(a)

Day care center. Any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care, for fewer than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age, and which is required to be licensed or commissioned by the State of Georgia department regulating the use of day care centers.

(b)

Day care home, family. A private residence operated by any person who receives therein for pay for supervision and care, fewer than 24 hours per day, without transfer of legal custody, a maximum of six children to include any children considered normal residents of said dwelling, under 18 years of age.

(c)

Day care home, group. Any place operated by any person(s), partnership, association or corporation wherein are received for pay for group care not less than seven nor more than 18 children under 18 years of age for less than 24 hours per day without transfer of legal custody and which is required to be licensed or commissioned by the State of Georgia department regulating the use of group day care homes.

(d)

Nursing home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants but not including a hospital or mental health center.

(e)

Personal care home. A facility intended to provide living quarters and limited services for individuals who require social, medical, and/or mental health services in a community-based residential setting. Homes must be operated under a program authorized or directed by the State of Georgia department regulating personal care homes.

(1)

Personal care home, family. A group home serving six or fewer residents (including any live-in or overnight staff), and located in a building that closely resembles a single-family dwelling.

(2)

Personal care home, group. A group home serving fewer than 15 residents (including any live-in or overnight staff), and located in a building that may resemble a multifamily dwelling structure.

(Res. No. 24-10, att., 9-19-2023)

Cross reference— Definitions generally, § 62-5.

(a)

Day care center; day care home, group; nursing homes; personal care home, family; personal care home, group. All of the above are allowed only in commercial zones 1, 2 and 3.

(b)

Day care home, family may be allowed in all zones, provided the applicant has complied with section 62-603(a), (b) and (c).

(Res. No. 24-10, att., 9-19-2023)

(a)

Any applicant for a day care center, day care home, group; nursing home or personal care home shall submit an application to the planning commission for approval of that commission and the city council, setting forth a location and intended use of the site, names of all property owners and existing land uses within 300 feet, and any other material or information pertinent to the applicant's request which the planning commission may require.

(b)

All applicants, including family day care home applicants, shall file a copy of their certificate of registration or state license with the city clerk prior to obtaining a business license, or otherwise beginning operation of their home or center.

(c)

All day care center; day care home, family; day care home, group; nursing homes; personal care home, family and group homes must meet and comply with all state rules and regulations, according to the State Department of Human Resources, Chapters 290-2-1, 290-2-2, and 290-2-3 and all state and local fire codes.

(d)

Before approving any application or request, the planning commission and city council shall be satisfied that the following standards have been met:

(1)

The intended use shall create no unsafe conditions for picking up or dropping off children or adults.

(2)

The outdoor area or play area shall be enclosed with a wall or fence at least four feet high.

(3)

All day care homes, family shall have a minimum of 35 square feet per child of usable space within the building/home.

(4)

The use does not adversely affect neighborhood public health, safety, welfare, morals, order, comfort, appearance, convenience, prosperity, value or general welfare.

(Res. No. 24-10, att., 9-19-2023)

Day care centers/homes/group and personal care homes shall cover registration expenses incurred as set by the mayor and council.

(Res. No. 24-10, att., 9-19-2023)