A petitioner for a zoning permit for a child care or day care facility shall be required to prove that he or she has complied with all applicable state laws and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care facilities.
(a) Child care or day care facilities with an average daily attendance of less than six (6) children are allowed by right in any residential districts according to state laws.
(b) Child care or day care facilities with more than seven (7) children and less than twelve (12) in average daily attendance may be allowed in any residential district.
(c) Child care or day care facilities with an average daily attendance of more than twelve (12) children may be permitted in an appropriately zoned district subject to the following conditions:
(1) The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
(d) Before granting a special use permit for a day care facility, the petitioner shall obtain a special use permit in accordance to procedures established in Chapter 1112 (Special Use Permits) Additionally, review of a child care or day care facility shall include, but is not limited to:
(1) Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
(2) Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
(3) Site plan, including setbacks, screening, outside open space, and recreation area, landscaping, automobile access, and off-street parking, design and materials of structures in relation to the area. The size and design of all new structures and proposals for remodeling shall be reviewed to provide that the structure will be readily adaptable to a use permitted in the district in the event the day care facility closes, as well as providing for a design and exterior treatment in keeping with the character of the area.
(4) Numbers and ages of children in the surrounding area and other census and similar data affecting the probable need for service to the area.
(5) Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
(6) Day-care facilities shall comply with all laws, ordinances, and regulations pertaining thereto.
(e) In order to operate a day care facility, the petitioner must apply for a day care facility permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the City Council for reconsideration of issuance of the permit.
(Ord. 2008-06. Passed 4-14-08.)