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Child-care operator urges council to align with state law as Salsbury debates large family child-care rules
Summary
Councilors discussed revisions to local zoning to allow large family child care (up to 12 children) and signaled consensus to remove a proposed special-exception requirement and align local definitions with state law; a provider said pending state action and recent court rulings make special exceptions unlawful by June 1.
Salsbury planning staff and councilors on April 27 discussed changes to zoning rules to accommodate state law that expands family child care from eight to twelve children.
City planner Betsy Jackson and Department of Infrastructure staff explained a draft that initially required a special-exception review so planning bodies could assess parking, traffic and neighborhood impacts. Several councilors said they preferred to remove the special-exception step and make the use permitted, aligning local code with state law and to avoid needing to later amend the code.
Britney Truit, who identified herself as an interested provider and said her program is NAFCC-accredited, told the council she had pursued court action on the matter and that, in her view, "HB785...was the intent to prevent local jurisdictions from restricting it with special exceptions," and that subsequent state action (HB1259) would make large family child care a permitted use on June 1. Truit said she planned further legal action if the city did not conform.
Planning staff acknowledged uncertainty about pending state steps and suggested aligning local definitions with the state while retaining basic oversight. Council members asked staff to revise the draft to remove the special-exception requirement and to reflect state definitions; several members signaled consensus to move the revised measure to first reading.
What happens next: Council asked staff to incorporate the definition changes and return the ordinance for first reading; any final local changes will be subject to state law and potential future state action.
