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HomeMy WebLinkAbout826-OB DATE: October 15, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for amendments to the Zoning Ordinance, 28.03.023(e) FILE: 826-OB STAFF REPORT The Planning Manager recommends approval. Staff is proposing amendments to the Zoning Ordinance that deal with child care facilities and home occupations. Sec. 28.01.004 Definitions Delete definition of: Child care center. Any place, home, or institution which cares for four (4) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term A child care center @ shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. Amend definition of: Home occupation. Any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes; provided that: No retail business of any sort is involved; No stock in trade is kept nor commodities sold except those made or used on the premises; Only members of the family residing on the premises are employed; No internal or external alterations, special construction, or features are involved; There is no on-premise advertising or any other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings; No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artist=s studio; dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect, or accountant); music teaching limited to not more than two (2) pupils at one time; the keeping of up to five (5) three (3) children under the age of sixteen (16) apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of sixteen (16) years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight (8) six (6). This type of child care facility shall be known as a listed family home. (See definition) Repair of racing automobiles shall not be permitted. Add definition of: Listed Family Home. A home-based child care facility where the caregiver is compensated to provide regular child care for at least four (4) hours per day, three (3) or more days a week for no more than nine (9) consecutive weeks in their own home for one (1) to three (3) children. Add definition of: Registered Child Care Home. A home-based child care facility where the caregiver cares for up to six (6) children under the age of fourteen (14); they may also take in up to six (6) more school-age children. The number of children allowed in a home is determined by the ages of the children. No more than twelve (12) children can be in care at any time, including children of the caregiver. Add definition of: Licensed Child Care Home. A home-based child care facility where the caregiver provides care for seven (7) to twelve (12) children under the age of fourteen (14). Add definition of: Licensed Child Care Center. A child care facility where the caregiver provides care for seven (7) or more children under the age of fourteen (14) at a location other than at the permit holder=s home. A licensed child care center shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. Sec. 28.03.023 Permitted uses (e) Standard Industrial Classification (SIC) group numbers. ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM-RCR RCR-NC NSC GC-MGC-MDCBD C-M LI HI PUD GROUP M H H D -2