(a) Conditional Use Permits. In addition to the requirements of this chapter, conditional use permits for licensed child day care centers, preschool facilities, or adult day care facilities shall be in accordance with the general conditions of Section 1227.03.
(b) Development Plans. When required, development plans shall be provided in accordance with Chapter 1220.
(c) Licensed child day care centers or preschool facilities shall be permitted in accordance with the following requirements:
(1) General requirements:
a. The lot contains sufficient land and size to provide adequate open space, safe vehicular, pedestrian, and emergency vehicle access, good circulation patterns and vehicle queuing on the property.
b. Child day care centers shall be licensed through the Ohio Department of Job and Family Services pursuant to Section 5101:2-12 of the Ohio Administrative Code (OAC) as may be amended from time to time.
c. An access site plan shall be provided indicating the following:
1. All building entrances shall have entry password protected locking doors.
2. Safe pedestrian routes and access for parking lots and driveway areas used for the licensed child day care center including safety measures, such as:
i. Pedestrian signage and pavement word and symbol markings at pedestrian crossings, driveways, travel lanes, and other key locations within the parking lot to warn motorists of a potentially high concentration of children, such as pavement text and/or striping, warning lights, stop signs, yield signs, signs with "Caution - Children's Crossing" or other cautionary messages.
ii. Pedestrian refuge islands.
iii. Speed bumps or speed tables.
d. Dedicated vehicular drop-off/pick up locations:
1. Shall be within 30' of the entrance, unless otherwise provided at the street by school bus or public transportation.
2. Shall be provided at sidewalks leading to the licensed child day care center and marked clearly with signs and/or striping in parking lots and driveways.
3. May be provided as a reserved parking area or a paved unobstructed drop-off/pick-up lane adjacent to the licensed child day care center.
4. If parking spaces are not contiguous to the entrance sidewalk, then a walkway shall be provided with diagonal striping to spaces.
5. The number of reserved parking spaces or stacking spaces in a drop-off/pick-up lane shall be provided in accordance with the following formula:
Reserved or stacking spaces | = | (A x B) | x | 2 |
60 |
A = maximum estimated number of children picked up or dropped off per hour
B = minutes required per child
e. Playgrounds shall be provided in accordance with the requirements of the OAC and the following regulations:
1. Playgrounds adjacent to parking areas shall be enclosed by a solid decorative fence at least 5 feet in height and protected on the exterior by a series of steel bollards.
2. Playgrounds shall not be located within a required setback area.
3. Playground equipment shall be in earth tone colors when visible from adjacent streets or residences.
4. Playgrounds shall not be located within a front yard.
5. Playgrounds shall provide entry password protected locking gate or gates to the parking lot for an emergence evacuation exit as required by the fire and building departments.
6. Playgrounds shall be not be located where parking spaces directly abut.
7. Dumpsters, compactors and mechanical equipment:
a. Any new or existing dumpsters must be located in a dumpster enclosure in accordance with section 1216.03(j).
b. Playgrounds shall be located a minimum of 50' from a dumpster enclosure, compactor, or mechanical equipment.
c. Compactors shall be inaccessible to children and not operated during times when the playground is in use.
f. Hours of operation shall be in accordance with Section 753.01, Closing Hours, of the Westlake Business Code.
g. A minimum requirements for indoor and outdoor space and maximum group size shall be as established by the OAC.
h. The maximum occupancy as set by the Fire Department shall not supersede stricter requirements for children as set by the OAC.
i. Surveillance cameras shall be provided at building entrances, pedestrian access routes and outdoor playground areas.
(2) Additional regulations for licensed child day care centers or preschool facilities by zoning district
a. Residential Districts. Licensed child day care centers or preschool facilities shall be a conditional use that is accessory to a permitted main institutional use such as a place of worship, or public or parochial primary or secondary school. Licensed child day care centers or preschool facilities are not permitted as main uses in residential districts.
b. Planned Unit Developments. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter or as otherwise provided for in the PUD and/or conditional use permit ordinances.
c. Planned Office District and Office Building Districts. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter. The following additional requirements shall apply when located in a new standalone building constructed for the purpose of a licensed child day care center or preschool facility:
1. Two acres in lot area.
2. Minimum lot width of 200 feet.
3. Building and use front yard setback of at least 100 feet.
4. Maximum building coverage is 15% of the total zoning lot.
d. Shopping Center, General Business and Executive Office Park. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter and the following:
1. The licensed child day care center or preschool facility is the single use within the building and sole use on the parcel when located in the Shopping Center or General Business District.
2. The front yard setback for the building and use is not less than 100 feet.
3. The side yard setbacks for the buildings are not less than twenty feet.
4. The maximum building coverage is 15% of the total zoning lot.
(d) Adult day care facilities shall be permitted in accordance with the following requirements:
(1) No overnight stays are permitted.
(2) Applicant must apply for, obtain and maintain annual certification from the Ohio Department of Human Services, the Ohio Department on Aging and/or their designated regional agency to operate as a PASSPORT provider, or in the event that the PASSPORT program is discontinued, apply for, obtain and maintain a similar license from the State of Ohio for adult day care facilities. Applicant must comply with any and all future applicable State licensing requirements as they are implemented.
(3) All adult day care facilities to be located on a single floor with ground level access to all doors without stairs.
(4) Adult day care facility shall contain not less than 90 square feet of gross floor area per person with not less than 60 square feet per person of net indoor activity and living area. In addition, adult day care facility shall provide not less than 35 square feet per person of outdoor sitting, walking and activity area.
(5) The outdoor activity area shall be completely enclosed in a minimum 5 foot high fence with locks and alarm monitored gates.
(6) A drop-off and pickup area shall be provided with handicap accessible access within 30 feet of the main entrance and provide a vehicle storage lane for not less than six vehicles.
(7) The main entrance to the building and all emergency exits shall be accessible to emergency medical vehicles and fire emergency vehicles.
(8) Compliance with Chapter 1383 of the Building Code is required.
(Ord. 2017-54. Passed 6-7-17.)