New Orleans Comprehensive Zoning Ordinance

Printed: 9/21/2023 4:59:41 PM

20.3.S Care Center, Adult or Child

20.3.S.1 General Requirements   

a.  Each child care center shall comply with all applicable state and federal regulations, including regulations within the Louisiana Administrative Code, including Louisiana State Fire Marshal Code and Title 51 Louisiana Public Health Sanitary Code (LA Department of Health Code) where applicable.

b.  The operator of any child care center shall be licensed by the State of Louisiana. The operator of any early learning center shall be licensed by the Louisiana Department of Education.

c.   The number of children or adults permitted in a day care center is as follows:

i.  Child Care Center, Small: Up to fifty (50) children

ii. Child Care Center, Large: Fifty one (51) or more children

Adopted by Ord. 28432 MCS, 8-6-20

20.3.S.2 Child Care Center   

a. No child may remain on the premises of a child care center for more than twenty-four (24) consecutive hours in one (1) stay.

b. The following square footage of available indoor and outdoor play/instruction area is required for each child care center:

i.   A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage, or food preparation areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.

ii.  A minimum of twenty-five (25) square feet per child at licensed capacity of the center is required. The outdoor play area includes all outdoor play areas on the site available for use by the children, but does not include any area within the required front yard. This requirement cannot be waived. All Central Business District Districts are exempt from this requirement.

c.  An on-site drop-off and/or residential passenger zone is required. The drop-off area shall be located so that clients of the facility are dropped off in front of the facility, which may be demarcated with signs or traffic cones during specific times of day. Stacked parking is permitted. The use of van or bus service is encouraged.

d.  The outdoor play area shall meet the following regulations:

  1. The outdoor play area shall be enclosed to protect children from traffic hazards and prevent the children from leaving the premises without proper supervision.
  2. If the child care center is located adjacent to or within a residential district, there shall be a six (6) foot solid fence around the play area adjacent to any abutting property line. Security fences are required where there are open cisterns, wells, ditches, fish ponds, and swimming pools, and to separate parking from any play area.
  3. A shade device (shade trees, overhangs, etc.) shall be provided within the outdoor play area. Twenty-five percent (25%) of the outdoor area shall be shaded.
  4. Play equipment appropriate to the needs of the children shall be supplied in sufficient quantity to allow access by each of the children at the child care facility. The equipment shall be maintained in good repair, and shall encourage active physical play (for example, swings, climbing apparatuses, and wheel-toys). There shall be a soft surface (sand, mulch, grass, mats, etc.) under all climbing equipment.
  5. Outdoor play space shall be available through a direct exit from the center into the outdoor play space or shall be attached to the center in a manner than ensures children are continuously protected by permanent fence or other permanent barrier while going to and from the center to the outdoor play space.

Adopted by Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28783 MCS, 9-23-21, ZD 45/21

20.3.S.3 Adult Day Care Center   

a.  An adult day care center shall not allow any adult to remain on the premises for more than twenty-four (24) consecutive hours in one (1) stay.

b. A minimum of twenty-five (25) square feet of indoor space shall be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.

c. If no elevator is available, all programs and activities shall be located on the ground floor.

d.  An on-site drop-off and/or residential passenger zone is required. Tandem parking is permitted. The use of van or bus service is encouraged.