Gastonia council removes local child‑care caps, amends transportation language to match state guidance

The Gastonia City Council on Sept. 16 approved changes to its Unified Development Ordinance that remove locally written numeric limits on child‑care centers located in private residences and add language allowing staff to require right‑of‑way or setback reservations that track more detailed state or NCDOT plans.

Assistant Planning Director Joe Gates said the change to section 2.7 deletes the local cap on the number of children served in licensed home child‑care settings so the city will “follow suit” with state licensure instead of repeatedly amending local code. “Instead of always trying to play catch up with the state and modify as needed, we felt that by actually just deleting a portion of the ordinance… now it reads that if the state of North Carolina is going to license them, then the city will essentially follow suit,” Gates said during the public hearing.

Why it matters: supporters said the change will let local providers take advantage of recent state regulatory reforms without having to wait for a separate local ordinance update. During public comment, a long‑time home child‑care operator said she and other providers risk losing grant funding unless local rules align with recent state law; she referenced changes to state law that became effective July 1, 2025 and asked the council to act.

Council also approved a separate amendment in chapter 13 to clarify how the city implements transportation plan recommendations. Planning staff said the language strengthens the city’s ability to require dedication or reservation of right‑of‑way when more refined DOT planning or funded project designs exist beyond a general line on the Comprehensive Transportation Plan (CTP).

Assistant Planning Director Gates and Planning Director Sushil Nepal both described past cases in which the lack of clear, enforceable language led to legal uncertainty when applicants and the city disagreed about how much right‑of‑way to reserve. Nepal said the change gives staff “more tools in the toolbox” to require right‑of‑way consistent with the most current step‑level design the state produces.

Public comment: Miranda Phillips, a licensed home child‑care provider who said she recently received state grant funds to expand, urged the council to adopt local language that mirrors state reforms so providers would not be forced to return grants. She cited recent state legislation by number during her remarks and described how changes to group‑size and credential rules at the state level affect home providers’ ability to use grant dollars.

The vote: Council closed the public hearing and approved the ordinance changes during the meeting. The council also adopted a written statement finding the amendments consistent with Gastonia’s 2025 Comprehensive Plan.

Looking ahead: Planning staff said the council’s action is intended to avoid repeated, piecemeal local changes and to make the city’s review process more predictable for developers and child‑care providers.