Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 9, Article III, Section 9-23 Entitled, “Modification to Permitted Uses” to Permit Outdoor Play Areas Associated with Day Care 1, Commercial and Day Care 2, Commercial Uses in the Overlay - Coliseum Central (O-CC) District
Purpose
Background Statement:
The proposed amendment seeks to authorize “day care 1, commercial” and “day care 2, commercial” uses to operate outdoors in the Overlay - Coliseum Central zoning district, if approved. Currently, several permitted uses are allowed to function wholly or partially outdoors, and this amendment aims to include commercial day care uses in that list. Importantly, the proposed changes do not introduce modifications to the definitions or additional standards related to day cares.
Coliseum Central plays a vital role as a prominent commercial, entertainment, and cultural hub within the City. However, the existing zoning regulations restrict day care centers within the Overlay - Coliseum Central (O-CC) District from having outdoor recreational areas. This limitation contradicts the standards set by the Virginia Department of Education (VDOE), which mandates outdoor activity for toddlers and preschoolers as part of daily activities in licensed child day care centers. The required amount of outdoor activity varies based on the operational characteristics of the day care center. See 8VAC20-780-310(F); 8VAC20-780-380(A); 8VAC20-780-390(B). Under current zoning regulations, staff is currently unable to approve any new day care uses within Coliseum Central that feature outdoor recreational areas.
Allowing day cares as permitted outdoor uses within the O-CC district could increase access to child care services to the City of Hampton. This step forward acknowledges the evolving nature of childcare practices, aligning local regulations with broader educational and developmental standards. This amendment could contribute ...
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