Board of Zoning Appeals (BZA) approval is mandatory. The day care and its accessory uses (parking, playground) must be thirty feet from adjoining residential district property lines. Zoning Code Section 337.02(f)(3)(C).
The BZA must conduct a public hearing to determine if the daycare:
- has adequate yard spaces and safeguards to preserve neighborhood's character
- is appropriately designed
- meets a community need without adversely affecting the neighborhood
Retail Business Districts
Day Care Centers, including Type "A", are permitted uses in all Retail Districts without BZA approval. All other site requirements (parking of one space per every two staff, and setbacks), and permit application procedures must be observed.
Permit Application Procedures
In order to begin the process, four copies of site and floor plans must be prepared showing property lines, street lines, the building on the premises, all floors, and all exterior features of the property.
Plans don’t have to be prepared by an architect, but must be drawn to a measurable scale. Completed plans should be brought to Room 505 of Cleveland City Hall with a $40 application fee.
After review for zoning code compliance, the applicant will be contacted and have the option to file an appeal with the BZA, Room 516 City Hall. This is required, since most type A day care applications are for structures that are in a residentially zoned district, and rarely meet the required 30 foot side yard requirement.
If the BZA grants the appeal, the applicant will continue the application process in Room 505 and the use permit will be issued upon compliance with any applicable building codes. The cost for the permit is approximately $250.