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HomeMy WebLinkAbout06745"As Amended" ORDINANCE NO. 6745 AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO CHILD CARE CENTERS AND CHILD CARE HOMES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1 Subsection 11 of Section 1, Chapter 2, Title XVII of the Pueblo Municipal Code is amended to read as follows: 17 -2 -1(11) Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of [six (6)] nine 9 or more children under the age of sixteen (16) years [and] who are not related to the owner, operator or manager_ [thereof, whether s] Such facility [is] may operated with or without compensation for such care [j and with or without stated educational purposes. The term [shall] includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, [play schools, ]day camps, summer camps and centers for [the mentally retarded] developmentally disabled children[.] and those facilities which give 24 -hour care for dependent and neglected children The term includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school The term child care center shall not apply to any kindergarten maintained with a public private or parochial elementary school system of at least six (6) grades or to any preschool established pursuant to the provisions of Article 28 of Title 22 Colorado Revised Statutes which is maintained with a public school system of at least six (6) grades so long as the school system is not also providing_ extended day care services. As a condition of approval for a special use permit for a child care center, a facility shall be properly licensed by the State and supervised by the appropriate State or County agency. SECTION 2 Section 1 of Chapter 2, Title XV II of the Pueblo Municipal Code is amended by the addition of a new definition (11.001) to read as follows: 17- 2- 1(11.001 ) Child care home means a ape of family care home licensed by the State of Colorado which provides less than 24 -hour care for no more than eight (8) children on a regular basis in a place of residence. Children in care are from different family households and a not related by blood adoption or marriage to the caregiver. Residents of the home under twelve (12) yea of age who are on the premises and all children on the premises for supervision are counted against the approved capacity of eight (8) children The definition of "Child Care Home" includes a "Fami Child Care Home" an "Infant /Toddler Home," and a "Large (Older) Child Care Home" as defined by the State of Colorado Department of Human Services Division of Child Care. A "Child Care Home" is considered to be a use by review in all zone districts which permit a single-family residence except R -5 and R -6 zone districts in which they are uses by right. SECTION 3 Subsection 39 of Section 1, Chapter 2, Title XVII of the Pueblo Municipal Code is repealed in its entirety. 117 -2 -1(39) Pre - school facilities means a facility, by whatever name know, which is maintained for the whole or part of a day for the education of six (6) or more children under the age of seven (7) years, and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such education, and with stated education purposes. The term pre- school 2 facility shall include facilities commonly known as nursery schools, kindergartens and pre - schools, and does not include such facilities as day camps, summer camps, day care centers, babysitting services and the like. As a condition of approval for a special use permit for a pre- school facility, a facility shall be properly licensed by the State and supervised by the appropriate State or County agency.] SECTION 4 Section 51(1)(c)(6) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended to read as follows and new subsection (6.1) is added to read as follows: 17- 4- 51(1)(c)(6) Child care center[ and play school]. 17- 4- 51(1)(c)(6_1) Child care home. SECTION 5 Section 51(2)(c) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended by the addition of the following new subsections: 17- 4- 51(2)(c� 17- 4- 51(2)(c)(7) SECTION 6 Child care center Child care home. Section 51(3)(c)(3) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended to read as follows and a new subsection (3.1) is added to read as follows: 17- 4- 51(3)(c)(3) [Preschool facilities.] Child care center. 17- 4- 51(3)(c)(3.1) Child care home. SECTION 7. Section 51(4)(c)(3) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended to read as follows and a new subsection (3.1) is added to read as follows: 17- 4- 51(4)(c)(3) [Preschool facilities.] Child care center. 3 17- 4- 51(4)(c)(3.1) SECTION 8 Child care home. Section 51(5)(c) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended by the addition of new subsections (2.1) and (2.2) to read as follows: 17- 4- 51(5)(c)(2_1) Child care center. 17- 4- 51(5)(c)(2_2) Child care home. SECTION 9_ The following subsections of Section 51(6)(c) of Chapter 4, Title XVII of the Pueblo Municipal Code are amended to read as follows: 17- 4- 51(6)(c)(3) [Child care center and play school.] Child care center. 17- 4- 51(6)(c)(3.1) Child care home. 17- 4- 51(6)(c)[(6) Preschool facilities.] 17- 4- 51(6)(c)[(7)](6) Recreation facilities, private. 17- 4- 51(6)(c)[(8)](7) Utilities as outlined in Section 17 -4 -30. SECTION 10 Section 51(7)(b)(10) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended to read as follows and new subsection (10 -1) is added to read as follows: 17- 4- 51(7)(b)(10) [Child care center and play school.] Child care center. 17- 4- 51(7)(b)( Child care home. SECTION 11. Section 51(8)(b)(11) of Chapter 4, Title XVII of the Pueblo Municipal Code is amended to read as follows and new subsection (11.1) is added to read as follows: 17 -4 -51 (8)(b)(11) Child care center [and play school]. 4 17 -4 -51 (8)(b)( L 1) Child care home SECTION 12. A child care home operating under a current and valid State license issued to operate a child care home on November 1, 2001 shall be issued a special use permit to operate the child care home upon filing on or before January 1, 2002 with the Department of Zoning, a copy of the State license and documentation satisfactory to the Director of Zoning that the child care home was in operation on November 1, 2001. SECTION 13. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 9. 2001 By: Corindk Koehler COLS PER O APPROVED: / Jf /�� OF (MY COUNCIL ATTESTED BY: � '. V C CLERK PASSED AND APPROVED: October 22, 2001 5