Section 175-107.1 DAY CARE AND DAY-CARE FACILITIES IN RESIDENTIAL ZONING DISTRICTS BY SPECIAL PERMIT.
The following provisions shall apply to day care and day-care facilities located in residential zoning districts:
A. All day-care operations in residential zoning districts shall be restricted to not more than one hundred (100) children per day-care facility.
B. All day-care operations and day-care facilities shall be licensed by the Commonwealth of Virginia in accordance with the provisions of Virginia Code Section 63.1-196, as amended, unless otherwise specifically exempted from such licensing requirements under provisions of the Virginia State Code.
C. Day-care operations in residential districts shall not be permitted in single-family or multifamily residential dwellings.
D. Day-care operations in residential districts shall be restricted to schools, churches, lodges, hospitals, rest, convalescent or nursing homes, offices or halls which are otherwise permitted by right in the respective residential district in question, or any of the aforementioned facilities which are currently in existence as a nonconforming use, or any of the aforementioned facilities which have previously been approved for non-day-care purposes by special permit. The day-care operation shall be an ancillary or additional use to the facility in question. Facilities shall not be constructed in residential districts solely for daycare use.
E. All day-care facilities in residential zoning districts shall be required to have a minimum lot size of twenty thousand (20,000) square feet for day-care operations with fifty (50) children or fewer and forty thousand (40,000) square feet for day-care operations with more than fifty (50) children.
F. In assessing the request for a special use permit to conduct day-care operations in residential zoning districts, the Council shall consider and may require the availability of safe on-site drop-off and pickup areas, outdoor play areas not located in the facility's front yard, fenced play areas and screening or noise buffers for adjacent properties. The Council shall also consider the nature and suitability of the proposed facility, the size, location and characteristics of the grounds or yard, the safety of the children to be cared for at the facility, peak and non-peak traffic patterns, parking, the effects on nearby property and residents, noise and such other factors which the Council deems pertinent in assessing the suitability of any proposed day-care operation in a residential zoning district.
(Ord. No. Z-6-89 Added Entire Section 10-23-89-Effective Upon Passage)