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Article 5: Uses <br /> Section 5.8: Standards for Adult and Child care & Educational Facilities <br /> <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 5-87 <br /> <br />(a) The child care facility is to be located in an area which is free from <br />conditions dangerous to the physical and moral welfare of the children.41 <br />(b)(a) The minimum requirements to qualify for a State of North Carolina child <br />care facility license are satisfied. <br />(c)(b) There is direct frontage and access on a public State-maintained road. <br />(d)(c) Parking areas comply with the provisions of Section 6.9 of this <br />Ordinance. Adequate access to and from the site as well as adequate <br />space off the road right of way, is provided for the safe pick up and <br />discharge of children and is provided in such a manner that traffic <br />generated by the child care facility is not disruptive to adjacent <br />residentially developed properties. <br />(e)(d) All child pick up and drop offs shall be on site, outside of required parking <br />areas and drive-aisles, and has adequate with proper vehicle stacking <br />area equivalent to accommodate a minimum of three cars. <br />(f)(e) The site plan shall show how the facilities will be screened from adjacent <br />properties. A Type-B, 30-footland use buffer, as detailed in accordance <br />with Section 6.8.6 of this Ordinance, shall be provided around the child <br />care building and play area in accordance with Section 6.8.6. These <br />buffers will effectively screen the view of any outdoor play area, and <br />reduce noise associated with the child care. <br />(g)(f) Each child care is required to provide at least 75 square feet of outdoor <br />play space shall be provided for every proposed child in care. This <br />space may shall not be located in a required buffers, shall not include <br />driveways or required parking areas, or in an area, which is used or <br />reserved for use as a sewage disposal nitrification field. <br />(h) Fencing, a minimum of 3 ft. in height, shall be provided around the <br />outdoor play space. All gates shall be self-closing and/or self-latching. <br />Fencing and/or screening is to be provided which ensures the protection <br />of the children receiving child care and protects adjacent residentially <br />developed properties from trespass. <br />(i) All gates shall be self-closing and self-latching. <br />(j)(3) As a condition of approval, Eeach child care facility approved by the Board of <br />Adjustment shall be reviewed annually by the Planning Director to ensure <br />compliance with the standards of evaluation for such facilities and any conditions <br />attached to the application by the Board of Adjustment. Any change in the <br />operation of the facility, which deviates from the original standards and conditions <br />will constitute a modification and will require the approval of the Board of <br />Adjustment. In determining whether a change in the operation of the facility has <br />occurred, the Planning Director shall be guided by the procedures and criteria <br />contained in Sections 2.7.1 and 5.8.2(B)(2).42 <br /> <br />41 Staff is recommending this language be deleted.  We are concerned there is no definitive way for the Board of  <br />Adjustment to make this determination and is uncertain how language could be included providing  <br />guidance/standards on how same could be accomplished.  <br />42 This is not a ‘standard’ used to evaluate a project. It is a condition associated with the permitting of same.  Staff  <br />is renumbering to ensure proper delineation of the requirement.  <br /> 222