Accessibility Statement

Chapter 13 Article 08 Zone District Regulations - 0816 Child Care & Preschool Facilities

13-816. Child Care and Preschool Facilities
 

A.      Purpose. The purpose of this section is to provide for a wide variety of child care and preschool opportunities within the City Limits of Rock Springs, as well as to protect the residential character of neighborhoods and the health and safety of all residents.

B.      Definitions.

Child Care Center (CCC): Any business operated by a private person, partnership, association or corporation that is operating a business for profit or otherwise, in a building used solely for commercial purposes, where sixteen (16) or more children receive care for part of the day.

Family Child Care Home (FCCH): A licensed child care facility in which care is provided for no more than ten (10) children for part of a day in the primary residence of the provider.

 

Family Child Care Center (FCCC): A child care facility in which care is provided for a maximum of fifteen (15) children for pa5) children for part of a day, which may be in a residential or commercial type structure. (In the City of Rock Springs, FCCCs shall be permitted only in non-residential structures).

 

Preschool: Pre-Kindergarten instruction provided for children aged 3 years to 5 years and normally conducted for a two-to-four-hour period of time (session), said instruction designed to be preparatory for Kindergarten. For the purposes of this ordinance, preschool may be conducted in a CCC, FCCC or a FCCH.

 

C.      Family Child Care Homes

(1)     Family child care homes shall be exempt from the requirement of obtaining a home occupation permit and shall, instead, obtain a conditional use permit, as set forth in this section.

(2)     Family Child Care Homes shall obtain all required licenses from the State of Wyoming and shall also be approved by the City of Rock Springs Building Division and Fire Department.

(3)     When listed in this ordinance as a conditionally permitted use in a residential zoning district, family child care homes shall comply with the following requirements, dependent upon the number of children and the location of the child care home:

(a)       FCCH with five (5) or fewer children, at any given time, and not located on a roadway that terminates in a cul de sac:

1.   The Zoning Administrator or designee shall review the proposed application and have authority for issuing the Conditional Use Permit, including attachment of any conditions deemed necessary to protect the health, safety and welfare of the neighborhood.

2.    Adjoining property owner notice shall not be required.

3.    Preschool sessions shall be limited to no more than two (2) per day and ten (10) per week, pursuant to conditions deemed appropriate by the Zoning Administrator. Preschool sessions shall be separated by a minimum of one hour from the time one session ends and the next session begins.

(b)      FCCH with six (6) to eight (8) children, at any given time, or with less than six (6) children, at any given time, but located on a roadway that terminates in a cul de sac:

1.     The Zoning Administrator or designee shall review the proposed application and have authority for issuing the Conditional Use Permit, including attachment of any conditions deemed necessary to protect the health, safety and/or welfare of the neighborhood.

2.     Property owners located within 200 feet of the boundaries of the property proposed for the FCCH shall receive written notification of the proposed child care in accordance with the provisions of §13-905, Conditional Use Permits.

3.     Should more than 50 percent of the property owners notified under the provisions of this section submit a written protest to the Zoning Administrator, the FCCH application shall be forwarded to the Planning & Zoning Commission for review. The Planning and Zoning Commission shall have the authority to approve or deny the application or to attach any such conditions of approval as deemed necessary to protect the health, safety and welfare of the neighborhood.

4.     Preschool sessions shall be limited to no more than two (2) per day and ten (10) per week, pursuant to conditions deemed appropriate by the Zoning Administrator. Preschool sessions shall be separated by a minimum of one hour from the time one session ends and the next session begins. (Ord. 2018-08, 6/5/18)

(c)        FCCH with nine (9) or ten (10) children, at any given time:

1.   The FCCH application shall be processed in accordance with the provisions of §13- 905, Conditional Use Permits.

2.    Preschool sessions shall be limited to no more than two (2) per day and ten (10) per week. Preschool sessions shall be separated by a minimum of one hour from the time one session ends and the next session begins.

(d)       FCCH Conditional Use Permits shall be issued to a specific provider for a specific property. Should the FCCH provider move to a new location, a new FCCH Conditional Use Permit shall be required.

(e)       FCCH Conditional Use Permits shall not run with the land. Subsequent providers on the same property shall require a separate FCCH Conditional Use Permit

(f)       Should a FCCH Conditional Use Permitee fail to operate a FCCH for a period more than 365 consecutive calendar days, the Permit shall be deemed expired. A new permit application, including any and all fees and notifications, and approval shall be required prior to recommencement of the FCCH operation.

(g)      The Planning & Zoning Commission shall have the right to revoke or revise any FCCH Conditional Use Permit, whether issued by staff or by the Commission, should legitimate complaints be lodged by property owners located within 200 feet of the FCCH that the child care facility/preschool has adverse impacts on the health, safety and/or welfare of the neighborhood.

(h)     The Planning & Zoning Commission shall have the right and authority to revoke any FCCH Conditional Use Permit for failure to comply with the conditions of approval established therein.

D.  Family Child Care Centers (FCCC). Family Child Care Centers shall be permitted in non-residential structures (i.e., churches, schools, public buildings and commercial buildings, as permitted by Zoning District). FCCCs shall not be permitted in residential structures or dwelling units. All requirements of §13-816.E., Child Care Centers, shall apply to FCCCs, including the review and approval process.

E.   Child Care Centers (CCC).

(1) Child Care Centers shall be approved via a Conditional Use Permit, as set forth in §13-905, and shall also obtain Occupation Tax Application approval from the City of Rock Springs prior to commencement of use.

(2) Child Care Centers shall obtain all required licenses from the State of Wyoming and shall also be approved by the City of Rock Springs Building Division and Fire Department.

(3) Child Care Centers shall comply with the following requirements, regardless of the Zoning District in which they are located:

(a)     CCCs shall provide 0.25 off-street parking spaces per child per maximum session, plus 1 space per each employee. Required parking shall be installed, inspected and approved prior to commencement of the use. CCCs located in the B-3 Zoning District may be exempted from this requirement if the applicant can demonstrate there is adequate on-street or public parking located within 300 feet of the main entrance of the CCC building to meet the City's parking standard.

(b)     CCC Conditional Use Permits shall be issued to a specific property. Should the CCC provider move to a new location, a new CCC Conditional Use Permit shall be required.

(c)     CCC Conditional Use Permits shall run with the land, provided:

                                 i.      All personnel employed within a CCC shall obtain the required permits from the State of Wyoming prior to commencement of use, and

                                 ii.      Any changes in the originally approved permit, including increase in the number of children; movement, relocation, expansion or reduction in the size of the child care operation within the structure; or increase in the number of staffing, shall require review of the Conditional Use Permit application and may require modification of the existing permit or issuance of a new permit, if so deemed necessary by the Zoning Administrator.

(d)    The Planning & Zoning Commission shall have the right to revoke or revise any CCC Conditional Use Permit should legitimate complaints be lodged by property owners located within 200 feet of the CCC, or by the public, that the child care facility/preschool has adverse impacts on the health, safety and/or welfare of the neighborhood.

(e)    The Planning & Zoning Commission shall have the right and authority to revoke any CCC Conditional Use Permit for failure to comply with the conditions of approval established therein.
(Ord. 2010-10, 1-12-11)

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