1263.09 CHILD DAY CARE HOMES, TYPE A AND B.

   A.    Definitions and Number of Children. Child day care homes are defined by the number of children for which they care.

      1.   Child Day Care Home, Type A. A permanent residence in which child day care is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator in which child day care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted.

      2.   Child Day Care Home, Type B. A permanent residence in which child day care or child day care homes are 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.

   B.   Applicable Districts. Child Day Care Homes, Type A may be granted a Conditional Use Permit only in the SF1, SF2, and SF3 Districts. Child Day Care Homes, Type B may be granted a Conditional Use Permit only in the MF and A Districts. Child Day Care Homes, Type B are a permitted accessory use in the SF1, SF2, SF3, and TF Districts.

   C.   General Standards for Child Day Care Homes, Type A and B. All Child Day Care Homes, including both Type A and Type B, shall be operated in compliance with the requirements in Section 1262.03, subsections B. through I.

   D.   Additional Requirements for Child Day Care Homes, Type A:

      1.   Prior to approval of a conditional use permit the following must be completed:

         a.   The applicant must provide the City with verification from a representative of the Bureau of Child Care Licensing and Monitoring at the Ohio Department of Job and Family Services that adequate interior space is available in the home, and such space shall be maintained during operation of the Home.

         b.   The applicant must demonstrate a track record of having operated a Type B day care without violation of this Chapter and Chapter 1262.03 at the same home.

         c.   A parking, pick up and drop off plan must be submitted to the City, and the plan must be implemented during operation of the Home.

      2.   Prior to beginning operation, an approved Type A Day Care Home must complete the following:

         a.   All interior Housing Code violations in spaces used by the children shall be corrected.

         b.   The outdoor play area shall be enclosed by a 6 foot tall solid fence, and such fence shall be maintained during operation of the Home.

      3.   After operation of an approved Type A home begins, the following conditions shall apply at all times during operation:

         a.   The Home shall have a continuing obligation to comply with all city ordinances, including the City's noise ordinances.

         b.   Outdoor play hours are limited to between 9:00 a.m. and 7:00 p.m.

         c.   On Saturdays and Sundays there shall be a maximum of 6 children.

         d.   Inspections may be conducted by the City as the City deems necessary, and an administrative review may be conducted after 1 year from the date of the issuance of a conditional use permit, to include an evaluation of the Home for compliance with all conditions and with Section 1213.05 H., Conditional Use Permit Standards, and neighborhood input.

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