West Haven City Zoning Code
DAY CARE
RESIDENTIAL
§ 157.895 PURPOSE AND INTENT.
It is the purpose and intent of this subchapter to allow persons residing in dwellings in residential and agricultural areas to establish home day care while at the same time maintaining the peace, quiet, and domestic tranquility within all residential or agricultural areas of the city, and guaranteeing to all residents freedom from excessive noise, traffic, nuisances, fire hazard, and other possible adverse effects of home day care and home preschool activities being conducted in such areas.
(Prior Code, § 66.02) (Ord. 2-92, passed - -1992)
§ 157.896 USE.
(A) A level one and level two home day care occupations shall be allowed either as permitted (only home day care level one, with eight children or fewer children) or conditional uses in various residential and agricultural districts of the city as listed in the use and regulations of such various districts, and in accordance with the regulations and restrictions of this subchapter.
(B) Only home day care may be approved as a permitted use in all Residential and Agricultural Zones in the city if they have eight or fewer children. A day care over eight children requires a conditional use.
(Prior Code, § 66.04) (Ord. 2-92, passed - -1992)
§ 157.897 REQUIRED CONDITIONS.
Any day care operation conducted on property where the primary use is a residence shall be appropriately licensed by the state (see Utah Administrative Code § R430-90), and city home day cares shall comply with the following standards.
(A) The day care operation shall comply with all provisions of a home occupation, except that a day care or a preschool shall be exempt from the limitation on the use of space in and outside the home.
(B) A level one (single provider) home day care shall be limited to not more than eight children, including the provider’s own children, under the age of six. No more than two of the children may be under the age of two. The single provider in the level one home day care must be a resident of the home.
(C) A level two (two provider) home day care shall be limited to not more than 16 children, including the provider’s own children, under the age of six. No more than three of the children may be under the age of two. Both providers shall meet state requirements. One of the providers must be a resident of the home. Only one person can be hired who is not a resident of the home.
(D) There shall be a minimum of 35 square feet of interior space provided for each person within the area being used for home day care. Such space shall be exclusive of any storage, restroom, or hall spaces. A floor plan indicating what area of the home will be utilized for day care shall be submitted with each application. The floor plan shall be reviewed and approved by the city staff prior to the operation of the home day care.
(E) There shall be a minimum of 100 square feet of yard space provided for each child kept within the day care. Said space shall be secured by fencing or other acceptable means. Any area or use within the yard area determined to be a hazard to children shall be secured from access and shall not be counted in the open space for the home day care. A site plan of the yard space being used for home day care shall be reviewed and approved by the city staff.
(F) The area(s) used for the home day care shall have two separate means of egress arranged so that if one is blocked, the other will be available.
(G) Exit doors, other than the main exit, may be 32 inches wide. Main exits shall be 36 inches wide.
(H) When the area being used for home day care is located in the basement or on the second floor, one of the exits must discharge directly to the outside.
(I) No home day care shall be operated above the second floor of a residential structure.
(J) Rooms used for sleeping shall have at least one window and door approved for emergency escape.
(K) Closet door latches shall be such that children can open the door from the inside of the closet.
(L) Bathroom door locks shall be readily operable by the provider(s) from the outside.
(M) Smoke detectors and carbon monoxide detectors shall be installed according to the latest edition of the adopted building code.
(N) Electrical outlets shall be protected or capped with safety devices.
(O) Toxic, hazardous, or flammable materials, medicines, firearms, or other potentially-hazardous materials shall be locked in a protected area.
(P) Fireplaces, wood-burning stoves, or open-face heaters shall be inaccessible to children when in use. Portable space heaters are not permitted when children are on the premises.
(Q) Each home day care shall have a written emergency and/or disaster plan which covers natural disasters, power failures, and the like which may pose a health hazard to the children. Evidence that an emergency drill has been conducted at least on a quarterly basis shall be provided to the County Fire Department at the time of the yearly inspection.
(R) The area devoted to day care shall be provided with at least one fire extinguisher.
(Prior Code, § 66.06) (Ord. 2-92, passed - -1992)
§ 157.898 OTHER.
Day care centers for larger operations cannot be operated in a residence and cannot occupy homes that are in existing subdivisions. Day cares must follow Utah Administrative Code § R430-90.
(Prior Code, § 66.08) (Ord. 2-92, passed - -1992) Penalty, see § 157.999
§ 157.899 FEES.
Fees shall be in accordance with the West Haven City Consolidated Fee Schedule. The West Haven City Consolidated Fee Schedule is hereby adopted by reference.
(Prior Code, § 66.10) (Ord. 2-92, passed - -1992; Ord. 26-2023, passed 1-3-2024)