(a) Definitions.
(1) "Child Day Care Center" means any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven (7) or more children at one time. Cross Reference Ohio Revised Code 5104.01.
(2) "Type A Family Day Care Home" means:
A. The permanent residence of the administrator in which child care or publicly funded child care is provided for seven (7) to twelve (12) children at one time;
-or-
B. A permanent residence of the administrator in which child 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 years of age.
Cross Reference Ohio Revised Code Section 5104.01.
(3) "Type B Family Day Care Home" means a permanent residence of the provider in which care is provided for one (1) to six (6) children at one time and in which no more than three (3) children are under two years of age at one time. Cross Reference Ohio Revised Code Section 5104.01.
(4) "Permit Holder" means any person who possesses or is required to possess a permit for a Child Day Care Center, Type A Family Day Care Home, or Type B Family Day Care Home pursuant to this Section.
(b) Child Day Care Centers, Type A Family Day Care Homes, and Type B Family Day Care Homes shall be permitted to be established in accordance with the provisions contained in this Zoning Ordinance.
(c) The maximum number of children in average daily attendance at a Child Day Care Center, Type A Family Day Care Home, and Type B Family Day Care Home shall be in strict compliance with the requirements of applicable Ohio law.
(d) Child Day Care Center.
(1) An applicant for a permit to operate a Child Day Care Center shall submit the following information to the Zoning Administrator:
A. A license authorizing operation of a Child Day Care Center from the Department of Job and Family Services, State of Ohio.
1. In no instance will the Zoning Administrator consider renewing a permit if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.
B. The name(s) of the individual(s) and/or agency responsible for administering day care services.
C. Proof of business registration with the department of state and/or FEIN number.
D. Proof of registration with the City of Trotwood tax department.
E. The proposed hours of operation of the Child Day Care Center.
F. The number of children anticipated to be in average daily attendance at the Child Day Care Center.
G. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the day care center, as well as evidence that such building is free of any violations of local and/or State laws or codes.
H. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, and recreation and open space facilities.
I. Communication plan.
(2) Within a residential zoning district, no Child Day Care Center shall be permitted to be established except in conjunction with a school, church, community center, temple, synagogue or public building.
A. A Child Day Center is not permitted to continue to operate in a location that has been closed or vacated.
B. If a school, church, community center, temple, synagogue or public building closes or becomes vacant, the Permit Holder shall submit a new permit application to re-locate to another school, church, community center, temple, synagogue or public building.
(e) Type A Family Day Care Homes.
(1) An applicant for a permit to operate a Type A Family Day Care Home shall submit the following information to the Zoning Administrator:
A. A license authorizing operation of a Type A Family Day Care Home from the Department of Job and Family Services, State of Ohio.
1. In no instance will the Zoning Administrator consider renewing a permit if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.
B. The name(s) of the individual(s) and/or agency responsible for administering day care services.
C. Proof of registration with the City of Trotwood tax department.
D. The proposed hours of operation of the Type A Family Day Care Home.
E. The number of children anticipated to be in average daily attendance at the Type A Family Day Care Home.
F. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the day care center, as well as evidence that such building is free of any violations of local and/or State laws or codes.
G. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, and recreation and open space facilities.
H. Communication plan.
I. Evidence that the Type A Family Day Care Home provider will be the resident occupant of the property proposed to be used as a day care home.
(f) Type B Family Day Care Homes.
(1) An applicant for a permit to operate a Type B Family Day Care Home shall submit the following information to the Zoning Administrator:
A. A license authorizing operation of a Type B Family Day Care Home from the Department of Job and Family Services, State of Ohio.
1. In no instance will the Zoning Administrator consider renewing a permit if a license has not been granted to operate such facility within a 365-day period commencing at the time a permit was originally approved.
B. The name(s) of the individual(s) and/or agency responsible for administering day care services.
C. Proof of registration with the City of Trotwood tax department.
D. The proposed hours of operation of the Type B Family Day Care Home.
E. The number of children anticipated to be in average daily attendance at the Type B Family Day Care Home.
F. Evidence that both fire prevention and property maintenance inspections have been made of the structure proposed to contain the day care center, as well as evidence that such building is free of any violations of local and/or State laws or codes.
G. Plans and drawings which show the location and dimensions of the lot, the location and dimensions of any existing or proposed structures on the lot, floor plans, points of ingress and egress, landscaping and/or screening areas, and recreation and open space facilities.
H. Evidence that the Type B Family Day Care Home provider will be the resident occupant of the property proposed to be used as a day care home.
(g) Additional Zoning Requirements for Child Day Care Centers and Type A Family Day Care Homes.
(1) All Child Day Care Centers and Type A Family Day Care Homes shall meet the following minimum standards:
A. Side and/or rear yards used for outdoor play space shall contain at least a four foot high fence, or otherwise be protected from traffic or other hazards, and, shall contain not less than 60 square feet of outdoor play space per child in average daily attendance.
B. No Child Day Care Center or Type A Family Day Care Home shall be permitted to be established within 500 feet of another Child Day Care Center or Type A Family Day Care Home.
C. Every permit issued for the establishment of a Child Day Care Centers and Type A Family Day Care Homes shall annually be renewed by the administrator of such facility with the Zoning Administrator and provide all documents.
(Ord. 20-23. Passed 6-5-23.)