Chapter 18.93
DAY CARE FACILITIES

Sections:

18.93.010 Purpose.

18.93.020 Family day care home.

18.93.030 Child day care center.

18.93.040 Decision criteria.

18.93.050 Registration.

18.93.010 Purpose.

It is the purpose of this chapter to facilitate siting of child day care facilities in a manner that simplifies review and approval processes while ensuring conformance with surrounding land uses. (Ord. 92-08 § 2, 1992)

18.93.020 Family day care home.

A family day care home shall be permitted in all residential zoning districts. Permit approval shall be through an administrative site plan review process and shall be subject to the following conditions in addition to BIMC 18.93.040:

A. One off-street parking space is required for each on-shift, nonresidential employee in addition to the residential parking requirements found in Chapter 18.81 BIMC, Parking and access requirements. Residential driveways are acceptable accessways.

B. Access streets, parking and/or loading areas shall be sufficient to safely accommodate the number of estimated vehicle trips generated by the use.

C. No structured area for active play or play structures may be located in the front setback. In the event of double frontage or similar situations, the director or designee shall determine which setback would have the least visual impact to the neighborhood.

D. Family child day care homes located within multifamily residential uses shall not be operated from a combination of dwelling units. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.93.030 Child day care center.

A child day care center shall meet the following requirements in addition to BIMC 18.93.040:

A. Residential Zoning Districts.

1. A child day care center may be allowed in residential zoning districts only upon issuance of a conditional use permit.

2. A sight-obscuring fence of at least four feet in height as approved by the hearing examiner shall be provided, separating any play area from adjoining lots.

3. Child day care centers located in residential zones shall conform to all standards required in subsection B of this section and BIMC 18.93.040, as well as any additional requirements placed by the hearing examiner after public comments are considered.

B. Commercial Zoning Districts. A child day care center is permitted in all commercial districts subject to site plan review using the following criteria in addition to BIMC 18.93.040:

1. Structure(s) shall meet building, sanitation, health, traffic safety and fire code requirements.

2. A minimum of one off-street parking space shall be provided for each on-shift employee plus one space per 12 persons served.

3. An on-site vehicle turn-around or separate entrance and exit points, and passenger loading area must be provided. The city shall specifically consider the location and appearance of the proposed turn-around or access in determining compatibility with surrounding uses.

4. A child day care center shall not be located within 300 feet of another day care center, except for any child day care center that is an accessory use in a community service facility, as described in subsection D.

5. Child day care centers shall conform to Chapters 18.78, general regulations, 18.81, parking and access requirements, and 18.84, open space and planting requirements.

C. Limitations of Use of a Family Residence. No child day care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family.

D. Accessory Use. A child day care center, if sited on the premises of an operating community service facility, such as a private or public school, place of worship, community center or library, and is associated with that activity, shall be considered accessory to the principal use of the property concerned. (Ord. 92-08 § 2, 1992)

18.93.040 Decision criteria.

All facilities providing child day care shall meet the following provisions:

A. Meet state child care licensing requirements;

B. Comply with all building, fire safety and health code requirements;

C. Conform to the lot size, building size, setback and lot coverage requirements of the underlying zones;

D. Provide an off-street drop-off/pick-up area;

E. File a child care registration form with the city as provided in BIMC 18.93.050, registration;

F. Comply with all business licensing requirements;

G. No structural or decorative alteration is permitted in a residential zone if that alteration changes the residential character of an existing residential structure or be incompatible with surrounding residences;

H. Day care services shall not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zones;

I. An on-site vehicle turn-around, or separate entrance and exit points, and passenger loading area must be developed according to plans approved by the city engineer;

J. No structured area for active play or play structures may be located in front setbacks in residential zones; and

K. The site must be landscaped in a manner compatible with adjacent residences in residential zone according to a plan approved by the department. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.93.050 Registration.

Each child care service provider must register with the city by filing a child care registration form as provided by the city prior to the initiation of use. The child care provider must demonstrate compliance with the applicable conditions of this title as listed on the registration form. No fee will be required for this registration. (Ord. 92-08 § 2, 1992)