Childcare and Daycare Regulations in Fayetteville
In the City of Fayetteville, registered child care family homes are permitted by right in any zoning district where residential uses are allowed. Larger child care centers and nursery schools (classified as Use Unit 4) are generally permitted by right in commercial and institutional districts, such as the Community Services (CS) and Institutional (P-1) districts, but require a conditional use permit in most residential districts including the Residential Single-family (RSF) and Residential Multi-family (RMF) series. All such facilities must provide a minimum lot area of 250 square feet per child and 75 square feet of outdoor play space per child.
Classification of Childcare Services
The City of Fayetteville distinguishes between three primary types of childcare services within the Unified Development Code (UDC):
- Home Occupations (Use Unit 24): These include home-based child care handling not more than six children at one time. In Fayetteville, this is considered a residential use rather than a commercial use [Section 150.08(A)].
- Registered Child Care Family Homes: Defined as a childcare setting in a family residence with a homelike environment, registered or licensed by the State of Arkansas [Section 151.01].
- Child Care Centers and Nursery Schools (Use Unit 4): These are larger facilities categorized under "Cultural and Recreational Facilities" intended to serve the residents of the community [Section 162.01(D)].
Permitted Districts by Facility Type
Registered Child Care Family Homes
In the City of Fayetteville, these facilities are allowed by right in any zoning district in which residential uses are permitted [Section 164.24].
Child Care Centers and Nursery Schools (Use Unit 4)
The following table outlines the permission status for larger centers (Use Unit 4) across the various City of Fayetteville zoning districts:
| District Category | Specific Fayetteville Districts | Status of Use Unit 4 |
|---|---|---|
| Agricultural | R-A | Conditional Use |
| Residential Single-family | RSF-.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18 | Conditional Use |
| Residential Intermediate | RI, RI-U | Conditional Use |
| Residential Multi-family | RMF-6, RMF-12, RMF-18, RMF-24, RMF-40 | Conditional Use |
| Neighborhood Conservation | NC | Conditional Use |
| Residential-Office | R-O | Conditional Use |
| Neighborhood Services | NS-L, NS-G | Conditional Use |
| Commercial | C-1, C-2, C-3, CS | Permitted Use |
| Urban Form Districts | UN, UC, UT | Permitted Use |
| Downtown Districts | DC, MSC, DG | Permitted Use |
| Institutional | P-1 | Permitted Use |
Note: In the R-O and NS-L districts, "Day care" is also explicitly permitted as a "Limited Business" (Use Unit 12a) provided the facility does not exceed 1,500 square feet of gross floor area [Section 161.18, Section 162.01(L)].
Development and Operational Standards
Fayetteville requires all childcare establishments (other than Registered Child Care Family Homes) to adhere to specific density and space standards to ensure the safety and welfare of the children and the surrounding neighborhood.
Space and Capacity Requirements
The City of Fayetteville mandates the following minimum standards for childcare facilities and nursery schools:
| Standard | Requirement |
|---|---|
| Minimum Lot Area | 250 square feet per child |
| Minimum Outdoor Play Space | 75 square feet per child (total calculated based on the number of children occupying the space at one time) |
| RSF Zone Capacity Limit | No more than 10 children, or the number approved by the state licensing board (whichever is fewer) |
[Section 163.05]
Licensing and Safety
Fayetteville requires operators of registered child care family homes to maintain a current copy of their license issued by the State of Arkansas on file with the City [Section 164.24]. Furthermore, home occupations must not occupy more than 30% of the gross floor area of one floor of the primary dwelling unit, or 300 square feet, whichever is greater [Section 163.08].
Sections Cited
- Section 150.08 Rules Of Construction
- Section 151.01 Definitions
- Section 161.03 District R-A, Residential-Agricultural
- Section 161.18 District NS-L, Neighborhood Services — Limited
- Section 161.22 Community Services
- Section 162.01 Establishment/Listing
- Section 163.05 Child Care; Nursery School
- Section 163.08 Home Occupations
- Section 164.24 Registered Child Care Family Homes