Planning commission recommends UDO updates to ease rules for child and adult day programs

The Fredericksburg Planning Commission on Oct. 22 recommended approval, 6-0, of a Unified Development Ordinance text amendment (UDOTA FY26-02) that modifies how the city regulates childcare centers, family day homes and adult day-care centers.

Planning staff said City Council initiated the amendment Sept. 23 to create a more supportive regulatory environment for childcare and adult-day programs. Staff emphasized these uses remain subject to state licensing and regulation: adult day-care programs are regulated by the State Board of Health and the Department of Behavioral Health and Developmental Services; daycare centers and family day homes are regulated by the Virginia Department of Education. Staff said state licensing and square-footage/ratio requirements would continue to apply and would override local code where applicable.

Under the proposal, family day homes would be permitted by right for up to 12 children in single-family districts; the city would remove the prior split that required a special-use permit for certain family-day-home sizes. The amendment would require written notice to surrounding neighbors and a 21-day comment period when a family day home plans to serve six to 12 children. Childcare centers would be made permitted by right in the CT (Commercial Transitional) district where they had previously required a special-use permit. Adult day-care centers would be added to many of the same districts as childcare but would require a special-use permit when serving 13 or more adults in residential districts.

Staff also proposed clarifications to definitions and cross-references in the UDO, updates to accessory-use thresholds (aligning accessory percentages with the UDO standard), and simplifications to parking and circulation language so the UDO relies on the existing parking table. Staff pointed commissioners to an updated code table and noted one existing larger adult day-care provider previously located in a shopping-center space has since relocated to the county.

Commission discussion included confirming that state licensing and staffing ratios control actual capacities, clarifying that group homes are treated as single-family dwellings under state law and that family social caregiving that is not provided for compensation is not the regulated use. Commissioners asked staff to fix a typographical error in draft definitions. After discussion the commission voted to recommend approval; the recommendation will go to City Council for final action.