Quick question for some feedback.
I've got a permit request for an in home daycare that exceeds the number of children permitted in the residential district. We have a permit process for this and are going forward with that, but my question is regarding use classification.
Here's the definition the use falls under (within our use type classifications)
General daycare: Day-care services (general). This use type includes all classifications of day-care facilities regulated by the State of Nebraska that operate providing care for more than eight children. This term includes nursery schools, preschools, day-care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.
Here's our def. of Home Occupation: An accessory occupational use conducted entirely within a dwelling unit by its inhabitants, which is clearly incidental to the residential use of the dwelling unit or residential structure and does not change the residential character of its site.
So my question is this: Since it has a separate use type definition (and home occupations are not defined as a specific use type just defined in the definitions section of our zoning ordinance), then is it either a general daycare OR a home occupation or is it both?
I am writing the report and there's not a consensus on whether or not the home occupation regulations SHOULD apply or SHALL apply.
What are your opinions??? Thanks for your thought provoking insights