Sec. 9-3-90   Day care centers and small day care homes.
   1.   Child day care center.
   a.   A center must meet a permitted building and lot type for the district in which it is to be located.
   b.   Play space must be provided in accordance with the regulations of North Carolina Department of Human Resources.
   c.   Outdoor play space must be enclosed on all sides by building, and/or permitted types of walls or fences; it may not include driveways, parking areas, or land otherwise unsuited for children’s play space; play space may not be in the established front yard.
   2.   Adult day care center.
   a.   A center must meet a permitted building and lot type for the district in which it is to be located.
   b.   There is no limit on the hours of operation of an adult day care center, but it shall not serve any client on more than a continuous twelve (12) hour basis.
   3.   Child day care home, small.
   a.   The day care operation must be located within the residential dwelling unit occupied by the operator of the service. Preschool instruction and daytime care is limited to six (6) children not related to the operator.
   b.   A child day care home shall meet the following standards:
   (1)   Play space must be provided in accordance with the regulations of the North Carolina Department of Human Resources.
   (2)   Outdoor play space must be fenced or otherwise enclosed on all sides and may not include driveways, parking areas, or land otherwise unsuited for children’s play space; it is prohibited in any established building setback from a street.
   (3)   Chain link and similar fencing materials shall be planted on exterior side with evergreen shrubs minimum three (3) feet in height and six (6) feet on center at installation, or be obscured by a comparable screening treatment.
   (4)   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.
   (5)   There are no specific limitations on the hours of operation of a day care home, but no outdoor play shall be permitted after sundown.
   4.   Adult day care home, small.
   a.   An adult day care home must be located within the residential dwelling unit occupied by the operator of the service. Care is limited to no more than six (6) adults who do not reside in the dwelling.
   b.   An adult day care home shall meet the following standards:
   (1)   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.
   (2)   There is no limit on the hours of operation of an adult day care center, but it shall not serve any client on a continuous twenty-four (24) hour basis. (Ord. of 12-7-04, No. 37-02)