules but sets the zoning limits itself.

Violations & Fines

A person who violates chapter 3 of the Minnetonka City Code, or assists, directs or permits a violation, is guilty of a misdemeanor under § 300.03, subd. 2(a), and each day a violation continues is a separate offense. The city planner administers and enforces the zoning chapter and can start any lawful action in the city's name to restrain or abate a violation. A violator also pays a fee twice the one set in section 710 for any application filed because of the violation.

Frequently Asked Questions

How many children can a home day care serve in Minnetonka's R-1 district?
Subdivision 2(d) of § 300.10 permits a licensed day care facility serving 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children. A program for 13 through 16 persons leaves the permitted list and goes through conditional use review under subdivision 4(e).
Can a Minnetonka home day care hire staff who live elsewhere?
Subdivision 3(k) allows licensed day care facilities serving 12 or fewer persons and licensed group family day care facilities serving 14 or fewer children, provided that there is not more than one outside employee in any such facility. A second outside employee goes past the cap the City Council wrote into the code.
What is required to run a day care for 13 through 16 people in Minnetonka?
Subdivision 4(e) of § 300.10 requires a conditional use permit. The facility must be in a suitably designed structure not also used for residential purposes, or not within a religious or educational building. Section 300.16 then requires the City Council to find no undue adverse impact on governmental facilities, utilities, services, or public health, safety and welfare.
What day care rule applies in Minnetonka's R-3 district?
Section 300.12, subdivision 3(i) lists licensed day care facilities for five or fewer persons as an accessory use subject to review as a home occupation. Subdivision 2(d) of the same section also lists the 12 person and 14 child facilities as permitted uses, using the same wording as the R-1 district.

Sources & Official References

Other rules in Minnetonka

All Minnetonka rules

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Home Daycare in Nearby Cities

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Minneapolis, MN
Light Restrictions