(a) 
Site plan approval by the planning and zoning commission and the city council shall be required for all day care center sites, whether or not a special use permit 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 located within any residential district, except MF-12, shall be required to plat in multiples of the minimum lot/tract size (width and depth) of the district requirements, such that the site could reasonably be later subdivided into conforming residential lot/tracts.
(d) 
Day care centers are permitted in nonresidential districts only when:
(1) 
The day care center is platted on an individual lot/tract;
(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;
(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;
(4) 
The day care center is an accessory use which 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/tract as the main building and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.
(e) 
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 65 square feet per child, based upon the maximum design capacity. The required outdoor play space shall have no dimension of less than 30 feet. This requirement may be waived by the planning and zoning commission and/or city council if the day care is provided for less than four hours per day for each child.
(3) 
No day care center shall be part of a one-family 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 300 feet 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 state department of human resources and/or the state department of family and protective services.
(2006 Code, sec. 86-991; Ordinance 04-05-610, sec. 48.1, adopted 5/17/04)