Chapter 18.52
CHILD CARE FACILITIES
Sections:
18.52.020 Family child care home.
18.52.030 Child mini-day care center.
18.52.040 Child day care center.
18.52.010 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. 1. “Child day care” means the provision of supplemental parental care and supervision:
a. For a nonrelated child or children;
b. On a regular basis;
c. For less than twenty-four hours a day; and
d. Under license by the Washington State Department of Social and Health Services.
2. As used in this chapter, the term is not intended to include babysitting 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 center” means a person or agency that provides care for thirteen or more children during part of the twenty-four-hour day.
C. “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 twenty-four hours a day. Child care facilities include family day care homes, 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.)
D. “Child mini-day care center” means a person or agency providing care during part of the twenty-four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed.
E. “Family child care home” means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, with a birth through eleven-years-of-age range exclusively, for a period less than twenty-four hours.
(Amended during 2011 reformat; O95-035, Amended, 12/19/1995; Ord. 1288, Added, 06/04/1991)
18.52.020 Family child care home.
A family child care home shall be a permitted use in all zoning districts permitting residences and shall be subject to the following requirements:
A. Meet Washington State child day care licensing requirements;
B. Comply with all building, fire safety, health code and business licensing requirements;
C. Lot size, building size, setbacks and lot coverage conform to the standards of the zoning district except if the structure is a legal nonconforming structure;
D. Signage, if any, will conform to TMC Chapter 18.44;
E. No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with surrounding residences is permitted.
(Ord. O95-035, Amended, 12/19/1995; Ord. 1288, Added, 06/04/1991)
18.52.030 Child mini-day care center.
A child mini-day care center is allowed in the designated zoning districts as follows:
A. Residential Zoning Districts. For residential zones, a child mini-day care center shall be reviewed, by the community development director, for compliance with the following requirements:
1. Administrative Review Notice. Notice of the proposal shall be given as provided below:
a. Notices shall be posted in a conspicuous place at or near the location of the proposal at least ten calendar days prior to final action of the application;
b. The notice shall include a description of the proposal, site location, deadline for submitting written comments, and the address and phone number of the community development director;
c. The community development director shall review applications for a mini-day care center and may approve, modify, or deny the application subject to the following requirements:
i. Meet Washington State child day care licensing requirements,
ii. Comply with all building, fire safety, health codes and business licensing requirements,
iii. Signage, if any, will conform to the requirements of TMC Chapter 18.44,
iv. Parking requirements shall conform to TMC Chapter 18.50,
v. The site must be landscaped in a manner compatible with the residential character of the surrounding neighborhood,
vi. No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child mini-day care center is permitted,
vii. The community development director may attach conditions to the permit in order to reduce conflicts between the child mini-day care center and the surrounding neighborhood including, but not limited to, noise attenuation, special parking needs, and hours of operation,
viii. If the community development director finds that there is just cause for a public hearing, final approval shall be determined through the conditional use permit process and shall be subject to the requirements of TMC 18.52.040 and TMC Chapter 18.56;
2. The process used to appeal a decision of the community development director is contained in TMC Chapter 18.62.
B. All Other Zoning Districts. A child mini-day care center is a permitted use in the NC, TC, CS, MU, GC, LI, HC, and ARI zoning districts, provided the conditions set forth in subsections (A)(1)(c)(i) through (v) and (vii) of this section are met.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2001-020, Amended, 05/07/2002; Ord. O97-025, Amended, 12/02/1997; Ord. O95-035, Amended, 12/19/1995; Ord. 1288, Added, 06/04/1991)
18.52.040 Child day care center.
A child day care center may be allowed in the designated zoning districts as follows:
A. A child day care center may be allowed in RSR, SFL, SFM, MFM, MFH, or HI zoning districts only upon issuance of a conditional use permit pursuant to TMC Chapter 18.56 and subject to the following requirements:
1. Meet Washington State child day care licensing requirements;
2. Install an approved fire sprinkler system;
3. Possess a valid child day care business license from the city;
4. No structural or decorative alteration, which will alter the residential character of an existing residential structure used for a child care center, is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;
5. Be located so that access streets and parking and/or loading areas are sufficient to accommodate safely the number of vehicle trips associated with the day care use.
B. A child care center is a permitted use in TC, NC, MU, GC, CS, LI, HC and ARI zoning districts subject to the following requirements:
1. Meet Washington State child care licensing requirements;
2. Install an approved fire sprinkler system;
3. Possess a valid child day care business license from the city.
C. Limitations 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 where 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. O2017-017, Amended, 09/19/2017; Ord. O2017-006, Amended, 07/18/2017; Ord. O2001-020, Amended, 05/07/2002; Ord. O97-025, Amended, 12/02/1997; Ord. O95-035, Amended, 12/19/1995; Ord. 1288, Added, 06/04/1991)