(A) Intent and purpose. The purpose of this section, and any rules, regulations, standards and specifications hereafter adopted pursuant hereto or in conjunction herewith are:
(1) To protect the health, safety, and general welfare of the public, neighborhoods and patrons by providing procedures and standards for the review of child daycare centers; and
(2) To provide a process of approval for child daycare centers that give the county general oversight and assurance of the adherence of all local, state and federal laws at the initiation of such use.
(B) Permitted uses. When a child daycare center is proposed in a zone where it is listed as a permitted use, the following standards shall apply.
(1) Application requirements. A land use permit application shall be submitted to the Planning and Development Services Department for review. The application shall be submitted with the following requirements:
(a) A site plan showing the proposed/existing building, lot boundaries, parking, loading and unloading areas, outdoor play areas and access to a public street or dedicated private street;
(b) The application shall identify other uses of the lot, including uses of all main buildings, accessory buildings and yard area; and
(c) The application shall be accompanied with a letter from the local fire official indicating that the building complies with all relevant local, state and federal Fire Codes.
(2) Parking. Proposed or existing parking shall be delineated on the site plan sufficient to satisfy the requirements of § 155.369 of this code. All proposed parking shall be installed prior to the commencement of business.
(3) Loading and unloading. Loading and unloading of children from vehicles shall only be permitted on the property in an approved parking area.
(4) Outdoor play areas. Outdoor play areas of a daycare center shall be enclosed with a fence which shall be built and maintained with a minimum height of four feet. A six-foot-high solid fence shall be built and maintained along play areas that are adjacent to property in a residential zoning district. Fencing shall comply with § 155.345 of this code.
(5) Signs. All proposed signage shall comply with the process and regulations of § 155.368 of this code.
(6) State license required. An establishment to be used for child daycare activities shall be licensed or registered by the state’s Department of Health and shall provide documentation of such with the application. Such establishment shall meet all minimum standards promulgated by the Department of Health.
(7) Process. The Zoning Administrator shall review the land use permit for compliance with the standards listed in this section and elsewhere in this chapter. The application shall be routed to the Building Official who shall ensure that the building housing the childcare center complies with relevant local, state and federal Building Codes. Upon finding that it meets all applicable requirements, the Zoning Administrator shall approve the land use permit, or approve it with conditions relevant to the mitigation of harmful impact of the use. Applications that do not demonstrate compliance with applicable requirements, or uses which harmful impact cannot be mitigated, shall be denied by the Zoning Administrator. All final decisions shall be issued to the applicant in writing. For child daycare centers proposed in new commercial development, the new development shall first be reviewed and approved in compliance with processes and standards of §§ 155.045 through 155.048 of this code, and other applicable regulations.
(C) Conditional uses. When a child daycare center is proposed in a zone where it is listed as a conditional use, the following standards shall apply.
(1) Application requirements. A conditional use permit application shall be submitted to the Planning and Development Services Department for review in compliance with § 155.366 of this code. A site plan shall be submitted with the application showing the proposed/existing building, lot boundaries, parking, loading and unloading areas, outdoor play areas and access to a public street or dedicated private street. The application shall also identify other uses of the lot, including uses of all main buildings, accessory buildings and yard area.
(3) Process. The permitting process for a conditional use permit for a child daycare center shall comply with the conditional use permitting process of § 155.366 of this code. The conditional use permit shall first be reviewed by the Zoning Administrator and Building Official for compliance with applicable regulations, who shall forward a staff recommendation for the conditional use permit to the Planning Commission. For child daycare centers proposed in new commercial development, the new development shall first be reviewed and approved in compliance with processes and standards of §§ 155.045 through 155.048 of this code and other applicable regulations.
(Prior Code, § 8-6-39) (Ord. 12-01, passed 3-6-2012)