HomeMy WebLinkAboutORD 20080 0
BILL NO. 33
ORDINANCE NO. zoos
AN ORDINANCE TO AMEND TITLE VI, CHAPTER 3, SUBSECTION 6, OF THE
MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF
IDAHO, PERTAINING TO CHILD CARE FACILITIES: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Caldwell, Idaho, County of Canyon, State of Idaho:
Section 1. That Title Vl, Chapter 3, Subsection 6 of the Municipal Code of the City of
Caldwell, County of Canyon, State of Idaho, shall be amended by adding and deleting
certain language as follows:
6 -3 -6: CHILD CARE FACILITIES:
A. Family Day Care Homes shall be an accessory use and home occupation in all
residential districts.
B. Group Day Care Facilities and Child Care Centers shall be a special use, requiring
a Special Use Permit, in districts designated by Section 6 -2 -1, Table 1, Land Use
Schedule.
C. Special Use Permits for Group Day Care Facilities and Child Care Centers are not
transferable from one owner /operator to another nor from one location to another.
D. A group day care facility or a child care center is a permitted accessory use in any
district where it is epeFated conducted within an operating church, school or
comparable public facility, large employment center etheF pUblie, libFaFy or similar
institution. These child care uses are subject to compliance with all applicable
standards as set forth by Section 6 -3 -6.
E. Family Day Care Homes, Group Day Care Facilities and Child Care Centers shall
meet the following standards as indicated:
Requirement
Day
Group
Child
Care
Day Care
Care
Homes
Facilities
Centers
(1) The owner must obtain all applicable
X
X
X
state licenses prior to conducting
business.
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Requirement
Day
Group
Child
Care
Day Care
Care
Homes
Facilities
Centers
(2)
not- a am a-e- sub ,
2a Provide an area sufficient for drop-
X
off /pick up of children. On- street
drop- off/pick -up of children is not
allowed on collector or arterial streets.
LUb Provide off - street parking of one
X
ssoace for each employee. Provide an
area suffiicent for drop- off /pick -up of
children. On- street drop- off/pick -up is
not allowed on collector or arterial
streets. Locations on collector or
arterial streets shall provide a separate
means of ingress and egress to the
site from a public street.
L Provide off - street parking of one (1)
X
space for every eight (8) children
maximum enrollment plus one (1)
additional space for each employee.
Provide an area on -site sufficient for
drop- off/pick -up of children and a
separate means of ingress and egress
to the site from a public street.
(3) In residential zoning districts, no
X
X
X
structural alterations to a residential
building are allowed which result in
changing the exterior
residential
character of the building.
(4) As a condition of the special use
X
X
permit, the Planning and Zoning
Commission shall establish the
maximum number of children allowed.
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Am
Requirement
Day
Mroup
Child
Care
Day Care
Care
Homes
Facilities
Centers
(10) Facilities are required to comply with
X
X
all applicable accessibility
requirements of the Americans with
Disabilities Act.
Applicable requirements are designated by (X).
Child care center: A facility which provides day care services and
supervision for more than twelve (12) children at one time, fGF less
than 24 heuFs peF day; provided that such center is licensed by the
Gity and and is conducted in accordance with City and State
requirements. (See Note 1. Section 6 -3 -6)
Day Care: "Day care" means care and supervision provided for compensation during
part of a twenty -four (24) hour day for a child or children not related by
blood or marriage to the person or persons providing the care for a child
or children of a neighbor in a place other than the child's or children's own
home or homes. (See Note 1. Section 6 -3 -6)
Family Day care home: A residence which provides day care services and
supervision for six (6) or fewer children at one time who do
not normally reside in the home, f9F less than. 24 Mum PeF
day; provided that such center is licensed by the State Gity
and conducted in accordance with State Gity requirements.
(See Note 1. Section 6 -3 -6)
Group Day care facility: A facility which provides day care services
and supervision for at least seven (7) but not more than
twelve (12) children at one time, who do not normally reside
in the home, feF less than 24 hGUFS PeF day providing that
such facility is licensed by the Gity and State and conducted
in accordance with City and State requirements. (See Note
1. Section 6-3 -6)
Section 4. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
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Requirement
Day
Mroup
Child
Care
Day Care
Care
Homes
Facilities
Centers
(5) Landscaping, additional setbacks,
X
X
walls or fences may be considered
and required by the Planning and
Zoning Commission as part of the
special use permit.
(6) No outdoor activities for children shall
X
X
be allowed before 7:30 a.m. or 1/2
hour after sunset.
(7) Minimum of 35 40 square feet of net
x
X
X
indoor floor area per child.
(8) Minimum of 490 70 square feet of on
x
X
X
site outside play area per child.
Outdoor amwit'es activity areas for
children shall vA4 occur within an area
enclosed by a six -foot high fence.
Said fencing may be located along
side and rear lot lines or internally
within the property, in conformance
with City fencing regulations.
Outdoor activity areas located within
or abutting a residential zoning district
shall be enclosed by a six -foot high
solid fence along interior side and rear
lot lines. A solid fence is a sight -
obstructing fence constructed of
substantial, rigid material without a
pattern of holes , cavities, breaks or
openings greater than one (1) inch in
width or diameter. Fifty (50) per cent
of this reguirement may be fulfilled
through use of a gymnasium or
comparable indoor recreational facility
area at the premises.
--
—X
(g)
X
X
iet line.
No play equipment or play structures
shall be allowed in the front yard or
within 10 feet of a side or rear lot line.
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Section S. This ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 18th day of
October , 1993.
APPROVED BY the Mayor of the City of Caldwell this 18ti lay of October , 1993.
ATTEST:
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CITY CLER