HomeMy WebLinkAboutZTA201300004 Legacy Document 2013-06-24Attachment A
Albemarle County Zoning Ordinance
Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group
of six (6) or more children under the age of thirteen (13) during the absence of a parent or guardian during a part
of a day, and includes those establishments commonly known as preschools and nursery schools. The term "day
care center" does not include: (1) an establishment licensed and regulated as a summer camp pursuant to Virginia
Code § 35.1 -1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating
a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a
facility operated by a religious organization where children are cared for during short periods of time while
persons responsible for such children are attending religious services. The uses identified in this chapter as "child
care," "day care," "nurseries" (for children) and "nursery facilities" are day care centers. (Added 10 -3 -01)
Family day home: A dwelling unit where care, protection and guidance is provided to a group of more than five
(5) children under the age of thirteen (13), exclusive of the provider's family, during the absence of a parent or
guardian during a part of a day. A single - family dwelling having five (5) or fewer children is a single - family
residential use. (Added 10 -3 -01)
5.1.06 DAY CARE CENTER, FAMILY DAY HOME
Each day care center or family day home shall be subject to the following: (Added 10 -3 -01)
a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the
responsibility of the owner /operator to transmit to the zoning administrator a copy of the original license. Failure to do so
shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10 -3 -01)
b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to
promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this
chapter; (Amended 10 -3 -01)
c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the
requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire
Marshal, or any other local, state or federal agency. (Amended 10 -3 -01)
Code of Virginia
§ 15.2 -2292. Zoning provisions for family day homes.
A. Zoning ordinances for all purposes shall consider a family day home as defined in § 63.2 -100 serving one through five
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. 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 § 63.2 -100 serving six through twelve 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 thirty 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 may issue the permit sought. 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. 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.