A. Standards For Daycare Centers:
1. There shall be a minimum of thirty five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms, and kitchen.
2. On site vehicle parking and pick up and turnaround areas shall be provided to ensure safe discharge and pick up of clients.
3. The decision making body shall specify the maximum number of allowable clients as a condition of approval, based on the requirements of this title and Idaho Code.
4. The decision making body shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed daycare center with such uses. The decision making body may require additional conditions as are necessary to protect the public health, safety, and welfare of the clients.
5. No portion of the facilities used by clients may be within three hundred feet (300') of explosive or hazardous material storage including, but not limited to, the following uses: brewery or distillery, explosive manufacturing or storage, flammable substance storage, gasoline, diesel, or alternative fuel sales facility, manufacture or processing of hazardous chemicals or gases, and winery.
6. The daycare center operator shall secure and maintain a daycare center license from the state of Idaho department of health and welfare.
7. The daycare center operator shall provide a minimum outdoor play area of one hundred (100) square feet per child. The minimum play area requirement may be waived if: a) there is greater or equal area of parks that abut the facility that can be used by the children, or b) the program design is such that the number of children using the play area at any one time conforms to the one hundred (100) square foot per child criteria.
8. All outdoor play areas shall be completely enclosed by a minimum of six foot (6') barriers to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
9. Outdoor play equipment over six feet (6') high shall not be located in any required yard.
10. The proposed use shall be located and designed to protect the health, safety, and welfare of the children.
11. Minimum staff required is one per six (6) children under eighteen (18) months; one per twelve (12) children eighteen (18) months to five (5) years; and one per eighteen (18) children aged five (5) years or older.
12. A fire inspection and a health inspection are required by Idaho Code sections 39-1104, 39-1109 and 39-1110. The daycare operator shall apply to the Idaho department of health and welfare for the inspections.
13. A criminal history check is required by Idaho Code section 39-1105. The daycare operator shall apply for the criminal history check at the Idaho department of health and welfare.
14. Immunizations and staff training are required by Idaho Code sections 39-1118 and 39-1119.
15. A commercial building permit is required for the entire structure(s) used for the daycare center.
16. Hours of operation are limited to six thirty (6:30) A.M. to seven (7:00) P.M. or as specified in the conditional use permit.
B. Standards For Family Daycare Homes:
1. If any of the children cared for at the family daycare home are younger than seven (7) years of age, a criminal history check of staff shall be obtained from the Idaho department of health and welfare.
2. Hours of operation are limited to six-thirty (6:30) A.M. to seven (7:00) P.M.
3. If outdoor lighting is to be used, it shall comply with chapter 4, article H of this title as is required for a master site plan.
C. Standards For Group Daycare Facilities:
1. There shall be a minimum of thirty five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms and kitchen.
2. No overnight parking shall be allowed. On site parking for the group daycare facility shall not use the parking space(s) required for the dwelling unit or other approved uses located on the site.
3. The applicant shall provide a minimum outdoor play area of one hundred (100) square feet per child. The director may waive the minimum play area requirement if there is a park that abuts the property that can be used by the children.
4. All outdoor areas shall be completely enclosed by a minimum of six foot (6') barriers to secure against exit or entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County building code as set forth in title 7, chapter 2 of this code.
5. Outdoor play equipment over six feet (6') high shall not be located in any required yard.
6. Minimum staff required is one staff person per six (6) children younger than eighteen (18) months and one staff person per twelve (12) children eighteen (18) months old or older.
7. A fire inspection is required. The applicant shall apply to the local fire district, or, if not located within a fire district, to the Idaho fire marshal.
8. If any of the children cared for at the group daycare facility are younger than seven (7) years of age, a criminal history check of staff is required from the Idaho department of health and welfare, per Idaho Code section 39-1114.
9. Hours of operation are limited to six-thirty (6:30) A.M. to seven (7:00) P.M.
10. If outdoor lighting is to be used, it shall comply with chapter 4, article H of this title as is required for a master site plan. (Ord. 389, 6-14-2000; amd. Ord. 675, 11-14-2007; amd. Ord. 766, 12-8-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)