{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2292.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2292.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2292.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2292.html"}],"law_id":66725,"edition_id":1,"section_id":66725,"structure_id":12775,"section_number":"15.2-2292","catch_line":"Zoning provisions for family day homes","history":"1994, cc. 781, 798, \u00a7 15.1-486.5; 1997, c. 587; 2014, c. 771; 2015, cc. 758, 770; 2019, cc. 380, 442; 2020, cc. 860, 861.","full_text":"A\n\nZoning ordinances for all purposes shall consider a family day home as defined in § 22.1-289.02, serving one through four children, exclusive of the provider’s own children and any children who reside in the home as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home. Nothing in this section shall apply to any county or city which is subject to § 15.2-741 or 15.2-914.B\n\nA local governing body may by ordinance allow a zoning administrator to use an administrative process to issue zoning permits for a family day home, as defined in § 22.1-289.02, serving five through 12 children, exclusive of the provider’s own children and any children who reside in the home. The ordinance may contain such standards as the local governing body deems appropriate and shall include a requirement that notification be sent by registered or certified letter to the last known address of each adjacent property owner. If the zoning administrator receives no written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance and all other applicable local ordinances, the zoning administrator shall issue the permit sought. If the zoning administrator receives a written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance, the zoning administrator shall consider such objection and may (i) issue or deny the permit sought or (ii) if required by the ordinance, refer the permit to the local governing body for consideration. The ordinance shall provide a process whereby an applicant for a family day home that is denied a permit through the administrative process may request that its application be considered after a hearing following public notice as provided in § 15.2-2204. Upon such hearing, the local governing body may, in its discretion, approve the permit, subject to such conditions as agreed upon by the applicant and the locality, or deny the permit. The provisions of this subsection shall not prohibit a local governing body from exercising its authority, if at all, under subdivision A 3 of § 15.2-2286.","order_by":null,"text":{"0":{"id":241969,"text":"Zoning ordinances for all purposes shall consider a family day home as defined in § 22.1-289.02, serving one through four children, exclusive of the provider’s own children and any children who reside in the home as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home. Nothing in this section shall apply to any county or city which is subject to § 15.2-741 or 15.2-914.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241970,"text":"A local governing body may by ordinance allow a zoning administrator to use an administrative process to issue zoning permits for a family day home, as defined in § 22.1-289.02, serving five through 12 children, exclusive of the provider’s own children and any children who reside in the home. The ordinance may contain such standards as the local governing body deems appropriate and shall include a requirement that notification be sent by registered or certified letter to the last known address of each adjacent property owner. If the zoning administrator receives no written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance and all other applicable local ordinances, the zoning administrator shall issue the permit sought. If the zoning administrator receives a written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance, the zoning administrator shall consider such objection and may (i) issue or deny the permit sought or (ii) if required by the ordinance, refer the permit to the local governing body for consideration. The ordinance shall provide a process whereby an applicant for a family day home that is denied a permit through the administrative process may request that its application be considered after a hearing following public notice as provided in § 15.2-2204. Upon such hearing, the local governing body may, in its discretion, approve the permit, subject to such conditions as agreed upon by the applicant and the locality, or deny the permit. The provisions of this subsection shall not prohibit a local governing body from exercising its authority, if at all, under subdivision A 3 of § 15.2-2286.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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single-family residence","url":"\/15.2-2291\/","token":"15.2\/II\/22\/7\/15.2-2291","metadata":false},"next_section":{"id":55400,"structure_id":12775,"section_number":"15.2-2292.1","catch_line":"Zoning provisions for temporary family health care structures","url":"\/15.2-2292.1\/","token":"15.2\/II\/22\/7\/15.2-2292.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2292\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 781<\/a> and 798<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 587<\/a>; in 2014, chapter 771<\/a>; in 2015, chapters 758<\/a> and 770<\/a>; in 2019, chapters 380<\/a> and 442<\/a>; in 2020, chapters 860<\/a> and 861<\/a>.<\/p>","references":false,"refers_to":[{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"},{"id":68797,"section_number":"15.2-741","catch_line":"Regulation of child-care services and facilities in certain counties","order_by":null,"url":"\/15.2-741\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"}],"permalink":{"id":155319,"object_type":"law","relational_id":66725,"identifier":"15.2-2292","token":"15.2\/II\/22\/7\/15.2-2292","url":"\/15.2-2292\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2292\/","token":"15.2\/II\/22\/7\/15.2-2292","dublin_core":{"Title":"Zoning provisions for family day homes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2292","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Zoning<\/span> ordinances<\/span> for all purposes shall consider a family day home as defined in § 22.1-289.02<\/a>, serving one through four children, exclusive of the provider’s own children and any children who reside in the home as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home. Nothing in this section shall apply to any county<\/span> or city<\/span> which is subject to § 15.2-741<\/a> or 15.2-914<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A local governing body<\/span> may by ordinance<\/span> allow a zoning<\/span> administrator to use an administrative process to issue<\/span> zoning<\/span> permits for a family day home, as defined in § 22.1-289.02<\/a>, serving five through 12 children, exclusive of the provider’s own children and any children who reside in the home. The ordinance<\/span> may contain such standards as the local governing body<\/span> deems appropriate and shall include a requirement that notification be sent by registered or certified letter to the last known address of each adjacent property owner. If the zoning<\/span> administrator receives no written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance<\/span> and all other applicable local ordinances<\/span>, the zoning<\/span> administrator shall issue<\/span> the permit sought. If the zoning<\/span> administrator receives a written objection from a person so notified within 30 days of the date of sending the letter and determines that the family day home otherwise complies with the provisions of the ordinance<\/span>, the zoning<\/span> administrator shall consider such objection and may (i) issue<\/span> or deny the permit sought or (ii) if required by the ordinance<\/span>, refer the permit to the local governing body<\/span> for consideration. The ordinance<\/span> shall provide a process whereby an applicant for a family day home that is denied a permit through the administrative process may request that its application be considered after a hearing<\/span> following public notice as provided in § 15.2-2204<\/a>. Upon such hearing<\/span>, the local governing body<\/span> may, in its discretion, approve the permit, subject to such conditions as agreed upon by the applicant and the locality<\/span>, or deny the permit. The provisions of this subsection shall not prohibit a local governing body<\/span> from exercising its authority, if at all, under subdivision A 3 of § 15.2-2286<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nZONING PROVISIONS FOR FAMILY DAY HOMES (\u00a7 15.2-2292)\n\nA. Zoning ordinances for all purposes shall consider a family day home as\ndefined in § 22.1-289.02, serving one through four children, exclusive of\nthe provider’s own children and any children who reside in the home as\nresidential occupancy by a single family. No conditions more restrictive than\nthose imposed on residences occupied by persons related by blood, marriage, or\nadoption shall be imposed upon such a home. Nothing in this section shall apply\nto any county or city which is subject to § 15.2-741 or 15.2-914.\n\nB. A local governing body may by ordinance allow a zoning administrator to use\nan administrative process to issue zoning permits for a family day home, as\ndefined in § 22.1-289.02, serving five through 12 children, exclusive of\nthe provider’s own children and any children who reside in the home. The\nordinance may contain such standards as the local governing body deems\nappropriate and shall include a requirement that notification be sent by\nregistered or certified letter to the last known address of each adjacent\nproperty owner. If the zoning administrator receives no written objection from a\nperson so notified within 30 days of the date of sending the letter and\ndetermines that the family day home otherwise complies with the provisions of\nthe ordinance and all other applicable local ordinances, the zoning\nadministrator shall issue the permit sought. If the zoning administrator\nreceives a written objection from a person so notified within 30 days of the\ndate of sending the letter and determines that the family day home otherwise\ncomplies with the provisions of the ordinance, the zoning administrator shall\nconsider such objection and may (i) issue or deny the permit sought or (ii) if\nrequired by the ordinance, refer the permit to the local governing body for\nconsideration. The ordinance shall provide a process whereby an applicant for a\nfamily day home that is denied a permit through the administrative process may\nrequest that its application be considered after a hearing following public\nnotice as provided in § 15.2-2204. Upon such hearing, the local governing\nbody may, in its discretion, approve the permit, subject to such conditions as\nagreed upon by the applicant and the locality, or deny the permit. The\nprovisions of this subsection shall not prohibit a local governing body from\nexercising its authority, if at all, under subdivision A 3 of § 15.2-2286.\n\nHISTORY: 1994, cc. 781, 798, \u00a7 15.1-486.5; 1997, c. 587; 2014, c. 771; 2015,\ncc. 758, 770; 2019, cc. 380, 442; 2020, cc. 860, 861.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}