The council finds that affordable, good quality, and licensed child day care within the town of Yacolt is critical to the well-being of parents and children in the community and is a needed community service. Further, it is the purpose of this chapter to facilitate the siting of licensed child day care facilities in the town of Yacolt in a manner which simplifies the review and approval process while ensuring conformance with the surrounding land uses.
(Ord. 325 § 1, 1991)
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Child day care"
means the provision of supplemental parental care and supervision:
1. 
For a nonrelated child or children;
2. 
On a regular basis;
3. 
For less than 24 hours a day; and
4. 
Under license by the Washington State Department of Social and Health Services.
As used in this chapter, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.
"Child day care facility"
means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day care facilities include family day care homes, out-of-home child mini-day care centers, and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended (Chapter 74.15 RCW, WAC 388-73-422).
(Ord. 325 § 2, 1991)
A. 
Family Day Care Home. A family day care home shall be permitted by right in all zoning districts permitting residences and shall be subject to the following requirements:
1. 
Meet Washington State child day care licensing requirements;
2. 
Comply with all building, fire safety, health code, and business licensing requirements;
3. 
Lot size, building size, setbacks, and lot coverage conform to the standards of the zoning district except if the structure is a legal nonconforming structure;
4. 
A safe passenger loading area must be provided;
5. 
Signage, if any, will conform to Chapter 18.85 YMC;
6. 
Filing of a child day care registration form with the town as provided for in YMC § 18.60.060;
7. 
No structural or decorative alteration which will alter the single-family character of an existing or proposed residential structure or be incompatible with the surrounding residences is permitted.
(Ord. 325 § 3, 1991)
A. 
Child Mini-Day Care Center (Not Located in the Residence of the Care Provider). A child mini-day care center not located in the residence of the care provider is allowed in the designated zoning districts as follows:
1. 
Zoning Districts (Single-Family Residential and Two-Family Residential). A child mini-day care center not located in the residence of the care provider shall be permitted by administrative review.
a. 
Notice. Notice of the proposal shall be given as provided below:
i. 
Notices shall be posted on site and in two other conspicuous locations in the vicinity of the site at least 10 days prior to final action on the application;
ii. 
The notice shall include a description of the proposal, site location, deadline for submitting written comments and the address and phone number of the planning department of the town of Yacolt;
b. 
Administrative Review Requirements. The planning director/building official shall review applications for a mini-day care center not located in the residence of the care provider in zones which allow for single-family and two-family residential structures and may approve, modify, or deny the application subject to the following requirements:
i. 
Meet Washington State child day care licensing requirements;
ii. 
Comply with all building, fire safety, health code, and business licensing requirements;
iii. 
Signage, if any, will conform to the requirements of Chapter 18.85 YMC;
iv. 
Filing of a child day care registration form with the city/county as provided for in YMC § 18.60.060;
v. 
Parking requirements shall conform to Chapter 18.70 YMC;
vi. 
The site must be landscaped in a manner compatible with adjacent residences;
vii. 
No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child mini-day care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;
viii. 
The child mini-day care center shall not be located within 300 feet of another child mini-day care center not located in the residence of the care provider or child day care center. Any child day care center which is an accessory use pursuant to YMC § 18.60.050(D) shall be excluded;
ix. 
The planning director/building official may attach conditions to the permit in order to reduce conflicts between the child mini-day care center and surrounding neighborhood; i.e., noise attenuation, special parking needs, and hours of operation;
x. 
If the planning director/building inspector finds that there is just cause for a public hearing, final approval shall be determined through a conditional use permit process and shall be subject to the requirements of YMC § 18.60.050(A) and Chapter of the Clark County Municipal Code;
The process used to appeal an administrative review decision is contained in the Clark County Municipal Code (appeal of administrative decisions).
2. 
All Other Zoning Districts. A child mini-day care center not located in the residence of the care provider is permitted by right in all other zoning districts provided the conditions set forth in subsections (A)(1)(b)(i) through (vii) of this section are met.
(Ord. 325 § 4, 1991)
A child day care center may be allowed in the designated zoning districts as follows:
A. 
Zoning Ordinance (Single-Family Residential and Two-Family Residential). A child day care center may be allowed in these zoning districts only upon issuance of a conditional use permit pursuant to Chapter 18.40 YMC.
1. 
Conditional Use Permit Requirements.
a. 
Meet Washington State child day care licensing requirements;
b. 
Comply with all building, fire safety, health code, and business licensing requirements;
c. 
Lot size, building size, setbacks and lot coverage conform to those applicable to the zoning district;
d. 
Signage, if any, will conform to the requirements for the applicable zoning district;
e. 
Filing of a child day care registration form with the city/county as provided for in YMC § 18.60.060;
f. 
Parking requirements shall conform to Chapter 18.70 YMC;
g. 
A fence at least four feet high must be installed around the play yard;
h. 
The site must be landscaped in a manner compatible with the adjacent residences;
i. 
No structural or decorative alteration which will alter the residential character of an existing residential structure used for a child day care center is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood;
j. 
The child day care center shall not be located within 300 feet of another day care center or child mini-day care center not located in the residence of the care provider, excluding any day care center which is an accessory use pursuant to subsection D of this section.
B. 
All Other Zoning Districts. A child day care center is permitted by right in all other zoning districts subject to the following requirements:
1. 
Meet Washington State child day care licensing requirements;
2. 
Comply with all building, fire safety, traffic safety, health code, and business licensing requirements;
3. 
Setbacks, screening, landscaping, lot size, building size, and lot coverage shall conform to the pertinent portions of the zoning code;
4. 
Parking requirements shall conform to Chapter 18.70 YMC;
5. 
Filing of a day care registration form with the city as provided for in YMC § 18.60.060.
C. 
Limitations in Use of a Family Residence. No child day care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation, or is separate from the usual living quarters of the family.
D. 
Accessory Use. A child day care center, if sited on the premises of an operating community service facility, shall be considered accessory to the principal use of the property concerned.
(Ord. 325 § 5, 1991)
Each child day care service provider must register with the city/county planning department by completing a child day care registration form as provided by the department prior to initiation of the use. Upon registration, the child day care provider must be able to demonstrate compliance with the applicable conditions of this chapter.
(Ord. 325 § 6, 1991)