                                 CODE OF VIRGINIA

ZONING PROVISIONS FOR FAMILY DAY HOMES (§ 15.2-2292)

A. Zoning ordinances for all purposes shall consider a family day home as
defined in &#xA7; 22.1-289.02, serving one through four children, exclusive of
the provider&#8217;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 &#xA7; 15.2-741 or 15.2-914.

B. 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 &#xA7; 22.1-289.02, serving five through 12 children, exclusive of
the provider&#8217;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 &#xA7; 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 &#xA7; 15.2-2286.

HISTORY: 1994, cc. 781, 798, § 15.1-486.5; 1997, c. 587; 2014, c. 771; 2015,
cc. 758, 770; 2019, cc. 380, 442; 2020, cc. 860, 861.