A.   This chapter is intended to address a need for supplemental care for less than twenty four (24) hours and to increase the quantity and accessibility of daycare for dependent populations, including children, the elderly and the handicapped, throughout all areas of the city.

   B.   Affordable, quality licensed supplemental care, including childcare within the city, affects the well being of parents and children and the economic productivity of the workplace.

   C.   Affordable, quality licensed supplemental care, including eldercare and care for the handicapped, also affects the well being of the recipients and other family members, and their economic productivity in the workplace.

   D.   It is the purpose of this chapter to promote the health, safety and general welfare of the recipients of supplemental care; to encourage the use of underutilized buildings and properties; to promote the establishment of licensed supplemental care facilities on employment sites; and to facilitate the establishment of supplemental care facilities while maintaining the compatibility with existing development and retaining the character of the neighboring area. (Ord. 2629, 1-27-1992)

   E.   Before and after school care for school age children is considered to be a continuation of the school day and is not considered to be daycare for purposes of this chapter, and does not require a conditional use permit. (Ord. 2653, 12-7-1992)

For purposes of this chapter, the following definitions are applicable:

 

 

Development standards, prior to locating daycare homes and daycare centers in churches and schools in all zoning districts by right, are as follows:

   A.   Daycare homes (up to fifteen (15) persons) and daycare centers (16 or more persons) shall comply with all of the following development standards (subsections B1 through B7 of this section) to be permitted by right in churches and schools in any zoning district. New construction or expansion of churches and schools that may include daycare homes or daycare centers shall comply with all applicable zoning requirements of that district.

   B.   Any daycare home or daycare center located within a church or school that does not comply with all of the following development standards (subsections B1 through B7 of this section) shall be required to obtain a conditional use permit, including the payment of applicable fees. However, a CUP shall not be issued for daycare homes or daycare centers that do not comply with life/safety development standards such as the uniform building code and uniform fire code requirements.

      1.   Compliance with all registration and/or licensing requirements of the State of Montana;

      2.   All daycare facilities shall comply with the child indoor/outdoor space requirements as specified by the state;

      3.   Five foot (5') high fencing shall be installed around the outdoor play area (if provided on site). Screening shall be installed around the outdoor play area to provide a noise buffer when abutting a residential use;

      4.   Conformance with the uniform fire code and uniform building code requirements, including, but not limited to, required exits, smoke alarms and fire extinguishers;

      5.   Well lighted building entrances to provide greater safety for the daycare clients in the early morning and evening hours during the winter. Lighting shall not be directed or reflected upon any adjacent property;

      6.   All improvements shall be installed or be financially guaranteed in accordance with the provisions of subsection 11-21-3G of this title prior to issuance of an occupancy permit:

         a.   Screening and fencing for the outdoor play area (if applicable);

         b.   Uniform fire code and uniform building code requirements, including required exits, smoke alarms and fire extinguishers; and

         c.   On site paved parking spaces and client drop off/pick up area.

      7.   The care provider shall obtain a city business license and an occupancy permit prior to operation. (Ord. 2856, 10-19-1998; amd. Ord. 2629, 1-27-1992; Ord. 3305, 11-21-2022)