§ 27-475.02. Day care center for children.

(a)

A day care center for children permitted (P) in the Table of Uses in the I-1, I-2, and I-3 Zones shall be subject to the following:

(1)

Requirements.

(A)

An ample outdoor play or activity area shall be provided, in accordance with the following:

(i)

All outdoor play areas shall have at least seventy-five (75) square feet of play space per child for fifty percent (50%) of the licensed capacity or seventy-five (75) square feet per child for the total number of children to use the play area at one (1) time, whichever is greater;

(ii)

All outdoor play areas shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least four (4) feet in height;

(iii)

A greater set back from adjacent properties or uses or a higher fence may be required by the Planning Board if it determines that it is needed to protect the health and safety of the children utilizing the play area;

(iv)

An off-premises outdoor play or activity area shall be located in proximity to the day care center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway;

(v)

The play area shall contain sufficient shade during the warmer months to afford protection from the sun;

(vi)

Sufficient lighting shall be provided on the play area if it is used before or after daylight hours to insure safe operation of the area; and

(vii)

Outdoor play shall be limited to the hours between 7 A.M. and 9 P.M.

(2)

Site Plan.

(A)

A Detailed Site Plan shall be approved for the center, in accordance with Part 3, Division 9, of this Subtitle, to insure compliance with the provisions of this Section.

(B)

In addition to the submittal requirements of Part 3, Division 9, the Detailed Site Plan shall show:

(i)

The proposed enrollment;

(ii)

The location and use of all buildings on adjoining lots; and

(iii)

The location and size of outdoor play or activity areas.

(3)

Enrollment.

(A)

For the purposes of this Section, enrollment shall mean the largest number of students enrolled in the center in any one (1) session.

(CB-33-1986; CB-23-1988; CB-98-1988; CB-1-1989)