(a) Home operated child care with an average daily attendance of six (6) children or less are allowed in any residential district. No zoning permit is required for this type of child care.
(b) Home operated child care with between seven (7) and twelve (12) children in average daily attendance may also be allowed in a residential district as either a permitted or conditional use. The petitioner shall be required to obtain a zoning permit by proving 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 centers.
(c) Child care centers with more than twelve (12) children in attendance are subject to the following regulations:
(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) Review of a child care center 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) Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
In order to operate a child care center, the petitioner must apply for a child care center 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 Board of Zoning Appeals for reconsideration of issuance of the permit.