SECTION 120:10-5-21. Child care facilities  


Latest version.
  • (a)   Purpose. It is the purpose of this section to provide land use requirements for child care facilities as defined in OAC 120:10-1-3. Child care facilities shall qualify for inclusion in a district as conditional uses under the procedures in OAC 120:10-13-19.
    (b)   Conditional use permit required. To control factors that accompany child care facilities such as safety, noise, and traffic, a conditional use permit is required for all child care facilities. An approved conditional use permit is non-transferable and the use shall permanently cease upon the applicant's abandonment of the property or termination of the use.
    (c)   Child care home. Child care home, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:
    (1)   Single Family Residential District (RD-1)
    (2)   Low Density General Residential District (RD-2)
    (3)   Low Rise General Residential District (RD-3)
    (4)   High Rise General Residential District (RD-4)
    (5)   Historic Preservation District (HP)
    (d)   Child care center or childhood development center. Child care center or childhood development center, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:
    (1)   Neighborhood Commercial District (CN)
    (2)   Office Commercial District (CO)
    (3)   Health Center Commercial District (CHC)
    (4)   Health Center District (HC)
    (5)   Public District (P)
    (e)   Submission requirements. In addition to the requirements stated in OAC 120:10-13-19, the following documentation must be submitted for review of any proposed adult day care center:
    (1)   Off-street parking. Off-street parking lots and areas shall be designed, constructed, maintained and landscaped in compliance with the requirements in Subchapter 7 and Subchapter 17 and any other conditions the Commission determines necessary for safe access and egress.
    (2)   Handicapped parking and access. Handicapped parking shall be provided for employees and uses of child care centers in accordance with Subchapter 7. Handicapped access to the facility shall be provided in accordance with the Americans with Disabilities Act, Guidelines and Regulations.
    (3)   Signage. All signage shall be in accordance with Subchapter 15 and be reviewed and approved by the Commission prior to installation.
    (4)   Outdoor play area. Any yard area reserved for outdoor play area shall be based on the Department of Human Services requirements for child care facilities and shall be enclosed and visually screened. If the Commission determines it necessary, additional landscaping may be required to provide for the safety and protection of the occupants and the neighborhood in which the center is located.
    (5)   Special exemption. A child care center may be approved in any zoning district as a secondary use to a humanitarian or philanthropic foundation, or institution of religion, given the suitability of the physical facility for use by large numbers of children and provided the center conforms to all other regulations requirements.
    (6)   License required. All child care facilities shall meet the safety, design facilities, equipment and other features as outlined in the licensing process for the Child Care Licensing Division of the Department of Human Services, the Oklahoma City and County Health Department, and the City of Oklahoma City.
[Source: Added at 28 Ok Reg 2216, eff 7-25-11; Amended at 34 Ok Reg 849, eff 9-11-17]