Chapter 20.19
HOME DAY CARE
Sections:
20.19.000 Purpose.
20.19.010 Conditional use permit required.
20.19.020 Criteria.
20.19.030 Permit.
20.19.040 Review hearings.
20.19.050 Appeal.
20.19.000 Purpose.
The purpose of this chapter is to permit residents to operate either a family day care or mini day-care facility at their home, subject to the requirements of this chapter. Nothing herein shall be interpreted to require a permit for family home day-care facilities which are outright permitted uses in any zone, however, such outright permitted home day-care facility shall comply with the provisions of ECDC 20.19.020 in the course of their operation. [Ord. 2673 § 3, 1988].
20.19.010 Conditional use permit required.
When a conditional use permit is required by the provisions of ECDC Title 16 relating to the zoning districts, conditional use permit applications for operation of a mini day-care shall be processed as a Type II decision (Staff decision – Notice required) utilizing the criteria set forth in this chapter. In addition to the specific criteria set forth herein, the staff and hearing examiner on appeal shall also review the application under the criteria and required findings set forth in Chapter 20.05 ECDC relating to conditional use permits in order to establish that the proposed facility is not deleterious to the immediately surrounding neighborhood nor constitutes a public nuisance. The director of community services or designee, or the hearing examiner on appeal, may impose reasonable conditions on the approval of the conditional use permit for mini day-care facilities in order to ensure that the criteria of ECDC 20.19.020 are met and that the facility is in harmony with the surrounding neighborhood. The hearing examiner’s decision on appeal shall be final. [Ord. 3783 § 8, 2010; Ord. 3775 § 8, 2010; Ord. 3736 § 50, 2009; Ord. 3112 § 10, 1996; Ord. 2673 § 3, 1988].
20.19.020 Criteria.
A. State Licensing. The applicant must obtain any and all required state licenses and comply with all state licensing requirements.
B. Outdoor Play Times. Outdoor play times shall not be scheduled before 9:00 a.m. or after 8:00 p.m. Care should be taken to minimize noise impacts on adjacent residences.
C. Fenced Play Area. A completely fenced play area is required. No play area shall be allowed in the street setback.
D. Parking. Two on-street or off-street parking spaces shall be provided for a family day-care operation. On-street parking spaces must be reasonably accessible to the applicant’s residence and available for public use under city ordinance.
A minimum of three on-street or off-street parking spaces shall be provided with a mini day-care operation. On-street parking spaces must be reasonably accessible to the applicant’s residence and available for public use under city ordinance.
E. Location and Limitation. No mini day-care center located within a residential zone shall be located closer than 300 feet to any other day-care operation of any kind or nature, or any preschool; provided that this limitation shall not apply to any public school facility operated by the Edmonds or other school district. [Ord. 2673 § 3, 1988].
20.19.030 Permit.
A conditional use permit for a mini day-care facility is personal to the applicant and shall not be transferred or otherwise assigned to any other person or entity, nor may the permit be transferred to any site other than the site described in the application. Nothing herein shall relieve the applicant of the obligation to obtain any and all licenses required under the provisions of state and federal law. [Ord. 2673 § 3, 1988].
20.19.040 Review hearings.
At any time at least six months after the granting of a conditional use permit, as provided herein, residents of the neighborhood may initiate a request before the hearing examiner to consider the revocation or modification of the permit, if they consider the facility to be deleterious to the neighborhood or to create a public nuisance.
The complaint action shall be initiated by a petition, signed by not less than five residents within 300 feet of the subject property or 50 percent of the residents within 300 feet of the subject property whichever is the less, no two of whom may be residents of the same household. The petition shall state in detail the condition or conditions which the complainants allege cause the facility to be deleterious to the neighborhood or to create a public nuisance.
After a public hearing on the complaint, the hearing examiner shall make findings as to the existence of any deleterious impact or public nuisance created or enhanced by the permittee. If the hearing examiner finds that the permittee failed to comply with prior imposed conditions or has created or enhanced a deleterious impact or public nuisance and that the impact or nuisance cannot be mitigated, the hearing examiner shall revoke the conditional use permit. If the hearing examiner finds that the deleterious impact or public nuisance can be mitigated, additional or differing conditions may be imposed. If the hearing examiner imposes additional conditions to mitigate any adverse neighborhood impacts, a specific date shall be set to consider whether the applicant has met the additional conditions. Failure to meet such conditions shall be grounds for revoking this permit. [Ord. 2673 § 3, 1988].
20.19.050 Appeal.
Appeals may be taken from staff decision to the hearing examiner under the provisions of Chapter 20.06 ECDC. An appellant may challenge the imposition of conditions or may elect to challenge a later determination as to whether those conditions have been met. The hearing examiner’s decision on appeal shall be final. [Ord. 3783 § 9, 2010; Ord. 3775 § 9, 2010; Ord. 3736 § 51, 2009; Ord. 2458, 1984].