city of salina brochure-child & day care centers zoning requirements

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LICENSED DAY CARE HOME An occupied dwelling in which an individual provides care for a maximum of ten (10) children under the age of 14. This number may include the provider’s own children. Homes must be inspected annually by the Health Department and must meet specific State regulations. Licensed Day Care Homes may operate in residentially zoned areas as a permitted home occupation. Those licensed day care providers wishing to care for up to ten (10) children under the age of 14 must first obtain a license from the State of Kansas via the Saline County Health Department. A licensed day care home is a home based business and as such would normally require a home occupation certificate issued by the City of Salina. However, an exception is currently in place providing that in lieu of a home occupation certificate, the Saline County Health Dept. furnishes the City of Salina a list of all licensed child care homes. GROUP DAY CARE HOME An occupied dwelling in which a person provides care for a maximum of twelve (12) children under 16 years of age. These homes are inspected annually by the Saline County Health Department and must meet higher standards than Licensed Day Care Homes. Day Care Homes must employ an assistant to work at the operation. Day care providers wishing to care for a maximum of twelve (12) children must obtain a Conditional Use Permit from the City Planning Commission. The Conditional Use Permit application is reviewed at a public hearing. There is a $133.00 non- refundable application fee. Fees are subject to change without notice. The approval of a Conditional Use Permit is required before a license can be obtained from the Health Department. The Group Day Care Home operator must also reside on the premises. CHILD CARE CENTER A facility providing licensed care for more than 13 children, usually open from 6 a.m. to 6 p.m. on Mondays through Fridays. Centers are inspected once a year by the Health Department and must meet many standards pertaining to health, safety, learning, staff qualification and staff-to-child ratio. Child Care Centers in nonresidential buildings (churches, YMCAs, the Martin Luther King Center, etc.) in residentially zoned areas must obtain a Conditional Use Permit. Child Care Centers may operate in commercially zoned areas (C-1 to C-5) without special permission. Child Care Centers located in residences must be in a dwelling resided in by the Child Care Center operator. PRESCHOOL A preschool is a facility licensed for up to 12 children who attend no more than three (3) hours per day. Preschools are inspected annually by the Saline County Health Department and must meet the same standards as Child Care Centers. Preschools located in residential and nonresidential buildings in residentially zoned areas require a Conditional Use Permit. Preschools may operate in commercially zoned areas (C-1 to C -5) without review and approval. Preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling. COMMONLY ASKED QUESTIONS REGARDING DAY CARE CENTERS The following list includes several commonly asked questions about zoning requirements for operating day care centers for children: 1. What is a Day Care Home? A Day Care Home is an occupied dwelling in which a person provides care for a maximum of 10 children under 16 years of age, with a limited number of children under kindergarten age in accordance with K.A.R. 28-4-114(e) (1). 2. Do I count my own children when determining how many children will be provided care? Yes, but only your children under eleven (11) years of age count toward the maximum of ten. The resident provider's children who are age eleven (11) or older are not counted for this definition. 3. What is a Group Day Care Home? A Group Day Home is an occupied dwelling in which a person provides care for a maximum of twelve (12) children under 16 years of age. 4. May anyone operate a Day Care Center for children from his/her residence? Yes. Licensed Day Care homes are considered Home Occupations. Those providers seeking a Group Day Care Home license must first obtain a Conditional Use Permit from the Planning Commission. Daycare operators must

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LICENSED DAY CARE HOME

An occupied dwelling in which an individual provides care for a maximum of ten (10) children under the age of 14. This number may include the provider’s own children. Homes must be inspected annually by the Health Department and must meet specific State regulations. Licensed Day Care Homes may operate in residentially zoned areas as a permitted home occupation. Those licensed day care providers wishing to care for up to ten (10) children under the age of 14 must first obtain a license from the State of Kansas via the Saline County Health Department. A licensed day care home is a home based business and as such would normally require a home occupation certificate issued by the City of Salina. However, an exception is currently in place providing that in lieu of a home occupation certificate, the Saline County Health Dept. furnishes the City of Salina a list of all licensed child care homes.

GROUP DAY CARE HOME

An occupied dwelling in which a person provides care for a maximum of twelve (12) children under 16 years of age. These homes are inspected annually by the Saline County Health Department and must meet higher standards than Licensed Day Care Homes. Day Care Homes must employ an assistant to work at the operation. Day care providers wishing to care for a maximum of twelve (12) children must obtain a Conditional Use Permit from the City Planning Commission. The Conditional Use Permit application is reviewed at a

public hearing. There is a $133.00 non-refundable application fee. Fees are subject to change without notice. The approval of a Conditional Use Permit is required before a license can be obtained from the Health Department. The Group Day Care Home operator must also reside on the premises.

CHILD CARE CENTER

A facility providing licensed care for more than 13 children, usually open from 6 a.m. to 6 p.m. on Mondays through Fridays. Centers are inspected once a year by the Health Department and must meet many standards pertaining to health, safety, learning, staff qualification and staff-to-child ratio. Child Care Centers in nonresidential buildings (churches, YMCAs, the Martin Luther King Center, etc.) in residentially zoned areas must obtain a Conditional Use Permit. Child Care Centers may operate in commercially zoned areas (C-1 to C-5) without special permission. Child Care Centers located in residences must be in a dwelling resided in by the Child Care Center operator.

PRESCHOOL

A preschool is a facility licensed for up to 12 children who attend no more than three (3) hours per day. Preschools are inspected annually by the Saline County Health Department and must meet the same standards as Child Care Centers. Preschools located in residential and nonresidential buildings in residentially zoned areas require a Conditional Use Permit. Preschools may operate in commercially zoned areas (C-1 to C-5) without review and approval. Preschools providing care for no more than twelve (12) children per session may be located in an unoccupied dwelling.

COMMONLY ASKED QUESTIONS REGARDING DAY CARE CENTERS

The following list includes several commonly asked questions about zoning requirements for operating day care centers for children: 1. What is a Day Care Home?

A Day Care Home is an occupied dwelling in which a person provides care for a maximum of 10 children under 16 years of age, with a limited number of children under kindergarten age in accordance with K.A.R. 28-4-114(e)(1).

2. Do I count my own children when determining how many children will be provided care?

Yes, but only your children under eleven (11) years of age count toward the maximum of ten. The resident provider's children who are age eleven (11) or older are not counted for this definition. 3. What is a Group Day Care Home?

A Group Day Home is an occupied dwelling in which a person provides care for a maximum of twelve (12) children under 16 years of age. 4. May anyone operate a Day Care Center for children from his/her residence?

Yes. Licensed Day Care homes are considered Home Occupations. Those providers seeking a Group Day Care Home license must first obtain a Conditional Use Permit from the Planning Commission. Daycare operators must

CHILD/DAY CARE CENTERS CITY OF SALINA

ZONING REQUIREMENTS

Although anyone may provide child care,

regulated child care gives parents greater assurance that minimum standards for such care are being met. By law, anyone

who cares for a child in his or her home on an ongoing basis, and who is not related to that child, must be licensed.

Licensed Child/Day Care in Home

Group Child/Day Care in Home

Child/Day Care Center

Preschool

reside on the premises. Preschools and Child Care Centers (more than 12 children) in a nonresidential building must also obtain a Conditional Use Permit to operate in residentially zoned areas but may operate in commercially zoned areas without special zoning or use approval from the City of Salina.

5. What is a Conditional Use?

A Conditional Use is an allowed use in a particular zoning district which must be individually approved by the Planning Commission at a public hearing. Not all Conditional Use applications are approved and some which are approved have specific conditions attached.

6. Why would my application for a

Conditional Use Permit not be approved?

There is no single answer to this question. The applicant must attend the hearing and has the burden of showing that approval of the Conditional Use will not cause injury to the surrounding neighborhood.

7. What conditions might be imposed to gain approval of my application?

Fencing or adequate parking for any employees or for parents dropping off or picking up their children may be required. The public hearing will determine what, if any, conditions are imposed. For example, assistants or employees might not be allowed if there is not adequate off-street parking.

8. Do I need a City business license to operate a Day Care Center for children?

No. But the proposed Day Care location

must be inspected to insure that it will comply with applicable building code, fire code and Saline County Health

Department regulations.

Building permit requirements may also apply. Please consult with staff to determine if any proposed improvements will require a building permit If you have additional questions regarding Day Care center zoning requirements please contact:

City of Salina

Development Services Department City-County Building

300 W. Ash Street, Room 201 Salina, KS 67402-0736

785-309-5720 FAX 785-309-5713

For Saline County Health requirements

please contact:

Saline County Health Department 625 E. North Street

785-826-6600

PLF-129 Rev. 02-2014