HomeMy Public PortalAbout2013_03_12_R041 Initiating Amendments to the ZO re Home based daycaresThe Town of
Virginia
RESOLUTION NO. 2013 -041
PRESENTED March 12, 2013
ADOPTED March 12, 2013
A RESOLUTION: INITIATING AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF
THE LEESBURG ZONING ORDINANCE TO REVISE DEFINITIONS
PERTAINING THERETO HOME -BASED CHILD CARE SERVICES
AND DAY CARE CENTERS
WHEREAS, Home -Based Child Care Services are permitted as a Home Occupation in all
residential zoning districts, Day Care Centers are by right uses in the B1, B3 and B4 Districts
and permitted by Special Exception in the B1, B2 and I1 Districts and all Residential Districts
except R8; and
WHEREAS, The Town's Zoning Ordinance includes performance standards for Home-
Based Child Care Services and Day Care Centers; and
WHEREAS, the Virginia Department of Social Services regulates and licenses child care
facilities including public and private sports and recreation facilities that provide child care
services; and
WHEREAS, the Virginia Department of Social Services has issued regulations requiring
that child care facilities produce evidence of compliance with local Zoning Regulations as part of
their licensure and re- licensure process, and;
WHEREAS, the definitions for child care facilities and the number of children permitted
in those facilities in the Town's Zoning Ordinance are different than the definitions and number
of children permitted by the Virginia Department of Social Services which creates confusion for
child care providers; and
WHEREAS, some licensed child care providers are unaware of the requirement to obtain
zoning approval in order to operate their child care business creating a hardship for the provider
and parents of the children in their care when applying for re- licensure; and
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A RESOLUTION: INITIATING AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF
THE LEESBURG ZONING ORDINANCE TO REVISE DEFINITIONS
PERTAINING THERETO HOME -BASED CHILD CARE SERVICES
AND DAY CARE CENTERS
WHEREAS; the Town's Zoning Ordinance may be amended from time to time by the
Town Council to address community health, safety and welfare needs.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that
Planning and Zoning Department staff is directed to investigate initiating a zoning ordinance text
amendment to amend the definitions of child care facilities to match those used by the Virginia
Department of Social Services, provide for the by -right use of child care centers in recreation
facilities licensed by the Virginia Department of Social Services, and to establish enhanced
performance standards that would protect the surrounding neighborhood which would allow for
an increase in the number of children that can be cared for by Home -Based Child Care Services
with a Home Occupation Permit.
PASSED this 12th day of March, 2013.
I I �\ I'-
C. stattd, Mayor
Town of Leesburg
AT S , / , L
�q " A—L-
Clerk of Co cil
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P:\Resolutions\2013 \0312 Initiating an Amendment to the ZO re Home Daycares.doc