Daycare facilities shall meet the following requirements as applicable.
(A) Lot requirements and setbacks. The proposed site for a daycare facility shall have a minimum lot area as determined by the State Department of Human Services and the base zoning district in which it is located. The daycare facility must meet the minimum setback requirements of the respective zoning districts.
(B) Sewer and water. All daycare facilities shall have access to municipal sewer and water to protect the health and safety of all persons who occupy the facility.
(C) Screening. Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in §§ 152.276 and 152.279 of this chapter.
(D) Parking.
(2) There shall be adequate short-term parking or drop off area provided within close proximity to the main entrance. Short-term or drop off parking shall accommodate three car spaces and shall be designated as temporary in nature. The short-term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement. The short-term parking or drop off area is in addition to off-street parking and loading spaces required by §§ 152.255 through 152.264 of this chapter.
(3) Except as may be approved as part of a joint parking arrangement, as regulated by § 152.261, when a daycare facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.
(F) Daycare facility. The building plans for the construction or alteration of a structure that is to be used as a daycare facility shall be submitted to the city for review by the City Building Official to ensure that the structure is in compliance with the State Building Code. The facility shall meet the following conditions.
(1) Architectural appearance. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause incompatibility with neighboring properties or constitute a blighting influence within a reasonable distance of the lot.
(2) Land use compatibility. Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the daycare facility.
(3) Play space. Play space shall be adequately enclosed where necessary to prevent children from leaving the premises unattended.
(4) Outdoor areas. Outdoor play areas shall not be provided within the required front yard setbacks.
(G) Declaration of conditions. The Planning Commission and City Council may impose conditions on the granting of a daycare facility conditional use permit as may be necessary to carry out the purpose and provisions of this subchapter.
(H) State licenses. Proof of approved applicable state licenses shall be provided to the Zoning Administrator prior to the Building Official granting a certificate of occupancy.
(I) Nonconforming use. Existing daycare facilities lawfully existing on the effective date of this subchapter may continue as nonconforming uses. They shall, however, be required to obtain applicable state and city permits for their continued operation. Any existing daycare facility that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this section.
(J) Inspection. The city hereby reserves the right upon issuing any daycare facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this subchapter or any conditions additionally imposed.
(Prior Code, § 11-25-3) (Ord. 258, passed 5-4-2006)