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1994 SESSION

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HB 1083 Family day homes.

Introduced by: Mitchell Van Yahres | all patrons    ...    notes | add to my profiles

SUMMARY:

Zoning. Provides that, for the purposes of locally adopted zoning ordinances, a family day home with no more than five children (but the locality may allow more than five), excluding the provider's own children and any children residing in the home, would be considered residential occupancy by a single family and no conditions more restrictive than those that apply to single family dwellings would apply to the family day home.

The bill also allows a locality to use an administrative process for granting zoning approval for family day homes with six through 12 children, excluding the provider's own children and any children residing in the home. (Homes with over 12 children, or operations that are not in the home of the provider, or of one of the children in care, must be licensed as child day centers. See Va. Code § 63.1-195 for definitions.) The procedure allows zoning officials to notify adjoining property owners and gives them a chance to object to such use if they believe it will interfere with their right to enjoy their property. If no one objects, the zoning administrator can approve the home with no public hearings.

The bill exempts certain Northern Virginia localities. The bill would become effective January 1, 1995, and is a recommendation of the Commission on Child Day Care and Early Childhood Education.


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