§ 155.081 HOME BASED CHILD CARE USE RESTRICTIONS.
   (A)   Home based child care facilities may be located in any residential area subject to the following:
      (1)   Maximum number of children in care in addition to the children residing at that address may not exceed:
 
Type of Business
Number of Children
Single family structure (includes Garden, Modular and Manufactured Homes)
6
Duplex (includes 2-unit Townhouse)
3
      (2)   In no event shall the number of children in care exceed the state published staff-child ratio standards.
      (3)   A Certificate of Occupancy for the operation of a home based child care facility may not be issued to an applicant with an address on a lot or parcel within or less than a 200 foot radius from a property line of a lot on which an existing home based child care facility is located.
   (B)   Home based child care facilities shall comply with the following conditions:
      (1)   Hours of operation shall be not more than 20 consecutive hours in a 24-hour period. However, under extenuating circumstances (such as military orders or family medical emergency), a child(ren) may be retained in care for longer than the 20-hour period.
      (2)   A fence, not less than four feet in height, shall be placed around any outdoor play area. Outdoor play equipment shall not be placed in the front yard.
      (3)   A parking area shall be provided for off street loading and unloading of children on a concrete or paved surface. No loading or unloading of children on the street shall be allowed. The front yard shall not be utilized or converted into a paved parking lot.
      (4)   Staffing.
         (a)   No persons other than occupants of the premises shall be engaged in the operation of the home based child care facility.
         (b)   The preceding subsection (4)(a) does not preclude the home based child care provider from acquiring the services of an independent contractor to function as a substitute provider to be present in the occasional absence of the home based child care provider.
      (5)   Home-based child care facilities shall not involve the use of advertising signs or window displays on the premises or any other local advertising media which call attention to the fact that the home is being used for business purposes. A telephone number may be included in a directory listing or an advertisement; however; no business address may be published or advertised.
      (6)   The outside appearance of the residential dwelling shall not be altered from its residential character in any way. The front yard shall not be converted into a paved parking lot.
      (7)   The home based child care use shall not increase the number of vehicles parked on the premises by more than two additional vehicles at a time. All customer/client parking shall be off-street and in a paved area.
      (8)   The home based child care use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
(Ord. 2001-36, passed 11-13-01)