Reso PC20-15 0142 PC Reso Accessory Dwelling Unit Requirements -Childcare

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ATTY/RESO.0142/PC RESO ACCESSORY DWELLING UNIT REQUIREMENTS -CHILDCARE REV: 11-25-2020 PR Page 4 of 17 [No changes to subsection A] B. Child Care Centers are excluded from the calculation of gross floor area as set forth in Article 39 (Child Care). Child care facilities and/or independent nonprofit educational facilities open to the public within commercial and/or industrial developments of at least fifty thousand (50,000) square feet of building gross floor area shall not be included in the gross floor area of total building area for the purposes of calculating the floor area ratio, and are thus exempt from floor area ratio limitations, provided that the following conditions are met: 1. In the case of a child care facility, the subject facility shall include at least two thousand (2,000) square feet of indoor area, and at least three thousand (3,000) square feet of outdoor space and shall be of adequate size to accommodate at least forty (40) children; 2. The maximum floor area ratio exemption associated with the provision of a child care facility and/or an independent nonprofit educational facility open to the public shall not be greater than two (2) percent floor area ratio relative to the land area of the development; 3. A deed restriction shall be recorded on the property to ensure the long term use of the portion of the development for child care and/or independent nonprofit educational facility; 4. Any floor area ratio exemption granted pursuant to this subsection B of this Section may be awarded by the Planning Commission or the Zoning Administrator in conjunction with any permit issued pursuant to the Zoning Ordinance (No. 1130, as amended), based on the following findings: a. The child care facility and/or independent nonprofit educational facility will be of benefit to the public, b. The development design can accommodate the additional floor area. [Moving to Section 39.4] [No changes to subsections C-E]