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Home My Public Portal About2013_09_24_O015The Town of Leesburg, Tirginia PRESENTED: September 24, 2013 ORDINANCE NO. 2013-0-015 ADOPTED: September 24, 2013 AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read as follows: 6.7.2 Use Regulations 1-1 Uses Use Use Standards Definition Commercial Uses Child care center as an accessory use in P Sec. 9.3.4 Sec. 18.1.29 existing buildings Sec. 9.2 Use Table Use Type R E R 1 R 2 R 4 R 6 R H D R 8 R 1 6 R 2 2 0 1 B 1 B 2 B 3 B 4 11 Commercial Uses Child care center S S S STS Use Standard S S S SS S P I P I S/Pl Sec. 9.3.4 9.3.4 Child Care Center A. Licensing & Registration. A Child Care Center shall comply with any and all requirements of the Town and State Codes, including without limitation, obtaining a Zoning Permit, maintenance of a Town Business License, and maintaining a State License in accordance with the State Code, as applicable. B. Compliance. The Child Care Center shall comply with any and all requirements of the County and State Building Codes. C. Recreation Area. A minimum of 4-00 75 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. Such area shall be delineated on a plat submitted with the special exception application. For the purpose of this section, usable outdoor recreation area shall be limited to: -2- AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS 1. The area not covered by buildings or required on -site parking spaces. 2. The area outside the limits of the required front yard. 3. Only that area which is developable for active outdoor recreation purposes. 4. An area that occupies no more than eighty percent (80%) of the combined total areas of the required side and rear yards, exclusive of any minimum required buffer yards. D. Fencing. A fence at least four (4) feet in height shall completely enclose the outdoor recreation area so that children are safely contained inside and that all persons entering the recreation area are within direct line of sight from the child care center classroom areas or from inside the building. E. Play Equipment. No play equipment shall be located within the required yard setbacks. However, the Council may approve an alternate location for smaller child care centers with existing play equipment in residential zoning districts only. F. Recreation Location. Outdoor recreation areas shall be safely separated from parking, loading and service areas such as dumpster pads. G. Parking. Parking areas shall be designed to enhance the safety of children as they arrive and depart the center. A designated arrival and departure zone shall be located adjacent to the child care center in such a manner that children do not have to cross vehicle travel aisles to enter or exit the center. 9.3.11.1 Family Day Homes Family Day Homes for 6 to 9 children are permitted by -right and 10-12 by special exception, subject to meeting the performance standards below and Section 3.4.13 as applicable. A home occupation application is required and shall include a Sketch Plan depicting the entire lot to scale, setbacks, pathway to door of facility. drop off and pick-up locations, location of any permanent in -ground play equipment, the size and location of the required outdoor play area and required fence. As required by Virginia State Code section 15.2-2292, upon receipt of an application for a by - right Family Day Home for 6 — 9 children the Zoning Administrator shall send notice by registered or certified letter to the last known address of each adjacent property owner. If the zoning administrator receives no written objection from a person so notified within thirty days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance. the zoning administrator shall issue the permit sought. Any Family Day Home application that does not meet one or more of the performance standards below, or is denied a permit through the administrative process described above, or requests approval for 10 to 12 children may apply for a Special Exception for the Family Day Home use subject to the standards below as modified by Town Council and Town of Leesburg Zoning Ordinance section 3.4. -3- AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS A. Description. The Family Day Home shall comply with any and all requirements of the Town and State Codes, including without limitation, obtaining a Zoning Permit, maintenance of a Town Business License, and obtaining a State Family Day Home License in accordance with the State Code, as applicable. B. Required Notice. The Family Day Home shall comply with any and all requirements of the County and State Building Codes. C. Performance Standards. If the proposed location of the Family Day Home is subject to a Declaration of Covenants, Conditions, and Restrictions for a Homeowners Association (HOA), then prior to the issuance of the Zoning Permit, the Family Day Home provider shall provide the Town with documentation whether or not the use is allowable under applicable HOA Covenants, Conditions, and Restrictions. 1. The Family Day Home shall comply with any and all requirements of the Town and State Codes, including without limitation, obtaining a Zoning Permit, maintenance of a Town Business License, and obtaining a State Family Day Home License in accordance with the State Code, as applicable. 2. The Family Day Home shall comply with any and all requirements of the County and State Building Codes. 3. If the proposed location of the Family Day Home is subject to a Declaration of Covenants, Conditions, and Restrictions for a Homeowners Association (HOA), then prior to the issuance of the Zoning Permit, the Family Day Home provider shall provide the Town with documentation whether or not the use is allowable under applicable HOA Covenants, Conditions, and Restrictions. 4. The Family Day Home lot must be at least 6,000 square feet in size. 5. There shall be no more than two employees for a Family Day Home. The applicant shall demonstrate availability of employee parking onsite or along the street. 6. Child drop off and pick up locations shall be designated to enhance the safety of children as they arrive and depart. A designated arrival and departure zone shall be located adjacent to the Family Day Home center in such a manner that children do not have to cross a street to enter or exit the Home. 7. Family Day Homes shall stagger pick up and drop off times such that there are never more than two vehicles picking up or dropping off at one time. 8. There shall be no change in the outside appearance of the Family Day Home or lot nor other visible evidence of the conduct of a Family Day Home other than -4- AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS what may be required by the State Family Day Home License or provisions elsewhere in this Zoning Ordinance. 9. Seventy-five (75) square feet of outdoor play area must be provided on -site per child except as follows: No outdoor play area shall be required on -site when applicant can demonstrate the Family Day Home is located within 1,000 feet of an existing park or play lot that is at least twice the area otherwise required for the home care service. The park or play lot must be public or owned by the homeowners' association to which the residence belongs and must be accessed without crossing an arterial or collector road. The Outdoor play area must be shown on a plat to scale submitted at the time of application for the permit. 10. Fencing: Outdoor play area must be enclosed by a fence with a minimum height of four (4) feet. 11. Play Equipment Location: - No play equipment shall be located within the required yard setbacks. 12. Pathway to Facility: There must be a continuous hard -surface pathway/sidewalk connecting the drop-off and pick-up location to the entrance of the Family Day Home. The pathway shall be kept free of any snow or ice. 9.4.3 Home Occupations C. Permitted Home Occupations. The following uses may be permitted as home occupation uses, subject to the requi-rements use limitations of this subsection. 8. Family Day Home E. Use Limitations In addition to the regulations applicable in the zoning district in which located, all home occupations shall be subject to the following limitations and requirements. 12. Family Day Home. A home based child care service for up to 12 children under the age of 13 exclusive of such children who reside at the house subject to the requirements of section 9.3.11.1. per-s#i4e -5- AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS ate 18.1.29 Child Care Center An establishment which is licensed or approved to operate as a child care center in the Commonwealth of Virginia by the Virginia Department of Social Services, that enrolls two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or 13 or more children at any location for whose care tuition, fees or other forms of compensation are charged. A child care center may include nursery schools, kindergartens_ er-oOther facilities for which the purpose is primarily educational, recreational, or medical treatments that are not exempt from licensure by the Virginia Department of Social Services, and child day centers operated by religious institutions exempt from licensure are considered Child Care Centers. 18.1.61.1 Family Day Home Any child day program offered in the residence of the provider or the home of any of the children in care for 6 through 12 children under the age of 13 in a 24 hour period, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for whose care tuition, fees or other forms of compensation is charged. Family day homes with 1-5 children, exclusive of the provider's own children and any children who reside in the home shall be treated as residential occupancy by a single family. Any private family home in which five or fewer children, except children related by blood or and guidance during only a part of the twenty four hour day, except (i) homes which accept have been approved by a licensed day-care system. 18.1.156 Recreation Facility Afacility offering or providing recreational activities. A recreational facility may include, but not be limited to a tennis court, racquetball court, basketball court, swimming pool, gymnasium, exercise and weight room facilities. Recreation facilities may offer non -recreational programs for children such as after -school programs, day camps, tutoring, etc. as an accessory use, provided that such program is exempt from licensure by the Virginia Department of Social Services as a child care center as provided by § 63.2-1715 of the code of Virginia. Recreational facilities may operate child care centers as an accessory use provided that they are licensed by the Virginia Department of Social Services as a child care center and Town of Leesburg Zoning Ordinance Sections 9.2, 9.3.4 and Section 3.4 if applicable. -6- AN ORDINANCE: AMENDING ARTICLES 6, 9, AND 18 OF THE LEESBURG ZONING ORDINANCE TO UPDATE THE DEFINITIONS AND REGULATIONS RELATED TO CHILD CARE FACILITIES INCLUDING FAMILY DAY HOMES AND CHILD CARE CENTERS SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IV This ordinance shall be effective upon its adoption. PASSED this 24th day of September, 2013. Kri en C. mstattd, Mayor Town of Leesburg P:\Resolutions\2013\0924 TLOA 2013-0003 Amending the ZO regarding Child Care Facilities.docx