8-4-18: DAY CARE (DAY CARE CENTER, FAMILY DAY CARE HOME, GROUP DAY CARE FACILITY):

   A.   Applicability:

      1.   This Section applies to any day care facility or innovation classroom (as defined in Section 33-1636, Idaho Code).

      2.   For purposes of this Title, innovation classrooms with the following number of students are treated as the following for purposes of this title, including the Use Table and this Section:

 

   B.   Family Day Care Homes: Family day care homes shall comply with the following:

      1.   If any of the clients cared for at the family day care home are younger than seven (7) years of age, a criminal history check of staff shall be obtained from the Idaho Department of Health and Welfare.

      2.   Hours of operation are limited to six-thirty o'clock (6:30) A.M. to seven o'clock (7:00) P.M.

   C.   Group Day Care Facilities: Group day care facilities shall comply with the following:

      1.   There shall be at least thirty-five (35) square feet of net floor area indoors per client. This space shall be measured wall-to-wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms, and kitchen.

      2.   Overnight parking is not allowed. On-site parking for the group day care facility shall not use the parking space(s) required for the dwelling unit or other approved uses located on the site.

      3.   A minimum outdoor recreation area of one hundred (100) square feet per client shall be provided. The Director may waive the minimum recreation area requirement if a park abuts the property that can be used by the clients.

      4.   All outdoor areas shall be completely enclosed by a minimum of six-foot (6') barriers to secure against exit or entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County Building Code as set forth in Title 7, Chapter 2 of this code.

      5.   Outdoor play equipment over six feet (6') high shall not be located in any required yard.

      6.   Minimum staff required is one staff person per six (6) clients younger than eighteen (18) months and one staff person per twelve (12) clients eighteen (18) months old or older.

      7.   A fire inspection is required. The applicant or owner shall apply to the local fire district, or, if not located within a fire district, to the Idaho fire marshal.

      8.   If any of the clients cared for at the group day care facility are younger than seven (7) years of age, a criminal history check of staff is required from the Idaho Department of Health and Welfare, per Idaho Code Section 39-1114.

      9.   Hours of operation are limited to six-thirty o'clock (6:30) A.M. to seven o'clock (7:00) P.M.

   D.   Day Care Centers: Day care centers shall comply with the following:

      1.   There shall be at least thirty-five (35) square feet of net floor area indoors per client. This space shall be measured wall to wall in rooms that are regularly used by the clients, exclusive of halls, bathrooms, and kitchen.

      2.   On-site vehicle parking and pick up and turnaround areas shall provide safe discharge and pick up of clients.

      3.   The maximum number of allowable clients shall be a condition of approval, based on the requirements of this Title and Idaho Code.

      4.   Consideration of approval shall include the uses of the surrounding properties in the determination of the compatibility of the proposed day care center with those uses. Additional conditions needed to protect the public health, safety, and welfare of the clients may be imposed.

      5.   No portion of the facilities used by clients may be within three hundred feet (300') of explosive or hazardous material or alcohol storage including the following uses: brewery or distillery, explosive manufacturing or storage, flammable substance storage, gasoline, diesel, or alternative fuel sales facility, manufacture or processing of hazardous chemicals or gases, and winery.

      6.   The day care center operator shall secure and maintain any required license from the state of Idaho Department of Health and Welfare and comply with all state regulations. The day care operator shall apply to the Idaho Department of Health and Welfare for any required inspections and criminal history checks.

      7.   The day care center operator shall provide a minimum outdoor recreation area of one hundred (100) square feet per client. The minimum recreation area requirement may be waived if:

         a.   There is greater or equal area of parks that abut the facility that can be used by the clients; or

         b.   The program design is such that the number of clients using the recreation area at any one time conforms to the one hundred (100) square foot per client criteria.

      8.   All outdoor recreation areas shall be completely enclosed by a minimum of six-foot (6') barriers to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Ada County Building Code as set forth in Title 7, Chapter 2 of this code.

      9.   Outdoor play equipment over six feet (6') high shall not be located in any required yard.

      10.   The proposed use shall be located and designed to protect the health, safety, and welfare of the clients.

      11.   Minimum staff required is one per six (6) clients under eighteen (18) months; one per twelve (12) clients eighteen (18) months to five (5) years; and one per eighteen (18) clients aged five (5) years or older.

      12.   A commercial building permit is required for the entire structure(s) used for the day care center.

      13.   Hours of operation are limited to six thirty o'clock (6:30) A.M. to seven o'clock (7:00) P.M. or as specified in the conditional use permit.

(Ord. 1002, 10-28-2025)