Subject:
Title
Public hearing on proposed text amendments to add Family Day Home provisions to Sections 18-4, 18-13, 18-210 of Chapter 18 of the Town Code.
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EXPLANATION AND SUMMARY:
Currently the Town's zoning ordinance does not specifically give the Board of Zoning Appeals (BZA) the authority to grant conditional use permits for Family Day Home activities that are not part of nursery or kindergarten school programs. Recent cases involving child day care have led BZA members to question the BZA's jurisdiction to issue CUPs for Family Day Homes. Under the current Town ordinance, nursery or kindergarten school programs are specifically listed as a use for which the BZA can grant a CUP, but Family Day Homes are not listed.
In 2013, the then director of planning & zoning and zoning administrator issued an opinion regarding state code provisions of Virginia Code ?15.2- 2292, stating that Fairfax County has allowed a maximum of seven (7) children within a single-family home and "(t)he Town has chosen to follow this interpretation" (memorandum from GMH, June 19, 2013).The enabling statute for Family Day Homes set forth by the Code of Virginia has been amended by the General Assembly several times since 2013 and currently allows up to 12 children per Code of Virginia section ?15.2-2292.
The BZA held a work session on February 19, 2020 to discuss an amendment of the zoning ordinance to specify Family Day Homes as a conditional use permit process. BZA members recommended that Town Council amend the Town's zoning ordinances to specifically give the BZA the authority to grant conditional use permits for Family Day Home activities that are not part of nursery or kindergarten school programs.
Town Council held a work session on September 28, 2020 to discuss the matter and stressed the need for continued public input through the CUP process by amending Town Code section ?18-13 and ?18-20 to specifically include Family Day Home as an enumerated use.
The Planning ...
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