New Orleans Comprehensive Zoning Ordinance

Printed: 9/21/2023 6:15:06 PM

20.3.T.2 Home-Based Child Care

  1. 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.
  2. The following square footage of available indoor and outdoor play/instruction area is required for each child day care home:
    1. 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.
    2. 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.
  3. 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.
  4. The outdoor play area shall meet the following regulations:
    1. 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.
    2. 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.
    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. There shall be a soft surface (sand, mulch, grass, mats, etc.) under all climbing equipment.

Ord. 28432 MCS, 8-6-20, ZD 38/20