Bill Text: VA HB2569 | 2019 | Regular Session | Comm Sub
Bill Title: Family day homes; zoning permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-03-14 - Governor: Acts of Assembly Chapter text (CHAP0380) [HB2569 Detail]
Download: Virginia-2019-HB2569-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-2292 of the Code of Virginia is amended and reenacted as follows:
§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 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. 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 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, the zoning administrator may 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.