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)