Chapter 17.52
CHILD CARE FACILITIES

Sections:

17.52.010    Purpose.

17.52.020    Application process.

17.52.030    Minimum standards for all child care facilities.

17.52.040    Family home child care and in-home preschools – Additional standards.

17.52.050    Child day care centers and stand alone preschools – Additional standards.

17.52.060    Registration.

17.52.070    Conflicting provisions.

17.52.010 Purpose.

The city council finds that affordable, good quality, and licensed child 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 care facilities in the city in a manner which simplifies the review and approval process while ensuring conformance with the surrounding land uses. (Ord. 2977 § 1, 2008; Ord. 2571 § 2, 1997).

17.52.020 Application process.

A. Procedure. All child care facilities must comply with the minimum standards of this chapter. Table 17.52.020 identifies the approval process.

Table 17.52.020

Family Home Child Care and In-Home Preschools

Child Day Care Centers and Stand Alone Preschools

Applicable Regulations/Notes

Permitted

All Commercial, Mixed Use, Residential, and Manufacturing zoning districts

All Mixed Use zones. C-II, C-III, C-II(H) zones.

Any residential zone through the PUD process or as an accessory use.

Subject to the standards in this chapter.

See Chapter 17.32 PTMC for planned unit development regulations.

See PTMC 17.52.020(B) for child care as an accessory use.

Conditional Use

All Manufacturing zones, all Residential zones (unless processed concurrent with a PUD), and C-I

Type II Minor CUP if no new construction other than an outdoor play area and parking improvements.

Type III CUP if new building construction

B. Accessory Use. A child day care center, that is incidental and subordinate to the principal use of a site as a legally established community center, school, or church, shall be permitted outright. (Ord. 2977 § 1, 2008).

17.52.030 Minimum standards for all child care facilities.

All child care facilities (i.e., in-home and stand alone preschools, family home child care and child day care centers) shall meet the following standards:

A. Apply for a city business license and concurrently obtain any required state license with the Washington State Department of Licensing with approval from the Washington State Department of Early Learning;

B. Comply with all applicable building (including exiting requirements), fire safety (including requirements for sprinkler systems), health code and business licensing requirements;

C. Conform to lot size, building size, setbacks and lot coverage standards applicable to the zoning district in which the facility is located. Exceptions may apply for legal nonconforming structures pursuant to Chapter 17.88 PTMC;

D. Comply with Chapter 17.76 PTMC whenever signage is proposed;

E. A day care center cannot be located within 150 feet from any existing adult entertainment facility, as described in PTMC 17.20.020 and defined in PTMC 17.08.020;

F. Limit hours of operation to facilitate neighborhood compatibility, while at the same time providing appropriate opportunity for person(s) who use child care facilities and who work a nonstandard work shift;

G. The operator of the child care facility shall file a child care registration form with the city as provided for in PTMC 17.52.060;

H. If a conditional use permit is required, the director’s evaluation shall consider the conditional use standards and criteria set forth in Chapter 17.84 PTMC. (Ord. 2977 § 1, 2008).

17.52.040 Family home child care and in-home preschools – Additional standards.

A. No play structures may be located in the front setback of the home. In the event of double frontage or similar situations, the director of development services shall determine which setback would have the least visual impact to the neighborhood;

B. Family home child care or in-home preschools located within multifamily residential units shall not operate from more than one dwelling unit;

C. Off-Street Loading.

1. Family home child care shall provide a passenger loading area that is determined adequate by the Department of Early Learning (DEL) or other applicable state licensor;

2. In-home preschools shall provide a loading area that is determined adequate by the development services department (inspection fees may apply);

D. Exterior alterations shall be in keeping with the residential character of the neighborhood;

E. Adjoining Neighbor Notification.

1. Family home child care shall provide to the development services department written proof of notification to immediately adjoining neighbors informing them of the intent to locate and maintain such a facility. This proof must be provided prior to state     licensing. If a dispute arises between the neighbors and the family home child care provider over licensing requirements, under state law the state licensor may provide a forum to resolve the dispute. (RCW 35.63.185).

2. In-home preschools shall provide to the development services department written notice to immediately adjoining neighbors informing them of the intent to locate and maintain an in-home preschool. Enforcement shall be in accordance with the procedures detailed in Chapter 1.20 PTMC. (Ord. 2977 § 1, 2008).

17.52.050 Child day care centers and stand alone preschools – Additional standards.

A. Residential Districts. In addition to the minimum standards in PTMC 17.52.030, child day care centers and stand alone preschools in a residential district shall conform to the following standards:

1. The site must be landscaped in a manner compatible with the neighborhood.

2. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood. New construction will require a Type III conditional use permitting process.

3. A child day care center shall not be located within 300 feet of another child day care center, with the exception of child care centers that are accessory uses pursuant to PTMC 17.52.020(B).

4. Parking shall be provided in compliance with Chapter 17.72 PTMC, Off-Street Parking and Loading.

B. Mixed Use, Commercial, and Manufacturing Districts. In addition to the minimum standards in PTMC 17.52.030, child day care centers and stand alone preschools in a mixed use, commercial or manufacturing district shall conform to the following standards:

1. Child day care centers and stand alone preschools shall comply with the parking requirements set forth in Chapter 17.72 PTMC, Off-Street Parking and Loading.

2. Child day care centers and stand alone preschools shall comply with any applicable design standards for the zoning district.

C. For the purposes of this section, any child day care center in operation in any zoning district, which was lawfully established prior to adoption of the ordinance codified in this section (June 2, 2008) may continue as a pre-existing use. (Ord. 2977 § 1, 2008).

17.52.060 Registration.

Each child care service provider must register with the city development services department by completing a child care registration form as provided by the department prior to the initiation of the use. Upon registration, the child care provider must be able to demonstrate compliance with the applicable conditions of this chapter and the requirements of the building and fire code (Chapter 16.04 PTMC). (Ord. 2977 § 1, 2008; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997. Formerly 17.52.040).

17.52.070 Conflicting provisions.

In the event of conflict between this chapter and any ordinance or zoning provision for the city, the more restrictive shall apply. (Ord. 2977 § 1, 2008; Ord. 2571 § 2, 1997. Formerly 17.52.050).