§ 154.089  DAY CARE FACILITIES.
   (A)   Intent. It is the intent of this section to establish standards for day care facilities, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
   (B)   Application of regulations.
      (1)   A state licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts.
      (2)   The Planning Commission may, by issuance of a special use permit, authorize the establishment of group day care homes and day care centers as specified in district regulations and subject to the standards herein.
   (C)   Standards for group day care homes. Group day care homes shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following additional standards:
      (1)   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located and shall be connected to public sewer and water, where available;
      (2)   The property is maintained in a manner that is consistent with the character of the neighborhood;
      (3)   An outdoor play area of at least 500 square feet shall be provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the Planning Commission if a public play area is within 500 feet of the subject parcel;
      (4)   All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet;
      (5)   The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents;
      (6)   One off-street parking space per employee not a member of the group day care home family shall be provided; and
      (7)   Appropriate licenses with the state shall be maintained.
   (D)   Standards for day care centers. Day care centers shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following standards:
      (1)   The day care center shall be served by public sewer and water, where available;
      (2)   A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway;
      (3)   Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility;
      (4)   A fenced outdoor play area of at least 1,000 square feet shall be provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the Planning Commission if public play area is available 500 feet from the subject parcel; and
      (5)   Appropriate licenses with the state shall be maintained.
(Ord. 285, passed 12-8-2003)  Penalty, see § 154.999