Virginia SB 117: Family day homes; licensure threshold.

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2020 SESSION

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20102365D

SENATE BILL NO. 117 

Offered January 8, 2020 

Prefiled December 15, 2019 

A BILL to amend and reenact �� 15.2-2292 and 63.2-100 of the 
 Code of Virginia, relating to family day homes; licensure threshold. 
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Patrons-- Favola; Delegate: Kory 

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Referred to Committee on Rehabilitation and Social Services 

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Be it enacted by the General Assembly of Virginia:

1. That �� 15.2-2292 and 63.2-100 
 of the Code of Virginia are 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 no more than two 
 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 three 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 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 n