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HomeMy Public PortalAbout1989-28ORDINANCE NO. 1989 -28 ® _ AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE DAY CARE HOMES AND DAY CARE CENTERS WHEREAS, the Plan Commission of the City of Greencastle, has initiated and prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearings concerning this ordinance on August 28, 1.989, and September 14, 1.989, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana, on August 28, 1989, and September 6, 1989; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36 -7 -4 -603 in consideration of the ordinance and determination of a recommendation made to the Common Council; WHEREAS, the Greencastle Plan Commission has certified ® this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; and WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in IC- 36 -8 -4 -603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. Therefore, BE IT ORDAINED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: SECTION I. DEFINITIONS That the City of Greencastle Planning and Zoning Ordinance, Chapter 801 -5 of the City of Greencastle Code, is hereby amended by adding the following definitions: DA CE NTER ® "Day care center" means any institution operated for the purpose of providing: (1) care; (2) maintenance; or 1. (3) supervision and instruction; • to more than ten (10) children who are less than six (6) years old and are separated from their parent, guardian, or custodian for more than four (4) hours but less than twenty - four (24) hours a day for ten (10) more consecutive workdays. However, the term does not include public or private school programs for children age three (3) and older as of December 1, or day care ministries as defined in I.C. 12 -3 -2 -12.8. DAY CARE HOME "Day care home" is a residential structure where an individual provides child care: (1) for compensation; (2) for more than four (4) hours but less than twenty - four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays; and (3) to more than five (5) and not more than ten (10) children at a time who: (A) are less than eleven (11) years of age; and (B) are not attended by: (i) a parent; (ii) a stepparent; (iii) a guardian; (iv) a custodian; or (v) a relative who is at least eighteen (18) years of age. The term does not include a day care center. SECTION II. O That the City of Greencastle Planning and Zoning Ordinance is hereby amended by adding the following chapter: Chapter 830 Planning and Zoning Ordinance Day Care Homes and Day Care centers 830 -5 DAY CARE HOMES Day Care Homes may be allowed in any district by special exception permit upon the following conditions: (1) All State and Federal requirements for licensing must be met. (2) A site design must be submitted with the application for special exception and approved by the City Engineer, Fire Chief and Police Chief. (3) Children must be dropped off and picked up on -site without crossing the street. (4) Fencing and screen plantings may be required. (5) The property development standards of the district in which the day care home is located must be met. is (6) No signage is allowed in an R -1 District; signage in R -2 and R -3 Districts shall be limited to name plates not exceeding four (4) square feet in area. MR 5M 830 -10 DAY CARE CENTER • Day Care Centers may be allowed in any district by special exception permit upon the following conditions: (1) All State and Federal requirements for licensing must be met. (2) A site design must be submitted with the application for special exception and approved by the City Engineer, Fire Chief and Police Chief. (3) Children must be dropped off and picked up on -site without crossing the street. A separate entrance and exit must be provided unless the site plan provides for a vehicle turn - around. (4) Fencing and screen plantings may be required. (5) The property development standards of the district in which the day care center is located must be met. (6) No signage is allowed in an R -1 District; signage in R -2 and R -3 Districts shall be limited to name plates not exceeding four (4) square feet in area. (7) If located in an R -1 District, the Day Care Center must be provided by the secondary subdivision plat approved by the Plan Commission. SECTION III. That the City of Greencastle Planning and Zoning • Ordinance is hereby amended as follows: (1) Chapter 808- 15(6): "Day Care Home or Day Care Center" is substituted for "kindergarten or day nursery ". (2) Chapter 809 - 15(3): "Day Care Home or Day Care Center" is substituted for "kindergarten or day nursery ". (3) Chapter 820- 45(j): "Day Care Home or Day Care Center" is substituted for "kindergarten or day nursery ". (4) Chapter 821 -10: "Kindergarten or day nursery -- 110 sq. ft. per child" is deleted. (5) Chapter 821 -15: "Kindergarten or day nursery -- 150 -- 150 --150" is deleted. (6) Chapter 821 -25: "Day Care Home or Day Care Center" is substituted for "Kindergarten or day nursery (play area only) ". (7) Chapter 821 -30: "Cay Care Home or Day Care Center" is substituted for "kindergarten or day nursery ". 5M (8) Chapter 821- 35(12) is deleted. • • THIS ORDINANCE was passed and adopted this 19th day of October, 1989. ATTEST: Jud't Berry, C1 Treasurer / / /� Michael M. Harmless, Presiding Officer Presented by me to the Mayor of Greencastle, Indiana, this 19th day of October, 1989, at -:p > / O'clock, JJ..m. Ju 1 h Berry Clr - Treasurer Approved and signed by me this 19th day of October, 1989, at oo o'clock, /P .m. ,- Michael M. Harmless Mayor A •ST: �l�l.� Jupi h Berry, Cler -]- Treasurer 4.