Family Day Care Home Occupations - Level II

On January 24, 2017, City Council approved a Resolution (PDF) that directs the Planning Commission to consider and make recommendations concerning proposed amendments to Article 14 of the Chesapeake Zoning Ordinance to repeal or amend the criteria on Level II family day care home occupations as necessary to ensure compatibility with residential neighborhoods.

Council's resolution is in response to community concerns expressed during public hearings that Level II family day care home occupations can negatively impact residential neighborhoods. As part of the ordinance review process, city staff has been directed to solicit public input prior to any proposed draft revisions to the City Zoning Ordinance.

An online survey was conducted in April 2017 regarding existing and proposed family day care home occupation regulations. Staff is currently analyzing the results of this survey. The public hearing on the text amendment (PLN-TXT-2017-001) was heard by City Council on November 21, 2017 and continued to January 16, 2018 to allow additional time for citizen input.

Please find in the following a few facts regarding current regulations for family day care home occupations.

• Section 15.2-2292 of the Code of Virginia, allows up to 4 children, not including the provider's own children and children who reside at the home, to be kept as part of a family day care home occupation, without any local government regulations. Home occupations with more than 4 not to exceed 12 children are subject to local ordinances as determined by city council.
• Currently, the City Zoning Ordinance requires a conditional use permit for family day care home occupations, that keep more than 4 not to exceed 12 children. The issuance of this permit is the result of a public hearing process and is reviewed and approved by City Council on a case-by-case basis. Any home based business that requires a conditional use permit is classified as a Level II Home Occupation.
• May 17, 2022 City Council passed a Text Amendment (PDF) to update the referenced state licensing agency for child care facilities from the Department of Social Services to the Virginia Department of Education to reflect changes in state law.
• The Virginia Department of Education requires a license for any family day care home with more than 4 children.
• The Conditional Use Permit webpage contains information on how to apply for the conditional use permit and the required documentation for submittal.