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HomeMy WebLinkAboutOrdinance No. O01-04 ORDINANCE NO. O01-4 ORDINANCE CONCERNING DAY CARE FACILITIES AND MISCELLANEOUS CORRECTIONS. WI-IEREAS, the City of Laurel desires to facilitate the placement and use of day care facilities within the City, and WHEREAS, it is in the best interests of the residents of the City of Laurel to pass such an ordinance; IT IS HEREBY ORDAINED by the City Council for the City of Laurel, Montana, that the LAUREL MUNICIPAL CODE is hereby amended as is set forth below. CHAPTER 17.08 shall be amended as follows: Add Section 17.08.131 Bed and Breakfast Inn: A house or a portion thereof that contains short-term guest rooms where lodging with or without meals is provided for compensation. The operator of the inn shall live on the same property upon which the inn is located. Add Section 17.08.132 Boarding or Lodging House: A house where meals (with or without lodging) are provided for compensation and by pre-arrangement for a definite period for three or more persons. Boarding or Lodging House shall not be construed to mean rest or convalescent homes nor "Bed and Breakfast Inns". Change Section 17.08.230 (definition) Child care center (p. 368) to Child care facilities: Family day care home: A private residence in which supplemental parental care is provided for up to six children, including the operator's children, from separate families on a regular basis. Such day care home shall be licensed by the Montana Department of Social and Rehabilitative Services under MCA, Title 53, Chapter 4, Part 5. Group day care home: A private residence in which supplemental parental care is provided for seven to twelve children, including the operator's children, on a regular basis and which is licensed by the Montana Department of Social and Rehabilitative Services under MCA, Title 53, Chapter 4, Part 5. Day care center: A place in which supplemental parental care and/or adult supervision is provided to thirteen or more children, including the operator's children, on a regular basis, and which may include nursery schools, private kindergartens, or after school care and supervision. Such day care center shall be licensed as required by the State, City, or County and conducted in accordance with applicable State and local requirements. Add Section 17.08.291 Community Residential Facilities (p. 369): 1. Adult Foster Family Care Home: A private home licensed by the Montana Department of Family Services owned by one or more persons eighteen years of age or older which offers light personal care or custodial care to disabled adults who are not related to the owner by blood or marriage or which offers light personal care or custodial care to aged persons. The number of aged persons or disabled adults in an adult foster family care home may total no more than four. 2. Community Group Home: A family oriented residence or home licensed by the appropriate state agency designed to provide residential services and facilities for developmentally, severely disabled or mentally disabled persons, but does not provide skilled or intermediate nursing care. 3. Halfway House: A place operated in accordance with the regulations of the Montana Department of Health and Environmental Sciences for the rehabilitation of alcohol or drag dependent persons. 4. Youth Foster Home: A youth care facility licensed by the Montana Department of Family Services in which substitute care is provided to one to six foster children or youths, other than the foster parent's own children, stepchildren, or wards. 5. Youth Group Home: A youth care facility licensed by the Montana Department of Family Services in which individual care is provided to seven to twelve children or youth. 6. Nursing Homes, Convalescent Homes, Orphanages, and Charitable Institutions: A home operated similarly to a boarding house but not restricted to any number of guests or guest rooms, and the operator of which is licensed by the state, city, or county to give special care and supervision to his/her patients. In such homes, nursing, dietary, and other personal services are furnished to convalescents, invalids, and aged persons, but within which homes are kept no persons suffering from a contagious or communicable disease, and within which are performed no surgery, maternity, or other primary treatments such as are customarily provided in sanitariums or hospitals, and within which no persons are kept to be served who normally would be admitted to a mental hospital. Adult foster care homes are not · included in this definition. Delete Section 17.08.325 (definition) Day Care Facility (p.369). Delete Section 17.08.660 (definition) Lodginghouse (p. 373) Delete Section 17.08.930 (definition) Rehabilitation center, half-way house (p. 376) Delete Section 17.08.940 (definition) Rest home, convalescent or nursing home (p. 376) Change Table 17.16.010 (allowable Residential uses) (p. 389): add: Child care facilities: Family day care home: Allowed in ail residential zones. Group day care home: Allowed in all residential zones. add: add: add: add: add: delete: delete: delete: delete: delete: Day care center: Requires Special Review in all residential zones. Community residential facilities serving eight or fewer persons: Allowed in all residential zones. Community residential facilities serving nine or more persons: Requires Special Review in all residential zones. Bed and breakfast inn: Requires Special Review in all residential zones. Boarding and lodging house: Requires Special Review in all residential zones, Schools, commercial: Requires Special Review in all residential zones Child care center Day care home Rehabilitation center Convalescent, nursing homes, retirement homes "--includes private schools" under Schools Change Table 17.20.010 (allowable Commercial uses) (p. 392): delete: Child care center Day care center Day care home Convalescent, nursing, and retirement homes, charitable institutions Rehabilitation center add: Bed and breakfast inns: Allowed in AG, NC, CC, HC Boarding and lodging houses: Allowed in AG, NC, CC, HC Child care facilities: Allowed in AG, NC, CC, HC. Community residential facilities: Allowed in AG, NC, CC, HC. Adult foster family care home Community group home Halfway house Youth foster home Youth group home Nursing homes, convalescent homes, orphanages, and charitable institutions Chapter 17.12, ZONING DISTRICTS ESTABLISHED (p. 381): delete 17.12.040 Residential estates 20,000 (RE-20,000) zone delete (p. 382) 17.12.020 B: RE-20,000 Residential Estates-20,000 delete (p. 382) 17.12.040 Residential estates 20,000 (RE-20,000) zone 17.12.220 (p. 387) add: G. The hearing for annexation and zone change may be held at the same time. 17.72.025 (p.440) delete "--the required fee of seventy-five dollars and--". 17.72.050(G) (p. 442) change word "rezoning" to "zoning". 17.72.070(B) (p. 442) add "--not less than--" after "--city-county planning board, and-- 17.76.040 (p. 443) delete (B). 17.12.010 Add section Residential Estates 22,000 (RE-22,000) 17.12.040 Add section Residential Estates 22,000 (RE-22,000) Zone: This zone is intended to provide of low-density, single-family, residential development in areas near or adjacent to the City that are served by either central water or sewer systems. Table 17.16.010 Add column for RE-22,000 This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on November 6 , 2001, by Alderman Johnson PASSED and ADOPTED by the Laurel City Council on second reading this 20th day of Novsmber ) 2001, upon motion of Alderman Johnson APPROVED BY THE MAYOR this 20th day of November j 2001. Cl~arles~. Rodgers, Mayor~ . ATTEST: a~y K~:/~ bieton, Clerk-Treasurer APPROVED AS TO FORM: Matthe~b'~ City Attorne~ y