§ 28-5-9. Child Day Care Facilities.

All child care facilities shall comply with the requirements of this Section as well as the provisions of RSA 170-E, Child Day Care, Residential Care, and Child-placing Agencies.

(a)

As a Principal Use. A child day care facility as a principal use shall be subject to the following standards:

(1)

All child day care facilities shall be located on lots that have direct access to and from a collector or arterial street, or access to a street which shall be physically improved in order to fulfil the function and meet the standards of a collector street;

(2)

All child day care facilities shall be served by municipal water and sewer systems where available. Where municipal utilities are not available, a child day care facility shall be adequately served by a private well for its exclusive use, and a subsurface waste disposal system or other such system as approved by the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD);

(3)

Where municipal water service is not available, on-site water storage, distribution facilities, and sprinkler systems shall be designed and installed to provide fire protection and suppression capabilities in compliance with life safety standards; and

(4)

Outdoor activity areas for child day care facilities shall be enclosed by fences and shall not be located in the front yard of a residential district. Where the lot is located within or adjacent to a residential district, the enclosure shall be a solid fence not less than four (4) feet in height which shall be erected and maintained in good condition around the outdoor activity area.

(b)

As an Accessory Use to a Principal Residential Use. Child day care facilities located within a dwelling unit and providing care for more than three (3) children, shall be subject to the following standards and requirements:

(1)

The child day care facility is subordinate to a single-family detached dwelling;

(2)

The maximum capacity of a child day care facility shall be twelve (12) children;

(3)

A child day care facility providing care for six (6) or more children shall be located on a lot which conforms to the minimum dimensional standards established in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance;

(4)

A dwelling within which a child day care facility is located shall be served by the municipal sewer system, or a certificate shall be obtained from the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD) indicating that the on-site subsurface disposal system has adequate capacity and is functioning properly to allow for use by the child care facility in addition to the principal residence;

(5)

There is on-site parking for the principal residential use in accordance with the requirements of Article 28-7, Access, Circulation, Parking and Loading Requirements, of this ordinance;

(6)

The facility is located on a street on which on-street parking is allowed within two hundred (200) feet of the premises and the street is of a width and capacity such that on-street parking will not represent a safety hazard; and

(7)

Outdoor activity areas for child day care facilities shall not be located in the front yard and shall be enclosed by a solid fence not less than four (4) feet in height which shall be erected and maintained in good condition around the outdoor activity area.

(c)

As an Accessory Use to a Principal Nonresidential Use. Child day care facilities accessory to, and for the primary use and benefit of the owners and employees of, a principal nonresidential use shall be subject to the following standards and requirements:

(1)

All child day care facilities shall be served by municipal water and sewer systems. The water service shall be adequate for both domestic use and fire protection;

(2)

Where the child day care facility is located in a separate building more than five hundred (500) feet from the building in which the principal nonresidential use is located, parking shall be provided for the child day care facility in accordance with Section 28-7-2(e), Table of Off-street Parking Requirements, of this ordinance, in addition to the parking required for the principal nonresidential use; and

(3)

Outdoor activity areas for child day care facilities shall be enclosed by fences. Where the facility is located within or adjacent to a residential district, the outdoor activity area shall be enclosed by a solid fence not less than four (4) feet in height which shall be erected and maintained in good condition around the outdoor activity area. Where the abutting residential district is the Open Space Residential (RO) District, and the adjacent lots in the RO District are undeveloped and less than half of the area of the lots is comprised of buildable land area, the fence may be non-opaque.