HOME DAY CARE REQUIREMENTS
In all R-1 zones a home daycare/small preschool is a permitted use. The Community Development Director must approve your business license application if you meet the following standards:
1. There shall be a maximum of six children including the caregiver’s own children under the age of six and not yet in full day school; and
2. There are no employees that do no reside in the dwelling; and
3. The use shall comply with the health department noise regulations;
4. The play yard shall not be located in the front yard and shall only be used between 8:00am and 9:00pm; and
5. The lot shall contain one available on-site parking space not required for use of the dwelling and shall be located in such a way as to insure the parking is functional and does not change the residential character of the lot; and
6. No signs shall be allowed on the dwelling or lot except a nameplate sign; and
7. The home day care/preschool operator shall comply with all applicable licensing regulations adopted in the City of Holladay Business Licensing Code (hot link) and shall comply with all local, state and federal laws and regulations; and
8. Upon complaint that any of the requirements of this section or any other city ordinance are being violated by a home day care/preschool caregiver, the City shall review the complaint and if substantiated may initiate a license revocation proceeding under Chapter 5.10 of the Code.
If you intend to have more than six (6) but not more than 12 children, please go to the next section.
In all R-1 Zones a home day care/preschool is a conditional use. A home day care/preschool must be approved by the Planning Commission and shall meet the following standards:
1. There shall be a maximum of 12 children including the caregiver’s own children under the age of six and not yet in full day school.
2. There shall be no more than one employee at any one time that does not reside at the residence. 3. The home day care/preschool operator shall comply with all applicable licensing regulations adopted in the City of Holladay Business License Code.
4. The use shall comply with the health department noise regulations;
5. The play yard shall not be located in the front yard and shall only be used between 8:00 am and 9:00pm;
6. The lot shall contain one available on-site parking space not required for use of the dwelling and one additional parking space for each employee that does not reside in the home. The additional parking spaces shall be located in such a way as to insure that the parking lot is functional and does not change the residential character of the lot;
7. No signs shall be allowed on the dwelling or lot except a name plate sign;
8. The use shall comply with all local, state and federal laws and regulations;
9. Upon complaint that any of the requirements of this section or any other city ordinances are being violated by a home day care/preschool caregiver, the city shall review the complaint and if substantiated a hearing may be set before the Planning Commission to revoke the conditional use permit;
10. All property owners within a 500-foot radius of the caregiver’s property shall be mailed notice of any hearing to grant or deny the conditional use permit a minimum of 10 days prior to the date of the hearing.
If you can answer yes to all the above, please fill out a Development Review Application and submit it to the City along with the appropriate fees, a site plan and a letter of intent. The Planning Commission at their next regularly scheduled meeting will hear your application. Notification of your neighbors is required when applying for a conditional use permit. They will have the chance to voice their opinion at the Planning Commission meeting or in writing. You may want to meet with your neighbors prior to this application to ensure they are in accordance with your plans.