(A)   Certificate required. Prior to accepting children for care, a home based child care facility must secure a Certificate of Occupancy issued by the City Manager or his designee. A copy of the appropriate Texas Department of Protective and Regulatory Services certification (registration or license) must be attached to the request for the certificate of occupancy inspection. The applicable Minimum Standards, referenced above, and applicable, fire, safety, health, and building regulations and codes shall serve as a guideline in the decision whether to issue the certificate. Any variance allowed by the applicable Minimum Standards shall be accepted as a valid variance by the City Manager or his designee, in determining compliance with fire, safety, health, or sanitation requirements. The applicant for such certificates shall reside on the premises as his/her principal dwelling place.

   (B)   Fee. The administrative and inspection fee, as set by the City Council, must be tendered with the complete application. Should a home not pass inspection, it will receive a second inspection after 10 to 15 business days. Any further inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection or application is withdrawn.

   (C)   Revocation. The City Manager may revoke the Certificate of Occupancy if the person holding the Certificate refuses or fails to comply with requirements of:

      (1)   This chapter;

      (2)   Certificate of occupancy;

      (3)   Fire codes and regulations;

      (4)   Health and safety codes and regulations;

      (5)   Building codes and regulations; or

      (6)   Any law governing, or any standard pertaining to the operation of a home based child care facility.

   (D)   Appeal provision. If the City Manager denies the issuance of a Certificate of Occupancy or revokes a Certificate of Occupancy issued hereunder, the City Manager shall, the next business day after the action, send to the applicant or holder of the Certificate of Occupancy a certified letter (return receipt requested) giving notice of the denial or revocation, stating the reasons) therefore and the right to appeal. Further, the City Manager shall physically post a complete and legible copy of the notice to the front public door of the premises of the home based child care facility and shall document the time and date of this posting. The applicant or holder of the Certificate of Occupancy may appeal the denial or revocation of a Certificate of Occupancy to the City Council subject to the following:

      (1)   The appeal must be in writing and filed with the City Manager's office within ten business days after the posting of the written notice of denial, or revocation;

      (2)   The appeal must clearly set out the basis of such appeal;

      (3)   A hearing shall be scheduled for the next regular City Council meeting no earlier than ten business days after receipt of the appeal;

      (4)   The City Council shall formally act upon the appeal at the meeting. During the hearing, the Mayor or other presiding officer may receive any information which he or she deems to be relevant and material, but at a minimum shall hear the appealing party and the City Manager. If the decision of the City Manager is overturned, the Certificate of Occupancy shall be issued. If the decision of the City Manager is upheld, the applicant or permittee shall have the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the date of the decision of the City Council. The applicant or permittee shall bear the burden of proof in the Council hearing and in court as to all issues.

(Ord. 2001-36, passed 11-13-01)

   (A)   Home based child care facilities may be located in any residential area subject to the following:

      (1)   Maximum number of children in care in addition to the children residing at that address may not exceed:

      (2)   In no event shall the number of children in care exceed the state published staff-child ratio standards.

      (3)   A Certificate of Occupancy for the operation of a home based child care facility may not be issued to an applicant with an address on a lot or parcel within or less than a 200 foot radius from a property line of a lot on which an existing home based child care facility is located.

   (B)   Home based child care facilities shall comply with the following conditions:

      (1)   Hours of operation shall be not more than 20 consecutive hours in a 24-hour period. However, under extenuating circumstances (such as military orders or family medical emergency), a child(ren) may be retained in care for longer than the 20-hour period.

      (2)   A fence, not less than four feet in height, shall be placed around any outdoor play area. Outdoor play equipment shall not be placed in the front yard.

      (3)   A parking area shall be provided for off street loading and unloading of children on a concrete or paved surface. No loading or unloading of children on the street shall be allowed. The front yard shall not be utilized or converted into a paved parking lot.

      (4)   Staffing.

         (a)   No persons other than occupants of the premises shall be engaged in the operation of the home based child care facility.

         (b)   The preceding subsection (4)(a) does not preclude the home based child care provider from acquiring the services of an independent contractor to function as a substitute provider to be present in the occasional absence of the home based child care provider.

      (5)   Home-based child care facilities shall not involve the use of advertising signs or window displays on the premises or any other local advertising media which call attention to the fact that the home is being used for business purposes. A telephone number may be included in a directory listing or an advertisement; however; no business address may be published or advertised.

      (6)   The outside appearance of the residential dwelling shall not be altered from its residential character in any way. The front yard shall not be converted into a paved parking lot.

      (7)   The home based child care use shall not increase the number of vehicles parked on the premises by more than two additional vehicles at a time. All customer/client parking shall be off-street and in a paved area.

      (8)   The home based child care use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

(Ord. 2001-36, passed 11-13-01)

   (A)   A home based child care facility that was legally registered or licensed and permitted, as appropriate, on the date of passage of this chapter may continue to operate in that classification, in compliance with the Texas Department of Protective and Regulatory Services regulations and standards, by the current care giver at the current address. If the current home based childcare provider ceases to operate the facility for a period of 90 days (or longer) it is deemed an abandoned use, any reestablished facility must be in full compliance with this chapter.

   (B)   Currently registered and licensed child care facilities that do not possess a Certificate of Occupancy, shall have 30 days from the effective date of this chapter to make application for such certificates in order to qualify for protection under these preexisting provisions.

(Ord. 2001-36, passed 11-13-01)