Archive for Saturday, July 10, 1999


July 10, 1999


I live in a neighborhood zoned for single-family residences. We have an in-home day care facility operating in our neighborhood that has a lot of traffic and noise related to the business in the home. What are the city ordinances that deal with these issues?

Gayle Martin, the city's communications coordinator, forwarded the following information:

"Home day care is an activity that is generally permitted to occur in any residential district as a home occupation.

"A child care home is permitted to provide care to 12 or fewer children. It must be operated as an accessory use to an occupied residence. The providers of the day care must also be the residents of the home in which the care is being provided.

"The Lawrence-Douglas County Health Department also issues local permits for a day-care operation, which vary depending on the number of children and type of care being provided.

"For more information on licensing you should contact Peggy Scally, child care coordinator, at 843-0721. The health department will also follow up with any complaints regarding the safety or health concerns of the day care facility.

"If a day care is being operated for more than 12 children a special permit, called a Use Permitted Upon Review, is required. This requires a public hearing held by the Lawrence-Douglas County Planning Commission.

"If the planning department receives a complaint regarding a particular provider, we will coordinate our investigation with the zoning code enforcement officer and the health department to determine if there is a violation and notify the property owner of any violations and discuss ways to resolve the issue.

"Parking and noise are the chief complaints registered against an in-home child day care. We encourage neighbors to talk and try to work out concerns. The day-care operator can help by staggering hours of operation so that parking is accommodated or to monitor outside play so that noise is addressed.

"If there are more specific questions, contact the Lawrence-Douglas County Planning Department at 832-3150 and ask to speak with the planner of the day."

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