In addition to the provisions of 17.58.010 applying, the following regulations shall apply to each group daycare facility which is in a residential dwelling:

1. Each daycare facility shall obtain a state license as required by Chapter 11, Title 39, Idaho Code.
2. The group daycare facility shall comply with all laws, regulations, and licensing required by Chapter 11, Title 39, Idaho Code, as amended. However, if said rules or regulations as contained in Chapter 11, Title 39, Idaho Code are less restrictive than those contained within the ordinance codified in this chapter, this chapter shall prevail.
3. No group daycare facility shall have more than twelve (12) children (including the provider’s children) at the home of the group daycare provider at any one time.
4. The group daycare facility shall be operated by the residents of the dwelling where the group daycare facility is located and said group daycare facility shall have no employees or helpers for the operation of the said group daycare facility.
5. The hours of operation of the group daycare facility shall be no earlier than 6:00 a.m., and no later than 7:00 p.m. Children not permanently living in the dwelling shall not be permitted within the group daycare facility before or after said hours.
6. Each group daycare facility shall provide two off-street parking spaces (9 feet wide by twenty feet long- prepared with a hard surface or gravel) for the parking of automobiles for parents or other persons delivering children to the group daycare facility. Said spaces shall be used by the parents or persons delivering the children to the group daycare facility, and/or said children shall be delivered to the group daycare facility at parking facilities in front of the home. Under no circumstances shall the group daycare facility permit, and no person shall park in any other person's or owner's driveways or in front of their homes while delivering children to the group daycare facility.
7. No person delivering or picking up children at the group daycare facility shall honk horns, or give other loud or disturbing signals to notify children of their presence while delivering or picking up children at the group daycare facility. The person delivering said children, or picking the children up, shall not allow their vehicle to idle at the group daycare facility while delivering or picking up children.
8. The group daycare facility owner shall construct at least a six (6) foot privacy fence, around the back yard for the proper safety and keeping of the children.
9. No fence shall be built in the front yard of any group daycare facility, and no children of the group daycare facility shall be permitted in the front yard.
10. All children of the group daycare facility shall be confined to the back yard or inside the home.
11. Children shall not be allowed in the back-yard area of the group daycare facility except during the hours from 9:00 a.m. to 5:00 p.m.
12. Adequate play equipment for the children shall be provided by the group daycare facility for the children. The group daycare facility shall provide one hundred (100) square feet of back yard play area for every child at the group daycare facility. Consequently, if twelve (12) children should be at said group daycare facility, the owner shall be required to provide a back-yard play area of twelve hundred (1200) square feet.
13. The setback for a group daycare facility shall be the same as the residential zone in which it is located. Under no circumstances shall a separate building be allowed for the operation of a group daycare facility. Said group daycare facility shall be conducted within a residential home, and the use of that residence as a group daycare facility shall be secondary to that use as a residential dwelling.
14. All group daycare facilities shall be limited to single-family dwellings and shall not be located in duplexes, triplexes, or other multiple-family dwellings.
15. Children at the group daycare facility shall be under the control and supervision of the owner and occupant of the home in which the group daycare facility is located at all times. Children at the group daycare facility shall not be permitted to engage in loud, boisterous, or unruly activities.

In addition to the provisions of 17.58.010 applying, the following regulations shall apply to any pre-school facility which is in a residential dwelling:

1. Definitions.
   1. Home Pre-School: A home occupation for the care and instruction of up to twelve (12) children by an instructor who may or may not be related to the children. This instruction may be given with or without charge.
   2. Instructor: Any qualified person whose primary duties include the direct care, supervision, guidance, and instruction of children in an approved preschool facility.
   3. Parent: The child's natural parent, guardian, or other legally responsible person or organization.
   4. Pre-school: A home pre-school as defined in this section.
2. Conditions.
   1. No license shall be issued according to this chapter unless the preschool facility complies with and conforms to all municipal laws, ordinances, and applicable health and fire regulations and complies with any licensing requirements of the State of Idaho. A change in the instructor to whom the license is issued or in the location of the preschool automatically voids the business license issued by Preston City.
   2. To obtain a municipal license for the operation of a preschool, the building must be inspected and approved by the fire inspector.
   3. No more than twelve (12) children (including the provider’s children) shall be allowed at the home at any one time.
   4. The preschool facility shall be operated by the residents of the dwelling where the preschool facility is located and said group facility shall have no employees or helpers for the operation of said facility.
   5. The hours of operation of the preschool facility shall be no earlier than 7:30 a.m., and no later than 7:00 p.m. Children not permanently living in the dwelling shall not be permitted within the facility before or after said hours.
   6. Each preschool facility shall provide two off-street parking spaces (9 feet wide by twenty feet long- prepared with a hard surface or gravel) for the parking of automobiles for parents or other persons delivering children to the preschool facility. Said spaces shall be used by the parents or persons delivering the children to the preschool facility, and/or said children shall be delivered to the preschool facility at parking facilities in front of the home. Under no circumstances shall the preschool facility permit, and no person shall park in any other person's or owner's driveways or in front of their homes while delivering children to the preschool facility.
   7. No person delivering or picking up children at the preschool shall honk horns, or give other loud or disturbing signals to notify children of their presence while delivering or picking up children at the preschool facility. The person delivering said children, or picking the children up, shall not allow their vehicle to idle at the preschool facility while delivering or picking up children.
   8. The preschool facility owner shall construct at least a six (6) foot privacy fence, around the back yard for the proper safety and keeping of the children.
   9. No children from the preschool facility shall be permitted in the front yard.
   10. All children of the preschool facility shall be confined to the back yard or inside the home.
   11. Children shall not be allowed in the back-yard area of the preschool facility except during the hours from 9:00 a.m. to 7:00 p.m.
   12. The setback for a preschool facility shall be the same as the residential zone in which it is located. Under no circumstances shall a separate building be allowed for the operation of a preschool facility. Said preschool facility shall be conducted within a residential home, and the use of that residence as a preschool facility shall be secondary to that use as a residential dwelling.
   13. All preschool facilities shall be limited to single-family dwellings and shall not be located in duplexes, triplexes, or other multiple-family dwellings, excepting ADUs.
   14. Children at the preschool facility shall be under the control and supervision of the owner and occupant of the home in which the group daycare facility is located at all times. Children at the group daycare facility shall not be permitted to engage in loud, boisterous, or unruly activities.
   15. Any instructors or staff persons living or working in a preschool facility must be free of physical or mental illnesses that would be harmful to the children being instructed.
   16. The preschool facility shall be open for observation by parents during the regular hours of operation.

Any gainful occupation engaged in by the occupant of a dwelling unit. A person wishing to engage in a home occupation shall apply for and be approved for a business license before the commencement of such use. Additionally, such use must meet the following conditions:

1. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes;
2. The use shall be conducted entirely within the dwelling;
3. No article shall be sold or offered for sale on the premises, except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such is customarily incidental to domestic use;
4. The use shall not change the character of the dwelling or adversely affect the uses permitted in the residential district;
5. Only inhabitants of the dwelling may engage in the business use- no persons are to be employed by the business except those living at the residence;
6. Not more than one-third (1/3) of the gross area of the dwelling may be used for such use;
7. No internal or external alterations or construction features not customary in dwellings shall be allowed.
8. No displays of merchandise shall be set up outside or inside the dwelling.
9. Dwellings may not be used as retail stores, or allow/encourage walk-in customers.
10. One non-lighted/non-electric sign, two (2) feet tall by five (5) feet wide or less may be posted flush against the building. Such a sign may advertise the business name/service offered, the name of the proprietor, and contact information.
11. No sign shall be allowed which advertises any items for sale.
12. No noise or light from the business shall create a disturbance for any neighboring property owners.
13. No multi-family dwelling exceeding two units shall be used to conduct an occupation requiring in-person meetings, treatments, or sales.
14. At least one (1) additional off-street parking space (nine feet wide by twenty feet long) may be required. The applicant shall submit a parking plan showing the number of cars they own, the number of parking spaces available, and the proposed customer parking spaces. All parking spaces shall be hardscaped or prepared with gravel.

In addition to the provisions of 17.58.010 applying, the following regulations shall apply to each group daycare facility which is in a residential dwelling:

1. Each daycare facility shall obtain a state license as required by Chapter 11, Title 39, Idaho Code.
2. The group daycare facility shall comply with all laws, regulations, and licensing required by Chapter 11, Title 39, Idaho Code, as amended. However, if said rules or regulations as contained in Chapter 11, Title 39, Idaho Code are less restrictive than those contained within the ordinance codified in this chapter, this chapter shall prevail.
3. No group daycare facility shall have more than twelve (12) children (including the provider’s children) at the home of the group daycare provider at any one time.
4. The group daycare facility shall be operated by the residents of the dwelling where the group daycare facility is located and said group daycare facility shall have no employees or helpers for the operation of the said group daycare facility.
5. The hours of operation of the group daycare facility shall be no earlier than 6:00 a.m., and no later than 7:00 p.m. Children not permanently living in the dwelling shall not be permitted within the group daycare facility before or after said hours.
6. Each group daycare facility shall provide two off-street parking spaces (9 feet wide by twenty feet long- prepared with a hard surface or gravel) for the parking of automobiles for parents or other persons delivering children to the group daycare facility. Said spaces shall be used by the parents or persons delivering the children to the group daycare facility, and/or said children shall be delivered to the group daycare facility at parking facilities in front of the home. Under no circumstances shall the group daycare facility permit, and no person shall park in any other person's or owner's driveways or in front of their homes while delivering children to the group daycare facility.
7. No person delivering or picking up children at the group daycare facility shall honk horns, or give other loud or disturbing signals to notify children of their presence while delivering or picking up children at the group daycare facility. The person delivering said children, or picking the children up, shall not allow their vehicle to idle at the group daycare facility while delivering or picking up children.
8. The group daycare facility owner shall construct at least a six (6) foot privacy fence, around the back yard for the proper safety and keeping of the children.
9. No fence shall be built in the front yard of any group daycare facility, and no children of the group daycare facility shall be permitted in the front yard.
10. All children of the group daycare facility shall be confined to the back yard or inside the home.
11. Children shall not be allowed in the back-yard area of the group daycare facility except during the hours from 9:00 a.m. to 5:00 p.m.
12. Adequate play equipment for the children shall be provided by the group daycare facility for the children. The group daycare facility shall provide one hundred (100) square feet of back yard play area for every child at the group daycare facility. Consequently, if twelve (12) children should be at said group daycare facility, the owner shall be required to provide a back-yard play area of twelve hundred (1200) square feet.
13. The setback for a group daycare facility shall be the same as the residential zone in which it is located. Under no circumstances shall a separate building be allowed for the operation of a group daycare facility. Said group daycare facility shall be conducted within a residential home, and the use of that residence as a group daycare facility shall be secondary to that use as a residential dwelling.
14. All group daycare facilities shall be limited to single-family dwellings and shall not be located in duplexes, triplexes, or other multiple-family dwellings.
15. Children at the group daycare facility shall be under the control and supervision of the owner and occupant of the home in which the group daycare facility is located at all times. Children at the group daycare facility shall not be permitted to engage in loud, boisterous, or unruly activities.

In addition to the provisions of 17.58.010 applying, the following regulations shall apply to any pre-school facility which is in a residential dwelling:

1. Definitions.
   1. Home Pre-School: A home occupation for the care and instruction of up to twelve (12) children by an instructor who may or may not be related to the children. This instruction may be given with or without charge.
   2. Instructor: Any qualified person whose primary duties include the direct care, supervision, guidance, and instruction of children in an approved preschool facility.
   3. Parent: The child's natural parent, guardian, or other legally responsible person or organization.
   4. Pre-school: A home pre-school as defined in this section.
2. Conditions.
   1. No license shall be issued according to this chapter unless the preschool facility complies with and conforms to all municipal laws, ordinances, and applicable health and fire regulations and complies with any licensing requirements of the State of Idaho. A change in the instructor to whom the license is issued or in the location of the preschool automatically voids the business license issued by Preston City.
   2. To obtain a municipal license for the operation of a preschool, the building must be inspected and approved by the fire inspector.
   3. No more than twelve (12) children (including the provider’s children) shall be allowed at the home at any one time.
   4. The preschool facility shall be operated by the residents of the dwelling where the preschool facility is located and said group facility shall have no employees or helpers for the operation of said facility.
   5. The hours of operation of the preschool facility shall be no earlier than 7:30 a.m., and no later than 7:00 p.m. Children not permanently living in the dwelling shall not be permitted within the facility before or after said hours.
   6. Each preschool facility shall provide two off-street parking spaces (9 feet wide by twenty feet long- prepared with a hard surface or gravel) for the parking of automobiles for parents or other persons delivering children to the preschool facility. Said spaces shall be used by the parents or persons delivering the children to the preschool facility, and/or said children shall be delivered to the preschool facility at parking facilities in front of the home. Under no circumstances shall the preschool facility permit, and no person shall park in any other person's or owner's driveways or in front of their homes while delivering children to the preschool facility.
   7. No person delivering or picking up children at the preschool shall honk horns, or give other loud or disturbing signals to notify children of their presence while delivering or picking up children at the preschool facility. The person delivering said children, or picking the children up, shall not allow their vehicle to idle at the preschool facility while delivering or picking up children.
   8. The preschool facility owner shall construct at least a six (6) foot privacy fence, around the back yard for the proper safety and keeping of the children.
   9. No children from the preschool facility shall be permitted in the front yard.
   10. All children of the preschool facility shall be confined to the back yard or inside the home.
   11. Children shall not be allowed in the back-yard area of the preschool facility except during the hours from 9:00 a.m. to 7:00 p.m.
   12. The setback for a preschool facility shall be the same as the residential zone in which it is located. Under no circumstances shall a separate building be allowed for the operation of a preschool facility. Said preschool facility shall be conducted within a residential home, and the use of that residence as a preschool facility shall be secondary to that use as a residential dwelling.
   13. All preschool facilities shall be limited to single-family dwellings and shall not be located in duplexes, triplexes, or other multiple-family dwellings, excepting ADUs.
   14. Children at the preschool facility shall be under the control and supervision of the owner and occupant of the home in which the group daycare facility is located at all times. Children at the group daycare facility shall not be permitted to engage in loud, boisterous, or unruly activities.
   15. Any instructors or staff persons living or working in a preschool facility must be free of physical or mental illnesses that would be harmful to the children being instructed.
   16. The preschool facility shall be open for observation by parents during the regular hours of operation.