Child daycare shall be permitted pursuant to the following provisions:
A. Nonregistered Home Daycare: Nonregistered home daycare, limited to no more than two (2) children, excluding the provider's own children, is permitted in the home of the care provider as set forth in chapter 21A.33, "Land Use Tables", of this title and within legal conforming single-family, duplex, and multi-family dwellings within commercial and nonresidential districts excluding M-1 and M-2 Districts. A business revenue license or home occupation special exception approval shall not be required.
B. Registered Home Daycare or Registered Home Preschool: A registered home daycare or registered home preschool as defined in chapter 21A.62 of this title, may be allowed as an accessory use as set forth in chapter 21A.33, "Land Use Tables", of this title and within legal conforming single-family, duplex, and multi-family dwellings within commercial and nonresidential districts excluding M-1 and M-2 Districts as a conditional use pursuant to the provisions of chapter 21A.54 of this title. Registered home day cares shall be considered an administrative conditional use under section 21A.54.155 and be eligible for administrative approval under that section. Registered home day cares under this section are exempt from the noticing requirements in section 2.60.050 or its successor. The permittee shall also obtain appropriate licensing where applicable from the State pursuant to the Utah Code.
1. Permit; Application: An application for a residential home daycare or preschool must be submitted to the zoning administrator. As a part of the application, the applicant must submit the following documentation:
a. The number of children and employees; both total for the day and the expected maximum number to be on the premises at any given time;
b. The hours and days of operation; and
c. Proof of appropriate licensing from the State, where applicable, or basis upon which exemption therefrom is claimed.
2. Standards: All residential home daycare or preschools shall be subject to the standards set forth in chapter 21A.54 of this title and subject to the following specific standards:
a. The applicant resides at the home in which the business will be conducted;
b. At no time shall the applicant provide home daycare or home preschool services for a group of children exceeding the maximum specified for such facility;
c. The outdoor play area for the home daycare or home preschool shall be located in the rear or side yards of the home for the protection and safety of the children and for the protection of the neighborhood;
d. The use of the home for the services of providing childcare shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character of the home or the neighborhood;
e. The care and supervision of the children shall be conducted in a manner which is not a public nuisance to the neighborhood;
f. There shall be no advertising of such occupation, business or service, no window or other signs or displays;
g. No employees other than persons lawfully living in the dwelling;
h. No play or yard equipment located in the front yard; and
i. It is unlawful for any person to engage in a "registered home daycare or registered home preschool" as defined in section 21A.62.040 of this title without first obtaining a license pursuant to the provisions of chapter 5.04 of this code. Prior to issuance of said license, the criteria set forth in this title must be satisfied and all applicable fees shall be paid. All home occupation business licenses shall be valid for one year, and may be renewed annually, provided there have been no reported violations, subject to subsection 21A.36.030.I of this chapter.
C. Child Daycare Center:
1. Conditional Use Standards for Child Daycare Centers: A child daycare center may be allowed as a conditional use pursuant to the provisions of chapter 21A.54 of this title and the requirements and provisions of this subsection.
a. Site Requirements:
(1) Minimum Lot Size: Twenty thousand (20,000) square feet.
(2) Location Requirements: The child daycare use shall be addressed on and oriented to an arterial street as shown on the City's major street plan.
(3) Rear Yard Playground Equipment: All outside playground equipment shall be located only in the rear yard.
(4) Landscape Buffering: Any outside area where children are allowed must be fenced with a solid fence at least six feet (6') high. At least ten feet (10') from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons.
b. Signage: Signs are limited to either one nonilluminated low profile identification sign, or one "flat sign" as defined in chapter 21A.46 of this title. The size of the sign shall be determined as part of the conditional use approval.
c. Prohibitions:
(1) Residential Demolition: No existing building containing a residential dwelling unit may be demolished to allow for the construction of a new conditional use facility for child daycare under this section.
(2) Residential Conversion: The conversion of any existing residential structure or a conditional use allowed under this section shall not permit any major exterior or interior alterations of the building to be made which render the building substantially incompatible with the return to its use as a residence.
(3) No Variances: The planning commission shall not approve a childcare conditional use pursuant to this section if the appeals hearing officer would be required to grant a variance from any zoning condition.
(4) Six Hundred Feet Proximity: No conditional use allowed under this section may be within six hundred feet (600') on the same street frontage as another conditional use allowed under this section.
d. Application: The application for a child daycare center shall include, in addition to application submission requirements of chapter 21A.54 of this title, the following information:
(1) The number of children, employees, staff or volunteers; both total for the day and the expected maximum number to be on the premises at any given time;
(2) The hours and days of operation;
(3) The proposed signage; and
(4) The number, location and dimensions of any dropoff or pick up areas for either private transportation or public transportation.
e. Standards: Standards for approval shall include, in addition to standards of chapter 21A.54 of this title, the following:
(1) Specific Standards for Child Daycare Conditional Uses:
(A) The lot is of sufficient size to accommodate all required parking in the side and rear yards, or to the rear of the required landscaped setback in the front yard;
(B) The dropoff and pick up area is designed in a manner that vehicles do not back into a public street or the stacking or queuing of vehicles will not interrupt traffic flow on the public street; and
(C) The signage is appropriate for the area. (Ord. 64-21, 2021: Ord. 46-17, 2017)