HomeMy WebLinkAbout78 of 1981 - Amending Chapter 2 of Title 51, relating to zoning definitions by renumbering the definition of 'dec SALT LAKE CITY ORDINANCE
No. 78 of 1981
(Child Care Facilities)
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 51 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO ZONING
DEFINITIONS BY RENUMBERING THE DEFINITION OF "DECIBEL" TO SECTION
51-2-17.5, ADDING SECTIONS 51-2-17.1, ET SEQ., RELATING TO DAY
CARE FACILITIES, AND AMENDING THE DEFINITION OF HOME OCCUPATION
IN SECTION 51-2-34; ADDING SECTION 51-6-14 RELATING TO A SPECIAL
EXCEPTION PROVIDING FOR CHILD CARE IN RESIDENTIAL DISTRICTS; AND
AMENDING SECTIONS 18-13-1 THROUGH 18-13-13, RELATING TO THE
DEFINITIONS APPLICABLE TO CHILDREN'S DAY CARE CENTERS AND RELATED
USES AS APPLIED UNDER HEALTH ORDINANCES.
WHEREAS, it is the desire of this Council to recognize the
need for the providing of quality child care within our
community; and
WHEREAS, it is the feeling of the Council that small group
care in residential family homes can provide a beneficial family
atmosphere within the residential neighborhoods without
disrupting normal neighborhood characteristics if proper balances
and safeguards are respected; and
WHEREAS, it is the desire of the Council to acknowledge the
mixed use of existing community facilities that desire to
provide, as accessory uses, larger scale child care or
educational facilities where parking, traffic, play, etc. can be
easily accommodated without disturbing the residential character
of the neighborhood;
THEREFORE, be it ordained by the City Council of Salt Lake
City, Utah:
SECTION 1. That Chapter 2 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, 1965, as amended, relating to
definitions, be, and the same is hereby amended by RENUMBERING
Section 51-2-17.1 defining "Decibel" and ADDING as Sections 51-2-
17.1 , 51-2-17.11, 51-2-17.12, 51-2-17.13, 51-2-17.14, 51-2-17.15,
51-2-17.16 definitions for types of day care facilities; and
AMENDING Section 51-2-34 defining "Home Occupation". Said
amendments shall read as follows:
Sec. 51-2-16. Coverage. * * *
Sec. 51-2-17.1. Day care. Persons, associations,
corporations, institutions or agencies providing on a regular
basis care and supervision, (regardless of educational emphasis)
to children under fourteen years of age, in lieu of care and
supervision ordinarily provided by parents in their own homes,
with or without charge, are engaged in providing child day care
for purposes of Title 51. Such providers and their facilities
shall be classified as defined below and shall be subject to the
applicable provisions of Titles 51, 18 and 20 of these
ordinances, and applicable state law.
Sec. 51-2-17.11. Day care centers (nurseries, preschools,
etc.). Persons, associations, institutions or agencies, which
provide day care for three or more children and/or educational
opportunities for children under age seven (7), for periods of
more than four (4) hours in any one day. Small group day care
centers operated in a provider's home may qualify for
classification as registered home day care or registered home
preschools.
Sec. 51-2-17.12. Day care, hourly centers. Any day care
center, provider, or other facility where day care and/or educa-
tional opportunities are provided for three or more children for
four (4) hours or less in any one day. Small group hourly day
care centers operated in a provider's home may qualify for
classification as registered home day care or registered home
preschools.
Sec. 51-2-17.13. Day care/Preschool. A person,
association, institution or agency which advertises itself as a
preschool and which provides care and emphasizes educational
opportunities for children under age seven (7). Notwithstanding
educational emphasis, if a child receives care for more than four
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(4) hours per day, the facility shall be regulated as a day care
center. Small preschools (under 7 children) operated in
provider's home may qualify for classification as registered home
preschool.
Sec. 51-2-17.14. Day care, non-registered home. A person
which uses his/her principal place of residence to provide day
care for no more than two (2) children.
Sec. 51-2-17.15. Day care, registered home. A person who
uses his/her principal place of residence to provide day care for
small groups in excess of two children. The group size at any
given time shall not exceed six, including the provider's own
children under age six. The group shall not include more than
two infants (under two years) or additional school age children
unless in compliance with state regulations applicable to group
composition. A registered home day care may be conducted as an
hour center or day care center depending on whether any child
receives day care for periods exceeding four (4) hours per day.
Sec. 51-2-17.16. Day care, registered home preschool. A
person who uses his/her principal place of residence to provide
educational opportunities for pre-grammar school age children
(under age 7) in small groups. The group size at any given time
shall not exceed six, including the provider's own children under
age six. If any child, other than the provider's, remains for a
period in excess of four (4) hours, the preschool shall also be
considered as a day care center and be subject to applicable
regulations.
Sec. 51-2-17.5 Decibel. * * *
Sec. 51-2-34. Home Occupation. "Home Occupation" shall
mean any use conducted entirely within a building and carried on
by persons residing in the dwelling unit. This accessory use is
clearly incidental and secondary to the use of the dwelling for
dwelling purposes and does not change the character thereof and
in connection with which there is no display, no stock in trade,
and no employees. Said home shall be the principal residence of
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the occupants. The home occupation shall not include the sale of
commodities, except those which are produced on the premises, and
shall not involve the use of any accessory building, yard or
activity outside of the main building.
In particular a home occupation includes, but is not limited
to, the following: The use of the home by a physician, surgeon,
dentist, lawyer, engineer, or other professional person for
consultation or emergency treatment, but not for the general
practice of his profession; the occupation of a dressmaker,
milliner or seamstress who has no assistants; the occupation of a
musician who teaches voice, piano or other individual musical
instrument limited to a single pupil at a time; and non-
registered home day care as defined in Section 51-2-17.14. In
all cases where a home occupation is being engaged in there shall
be no advertising of said occupation, no window displays or signs
except as hereinafter permitted, and no employees employed other
than persons residing at the residence.
Home occupation shall not be interpreted to include the
following: barber shops and beauty shops; commercial stables;
kennels; real estate offices, other than an individual in his own
home as outlined above; or the teaching of dance to more than one
pupil at a time; band instrument instruction in groups; and
registered home day care or registered home preschools.
Sec. 51-2-35. Lot. * * *
SECTION 2. That Chapter 6 of Title 51 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to provisions
for transitional zones, be and the same hereby is amended by
ADDING Section 51-6-14 relating to a special exception providing
for child care in residential districts.
Sec. 51-6-14. Special Exception--Child care in residential
districts. Where not otherwise authorized by this title, when in
the opinion of the Board of Adjustment the interests of the
community will be served thereby, the Board of Adjustment may
permit as a special exception residential districts to be used
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for providing child care pursuant to the following provisions and
procedures:
(1 ) Non-registered Home Day Care. Non-registered home day
care, as defined in Chapter 2 of this title, may be conducted in
the home of the provider of care as a home occupation, subject to
the restrictions set forth for home occupations specified in
Section 51-2-34 of this Title. No business revenue license or
conditional use permit shall be required.
(2) Registered home day care and home preschool
facilities. A person desiring to register to operate a
registered home day care or registered home preschool facility as
defined in Chapter 2 of this Title in their home in a residential
district, as an accessory use, must obtain a conditional use
permit from the Zoning Department and a regulatory permit from
the Health Department. The permittee is also responsbile to
obtain appropriate licensing where applicable from the State of
Utah under Sections 55-9-1, et seq., Utah Code Annotated, 1953.
(a) Zoning conditional use permit. Application. An
application must be submitted to the Zoning Department for a
special non-transferable conditional use permit. The fee
for said permit shall be ten dollars ($10.00). As a part of
the application, the applicant must submit documentation
demonstrating that:
(1) The applicant resides at the home in which the
business will be conducted;
(2) At no time shall the applicant provide home
day care or home preschool services for a group of
children exceeding the maximum specified by Sections
51-2-17.15 and 51-2-17.16. The ages and number of all
children being cared for or participating shall be
stated together with the period of time each child is
or will be under the applicant's care each day.
(3) Description of services to be offered.
(4) Declaration as to whether based on period of
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care per day, applicant desires to be considered a day
care center as opposed to hourly care center.
(5) The outdoor play area for the home day care or
home preschool shall be located in the rear or side
yards of the home for the protection and safety of the
children and for the protection of the neighborhood.
If such yards are fenced, the fences must comply with
zoning ordinances.
(6) The applicant and permitee of a home day care
and/or home preschool must agree to conduct the service
in a manner of a home occupation, to-wit: There shall
be no advertising of said occupation, business or
service, no window or other signs or displays, no
employees, no use of any accessory buildings, and no
play or yard equipment located in the front yard. The
use of the home for the services of providing child
care shall be clearly incidental and secondary to the
use of the dwelling for dwelling purposes and shall not
change the character of the home or the neighborhood.
(7) Applicant shall agree to abide by standards
set by the Health Department under Chapter 13 of Title
18 where applicable.
(8) That the care and supervision of the children
be conducted in a manner which is not a public nuisance
to the neighborhood.
(9) Proof of appropriate licensing from the State
of Utah where applicable, or basis upon which exemption
therefrom is claimed.
(10) Names and addresses of record property owners
of land surrounding applicant's residence as reflected
by an ownership plat. It is intended this shall
include owners of property situated within an 85-foot
parameter around the parcel containing applicant's
residence.
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(11 ) Once granted, a permittee may request annual
renewal by submitting an application with any updated
information and a renewal fee of $1.00. A renewal may
be approved administratively by Zoning Director
finding: (1 ) apparent compliance with criteria and (2)
the absence of any pending complaints against the
permittee. Should any complaints be pending or
unresolved, action of renewal shall be stayed and
deferred until resolution of the complaint.
(b) Hearing, wavier and permit issuance. The initial
application (non-renewals) for a special exception
conditional use permit to operate a registered home day care
or registered home preschool as an accessory use in a
residential district shall be subject to the review and
approval of the Board of Adjustment to assure compliance
with standards set forth above. After the Zoning Director
determines an application appears complete and in
compliance, the application shall be scheduled for a hearing
and review before the Board at one of its regularly-
scheduled meetings. Notice of the meeting will be mailed to
the adjoining property owners listed on (a)(10) above at
least one week prior to the meeting. However, said hearing
and review by the Board may be waived and conditional
approval issued by the Zoning Director, if the applicant
presents with the application, the signature of said
surrounding property owners specifying they consent or have
no objection to the proposed accessory use. The consent and
signature of one party appearing of record will be held
sufficient to give constructive notice to all parties
holding interests in the parcel and to constitute consent
for said parcel. Hearings or consents are not applicable or
required for applications for renewals which may be granted
on a staff review as described in (a)(11) above. Approval
will be subject to obtaining a permit from the Health
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Department before Zoning may issue a conditional permit or
renewal.
(c) Post permit review and hearing. Inasmuch as
approvals of initial permits and renewals are based upon
representations agreeing to comply with standards set forth
above, issuance of the permit either administratively, or
after hearing by the Board, will be subject to the
continuing jurisdiction of the Board. Review by the Board
of Adjustment may be requested by the petition of any
administrative officer or adjoining property owner (under
(a)(10) above) alleging failure by the applicant and/or
permittee to comply with the standards set forth above.
Said petition shall state in particularity the supporting
facts and details justifying the review for non-compli-
ance. Said review shall be conducted by the Board of
Adjustment, after giving at least seven days written notice
of the hearing to the permitte, surrounding property owners
and each petitioner. Upon review, the Board may enter an
order as it deems appropriate, disqualifying the eligibility
of the permittee for renewals or reissuance of permits,
ordering compliance, revoking or suspending the conditional
use permit, and/or any other necessary administrative or
legal action.
(d) Day care centers, nurseries and preschool. All
child day care centers (including hourly care centers),
preschools or other similar child care faciliites, other
than registered home day care and registered home
preschools, providing child day care shall be considered a
business requiring a business revenue license issued only
after the prior approval of the Zoning Department and a
regulatory license from the Health Department.
(1 ) Special exception in "R-1" through "R-5A"
districts. Where not otherwise allowed in residential
districts, a children's day care facility, including
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f r:y
centers, hourly centers and preschools (other than
registered home day care or preschool) may apply to the
Board of Adjustment for a special exception to conduct
its business in a Residential "R-1" through "R-5A"
District provided:
(a) Said business is conducted as an accessory
use within a church building(s), community center,
public or semi-public buildings, or public or
private school institutions providing full
curriculum to children of grammar school age or
older.
(b) The permittee has obtained approval from
the State of Utah, to operate the proposed facility
in compliance with state regulations, and is other-
wise in good standing with State, or is exempt from
such regulations.
(c) The maximum number of children which can
be cared for at a given time in the facility (as
determined by the health department on the capacity
of the facility or otherwise specified by the
State) is specified and may not be exceeded.
(d) That the building site must provide
adequate space for off-street parking of parents
and staff and safe off-street areas for dropping
and picking up children.
(e) That the manner of operation or the care
or supervision of the children and related activi-
ties does not constitute a public nuisance in the
neighborhood.
(f) The Board of Adjustment may impose such
reasonable conditions related to the operation of
the proposed centers including maximum numbers of
children to ensure the purposes of this ordinance
are preserved.
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SECTION 3. That Sections 18-13-1 through 18-13-13 of the
Revised Ordinances of Salt Lake City, Utah 1965, relating to the
to "children's care centers", be, and the same hereby are,
AMENDED to read as follows:
Sec. 18-13-1 . Definitions. For the purpose of this chapter
the following phrases, terms and words shall have the meanings
herein given:
(1 ) Day Care Center. Children's day care center shall
mean any nursery, person, association, corporation,
institution, or agency which provides care and supervision
for three or more children under 18 years of age in lieu of
care and supervision ordinarily provided by parents in their
own homes for periods of more than four (4) hours in any one
day with or without charge. Registered home day care and
registered home preschools, (defined in Sections 51-2-17.15
and 17.16), may also be included if children are cared for
more than four (4) hours per day. Hourly day care centers
are excluded.
(2) Hourly Day Care Center. Hourly day care center
shall include any day care center, registered home day care
or registered home preschool (as defined in Sections 51-2-
17.15 and 51-2-17.16) or any nursery, person, asssociation,
corporation, institution or agency which provides care and
supervision for three or more children under 18 years of age
in lieu of care and supervision ordinarily provided by
parents in their own homes for periods of less than four (4)
hours in any one day with or without charge.
(3) Preschool. Preschool shall include any registered
home preschool and/or, any person, association, corporation,
institution or agency which advertises itself to be a
preschool and which provides care and educational facilities
for children under seven (7) years of age with or without
charge for less than four (4) hours per day.
(4) Exemption. * * *
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Sec. 18-13-2. Regulatory Permit Required. It shall be
unlawful for any person to conduct, operate, carry on or maintain
a facility providing day care as defined in Section 51-2-17.1, et
seq. without having a license issued by the State of Utah, if
applicable, and a regulatory permit from the Health Department.
It shall be unlawful for any person to operate or carry on an
hourly day care center or preschool without first obtaining a
permit from the Salt Lake City-County Health Department to do so.
Sec. 18-13-2.1. Business License required. It shall be
unlawful for any person to conduct, operate, carry on or maintain
a children's day care center, hourly day care center, or
preschool, excluding registered home day care or home preschool,
as herein defined, without additionally obtaining a business
license from the Salt Lake City License Department.
Sec. 18-13-3. Application for license or Permit. Every
person desiring to obtain an hourly day care center, preschool or
day care center license excluding registered home day care and
registered home preschool shall make an application to the
license department of Salt Lake City. Every person desiring to
obtain a conditional use permit for registered home day care or
registered home preschool shall make application for permits to
the Health and Zoning Departments of Salt Lake City. Said
applications shall include such information and data under oath
respecting the classification and use for which the license or
permit is requested as the License, Zoning or the Health
Departments may prescribe, including a description of the child
care facility and services and a statement of the personnel
programs that are to be used therefor.
Sec. 18-13-4. Fees. The Health Department permit fee for a
registered home day care or a registered home preschool (defined in
Sections 51-2-17.15 and 51-2-17.16), shall be one dollar ($1.00) per
annum or any part thereof. A regulatory license permit fee for
all other child care facilities, including hourly day care
center, preschool or day care centers other than registered home
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day care or registered home preschools, shall be $15.00.
Sec. 18-13-5. Referral to Health department. Upon receipt
of an application for a permit for a registered home day care or
a registered preschool, or upon the receipt of an application for
a license permit for a facility providing child care or preschool
services, said applications for permits and/or licenses shall be
referred by Zoning or Licensing Departments to the Health
Department.
Sec. 18-13-6. Issuance of permit upon inspection of
premises. Upon receipt of an application for a permit or
license, the director of the Health Department or his authorized
representative, may make an inspection of the premises to be used
as a child care facility. If the premises are found to be in
compliance with the city ordinances and rules and regulations of
the health department, a permit shall be issued by the Health
Department approving the use of such facility, subject to zoning
approval. The Board of Health shall cause a copy of such permit
to be filed with the license or zoning department. No license or
conditional use permit shall be issued without a copy of the
regulatory permit or the written approval of the Health
Department. Any license issued without approval from Zoning and
Health Departments is voidable. In the event the premises upon
such inspection are found not in satisfactory compliance with the
ordinances and the rules and regulations of the Health
Department, no such permit shall be issued and no license or
conditional use permit shall be issued.
Sec. 18-13-7. Duration of license. The licenses and
permits provided for in this chapter shall run from the original
date of approval to December 31 of the year in which it is
approved. All renewals shall run for a 12-month period starting
January 1 and ending December 31 of each year, unless sooner
revoked.
Sec. 18-13-8. Suspension and revocation of permit and
license. The permit issued under this chapter may be suspended
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,t('i
or revoked by the director of the Health department upon the
violation by the holder of any of the terms of this ordinance,
whereupon the permit issued shall automatically be suspended or
revoked. Except as hereinafter provided, the suspension or
revocation of said permit shall take effect thirty days after
written notice by the director of the Health Department to the
permittee advising the latter of the contemplated suspension or
revocation and setting forth the reasons for such action.
Sec. 18-13-9. Id. Hearing. At any time before the suspen-
sion or revocation date, permittee may request a hearing on said
proposed suspension or revocation before the Board of Health
which board shall pass finally upon the matter of such suspension
or revocation. The notice to the permittee, hereinabove referred
to, shall advise him of the right to such hearing. Action by the
Board shall be referred to Zoning and Licensing Departments.
Sec. 18-13-10. Id. Emergency. Hearing waived. When in the
opinion of the director of the Health Department there exists an
emergency which may endanger the public health or safety, the
director of the Health Department is empowered to declare an
emergency and immediately suspend any or all such permits as may
be required, without a hearing or prior notice.
Sec. 18-13-11. Operation without permit daily offense. The
operation of any child care facility without having in full force
and effect required permits and license from the City to operate
shall be in violation of this chapter and each day of operation
without such permit being in full force and effect shall he
construed as a separate violation and punishable as such.
Sec. 18-13-12. Plan approval required for new or altered
facilities. * * *
Sec. 18-13-13. Inspection by Salt Lake City-County Health
Department. It shall be the duty of the director of the Health
Department or his authorized representative, to visit and inspect
all hourly care centers, preschools, and day care centers for the
pupose of determining the sanitary conditions therein and to
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determine whether the same are being conducted in compliance with
this ordinance and the rules and regulations of the Salt Lake
City-County Health Department.
Sec. 18-13-14. Posting and filing of results. * * *
SECTION 4. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 29th day of November , 1981.
��CHAI "4
ATTEST:
WYA
CITY REX R
Transmitted to Mayor on November 30, 1981
Mayor's Action:
/' jAy
MAYOR
ATTEST:
C�w /v
CIT DE
/R
(SEAL)
BILL 78 of 1981
Published November 1, 1981
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1;
ATM
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
Shana D. Conaty
SALT LAKE 7o+ni'"ARGE6 Being first duly sworn,deposes and says that he is legal advertising
(Child Gera Facilities/
r!� SALT
TRIBUNE,
AN ORDINANCE AMENDING CHAPTER 2 LA TITLE Si Clerk of THE SALT LAKE a daily newspaper printed in
OF THE REVISED ORDINANCES OF SALT LAKE CITY,
RENLIBEE RELATING FI ZONING DEFINITIONS TO
RENUMBERING THE DEFINITION S 'DELI ETS TQp.
SECTION
ECTION 5 TODAY CARE EACIUOTNESSANP PMENDIN, the English language with general circulation in Utah, and
;Wan OF HOME OCCUPATION IN SECTION 51-
2-31r ADDING SECTION 574-14 RELATING TO A SPECIAL EXCEPTION PROVIDING FOR CHILDCARE IN RESIDEN- published in Salt Lake City,Salt Lake County,in the State of Utah.
TIAL DISTRICTS: AND AMENDING SECTIONS 1ION1
TPPLICA El-nu RELATING TO THE C DEFINITIONS
RELATED USS ASi APPLIED UNDERREHEALTHR ORDI.'
NANCES.
WHEREAS,it.Is the desire of this Council to recognize the
need for the providing of-quality child care within our commu-
nity:
grou a� That the legal notice of which a copy is attached hereto
WHEREAS;It is the feeling of the Council that small
grave care resldeoti'd ilhily homes can provide a rhood-
it utmdI i senate wltnm me rrhood d arohhsrnwds Pub notice of Ordinance #78 of 1981 (Child Care
without glbr pone n mal elehnorhoad characteristics If
praperte Sand Sefeg gf, are respected'and
WHER 45,.Ites snp deoro of Ina Council ig hat desire
fa
the Provide,as;ceesso:lc existing
community
Iscaleechild caretwaodoea-
Ronal fa tted:N' e parking,traffic,
residen„maracierioi Facilities)
the ne:ir=1:2d without
was published in said newspaper on Noy.....l......],9.b1
Legal Ad,lrtising Clerk
Subscribed and sworn to before me this 4th day of
Nov. A.D.19 81
Notary Public
My Commission Expires
Feb. 11, 1982
THEREFORE,be it ordained by the City Council of Salt
Lake City,Utah
SECTION I.That Chapter 2 of Title 51 of the Revised Ordl-
oiSa aLnd
City,Utah,here,as amnde b relating to- char signs or plsplays,rp amp ayes no use of an a
tleflnitlons,be, the2-i same Is hereby amended by REDIN as Carldin he antl no PI o egulpmno located c r
• BERING Sa110n 51-2-17.1 defining"D.lbel"and ADDING d.The use of the home foorr the services i he front Sections 51-2-17.1,definitions fo!teir of deI cafe taCllifles; atlwell Ong for homeOf a the al l agree to
gda Tile char-
Sec.51-2-16.Coverage.•'• toe H /e)Applicant shall agree ha abide by standards set
ealih Department under Chapter 13 a Title 19
Sec,51-2-17.1.Oar Care.e Persons,g associations,mrpera- PIIca01e.
clone,in.suuervs or regardl ss providing are phi bais)to (d)That the care and supervision Of th here
c ntl supervision,(regardless of educational care and to contlucretl in a e chiltlren be children under fourteen Years 0/age,In lieu of care and Su- neighborhood, manner which Is.n01 a public nulserlce to the
w rvisl°n ordlna ha evlred e y parents In their own homes, att (9)Proof appropriate licensing Rom the Slate of
with Or charge,withoutt aregaged In providing child day front where applicable,or basis coon which exemption here-
C tar r 3 5 e Title Si.Such providers and their facili-
ties shall be classified as defined below and shall be subl at to (10)Names antl addresses of record
the applicable
nd provisiable ons
law. property
51,111 end 20 of these oral.I CO landplpl r ding applicant's residence as 1 eenitbOwneh
Sec.51-2-h7.11.Day care centers(nurseries,preschools, caner tarn It is Intended this spell Include ^area%
Percy sltuaretl within an nd non parameter around the par-
etc.). Persons,associations,Institutions Ora alas,which eei confalning applicant's resetlence.arovide day care for three or more children and/or education. waltbvisabm grante, as ay request
opportunities for children under age seven(Ti,for periods ran ce glen annual of mare than four(d)hours in any one day.Small group day molten en a a^appliSt 20n vI`h any Updated Inter-
classl1iCati0n as registered homecam center operated In a )days home may qualify for
care or registered home earvo yam Ini3traflvelY b lfefla'rae OIAreCfo arMlnpY(jj ap.
•
rPll a ace walla (
centerpreschSec.go 2-17.12,Day Care hourly centers.Any day care talnfscbe pe�tlinasorgd�ras the pection hSeWld aaanyyOf any
center,provider,or other faculty where day care and/Or edun' slaved antl deferred µail resolution of the Crmpinnfal shall be callonei opportunities are provided for three or more children (bl Hearing, ter are
for four(4)hours or less in any one day.Small group hourly apart leaden(non-reneuyal5/for a special e O00notn eTonee initiala day care centers operated Ina provider's home may qualify' permit M operate registered home day care or tloegi
for classification as realsterM home Ool care or registered tared home preschool as do accessory Use in a rcare otlal dis-
home preschools.institution
Dayshot shAl be sublecf to the review and approval of the Board
scSec.itutio7.13.age Care/PreYhW1.a person,ass re- f AOe mrfnenf M assure comprance with SMnuards set.wet
hool^andutwhichr roaides carte hand emphasizes educational a pears cfomelet°antl In Dire llancee er apaandard an o shallops
ing educational opportunities recpilhasis dren under
ar child receiv seven es tare florsmore IfsAregularlvrscbra c C hoed review pafore the Board at one a/than four(41 hoes per day,the facility shall be regulated as Ilea fp the adielning otiose.y neon of the meeting Will be a day care center.Small Preschools fonder]chiltlren)operat-
ed Bove at least one week entry to the mot,^gsiod on e alUS,
In provider's home may qualify for classification as regis-
tered home preschool. :renal approval 155ued by the Zoning Director,I/}
Sec,51-2-17.14.Day care,non-registered home.A person esenfs with the application,the signature of sand Sur olunnt
which uses his/her principal Place of residence to provide day
Ins property owners sped(1
Care for no more than D y care,(r)cregiste. I alien 10 the phapr3e accessory use.yTheceonsenlpah0 goo ebleC-
seshis/hler prlincipal pce of registered
nce to provide rdaynare s stru°live ntotted
o all(reCOrd will b¢haltl sufficlesi to give e
for small groups In excess of two children.The group sire at and to CongHrufe Consent of ids holding interests In the parcel
n civen Iltyle hildren under ll not ags six„The group shall nal}Include provider's
hich tmayl pr bps 0 r oulred t raaaplllcetlons SorreneWeis
than two
ouinfants in compliance two
oeyears)
Srdte additional
bans school
age fal(fropa11)above.Approval will bersublec110 obtalnlnq art ft
No al the Health department before Zoning may ISSUoa 000dl-
cblehi children
n unlcomposition.sincoplA registered home day Care maybe parrot!Or rereWdl.
conducted as an hour ccenter or day care center depending on (c)Post permit reulew and hearthq.Inasmuch 85 op.
fNether any child receives day care for periods exceeding scnfalf of Initial unrmlr0 and renewals dee based Upon rep op.
our(4)hours Per day. a e '^Sniaolons oareeing tO comply wfth standards eei forth above,
Sec,51.2-17,16.Day c registered home preschool.A e of he permit either adminlsfrtively,Or aHer h
norson :ho uses his/her principal pace Of residece to aro-' 9 he ec Board,will be sublKf to}he cortlnuing Iafter hear
vide educational opportunities for pre-grammar school age ce the ed pod.Review by the Board of AtlluScmerll
ctirin
children(Under age 7)In small groups.The group Size at any r g inn ed petition of any adminlstr st Oe ter Or ho
children n under age six not %If exceed
six,
other thaing n Ile prrovider s�' pvnlhe If ant dndjprurdsr(d)(10J above)allaging IdIIVre
r tales fora period In excess of lour(4)hours,the preschool dads set forth above.Saltl rmltfee fo comply with ihs sian-
snall also be considered as a day care center and be sublect to
foe sUPpvrtl^9 farts and delBil6tlosrif tote thB review fOltllrOt 1
appl lcable regulations. conollanC .5ald r view:tittle
nag be conducted by the Beare of
Sec.51--2-4.hums Occupation.
he nearing to toe glum ltlse,seast s n er Cats by the notice o7
Sec.51-2-34,Home Occu tlreiy "Nome Occupation"shall
mean any conducted entirely within a bullell and car- each peliti0^er.apon ylew,he Boded Pmayaenfe Wnoes aand
rNd on by persons residing In the dwelling unit.This a of theo- pe 1 dents error Orlate,disqualifying the ell ibfllry of her dwellingzfor dwellings Incidental
aoses and d secondary
changee uthe of
cnrmanepeforevoklnq o5r rr relssuance of permits,°rat the actor thereof and In connection with which there Is no display, ffos• tl/or any I
ther suscending the Contlillonal use tin stock In trade,and employees.Said home shall be the n¢Cesseep tlminlslrallve or lapel ac-
shall not
increslude
death of atte commodits.The home hos which day (tlo Day car centers,nvseries antl preschool.All Chlltl
n
ore r f Inclutle the sale o}commodities,except those which enters lb0luding hourlycare Centers),preschoolsr produced on the premises,antl Shall not involve the use of rotherslmllerahallo faclllfies,otherIhdnyy ccessory builtlhg,yard or activity outside of the mainphlizl day tar eglstered pane preuhools, glslerld
bull I ng. c s dayare sha Oercutoldered a business r ^oulding In Particular ollowl a home occuse at t Inclu es,but Is not limi,sot, s s evenue license 15sued Only aHer the prirgor sr eaovai of l
ed to,the following:The use of tee home be a physician,sur. Heel t Ospa Deeartment and y 'it/
gem,dentist,lawyer,engineer,o other professional person a reeularor IIcense from I
fdie
or consultation
o ll lcelof his emergency
trthe eatment,I loot a dr the
gen.nak- (I)Special xceprion In"R-I"through
milliner Or seamstress who has no assistants;the accord- Chiltlren'z ddYnearet tiacllily,allowed g^te�leesnh d�"'tat'
R-SA-'e.—a
lion of a musician who leaches voice,piano or other individual a d presch WIS(other than registered home day are spec'.musical Instrument limited to d single Wpll at o rime; d exroeugh nR afro
apply t0 he Board of Adiusiment fore ,el
non-registered home day care as atios In being
n e51-2-17.14. plsiticflplOvj ca ass In a RCsltl¢nllal�'Ret-i•
in allwhere home occupation IS be1nB ergwed In Cap SA'•
there shall cases
no advertising of Id occupation,no window
within (a7 Sad business is Oductep Y
displays or Signs except as hereinafter permitted,ane s church builtling(s),arm oily n^ferCeus bll use N omen employed other then persons residing at the resi-
dence.
P private scfool fn311futlrns Home occupation shall t be Interpreted to Include the ro Itlin9 full currtulum 10 clrlltlr¢n rr grammar 5[pOpl age
0 Oltler.
following:barber shops and not
shops;commercialIvIdc sta. (b)The p rrmifre¢has Wtalned vet from the
Ales;kennels;real estate offices,other than an ndividua in Stale of Utah,ie operate toe proposed Nullity In cot
his own home as ouined above;or the teaching of dance to State, epernpt l'ir,and Is otherwise in good sfantling Wire
more than one pupil of a time;bond orerament instruction In State,or Is exempt}rem such r la with
goups;and registered home day Ca r registered home (c)The max mum r meet,of c
preschools. died for at given films In the ucrllif children which can be
Sec,51-2-35,Lot.'•• health rieb trace o on the caeoP f t(as tlefnrminO by the
SECTION 2,That Chapter 6 of Title 51 of the Revised Ordi- specified by he Sratel Iz sconitiey a d the lno be'°r°her 150
oc Salt Lake City,Utah,1965,relating to provisions for (d) That he building and may mus not be dece lfa°
transitional zones,O'and the same hereby is amended by Sneed for off-street parking 0/parents and 5 ofllone sefepedare
ADDING S.tlon 1-6-14 relating toa special exception provld- street areas for dropping antl piCkinO up chllttren, off-
Ingfor childcare In residential districts. le7 Thaf the manner of Operation Or the care or super
Sec.51-6.14.Special Exceplso ended care Inresidential,whe l vision of the thlldre^antl related atflvlfles tlpe5 not tonstltufe
districts.Where not otherwise authorized by this title,when in e a public nuisance In the 0hho haoa.the opinion f the Board f Adlusiment the Interests of the (f)The Board Of AQiustment may ImpeSe such reason-
m0 ormiunity will be 5cial xce pion,the Board of t ices to Ste Incllutlin9 sml acieruamt sur7oes of rations nofohe reoenfhd purppas
v permit as aa special exception resltlethe districts to be s of this ar Ment
used for providing child care pursuant to the following provi-
sions a SECTIONStllnance are at prespryed,
ni
t)hNon egistered Home Day Care.Non-registered home Revised d ance5hof Salt Lakelei,i through let-13.13 of the
day care,as defined In Chapter 2 of this title,may be conduct- the laren's care centers",be,City
he salmOherebyra ai
ed In the home of the provider of care as home occupation, AMENDED to read as follows:
flbidet to the restrictions set forth for home no raveacupatIons specs- the allow^o PhraDef initione For thewo purposes i of MI etmeanr
ced In Section 51-2-34 of this Title.No business revenue license inOu herein given;
o conditional use permit shall be required, 'In
Oa(2)Registered home day care and home preschool faclli- an a v no Care Center.ahlltlren's day tare center shalt
ties.A person desiring to register to operate a registered r5¢ry,peh50n, ssociaelan, Orpprd110n,Ins/ItU-
home day careregistered tare home preschool facility de- /loom�'aaency Which prpvdos care antl supervislW Mr IhrI0
fined In Chapter or of his Title In theft home Ina residential or o e chiltlren deh 18 y dos M age In Ilea OI car¢and
district,as a accessory use must obtain a conditional use
fo pert ds f mpmrliy prrvltled by saran}$In theIr own homes
permit from the Zoning Department and a regulatory Permit
pPlioch of more than four(q)AOVrs In are one day Wilh er
from the Health Department,The permitted IS also responsible rihoUt charge. Reolsteretl home day eglsieretl
10 obtain appropriate licensing here applicable from the home Preb fOdls.(defined In$etflans Sle- rd
State Of Utah under Sections SSA 7,et Seq.,Utah Cede Anno- Y also be In<luped It Cplicin are Carer kr7mlorand
fnan7%Wr°
fated,1953. (41 hours per ddV,Hourly day care centers are excluded.
(a)Zoning conditional use Permit.Department
t An forappli.said
spell inslutlerdny tlay Cereecentee rreuiirered Home Cav rather
cation must be submitted to the Zoning Oppp icteM fora see
pcer non-transferable berlen dollars
conditional a omit.t of fee saltl °r eglstered home p eschWl(as Oeflnetl In Saibns 51-u-17.15
omit shall fe ten dollars ional use
As a part Of the p said nrl 51-2-17,16)or asses lallon,Crrppro-
tl°n,the applicant must submit documentation demonstrating• rsio^ 1n5})tutloo Or aoene swhlch rovkles Care and sUpeNl-
that: ., n en three or more chiltlren urzrer'le ysare Of age In lieu Of
(11 The applicant resides at the home In which the carp and super per,o Ordinerlly provided by parents In their
business will be conducted; n homes for periods of less Mani'four(41 boors In any one
(2)At no time shall the applicant provide home day day
with
or
without on:
care r home preschools Ices fora group of children ex- 101 ProsCha01.PreScbed spell Include a registered
1adding the maximum specified by Sections 51.2-17.15 end 51-2- home preschool antl/Or,am person,assalaflon nOoreordllon,
7.16.The ages and number of all children being Cared for Or Insniutlon or agency wM1lch ativertises Itself to be e preschool
pparticipating shall be stated together with the period of time Cod which provides care and educational fatllifles/or chiltlren
each child Is or will be under the aOPikdnl'S Care each dev, der seven(7)spars f age wih or Wlfhoui Charge for Iers
(3)Description of services to be offered. Than four(4)hours Per lab Declaration ash whether based On period Of care (4171°37 ion.`••
per day,applicant dashes to be considered a day care Center Sa n opy2,le gu Mrory Permit Required,It shall be un-
soppesed to hourly tare center. lawful far any person l0 ce^d°Ct,eperata,Carry en or main-
(5)The outdoorllbelocated ca ea}h the home dey ards or lit,etoacoorl�tY ithouf hay 88 a lie as tleflned In Salton 51-u-
the h Pre er th shall c a the rear or etch yards of coned Issued by the Sidra of
the home for the the
and safety of the ids are and for
Utah,It applicable,and a eoulaipry permit from the Neahli
the protection of the nelghberhaed.If such yards are IeMeO. Dear imeni.N shell be vnlaWful for any parson M operate pr
he fences must comply with zoning ordinances. tb1�111�g a n hourly tlfr to on center' r preschool without first
(6)The applicant and permltee Of a home day iCare n a permit from he Salo Lae CIfy'Crunty Heal"
and/or home preschool must agree to conduct the service DeParlrllenf t0 Up 5a,
ilsinsr of a home oCcup,idn,coewlt:There shall be no adver.
eol said occupation,business or service,no window or
Sec.10-13-7.1.Business License required.It shall he u
lawful for any person to Conducts operate,carry o main-
tain
a chIldren's careenter,hourly day careenter,o
preschool,excluding regitered home day care or home pr school,as herein defined,without additionally obtaining
business license from the Salt Lake City License Department.
Sec.18-13-3.Application for license or Permit.Every per-
sdon carelceiterbtain an license excluding registered)center,preschool
and registered home preschool shall make an application to
the license department of Salt Lake City.Every person deelr-
tog to obtain a conditional use permit for registered home day
perm Srt to)the rHealth and Zoning Departmeh Departments application ake
City.r Said applications shall include such Information and
datthealicense or r permih t isnrequeste the d classification
then and LicenseSe for,Zoningch
or
the Health child care fact ityyand sseerviiccesnandaastatement'of
the personnel programs that are to be used therefor.
Sec.18-13-4.Fees.The Health Department permit fee for a
registered home day care Or a registered home preschool(de-
fined in Sections 51-2-17.15 and 51-2-17.16),shall be one dollar
151.001 perany part thereof.A regulatory license
permit fee for an other child care facilities,including hourly
registered center,
omef daily caner registschool or ered hom care e preschools,oher shan
ll
be 515.00.
Referralalii o fldegietll of an ppicatoncrrntora registered home day care
foror aarlicenseed perrmitptee a faciity providing child car n the receipt of an f icatIon
e or
hool services,said applications for permits and/Or licenses
shall be referred by Zoning r Licensing Departments to the
Health Department.
s.Uponec.1 Beceipt4.i Issuance
applicationt far anperm tsar license,the
director of the Health Department or his authorized represen-
tative,may make an inspection of the premises to be used as
a child care facility.If the premises are found to be in compli-
anceIth the city ordinances and rules and regulations of the
healh department,a permit shall be issued by the Health
Department approving he use of such facility,sublect to zoo•
q approval.The Beard of Health shall cause a copy Of such
Permit to be filed with the license or zoning department.No
license or conditional use permit shall be Issued without
copy of the regulatory permit or the written approval of the
Health Department.Any license Issued without approval from
Zoning is pemiisesr upon uch ltl Health Inspections are found d In t inlhetisfactory
compliance With the Ordinances and the rules and regulations
of the Health Department,no such permit shall be issued and
no'Icense or conditional use permit shall be Issued.
Sec.18.13.7.Duration of license.The licenses and permits
ovided for in this chapter shall run tram the original date of
allrval to Dr 31 a1he oear l which
JuAenewalsshall un for 2-month period starting approved.
I and ending December 31 of each year,unless sooner re-
voked.
Sec.
et The permituisssued undernsion this chatpter ofn permit
beisuspeend-
edoor revoked by the director of the Health department upon
the violation by the holder of any of the terms of this moll.
nance,
hereupon the permit issued shall automatically be
suspended Srrevoked.Except as hereinafter provided,the
suspension or revocation of said permit Shall take effect thirty
days after written notice by the director of the Health Depart-
ment to the
or rrev loctee ation and setting)forth thr ofe reacsensmfor sauch
action.
Sec.18-13-9.Id.Hearing.At any time before the suspen-
ng an
ion or said proposed suspensin on or a oc 11 n requeste may befor the Board rd of
Health which board shall Pass finallyupon the matter of such
suspension or revocation.The notice to the ra Iftee,herein-
above referred to,shah advise him of the r ght to such hear-
ing Action by the Board shall be referred to Zoning and Li-
censing n ing Departments.
Sec 1813-10.Id.Emergency.Hearing waived.When In the
oan pinion of diwhich may tor of the
endangerltthDeepublicmheat lthror safes
dv,the director of the Healfn Deportment is empowered to
eclare an emergency and immediately s peed any or ail
such permits as may be required,without as hearing or prior
notice.
Sec.1of so.Operation without permit daily Offense.The
a effect
of any child care facility without having In full force
and effect required permits and license from the City to oper-
ate shall be In violation of this chapter and each day of opera-
tion tueasaseartloltolsesru be
cotrd spaeyain andpunihabl asch.Sec.18-13-12.Plan approval required for new or altered
facilities.•••
Sec.18-13-13.Inspection by Salt Lake CIty.Ceunty Health
Department.
partment It hisalautthorizedurepresentative,to of viMeandaIt-
forme p�pose of determining the lsanlitary conditions therein
and to determine whether the same are being conducted in
compliance
f Ihel Self Lake Cityso unity Heal and
h Departmlenf.nd repute:Iona
Sec 18-13.14.Posting antl filing of results.•••
SECTION 4.This ordinance shall take effect upon Its first
publication. •
Passed by the City Council di Salt Lake City,Utah,this
29th day of October,1981.
"/Pelm er AIRM N
CHAIRMAN
ATTEST:
Kathryn Marshall
CITY RECORDER
Transmittedto Mayor an October 30,1981
Act
Mayor's Action: /5/Ted L.Wilson
MA`/OR
ATTEST: •
CITY ORDER
(SEAL)
BILL 18 of that
Published Nov.1,192"'