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The sponsor of a development subject to Section 414.1et seq. may elect to provide a child-care facility on the premises of the development project for the life of the project to meet the requirements of Section 414.1et seq. The sponsor shall, prior to the issuance of the first certificate of occupancy by DBI for the development project, provide proof to the Department that:
(A) A space on the premises of the development project has been provided to a nonprofit child-care provider without charge for rent, utilities, property taxes, building services, repairs, or any other charges of any nature, as evidenced by a lease and an operating agreement between the sponsor and the provider with minimum terms of three years;
(B) The child-care facility is a licensed child-care facility;
(C) The child-care facility has a minimum gross floor area of 3,000 square feet or an area determined according to the following formula, whichever is greater:
Net add. gross sq. ft. off. or hotel space
× .01 =
sq. ft. of child-care facility
In the event that the net addition of gross square feet of office or hotel of the development project is less than 300,000 square feet, the child-care facility may have a minimum gross floor area of 2,000 square feet or the area determined according to the above formula, whichever is greater; and
(D) A notice of special restriction has been recorded stating that the development project is subject to Section 414.1et seq. and is in compliance herewith by providing a child-care facility on the premises.
(Added by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
Undesignated introductory paragraph amended; Ord. 296-18, Eff. 1/12/2019.