The purpose of this section is to establish guidelines for the establishment and operation of home day care facilities in the city. It is intended that the operation of these activities be compatible with the integrity of the surrounding area by not creating adverse impacts such as additional traffic, or noise.

(Ord. No. 98-3487A, § 1, 1-25-99)

The goals of this section are:

(1)

To maintain the integrity of the city's residential neighborhoods.

(2)

To have strict and enforceable criteria for the establishment and operation of home day care facilities in residential neighborhoods in the city.

(Ord. No. 97-3419, § 1, 1-5-99)

Whenever used in this chapter, the definitions set forth in Chapter 7 of Title 38 of the Code of Alabama, 1975, are hereby adopted by reference, and made a part hereof as if fully set forth herein.

(1)

Usage. For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

a.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense.

b.

Words used in the plural number include the singular.

c.

The word "herein" means "in these regulations."

d.

The word "regulations" or "these regulations" mean "Chapter 25 of the Code of the City of Decatur, Alabama."

e.

The word "person" includes a corporation, a partnership, an incorporated association of persons such as a club, or any other legal entity.

f.

The word "shall" is always mandatory.

g.

The word "may" is discretionary.

h.

The words "building" or "structure" includes any part thereof.

i.

The words "used" or "occupied" as applied to any land or building shall be construed to include the word "intended, arranged, or designed to be used or occupied."

(2)

Terms defined.

Home day care facilities: A child care facility which is primarily a family home and which receives children for care. Such facility shall be licensed by the state.

a.

Day care home: A home day care facility which receives not more that six (6) children for care during the day (not after 7:00 p.m.).

b.

Nighttime home: A home day care facility which receives not more than six (6) children for care twenty-four (24) hours a day.

c.

Group day care home: A home day care facility which receives seven (7) to twelve (12) children for care during the day (not after 7:00 p.m.).

d.

Group nighttime home: A home day care facility which receives seven (7) to twelve (12) children for care twenty-four (24) hours a day.

(Ord. No. 97-3419, § 1, 1-5-99)

(a)

Home day care facilities shall be permitted in ID (institutional districts).

(b)

In R-1, R-2, R-3, and PRD (residential districts) zoning districts except for those listed districts which have the historic designation, day care homes, nighttime homes, and group day care homes between the hours of 2:00 p.m. and 7:00 p.m. may be permitted by the board of zoning adjustment as a use permitted on appeal.

(c)

In AG-1 and AG-2 (agricultural districts) zoning districts, day care homes, nighttime homes, and group day care homes may be permitted as a use permitted on appeal by the board of zoning adjustment.

(d)

Home day care facilities shall be prohibited in all other zoning districts including any designated historic districts.

(Ord. No. 97-3419, § 1, 1-5-99)

(a)

All day care homes and nighttime care homes for children shall be located in a single-family detached dwelling. Its use as a child care facility shall be clearly incidental to the use of the premises for dwelling purposes by the care giver and shall be carried on wholly within the main building, except for the play area.

(b)

Employment shall be limited to members of the family residing at the dwelling, with the exception of the substitute/alternate/assistant caregiver on record at the department of human resources.

(c)

No structural or decorative alterations shall be made or permitted that will alter the single-family character of an existing residential structure or be incompatible with surrounding residences.

(d)

No identification signs shall be permitted.

(e)

When exterior alterations or additions are made, lot size, setbacks, and all other aspects of the premises must conform to those applicable to the zoning district.

(f)

When located in a residential district, no child care facility shall be permitted to be located within five hundred (500) feet of another child care facility on the same side of the street or within three hundred (300) feet if on opposite side or different streets. This is to be measured from closest property boundary to closest property boundary.

(g)

All state, county, and city licensing requirements shall be met including those pertaining to building, fire, safety, and health codes.

(h)

Play area and play ground equipment is restricted to the rear or side yards only.

(i)

Any special exceptions or modifications obtained shall be nontransferable without prior approval of the board of zoning adjustment.

(j)

Outdoor play areas along common property lines with residential uses shall be enclosed with not less than a four-foot high fence or wall with locking gate.

(k)

If located on a major arterial (collector street or above as defined by the city master plan) an off street drop-off/pickup area must be provided.

(l)

That prior to operation of a home day care facility for children that a copy of the state license certifying that the department of human resources has granted approval of such facility prior to its beginning operation shall be presented to the revenue department and be placed on file. Therefore, any home day care facility permitted or permitted on appeal shall be only given conditional approval by the board of zoning adjustment until the above requirement is met.

(Ord. No. 97-3419, § 1, 1-5-99)

(a)

Use permitted on appeal. The granting of a use permitted on appeal to operate a home day care facility may be accomplished by submitting an application to the building director of the city on forms provided by him and providing such information as may be necessary for a determination that the request complies in all respects to the terms of this section.

(1)

Public hearing by the board of zoning adjustment. A use permitted on appeal to operate a home day care facility may be granted by the board of zoning adjustment after holding a public hearing during the regular board of zoning adjustment meeting. The board may approve, approve on condition or deny the request after the public hearing and their determination that the home day care facility conforms to this article.

(Ord. No. 97-3419, § 1, 1-5-99)

(a)

Any grant of a permit or approval for a home day care facility shall be deemed a privilege and requires the continual compliance with all rules, regulations and conditions applied to the permit or approval. At any time after the granting of same, the board may set a public hearing to revoke a previously granted permit or approval, upon being presented with evidence of potential violation of the previously granted permit or approval. The grantee of such permit or approval shall have not less than thirty (30) days notice of such public hearing.

(b)

No entity receiving a permit of approval for a home day care facility shall receive thereby any property right or other interest in such approval or permit.

(c)

Should a previously granted permit or approval be revoked, the permit holder shall be allowed one hundred twenty (120) days to close the home day care facility.

(Ord. No. 97-3419, § 1, 1-5-99)