This subtitle is intended to provide for child care conducted within a dwelling and carried on by its occupants. Although permitted by right in any residential district, in home day care must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. Small (1-6 children) family day care homes and Large (7-12 children) family day care homes are permitted in single family dwellings in all residential zones subject to the regulations of this title.

In home day care allowed by the provisions of this title shall be permitted by the City office staff, Planning Commission, recorder provided it complies with the following regulations:

1. In home day care shall be conducted entirely within a dwelling and its yards and shall be clearly incidental to the use of the structure as a dwelling.
2. There shall be no external alteration, for the benefit of the home occupation, of the dwelling in which a home occupation is conducted, and the existence of an in home day care shall not be apparent beyond the boundaries of the site.
3. Not more than two vehicle trips per child per day shall be created by patrons. Patron must park either in the driveway of the dwelling or in front of the dwelling only. Parking garages shall be maintained for parking purposes. A drop-off/pick-up area such as a driveway area or curb space shall be provided to minimize interference with traffic and promote the safety of children.
4. Fire safety items shall be required to be consistent with state and city standards.
5. All children shall be kept inside the home prior to 7:00 a.m.
6. All outdoor play areas shall be enclosed with a natural barrier, wall, fence or other solid structure having a minimum height of six feet and conforming to the requirements of 13.34.010 through 13.34.030.
7. All outdoor play areas shall be separated from vehicular circulation, parking areas, equipment enclosures, storage areas and refuse and recycling areas.
   

1. Application for an in home day care use permit shall be made to the City through the business license process. The City shall consent to issuance of a business license upon determining that the proposed home occupation meets all the requirements of this title.
2. A state license, through the Department of Social Services, is required whenever one is providing care for children of two unrelated families in addition to the operators own children.
   

All business licenses for in home day care shall continue in existence and shall be renewed on a year-to-year basis unless the City denies renewal in accordance with the provisions of this title.

When any home day care results in an undesirable condition interfering with the general welfare of the surrounding community, the City may initiate revocation of the business license pursuant to Milford City Code.

Any decision of the City may be appealed to the Board of Adjustment in the manner prescribed in 13.24.060.

13.11.010 through 13.11.060 - Rural Residential-5 (RR-5) 13.12.010 through 13.12.060 - Rural Residential-1 (RR1) 13.13.010 through 13.13.060 - Residential Low 13.14.010 through 13.14.070 - Residential Medium 13.15.010 through 13.15.060 - Multiple Residential 13.31.010 through 13.31.030 - Fencing and Walls