File #: 16-0192    Version: 1 Name: ZOA 190-2016 Day Care Regulation
Type: Zoning Ordinance - Text Status: Passed
File created: 5/17/2016 In control: City Council Legislative Session
On agenda: 6/8/2016 Final action: 6/8/2016
Title: Ordinance To Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2 Pertaining To Day Care
Indexes: , Legal Compliance
Attachments: 1. PC Resolution, 2. Red Line, 3. Presentation
Title
Ordinance To Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2 Pertaining To Day Care

Purpose
Background Statement:
Chapter 2 of the zoning ordinance addresses definitions. Specifically, this amendment updates day care types to bring definitions into compliance with state code changes effective July 1, 2016.

Family Day Care 1 (FDC1) is allowed no more than four (4) clients. This has been reduced from five (5) clients.
Family Day Care 2 (FDC2) is allowed five (5) to twelve (12) clients. Previously this category allowed for six (6) to nine (9) clients.
Commercial Day Care allows for any number of clients in a non-residential setting. Previously this category was for ten (10) or more clients.

More information on the proposed day care regulation changes can be found in the red line. Approval of this amendment would establish amended definitions for day care types.

This amendment is in conjunction with ZOA 191-2016.

Recommendations:
Rec
Staff Recommendation:
Approve

Planning Commission Recommendation:
Approve

Body
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;

BE IT ORDAINED by the Council of the City of Hampton, Virginia that chapter 2 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as of July 1, 2016 as follows:

Section 2-2. - Definitions


Day care. Any dwelling or facility receiving children or adults for care limited to less than twenty-four (24) hours per day per client. Three (3) types shall be established based on the number of clients, exclusive of any children or adults living in a dwelling:
Day Care 1, Family (FDC1) - No more than four (4) clients in an occupied dwelling, in which one of the clients or the provider resides;
Day Care 2, Family (FDC2) - Five (5) to twelve (12) clients in an occupied, detached, one or two-family residence or duplex dwell...

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