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A home childcare business may be operated within the town only when authorized by a Class B minor development permit. The following provisions shall govern the issuance, renewal and revocation of such development permit:

A. Purpose: The purpose of this policy is to allow the operation of home childcare businesses within the town so long as such businesses are operated in compliance with the requirements of this policy, and the terms and conditions of the development permit issued by the town pursuant to this code. (Ord. 15, Series 2005)

B. Application: An application for a development permit to operate a home childcare business shall be filed and processed pursuant to section 9-1-18-2 of this chapter. The fee for such application shall be based on the fee for a Class D minor development application, as set in the department's fee schedule. (Ord. 1, Series 2019)

C. Approval Criteria: No application for a development permit to operate a home childcare business shall be granted unless the applicant and the application satisfy each of the following:

1. The applicant shall possess a current State home childcare license sufficient to authorize the operation of the proposed home childcare business under applicable State law and regulations;

2. The applicant shall confirm in writing as part of the application that the proposed home childcare business will always be limited to the care of a maximum of twelve (12) children;

3. In addition to the normal requirements for a Class B minor development permit application, the applicant shall submit a site plan demonstrating compliance with the applicable parking requirement of this code for the existing residential use of the property where the home childcare business is proposed to be operated. There shall be no additional parking requirement imposed for a home childcare business in excess of the parking required for the existing residential use where the home childcare business is proposed to be operated. The site plan shall also describe where outdoor activities will be conducted in connection with the operation of the home childcare business;

4. The applicant shall confirm in writing as part of the application that there will never be more than one employee working in the home childcare business who is not related by blood or marriage to the owner of the home childcare business. Such person shall always work under the direct supervision of the owner of the home childcare business; and

5. The location and operation of the proposed home childcare business shall be found to be compatible with adjacent properties and land uses. As used in this subsection C(5), the term "adjacent properties and land uses" shall have the following meanings: a) if the site of the proposed home childcare business is located in an apartment, condominium or other multi-unit residential structure, "adjacent properties and land uses" shall mean all of the units located in that apartment, condominium or multi-unit residential structure; and b) if the site of the proposed home childcare business is located in any other type of residential structure, "adjacent properties and land uses" shall mean those units, lots and parcels located within a radius of one hundred feet (100') from the site of the proposed home childcare business, disregarding intervening public streets and alleys.

D. Compliance With Building And Technical Codes: There shall be submitted with an application for a development permit to operate a home childcare business a written statement from the building official indicating whether the premises upon which the home childcare business is proposed to be operated complies with the provisions of the town's Building and other Technical Codes which govern home childcare businesses. If such statement discloses that the premises are not in compliance with the applicable provisions of the town's Building and other Technical Codes such premises shall be brought into compliance and a certificate of compliance issued prior to the use of the premises as a home childcare business. The building official shall have the authority to conduct periodic inspections of the home childcare business in order to determine continuing compliance with such codes.

E. Permit Conditions: In addition to such other conditions as may be imposed by the Planning Commission, a development permit to operate a home childcare business shall include the following conditions, compliance with which is a condition of such development permit for so long as such development permit exists:

1. Operation Of The Home Childcare Business:

a. The holder of the development permit to operate the home childcare business shall continuously possess a current State home childcare license sufficient to authorize the operation of the home childcare business under applicable State law and regulations;

b. The home childcare business shall be operated at all times in accordance with the terms and conditions of the development permit, and the applicable State law and regulations which govern the applicant's State home childcare license;

c. The number of children who may be cared for pursuant to the development permit shall not exceed twelve (12) children at any one time;

d. The parking and outdoor activities for the home childcare business shall be operated in accordance with the site approved site plan;

e. There shall never be more than one employee working in the home childcare business who is not related by blood or marriage to the owner of the home childcare business. Additional employees not related by blood or marriage to the owner may be allowed if found to be compatible with adjacent properties and land uses as described in subsection C(5) of this section; and

f. Any employee working in the home childcare business who is not related by blood or marriage to the owner of the childcare business shall work under the direct supervision of the owner of the home childcare business. However, substitute caregivers shall be permitted if they comply with applicable State regulations.

2. Compliance With BOLT Requirements: The holder of a development permit to operate a home childcare business shall: a) obtain a license for such business as required by the town's Business and Occupational Tax ordinance (title 4, chapter 1 of this Code), and b) maintain such license in full force and effect throughout the duration of the development permit. If, at the time when a development permit to operate a home childcare business would otherwise be issued or renewed, the holder or proposed holder of such development permit does not have the required license under the town's Business and Occupational Tax ordinance, it shall be a condition of the town's issuance or renewal of such development permit that the required license be obtained before the premises is used as a home childcare business.

3. No Conflict With State Requirements: No condition of approval imposed on a development permit for the operation of a home childcare business shall conflict with a State licensing regulation which is applicable to the home childcare business.

F. Signage: No signage shall be permitted for a home childcare business. (Ord. 15, Series 2005)

G. Term Of Permit: A permit for the operation of a home childcare business remains valid as long as the same business owner runs the childcare business in the same location, and provided all other sections of this code are complied with. If the childcare business changes ownership or location, then the permit must be renewed and the process for renewal of permit under subsection H of this section must be adhered to. (Ord. 1, Series 2019)

H. Renewal Of Permit: The renewal of a development permit to operate a home childcare business shall be processed as a Class D minor development permit application. Notwithstanding any fee schedule adopted pursuant to section 9-10-4 of this title, there shall be no fee for the renewal of a home childcare business development permit. The criteria for the renewal of a development permit for the operation of a home childcare business center shall be the same as for the issuance of a new development permit to operate a home childcare business; provided, however, that an applicant for renewal of an existing development permit to operate a home childcare business shall not be required to demonstrate compatibility of the home childcare business with adjacent properties and land uses. (Ord. 1, Series 2014)

I. Nontransferability Of Permit: A development permit for the operation of a home childcare business is not transferable or assignable. A development permit for the operation of a home childcare business does not run with the land.

J. Revocation Of Permit: A development permit for the operation of a home childcare business may be revoked by the Planning Commission following a hearing. Such development permit may be revoked for noncompliance with the terms and conditions of the development permit which authorizes the operation of the home childcare business, the terms and conditions of this policy, or a violation of other applicable State or local rules, regulations, statutes and ordinances. Notice of the hearing on the proposed revocation shall be given in writing to the holder of the development permit at the address for the development permit holder shown on the development permit, or such other address as may have been provided to the town by the development permit holder. Such notice shall set forth the grounds for the proposed revocation and the time and place of the hearing. Such notice shall be mailed to the development permit holder, postage prepaid, at least ten (10) days prior to the date set for the hearing. At the hearing the development permit holder may appear with or without counsel and present such evidence as may be relevant. The decision of the planning commission with respect to a proposed revocation of a development permit for the operation of a home childcare business shall be subject to the call-up process applicable to a Class B minor application as set forth in section 9-1-18-2 of this chapter, except that notice of the call-up hearing before the town council shall be given to the development permit holder in the manner provided above.

K. Special Variance Provision: The planning commission or town council may grant a variance from any provision of this policy upon the written request of an applicant. A variance shall be granted under this subsection K only upon a finding that: 1) the strict application of the requirements of this policy would present a hardship; 2) the hardship from which the applicant seeks to be relieved is not self-imposed; and 3) the purposes of this policy will be adequately served by the granting of the variance. No variance shall have the effect of nullifying the intent and purpose of this policy. Section 9-1-11 of this chapter is not applicable to the granting of a variance under this policy.

L. Relationship To Other Code Sections: The provisions of this policy shall govern the processing of an application for a development permit to operate a home childcare business. No other provision of this code shall apply to such application. (Ord. 15, Series 2005)