In zoning districts RS-1 and R-2, a small child care home as defined in § 156.002 above may be authorized by the Town Council by a special use permit. Upon determination by the Zoning Administrator that a special use permit is necessary, the town shall process the application and schedule an evidentiary public hearing by the Town Council in accordance with the procedures set forth in § 156.155 as well as the procedures set forth below.
(A) The applicant shall provide documentation that all supplementary permit, registration and/or license applications have been submitted to the appropriate review agencies at the time a special use permit is scheduled for review by the Town Council. Within 90 days of the date the Town Council authorized the special use permit, the applicant shall submit copies of all supplementary permits and/or licenses. Upon receipt of all necessary supplementary permits and/or licenses, the staff shall issue the special use permit. Failure to deliver those necessary supplementary permits and/or licenses within 90 days shall render the Town Council approval null and void.
(B) The applicant shall provide affidavits attesting to the applicant’s occupancy of the proposed small child care home.
(C) The applicant shall submit a site plan depicting the proposed site and all associated improvements. The staff shall review the site plan for compliance with the regulatory guidelines of the zoning district where the small child care home is proposed.
(D) A special use permit for a small child care home shall not be authorized if another small child care home is in operation within a 500 foot radius of the applicant’s proposed location.
(E) Permit validity, expiration, renewal and discontinuance.
(1) A special use permit shall be valid for a period not to exceed 24 months from the date of authorization.
(2) Ninety days prior to the expiration of the special use permit, the applicant shall request re-authorization of the special use permit.
(3) There shall be no limit on renewal requests. Each renewal request shall be considered by the Town Council and may be authorized or rejected at the discretion of the Council.
(4) If it is not the desire of the applicant to continue to operate the small child care home, those activities authorized by the special use permit shall be discontinued immediately.
(F) Inspections, violations, revocation and reauthorization.
(1) Zoning officials shall be allowed to inspect the small child care home periodically to check for compliance with all permit conditions and applicable zoning regulations.
(2) If the zoning official finds any violations, the applicant shall be notified in writing of the violations and be granted 30 days in which to correct the violations.
(3) If after 30 days, the applicant does not correct cited violations, notice shall be affixed to the site or structure indicating the initiation of revocation procedures.
(4) Fifteen days after the revocation notice has been posted, the special use permit may be revoked.
(5) The special use permit may be reauthorized only after review and approval by the Town Council.
(Ord. 04-23, passed 10-6-2004, § 26; Am. Ord. 09-07, passed 8-5-2009; Am. Ord. 21-01, passed 6-2-2021)