052 of 2006 - Pertaining to child daycare and definitions 0 06-1
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SALT LAKE CITY ORDINANCE
No. 52 of 2006
(Amending Sections 21A.36.130 and 21A.62.040 Related to Child Daycare Standards)
AN ORDINANCE AMENDING SECTION 21A.36.130, SALT LAKE CITY CODE,
PERTAINING TO CHILD DAYCARE, AND SECTION 21A.62.040, SALT LAKE CITY CODE,
PERTAINING TO DEFINITIONS, PURSUANT TO PETITION NO. 400-06-03.
WHEREAS, the proposed amendments are consistent with the purposes, goals,
objectives, and policies of Salt Lake City's general plan; and
WHEREAS, the City Council finds that the proposed amendments are in the best interest
of the City.
NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21A.36.130 of the Salt Lake City Code, pertaining to child
daycare be, and hereby is, amended to read as follows:
21A.36.130 Child Daycare:
Child daycare shall be permitted pursuant to the following provisions:
A. Nonregistered Home Daycare: Nonregistered home daycare, limited to no more than
two (2) children, excluding the provider's children, is permitted in the home of the care provider
in the FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000, R-1/5,000, SR-1, SR-3,
R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, R-MU-35, R-MU-45, R-MU and RO districts.
A business revenue license or home occupation conditional use approval shall not be required.
B. Registered Home Daycare Or Registered Home Preschool: A registered home daycare
or registered home preschool as defined in part VI, chapter 21A.62 of this title, may be allowed
as an accessory use in the FR-1/43,560, FR-2/21,780, FR-3/12,000, R-1/12,000, R-1/7,000, R-
1/5,000, SR-1, SR-3, R-2, RMF-30, RMF-35, RMF-45, RMF-75, RB, R-MU-35, R-MU-45, R-
MU and RO districts as a home occupation special exception pursuant to the provisions of part
V, chapter 21A.52 of this title. The permittee shall also obtain appropriate licensing where
applicable from the state pursuant to the Utah Code Annotated, 1953.
1. Permit-Application: An application for a residential home daycare or preschool must be
submitted to the zoning administrator. As a part of the application, the applicant must submit the
following documentation:
a. The number of children and employees; both total for the day and the expected maximum
number to be on the premises at any given time;
b. The hours and days of operation;
c. Proof of appropriate licensing from the state, where applicable, or basis upon which exemption
therefrom is claimed; and
d. The names, addresses, and signatures of record property owners abutting the applicant's
property and those across the street(s).
2. Standards: All residential home daycare or preschools shall be subject to the standards set
forth in part V, chapter 21A.52 of this title and subject to the following specific standards:
a. The applicant resides at the home in which the business will be conducted;
b. At no time shall the applicant provide home daycare or home preschool services for a group of
children exceeding the maximum specified for such facility;
c. The outdoor play area for the home daycare 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;
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d. The use of the home for the services of providing childcare shall be clearly incidental and
secondary to the use of the dwelling for residential purposes and shall not change the character of
the home or the neighborhood;
e. The care and supervision of the children be conducted in a manner which is not a public
nuisance to the neighborhood;
f. There shall be no advertising of such occupation, business or service, no window or other signs
or displays;
g. No employees other than persons lawfully living in the dwelling;
h. No use of any accessory dwellings for daycare purposes; and
i. No play or yard equipment located in the front yard.
j. It is unlawful for any person to engage in a"registered home daycare or registered home
preschool" as defined in section 21A.62.040 of this title without first obtaining a license pursuant
to the provisions of chapter 5.04 of this code. Prior issuance of said license, the criteria set forth
in this title must be satisfied and all applicable fees shall be paid. All home occupation business
licenses shall be valid for one year, and may be renewed annually, provided there have been no
reported violations, subject to subsection J of section 21A.36.030 of this chapter.
C. Child Daycare Center: A child daycare center as defined in part VI, chapter 21A.62 of
this title, may be permitted as follows:
1. Permitted Use: A child daycare center is a permitted use in the RMF-75, R-MU-35, R-MU-
45, R-MU, RB, RO, CN, CB, CC, CS, CSHBD, CG, D-1, D-2, D-3, M-1, I, UI, BP, RP, A, PL
and PL-2 districts.
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2. Conditional Use: A child daycare center may be allowed as a conditional use pursuant to the
provisions of part V, chapter 21A.54 of this title, in the R-1/12,000, R-1/7,000, R-1/5,000, SR-1,
SR-3, R-2, RMF-30, RMF-35 and RMF-45 districts.
a. Site Requirements:
i. Minimum Lot Size: Twenty thousand (20,000) square feet.
ii. Location Requirements: The child daycare use shall be addressed on and oriented to an
arterial street as shown on the city's major street plan.
iii. Rear Yard Playground Equipment: All outside playground equipment shall be located only
in the rear yard.
iv. Landscape Buffering: Any outside area where children are allowed must be fenced with a
solid fence at least six feet (6') high. At least ten feet (10') from the fence to the interior portion
of the property shall be landscaped in such a way that the area cannot be used by the patrons.
b. Signage: Signs are limited to either one nonilluminated low profile identification sign, or one
"flat sign" as defined in chapter 21A.46 of this part. The size of the sign shall be determined as
part of the conditional use approval.
c. Prohibitions:
i. Residential Demolition: No existing building containing a residential dwelling unit may be
demolished to allow for the construction of a new conditional use facility for child daycare under
this section.
ii. Residential Conversion: The conversion of any existing residential structure or a conditional
use allowed under this section shall not permit any major exterior or interior alterations of the
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building to be made which render the building substantially incompatible with the return to its
use as a residence.
iii. No Variances: The planning commission shall not approve a childcare conditional use
pursuant to this section if the board of adjustment would be required to grant a variance from any
zoning condition.
iv. Six Hundred Feet Proximity: No conditional use allowed under this section may be within
six hundred feet (600') on the same street frontage as another conditional use allowed under this
section.
d. Application: The application for a child daycare center shall include, in addition to
application submission requirements of part V, chapter 21A.54 of this title, the following
information:
i. The number of children, employees, staff or volunteers; both total for the day and the expected
maximum number to be on the premises at any given time;
ii. The hours and days of operation;
iii. The proposed signage; and
iv. The number, location and dimensions of any drop off or pick up areas for either private
transportation or public transportation.
e. Standards: Standards for approval shall include, in addition to standards of part V, chapter
21A.54 of this title, the following:
i. Specific Standards For Child Daycare Conditional Uses:
(A) The lot is of sufficient size to accommodate all required parking in the side and rear yards, or
to the rear of the required landscaped setback in the front yard;
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(B) The drop off and pick up area is designed in a manner that vehicles do not back into a public
street or the stacking or queuing of vehicles will not interrupt traffic flow on the public street;
and
(C)The signage is appropriate for the area.
SECTION 2. That Section 21A.62.040 of the Salt Lake City Code, pertaining to
definitions be, and hereby is, amended, in part, to read as follows:
Daycare, Registered Home Daycare Or Preschool: "Registered
home daycare or preschool daycare" means the use of a principal
place of residence to provide educational or daycare opportunities
for children under age seven(7) in small groups. The group size at
any given time shall not exceed eight (8), including the provider's
own children under age seven(7).
SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah this 11 day of July
2006.
CHAIRPERSON
ATTEST:
EF DEPUTY CI RECO E
Transmitted to Mayor on 7-11-06
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Mayor's Action: r Approved. Vetoed.
AYO
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CHIEF DEPUTY CI RECORDER
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. Tr -- APPROVED AS TO FORM
Salt La :' City • .ttor , sir',
(SEAL) , ` DateCI- U
Bill No. 52 of 2006. P.a� ., s4
Published: 7-17-06 •
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