​City Council adopted this code amendment on February 14, 2024. 

See the approved ordinance here.

Background

There is consideration to amend development code regulations for child-care facilities, adult day care facilities and day homes. The proposed amendments are within Chapters 51 and 51A of the Dallas City Code that determine maximum lot coverage, uses and required parking related to these facilities.

Current regulations the facilities are defined as below:

• Adult Day Care Facility provides care or supervision for five or more persons over the age of 18 who are not related to the facility owner / operator of the Adult day cares are allowed in but not limited to retail, industrial, and commercial areas. All state, federal and local regulations will apply.

• Childcare Facilities care for, train, educate, treat, or supervise persons up to age 14 who are not related to the owner or operator. Childcare Facilities are allowed in but not limited to retail, industrial, and commercial areas. All state, federal and local regulations will apply.

• Accessory Day Home provides care or supervision for “day home attendees,” whether or not the facility is operated for profit or charges for the services it offers. For the purposes of this paragraph, “day home attendees” means persons under 14 years of age, including those related
  to the owner of the residence or the head of the household by blood, marriage, or adoption. A day home is incidental to the primary use of the premises as a residence and conducted on the premises by a resident of the premises who is on the premises during hours of operation.

Currently adult day care and childcare facilities are allowable subject to a Specific Use Permit (SUP) in residential zoning districts, as limited use in office zoning districts, and by right in non-residential districts if they are not defined by code as an accessory use.  The code currently contains (and will retain) restrictions for adult day care and child-care facilities to provide the same minimum front yard setbacks as residential zoning, larger side and rear yard setbacks, perimeter landscape buffer yards, prohibit off-street parking in a front yard setback, compliance with all State and Federal licensing, annual inspections, and compliance with International Building Code and Americans with Disabilities Act requirements which regulate  construction, occupancy limits, fire protection,  and many other requirements, to name a few.  

Accessory day homes have fewer construction-related restrictions (the same as a residence), but must be licensed and inspected by the Texas Health and Human Services Department and is currently allowed by right in all residential districts when the attendees do not exceed 10 persons.

Staff Recommendation

In addition to the current restrictions, the recommendation is to remove the Special Use Permit (SUP) requirement for these types of facilities in residential zoning districts and require an SUP in industrial districts.  In residenital zoning districts, these uses must be context sensitive: limiting height and lot coverage to the same as residential structures and to prohibit outdoor activities between the hours of 10 p.m. to  7 a.m. the next. Additional provisions for nonresidential uses in residential zoning will continue to apply include no parking in front yards, screening for dumpsters and parking lot, landscape buffers, and signage per residential standards. 

Why Is this Change Needed?

This change addresses childcare deserts in Dallas, based on US Census Bureau 2022 data, indicating approximately 93,000 children under the age of five live in Dallas, however, there is only capacity for about 35,000 kids in existing licensed childcare facilities. The availability of adult day care services (also known as adult day programs) are also predicted to be a larger issue soon with the US Census Bureau citing that adults aged 65 and over are not only growing in number but are also expected to outnumber children under 18 by 2035 (U.S. Census, 2018).

Read the Day Care Fact Sheet

Staff Contact

Sarah May || Planning & Development Department || Sarah.May@dallas.gov