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Planning Department

Zoning Division

Home Day Care Regulations

Section 17-92(63)

Day care center, class 1. A detached single-family residence in which day care is regularly provided to less than nine children, handicapped persons, or senior citizens, unrelated by blood or marriage and who are not the legal wards or foster children of the attendant adult(s). Persons who are related by blood or marriage or who are the legal wards or foster children of the attendant adult(s) shall not be counted as patrons of the “home day care center.” A “class 1 day care center” shall not be deemed a “family care home.” A “class 1 day care center” shall be deemed an accessory use to said residence. The principal use of the dwelling shall be the single-family residence.

(a) The facility is staffed by persons residing in the dwelling in which the day care center is located and up to one non-resident.

(b) Outdoor play areas shall be located in the rear or side yards only. Notwithstanding Section 17-129, in no case shall such play areas be located in a required side yard.

(c) All outdoor play areas are surrounded by a fence or wall at least four (4) feet in height. Outdoor play areas shall not include driveways, parking areas, or other land unsuitable for play use.

(d) One attached on-premise non-illuminated sign may be used to advertise the day care center. Said sign shall have a maximum area of one and one-half (1 1/2) square feet.

(e) The day care center shall be located in a structure originally constructed as and designed for a single-family dwelling. Said structure shall be the principal structure on the lot. The exterior of the structure (aside from the allowed day care signage) shall not be altered in a manner which diminishes its single-family dwelling characteristics.

(f) In Office (O) and Commercial (C) districts only, outdoor play areas located in the side yard shall observe a minimum side yard setback of ten (10) feet. On corner or through lots, a minimum twenty (20) foot setback for outdoor play areas as measured from the abutting street right-of-way shall be observed.

Off-Street Parking Requirement

(a) Two (2) spaces per dwelling unit.

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