A. Definitions.
1. “Administrator” means the person responsible for the daily operation of a center, Type-A home, or Type-B home. The administrator and the owner may be the same person.
2. “Child care” means administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child's own home.
3. “Child day-care center” and “center” mean any place in which child care or publicly funded child care is provided for thirteen (13) or more children at one (1) time or any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven (7) to twelve (12) children at one (1) time. In counting children for the purposes of this division, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted.
4. “Type-A family day care home” and “Type-A home” mean a permanent residence of the administrator in which child care or publicly funded child care is provided for seven (7) to twelve (12) children at one (1) time or a permanent residence of the administrator in which child care is provided for four (4) to twelve (12) children at one (1) time if four (4) or more children at one (1) time are under two (2) years of age. In counting children for the purposes of this division, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type-A home shall be counted.
5. “Type-B family day care home” and “Type-B home” mean a permanent residence of the provider in which child care is provided for one (1) to six (6) children at one (1) time and in which no more than three (3) children are under two (2) years of age at one (1) time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the Type-B home shall be counted. Any Type B family day care home, whether licensed or not licensed by the Director of Jobs and Family Services, shall be considered to be a residential use of property and shall be a permitted use in all zoning districts in which residential uses are permitted. No conditional use permit or any other special exception certification for any such Type B family day care home, including a conditional permit as a home occupation under Section 1298.22, shall be required.
6. “Licensed child care program” means a Type-A family day-care home or Type-B family day-care home licensed by the Department of Job and Family Services pursuant to Ohio R.C. Chapter 5104.
B. Prohibitions.
No person, firm or organization, institution or agency shall operate, establish, manage, conduct or maintain any day care home or day care center in violation of any of the provisions of Ohio R.C. Chapter 5104 and any and all related laws established in the City of Maple Heights.
C. Income taxes.
All persons who receive payment for the services that they provide for in home child day care shall be required to file income taxes and pay any amounts due to the City of Maple Heights.
D. Type-B home daycare - requirements.
Effective January l, 2014, every person who operates or desires to establish a Type-B day care home shall comply with Ohio R.C. Chapter 5104 and the Maple Heights Codified Ordinances. Type-B home day cares are required to be licensed by the State of Ohio and shall post a current license in a conspicuous place at the subject premises.
E. Type-A home daycare- requirements.
Every person who operates or desires to establish a Type-A home day care shall comply with Ohio R.C. Chapter 5104 and the Maple Heights Codified Ordinances. Type-A home day cares are required to be licensed by the State of Ohio and shall post a current license in a conspicuous place at the subject premises.
F. Additional regulations - Type-A home day cares.
In addition to the regulations of Ohio R.C. Chapter 5104, all home day cares located in residential districts in the City of Maple Heights must also comply with Section 1298.22 regarding home occupations, and the following regulations:
1. The administrator of a Type-A home day care who desires to operate in a residential district must apply for a three (3) year conditional use permit in the Building Department to operate in a residential district as a home occupation business, and shall be required to also comply with Section 1298.22. A public hearing and review by the Planning and Zoning Commission shall be required.
3. If the applicant is renting the home to operate a Type-A day care, the administrator of the day care must provide written notice with the application that the owner of the property agrees to the operation of the day care and that the owner will comply with Chapters 1486 and 1487 of the Code regarding rental properties and correct any violations to the property.
4. The administrator of the day care must provide written notice with the application to all neighbors abutting the property that he or she desires to operate a Type-A home day care at that address.
5. The administrator must comply with all requests from the Building, Fire, and Engineering Departments.
6. Conditional use permits for the operation of a Type-A day care in a residential district are only valid for three (3) years and must be renewed in the Building Department before expiration.
G. Additional regulations - all day cares.
1. Play areas on properties.
a. Outdoor play areas for children shall be permitted in the side and rear yards only.
b. Any child day care facility or home with an outdoor play area shall enclose said area with a fence or wall a minimum of five (5) feet in height. Fence or wall requirements shall also be subject to Section 1298.19, Fences.
c. The use of outdoor play equipment and areas shall be limited to between the hours of 8:00 AM and 8:00 PM.
d. When located in a residential district the exterior of the front of the home or facility shall not differ in appearance to the character of the surrounding neighborhood in which it exists. No signs shall be utilized other than an unlit nameplate not more than two (2) square feet in area on a residential in-home day care.
2. Pick up and drop off of children.
a. Unloading and loading of children from vehicles shall only be permitted in the driveway or approved parking area of the home or facility. An on-site drop off area sufficient to accommodate at least two (2) vehicles shall be required to operate a day care.
b. The administrator shall ensure that the neighbors are not disturbed during drop-off or pick-up times.
3. Hours of operation.
Hours of operation for a Type-A child home daycare shall be limited to the hours between 6:00 AM and 10:00 PM, Mondays through Saturdays.
(Ord. 2000-128. Passed 12-6-00; Ord. 2006-001. Passed 1-18-06; Ord. 2013-67. Passed 10-16-13; Ord. 2021-48. Passed 6-2-21.)