Bill Text: VA HB2569 | 2019 | Regular Session | Chaptered
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-Chaptered.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 and all other applicable local ordinances, 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.