A.
Site plan approval by the Planning and Zoning Commission and Town Council shall be required for all day care center sites, whether or not an CUP is required.
B.
Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a Certificate of Occupancy for day care.
C.
Day care centers are permitted in nonresidential districts only when:
1.
The day care center is platted on an individual lot; or
2.
The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center; or
3.
The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements; or
4.
The day care center is an accessory use that provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or
5.
The day care center is in an accessory building located on the same lot as the main building (e.g., an office building) and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.
D.
All day care centers shall comply with the following standards:
1.
All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided.
2.
Outdoor play space shall be provided at a rate of sixty-five (65) square feet per child (based upon the maximum design capacity). The required outdoor play space shall have no dimension of less than thirty feet (30'). This requirement may be waived by the Planning & Zoning Commission and/or Town Council if the day care is provided for less than four (4) hours per day for the children.
3.
No day care center shall be part of a one- or two-family dwelling.
4.
A day care center shall abut and derive its primary access from a street with a pavement width of 36 feet or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned).
5.
No portion of a day care center site shall be located within three hundred feet (300') of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials.
6.
All other aspects of a day care center site shall conform to regulations and/or guidelines established by the Texas Department of Human Resources and/or the Texas Department of Protective and Regulatory Services.
(Ordinance 361-05 adopted 3/22/05)