Middletown City Zoning Code
ARTICLE 17A
COMMUNITY RESIDENCES AND FAMILY DAY CARE HOMES
§ 17A00 PURPOSE.
The purpose of this subchapter is to regulate family day care homes to the maximum extent allowed by state law, in order that residents, particularly those living in the immediate vicinity of a proposed family day care home, have advance notice and adequate opportunity to present to the Zoning Board of Review arguments for or against the establishment of such a facility. The purpose is not to exclude family day care homes from any district, but to regulate their placement for the health, safety, and general welfare of all residents, including those in the facility.
(Ord. 07-18, As Amended, passed 12-3-07)
§ 17A01 REQUIREMENTS.
(A) No building shall be used as a family day care home until the Zoning Board of Review has granted a special use permit under Article 9 and all requirements of this subchapter are satisfied.
(B) An application for a family day care home may not be denied based solely on the nature of the facility or its residents or on the impact of the facility on property values in the area.
(C) An application for a family day care home may be denied if the Board of Review finds that, because of its proposed location or other factors external to the facility, it is likely to have a substantial adverse effect on the peace and quiet enjoyment of other residents in the neighborhood.
(D) The following factors are particularly relevant and shall be addressed by the Board of Review in deciding an application for a family day care home, in addition to relevant factors in § 902 that are consistent with this section:
(1) Parking and traffic conditions on adjacent roadways;
(2) The proximity of residential care and assisted living facilities and senior independent living facilities;
(3) The proximity of hospitals, schools (including nursery schools), and churches.
(Ord. 07-18, As Amended, passed 12-3-07; Am. Ord. 2025-9, passed 2-18-25)