HB 1733-S2 - DIGEST

(DIGEST OF PROPOSED 2ND SUBSTITUTE)

     Provides that no city, town, or county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.

     Provides that a city or town may require that the facility:  (1) Comply with all building, fire, safety, health code, and business licensing requirements;

     (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure;

     (3) is certified by the office of child care policy licensor as providing a safe passenger loading area;

     (4) include signage, if any, that conforms to applicable regulations; and

     (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.

     Provides that a city or town may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility.