HomeMy WebLinkAbout2446 Family Daycare Providers and Child Day Care CentersORDINANCE NO. o9 ~'/'~
AN ORDINANCE AMENDING CHAPTER 17.32 OF THE PORT
TOWNSEND MUNICIPAL CODE AS IT. RELATES TO FAMILY
DAY CARE PROVIDERS AND CHILD DAY CARE CENTERS
WHEREAS, the current language of the Port Townsend Municipal Code provides for
zoning definitions and regulatory parameters for day cares; and,
WHEREAS, pursuant to Chapter 273, Laws of 1994, State legislation preempted
siting and land use regulation regarding family day cares, defined as facilities providing in-
home care for twelve or fewer children, licensed by the State to provide day care facilities;
and,
WHEREAS, because the current definition and regulation of a family day care home
could involve that day care business which the State legislature intended to preempt, it is
appropriate that the Port Townsend Municipal Code be amended to differentiate and provide
for recognition of that preemption;
WHEREAS, the City Council finds that it promotes the health, safety and welfare of
the citizens of Port Townsend to make child day care centers a conditional use in all zoning
districts,
NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 17.32 of the Port Townsend Municipal Code is hereby
amended to read as follows:
17.32.010 Purpose.
The city council finds that affordable, good quality, and licensed child day care within the
city 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 chapter to facilitate the siting of licensed
child day care facilities in the city in a manner which simplifies the review and approval
process while ensuring conformance with the surrounding land uses. (Ord. 2299 § 2, 1992).
17.32.020 Definitions.
For the purpose of this chapter unless otherwise apparent from the context, certain words and
phrases used in this chapter are defined as follows:
{DAY CARE ORD.} 1
A. "Child day care" means the provision of supplemental parental care and
supervision:
1. For a nonrelated child or children;
2. On a regular basis;
3. For less than 24 hours a day; and
4. Under license by the Washington State Department of Social and Health
Services ("DSHS').
As used in this chapter, the term is not intended to include babysitting services of a casual,
nonrecurring 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.
B. "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 cf
carc ccntcra and child day care centers regulated by the Washington State Department of
Social and Health Services, as presently defined and hereafter amended (Chapter 74.15
RCW, WAC 388-gg-4~155 and 388-150).
C "Child dCay care center .......
a facility providing regularly scheduled care for a group of thirteen or more children, for
periods less than 24 hours. Such a facility may be located in a private family residence
when the portion of the residence accessible to the children is (a) used exclusively for the
children during the center's operating hours or while the children are in care or (b) is
separate from the family living quarters.
D__ "Family day care home" means a licensed child day care facility located in the
family abode of the person or persons under whose direct care and supervision the child is
placed, for the care of twelve or fewer children, including children who reside in the home.
E__,. "Family abode" means a single dwelling unit and accessory buildings occupied
for living purposes by a family which provides permanent provisions for living, sleeping.
eating, cooking, and sanitation. "Family residence" means the same as "family abode."
{DAY CARE ORD.} 2
F_ "Premises" means the building where the center is located and the adjoining
grounds over which the operator of the facility has direct control.
DG__. "Preschool" means a nonresidential teacher-instructed, curriculum-based
educational program of under four hours daily duration. Preschools have no state licensing
procedure. For the purposes of this chapter, preschools shall be considered equivalent to a
"mini day care. ccntcr" c,r "day care center" a .... .~-~ ^-
-,,.v ........... regardless of the number of
children served, except for the state licensing requirement.
(Ord. ~44r6'§ 1, 1995; Ord. 2299 § 2, 1992).
17.32.030 Family day care homes.
A. A family day care home shall be permitted by fight in all ~ residential and
commercialu,~,~L~'~:-"';~-. · .... :~': ..... :'~ ........... , .,,~.~.A ~ ..... .~: ..... :.~: ...........
~ '~; .... *: .... ~ '~' ~ bj For the pu~oses of this
chapter, the city's regulato~ role for hmily day care homes sh~l be limited to the
follOwing:
Family day care homes shall:
1. Apply for a city business license and obtain a license concurrently with
DSHS pp al lice si g '~'"~ ~' .... ~' ..... ,~.,^ A,.:~.~ a ....... ,: .... :-~
a roy and state n n ............................... o..,,. ; .............~
2. Thc homc s?Al Comply with all building, fire safety, health code and
business licensing requirements;
3. Conform to IL--ot size, building size, setbacks and lot coverage aMll cc, nfo, m.
to t~c standards applicable to of the zoning district in which the facility is located except if
the structure is a legal nonconforming structure;
4. Be certified by the State Department of Licensing (DSHS) as providing a
safe passenger loading area,, provided that DSHS has a procedure for providing such
certification '~'~' bc .....
5. Include 8signage, if any, a?~l that conforms to Chapter 17.50 PTMC;
:/6. Limit hours of operation to facilitate neighborhood compatibility, while at
the same time providing appropriate opportunity for person(s) who use family day care and
hift;
who work a nonstandard work s
fDAY CARE ORD..} 3
67. The operator of the home shall file a child day care registration form with
the city as provided for in PTMC 17.32.060;
8_ Provide to the building and community development department, written
proof of notification to immediately adjoining neighbors informing them of the intent to
locate and maintain such a facility. This proof must be provided prior to State licensing.
a dispute arises between the neighbors and the family day care provider over licensing
requirements, under state law DSHS may provide a forum to resolve the dispute. (RCW
35.63.185.)
If
(Ord. ~{ ~ 1, 1995; Ord. 2313 5 1, 1992; Ord. 2299 5 2, 1992).
{DAY CARE ORD.} 4
17.32.050 Child day care centers.
A child day care center, as defined by state law, may be allowed
......... as follows:
A. All Zoning Districts._ ,, ~> ,,T ^,, R I, R ,,T' ,,~,,,~-'~ R m,,,. A child day care center may be
allowed in these all zoning districts only upon issuance of a conditional use permit pursuant
to Chapter 17.64 PTMC.
1. Conditional Use Permit Requirements.
a. The child day care center shall meet state child day care licensing
requirements.
b. The child day care center shall comply with all building, fire safety,
health code and business licensing requirements.
c. Lot size, building size, setbacks and lot coverage shall conform to
those applicable to the zoning district.
d. Signage, if any, shall conform to the requirements for the applicable
zoning district
e. The operator of the child day care center shall file a child day care
registration form with the city as provided for in PTMC 17.32.060.
f. Parking requirements shall conform to Chapter 17.30 PTMC.
g. A fence at least four feet high must be installed around the play
yard.
h. The site must be landscaped in a manner compatible with adjacent
residences.
i. 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 remodeled structure must be designed to be compatible with the residential
character of the surrounding neighborhood.
j. The child day care center shall not be located within 300 feet of
another child day care center or
............... : .... not located in the residence of the
{DAY CARE ORD.} 5
care provider, excluding any child day care center which is an accessory use pursuant to
subsection D B of this section.
k. In the director's evaluation he or she shall consider:
i. 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 set out in
Chapter 12.04 PTMC;
standards.
iii. Conformance of the subject streets with emergency vehicle access
iv. The conditional use standards and criteria set forth in PTMC 17.64.
dlatricts -'"-: ...... t.^ ~,^. .... : ....... : ........
DB. 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.
C._ For the purposes of this section, any child day care center in operation in a
zoning district other than R-IA, R-I, R-II or R-III, which was permitted as a matter of right
prior to the February 1995 amendments to this section may continue as a pre-existing use.
{DAY CARE ORD.} 6
(Ord. cQ4~/6§ 1, 1995; Ord. 2299 § 2, 1992).
17.32.060 Registration.
Each child care service provider must register with the city building and community
development planning department by completing a child day care registration form as
provided by the department prior to the initiation of the use. Upon registration, the child day
care provider must be able to demonstrate compliance with the applicable conditions of this
chapter. (Ord. 2299 § 2, 1992).
17.32.070 Conflicting provisions.
In the event of conflict between this chapter and any ordinance or zoning provision for the
city, the provisions of this chapter shall prevail. (Ord. 2299 § 2, 1992).
Section 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
Effective Date. This ordinance shall take effect and be in force five days after the
date of its publication in the manner provided by law.
Read for the first, second and third times and passed by the City Cowu~cil of the City
of Port Townsend, Washington, at a regular meeJ, i~eof, held this _~>-r~i:lay of
~'-~'-J' ~fu4~£ ~r , 1995.
T ot~~ iV~cMa~an, City Attorney
01/31/94CA § { Ord\daycare. doc}
ohn
M. Clise, Mayor
{DAY CARE ORD.} 7