Child Care and Daycare Facility Zoning in the City of Bentonville
In the City of Bentonville, child care facilities are categorized by size and type, ranging from large commercial "Licensed Centers" to smaller residential "Family Homes." Licensed Child Care Centers are permitted by right in the A-1, R-O, DC, DE, and all Commercial (C) districts, while they require a Conditional Use Permit in most other residential and industrial zones. Smaller Registered Family Homes (5 or fewer children) are generally allowed by right in all zoning districts as a Type A Home Occupation, provided they meet specific safety and space requirements [Section 401.05].
Classification of Child Care Facilities
The City of Bentonville Zoning Code defines child care facilities based on the number of children and the nature of the operations:
- Child Care, Licensed Center: A facility caring for six or more children under 16 years of age. This includes commercial daycare centers, nursery schools, pre-schools, and kindergartens [Article 201].
- Child Care, Licensed Family Home (6–16): A dwelling unit that provides care for 6 to 16 children (including the caregiver’s own children) in the caregiver's own residence [Article 201].
- Child Care, Registered Family Home (5): A dwelling unit providing care for no more than five children (including the caregiver’s own children) in the caregiver’s own residence [Article 201].
- Adult Day Care: An institution caring for more than four adults who require care for a portion of the day due to age or limited capacity [Article 201].
Permitted Zoning Districts
The allowability of child care services depends on the specific zoning district within the City of Bentonville. The following table details where these uses are allowed by right (●), where they require a Conditional Use Permit (C), and where they are prohibited (blank).
Table of Allowed Districts for Child Care
| Zoning District | Licensed Center (6+ Children) | Licensed Family Home (6–16 Children) | Registered Family Home (≤5 Children) | Adult Day Care |
|---|---|---|---|---|
| A-1 (Agricultural) | ● | C | ● | C |
| R-E, R-1, R-2, R-3, R-4 (Residential) | C | C | ● | C |
| R-MH, R-ZL, R-C2, R-C3 (Residential) | C | C | ● | C |
| R-O (Residential Office) | ● | ● | ● | ● |
| DN-1, DN-2, DN-3, DN-4 (Downtown Neighborhood) | C | ● | C | |
| C-1, C-2, C-3 (Commercial) | ● | ● | ● | |
| DC (Downtown Core) | ● | ● | ● | ● |
| DE (Downtown Edge) | ● | ● | ● | ● |
| I-1, I-2 (Industrial) | C | ● | ● |
[Section 401.05]
Operational and Site Requirements
Commercial Child Care Centers
In the City of Bentonville, commercial child care centers must be operated from structures that are commercial in nature or operated within a religious facility. These facilities must comply with all State of Arkansas licensing requirements and area regulations for the district in which they are located [Section 601.07].
Residential Family Homes
Facilities located within a residence must comply with the City of Bentonville Home Occupation standards:
- Registered Family Homes (5 or fewer): These must meet Type A Home Occupation standards, meaning they are approved administratively and must be the caregiver’s residence [Section 601.07].
- Licensed Family Homes (6–16): These must meet Type B Home Occupation standards, which require approval by the Planning Commission through a conditional use procedure. They must also provide verification of a Fire Department inspection [Section 601.07, Section 601.12].
Site Standards for Residential Child Care
Specific standards apply to child care in residential zones to preserve neighborhood character:
- Lot Size: The dwelling must be on a lot of at least 4,000 square feet.
- Indoor Space: A minimum of 35 square feet of usable indoor space per child is required (excluding kitchens, bathrooms, and halls).
- Outdoor Play Area: Must be enclosed by an opaque fence at least 6 feet high and provide 75 square feet of area per child present at one time.
- Traffic: For residences on four-lane streets, at least one paved on-site turnaround area must be provided to prevent vehicles from backing out into the street [Section 601.07].
Off-Street Parking and Loading
Child care facilities in the City of Bentonville must provide adequate parking and stacking space to ensure safety during drop-off and pick-up.
| Facility Type | Required Parking Ratio | Stacking/Loading Requirement |
|---|---|---|
| Nursery, Kindergarten, and Day-Care Centers | 1 space per 500 sq. ft. of net floor area PLUS 1 space per employee | 1 loading/unloading space for every 10 children accommodated |
| Adult Day Care | (Typically reviewed as "Personal Services" or specific use) | N/A |
[Section 501.06]
Prohibited Areas and Airport Overlays
The City of Bentonville restricts child care facilities in certain overlay districts due to safety concerns:
- XNA Airport Overlay District: Child care and daycare facilities are expressly prohibited in Zone 2 (Inner Safety/Turning Zone) and Zone 3 (Outer Safety Zone) [Section 401.13].
- Municipal Airport Overlay District: Schools and similar facilities are permitted only if they include sound attenuation to achieve a 30-decibel noise reduction [Section 401.12].
Sections Cited
- Article 201 Definitions
- Section 401.05 Table Of Uses For Zoning Districts
- Section 401.12 Municipal Airport Overlay District
- Section 401.13 Northwest Arkansas Regional (XNA) Airport Overlay District
- Section 501.06 Number Of Off-Street Parking Spaces Required
- Section 601.07 Child Care
- Section 601.12 Home Occupations