New Orleans Comprehensive Zoning Ordinance
Printed: 9/21/2023 5:38:41 PM
20.3.T Home-Based Care, Adult or Child
20.3.T.1 General Requirements
a. Each day care center shall comply with all applicable state and federal regulations, including regulations within the Louisiana Administrative Code, including Louisiana State Fire Marshal Code if serving seven or more children, and Title 51 Louisiana Public Health Sanitary Code (LA Department of Health Code) where applicable.
b. The home-based child care facility shall retain a residential character and shall not alter the residential character of the neighborhood.
c. An on-site drop-off and/or residential passenger zone shall be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. 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. Drop-off areas located across the street from the facility do not meet this requiremen
d. The number of children permitted in a day care home is as follows:
- Home-based Child Care, Small: Up to six (6) children
- Home-based Child Care, Large: Up to seven (7) or more children
e. The number of adults permitted in a day care home is as follows:
i. Home-based Adult Care Home - Small: Up to five (5) adults.
ii. Home-based Adult Care Home - Large: Six (6) or more adults.
Adopted by Ord. 28432 MCS, 8-6-20, ZD 38/20
20.3.T.2 Home-Based Child Care
- No child may remain on the premises of a child day care home for more than twenty-four (24) consecutive hours in one (1) stay.
- The following square footage of available indoor and outdoor play/instruction area is required for each child day care home:
- 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.
- 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.
- 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.
- The outdoor play area shall meet the following regulations:
- The outdoor play area shall be enclosed to protect the children from traffic hazards and prevent the children from leaving the premises without proper supervision.
- If the home-based child care center is located adjacent to 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 the parking from any play area.
- 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.
- 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. There shall be a soft surface (sand, mulch, grass, mats, etc.) under all climbing equipment.
Adopted by Ord. 28432 MCS, 8-6-20, ZD 38/20
20.3.T.3 Adult Day Care Home
a. No adult may remain on the premises of an adult day care home 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 day care home, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.