Notwithstanding sections 10-3-401 and 10-3-402 of this chapter, a large family daycare home may be permitted in an R-1 zone pursuant to a use permit issued under the authority of this section.
   A.   Standards: The director of planning and community development shall issue a use permit to a large family daycare home if the daycare home meets the following standards and requirements as prescribed by state law:
      1.   There shall be a minimum distance of three hundred feet (300') between the site area on which the large family daycare home is located and the nearest site area containing a licensed childcare facility. However, notwithstanding this distance requirement, if the large family daycare home fronts on a different street than the licensed childcare facility, then the minimum distance between the two (2) site areas shall be reduced to one hundred fifty feet (150'). The foregoing minimum distance requirements shall not apply to small family daycare homes.
      2.   In order to reduce noise impacts from the operation of the large family daycare home, all open space areas located behind the residence and all other open space areas used for childcare purposes shall be enclosed with a solid masonry wall along that portion of the side and rear lot lines not located within a front yard. The wall shall be seven feet (7') in height along the side lot lines and eight feet (8') in height along the rear lot line. The wall along the rear lot line shall contain a rear exit gate. In addition, the operation of the large family daycare home shall comply with all applicable noise regulations of this code, including those contained in title 5 of this code.
      3.   In addition to the parking otherwise required for a single- family home, one paved parking space shall be provided for each nonresident employee, nonresident aide and any other nonresident person engaged in the operation of the daycare home. Unless such spaces are located in an existing driveway, such spaces shall be located on the premises outside of the front yard and shall conform to the requirements of section 10-3-2733 of this chapter.
      4.   The director of planning and community development determines that loading and unloading of children may be accomplished without significantly restricting traffic flow.
   B.   Procedure: An application for a permit to operate a large family daycare home shall be filed with the director of planning and community development in a form provided by the director. Such application shall be processed pursuant to the following procedures as required by state law.
      1.   Notice: Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
      2.   Hearing: No public hearing on the application shall be held unless a hearing is requested in writing by the applicant or by an interested party. The hearing, if requested, shall be conducted by the director.
      3.   Appeal: The applicant or any interested party may appeal the decision of the director to the planning commission pursuant to the procedures for an appeal to the city council set forth in title 1, chapter 4 of this code.
No provision of this section shall alter the parking requirements for a single-family residential property set forth in sections 10-3-2419, 10-3-2515 and 10-3-2615 of this chapter. (Ord. 91-O-2133, eff. 12-5-1991; amd. Ord. 96-O-2260, eff. 6-14-1996; Ord. 97-O-2287, eff. 12-19-1997; Ord. 14-O-2661, eff. 6-20-2014)