HomeMy WebLinkAboutA001 - Council Action Form dated March 7, 2017 ITEM # 30
DATE 03/07/17
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS RELATING
TO CHILD CARE AS A HOME OCCUPATION
BACKGROUND:
The City Council, at the request of staff, initiated a text amendment to Home Occupation
regulations (Section 29.1304 of the Municipal Code) regarding the various types of
home child care facilities. All child care facilities within Ames require either a Special
Home Occupation Permit or Special Use Permit, depending on the type of business.
The Zoning Board of Adjustment currently conducts a public hearing for each
application as the approval authority.
The proposed amendments address two primary issues. The first issue is to align
the definition of the child care facilities to the state licensing categories to assist
in communicating permit requirements to applicants. The second issue is an
effort to streamline the review process and make the smaller child care homes a
Permitted Home Occupation approved by staff, rather than a Special Home
Occupation. Larger child care facilities would still be subject to Zoning Board of
Adjustment approval. The two amendments would help to clarify and streamline the
process for establishing a home child care business.
Within the past year, a local advocate of child care providers asked for staff to review
the approval process in Ames compared to state requirements. Ames's limit on the
number of children does not coincide completely with state licensing regulations for
home child care. The City regulations limit all home child care facilities to 11 children
while state regulations have limits ranging from 5 to 16 children. The state limits vary
based on a number of factors such as age of children; number, age, and education of
providers; and hours of care. A full description of the state licensing categories is
included as Attachment B.
The amendments are intended to allow two types of child care provider categories to be
approved as Permitted Home Occupations by staff. These two types are:
1) Unlicensed child care facilities with a maximum capacity of 5 -children that are
not required to be registered with the state department of human services, and
2) Licensed child care facilities with a maximum capacity of 8 children that are
registered with the state department of human services as a "Child Development
Home A" or as a "Child Development Home C (1 Provider)."
The state department of human services recognizes two other types of home child care
facilities, known as "Child Development Home B," and "Child Development Home C (2
Providers)." These allow for up to 12 and 16 children, respectively, provided there is an
additional provider present. The state also regulates the minimum age of the provider
and sets specific limits for the number of children of particular ages in each facility. The
amendments do not modify the approval process for these types of homes and they will
continue to require approval as a Special Home Occupation.
One additional state category is "Licensed Center." The City currently allows these in
most residential zoning districts with a Special Use Permit and in commercial zoning
districts with minor development site plan. These types of facilities are not home
occupations because of the size and nature of the operations.
An additional change with the proposed ordinance removes the adult day care facility
from the paragraph of home child care facilities and lists it out separately. This is done
for clarity and has no impact on the regulations.
The existing ordinance and the proposed changes in bold and strike out are found in
Attachment A.
Planning and Zoning Commission Recommendation:
At the meeting of January 18, 2017, the Planning and Zoning Commission
recommended approval of the proposed amendments 5-0. The Commission discussed
several aspects, including whether the State has ever changed the requirements or
limitations on home day care providers and whether the city can pass regulations more
stringent than the state. No one in the audience spoke in favor or in opposition.
ALTERNATIVES:
1. The City Council can adopt the proposed amendments regarding home child care
facilities.
2. The City Council can decline to adopt the proposed amendments regarding home
child care facilities.
3. The City Council can recommend alternative language for the proposed
amendments home day care facilities to return at a later meeting.
CITY MANAGER'S RECOMMENDED ACTION:
These changes are intended to reduce the application process burden on the smaller
home day care providers that regularly needed to seek approval from the Zoning Board
of Adjustment. The Zoning Board of Adjustment has routinely approved these types of
applications with little to no public comments or conditions on the projects. The City
processes about two applications a year on average. The proposed amendment retains
City authority to review and approve, or conditionally approve, an application if there are
unique circumstances for providers. The Home Occupation permit is also cheaper for
the applicant and saves City staff resources required for processing ZBA cases.
Therefore, it is the City Manager's recommendation that the City Council act in
accordance with Alternative #1.
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ATTACHMENT A: EXISTING AND PROPOSED LANGUAGE
See. 29.1304. HOME OCCUPATIONS.
This Section is intended to protect residential areas from potential adverse impacts of activities
defined as home occupations; to permit residents of the community a broad choice in the use of
their homes as a place of livelihood in the production or supplementing of personal/family
income; to restrict incompatible uses; to establish criteria and develop standards for the use of
residential structures or dwelling units for home occupations. It is not the intent to eliminate
certain businesses and occupations that may be compatible with residential areas.
(1) Permitted, Special and Prohibited Home Occupations.
(a) The following are Permitted Home Occupations:
(i) Home sewing or tailoring;
(ii) Studios for painting, sculpturing, ceramics or other similar arts;
(iii) Writing or editing;
(iv) Telephone answering, scheduling of appointments, and other office activities
where there are limited visits to the home;
(v) Production of crafts such as handiwork, model-making, weaving, lapidary, and
cabinet-making for the purpose of selling the product;
(vi) Tutoring and giving lessons, limited to 4 students at any one time;
(vii) Catering, home-cooking and preserving for the purpose of selling the
product;
(viii) Computer programming, services provided over the Internet and other
similar activities;
(ix) Mail order businesses where products are shipped directly from the supplier
to the customer; and
(x) Offices for architects and engineers.
(xi) Home child care providers designated by the state department of human
services as either Non-Registered Home, Child Development Home "A", or
Child Development Home "C" (1 Provider).
(b) The following are Special Home Occupations:
(i) Home child care providers designated by the state department of human
services as either Child Development Home "B", or Child Development
Home "C" (2 Providers). Child care providers designated by the state
department of human services as a "Licensed Center' are not eligible for
approval as a Home Occupation. Family day eare home for the ear-e of s=-efewer
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(ii) Home adult day care for the care of no more than six adults (not
permanent residents).
(iii) Physicians and other licensed medical practitioners;
(iv) Barbershops and beauty parlors;
(v) Small repair shops (including small appliances, mower repair, blade
sharpening and similar uses);
(vi) Real estate and related services;
(vi) Insurance agents;
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(viii) Bed-and-breakfast operations;
(ix) Home professional offices, lawyers and members of similar professions, and
(x) All other activities not included on either the permitted or prohibited list.
(c) The following are prohibited Home Occupations;
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels;
(vi) Repair or painting of motor vehicles, including motorcycles; and
(vii) Firearm sales
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Requirements for Different Types of Child Care Providers in Iowa http://ccmis.dhs.state.ia.tWproviderpo!taYChddCarcRequirernents.aspx
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Requirements for Different Types of Child CareProviders in Iowa http://ccrnis.dhs.swte.ia.us/provideiportaYChfldCarcReqkiirernents.aspx
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• A home provider's own preschool children ARE included in their legal capacity.Their school-age children are not unless they are being
home-schooled.
• Child Development Home A:Limivof 6 preschool children with a maximum of 4 aged 24 months or younger.Of these no more than 3 can be 18
months of ag
e or younger.They can also care for 2 school-agers for less than 2 hours at a time.
Child Development Home B:Limit of 6 preschool children with a maximum of 4 children aged 24 months or younger.Of these no more than 3 can be
18 months of age or younger.They can care for 4 school-agers(which can be full-time when school is not in session)2 additional part-time preschool
or school-age children can be in care for a total of no more than 180 hours per month.When there are more than 8 children are present for more than 2
hours,an assistant 14 years or older needs to be present.
• Child Development Home C(2 providers):Limit of 12 preschool children-with a maximum of 4-aged 24 months or younger.They can care for 2
school-agers for less than 2 hours at a time.2 additional part-time preschool or school-age children can be in care for a total of no more than 180 hours
per month:Whenever there are more than 8 children or if 4 children 18 months of age or younger are present,the business co-provider needs to be
present.
Child DevelopmentHome C(I provider):Limit of 8 children with a maximum of 41 aged 24 months or younger.Of these no more than 3 can be 18
months of age or younger.
• Center and preschool staff to children ratios:babies up to 23 months 1.4;2 year olds 1:6;3 year olds 1:8;4 year olds,.1:12;5 year olds and older 1:15.
Record checks are required for household members age 14 and older.
• Child abuse registry checks are required for household members age 14 and older.
If you have concerns about any child caregiver,contact your county Department of Human Services.
Vw,slorr 02.=00 BLdIck I Deployment Date:9A 4MD12 7:1608 AM
QuestlonS?C ontact the Centralized Child Cafe Unit at:I-M461-M6
Copyright 2011,Iowa Department of Human Services
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