1262.03 CHILD DAY CARE HOMES, B.

   A.    Definition-Number of Children. Child day care homes are defined by the number of children for which they care. A Child Day Care Home, Type B is a permanent residence in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted. Child Day Care Homes, Type B are a permitted accessory use in the SF1, SF2, SF3, and TF Districts.

   B.    Location and Distance. Any Child Day Care Home shall be located in the primary residence of its operator. Child Day Care Homes shall be located no closer than five hundred (500) feet to any existing Child Day Care Facility upon the same street or nearest intersecting street. Neither shall any Child Day Care Home be located upon property contiguous with a property upon which another Child Day Care Facility is located.

   C.    Hours of Operation. Child Day Care Homes shall not be operated between the hours of eight thirty p.m. and six thirty a.m. (8:30 p.m.-6:30 a.m.).

   D.    Compliance. The provider shall be responsible for compliance with all applicable City ordinances and state and federal statutes and regulations.

   E.    Inspection. Each Child Day Care Home shall be subject to inspection by the Building and Housing Director, and the Chief of Fire or their designees for conformance with applicable standards set forth in the City Fire and Housing Codes. Inspections shall be conducted by the Building and Housing Department and Fire Department.

   F.    Licensing. Every Child Day Care Home shall file, and maintain current proof of prior licensing (if any), certification or other approval of every public agency charged with its regulation.

   G.    Activity Area. If a Child Day Care Home shall provide and maintain an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least three (3) feet in height.

   H.    Evidence of No Contractual Restrictions. If the Child Day Care Provider is a lessee, a copy of the lease or other satisfactory documentation shall be provided as evidence that no contractual restrictions apply.

   I.   Registration. Every Child Day Care Home shall register with the Zoning Administrator on forms provided by the Planning Department, and shall be subject to administrative zoning review and inspections.

(Ord. 19-36. Enacted 6-24-19.)