1155.02 CHILD DAY CARE CENTERS.
(a) Permitted Uses; Compliance with Code and Building Code. A child day care center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code.
(b) Definitions. The definitions provided in Ohio R.C. 5104.01, as now adopted or as amended, are incorporated by reference herein.
(c) Submission of Applications; Transfer of Ownership.
(1) Application for approval to locate a child day care center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent. This application may request preliminary approval subject to approval of the location by a State agency within one year. If preliminary approval is granted, an application for final approval will be considered after the final approval by a State agency.
(2) Approval, when granted, is not transferable to another entity without approval from the City.
(3) If a child day care center is sold or transferred, the new owner must apply for new approval. The new owner may operate the child day care center for up to ninety days while the new permit application is pending. A new owner shall be approved if such person meets all requirements of this Code and these Codified Ordinances.
(d) State Approval and Licensing.
(1) The child day care center shall have and continue to have a valid license from an agency of the State of Ohio to operate at such location, and it shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any regulatory agencies of both the State and Federal Governments.
(2) The owner shall file with the Commission copies of documents showing State approval and licensing, and any notice of inspection, findings of violations and plans for correction sent by the State agency and responded to by the child day care center shall be made available to any City inspector upon request.
(e) Building Requirements.
(1) The use shall be located only in a one story building with at least two exits from the child day care center directly to the outside of such building.
(2) The building must contain a sprinkler system approved by the Fire and Rescue Department.
(3) Male and female rest rooms shall be provided within and for the exclusive use of the child day care center, with sufficient facilities as determined by the Commission.
(f) Site Development Plans. The Site Development Plan shall show:
(1) Any outdoor playground, with fences, curbs and locations for child playground equipment.
(2) Drop-off and pick-up areas for the children, with room provided for standing, loading and unloading automobiles.
(3) Off-street parking, which shall be one (1) space per required staff employee, plus one space for every twenty (20) children, measured at maximum occupancy under State law.
(g) Prohibited Employees. No person shall be employed in a child day care center who is prohibited from employment in a day care center or home as provided for in Ohio R.C. 5104.09.
(h) Operation.
(1) A child day care center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the children.
(2) The outdoor area must be protected from vehicles, noise, smoke, vibration, odor, toxic or noxious fumes, or other hazards which threaten the health, safety and general welfare of the children. The Commission may request assistance in this regard from the City doctor or others.
(3) Any incident or circumstance which threatens the health, safety and general welfare of the children shall be immediately reported to the City Building Department.
(4) No child day care center shall permit any person to smoke in any indoor or outdoor space that is part of the center. This prohibition shall be posted in a conspicuous place at the main entrance of the center.
(Ord. 2018-94. Passed 10-21-19.)