Deer Park City Zoning Code
CHAPTER 18
82 DAY CARE FACILITIES REGULATIONS
§ 18.82.010 Purpose.
The city council finds that affordable, good quality, and licensed 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 day care facilities in a manner which simplifies the review and approval process while ensuring conformance with the surrounding land uses.
(Ord. 680 § 1, 1996)
§ 18.82.020 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:
A.
"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.
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.
"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. Day care facilities include family day care and commercial day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended.
C.
"Day care center"
provides for the care of nine 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 used exclusively for their care during the hours that the child day care center is operated.
D.
"Family day care"
means a day care home for the care of 12 or fewer children, including the children of the home, located in the family dwelling of the provider.
(Ord. 680 § 1, 1996)
§ 18.82.030 Family day care – Permitted when certain requirements met.
A.
Family Day Care. A family day care shall be a permitted use in DPMC § 18.20.020, § 18.23.020, § 18.24.020, § 18.27.020, § 18.28.020, § 18.56.020 and § 18.64.020 and shall be subject to the following requirements:
1.
Meet Washington State child day care licensing requirements.
2.
Comply with all building, fire safety, health code, and business licensing requirements.
3.
Lot size, building size, setbacks and lot coverage shall conform to the standards of the underlying zoning district except if the structure is a legal nonconforming structure.
4.
Parking requirements shall conform to Chapter 18.74 DPMC.
5.
Shall provide certification of the facility licenser (DSHS) that there are adequate child drop-off and pick-up areas.
6.
Signage, if any, will conform to Chapter 18.78 DPMC.
7.
Filing of a business registry application form with the city as required in DPMC § 5.02.030.
8.
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.
9.
The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Chapter 18.94 DPMC.
10.
The site must be landscaped in a manner compatible with adjacent residences.
11.
Provide written evidence that all adjacent property owners of the family day care have been notified of the proposed use and a 10-day comment period shall be established before any final action is taken on the proposal.
12.
The planning director or his/her designee may impose reasonable conditions on the approval of the family day care permit in order to ensure that the criteria of this chapter are met and that the facility is in harmony with the surrounding neighborhood.
(Ord. 680 § 1, 1996; Ord. 974 § 1, 2018)
§ 18.82.040 Commercial day care – Permitted when.
Commercial day care may be allowed in the designated zoning districts as follows:
A.
Commercial day care facilities within residential zoning districts under DPMC § 18.20.020, § 18.23.020, § 18.24.020, § 18.27.020, § 18.28.020, § 18.56.020 and § 18.64.020 may be allowed only upon issuance of a conditional use permit and when accessory to an existing school or church pursuant to Chapter 18.80 DPMC. Commercial day cares located within commercial/commercial diversified/light industrial zoning districts under DPMC § 18.32.020, § 18.40.020 and § 18.48.020 will be subject to a conditional use permit.
1.
Conditional Use Permit Requirements. In addition to the requirements of Chapter 18.80 DPMC, commercial day cares in residential zoning districts shall meet the following requirements:
a.
Meet Washington State child day care licensing requirements.
b.
Comply with all building, fire safety, health code, and business license requirements.
c.
Lot size, building size, setbacks and lot coverage shall conform to the standards of the underlying zoning district except if the structure is a legal nonconforming structure.
d.
Parking requirements shall conform to Chapter 18.74 DPMC.
e.
Shall provide certification of the facility licenser (DSHS) that there are adequate drop-off and pick-up areas.
f.
Signage, if any, will conform to Chapter 18.78 DPMC.
g.
Filing of a business registry application form with the city as required in DPMC § 5.02.030.
h.
No structural or decorative alteration which will alter the character of the existing structure used for a commercial day care center is permitted. Any new or remodeled structure must be designed to be compatible with the character of the surrounding neighborhood.
i.
The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Chapter 18.94 DPMC.
j.
The site must be landscaped in a manner compatible with adjacent residences.
B.
All Other Zoning Districts. A commercial day care center is permitted by right in all commercial and industrial zoned districts subject to the following requirements:
1.
Meet Washington State child day care licensing requirements.
2.
Comply with all building, fire safety, traffic safety, health code and business licensing requirements.
3.
Lot size, building size, setbacks and lot coverage shall conform to the standards of the underlying zone.
4.
Parking requirements shall conform to Chapter 18.74 DPMC.
5.
Filing a business registry application form with the city as required in DPMC § 5.02.030.
6.
The licensee shall provide a securely fenced play area which meets the height requirements for front, side and rear yards according to Chapter 18.94 DPMC.
(Ord. 680 § 1, 1996; Ord. 974 § 1, 2018)
§ 18.82.050 Registration required.
Each day care service provider must file for zoning approval with the planning director of the city and must register with the city clerk's office by completing the application forms provided by that office prior to initiation of the use. Upon approval, the day care provider must be able to demonstrate compliance with the applicable conditions of this chapter.
(Ord. 680 § 1, 1996)
§ 18.82.060 Appeals.
Any appeal of a decision of the planning director made pursuant to the provisions of this chapter shall be considered an appeal of an administrative land use decision and shall be made by the applicant or another party with standing as defined under the State Land Use Petition Act, Chapter 36.70C RCW. Any appeal shall be made within the time frame following the notice of decision as set forth in the State Land Use Petition Act, Chapter 36.70C RCW.
(Ord. 974 § 1, 2018)
