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HomeMy WebLinkAbout2299 Land Use Regulations and Permit System for Child Daycare FacilitiesORDINANCE NO. 2299 AN ORDINANCE CREATING A NEW CHAPTER 17.32 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING TO THE ESTABLISHMENT AND OPERATION OF CHILD DAY CARE FACILITIES; ESTABLISHING LAND USE REGULATIONS AND A PERMIT SYSTEM THEREFORE; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: SECTION 1. Summary This ordinance provides that: family day care homes are an outright permitted use in all residential zoning districts. Family day care homes conducted within an existing accessory building may be permitted through an administrative review process if found compatible with surrounding uses; mini-day care centers (located outside the home of the provider) may be allowed by administrative review, in residential zoning districts, and are a permitted use in other zones; e larger child day centers are allowed to locate in residential zoning districts with a conditional use permit. SECTION 2. The Port Townsend Municipal Code is hereby amended to add a new Chapter 17.32 to read as follows: 1 Chapter.17,3~ mAY CAREFACILITIES Sections: 17.32.010 Purpose. 17.32.020 Definitions. 17.32.030 Family Day Care Homes. 17.32.040 Child Mini-Day Care Centers. 17.32.050 Child Day Care Centers. 17.32.060 Registration. 17.32.070 Conflicting Provisions. ~7.32.0t0 purpose,. The city Council finds that affordable, good quality, and licensed child day care within the City of Port Townsend is critical to the well-being of parents and children in the community and is a needed community service° Further, it is the purpose of this ordinance to facilitate the siting of licensed child day care facilities in the city of Port Townsend in a manner which simplifies the review and approval process while ensuring conformance with the surrounding land uses. 1~,32.020 Definitions., For the purpose of this ordinance, unless otherwise apparent from the context, certain words and Phrases used in this ordinance are defined as follows: ae "Child Day Care" means the provision of supplemental parental care and supervision 2. 3. 4. for a non-related child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Social and Health Services. Department of As used in this ordinance, the term is not intended to include babysitting services of a casual, non-recurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes. "Child Day Care Facility" means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day care facilities include family day care homes, out-of-home child mini- day care centers, and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended. (RCW 74.15, WAC 388-73- 422). De "Day Care Facility" means an agency regularly providing care for a group of children for periods of less than 24 hours. It includes the following subcategories: "Family Day Care Home" means a day care home for the care of 10 or fewer children, located in the family dwelling of the provider. "Mini-day Care Center" means a day care facility for the care of 12 or fewer children in a facility other than the family dwelling of the person(s) providing the care. "Day Care Center" provides for the care of 13 or more children. If located in a private family residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be exclusively used for their care during the hours that the child day care is operating. "Pre-school" means a non-residential, teacher instructed, curriculum-based educational program of under 4 hours daily duration. Pre-schools have no State licensing procedure. For the purposes of this ordinance, pre-schools shall be considered equivalent to "Mini-day Care Center" or "Day Care Center" dependent on the number of children served. 17,32.030 Family Day Care HOmes., A family day care home shall be permitted by right in all zoning districts permitting residences, except where located in an existing accessory building which shall require administrative review and approval as provided in paragraph B below, and shall be subject to the following requirements: The home shall meet Washington State child day care licensing requirements; The home shall comply with all building, fire safety, health code, and business licensing requirements; Lot size, building size, setbacks, and lot coverage shall conform to the standards of the zoning district in which the facility is located except if the structure is a legal nonconforming structure; 4. A safe passenger loading area shall be provided; 3 5. Signage, if any, shall conform to Section 17.50 of the Port Townsend Municipal Code (PTMC); 6. The operator of the home shall file a child day care registration form with the City as provided for in Section 17.32.060 of this Chapter; 7. No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences is permitted. A family day care home may be permitted to be located in an existing accessory building if it conforms with all of the requirements of paragraph A above and receives an administrative review and approval under the process specified below: i. Notics, Notice of the proposal shall be given as provided below: ao Notices shall be posted on site and in two (2) other conspicuous locations in the vicinity of the site at least ten (10) calendar days prior to final action on the application; b. The notice shall include a description of the proposal, site location, deadline for submitting written comments, and the address and phone number of the Planning Department of the City of Port Townsend. 2. Administrative Review Requirements. The Planning Director shall review applications for family day care homes located in existing accessory buildings in R-IA, R-I, R-II and R-III zoning districts and may approve, modify, or deny the application subject to the following provisions: a. The proposed use must be compatible with the surrounding uses; b. In the Director's evaluation s/he shall consider: Current traffic volumes of the subject streets and the capacity of the existing road network ii. Conformance of the subject streets with City Street Standards (Section 12.04 PTMC); iii. Conformance of the subject streets with emergency vehicle access standards 4 c. The site must be landscaped in a manner compatible with adjacent residences; d. If the Planning Director, in reviewing the application or comments received, identifies sufficient issues regarding compatibility of the use with surrounding development a public hearing may be called to receive testimony after publication and posting of a notice of public hearing on the site at least ten days prior to such hearing; e. The Planning Director may grant, deny or grant the permit with conditions reasonably necessary to reduce conflicts between the family day care facility and the surrounding neighborhood. The conditions may provide for, but shall not be limited to, noise attenuation, special parking needs and, hours of operation. f. An appeal of the administrative decision of the Director may be filed by an aggrieved party under the procedures for administrative appeals contained in Chapter 1.14 of the Port Townsend Municipal Code. 17.32.040 Child Mini-Day Care Centers~ ae Child Mini-Day Care Center (not located in the residence of the care providerS. A child mini-day care center not located in the residence of the care provider is allowed in the designated zoning districts as follows: .Zoning Districts (R-IA, R-I, R-II, and R-III]. A child mini-day care center not located in the residence of the care provider may be permitted by Administrative Review. Notice. Notice of the proposal shall be given as provided below: 1) Notices shall be posted on site and in two (2) other conspicuous locations in the vicinity of the site at least ten (10) calendar days prior to final action on the application; 2) The notice shall include a description of the proposal, site location, deadline for submitting written comments, and the address and phone number of the Planning Department of the City of Port Townsend. Administrative Review R~quirements. The Planning Director shall review applications for a mini-day care center not located in the residence of the care provider in R-IA, R-I, R-II, and R-III zoning districts and may approve, modify, or deny the application subject to the following requirements: 1) The mini-day care center shall meet Washington State child care licensing requirements; 2) The mini-day care center shall comply with all building, fire safety, health code, and business licensing requirements; 3) Signage, if any, shall conform to the requirements of Section 17.50 of the Port Townsend Municipal Code); The operator of the mini-day care center shall file a child day care registration form with the city as provided for in Section 17.32.060 7 of this Chapter; 5) Parking requirements shall conform to Section 17.30 of the Port Townsend Municipal Code; 6) The site must be landscaped in a manner compatible with adjacent residences; 7) No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child mini-day care center shall be permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood; 8) The child mini-day care center shall not be located within 300 feet of another child mini- day care center not located in the residence of the care provider or of another child day care center. Any child day care center which is an accessory use pursuant to Section 17.32.050D of this Chapter shall be excluded from these dispersion requirements; 9) The Planning Director may attach reasonable conditions to the permit in order to reduce conflicts between the child mini-day care center and the surrounding neighborhood~ such as, but not limited to, requirements for noise attenuation, special parking needs, and 6 limitations regarding hours of operation; 10) If the Planning Director finds, after review of the application and any comments received, that there is sufficient reason to be concerned regarding the compatibility of the child mini-day care center that a public hearing would be beneficial in making a final determination regarding a permit application, final review of the application shall be conducted through the Conditional Use Permit process and shall be subject to the requirements of Section 17.32.050A(1) of this Chapter and Chapter 17.64 of the Port Townsend Municipal Code; The process used to appeal an Administrative Review decision is contained in Chapter 1.14 of the Port Townsend Municipal Code (appeal of administrative decisions). 2. Ail Other Zoning Districts. A child mini-day care center not located in the residence of the care provider is permitted by right in all other zoning districts provided the requirements set forth in parts bCl) through b(7) of this Chapter are met. ~7,32.050. Child Day Care Centers. A child day care center, as defined by state law, may be allowed in designated zoning districts as follows: ae Zoning Districts (R-IA, R-I, R-II, and R-III). A child day care center may be allowed in these zoning districts only upon issuance of a conditional use permit pursuant to Section 17.64 of the Port Townsend Municipal Code. 1. Conditional.Use Permit Requirements. The child day care center shall meet Washington State child day care licensing requirements; The child day care center shall comply with all building, fire safety, health code, and business licensing requirements; Ce Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zoning district; Be Signage, if any, shall conform to the requirements for the applicable zoning district; Se The operator of the child day care center shall file a child day care registration form with the City as provided for in Section 17.32.060 of this Chapter; fe Parking requirements shall conform to Section 17.30 of the Port Townsend Municipal Code; A fence at least (4) feet high must be installed around the play yard; The site must be landscaped in a manner compatible with adjacent residences; No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child day care center is permitted. Any new or remodelled structure must be designed to be compatible with the residential character of the surrounding neighborhood. The child day care center shall not be located within 300 feet of another child day care center or child mini-day care center not located in the residence of the care provider, excluding any child day care center which is an accessory use pursuant to Section 17.32.050D of this Chapter. Re In the Directors evaluation he shall consider: Current traffic volumes of the subject streets and the capacity of the existing road network ii. Conformance of the subject streets with city Street Standards (Section 12.04 PTMC); iii Conformance of the subject streets with emergency vehicle access standards AI~. Other Zoning Districts. A child day care center is permitted by right in all other zoning districts subject to the following requirements: The child day care center shall meet Washington State child day care licensing requirements; The child day care center shall comply with all building, fire safety, traffic safety, health code, and business licensing requirements; Setbacks, screening, landscaping, lot size, building size, and lot coverage shall conform to the pertinent portions of the zoning code; e Parking requirements shall conform to Section 17.30 of the Port Townsend Municipal Code; The operator of a child day care center shall file a child day care registration form with the city as provided for in Section 17.32.060 of this Chapter. Limitations in USe of a Family Residence.. No child day care center shall be located in a private family residence unless the portion of the residence to which 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. ACcessory Use. A child day care center, if sited on the premises of an operating community service facility Shall be considered accessory to the principal use of the property concerned. 17.32.060 Registration. Each child day care service provider must register with the City Planning Department by completing a child day care registration for as provided by the department prior to initiation of the use. Upon registration, the child day care provider must be able to demonstrate compliance with the applicable conditions of this ordinance. 17.32.070 Conflicting Provisions.,.. In the event of conflict between this ordinance and any other ordinance or zoning provision for the City of Port Townsend, the provisions of this ordinance shall prevail. 9 SECTION 3. Effective Date This ordinance shall take effect and be in force five days (5) days after the date of its publication in the manner provided by law. PASSED by the Council of Washington, at a regular meeting this 18 day of May, 1992. the City of Port Townsendf APPROVED by the Mayor Attest: David A. Grove, Clerk/Treasurer Dennis McLerran, city Attorney Clise, Mayor 10