A small home daycare/preschool is exempt from the home occupation requirements under section 13.76.730 of this chapter, but must meet all of the following standards:
A. There shall be a maximum of six (6) children on premises at one time, including the caregiver's own children under the age of six (6) and not in full day school.
B. There shall be no employees that do not reside in the dwelling.
C. The small home daycare/preschool caregiver shall comply with all applicable licensing requirements under title 5 of this code.
D. The use shall comply with all applicable noise regulations.
E. The play yard shall not be located in the front yard and only shall be used between eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M.
F. The lot shall contain one available on site parking space not required for use of the dwelling. The location of the parking shall be approved by the community development director to ensure that the parking is functional and does not change the residential character of the lot.
G. No signs shall be allowed on the dwelling or lot except a nameplate sign.
H. The use shall comply with all local, state and federal laws and regulations.
I. Upon complaint that one or more of the requirements of this section or other city ordinance is being violated by a small home daycare/preschool caregiver, the city shall review the complaint and, if substantiated, may institute a license revocation proceeding under title 5 of this Code.
J. All property owners within a five hundred foot (500') radius of the caregiver's property shall be mailed notice concerning the licensing of a small home daycare/preschool, at such property.
1. Such notice shall not be a condition precedent to the legality of such license, and
2. No such license shall be deemed invalid or illegal because of a failure to mail such notice. (Ord. 2012-15, 9-20-2012)