Chapter 18.69
DAY CARE FACILITIES
Sections:
18.69.030 Family day care homes.
18.69.050 Child day care centers.
18.69.055 Administrative review criteria.
18.69.060 Conditional use requirements.
18.69.010 Purpose.
The city council finds that affordable, good quality, and licensed child day care within the city is critical to the well-being of parents and children in the community and is a needed community service. Further, it is the purpose of this chapter to facilitate the siting of licensed child day care facilities in the city in a manner which simplifies the review and approval process while ensuring conformance with the surrounding land uses. (Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.020 Definitions.
For the purpose of this chapter unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. “Child day care” means the provision of supplemental parental care and supervision:
1. For a nonrelated child or children;
2. On a regular basis;
3. For less than 24 hours a day; and
4. Under license by the Washington State Department of Social and Health Services.
As used in this chapter, the term is not intended to include baby-sitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.
B. “Child day care facility” means a building or structure in which an agency, person or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day care facilities include family day care homes, out-of-home child mini day care centers and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended (Chapter 74.15 RCW, WAC 388-73-422).
C. “Community service facility,” for the purposes of this chapter, means a building or structure where people with similar interests and values gather and which principal use serves a religious, sociocultural, or recreational need.
D. “Day care facility” means an agency regularly providing care for a group of children for periods of less than 24 hours. It includes the following subcategories:
1. “Family day care home” means a day care home for the care of 12 or fewer children, located in the family dwelling of the provider.
2. “Mini day care center” means a day care facility for the care of 12 or fewer children in a facility other than the family dwelling of the person(s) providing the care.
3. “Day care center” provides for the care of 13 or more children. If located in a private family residence, the portion where the children have access shall be separate from the family living quarters, or that portion where the children have access shall be exclusively used for their care during the hours that the child day care is operating.
E. “Preschool” means a nonresidential teacher-instructed, curriculum-based educational program of under four hours’ daily duration. Preschools have no state licensing procedure. For the purposes of this chapter, preschools shall be considered equivalent to “mini day care center” or “day care center” dependent on the number of children served.
F. “Primary day care facility” means a day care facility located outside a residential dwelling. The primary day care facility shall be the principal use of the lot or building.
G. “Secondary day care facility” means a day care facility located outside a residential dwelling. The hours of operation and frequency of use of a secondary day care facility are clearly secondary and incidental to the principal use of the lot or building. (Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.030 Family day care homes.
A. A family day care home shall be permitted by right in all zoning districts permitting residences, except where located in an existing accessory building which shall require administrative review and approval as provided in SMC 18.69.055, and shall be subject to the following requirements:
1. The home shall meet state child day care licensing requirements;
2. The home shall comply with all building, fire safety, health code and business licensing requirements;
3. Lot size, building size, setbacks and lot coverage shall conform to the standards of the zoning district in which the facility is located except if the structure is a legal nonconforming structure;
4. A safe passenger loading area shall be provided;
5. Signage, if any, shall conform to Chapter 18.58 SMC;
6. The operator of the home shall file a child day care registration form with the city;
7. No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or incompatibility with surrounding residences is permitted.
B. A family day care home may be permitted to be located in an existing accessory building if it conforms with all of the requirements of subsection (A) of this section and receives administrative review and approval under the process specified in SMC 18.69.055. (Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.040 Child mini day care centers.
Repealed by Ord. 98-021. (Ord. 96-001 § 2)
18.69.050 Child day care centers.
A. A primary child day care center, as defined by state law, may be allowed in designated zoning districts as shown in the Use Tables, Chapter 18.20 SMC.
B. Limitation in Use of a Family Residence. No child day care center shall be located in a private family residence unless the portion of the residence to which the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family. (Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.055 Administrative review criteria.
The director of the department of community development or the hearing examiner reviews applications for a child day care facility and may approve, modify or deny the application subject to the following provisions:
A. The proposed use shall be compatible with the surrounding uses;
B. The site shall be landscaped in a manner compatible with adjacent residences;
C. If the director of the department of community development or hearing examiner, in reviewing the application or comments received, identifies sufficient issues regarding compatibility of the use with surrounding development, a public hearing may be called to receive testimony after publication and posting of a notice of public hearing on the site at least 10 days prior to such hearing;
D. The director of the department of community development or hearing examiner may grant, deny or grant the permit with conditions reasonably necessary to reduce conflicts between the day care facility and the surrounding neighborhood. The conditions may provide for, but not be limited to, noise attenuation, special parking needs and hours of operation. (Ord. 2019-004 (Exh. B); Ord. 2011-017 § 2; Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.060 Conditional use requirements.
The hearing examiner reviews applications for conditional use permits consistent with the following requirements:
A. The child day care center must meet state child day care licensing requirements;
B. The child day care center must comply with all building, fire safety, health code and business licensing requirements;
C. Lot size, building size, setbacks and lot coverage must conform to those applicable to the zoning district;
D. Signage, if any, must conform to the requirements for the applicable zoning district;
E. The operator of the child day care center must file a child day care registration form with the city as provided for in SMC 18.69.075;
F. Parking requirements must conform to Chapter 18.48 SMC;
G. A fence at least four feet high must be installed around the play yard;
H. The site must be landscaped in a manner compatible with adjacent residences;
I. No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child day care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;
J. The child day care facility may not be located within 300 feet of another child day care center not located in the residence of the care provider, excluding any child day care center which is an accessory use pursuant to SMC 18.69.020(D)(3);
K. The child day care facility may not adversely affect current traffic volumes of the subject streets nor the capacity of the existing road network;
L. Streets serving the child day care facility must conform with city street standards set out in the streets and utilities developments regulations;
M. Streets serving the child day care facility must conform with emergency vehicle access standards. (Ord. 2019-004 (Exh. B); Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.065 Notice requirements.
Repealed by Ord. 98-021. (Ord. 96-001 § 2)
18.69.070 Appeals.
Repealed by Ord. 98-021. (Ord. 96-001 § 2)
18.69.075 Registration.
Each child care service provider shall register with the city department of community development by completing a child day care registration form as provided by the department prior to the initiation of the use. Upon registration, the child day care provider shall be able to demonstrate compliance with the applicable conditions of this chapter. (Ord. 2011-017 § 1; Ord. 98-021 § 3; Ord. 96-001 § 2)
18.69.080 Conflicting provisions.
Repealed by Ord. 98-021. (Ord. 96-001 § 2)