§ 28-56. Child care centers.
Child care centers, when authorized under a conditional use permit or as a permitted use in residential zones, shall meet the following conditions.
(a)
Architectural features. No structural or decorative alteration that will alter the residential character of an existing residential structure used for a child care family home (CCFH), either resident-occupied or nonresident, is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.
(b)
Certificate of occupancy. Upon approval of a conditional use permit for a child care center, a certificate of occupancy must be obtained from the code enforcement division of the city. Prior to issuance of the certificate of occupancy, the applicant must demonstrate that the structure complies with all building codes and fire codes for a child care center. It is advised that the applicant address these issues with the code enforcement division and the fire department prior to the initiation of the conditional use permit to insure that the structure complies with the building and fire codes. Because of the important safety issues associated with child care centers, the building and fire codes may require significant improvements to the structure.
(c)
Front yard restrictions. Child care center operations shall be specifically prohibited in any required front yards or exterior side yard (corner lots) except for off-street parking, drop-off/pick-up areas, and maneuvering space.
(d)
Hours of operation. Shall be restricted to 7:00 a.m. to 7:00 p.m.
(e)
Loading and unloading. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility. Either an on-site vehicle turnaround or separate one-way circular driveway and passenger loading area shall be provided. Said circular driveway shall be labeled/signed "one way" and shall provide twenty (20) linear feet for each eight (8) children.
(f)
Location along certain streets. In a residential zone, no child care center shall be located along any dead-end or cul-de-sac street on which a child care center is currently operating.
(g)
Minimum lot area. Ten thousand (10,000) square feet to assure sufficient lot area to accommodate outdoor play areas, off-street parking, and drop-off/pick-up areas.
(h)
Safety of children. The planning commission shall consider the necessity for additional appropriate conditions and safeguards to protect the health, safety, and welfare of the children using the facility, including the necessity for additional fences, barriers, other safety devices and buffers or increased off-street parking facilities.
(i)
Screening and fencing. Outdoor play areas shall be fenced on the side and rear property lines adjacent to residential development with a six-foot opaque screening fence that reaches the ground to prevent children from crawling underneath onto other parcels.
(j)
Site plan required for child care family home (CCFH). Resident and nonresident (CCFH)—Applicants seeking a conditional use permit for a child care family home (CCFH) in a residential zone, shall comply with sections 28-31 through 28-36, article IV, chapter 28, Texarkana, Arkansas Code of Ordinances, shall submit a site plan drawn to scale, and showing clearly the following:
• The dimensions and size (acreage) of the site and its relation to surrounding properties.
• The layout of the entire project including the proposed use and location of all buildings, accessory buildings, outdoors play areas, screening fences, and signs.
• The location and dimensions of existing streets, private driveways, and sidewalks.
• The location of points of ingress and egress for motor vehicles and the internal vehicular circulation pattern.
• The location and layout of all off-street parking and loading spaces, including the number of spaces shown and required for each use.
• The location of existing and proposed landscaped areas.
• The location and size of existing and proposed utility lines, watercourses, and drainage lines and easements.
• Title, north arrow, scale, names of owner, developer, surveyor, and the date of preparation of the plan.
(k)
Signs. For Child Care Family Home (CCFH), either resident occupied or non-resident in the R-1, R-3, R-4, RMH zones, may erect one (1) nameplate or address sign not over four (4) square feet in area (section 21-10, article I, Texarkana, Arkansas Code of Ordinances).
(l)
Water and sewer availability letter. The owner and/or operator shall submit a statement from Texarkana Water Utilities that the property is adequately served by municipal water and sanitary sewer service. For property not served by TWU's municipal water and sanitary sewer service, i.e. private wells and/or septic tank systems, the owner and/or operator shall submit a letter from the Miller County, Arkansas Sanitarian stating the property is adequately served by these systems.
Commercial, licensed child care centers, when located in the approved zones as a permitted use, shall comply with the following provisions:
(a)
Building code/permit requirements. A commercial, licensed child care center shall comply with the Arkansas Fire Prevention Code [Volumes I (Fire), II (Commercial Building), & III (1 & 2-family)] governing, but not limited to the following:
• Electrical distribution;
• Occupancy group and occupancy separation requirements;
• Exiting requirements;
• Structural requirements;
• Roof covering fire classification requirements;
• Fire detection and sprinkler requirements;
• Life safety/rescue access;
• Water supply/sewage disposal; etc.
Additional permits that may be required:
• Mechanical permit;
• Sign permit;
• Electrical permit;
• Plumbing permit;
• Installation or renovation of a sprinkler system;
(b)
Circular driveways. Commercial, licensed child care centers in commercial and industrial zones shall provide a one-way circular driveway (twelve-foot minimum width) with one driveway opening for ingress and one driveway opening for egress. Said circular driveway shall be labeled/signed "one-way" and shall provide twenty (20) linear feet for each eight (8) children.
(c)
Dumpsters. Dumpsters serving commercial, licensed child care centers shall be a screened by a six-foot opaque screening fence on all sides except for that area that must remain unobstructed to allow garbage pickup.
(d)
Front yard restrictions. Child care center operations shall be specifically prohibited in any required front yards or exterior side yard (corner lots) except for off-street parking, drop-off/pick-up areas, and maneuvering space.
(e)
Hours of operation. Shall be restricted to 6:00 a.m. to 9:00 p.m.
(f)
Loading and unloading. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility.
(g)
Location along certain streets. Large, commercial, licensed child care centers shall be located on a collector street or a major arterial street [as classified by the MPO (metropolitan planning organization)], or on a street with direct access to an arterial street. And further, shall be located in an area which is free from conditions dangerous to the physical and moral welfare of the children.
(h)
Minimum lot area. The child care center shall comply with the minimum lot area required for the commercial or industrial zone in which the child care center is located.
(i)
Signs. For commercial, licensed child care centers in the O-1 office and quiet business and C-1 general commercial zones, commercial on-premises advertising signs shall be limited to a maximum of fifty (50) square feet; for the C-3 open display commercial zone, W-1 warehousing and wholesaling, M-1 limited manufacturing, and M-2 general manufacturing zones, commercial on-premises advertising signs shall be limited to a maximum of three hundred (300) square feet; (section 21-10, [chapter 21], article I, Texarkana, Arkansas, Code of Ordinances).
(j)
Safety of children. The planning commission shall consider the necessity for additional appropriate conditions and safeguards to protect the health, safety, and welfare of the children using the facility, including the necessity for additional fences, barriers, other safety devices and buffers or increased off-street parking facilities.
(k)
Water and sewer availability letter. The owner and/or operator shall submit a statement from Texarkana Water Utilities that the property is adequately served by municipal water and sanitary sewer service. For property not served by TWU's municipal water and sanitary sewer service, i.e. private wells and/or septic tank systems, the owner and/or operator shall submit a letter from the Miller County, Arkansas, Sanitarian stating the property is adequately served by these systems.
(Ord. No. K-286, § 1(Art. VI, § 6), 11-21-88; Ord. No. L216, §§ 7, 8, 6-6-05)