Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 3, Section 3-3 Entitled, “Additional Standards on Uses” to Include a Limitation on the Hours of All Outdoor Play Activities for Day Care 1, Commercial in The Neighborhood Commercial (C-1) District
Purpose
Background Statement:
The proposed amendment seeks to amend the additional standards for uses, more specifically all outdoor play activities in conjunction with the “day care 1, commercial” use within the Neighborhood Commercial (C-1) District to include a limitation on hours from 8:00 p.m. to 6:00 p.m. Monday through Sunday. Currently, the additional standards related to “day care 1, commercial” uses limit the hours of operation from 7:00 a.m. to 10:00 p.m. Monday through Sunday in the C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3 and PO-1 districts.
The proposed amendment, in conjunction with Zoning Ordinance Amendment No. 24-0014, aims to permit any outdoor play area associated with “day care 1, commercial” uses, subject to additional standards. Currently, any day care center operating in the C-1 district is not permitted to have an outdoor play area. 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 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).
The proposed restriction on operating hours aligns with the permitted hours for outdoor play activities associated with the “day care 2, family” use. This limitation is more stringent due to the frequent residential character or proximity to residential areas prevalent in many Neighborhood Commercial (C-1) districts.
Allowing day cares as permitted outdoor uses within C-1 could increase access ...
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