Subject:
Title
Emergency ordinance regarding a temporary waiver of zoning restrictions for child day care in commercial zones, industrial zones, and for public, semi-public and private institutions in other zones.
Body
EXPLANATION AND SUMMARY:
On July 21, 2020, the Fairfax County Schools Superintendent announced that "the 2020-21 school year will begin with virtual learning for all students" until health conditions are reassessed to determine when in-person instruction can resume safely. The decision to reopen schools virtually, due to the COVID-19 pandemic, has created a demand for child day care centers in Fairfax County and the Town of Vienna.
The Town of Vienna Code currently only allows "family day homes" and child day care centers under a Home Occupation Permit for seven or fewer children or as a Conditional Use Permit for more than seven children in RS-16 Single Family Residential, RS-12.5 Single Family Residential, RS-10 Single Family Residential, and RM-2 Multi-Family Residential zones. The Town Code does not allow day care centers to be located in the Town's commercial, industrial, zoning districts and may impose other restrictions in other zones.
Existing business in Vienna have expressed interest in filling the demand for day care services. However, an emergency ordinance is required to allow these businesses to operate and offer such services.
The attached proposed emergency ordinance will be valid only for establishments located in commercial and industrial zoning districts where they already are approved to operate by right and for other public, semi-public and private institutions in other zones. It will give the Town Manager authority to issue temporary emergency commercial child day care use permits to existing Town of Vienna businesses in commercially zoned districts who have:
* a current and valid business license
* a child day care (CDC) license from the Virginia Department of Social Services
* a diagram showing the onsite location o...
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