Sec. 59-G-2.13.1. Child day care facility.

   (a)   The Hearing Examiner may approve a child day care facility for a maximum of 30 children if:

      (1)   a plan is submitted showing the location of all buildings and structures, parking spaces, driveways, loading and unloading areas, play areas and other uses on the site;

      (2)   parking is provided in accordance with the Parking Regulations of Article 59-E.

      The number of parking spaces may be reduced by the Hearing Examiner if the applicant demonstrates that the full number of spaces required in Section 59-E-3.7 is not necessary because:

         (A)   existing parking spaces are available on adjacent property or on the street abutting the site that will satisfy the number of spaces required; or

         (B)   a reduced number of spaces would be sufficient to accommodate the proposed use without adversely affecting the surrounding area or creating safety problems;

      (3)   an adequate area for the discharge and pick up of children is provided;

      (4)   the petitioner submits an affidavit that the petitioner will:

         (A)   comply with all applicable State and County requirements;

         (B)   correct any deficiencies found in any government inspection; and

         (C)   be bound by the affidavit as a condition of approval for this special exception; and

      (5)   the use is compatible with surrounding uses and will not result in a nuisance because of traffic, parking, noise or type of physical activity. The hearing examiner may require landscaping and screening and the submission of a plan showing the location, height, caliper, species, and other characteristics, in order to provide a physical and aesthetic barrier to protect surrounding properties from any adverse impacts resulting from the use.

   (b)   A child day care facility for 31 or more children may be approved by the Board of Appeals subject to the regulations in subsection (a), and the following additional requirements:

      (1)   a landscaping plan must be submitted showing the location, height or caliper, and species of all plant materials; and

      (2)   in the one-family residential zones, facilities providing care for more than 30 children must be located on a lot containing at least 500 square feet per child.  The Board may reduce the area requirement to less than 500 square feet, but not less than 250 square feet, per child if it finds that:

         (A)   the facility will predominantly serve children of an age range that require limited outdoor activity space;

         (B)   the additional density will not adversely affect adjacent properties;

         (C)   additional traffic generated by the additional density will not adversely affect the surrounding streets; and

         (D)   adequate provisions for drop-off and pick-up of students will be provided.

      The Board may limit the number of students outside at any one time.

   (c)   The requirements of Section 59-G-2.13.1 do not apply to a child day care facility operated by a nonprofit organization and located in:

      (1)   a structure owned or leased by a religious organization and used for worship;

      (2)   a structure located on premises owned or leased by a religious organization that is adjacent to premises regularly used as a place of worship;

      (3)   a structure used for private parochial educational purposes which is exempted from the special exception standards under Section 59-G-2.19(c); or

      (4)   a publicly owned building.

(Legislative History: Ord. No. 11-41, § 14; Ord. No. 11-83, § 1; Ord. No. 13-21, § 12; Ord. No. 14-47, § 1.)