Residential Day Care Ordinance

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ORDINANCE NO. 1592
Effective September 7, 2004

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE UNIFIED LAND DEVELOPMENT CODE OF THE TOWN OF GILBERT, ARIZONA, BY AMENDING THE GLOSSARY TO REVISE THE DEFINITIONS OF "DAY CARE, CHILD" AND "DAY CARE, HOME OCCUPATION" AND ADD A DEFINITION FOR "DAY CARE, RESIDENTIAL"; AND AMENDING CHAPTER I LAND USE DESIGNATION, ARTICLE I ZONES (DISTRICT CLASSIFICATIONS'), SECTION 1.32 (Rl-43) RURAL ZONING DISTRICT -ONE ACRE PER DWELLING UNIT; SECTION 1.33 (Rl-35) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - 35,000 SOUARE FEET PER DWELLING UNIT; SECTION 1.39 (Rl -5) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - 5,000 SQUARE FEET PER DWELLING UNIT; AMENDING
ARTICLE I1 GENERAL REGULATIONS, SECTION 2.6 SPECIFIED USES, BY ADDING NEW SUBSECTION 2.67 RESIDENTIAL DAY CARE, ALL RELATED TO ADDING RESIDENTIAL DAY CARE AS A PERMITTED USE IN SINGLE- FAMILY RESIDENTIAL DISTRICTS, DEFINING RESIDENTIAL DAY CARE AS CARE FOR SIX TO TEN CHILDREN OR ADULTS, AND SETTING FORTH REQUIREMENTS FOR OPERATION OF A RESIDENTIAL DAY CARE USE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES

NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows:

Section I. In General.

The Unified Land Development Code of the Town of Gilbert, Arizona, Glossary is hereby amended to read as follows (deletions in strickout, additions in ALL CAPS):

GLOSSARY

For the purpose &OF this Code, the following words and terms are hereby defined as follows:

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DAY CARE, CHILD: The care, supervision, and guidance of a child or children through the age of TWELVE (12) years; unaccompanied by parent, guardian or custodian, for periods of less thanThis is the background image for an twenty-four hours per day, in a place other than the child's or the children's own home or homes.

Day Care, Home Occupation: A permanent residential unit where an occupant provides day care and supervision for 5 or fewer children or adults not residing in the household, whether or not for compensation. The following uses are not a Home Occupation Day Care use: Group Homes for the Handicapped and Shelter Care Facility.

Day Care, Residential: Either child day care provided for at least 6 and not more than 10 children or adult day care for at least 6 and not more than 10 adults. The following uses are not a Residential Day Care use: Group Homes for the Handicapped and Shelter Care Facility.

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The Unified Land Development Code of the Town of Gilbert, Arizona, is hereby further amended by amending Chapter 1 Land Use Designation, Article I Zones (District Classifications), Section 1.32 (Rl-43) Rural Zoning District -One acre per dwelling unit, to read as follows:

Sec. 1.32 (Rl-43) Rural Zoning District-One (1) acre per dwelling unit.

This Zoning District is intended to provide one-acre lots for farms and accessory uses. The General Plan land use classification for this District is Low Density Residential.

A. Permitted Uses:

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15. RESIDENTIAL DAY CARE, SUBJECT TO THE RESTRICTIONS SET FORTH IN SUBSECTION 2.67 (RESIDENTIAL DAY CARE).

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The Unified Land Development Code of the Town of Gilbert, Arizona, is hereby further amended by amending Chapter 1 Land Use Designation, Article I Zones (District Classifications), Section 1.33 JR1-35) Single-family Residential Zoning District -35,000 square feet per dwelling unit, to read as follows:

Sec. 1.33 (Rl-35) Single-family Residential Zoning District -35,000 square feet per dwelling unit.


A. Permitted Uses:

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10. RESIDENTIAL DAY CARE, SUBJECT TO THE RESTRICTIONS SET FORTH IN SUBSECTION 2.67 (RESIDENTIAL DAY CARE).

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The Unified Land Development Code of the Town of Gilbert, Arizona, is hereby further amended by amending Chapter 1 Land Use Designation, Article I Zones (District Classifications), Section 1.39 JR1-5) Single-family Residential Zoning -District -5,000 square - feet per Dwelling Unit, to read as follows:

Sec. 1.39 (Rl-5) Single-family Residential Zoning District -5,000 square feet per dwelling unit.

A. Permitted Uses:

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10. RESIDENTIAL DAY CARE, SUBJECT TO THE RESTRICTIONS SET FORTH IN SUBSECTION 2.67 (RESIDENTIAL DAY CARE).

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The Unified Land Development Code of the Town of Gilbert, Arizona, is hereby further amended by amending Chapter 1 Land Use Designation, Article I1 General Regulations Section 2.6 Specified Uses, by adding new Subsection 2.67 Residential Day Care, to read as follows:

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2.67 Residential Day Care

RESIDENTIAL DAY CARE USES SHALL COMPLY WITH THE REQUIREMENTS FOR HOME OCCUPATIONS, EXCEPT AS
MODIFIED BY THIS SUBSECTION.

A. THE RESIDENTIAL DAY CARE USE SHALL NOT CHANGE THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD.

B. THE RESIDENTIAL DAY CARE USE SHALL COMPLY APPLICABLE STATE OF ARIZONA DEPARTMENT OF HEALTH SERVICES LICENSING REQUIREMENTS.

C. ONE EMPLOYEE NOT RESIDING IN THE DWELLING UNIT IS PERMITTED AT ANY ONE TIME.

D. NO IDENTIFICATION FROM A PUBLIC STREET BY SIGNAGE, GRAPHICS, DISPLAY OR OTHER VISUAL MEANS IS PERMITTED EXCEPT AS PROVIDED IN SECTION 3.5 OF THIS CODE.

E. ALL OUTDOOR RECREATION AREAS SHALL BE COMPLETELY SCREENED AND ENCLOSED BY A SIX-FOOT HIGH SOLID MASONRY WALL WITH SOLID SELF-CLOSING AND SELF-LATCHING GATES.

F. NO EXISTING GARAGE, CARPORT STRUCTURE, OR DRIVEWAY SHALL BE EXPANDED, ENCLOSED, DISPLACED, OR OTHERWISE MODIFIED FOR THE PURPOSE OF ACCOMMODATING THE RESIDENTIAL DAY CARE USE.

G. ANY EXPANSION, REMODELING, OR OTHER MODIFICATION OF A DWELLING UNIT SHALL COMPLY WITH ALL APPLICABLE TOWN CODES
WITHOUT REQUIRING A VARIANCE OR RELIEF FROM STANDARD REQUIREMENTS FOR THE ZONING DISTRICT WITHIN WHICH THE DWELLING UNIT IS LOCATED.

H. NO RESIDENTIAL DAY CARE USE SHALL BE CONDUCTED ON THE SAME STREET WITHIN THREE HUNDRED (300) FEET OF ANOTHER RESIDENTIAL DAY CARE USE, MEASURED FROM THE NEAREST PROPERTY LINES OF THE RESIDENTIAL DAY CARE USES.
Section 11. Providing for Repeal of Conflicting Ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

Section 111. Providing for Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Section IV. Providing for Penalties.

Any person found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described.