It is the intent of this section to provide for healthy and safe child care and foster care establishments in Montpelier; to reduce the negative effects between incompatible land uses; to provide adequate indoor place areas; and to ensure that child care and foster care establishments are properly licensed.
Regulations. Child care and adult foster care establishments shall be permitted as provided below. Day Nurseries, Nursery Schools or Preschools shall meet the same requirements and child care centers.
(a) Family day care or home child care facilities shall be permitted by right in all residential districts subject to the following provisions:
(1) Such uses shall be duly licensed by the appropriate State agency. Proof of compliance with State licensing requirements must be submitted to the Zoning Inspector.
(2) Buildings and lots so used shall conform to all State and local code requirements.
(3) All dimension requirements stipulated in the zone in which the family day care or home child care facility is proposed shall apply.
(b) Group day care facilities and foster family homes shall be permitted in all residential districts by Conditional Use Permit. Such uses shall be subject to the same provisions as family day care or home child care facilities. Additionally, the following provisions must also be met:
(1) Not less than 900 square feet of outdoor play space or open recreation space be made available.
(2) The group day care facility and foster family home must be incidental to the residential use.
(3) One (1) person may be employed at the facility other than family members.
(4) Fences must be provided around all play areas and open recreational space per the requirements of Section 1173, unless waived by the Commission.
(c) Child care centers and foster care centers shall be permitted in the C-1 and R-4 districts by Conditional Use Permit. They are not permitted in residential districts. The permit will require that:
(1) All such child care centers and adult foster care establishments comply with existing state law with regard to handicapper access.
(2) All such child care centers and adult foster care establishments shall be licensed by the appropriate State agency.
(3) Buildings and lots shall conform to all State and local code requirements
(4) Contiguous open space (play area) shall be a minimum of 1,200 square feet. Contiguous open space (play area) shall be provided exclusive of the front yard, side yard, driveway, and parking areas. The open space requirements may be waived or reduced by the Zoning Inspector if a public open space is located within 500 feet of the proposed child care center or foster care facility.
(5) For child care centers with any more than 25 children, an additional fifty square feet of contiguous open space must be provided for every child over 25.
(6) Fence must be provided around all play areas and open recreational space per the requirements in Section 1173.11.
(7) Open recreational space shall be screened per Chapter 1183 from adjoining properties when deemed necessary as a condition of site plan review.
(8) Indoor play areas for child care centers shall be 35 square feet per child exclusive of hallways, bathrooms, reception and office areas, kitchens, storage and cloakroom areas and any area used exclusively for rest or sleep.
(Ord. 1166. Passed 9-24-01.)