(A) Definitions.
CHILD CARE CENTER.
(a) A child care center operation licensed by the State of Nebraska, in a provider's place of residence or a site other than the residence serving 13 or more children at any 1 time for on the average of less than 24 hours per day, for compensation, either indirect or direct, and on a regular basis.
(b) All child care centers and family child care homes shall be operated in full compliance with all of the applicable laws and regulations of the state pertaining to child care, whether the laws and regulations exist at the time of the passage of this chapter or are hereafter adopted. Child care centers and family child care homes do not include preschools and nursery schools.
(c) A child care center and preschool as an accessory use. A child care center, if sited on the premises of an operating community service center such as, but not limited to, a private or public school, place of worship, community center, hospital or library and associated with that activity, shall be considered accessory to the principal use of the property in which the child care center is located.
FAMILY CHILD CARE HOMES. A child care operation defined by Nebraska State Law and licensed by the State of Nebraska, including a family child care home I and family child care home II.
(a) FAMILY CHILD CARE HOME I. A child care operation in the provider's place of residence which serves at least 4 ,but not more than 8 children at any one time. A FAMILY CHILD CARE HOME I provider may be approved by the state to serve no more than 2 additional school age children during non-school hours.
(b) FAMILY CHILD CARE HOME II. A child care operation either in the provider's place of residence or a site other than the residence serving 12 or fewer children at anyone time.
(Prior Code, § 56-440)
(B) Intent. The city recognizes that there is a continued and growing need for quality child care programs and facilities and there is a need to establish and maintain licensure of providers by the state of all such programs to insure that providers are competent and are using safe and adequate facilities. The city finds and declares that the siting, development and supervision of child care programs, all sizes, are a matter of statute and local concerns and should be dealt with uniformly on the state and local levels, at the same time, insuring the siting of the facilities meet community zoning standards. It is the intent and purpose of this chapter to make it easier to set up and operate child care program facilities by setting pre-described standards and by simplifying the review and approval process. At the same time, these standards are intended to preserve the residential character of neighborhoods.
(Prior Code, § 56-441)
(C) Family child care home. A family child care home shall be permitted by right in all zoning districts permitting residences providing that:
(1) State licensing standards and requirements are met, including those pertaining to building, fire and health codes;
(2) Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zoning district;
(3) One off-street parking space is provided for each non-resident or non-family member employee in addition to the 2 spaces per single family or duplex unit required. The residential driveway is acceptable for this purpose;
(4) If located on an arterial street, an off-street drop-off/pick-up area must be provided;
(5) Signage. A maximum of 1 6-square foot freestanding or wall mounted sign maybe used. Only indirect illumination is allowed. If a freestanding sign is used, it must be located 15 feet from the front lot line, placed in the front yard area only, and may not exceed 5 feet in height;
(6) Alley usage. Use of the public alleys by child care facilities is discouraged due to impact on neighboring residences;
(7) Playground equipment must be located in a secured area by a 3-foot high fence in the rear yard;
(8) No structured area for active play or play structures may be located in the front yard or within 10 feet of a side or rear lot line;
(9) The site must be landscaped and maintained in a manner compatible with adjacent and neighboring residences;
(10) No structural or decorative alteration that will alter the residential character of an existing residential structure used for a family child care home is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood; and
(11) A copy of the approved state child care facility license shall be filed with the city's Department of Development.
(Prior Code, § 56-442)
(D) Child care centers in residential districts. A child care center may be allowed in the following zoning districts: R-2 Single-Family and Duplex, R-3 Multiple-Family and R-4 Single-Family, mobile homes and sectional homes, subject to issuance of a conditional use permit. In reviewing, approving and issuing a conditional use permit for any child care center, the following standards must be complied with, unless specifically modified by the city:
(1) State licensing standards and requirements are met, including those pertaining to building, fire and health codes;
(2) Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zoning district;
(3) One off-street parking space is provided for each 1-1/2 employee on duty at any one time and 1 space per child care center vehicle owned (if any). Shift changes are recognized;
(4) If located on an arterial street, an off-street drop-off/pick-up area must be provided;
(5) Signage. A maximum of one 6-square foot freestanding or wall sign may be used. Only indirect illumination is allowed. If a freestanding sign is used, it must be located 15 feet from the front lot line, placed in the front yard area only, and may not exceed 5 feet in height. If the center is located in a non-residential zoning district, the sign may be increased to 20 square feet, not exceeding 8 feet in height;
(6) Alley usage. Use of the public alley by the child care facility is discouraged due to impact on neighboring residences;
(7) Playground equipment must be located in a secured area by a 6-foot high fence in the rear yard;
(8) No structured area for active play or play structures may be located in the front yard or within 10 feet of a side or rear lot line;
(9) The site must be landscaped and maintained in a manner compatible with adjacent and neighboring residences;
(10) No structural or decorative alteration that will alter the residential character of an existing residential structure used for a child care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;
(11) A child care center shall not be located within 300 feet measured along the shortest street-travel distance of another child care center, excluding any child care center that is an accessory use in a community service facility;
(12) Street location. In a residential zone, no child care center shall be located along any dead-end or cul-de-sac street;
(13) A copy of the approved state child care facility license shall be filed with the city's Development Office; and
(14) A certificate of occupancy must be approved and issued by the city's Development Office prior to the occupancy of any child care center.
(Prior Code, § 56-443)
(E) Continued authorization of existing lawfully licensed and operating family child care home and child care center.
(1) Any family child care home, child care center, including those classified as an accessory use, lawfully licensed by the state and operating prior to the adoption of this chapter shall have the right to continue operating. Any change in use, requiring an amendment to its current state license, or should cease to operate for 1 year, a conditional use permit must be applied for and granted by the city authorizing the use. This does not include change in ownership only.
(2) Any and all family child care homes or child care centers in this category must submit a copy of its state license within 60 days of the adoption of this chapter to the city's Development Department. Thereafter, any and all family child care homes or child care centers shall submit a copy of its state license to the city's Development Department within 30 days of receipt from the state.
(Prior Code, § 56-444)
(F) Revocation of conditional use permit.
(1) The Planning Commission on its own motion may and, upon direction of the City Council, shall hold a public hearing upon the question of the revocation of a conditional use permit granted under or pursuant to the provisions of this chapter.
(2) Notification of the public hearing shall be given in accordance herewith; provided, however, the owner of the subject property, the owner of the child care facility and the state's Health and Human Services System, Child Care Licensing Division, shall have his or her notice mailed by registered mail, postage paid, return receipt requested.
(3) (a) A conditional use permit granted pursuant to a hearing maybe revoked and the child care facility use maybe terminated if the Planning Commission and City Council make any of the following findings:
1. That any condition of a conditional use permit or an amended conditional use permit has not been complied with or has been violated;
2. That the child care facility use is detrimental to the public health, safety or is a public nuisance;
3. That the conditional use permit was obtained by fraud;
4. That the use for which the permit was granted is not being exercised; or
5. That the use for which the permit was granted has ceased or been suspended for 1 year or more.
(b) After a public hearing upon the revocation of a conditional use permit, the Planning Commission shall report its findings of fact and recommendations to the City Council and, upon receipt of such recommendations, the City Council shall determine the facts and may revoke, modify or allow to remain unchanged the conditional use permit in accordance with the City Council's final determination in such matters.
(Prior Code, § 56-445)
(Ord. 3247, § 1, 9-7-1999; Am. Ord. 3840, § 1, 4-3-2012)