Day Care Facility means an establishment where care is provided for less than 24 hours a day, for which the provider is paid, for any of the following: children under the age of 17 years; developmentally disabled persons; handicapped individual; or any elderly individual. Day Care Facility includes accessory preschool and kindergarten educational programs that are accredited by the State.
1. a structure owned or leased by a religious organization and used for worship, or a structure located on premises owned or leased by a religious organization that is adjacent to premises regularly used as a place of worship;
2. a structure used for private, parochial education purposes that is exempted from the conditional uses standards under Section 3.4.5, Educational Institution (Private); or
3. a publicly-owned building.
Defined
Family Day Care (Up to 12 Persons) means a Day Care Facility for a maximum of 12 people in a dwelling where for child day care the registrant is the provider and a resident, or the registrant is not a resident but more than half the children cared for are residents. The provider's own children under the age of 6 are counted toward the maximum number of people allowed. For care of senior adults or persons with disabilities the registrant is the provider. Family Day Care (Up to 12 Persons) does not include more than 2 non-resident staff members on-site at any time or a provider that is not a resident and does not meet the requirement for a non-resident provider (see Section 3.4.4.D., Day Care Center (13-30 Persons)).
1. The registrant must be the provider and a resident. If the provider is not a resident, the provider may file a conditional use application for a Day Care Center (13-30 Persons) (see Section 3.4.4.D).
2. No more than 3 non-resident staff members may be on-site at any time.
1. Defined
Day Care Center (13-30 Persons) means a Day Care Facility for 13 to 30 people where staffing, operations, and structures satisfy State and local regulations. A Day Care Center (13-30 Persons) includes a Family Day Care (Up to 12 Persons) where the provider is not a resident and cannot meet the non-resident provider requirement.
2. Use Standards
Where a Day Care Center (13-30 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. The facility must not be located in a townhouse or duplex building type.
b. An adequate area for the discharge and pick up of children is provided.
c. The number of parking spaces under Division 6.2 may be reduced if the applicant demonstrates that the full number of spaces is not necessary because:
i. existing parking spaces are available on abutting property or on the street abutting the site that will satisfy the number of spaces re-quired; or
ii. a reduced number of spaces would be sufficient to accommodate the proposed use without adversely affecting the surrounding area or creating safety problems.
d. For a Family Day Care where the provider is not a resident and cannot meet the non-resident provider requirement, screening under Division 6.5 is not required.
e. In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
1. Defined
Day Care Center (Over 30 Persons) means a Day Care Facility for over 30 people where staffing, operations, and structures comply with State and local regulations and is not located in a townhouse or duplex building type.
2. Use Standards
a. Where a Day Care Center (Over 30 Persons) is allowed as a limited use, and the subject lot abuts or confronts property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
b. Where a Day Care Center (Over 30 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
i. All required parking must be behind the front building line; however, required parking may be located between the structure and the street where the Hearing Examiner finds that such parking is safe, not detrimental to the neighborhood, accessible, and compatible with surrounding properties.
ii. An adequate area for the discharge and pick up of children is provided.
iii. The Hearing Examiner may limit the number of children outside at any one time.
iv. In the RE-2, RE-2C, RE-1, R-200, R-90, R-60, and R-40 zones, the Day Care Center (Over 30 Persons) must be located on a site containing a minimum of 500 square feet of land area per person. The Hearing Examiner may reduce the area requirement to less than 500 square feet, but not less than 250 square feet, per person where it finds that:
(a) the facility will predominately serve persons of an age range that requires limited outdoor activity space;
(b) the additional density will not adversely affect adjacent properties; and
(c) additional traffic generated by the additional density will not adversely affect the surrounding streets.
v. The Hearing Examiner may limit the number of people allowed for overnight care.
vi. In the AR zone, this use may be prohibited Section 3.1.5, Transferable Development Rights.
(Legislative History: Ord. No. 20-09, § 5.)