1. General Statement of Intent. The City Council finds that, there is a need for affordable, good-quality and licensed child day care within the City of Hiawatha which cannot be entirely fulfilled by commercial day care centers. Furthermore, the City Council recognizes that this type of care is critical to the well-being of parents and children in the community. Therefore, it is the purpose of this chapter to provide for the needed smaller residential care facilities while at the same time imposing standards to preserve the residential character of neighborhoods. The chapter will provide a means to establish and operate State registered child day care facilities in residential neighborhoods through a simplified review and approval process. This proposed review process does provide for public notice and discussion before the Board of Adjustment for residential facilities with over six children in Section 165.85. Standards are also provided in order to preserve the residential character of the neighborhoods and provide protection to adjacent residences from noise or other intrusion.
2. Group Child Day Care Home. A group child day care home (no more than 16 children), may be allowed in all districts permitting a residential use or any district where a residential use is legally established, if a special permit is approved by the Board of Adjustment. Criteria which must be met to obtain a special use permit are as follows:
A. State registration requirements shall have been met and the applicant agrees to meet any requirements of the Building Code, fire safety regulations, health codes and any other applicable local codes and ordinances.
B. No structural or decorative alteration that will alter the residential character of an existing structure or be otherwise incompatible with surrounding residences shall be permitted.
C. The resident occupant shall be the principal care provider and, shall be registered by the State.
D. Any required outside play area shall be effectively screened from adjacent residential uses.
E. If located on a major street, as herein, an off-street drop-off/pickup area must be provided.
F. One off-street parking space must be provided for a non-resident/non-family member employee when located in a single family residence district. A residential driveway is acceptable for this purpose.
G. One unlighted sign, under two square feet in area, and stating only the resident-occupants name and the wording “Group Day Care Home” shall be allowed.
H. Any child group day care home which has been established and has obtained a State of Iowa Certificate of Registration prior to the effective date of this chapter and in addition, meets all of the foregoing criteria, shall be considered as being a lawful use under the terms of these regulations and may so continue without approval of the Board of Adjustment.
(Section 165.25 – Ord. 998 – Jan. 24 Supp.)