§ 82-22.808. Facility required.

(a)

The developer of a nonresidential project having one hundred or more potential employees or having a floor area of fifteen thousand gross square feet or more shall provide for a child care facility (and the initiation of its use) on-site or off-site as part of the project consistent with the needs assessment and response program as required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities.

(b)

The applicant or developer of a residential project of thirty or more units shall provide a child care facility on-site or off-site consistent with the needs assessment and response program required by this chapter or shall demonstrate that the child care needs of the project are mitigated through the use of existing facilities. The new facility constructed by the developer for the purposes of satisfying the requirement of this chapter shall be available on an ongoing basis to satisfy the public need for not fewer than twenty-five years unless approved for a change of use by the board on a recommendation by the zoning administrator through a public hearing process.

(Ord. 92-56 § 5, 88-1 § 3).