Zoning Test Amend. Child Care Resource & Refereal
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF L:~
[)LfBDQUE
~~~
December 8, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant: Cherie Kennedy/Child Care Resource & Referral
Description: To amend the zoning ordinance regulations regarding daycare to be
consistent with State of Iowa regulations.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, memorandum and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request, reviewing the proposed changes to the City
Zoning Ordinance to reflect changes made to state law concerning daycares.
Staff reviewed the submitted amendment, noting that current city daycare provisions
reference State Code sections that have now been changed, creating inconsistencies
regarding the regulation of daycare.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that among the changes
requested, the number of children allowed to be cared for in a home without obtaining a
conditional use permit will be raised from 11 to 16 children. The Commission discussed
changes and felt that they would create consistent, current regulations which would not
adversely impact residential neighborhoods.
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
.^ j ~ <7+,-lJ..)
Jui ~~-;11/L
Jeff stilek Vice Chairperson
Zoning Advisory Commission
----------~..--..---------~------,--..---_._____..,._,_.__________~_~_._____._____.~____._..~__.____.__u___________
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13" St Telephone: 589-4121
ORDINANCE NO.
06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING CHILD CARE
AS AN ACCESSORY USE IN THE R-1 SINGLE-FAMILY, R-2 TWO-FAMILY,
R-2A ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY,
R-4 MULTI-FAMILY AND OR OFFICE RESIDENTIAL DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Sections 3-1.1 (c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-
2.1 (c) of the Code of Ordinances are hereby amended by adding Child Care as an
accessory use in the R-1, R-2, R-2A, R-3, R-4 and OR Districts as follows:
Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-2. 1 (c)
(C) Accessory Uses: The following uses shall be permitted as accessory
uses as provided in Section 4 of this Ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off-street parking and storage of vehicles.
(13) Fences.
Prepared by: Laura Carstens City Planner Address: CityHall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W 13th St Telephone: 589-4121
ORDINANCE NO. 78 06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING CHILD CARE
AS AN ACCESSORY USE IN THE R-1 SINGLE-FAMILY, R-2 TWO-FAMILY,
R-2A ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY,
R-4 MULTI-FAMILY AND OR OFFICE RESIDENTIAL DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-
2.1(c) of the Code of Ordinances are hereby amended by adding Child Care as an
accessory use in the R-1, R-2, R-2A, R-3, R-4 and OR Districts as follows:
Sections 3-1.1(c), 3-1.2(c), 3-1.3(c), 3-1.4(c), 3-1.5(c) and 3-2.1(c)
(C) Accessory Uses: The following uses shall be permitted as accessory
uses as provided in Section 4 of this Ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Nonwmmercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off-street parking and storage of vehicles..
(13) Fences.
(14) Garage sales or rummages sales provided that not more than
three (3) such sales shall be allowed per premises per calendar
year and not more than three
(15) Child Care
Ordinance No. -06
Page 2
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 18"' day of December, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk,CMC
Ordinance No. -06
Page 2
(14) Garage sales or rummages sales provided that not more than
three (3) such sales shall be allowed per premises per calendar
year and not more than three
(15) Child Care
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2006.
Roy D. Suol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121
ORDINANCE NO.
06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 4-7.2,
PERMITTED HOME OCCUPATIONS, DELETING DAY CARE HOME AS A
PERMITTED HOME OCCUPATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by deleting day care home as a permitted
home occupation from Section 4-7.2 as shown below:
4-7.2 Permitted Home Occupations: The following are permitted home
occupations:
(a) Dressmaking, sewing and tailoring.
(b) Painting, sculpturing and writing.
(c) Telephone answering.
(d) Home crafts.
(e) Tutoring limited to four (4) persons at one time.
(f) Home cooking and preserving.
(g) Computer programming.
(h) Art studio.
(i) Day saFe homo for lolp te elevon (11) sAilElrsA at one time, as
defined by chapter 237 ^ of tho CeEle of Iowa. This nloJmeer
sholl iAsllolEle the pro,,'idor's o':ln childr-cn wAe aFe not r-egloJlarly
in school full Elays. One mspeRsiele indiviElloJal, age felolReeR
(1 <1) or elEler, shall be on Ellolty to assist tho Elay sare home
pro'Jidor wheA them ar-c mem tAa" six (6) ehilElreA pmseAt fer
more tAaA a 1\\'0 (2) Aelolr perioEl. Reserved for future use.
(j) Teaching limited to four (4) persons at one time.
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: CitY Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 79- 06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 4-7.2,
PERMITTED HOME OCCUPATIONS, DELETING DAY CARE HOME AS A
PERMITTED HOME OCCUPATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by deleting day care home as a permitted
home occupation from Section 4-7.2 as shown below:
4-7.2 Permitted Home Occupations: The following are permitted home
occupations:
(a) Dressmaking, sewing and tailoring.
(b) Painting, sculpturing and writing.
(c) Telephone answering.
(d) Home crafts.
(e) Tutoring limited to four (4) persons at one time.
(f) Home cooking and preserving.
(g) Computer programming.
(h) Art studio.
(i) Reserved for future use.
(j) Teaching limited to four (4) persons at one time.
Ordinance No. -06
Page 2
(k) Cake decorating.
(L) Income tax preparation.
(m) Mailing services
(n) Insurance sales persons
(o) ceramics
(P) typiest/stenographer
(q) film processing
(r) home products distributors
(s) consultant services
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 18th day of December, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk, CMC
Ordinance No. -06
Page 2
(k) Cake decorating.
(I) Income tax preparation.
(m) Mailing services.
(n) Insurance sales persons.
(0) Ceramics.
(p) Typist/stenographer.
(q) Film processing.
(r) Home products distributors.
(s) Consultant services.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens. Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121
ORDINANCE NO.
06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW
DEFINITION TO SECTION 8 TO DEFINE CHILD CARE AND LICENSED CHILD
CARE CENTERS AND DELETE THE DEFINITION FOR DAY CARE HOME AND
GROUP DAY CARE CENTER.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by adding new definitions to Section 8 as follows:
Child Care: The care or supervision of a child by a person other than the
child's parent/guardian or custodian for periods of less than 24 hours per
day per child on a regular basis. Child Care does not include a Licensed
Child Care Center.
Licensed Child Care Center: A facility providing child care or preschool
services for children that requires State of Iowa licensure.
Section 2. Appendix A of the Zoning Ordinance of the City of Dubuque Code of
Ordinances is herby amended by deleting the following definitions from Section 8:
Day sam home: ^ residential accessory use Jlr.evidinll tempor:ary supplemental
par-eAtal sar-e for shilsmn wher-e sush ear-e is prEl','ises within a swelliAllunit by the
permanent resident ther.eof, fer no mElm than eleven (11) ehildr-en an!l defines by
chapter 237 ^ of the Cose Elf Iowa. This number shall include the pr-evider's own
childr-en who am not r-ellularly in sehGol full !lays.
Prepared by: Laura Carstens City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 80- 06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE C{TY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW
DEFINITION TO SECTION 8 TO DEFINE CHILD CARE AND LICENSED CHILD
CARE CENTERS AND DELETE THE DEFINITION FOR DAY CARE HOME AND
GROUP DAY CARE CENTER.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by adding new definitions to Section 8 as follows:
Child Care: The care or supervision of a child by a person other than the
child's parent/guardian or custodian for periods of less than 24 hours per
day per child on a regular basis. Child Care does not include a Licensed
Child Care Center.
Licensed Child Care Center: A facility providing child care or preschool
services for children that requires State of Iowa licensure.
Section 2. Appendix A of the Zoning Ordinance of the City of Dubuque Code of
Ordinances is herby amended by deleting the following definitions from Section 8:
Ordinance No. -O6
Page 2
Section 3. That the foregoing has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication.
Passed, approved and adopted this 18th day of December, 2006
Roy D. Buol
Attest:
Jeanne F. Schneider, City Clerk, CMC
Ordinance No. -06
Page 2
Gr-el,lP day sar-e senter: .'\n estaDlisl:1ment r-egl,llarly Ilroviding temper-ary
sl,lPlllementalllar-ental Clare or edl,lsational instruGtien for more than ele-ten (11)
sl:1ildr-en, or as defined BY sl:1apter 2'J7..'\ of the Cede of Iowa.
Section 3. That the foregoing has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication.
Passed, approved and adopted this
day of
2006.
Roy D. Suol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: Citv Hall. 50 W. 13m St Telephone: 589-4121
ORDINANCE NO.
06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING GROUP
DAY CARE TO LICENSED CHILD CARE CENTER, AND AMENDING THE
FLOOR AREA REQUIREMENTS TO REFLECT STATE OF IOWA
REGULATIONS IN THE R-1 SINGLE-FAMILY, R-2 TWO FAMILY, R-2A
ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY, R-4
MULTI-FAMILY, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE, OC OFFICE
COMMERCIAL, C-2 NEIGHBORHOOD SHOPPING CENTER, C-3 GENERAL
COMMERCIAL, C-4 DOWNTOWN COMMERCIAL, C-5 CENTRAL BUSINESS, LI
LIGHT INDUSTRIAL, MHI MODIFIED HEAW INDUSTRIAL, AND HI HEAW
INDUSTRIAL DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-1.1 (D)(2) and adopting
the following new Section 3-1.1 (D)(2) for the R-1 Single-Family Residential District:
(D) Conditional Uses:
(2) Group day sare Licensed child care center provided that:
(a) Forty (10) sEjuar.e feet of iAaear floor area (eJEsluding halls aAd
llathr:eems) is proviaea per child in areas occupied lly sFills, thirty
five (35) squaro feet af indoor ar.ea (eKcluding halls aAd
bathr.eems) is pr-ovided per child in ar.eas not occupied by cribs
times the Iisensed oapasity, and seveRly H'/e (75) sEjuar.e feet of
fenood outdoor r-ooroatien spaoo is pr:e\<idod per child usiRg the
spaoe at a given time; All applicable state requirements have
been met;
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13th Telephone: 589-4121
ORDINANCE NO. 81 06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING GROUP
DAY CARE TO LICENSED CHILD CARE CENTER, AND AMENDING THE
FLOOR AREA REQUIREMENTS TO REFLECT STATE OF IOWA
REGULATIONS IN THE R-1 SINGLE-FAMILY, R-2 TWO FAMILY, R-2A
ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI-FAMILY, R-4
MULTI-FAMILY, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE, OC OFFICE
COMMERCIAL, C-2 NEIGHBORHOOD SHOPPING CENTER, C-3 GENERAL
COMMERCIAL, C-4 DOWNTOWN COMMERCIAL, C-5 CENTRAL BUSINESS, LI
LIGHT INDUSTRIAL, MHI MODIFIED HEAVY INDUSTRIAL, AND HI HEAVY
INDUSTRIAL DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-1.1(D)(2) and adopting
the following new Section 3-1.1(D)(2) for the R-1 Single-Family Residential District:
(D) Conditional Uses:
(2) Licensed child care center provided that:
(a) All applicable state requirements have
been met;
Ordinance No. -06
Page 13
Comprehensive Environmental Response Compensation and
Liability Act; 40 C. F. R. section 302.4; and section 302.4, and
section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
(g) If the applicant is subject to the requirements of section 302 of the
Superfund Amendments and Reauthorization Act of 1986, the
Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of extremely
hazardous substances kept or stored on the premises. If any
such extremely hazardous substances are kept or stored on the
premises, the applicant shall also post in a conspicuous place on
the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards
presented by such substances.
Section 16. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 17. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 18th day of December, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Ordinance No. -06
Page 2
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 2. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.2(0)(3) and adopting the
following new Section 3-1.2(0)(3) for the R-2 Two-Family Residential District.
(D) Conditional Uses:
(3) Gr~l,lll aay sare Licensed child care center provided that:
(a) Forty (4Q) sE\l,lare feet of indoor floor ama (eJEGIl,lainlJ halls and
bathrooms) is pr-ovided Iler child in areas occupiec:lby cribs, thirty
five (:35) sE\t,lare feet of indoor area (exslt,ldinlJ halls and
bathrooms) is proviaea per chilc:l in ar-eas not osst,llliea by cribs
times the lisensed capacity, ana se\'enty five (75) sqt,lsre feet af
fencec:l ot,ltaeer Fecr-eation space is pr~viaec:lller chilc:l t,lSinlJ the
sllase at a gi'"en timo; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 3. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.3(0)(4) and adopting the
following new Section 3-1.3(0)(4) for the R-2A Alternate Two-Family Residential
District.
Ordinance No. -06
Page 3
(D) Conditional Uses:
(4) Group aay oar-e Licensed child care center provided that
(a) Forty (40) square feet af inElaar floor ama (exoluding Ralls ana
eathr-ooms) is pro'/ideEl per chilEl in aroas accupieEl ey ories, thirty
five (35) squar-e feet af inElaar ama (exoluding halls and
eathraams) is provided per ohild in amas not occupieEl ey ories
times the lioensed oapaoity, anEl seve nt}' five (75) squar-o feet of
fenoeEl outEloor msr-eatian spasa is provided per chilEl using tRe
space at a given time; All applicable state requirements have
been met;
(b) The parking group requirements oan be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 4. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.4(0)(5) and adopting the
following new Section 3-1.4(0)(5) for the R-3 Moderate Density Multi-Family Residential
District.
(D) Conditional Uses:
(5) Group Elay sar-e Licensed child care center provided that:
(a) Forty (4Q) squam feet of inElaar floor ar-ea (9l(sluEling halls anEl
eatRr-oems) is pr-eviEleEl per chilEl in amas aooupieEl ey ories, thirty
five (35) squaFe feet of indoor area (excluEling halls and
eathrooms) is providea per sRilEl in areas not essllpieEl ey cries
times the licensed capasity, and se'/enty five (75) squar-e foet of
fenceEl outaaar Fesreation spase is previEled per oRilElllsing tRe
spase at a given time; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
Ordinance No. -06
Page 4
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 5. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.5(0)(4) and adopting the
following new Section 3-1.5(0)(4) for the R-4 Multi-Family Residential District.
(D) Conditional Uses:
(4) Group aay car-e Licensed child care center provided that:
(a) Forty (40) squar-o foet of inaoor floor ar-ea (exelueiA!iI halls and
bathr-ooms) is previeod por ohild in areas oooupied by cries, thirty
five (35) squaro foet of indoor ar-oa (exoluaiA!iI ~alls aAd
bathr-ooms) is pm'lieee per c~ild in areas not occupied by CAbs
times the lieensod oapaoity, and seventy five (75) sqllam feot of
fenoed outdoor reor-eation space is provided por child using the
spaoe at a !ili'len time; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 6. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.1(0)(4) and adopting the
following new Section 3-2.1 (0)(4) for the Office Residential District.
(D) Conditional Uses:
(4) Gr-oup day eare Licensed child care center provided that:
Ordinance No. -06
Page 5
(a) Forty (10) sqI,Jare feet of iAaoor floor area (exoll,Jaing halls and
bathrooms) is pro':iaed per child in ar-eas oSGI,Jpied by Gribs, thirty
five (~5) sqI,Jar-e feet of indoor area (exGI(,JaiAg halls aAa
bathrooms) is proviaea per chils in areas not oooI,Jpiee by oribs
times the lioeAsea capaoity, am:! seveAty fi.:o (75) sE!(,Jare feet at
feAOOS oI,Jtsoor recreation spaoo is provisos per Ghils I,JsiAg the
space at a given time; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 7. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.2(0)(2) and adopting the
following new Section 3-2.2(0)(2) for the Office Service District.
(D) Conditional Uses:
(2) GroI,JP aay sare Licensed child care center provided that:
(a) Forty (40) sqI,Jare feet of iAaear floor ama (oxclI,Jding halls aAa
bathr-ooms) is provises per chils in areas aSGupiea by cribs, thirty
five (d5) sE!I,Jar-e feet of indoor area (oxolusing halls aRa
bathrooms) is provided per Ghils iR areas not ocol,Jpios by cribs
times the lioensed Gapaoity, aRa se'/eRty five (75) square feet of
feRsea eI,Jteeer resreatien spaco is provisos por child I,Jsing tl:1o
spaco at a given timo; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
Ordinance No. -06
Page 6
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 8. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.3(0)(4) and adopting the
following new Section 3-2.3(0)(4) for the Office Commercial District.
(D) Conditional Uses:
(4) Group day care Licensed child care center provided that:
(a) Forty (49) squar-e feet af indoor floor area (excludin!ll:1alls and
bathrooms) is provided per child in ar-eas accupied by cribs, thirty
fi..'e (35) 5quar-e feet af indoor area (elEcluding l:1all5 and
bath roams) is provided per chils in areas nat aCGupied by cribs
times tt:le licensed capacity, and s9'Jenty five (75) square feet of
fenced outdoor r-ocreation space is provided per Gl:1ild using the
space at a !li'Jen time; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 9. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-3.2(0)(7) and adopting the
following new Section 3-3.2(0)(7) for the C-2 Neighborhood Shopping Center District.
(D) Conditional Uses:
(7) Gr-oup day oar-o Licensed child care center provided that:
(a) Forty (40) sqlolare feet of indaar Jlaar ar-ea (exclloldin!l t:lalls and
bathr-ooms) is provided per child in ar-eas occupied by mibs, thirty
fi\<e (35) squar-e feet of indoor area (olEcluding halls and
bathr-ooms) is pr-o':ided per ct:lild in amas not occupied by cr~bs
times the licensed ca!'lacity, and se'Jonty five (75) square feet of
Jenced outdoor mcmation space is !'lrovided !'lor child using the
Ordinance No. -06
Page 7
space at a given time; All applicable state requirements have
been met;
(b) The parking group requirements can be met - [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non-illuminated, wall-mounted sign
not to exceed four (4) square feet in area.
Section 10. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.3(0)(2) and adopting
the following new Section 3-3.3(0)(2) for the C-3 General Commercial District.
(D) Conditional Uses:
(2) Gmup say car-e Licensed child care center provided that:
(a) F'or-ty (10) squar-e foot of indoor floor ar-ea (oxcludingl=lalls aAEl
bathrooms) is previEleEl per child in areas occupiea ey cries, ; All
applicable state requirements have been met;
(b) Thirty fivo (35) square feet of indoor ama (Ol<cluEliAg halls ana
bathrooms) is proviEled per child in areas not occupied by cribs
times tho licensed capacity, and
(Ell Sal/anty five (75) square feet of fenced outdoor r8ElreatioA spacQ
is pro'liEleEl per Ell=lild \,lsiAg the space at a gi'len timo.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, bar/tavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) The parking group requirements can be met - [8]; and
Ordinance No.
Page 8
-06
(f)
Signage for a single-family home location shall be limited to one
non-illuminated, wall-mounted sign not to exceed four (4) square
feet in area.
Section 11. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.4(0)(12) and adopting
the following new Section 3-3.4(0)(12) for the C-4 Downtown Commercial District.
(D) Conditional Uses:
(12) Grout:> day saFe Licensed child care center provided that:
(a) Farty (40) sEllJare feet of iAElaar floor area (exsllJding halls and
bathraeR'ls) is provides per Ghild in areas oGGupies ey sries, ; All
applicable state requirements have been met;
(b) Thirty five (35) sEluar-e fuet af indoor ar-ea (el(cluding halls and
bathr-eeR'ls) is t:>r-ovided per child in ar-eas Ret occupied ey sries
times the liGenses sapaGity, and
(G) Seventy five (75) sEllJar-e faot af fanGed elJtsaor r-esreatian spaGo
is pr-evided per child using the spase at a !'Ii'len time.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, bar/tavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) The parking group requirements can be met - [8]; and
(f) Signage for a single-family home location shall be limited to one
non-illuminated, wall-mounted sign not to exceed four (4) square
feet in area.
Section 12. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.5(0)(1) and adopting
the following new Section 3-3.5(0)(1) for the C-5 Central Business District.
Ordinance No. -06
Page 9
(D) Conditional Uses:
(1) Gr-9!'!Jil day care Licensed child care center provided that:
(a) Forty (10) s(:juar-e foet of im:loor fleer ar<la (excl!'!ding halls and
llathrooms) is Jilrevided per child in ar<las occ!'!pied lly crills, ; All
applicable state requirements have been met;
(ll) Thirty five (35) sEl!'!are foet of indoor orca (excluding halls aRd
llathr-gems) is pr-ovided per child in areas not occ!'!pied lly crills
times the licensed capacity, and
(c) Seventy five (75) s(:juar-e foet of fenced outdoer r-ecreation space
is pr'lwided per child using the space at a gi'Jen time.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, barltavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) Signage for a single-family home location shall be limited to one
non-illuminated, wall-mounted sign not to exceed four (4) square
feet in area;. and
(f) The parking group requirements can be met - [8].
Section 13. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.1 (D)( 1) and adopting
the following new Section 3-4.1(D)(1) for the LI Light Industrial District.
(D) Conditional Uses:
(1) Gr-eup day sare Licensed child care center provided that:
(a) Ferty (10) s(:juar-e feet of indoor floor ama (oxcluding hallG and
bathrooms) is previded per shild in ar-eas ess!'!pied lly criDs, ; All
applicable state requirements have been met;
Ordinance No. -06
Page 10
(9) Thirty five (35) squar-e feet of inaoor area (exolllaing i'lalls ana
bati'lroems) is pF9vided per child in ar-eas Ret ocollpied by cribs
times ti'le lieeRseel eapaeity, and
(6) Seventy fj'.'e (75) square root of feRced outeleor F06r-eation spaoe
is fJr-<lvieleel per oi'lilelllSiRg ti'le sfJaoe at a given timo.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, barltavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) The parking group requirements can be met - [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
comply with all local, state and federal regulations governing
hazardous substances, hazardous conditions, hazardous wastes,
and hazardous materials, including but not limited to Iowa Code
Chapter 455B (1991); 42 USC section 9601 of the Federal
Comprehensive Environmental Response Compensation and
Liability Act; 40 CFR section 302.4; and section 302 of the
Superfund Amendments and Reauthorization Act of 1986;
(g) If the applicant is subject to the requirements of section 302 of the
Superfund Amendments and Reauthorization Act of 1986, the
Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of extremely
hazardous substances kept or stored on the premises. If any
such extremely hazardous substances are kept or stored on the
premises, the applicant shall also post in a conspicuous place on
the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards
presented by such substances.
Section 14. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.2(0)(2) and adopting
the following new Section 3-4.2(0)(2) for the HI Heavy Industrial District.
Ordinance No. -06
Page 11
(D) Conditional Uses:
(2) Gro~1'l aay sare Licensed child care center provided that:
(a) F"sFty (40) sq~ar-o feet sf iAaoor floor ama (e)(sl~ding halls aRd
bathr-ooms) is I'lr-o>:ided per shira iR areas oss~pied by GRbs, ; All
applicable state requirements have been met;
(b) Thirty five (35) sq~are feet of indoor ama (el(cl~diRg l:1alls aRa
bathrooms) is proviaea per child iR areas not occ~piea by cribs
times thE! IiseRsed capasity, and
(c) SeveRt)' fi'le (75) sEl~ar-e feet of foRsed o~tdoor resreatien space
is pr-oviaea per shila \,Ising the spaGe at a given time.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, bar/tavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) The parking group requirements can be met - [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
comply with all local, state and federal regulations goveming
hazardous substances, hazardous conditions, hazardous wastes,
and hazardous materials, including but not limited to Iowa Code
Chapter 455B (1991); 42 U. S. C. section 9601 ofthe Federal
Comprehensive Environmental Response Compensation and
Liability Act; 40 C. F. R. section 302.4; and section 302.4, and
section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
(g) If the applicant is subject to the requirements of section 302 of the
Superfund Amendments and Reauthorization Act of 1986, the
Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of el<tremely
hazardous substances kept or stored on the premises. If any
Ordinance No. -06
Page 12
such extremely hazardous substances are kept or stored on the
premises, the applicant shall also post in a conspicuous place on
the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards
presented by such substances.
Section 15. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.4(0)(1) and adopting
the following new Section 3-4.4(0)(1) for the MHI Modified Heavy Industrial District.
(D) Conditional Uses:
(1) GFallp day care Licensed child care center provided that:
(a) Forty (<10) sqllare teet of indoor floor ar-ea (Ol<cluding halls and
bathrooms) is providod por cl:1ila iA areas occupies ey sries, ; All
applicable state requirements have been met;
(e) Tl:1irty five (J5) square feet of iAaoor area (exclusingl:1alls aAs
eatI:1Fl~oms) is provises per chils in ar-eas not ossllpies ey cries
timos the licenses capacity, and
(c) Sovont}' five (75) sqllar-e teet of tensod out<:loor recreation spase
is pr-oviaea per chils using the space at a given time.
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care center may be located within the same
structure as any gas station, bar/tavern, automated gas station or
any facility selling, servicing, repairing or renting vehicles;
(e) The parking group requirements can be met - [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
comply with all local, state and federal regulations governing
hazardous substances, hazardous conditions, hazardous wastes,
and hazardous materials, including but not limited to Iowa Code
Chapter 455B (1991); 42 U. S. C. section 9601 of the Federal
Ordinance No. -06
Page 13
Comprehensive Environmental Response Compensation and
Liability Act; 40 C. F. R. section 302.4; and section 302.4, and
section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
(g) If the applicant is subject to the requirements of section 302 of the
Superfund Amendments and Reauthorization Act of 1986, the
Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of extremely
hazardous substances kept or stored on the premises. If any
such extremely hazardous substances are kept or stored on the
premises, the applicant shall also post in a conspicuous place on
the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards
presented by such substances.
Section 16. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 17. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
uct. c;,j Ub U"t:"t~p
~lannln~ ~erV1CeS
:'635884221
p.4
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~~~
Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OCanditional Use Permit
OAppeal
Ospecial Exception
OUmited 5etbad< Waiver
ORezoning
Dplanned District
OPreliminary Plat
OMinor Final Plat
~ext Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
DAnnexation
[]Temporary Use Permit
OCertificate of Economic Non-Viability
OCertificate of Appropriateness
Oather:
Please tvoe or orint leaiblv in ink
Propertyowner(s): ~~A. ~ 12-e':.1~.( jl.e~ phone:~y-S~t-Il,...z.8
Address: 3z:;DC:; S1lM~4tt '1M. Oty: Dl36l. State:::r:A- Zip: 6~1--
Fax Number: i;jlp1r~/'Y1tv Mobile/Cellular Number:
Applicant/Agent: t1t'\~& \L.e.-VI\'\e~
Address: 3svt; Stvn~ (l)... .
Fax Number: S~ IY7 ~v-&
Phone; ~7-SS1-/~1-r;;:
Oty: bl:iz State: k-Zip: Sun-
Mobile/Cellular Number: 5~ I'<? ~ .
Site location/address: c....tl'-( -,L.! \ oi":
Existing zoning: ~~Proposed zoning: Ull-Historic District: I..l. w Landmark: 1.JPr-
Legal Description (Sidwell parcel 10# or lot number/block number/subdivision): i-J.tJ.-
"""",--,
Total property (lot) area (square feet or acres): IJ. A.--
.
Describe proposal and reason necessary (attach a letter of explanation, if needed): -In A 1-oI\E~
. ecU\ ~1~:~(z"O'j. -t....AI,J./" ...u.AI'-.f'<: -,-v t5€' (.D~ ~'-?-:f~+T "" "~
~-v:>-:re .~~ _ r.!:P kArl'.onJ.c...... 0.0-1' r~ . .....~- -
CERTIFICATION: 1/we, the undersigned, do hereby certify that:
1. TIle information submitted herein is true and correct to the best of my/our i<noWIedge and upon
submittal becomeS public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
-_.-=~--""'~-<
Property Owner(s~ ~ Date:
"";~""""'" ~ tr~ ","" ~~ 4<
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee~- - Received by: L.,k-- Date: /t).3c>.ct. Docket:
DSite/sketch plan 0 Conceptual Development Plan OPhoto OPlat
D1mprovement plans DDesign review project desoiption OAoor plan OOther:
i51:i~~E
~~~
MEMORANDUM
November 29, 2006
FROM:
Zoning Advisory Commission
Guy Hemenway, Assistant Planner ~
TO:
SUBJECT: Amendment to Zoning Ordinance Regulations Regarding Child Care
INTRODUCTION
Cherie Kennedy, representing Childcare Resource and Referral of Project Concern, has
submitted an application seeking to amend the Zoning Ordinance (Ordinance) as it
regards day care regulations. The intent is to update City of Dubuque (City) Zoning
regulations so as to be consistent with changes to the State of Iowa (State) regulations
for day care. Existing City day care regulations are based on out dated State
regulations that cause some confusion and do not reflect reformulated bulk standards
for child care and new definitions recently established by the State.
The applicants request is to eliminate the definitions of day care home and group day
care center from the Ordinance and replace them with child care and licensed child
care center. The applicant also proposes to remove child care from the home
occupation section of the Ordinance and place it as an accessory use in all residential
districts.
"----- --=--..
- --- --',---
_lIJ<!dQltjg!htl:!~ a~<!pt!)rppos.es..tQ..Slightly mo.difyJhe requireJ]J~_nts fora~c!itiJ:ID0L_ ._
- ..' ". ._--.._~..,~.......' . - _.----" ,- -.-". - .. -.' - ~"$'<~-' .-.'...... ._~.-..._.- -~'. -'-"'~
use permit by referring to current State requirements instead of quantifying these
requirements. The substance of the amended requirements and the existing
requirements is the same. Also, the amendment would increase the number of children
permitted in residential child care from eleven to sixteen, as defined by the State.
BACKGROUND
The City Ordinance permits a daycare home for up to 11 children as a home
occupation in all residential districts. This means that if a daycare home meets the
provisions set forth in the home occupation ordinance (Appendix A), it can be
established and operate with no City review or approval required.
A group daycare center, defined by the City Ordinance as an establishment regularly
providing temporary supplemental parental care or educational instruction to more than
11 children, requires a conditional use permit in all zoning districts (group daycare
centers are listed as a permitted use in several of the City's planned districts).
Zoning Advisory Commission
Amendment to Zoning Ordinance regulations regarding daycare
Page 2
Conditional use permits require neighborhood notification and a public hearing before
the Zoning Board of Adjustment.
The City definitions for a day care home and group day care center both state that the
number of children permitted is as defined by Chapter 237 A of the Code of Iowa.
Recently the State has changed its regulations regarding day care (now referred to as
child care), including a change in definitions and the number of children permitted for
various levels of child care. It is the applicant's intention to update City Zoning
regulations so as to align them with current State regulations for child care. This update
would establish consistent standards and clarify definitions, making them more uniform
and easier to apply for City staff, daycare providers and State regulators. . ..:Yt'
DISCUSSION
The applicant's proposed changes are outlined below:
1. To remove day care home from the current list of definitions in Section 8 of the
Ordinance and replace it with child care.
Currently a day care home is defined as a residential accessory use providing
temporary supplemental parental care for children where such care is
provided within a dwelling unit by a permanent resident thereof, for no more
than eleven (11) children and defined by Chapter 237 of the Code of Iowa. The
definition further states that this number shall include the providers own children
who are not regularly in school full days.
This definition will be replaced with child care: the care or supervision of a child
by a person other than the child's parent/guardian or custodian for periods of less
than 24 hours per day per child on a regular basis. Childcare does not include a
licensed child care center.
As wiUbe noted later in the discussion, the number of children will still be
regulated by current State standards.
2. To remove group day care center from the current list of definitions in Section 8
of the Ordinance and replace it with licensed child care center.
A licensed child care center will be defined as: A facility providing child care or
preschool services for children that requires State of Iowa licensure.
3. To remove day care home from the home occupation section of the Ordinance
and place child care under accessory uses in all residential districts. Currently,
a day care home is permitted as a home occupation in all residential districts.
4. To list a licensed child care center as a conditional use under all districts that
currently list group day care center as a conditional use.
Zoning Advisory Commission
Amendment to Zoning Ordinance regulations regarding daycare
Page 3
5. To change the conditional use requirements for a group day care center from:
a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas occupied by cribs, thirty-five (35) square feet of
indoor area (excluding halls and bathrooms) is provided per child in areas
not occupied by cribs times the licensed capacity and seventy-five (75)
square feet of fenced outdoor recreation space is provided per child using
the space at a given time;
b) The parking group requirements can be met - [8];
c) Such facilities shall supply loading and unloading of children so as not to
obstruct public streets, or create traffic or safety hazards;
d) All licenses have been issued or have been applied for awaiting the
outcome of the Board's decision; and
e) Signage shall be limited to one (1) non-illuminated, wall-mounted sign not to
exceed four (4) square feet in area.
to:
a) All applicable State requirements have been met;
b) The parking group requirements can be met - [8]
c) Such facilities shall supply drop-off and pick-up of children so as not to
obstruct public streets or creative traffic or safety hazards;
----- ,.- . --'
_.:="~.;;--.r--~-.
d) All licenses have been issued or have been applied for awaiting the. .~. _ _ ~_.- __
outcome of the Board's decision;
e) Signage shall be limited to one (1) non-illuminated wall-mounted sign not to
exceed four (4) square feet in area.
All of the conditional use permit requirements for a licensed child care center are the
same as for a group day care center except for the first one. The amended language
simply refers to current State regulations for indoor and outdoor area requirements per
child instead of quantifying these requirements. If State standards change, the
Ordinance will automatically reflect these changes.
Therefore, licensed child care centers will be regulated as group daycare centers
are currently regulated. The only difference is that the Ordinance will reflect current
State requirements.
Zoning Advisory Commission
Amendment to Zoning Ordinance regulations regarding daycare
Page 4
RESEARCH
Planning staff have reviewed child care regulations for the cities of Des Moines, Ames,
Cedar Rapids and Iowa City. There is little consistency in definitions of daycare and
standards regulating them between cities.
Numbers: Currently there are approximately 100 Child Development Homes with a total
capacity of 482 children within the city. There are 38 Licensed Child Care Centers
within Dubuque County (this number includes preschools and Head Starts) with a total
capacity of 2000 children. There are numerous other unregistered homes where child
care is provided. The number of these homes is not known but it is estimated that there
are approximately 72 in Dubuque County.
There is little agreement between cities regarding the number of children permitted for
day care as a home occupation. The City of Des Moines states that daycares, as an
accessory use in a residential district, may have no more than 12 unrelated children.
This means that the number could exceed 12 if the daycare provider's children are
present in the home.
The City of Ames permits 11 children to be cared for as a special home occupation with
the qualification that six or fewer of the children are preschool age and that five or fewer
of the children are school age.
The City of Cedar Rapids permits group day care homes to have up to 12 children and
they qualify the number by stipulating that no more than six children at one time shall be
less than six years of age and that there never be four children under two years of age
at a group daycare home.
The City of Iowa City has language similar to that proposed by the applicant in that they
allow a maximum of 16 children, as defined by the State, in a child care home at any
one time. Child care homes are permitted as an accessory use in all residential
dis~~i~!~,:,_,,,,,,,_"::~,,__",_,,,___.,~:.:::;:;..:~,,:"__:: _''''""'';,;"~~~.:_"''''''~ _--:::-:::~.:::;;:""~~,"~.~~~_'_"---.,...""-.,~";:':;-;,,,-":",,,,:;-;';:;-.5'i~;"-~.....-
:':-_'.~=.._.-"=V.,..;,;-:~
All of the cities surveyed require a special use or conditional use permit for daycare
centers (licensed child care centers or group day care centers). Each city, however,
defines a day care center a little differently and calculates the maximum number of
children permitted differently.
In an effort to simplify the Ordinance and to make regulation more efficient, the
applicant has proposed to defer to State definitions regarding the number of children
permitted at each level of child care. Current State standards require that anyone caring
more than five children must register as a child development home and any child care
facility with more than 16 children be licensed as a child care center. When child care
rises to the level that requires State licensure (in general, in excess of 16 children as
defined by the State), a conditional use permit will be required. Therefore, both State
regulations and Zoning Board review for a conditional use permit will be required for a
Zoning Advisory Commission
Amendment to Zoning Ordinance regulations regarding daycare
Page 5
licensed child care center. All other child care will be permitted as an accessory use in
all residential districts.
REGULATION
Staff notes that licensed child care centers are not required by the State to produce
proof that they have received a conditional use permit. However, State regulators notify
licensees that they must check with city zoning officials regarding local child care
regulations. Staff also notes that they are not aware of any day care centers that have
opened in the city without a conditional use permit in the last 15 years. Staff have
received no complaints that group day care centers or day care homes have opened
illegally.
Currently, City staff defer to the State to regulate and monitor child care within the city.
City Planning staff does not have the right to enter a residence without first contacting
the property owner and scheduling an appointment to inspect. Also, the ages of the
children and their status as full-time or part time would be difficult to determine as this
can change frequently.
The State has always regulated this aspect of child care within the City. This process
appears to be more effective because of the State's ability to enter the premises and to
utilize State records regarding the number, age and status of children. This is the way
child care within the community is currently regulated and this would not change under
the proposed amendment.
SUMMARY
The applicants request is to amend the City Zoning Ordinance as it regards child care
by eliminating the definitions of day care home and group day care center and
replacing them with child care and licensed child care center as noted above. The
applicant also proposes to remove child care from the home occupation section of the
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In addition, the applicant proposes to slightly modify the requirements for a conditional
use permit by referring to current State requirements instead of quantifying these
requirements. The substance of the amended requirements and the existing
requirements will remain the same. Also, the amendment would increase the number of
children permitted in residential child care from eleven to sixteen, as defined by the
State.
The proposed amendment would make the Ordinance consistent with State code as it
regards child care within the city. The proposed amendment will also help clarify
current City regulations, make regulation more efficient, and help facilitate the provision
of child care throughout the community. Child care providers will have a single sour-ce
for standards for all child care. When a child care facility rises to the level of a licensed
child care center, the City would then, in addition to State requirements, require a
conditional use permit. The Zoning Board of Adjustment would hold a public hearing,
Zoning Advisory Commission
Amendment to Zoning Ordinance regulations regarding daycare
Page 6
Staff would notify all neighbors within 200 feet of the proposed facility, and the
standards itemized above would be required.
RECOMMENDA liON
Staff recommends the Zoning Advisory Commission review the language as amended
and be prepared to discuss these changes at the meeting.
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PARENT GUIDE TO CHILD DEVELOPMENT HOME REGISTRATION
Iowa uses a system for regulation of child development homes known as registration. Providers
self-certify that they meet the minimum requirements for registration. Iowa law limits the number of
children a home may care for, whether the home is registered or not. A nonregistered child care home
may care for up to five children. The requirements listed in this document apply to registered child
development homes.
In issuing a registration certificate, the Department of Human Services (DHS) is stating that the
provider has certified in writing that they will comply with the state regulations in all areas of
child development home operation. Responsibility for making sure the requirements are met rests
primarily with the provider, the parents of children attending that child development home, and the
community.
All child development home providers have certified to DHS that their child development home
meets all of the requirements described here. (These requirements come from 441 Iowa
Administrative Code, Chapter 110.) They must display their Certificate of Registration in a
conspicuous place. You may review the registration file on a child development home by making
arrangements with the local DHS office.
If you have good reason to believe a child development home does not meet these requirements,
please report the problem to the local DHS office. Your verbal or written report should include the
name and address of the home and each specific requirement you believe is not being met. A staff
person from DHS will contact the child development home to investigate.
DHS must check 20 percent or more of all child development homes in the county during the
calendar year for compliance with registration requirements contained in this handbook.
SS-0702-3 (Rev. ]2/02)
Number of Children. No greater number of children shall be received for care at anyone time
than the number authorized on the registration certificate.
The number of children allowed under each category is shown in the following chart. For all
categories, a provider's own infant and preschool-age children are counted in the total, but the
provider's own children who are attending school are not counted.
CHILD DEVELOPMENT HOMES
Number of Children Allowed in Care
Category A Category B Category C
Under 24 4 at a time- 4atatime- 4 at a time
months Only 3 may be under Only 3 may be under the age Both providers must be
the age of 18 months of 18 months present when 4 children
under the age of 18 months
are in care.
Under school 12
age, including 6 6 If more than 8 are present,
under 24 months both providers must be
present.
School-aged 2 for less than 2 4- 2 for less than 2 hours
(kindergarten or hours at a time Can be full-time in child at a time
a higher grade) care when no school.
Assistant required if more
than 8 are present for more
than 2 hours at a time.
Additional 0 2 at anyone time 2 at anyone time
part-time
Maximum 8 12 16-
capacity If more than 8 children are
present, both providers must
be present.
Maximum for 8 12- 16-
-
inclement If more than :; children are If more than 8 are present,
weather and present, must have a 14 must have 18-year-old
emergency year-old assistant. assistant.
school closings
55-0702-3 (Rev. 12/02)
2
Facility and provider requirements vary, based on the category of child development home. The
following chart outlines the facility, provider, and training requirements for child development homes.
CHILD DEVELOPMENT HOMES
Facility, Provider, and Training Requirements
Category Facility Requirements Provider Qualifications Training Requirements
A . Fire extinguisher . 18 years old . .Within 1st 3 months:
. Smoke detectors . 3 reference letters . Mandatory reporter
training
. First aid with rescue
breathing
. 1 st year of registration:
12 hours training. 2 hours
must be health and safety
. 2nd year and following:
12 hours of training
B . 35 square feet per . 20 years old . Within 1st 3 months:
child indoors . High school diploma or . Mandatory reporter
. 50 square feet of child GED training
space outdoors Have either: . First aid with rescue
.
. Quiet area for sick . 2 years experience breathing
children working directly with . I st year of registration:
. Fire safety: children in child care, or 12 hours training. 2 hours
. Fire extinguisher . CDA or 2- or 4 -year must be health and safety
. Smoke detectors degree in child care related . 2nd year and following:
. Two direct exits field AND I year of 12 hours of training
experience working
directly with children in
child care
C . 35 square feet per . 21 years old . Within 1 st 3 months
child indoors . High school diploma or . Mandatory reporter
. 50 squardect of child OED trainioo
-- c::. .,.. ..:
space outdoors Have either: . First aid with rescue
.
. Quiet area for sick . 5 years experience breathing
children working directly with . 1 st year of registration
. Fire safety: children in child care, or 12 hours training, 2 hours
. Fire extinguisher . CDA or 2- or 4-year child- must be health and safety
. Smoke detectors care-related degree AND 4 . 2nd year and following
. Two direct exits years experience working 12 hours of training
directly with children in
child care
SS-0702- 3 (Rev. 12/02)
3
CHILD DEVELOPMENT HOME STAFF
Record checks
DHS submits record checks for:
. Every operator of a child development home.
. All staff members, including substitute providers, with direct responsibility for child care.
. Anyone 14 years and older who is living in the child development home.
. Anyone who might have access to a child when the child is alone.
The purpose of the record checks is to determine whether the person has any founded child abuse
reports, criminal convictions, or is on the sex offender registry.
If a criminal conviction, founded child abuse record, or placement on the sex offender registry is
found for any of the above-names persons, the department sends that person a Record Check
Evaluation form. On this form, the individual explains the nature of the incident, changes they
have made since the incident, and why they think they should be approved in spite of the
incident. After reviewing the Record Check Evaluation form, DHS determines if the person can
be registered or live in a registered home.
In the evaluation the depmtment considers:
. The nature and seriousness of the crime or abuse in relation to the position sought.
. The time elapsed since the commission of the crime or founded abuse.
. The circumstances under which the crime or founded abuse was committed.
. The degree of rehabilitation.
. The number of crimes or founded abuses committed by the person involved.
Providers
The provider must:
. Give careful supervision at all times.
. Frequently exchange information with the parent of each child to enhance the quality of care.
. Give consistent, dependable care and be capable of handling emergencies.
. Be present at all time except if emergencies occur or when an absence is planned, at which time DHS-
approved substitute care is provided. When an absence is planned, the parents shall be give at least 24
hours' prior notice.
Assistants
Depending on the number of children in care, the provider may be required to have an assistant.
The minimum age requirement for the assistant varies, depending on the category of child
development home (please refer to "Number of Children Allowed in Care" chart). The purpose
of the assistant is to help the provider, not to substitute for the provider. The assistant may never
be left alone with children. Ultimate responsibility for supervision of the children is with the
child care provider.
88-0702-3 (Rev. 12/02)
4
SUBSTITUTES
Substitute providers must be 18 years of age or older. The child care provider shall assume responsibility
for providing adequate and appropriate supervision at all times children are in attendance. Any substitute
provider shall have the same responsibility for providing adequate and appropriate supervision. Ultimate
responsibility for supervision will be with the child care provider. All child development home
regulations regarding supervision and care of children apply to substitutes.
Except in emergency situations, the child care provider shall inform parents in advance of the planned use
of a substitute provider.
Substitute care may be used in the home up to 25 child care hours per month and for an additional period
of up to two weeks in a 12 month period. This limit applies to the child development home, regardless of
the number of individuals who may be providing the substitute care. The provider shall maintain a
written record of the number of hours substitute care was provided, including the date and the name of the
substitute provider.
CHILD DEVELOPMENT HOME PROGRAM STANDARDS
Activity Program. There is an activity program which promotes self-esteem and exploration and
includes:
. Active play.
. Quiet play.
. Activities for large muscle development.
. Activities for small muscle development.
. Play equipment and materials in a safe condition, for both indoor and outdoor activities which are
developmentally appropriate for the ages and number of children present.
Children's Files. All of the following information must be in your child's individual file on the first day
your child attends child care:
. The child's name, birth date, parent's name, address, telephone number, special needs, and your work
address and telephone number.
. A list signed by you which gives the name, telephone number, and relationship of all persons
authorized to pick up your child.
. Emergency information including where you can be reached; the name, street address, city and
telephone number of the child's regular source of health care; and the name, telephone number, and
relationship to the child of another adult available in case of emergency.
. A signed medical consent from your authorizing emergency treatment.
. For each infant and preschool-age child, an admission physical examination report signed by a
licensed physician, which includes past health history, status of present health, allergies and restrictive
conditions, and recommendations for continuing care when necessary. (A statement of health
condition signed by a physician or designee must be given annually after the date of the admission
physical. )
. For each school age child, a statement of health status signed by the parent or legal guardian.
SS-0702-3 (Rev. 12/02)
5
. A signed and dated immunization certificate provided by the Iowa Department of Public Health. (for
the school-age child, a copy of the most recent immunization record is acceptable.)
The file must also include written permission from you for your child to attend activities away from the
child development home. The permission must include times for departure and arrival, destination, and
the names of persons who will be responsible for the child.
Health and Safety. Conditions in the home are safe, sanitary, and free of hazards. This includes:
. A non-pay, working telephone with emergency numbers posted, and numbers for each child's parents,
a responsible person who can be reached when the parent is unavailable, and the child's physician. A
cell phone cannot be used as the primary phone.
. All medicines and poisonous, toxic, or otherwise unsafe materials secured from access by a child.
. Available first aid supplies.
. Medicines given only with parent's or doctor's written authorization.
. All accessible electrical outlets safely capped and electrical cords properly used (not running cords
under rugs, over hoods, through door openings, or other use that has been known to be hazardous).
. A safety barrier surrounding any heating stove or heating element, and combustible materials kept
away from furnaces, stoves, or water heaters.
. Safety gates at stairways and doors shall be provided and used as needed.
. A safe outdoor play area maintained in good condition, fenced when necessary, with both sunshine
and shade areas.
. Fire or tornado emergency plans posted by all exits, with documented monthly fire and tornado drills.
. Annual laboratory analysis of a private water supply.
. Private sewer or waste water treatment facilities and equipment shall be tested for efficient
functioning and improper leakage.
. Animals must have current immunizations and animal waste must be disposed of properly. Animals
are not allowed in food preparation areas while food is being prepared or served.
. Pools must have fences or covers. Wading pools shall be drained daily and be inaccessible to children
when not in use.
. If children are allowed to use swimming pools, written permission from parents must be on file,
rescue equipment must be available, and the provider must accompany and supervise the children
during water activities.
. Children under the age of one year shall be placed on their backs when sleeping unless otherwise
authorized in writing by a physician.
SS-0702-3 (Rev. ]2102)
6
. Smoking and the use of tobacco products is prohibited in areas that may be used by children receiving
care in the home, in the outdoor play area, and in any vehicle in which children receiving care in the
home are transported during the home's hours of operation.
. The provider must inform you about any pets in the home.
Meals. Regular meals and midmorning and midafternoon snacks shall be provided which are well
balanced, nourishing, and in appropriate amounts. Children may bring food to the child development
home for their own use, but may not be required to provide their own food.
Discipline. Discipline shall conform to the following standards:
. Corporal punishment including spanking, shaking, and slapping shall not be used.
. Punishment which is humiliating or frightening or which causes pain or discomfort to the child shall
not be used.
. Punishment shall not be administered because of child's illness, or progress or lack of progress in
toilet training, nor shall punishment or threat of punishment be associated with food or rest.
. No child shall be subjected to verbal abuse, threats, or derogatory remarks about the child or the
child's family.
. Discipline shall be designed to help the child develop self-control, self-esteem, and respect for the
rights of others.
55-0702-3 (Rev. 12/02)
7
,.
,
Department of Human Services
CHECKLIST FOR CHILD DEVELOPMENT HOME REGISTRATION
Name Telephone Number Date of Inspection
Street Address City State Zip Code
Date of initial registration
Date of registration at current category
The following are requirements contained in Code of Iowa, Chapter 237 A or 441 Iowa Administrative
Code, Chapter 110 that must be met by a registered child development home. For each requirement,
check the "yes" box if the home meets the requirements, or the "no" box if the home does not meet the
requirement. If the answer is no, complete the comment column with a few words describing where
the deficiency was found, how many 'items' were missing (such as children's files, immunization
cards, etc.) or what the problem was. If a requirement does not apply to this particular home, enter NA
for 'not applicable' in the "yes" box.
SECTION 1.
YES NO REF.# RULE COMMENT
FOR ALL CATEGORIES, A PROVIDER'S
OWN INFANTS AND PRESCHOOLERS ARE
COUNTED. A PROVIDER'S OWN SCHOOL-
AGE CHILDREN ARE NOT COUNTED.
RELATIVE'S CHILDREN ARE COUNTED,
REGARDLESS OF AGE.
For child development homes Category A complete Sections I and 2.
For child development homes Category B complete Sections I and 3.
For child development homes Category C complete Sections I and 4.
110.4 No more children are in care than the rules
for the specific category will allow.
II 0.5(1) Conditions in the home are safe, sanitary,
and free of hazards.
a Has a non-pay working telephone. A cell
phone cannot be the primary phone.
Numbers for police, fire, ambulance, poison
information posted by phone.
Numbers for each child's parent, physician,
and a responsible person are accessible by
the phone.
b All medicines and poisonous, toxic, or
otherwise unsafe materials are secured from
aCCeSs by a child.
c First-aid supplies are available, both in the
home and in any vehicle used to transport
children in care.
470-0625 (Rev. 8/03)
- ,
,
d Medicines are given only with written
authorization from the doctor or parent.
Prescribed medicines are accompanied by
doctor's or pharmacist's direction.
All medicines are in original containers.
Medicines are stored properly including
refrigeration in a separate covered container.
Medicines are inaccessible to children.
e All accessible electrical outlets are safely
capped.
All electrical cords are properly used. This
means not found under rugs, over hooks,
through door openings, etc.
f Combustible materials are kept away from
furnaces, stoves, gas dryers, or water heaters.
g Safety barriers are at stairways and doors as
needed.
h A safe outdoor play area is maintained in
good condition.
Is fenced off when located on a busy
thoroughfare or near a hazard.
Has both sunshine and shade areas.
Is kept free from litter, rubbish and
flammable materials.
Is free from contamination by drainage or
ponding of sewage, household waste, or
storm water.
i An annual laboratory analysis shows
satisfactory bacteriological quality if a
private water supply is used.
IT water is determined unsuitable for
drinking, commercially bottled water or
water treated and approved by the health
department is provided.
j Emergency and disaster plans for fire and
tornado are written and posted by primary
and secondary exits.
The plans include a diagram and an outside
meeting place in case of fire, and a safe
place indoors in case of tornado.
k Fire and tornado drills are practiced monthly
and documentation kept.
I A safety barrier surrounds any heating stove
or heating element.
470-0625 (Rev. 8/03)
2
"
m I. Has not less than one 2A IOBC rated
fire extinguisher in a visible and readily
accessible place on each child-occupied
floor.
n 2. Has a minimum of one single-station,
battery-operated, UL-approved smoke
detector in each child-occupied room and at
the top of every stairway.
Each smoke detector has been installed
according to manufacturer's recommen-
dations.
Each smoke detector is tested monthly, and a
record is kept for inspection purposes.
0 Smoking and the use of tobacco products is
prohibited in areas used by children in the
home, in the outdoor play area, and in any
vehicle used to transport children. This
prohibition applies only to the homes hour's
of operation.
p Children under the age of one year are
placed on their backs for sleeping unless
otherwise authorized in writing by a
physician.
q Providers inform parents of the presence of
any pet in the child development home.
All dogs and cats have annual examinations
and records of the exams are on file.
Pet birds are purchased from an approved
dealer. Children are not allowed to handle
pet birds.
Aquariums are well maintained and installed
so .that children cannot get in the water or
pull over the tank.
All animal waste is immediately removed
from the children's areas and proper! y
disposed of.
No animals are allowed in food preparation,
storage or serving areas during
food preparation and serving times.
r In-ground and above-ground pools are either
enclosed with a fence that is at least four feet
high, or covered by a cover that meets
ASTM standards whenever it is not in use.
470-0625 (Rev. 8/03)
3
~
s If children use above-ground or in-ground
swimming pools:
Written permission from the parents is on
file.
Equipment needed to rescue a child or adult
is accessible.
The provider accompanies and directly
supervises the children during swimming
activities.
The provider has completed training in CPR
for infants, toddlers, and children. Docu-
mentation of current certification is on file.
Wading pools are drained daily and are
inaccessible to children when not in use.
t Within 12 months of registration or renewal
of registration, private sewer or waste water
has been tested for efficient functioning and
improper leakage.
u The provider has written policies about
caring for mildly ill children.
v The provider has written policies about
responding to health-related emergencies.
w Injury report forms are maintained for any
injury requiring first aid or medical care.
The forms are shared with parents and copies
are in the child's file.
11 0.5(2) A provider file is maintained and contains:
a A physician's signed statement of health on
the provider and all members of the house-
hold who may be present when children are
in the home. Statements must be obtained at
the time of initial registration and updated
every two ye~rs. ~-
b Certificates or training verification docu-
mentation for:
Within the first three months of registration:
Two hours of approved child abuse and
neglect mandatory reporter training (and
every 5 years thereafter).
Certification in infant and child first-aid that
includes mouth-to-mouth resuscitation.
If they are unable to locate first aid training
that includes mouth-to-mouth resuscitation,
they must complete both a first aid course
and CPR.
470-0625 (Rev. 8/03)
4
t
During the first year of registration - 12
hours of training. Two of the twelve hours
must be health and safety training.
During the second year of registration and
each succeeding year, twelve hours of
training. If the provider has documentation
of completing the ChildNet series, these
hours may be used to fulfill two year's
training requirements.
c An individual file is maintained for each
staff assistant and contains:
A completed DHS Criminal History Record
Check, form B, 595-1396.
A completed Request for Child Abuse
Information, form 470-0643.
A physician's signed statement of health at
the time of employment and at least every
two years thereafter.
Certification of two hours of approved
training relating to identification and
reporting of child abuse within 6 months of
employment and repeated every 5 years.
d An individual file is maintained for each
substitute and contains:
A completed DHS Criminal History Record
Check, form B, 595-1396.
A completed Request for Child Abuse
Information, form 470-0643.
A physician's signed statement of health at
the time of employment and at least every
two years thereafter.
.. - . - -
Certification of two hours of approved -.
training relating to identification and
reporting of child abuse within 6 months of
employment and repeated every 5 years.
Certification in infant and child fust-aid that
includes mouth-to-mouth resuscitation.
If they are unable to locate first aid training
that includes mouth-to-mouth resuscitation,
they must complete both a first aid course
and CPR.
110.5(3) Activity program.
Program promotes self-esteem and
exploration.
a Includes active play.
b Includes quiet play.
470-0625 (Rev. 8/03)
5
,
c Includes activities for large muscle develop-
ment, such as running, climbing, riding toys,
etc.
d Includes activities for small muscle develop-
ment, such as coloring, puzzles, fingerplays,
play dough, etc.
e All play equipment and materials are in a
safe condition, for both indoor and outdoor
activities.
All activities are developmentally appro-
priate for the ages of the children present.
All equipment and materials are adequate for
the number of children present.
110.5(4) The certificate of registration is displayed in
a conspicuous place.
110.5(5) Parents are afforded unlimited access to their
children and to the providers caring for the
children whenever their children are present,
unless parental contact is prohibited.
110.5(6) Discipline.
a Corporal punishment including spanking,
shaking and slapping is not used.
b No punishment is used which is humiliating
or frightening, or causes pain or discomfort
to the child.
c No punishment is administered because of
a child's illness, or progress or lack of
progress in toilet training.
d No child is subjected to verbal abuse, threats,
or derogatory remarks about the child or the
child's family.
..n No punishment or threat af punishment is ,'" ..-..- , .... .
associated with food or rest.
e Discipline is designed to help the child
develop self-control, self-esteem, and respect
for the rights of others.
110.5(7) Meals: Regular meals, midmorning snacks
and mid-afternoon snacks are well-balanced,
nourishing, and appropriate amounts as
defined by the USDA Child and Adult Care
Food Program.
Children may bring food to the child care
home, but are not required to provide their
own food.
470-0625 (Rev. 8/03)
6
,
II 0.5(8) Children's files. An individual file is
maintained for each child and updated
annually or when there are changes. Each
file contains:
a Identifying information including, at a
minimum, the child's name, birth date,
parent's name, address, telephone number,
special needs of the child, and the parent's
work address and telephone number.
b Emergency information including where the
parent can be reached, the name, street
address, city and telephone of the child's
regular doctor, and the name number,
telephone number, and relationship to the
child of another adult available in case of
emergency.
c A signed medical consent from the parent
authorizing emergency treatment.
d For infants and preschoolers: An admission
physical examination, on the first day of
attendance, including past health history,
status of present health, allergies and
restrictive conditions, and recommendations
for continued care when necessary. The date
of the exam is not more than 12 months
before the child's first day of attendance.
For school-aged children: On the first day
of attendance, a statement of health status
signed by the parent or legal guardian.
e For infants and preschoolers: A statement
of health signed by a physician submitted
annually.
For school aged children: An annual
statement of health condition signed by the
parent or legal guardian, annually from date
of admission physical.
f A list signed by the parent which names
persons authorized to pick up the child, their
telephone number, and relationship to the
child.
g A signed and dated immunization certificate
provided by the state department of public
health.
h For each school-age child, record of a
physical exam completed at the time of
school enrollment or since.
470-0625 (Rev. 8/03)
7
J
i Written permission from the parent(s) for
their child to attend activities away from the
child development home. It must include
times of arrival and departure, destination,
and person(s) responsible for the child.
j Injury report forms to document injuries
requiring first aid or medical care.
110.5(9) The provider meets the following require-
ments:
a Gives careful supervision at all times.
b Frequently exchanges information with the
parent of each child to enhance the quality
of care.
c Gives consistent, dependable care.
Is capable of handling emergencies.
d Is present at all times, except if emergencies
occur or an absence is planned.
If absence is planned, care is provided by a
DHS-approved substitute.
If absence is planned, the parents are given
at least 24 hours prior notice.
110.5(10) Substitutes
a All standards regarding supervision and care
of children apply to substitutes.
b Except in emergency situations, the provider
must inform parents in advance of the
planned use of a substitute.
c The substitute must be} 8 years .of age or -
-~ older.
d Use of a substitute is limited to:
No more than 25 hours per month.
An additional period of up to two weeks in a
l2-month period.
e The provider maintains a written record of
the number of hours substitute care is
provided, including the date and the name of
the substitute.
470-0625 (Rev. 8/03)
8
, .
SECTION 2.
110.8(1) SPECIFIC REQUIREMENTS FOR
CHILD DEVELOPMENT HOME CATEGORY
"A"
a Not more than six preschool children present
at anyone time including infants.
Of these six children, not more than four
children who are 24 months of age or
younger are present at anyone time.
Of the four children under 24 months of age,
no more than three may be 18 months of age
or younger.
Not more than two additional school-age
children for less than two hours at anyone
time.
Not more than eight children present when
the emergency school closing exception is in
effect.
110.8(2) Provider is at least 18 years old.
Has three written references which attest to
character and ability to provide child care.
SECTION 3.
110.9(1) SPECIFIC REQUIREMENTS FOR
CHILD DEVELOPMENT HOME CATEGORY
"B"
a Not more than six preschool children present
at anyone time including infants.
- b Of these six children, not more than four - - - e--.
.-."
children who are 24 months of age or
younger are present at anyone time.
Of the four children under 24 months of age,
no more than three may be 18 months of age
or younger.
c Not more than four additional school-age
children.
d Not more than two children who are
receiving care on a part-time basis at any
one time.
e Not more than 12 children present when the
emergency school closing exception is in
effect.
470-0625 (Rev. 8/03)
9
.
f When more than 8 children are present for
more than two hours, a DHS-approved
assistant at least 14 years old is present.
110.9(2) Provider qualifications:
a The provider is at least 20 years old.
b Has a high school diploma or GED.
c Meets one of the following:
a - Has two years of experience working
directly with children in child care.
c - Has a child development associate
credential or any two-or four-year
degree in a child related field and one
year of experience working directly with
children in child care.
110.9(3) Facility requirements
a There is a minimum of 35 square feet of
child use floor space indoors for each child
in care.
There is a minimum of 50 square feet
outdoors per child in care.
b There is a separate quiet area for sick
children.
c If the second story or basement are used for
child care, other than the use of a restroom,
there is, in addition to one inside stairway, at
least one direct exit to the outside. All exits
terminate at grade level with permanent
steps.
If a basement window is used as an exit, the
window is openable from the in sine without -..
the use oftools.
The window provides a clear opening of not
less than 20 inches in width, 24 inches in
height, and 5.7 square feet in area.
The bottom of the window opening is not
more than 44 inches above the floor with
permanent steps inside leading up to the
window.
Child care is not provided above the second
floor.
470-0625 (Rev. 8/03)
10
Ie .
SECTION 4.
110.10(1) SPECIFIC REQUIREMENTS FOR CHILD
DEVELOPMENT HOME CATEGORY
"C"
a Not more than 12 preschool children present
at anyone time, including infants.
b Of these 12 children, not more than four
children under the age of 24 months are
present at anyone time.
c Not more than two additional school-age
children present for less than two hours at
anyone time.
d Not more than two additional children who
are receiving care on a part-time basis.
e Not more than sixteen children present when
the emergency school closing exception is in
effect.
If more than 8 children are present at any
one time due to an emergency school closing
exception, the provider shall be assisted by a
DHS-approved assistant who is at least 18
years of age.
f Both providers are present whenever 4
children under the age of 18 months are in
care, and whenever more than 8 children are
present.
110.10(2) Both providers must meet the following
requirements:
a At least 21 years old.
- --4)- "Has a high school diploma or GED. . ~
c Meets one of the following:
Has five years of experience working
directly with children in child care.
Has a child development associate degree
or any two- or four-year degree in a child
related field and four years of experience
working directly with children in child care.
110.10(3) Facility requirements:
a There is a minimum of 35 square feet of
child use floor space indoors for each child
in care.
There is a minimum of 50 square feet
outdoors for each child in care.
47D-0625 (Rev. 8103)
11
. .
b There is a separate quiet area for sick
children.
c Has a minimum of two direct exits to the
outside from the main floor.
If the second story or basement are used for
child care, other than the use of a restroom,
there is, in addition to one inside stairway, at
least one direct exit to the outside. All exits
terminate at grade level with permanent
steps.
If a basement window is used as an exit, the
window is openable from the inside without
the use of tools.
The window provides a clear opening of not
less than 20 inches in width, 24 inches in
height, and 5.7 square feet in area.
The bottom of the window opening is not
more than 44 inches above the floor with
permanent steps inside leading up to the
window.
Child care is not provided above the second
floor.
Signature of person completing form
Agency Date
Signature of provider
Co-Provider (Child Development Home C only) Date
470-0625 (Rev. 8/03)
12
FY 2006 in Dubuque County
Land Area
Ca aci of Providers
Number of Children under 6
Number of children 6-12 ears
608 smiles
4536 s aces
7126
9018
% of total 20 count service area
5.5%
19.4%
18.5%
17.5%
Dubuque County Provider ractitioner Training
Total Number of
Attendees
Non-registered
omes
72
Other Total
25 2764
ChildNe
education.
appreciation
business practI
achieved with t
Adult Care Food
in-home evaluati
bu ue County FY 06
Years
7485 children 6-12 years are in child care
while their arents work or attend s while their arents work or attend schooe
4536 identified aces for children birth - 12 ears in full-time care
CCR&R has identified:
. 2463 spaces in child care centers
. 1388 spaces in registered child care homes
. 685 s aces in non-re . stered child care homes
66% a in su I of child care
- '. -.- ...-
- ---- --~
I Based on 79% of the 2000 census figures (percentage of children 0-5 years with working parents in Iowa
from the Kids Count Data Book)
2 Based on 83% of the 2000 census figures (percentage of children 6-12 years with working parents in Iowa
from the Kids Count Data Book)
3 Identified spaces by CCR&R of Northeast Iowa