2006 Code of Virginia § 15.2-2292 - Zoning provisions for family day homes

15.2-2292. Zoning provisions for family day homes.

A. Zoning ordinances for all purposes shall consider a family day home asdefined in 63.2-100 serving one through five children, exclusive of theprovider's own children and any children who reside in the home asresidential occupancy by a single family. No conditions more restrictive thanthose imposed on residences occupied by persons related by blood, marriage,or adoption shall be imposed upon such a home. Nothing in this section shallapply to any county or city which is subject to 15.2-741 or 15.2-914.

B. A local governing body may by ordinance allow a zoning administrator touse an administrative process to issue zoning permits for a family day homeas defined in 63.2-100 serving six through twelve children, exclusive ofthe provider's own children and any children who reside in the home. Theordinance may contain such standards as the local governing body deemsappropriate and shall include a requirement that notification be sent byregistered or certified letter to the last known address of each adjacentproperty owner. If the zoning administrator receives no written objectionfrom a person so notified within thirty days of the date of sending theletter and determines that the family day home otherwise complies with theprovisions of the ordinance, the zoning administrator may issue the permitsought. The ordinance shall provide a process whereby an applicant for afamily day home that is denied a permit through the administrative processmay request that its application be considered after a hearing followingpublic notice as provided in 15.2-2204. The provisions of this subsectionshall not prohibit a local governing body from exercising its authority, ifat all, under provision 3 of 15.2-2286.

(1994, cc. 781, 798, 15.1-486.5; 1997, c. 587.)