(a) Child day-care service, provided that the following requirements have been satisfied:
(1) The term "child day-care service" means the service of a provider in administering to the needs of children in the permanent residence of the provider, which service is provided for children who are unrelated to the provider.
(2) The term "provider" means an adult person or persons who provide child day-care service, and who own the premises.
(3) The term "unrelated" means a relationship with the child other than natural parent, natural guardian, legal guardian, legal custodian, legal adoption or a relationship to the above by blood or by marriage.
(b) The child day-care service shall satisfy each of the following criteria:
(1) No more than six children under the age of 12 years old; and
(2) No more than three children under the age of two years old; and
(c) The child day-care service shall not be located within 500 feet of a lineal frontage upon the same street, excluding intersections, of any existing child day-care service.
(1) The child day-care service shall not be located on the property contiguous with another child day-care service. The term "contiguous" means sharing a common property line or sharing the intersection of two property lines.
(d) The child day-care service shall occupy and the use shall be limited to the premises for which the Commissioner of Buildings has issued a Certificate of Inspection pursuant to all applicable codes, ordinances or regulations of the Housing Code. The Certificate of Inspection shall not be issued prior to satisfaction of the following requirements.
(1) The Commissioner of Buildings or designees shall have inspected and approved the premises in accordance with standards as set forth in all applicable codes, ordinances or regulations. Inspection shall be conducted annually by the Division of Building Engineering and Inspection and at such other times as may be appropriate; and
(2) Any outdoor play area shall be enclosed on all sides by a barrier in conformity with other sections of the Codified Ordinances, in the form of a fence, building wall or other structure or landscaping so as to provide for safe outdoor play.
(e) "Child day-care" means administering to the needs of infants, toddlers, preschool children and school age children, including but not limited to group day-care homes, family daycare homes, day-care centers, by persons other than their parents or guardians, custodians or relatives by blood, marriage or adoption for any part of the 24-hour day in a place or residence other than a child's own home.
(f) "Child day-care home or facility" means a permanent residence or facility of the provider for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of the division, any children under six years of age who are related to the provider and who are on the premises of the child day-care home shall be counted.
(1982 Code, § 1380.02) (Ord.91-12. Passed 3-4-1991.)