1. Purpose. To allow group child day care homes within all districts permitting residential use or in any district where a residential use is legally established, subject to Section 165.25(1), Residential Child Day Care Facilities, Statement of Intent.
2. Eligible Applicant. A residential property owner, or the occupant, with permission of the owner (title holder), may file an application to use their residence as a group child day care home, as provided for in this Code, in the zoning district within which the residential property is located.
3. Application. An application shall be filed with the Zoning Administrator which shall be on a form and be in the number of copies, and shall contain such information and documentation as the Board, by resolution, may require.
4. Notification Signs. The Zoning Administrator shall provide such applicant with at least two notification signs which shall be clearly posted by the applicant on the subject property. At least one sign shall be placed so that it is clearly visible from an abutting street and if the subject property has frontage on more than one street a sign shall be posted on each such frontage. When a property has little or no direct street frontage, additional signs may be required to be posted adjacent to, and facing the surrounding properties. For each sign provided, the applicant shall pay a fee in an amount as established from time to time by resolution of the City Council.
A. Sign Content. The sign shall indicate that this is a request for a special use permit for a Group Child Day Care Home and specify the date, time, and place of the Board of Adjustment Public Hearing. The sign shall also contain any additional information as the Board shall, by rule, require.
B. Time of Sign Posting. The notification signs shall be posted at least seven (7) days prior to the meeting of the Board of Adjustment and shall be maintained continuously on the property until after the public hearing of the Board.
C. Failure to Post Signs. Failure to post and maintain such notices as prescribed above may be considered by the Board as sufficient cause to defer the hearing on the application.
D. Sign Removal. Such signs shall be removed by the applicant within five (5) days after the public hearing. No person other than the applicant or his agent shall erect, remove or alter such signs. No one shall deface nor in any way affect the visibility or otherwise interfere with such signs.
5. Special Use Permit Review Procedures. The Zoning Administrator shall forward copies of the special use permit application to the Board of Adjustment, who shall take the following actions:
A. Public Hearing Notice. The Board shall set a public hearing for the application and shall publish notice of the date, time, and place of the hearing in a publication of general circulation within the City of Hiawatha not less than four (4) days nor more than 20 days before the date of such hearing.
B. Action by the Board. The Board shall, after conducting the public hearing on the application, reach its decision within forty-five (45) days of the date of the public hearing, unless such time is extended by mutual consent of the applicant and the Board. The Board shall either grant the application for a special use permit, grant it subject to conditions, or deny the application.
C. Conditions. The Board may impose such conditions, including restrictions and safeguards, upon the property benefited by the special use permit as considered necessary to prevent or minimize adverse effects upon other property in the vicinity or upon public facilities and services. Such conditions shall be expressly set forth in the approval of the special use permit. Violations of such conditions shall be a violation of this Code.
6. Standards for a Special Use Permit. Authorization for a special use permit request shall be based on how the request satisfies the following standards:
A. The site is suitable for the proposed use.
B. The use will be generally compatible with the development on adjacent properties and the character of the general area.
C. The petitioner can meet the criteria set forth under Section 165.25(2).