(A) Child care centers, as defined in this LDC, shall be designed in a manner that provides the young child with a sense of place and identity which they can readily transfer when they enter the public school realm. Efforts to depict the classic school hour's image should be exercised. Entries should be clear, inviting, sheltered and warm transition spaces that alert the child to their surroundings resulting in pride in attendance.
(B) Each freestanding child-care center shall have a minimum lot size of 15,000 square feet.
(C) Each child care center shall have a minimum of 45 square feet interior floor space per two children excluding support facilities (bathrooms, kitchen, corridors, office, storage and the like).
(D) Each child care center shall have a minimum of 3,500 square feet or 45 square feet per two children, whichever is greater, of open space enclosed, shaded, pervious area with outdoor drinking fountain. All playground equipment shall be identified on the site plan and shall not be permitted in the required set back areas. Required yards are not to be counted as required open space.
(E) Each child care center shall have a minimum of one shade tree per 1,000 square feet of pervious open space area.
(F) Each child care center shall have a pickup and drop zone with space to accommodate four vehicles with a minimum of 30 feet frontage.
(G) Each child care center shall operate only from the hours of 8:00 a.m. to 6:00 p.m. outside activities only and inside care may be 24-hours.
(H) Each child care center shall provide a minimum of the following yards and buffers:
(1) Rear yards: 25 feet minimum;
(2) Side yards: 15 feet minimum;
(3) Front yard: 50 feet minimum;
(4) Hedged perimeter: eight feet adjacent to residential property lines.
(I) Vehicle impact protection devices required. Child care centers shall be required to install and maintain vehicle impact protective devices for exposed areas to protect the child care center, associated play areas, patrons from vehicle intrusions from out-of-control vehicles. Home based child care centers, drop-in child care, family day care home, and indoor recreational facility, or a large family day care home, as respectively defined within F.S. § 402.302, shall be exempt from the requirements of this division.
(1) Applicability. Child care centers shall install vehicle impact protection devices prior to any of the following:
(a) Opening a non-home based child care center after enactment of this section;
(b) Expansion, modification, or relocation of an existing non-home based child care center;
(c) Expansion, installation, modification, relocation, repair, creation, establishment, development or redevelopment of any qualifying child care center play areas;
(d) Expansion, installation, modification, relocation, repair, creation, establishment, development or redevelopment of any exposed area; or
(e) The creation, installation, establishment, development, or redevelopment of head in parking adjacent to a non-home based child care center uses or associated play areas.
(2) Elements of vehicle impact protection devices.
(a) Vehicle impact protection devices shall be a minimum of 36 inches in height and, be designed to achieve an impact resistance level of 5,000 pounds traveling at 30 miles per hour. Vehicular impact protection devices shall be required to be installed within the exposed area. Vehicle impact protection devices shall be installed parallel or roughly parallel to the edge of the roadway or drive aisle. Plain concrete barriers, such as "K Rails" or "Jersey" barriers, shall be prohibited, except as temporarily allowed for replacement and repairs.
(b) Vehicle impact protection devices shall be installed to a height of no less than three feet and not greater than four feet above finished grade.
(c) When vehicle impact protection devices are spaced apart, the spacing shall be not less than 48 inches and not more than 56 inches between the outer edge of the barrier and the nearest outer edge of the adjacent barrier and shall comply with the American Disabilities Act, and all applicable state, local, and federal codes and regulations.
(d) The color and design of the vehicle impact protection devices shall be consistent throughout the site. Use of protective and/or decorative sleeves shall be permitted.
(e) Vehicle impact protection devices shall be properly maintained, including no visible rust or corrosion, and be kept in uniform alignment.
(f) Child care business owners are encouraged to screen vehicle impact protection devices with landscape where feasible to reduce visual impact on a site.
(3) ADA compliant parking spaces. Where a parking space is required to be ADA compliant and is located in an area of a parking lot specified in this section so as to require vehicle impact protection devices adjacent to the parking space, bollards or posts may be substituted for wheel stops and the ADA signage may be mounted on a pole that is mounted or affixed to the post or bollard.
(4) Conflicts with other laws. In the event the terms of this division or its application to a particular parking lot would cause a parking lot to not comply with a provision of federal or state law or another provision of the city's Municipal Code, city staff shall apply this division in a manner to carry out the provisions of both federal and state law and the other provisions of this Code and the provisions of this division. When there is an irreconcilable conflict between the provisions of this division and the provisions of federal or state law or other provisions of this Code, the provisions of federal and state law and the other provisions of this Code shall prevail over this division and only to the extent necessary to avoid a violation of those other laws or Code provisions.
(5) Review. Vehicle impact protection zones shall be considered concurrently with the review of the underlying site plan or development application through the Planning and Zoning Board.
(6) Minor adjustments to vehicular impact protection zones. The City Manager or designee may approve minor modifications to vehicle impact protection standards contained in this section to accommodate for conflicts with existing site conditions, pedestrian accessibility paths and ground mounted light poles, fire protection, mechanical equipment, etc., provided the modifications achieve similar protections as intended by this division.
(7) Replacement or repair. Within 90 days after a vehicle impact protection device or feature that serves to protect an exposed area of a nonresidential building center is destroyed, damaged, or removed, the device or feature shall be replaced with one that satisfies the requirements and standards of this section.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)