1173.010 CHILD DAY CARE OR ADULT DAY CARE FACILITIES.
   (a)   Child day care or adult day care facilities with an average daily attendance of six (6) persons or less are allowed in any residential district. No zoning permit is required for this type of child day care or adult day care.
 
   (b)   Child day care or adult day care facilities with between seven (7) and twelve (12) persons in average daily attendance may also be permitted or conditionally permitted in any district. 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 Responsible Authority. The zoning permit will expire without notice on a yearly basis.
 
   (c)   Child day care or adult day care facilities with an average daily attendance of more than twelve (12) persons may be permitted or conditionally permitted in a zoning district and is subject to the following conditions:
      (1)   The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children, as well as adults.
      (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 the child day care or adult day care facility as a conditional use 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, as well as adults.
      (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 or adults to be accommodated in the center, service area, type of program, teacher-child ratios, caregiver/adult ratios, and personnel qualifications.
      (4)   Day care facilities shall comply with all laws, ordinances, and regulations pertaining thereto.