(A) Definitions.
In addition to the definitions which follow, words not defined herein shall have the meanings stated in the latest edition of the South Carolina Department of Social Services Regulations for Family Day Care Homes:
CAREGIVER means any person whose duties include direct care, supervision, and guidance of children in a family day care home.
CHILDCARE OPERATOR means the person ultimately responsible for the overall operation of the family day care home.
FAMILY DAY CARE HOME means a state licensed or approved registered facility within a residence occupied by the operator in which childcare is provided on a regular basis for periods of less than twenty-four (24) hours per day for no more than six (6) children, unattended by a parent or legal guardian, including those children living in the home and children received for childcare who are related to the resident caregiver.
INFANT means a child age twelve (12) months or younger.
MINOR CHILD means a person who has not reached the eighteenth birthday.
REGISTRATION means the process whereby all family day care homes are licensed/approved and regulated in accordance with the provisions of the latest edition of the South Carolina Department of Social Services Regulations and South Carolina Child Care Licensing Law for Family Day Care Homes.
RELATED means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin of the first degree.
REGULARLY, OR ON A REGULAR BASIS: these terms refer to the frequency with which childcare services are available and provided at a family day care home in any one (1) week; these terms mean the availability and provision of periods of daycare less than twenty-four (24) hours per day in such week, in a place other than the child's or the children's own home or homes.
(B) Application Procedure.
Applications for family day care homes within a (R-7) Residential District shall be submitted for approval to the Zoning Board of Appeals and shall include the following information and any reasonable additional information requested:
(1) Childcare operator must own the property of the proposed day care location or provide a letter of approval from the property owner giving approval and authorization to the childcare operator to operate a family day care home at that location.
(2) The family day care home hours of operation must be reviewed and approved by the Board. No after dark operating hours are permitted.
(3) A clearly identified children's drop-off and pick-up zone must be identified.
(4) Off-street parking for employees and two (2) visitor slots are required.
(5) A Recreation Plan must be submitted to the Board. The Board will review the plan for location, visibility, congestion, safety and other factors. No outdoor recreation activities shall be permitted before 9:00 a.m.
(6) An exterior lighting plan must be submitted to, and approved by the Board.
(7) No activities associated with family day care homes, except drop-off and pick-up of children, may take place in the front yard of the day care location.
(8) Family day care home recreation activities must be located within the rear of the yard and enclosed by a brick, masonry, chain linked or other similar fence which cannot be buckled or moved by a seventy-five (75)-pound child running into the fence. Such fence must be constructed in such a way that will prevent a child from easily climbing over or going under the fence. The recreation area must be a minimum of four hundred fifty (450) square feet for one (1) to six (6) children.
(9) No external sign shall exceed one (1) square foot. Signs must be non-illuminated, non-animated and shall be attached to the house.
(10) The front of the family day care home must be landscaped to appear as a residence.
(11) The family day care home and grounds must be kept painted, moved and clean at all times.
(12) The color of the family day care home must be homogeneous with the neighborhood.
(C) Business License Required.
A business license is required prior to engaging in business as a family day care home. No business license shall be issued to a childcare operator of a proposed family day care home until the location has been approved by the Board of Zoning Appeals and a registered and/or licensed approval has been obtained from the South Carolina Department of Social Services for compliance with the regulations for family day care homes.
(D) Conflict with other Laws, Ordinances, Regulations and Restrictive Covenants.
Whenever the requirements made under authority of these regulations impose higher standards than are required in any statute or local ordinance or regulation or restrictive covenants, provisions of the regulations shall govern. Whenever the provisions of any other statute or local ordinance or regulation or restrictive covenants impose higher standards than are required by these regulations, the provisions of such statute or local ordinance or regulation or restrictive covenant shall apply.
(Ord. 09-10, passed 6-8-2009)