Chapter 19.200
FAMILY DAY CARE PROVIDERS IN A RESIDENTIAL ZONE
Sections:
19.200.020 Operational standards.
19.200.030 Establishing and maintaining a family day care provider.
19.200.010 Purpose.
The purpose of this section is to provide for family day care providers in residential zones in a manner that will ensure that they are utilized only as accessory uses incidental to the primary residential use of the premises upon which they are located. A home occupation permit may be granted; provided the use is not inconsistent with or disruptive to the normal residential usage of the premises or causes external effects which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone. (Ord. 6-2001 § 1)
19.200.020 Operational standards.
Family day care providers shall be limited to those activities which are customarily carried on within a dwelling, and which are operated entirely within the principal dwelling by a member of the family residing in the dwelling unit as a clearly secondary and incidental use of such a dwelling. The use must not change the residential character of the dwelling and shall meet all of the following conditions:
A. Fulfill all requirements for a day care facility as defined in ORS 418.805 and the state of Oregon Children’s Services Division (CSD) Rules for Certification.
B. Have no more children than allowed by state and county regulations for the size of facility in question.
C. Be permitted to operate at any time during a 24-hour period.
D. Be permitted to have children dropped off and picked up at any time during this 24-hour period, with due consideration to neighboring residents in regards to noise and traffic congestion. Children are to be escorted to (and from) the day care residence and the vehicle.
E. Be permitted to utilize more than 20 percent of the gross floor area of the dwelling unit for day care as long as the dwelling remains consistent with the residential nature of the premises.
F. Need not be confined, contained and conducted within the dwelling in so far as outdoor play areas may be provided, which meet all standards of the CSD, and with due consideration to neighboring residents in regards to noise and activity. Field trips off the premises are to meet all requirements set by CSD.
G. No significant enlargement or alteration to a dwelling for the sole purpose of conducting a family day care provider facility shall be permitted that is inconsistent with the residential nature of the premises.
H. The premises shall at all times be maintained as residential in appearance, cleanliness and quietness.
I. Dimensions, power rating or weight of such equipment and tools used in the conduct of a family day care facility shall not exceed that of normal household equipment and tools.
J. There shall be no exterior indication of the family day care provider facility; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the address of the home occupation. (Ord. 6-2001 § 1)
19.200.030 Establishing and maintaining a family day care provider.
A. Within 10 days after a permit is issued, notices of issuance of a home occupation permit shall be sent to all property owners and residents in the area bounded by lines 150 feet, excluding street widths, from and parallel to the boundary lines of the lot proposed to contain the family day care provider facility.
B. The city shall not issue a business license until a home occupation permit is issued. Copies of all certification from the Children’s Services Division are to be attached to the application form. Home occupation permits are valid until the end of the calendar year and are to be renewed by reapplication at the same time as the business license.
C. Permits for home occupations may be revoked at any time for failure to adhere to standards and conditions of approval for home occupation. If the business license of a home occupation permit holder is revoked, the home occupation permit may be reviewed for possible revocation, and vice versa.
D. A change in the characteristics of the use will require a new permit. (Ord. 6-2001 § 1)
19.200.040 Appeal process.
A. A decision of the staff to issue or revoke a home occupation permit may be appealed to the city council by an affected party by filing an appeal within 15 days of notice of this decision. The notice of appeal shall indicate the decision that is being appealed.
B. Any person may request staff to review a home occupation permit if evidence of noncompliance to this code is evident. (Ord. 6-2001 § 1)