Subject:
Title
Re-adoption of emergency ordinance to permit 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 August 19, Town Council approved an emergency ordinance to permit 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. Town Council re-adopted the ordinance on September 14, 2020, with an expiration date of January 31, 2021.
The emergency ordinance is currently valid until January 31, 2021, unless extended, amended, rescinded, or readopted by Town Council prior to that date. The maximum extension would be for six months from the expiration date of January 31, 2021.
Background on Emergency Ordinance
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 and industrial, zoning districts and may impose 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 ope...
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