Pursuant to the Child Care Organizations Act, PA 116 of 1973, found at MCL 722.101 et seq., the State of Michigan is authorized to license child care facilities. State licensed family child care homes and group child care homes are facilities licensed to operate in private homes by a resident of the home. Child care centers or day care centers are facilities generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center and are not permitted in residential homes.

(Ord. No. 30-991, § 4, 2-22-11)

a.

State inspections. Inspections of state licensed child care facilities are conducted by the Michigan Department of Human Services as authorized by state law. Fire safety inspections are conducted by the State of Michigan Bureau of Fire Safety.

b.

Zoning. Child care licensees are required to comply with all applicable zoning regulations.

(Ord. No. 30-991, § 4, 2-22-11)

All state licensed child care facilities shall register with the division of buildings and safety engineering using a registration form provided. The registration shall be an annual registration and shall be renewed by December 1 of each year. The division of buildings and safety engineering shall maintain a list of all state licensed child care facilities. A registration fee shall be collected in accordance with the fee schedule established by resolution adopted by the city council.

(Ord. No. 30-991, § 4, 2-22-11)

A state licensed family child care home which complies with all provisions of this article, shall be a permitted use in the following residential districts: One Family Residential Districts, R-1-A, R-1-B, R-1-C, R-1-P, and Two Family Residential Districts, R-2, provided that an adult who lives in the home is the family child care home licensee. If the licensee ceases to live in the home, the family child care operations shall cease.

(Ord. No. 30-991, § 4, 2-22-11)

a.

Special exception approval required. A state licensed group child care home which meets all the standards listed below and receives approval of the Zoning Board of Appeals as a special exception pursuant to Article 20, Division 6, Special Exceptions Upon Approval of Zoning Board of Appeals, shall be permitted in One Family Residential Districts, R-1-A, R-1-B, R-1-C, R-1-P, and Two Family Residential Districts, R-2:

1.

Mortgage survey. The applicant shall file a written application together with a copy of the residential mortgage survey, showing the dimensional elements of the property including the availability of off-street parking and fencing. The requirement of section 20.36 that copies of a professional site plan be submitted shall be satisfied by the submission of fourteen (14) copies of a residential mortgage survey.

2.

Residency. An adult who lives in the home is the group child care home licensee. If the licensee ceases to live in the home, the approval of the group child care exception shall be automatically revoked and the group child care operations shall cease.

3.

Locational criteria. The group child care home shall comply with the following locational criteria:

a.

Is located more than one thousand five hundred (1,500) feet from any of the following facilities that are in existence on the date the application for special exception approval is submitted:

(i)

Any adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737.

(ii)

Any facility offering substance abuse treatment as licensed under Article 6 of the Public Health Code, 1978 PA 368, MCL 333.6101 to 333.6523.

(iii)

Any community correction center or other similar facility under the jurisdiction of the department of corrections.

b.

Is located more than seven hundred fifty (750) feet from another licensed group child care home in existence on the date the application for special exception approval is submitted.

c.

In the event one (1) of the facilities listed in subsection (a) above locates within the required distance after the group child care home receives special exception approval, the previously granted special exception approval shall remain in effect and the group child care home may continue in the approved location.

4.

Off-street parking. Provide one (1) off-street parking space per employee required by the State of Michigan Licensing Rules for family and group child care homes. The number of employees required for the child to caregiver ratio shall be specified in the application for special exception approval. A driveway on private property may be utilized for off-street parking, however, in no event shall any vehicle be parked in the driveway blocking the public sidewalk.

b.

Application of regulations. Group child care homes operated in single family dwellings prior to the adoption of this ordinance [Ordinance No. 30-991] were never lawful uses, as a result they do not qualify as non-conforming uses that may continue without complying with this ordinance. Therefore, all State licensed group child care homes, regardless of when licensed, shall comply with all provisions of this Article. Group child care homes licensed and operated in single family dwellings prior to the adoption of this ordinance shall comply with the requirements of this Article within one hundred eighty (180) days of the ordinance effective date, however, in the event one of the facilities listed in subsection 3(a) located within the required distance after a licensed group child care home was already in existence, the group child care home may continue in that location.

(Ord. No. 30-991, § 4, 2-22-11)

State licensed family and group child care homes are prohibited in the following residential districts due to the increased density of the residential district: R-3, Multiple Family Dwelling Districts, R-3-A, Senior Citizen Congregate Living Districts, R-4, Mobile Home Districts, R-5, High Rise Apartment Districts, Planned Unit Development Districts, PUD, and DD, Downtown District.

(Ord. No. 30-991, § 4, 2-22-11)

a.

Districts. A state licensed child care center generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center shall be a permitted use in the following districts: C-1, Local Business District, SS, Special Service District, C-2, General Business District, C-3, Wholesale and Intensive Business District, the non-residential uses within a PUD, Planned Unit Development District, DD, Downtown District.

b.

Accessory use. A State licensed child care center shall be a permitted accessory use operated in conjunction with a public or private school or church meeting the requirements of section 5.11.

c.

Off-street parking. Provide one (1) off-street parking space for every one (1) teacher, employee and administrator; plus one (1) off-street parking space for every seven (7) children based on the capacity number stated in the State issued license.

d.

Certificate of occupancy. Prior to operating the facility, the State licensed child care center shall obtain a valid certificate of occupancy from the Division of Buildings and Safety Engineering certifying that the child care center complies with all applicable codes and ordinances.

(Ord. No. 30-991, § 4, 2-22-11)

a.

Required. State licensed child care homes shall install a fence around the perimeter of the area used for child care to provide a visual buffer and to protect and enclose the yard to prevent intrusion from without and straying from within. The fence shall meet the following standards:

1.

Height. The height of the fence shall be a minimum of four (4) feet, and shall not exceed six (6) feet.

2.

Material. The fence shall be ornamental and may be constructed of wood, vinyl, chain link, wrought iron or other decorative material.

3.

Fence permit required. A fence permit is required prior to installation of a fence.

4.

Privacy fences on corner lots allowed. A privacy fence is permitted on corner lots provided that, all set back requirements are met and if the fence abuts any driveway, including driveways on adjacent property, the fence shall be set back a minimum of twelve feet from the intersection of the property line and the driveway providing a clear vision zone area as depicted on the diagram below. The portion of the fence set back a minimum of twelve (12) feet, may be angled away from the driveway or installed perpendicular to the driveway. The clear vision zone area is required to provide for the unobstructed vision of a driver exiting the driveway.

(Ord. No. 30-991, § 4, 2-22-11)

If the basement area is approved for child care in a family or group child care home, a basement egress window shall be provided in compliance with the Michigan Residential Code.

(Ord. No. 30-991, § 4, 2-22-11)

Exterior signage is prohibited except as follows: one (1) non-illuminated name plate attached to the building entrance which is not more than one (1) square foot in total area.

(Ord. No. 30-991, § 4, 2-22-11)

The provision to allow State licensed family and group child care uses in single family residential districts is limited to the child care as licensed by the State and no other business shall be operated on the residential premises. The residential nature of the dwelling shall be maintained.

(Ord. No. 30-991, § 4, 2-22-11)

No vehicle shall be parked blocking any sidewalk or driveway approach when dropping off or picking up the children for care and supervision at the family or group child care home. The child care licensee shall notify all parents and guardians of this regulation.

(Ord. No. 30-991, § 4, 2-22-11)

Smoke detectors shall be installed in compliance with all applicable State codes and regulations.

(Ord. No. 30-991, § 4, 2-22-11)