Requirements applicable to child day care centers
(a) Notwithstanding the district regulations applicable to the district in which a child day care center is located, the following requirements shall also apply to child day care centers, however, these regulations shall not apply to any part of a public or private school system or to a Sunday school conducted by a religious institution where children are cared for during short periods of time while persons responsible for such children are attending religious services. Any and all required licenses must be obtained from the state.
(1) Permitted districts. Child day care centers* shall be permitted by special use permit only in the residential-5 and residential-6 zoning districts, and permitted by right in the commercial-1, commercial-2 and industrial-1 zoning districts.
(2) Increased required yards. Increased yards adjacent to side and rear property lines shall be provided and shall not be less than 25 feet in depth. The first ten feet from these property lines shall be landscaped.
(3) Minimum separation distance from potential hazards. No child day care center shall be located within a 300-foot distance from gasoline pumps, underground gasoline storage tanks, or any other storage and/or use of hazardous, explosive and/or flammable materials, said 300 feet to be measured from the perimeter of the property on which the day care center is proposed. No child day care center shall be sited in a location which exposes children to commercial and/or industrial land uses and/or activities which involve toxic emissions, noxious odors, and/or other potential dangers.
(4) Location of outdoor play area. No outdoor play area or part of an outdoor play area shall be permitted in the front yard as required by section 19-145 for the applicable zoning district, and no outdoor play area shall be sited in a manner which poses threats to children from motor vehicle operations. No outdoor play area shall be located in a manner which creates a potential conflict with truck access to trash storage areas, such as dumpsters.
(b) Special use permit criteria. In cases where child day care centers are allowable by special use permit in a district, the following criteria shall apply:
(1) Adequacy of the neighboring transportation network to accommodate the proposed use, and adequacy of proposed parking arrangements as evidenced by:
a. The zoning board of review or planning board under unified development review may require submission of traffic and/or parking impact studies analyzing both on and off-site conditions as they affect surrounding areas including, but not limited to:
1. Analysis of roadways which may be influenced by the project; including adjacent roads and major intersections;
2. Safety (accident data, sight distance, roadway conditions, etc.)
3. Capacity analysis utilizing the most current transportation research board guidelines or other document as specified by the director of public works;
4. Existing volumes (traffic counting);
5. Site-generated and future traffic;
6. Planned transportation improvements, if any;
7. Projected parking demand for the facility, and adequacy of available on-site and off-site parking;
8. Analysis of the specific impacts of child drop-off and pick-up related to the above factors.
(2) Compatibility with neighboring residential land uses as evidenced by:
a. Submission of a landscaping plan, which shows how the proposed development will be adequately landscaped and screened from adjacent residential properties. The zoning board or planning board under unified development review may require plans to be prepared by a professional landscape architect, licensed in the State of Rhode Island.
b. Submission of evidence that the proposed development's noise, lighting, trash management, and other operations will not unduly disturb nearby residents.
c. Submission of evidence, including, but not limited to, a drainage analysis and related plans, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative impact on adjacent properties or natural resources.
d. Submission of evidence, including, but not limited to, an erosion and sediment control management plan, prepared by a professional civil engineer, licensed in the State of Rhode Island, showing that any construction and/or site development will not have a negative effect on adjacent properties or natural resources.
(3) Safety of children as evidenced by the proposal's conformance with fire, building and health codes, and other relevant state and federal requirements, conformance to other dimensional requirements for child day care centers listed in this section, as well as other relevant public safety factors.
(Ch. 146, § XIV, 10-23-00; Ch. 914, § I(Att.), 12-19-23)