Consistent with state law, Nevada County treats small and large family daycare homes as a residential use on all parcels in zoning districts where residential uses are allowed, requiring only zoning compliance and any needed building permit rather than a discretionary use permit. Operators must hold a state license, provide one on-site parking stall per eight children, and have direct access to a publicly maintained road or participate in a road maintenance entity.
Nevada County Code Section 12.03.090 (formerly LUDC Sec. L-II 3.9, carried forward by Ordinance 2533, December 5, 2023) governs small family daycare homes (resident child day care for eight or fewer children, per Cal. Health and Safety Code Sections 1596.78-1596.792) and large family daycare homes (7 to 14 children). Such facilities 'shall be considered a residential use on all parcels within all zoning districts where residential uses are allowed,' subject to zoning compliance and building permit issuance. The facility must be the principal residence of the daycare provider and clearly incidental and secondary to the property's use as a single-family residence; it is treated as a single-family residence for building code purposes unless the State Fire Marshal requires additional standards. Operators must comply with county Environmental Health sanitation requirements and State Fire Marshal health and safety requirements, provide one on-site parking stall for every eight children or fraction thereof, and provide direct access to a publicly maintained road or form/join a road maintenance district. All facilities must be state licensed. This mirrors California's preemptive framework (Health and Safety Code Section 1597.45), which requires family daycare homes to be treated as residential uses.
Operating a family daycare home without a state license, or without meeting the parking, road access, and health and safety standards of Section 12.03.090, violates the Nevada County Code and state licensing law. County code enforcement may issue administrative or criminal citations under Sections 12.05.210 and 12.05.220, and the California Department of Social Services may take licensing action.
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