Child care for four or fewer children (including the provider's own children or any children who reside in the home), in the provider's residence may not be regulated by the state licensing requirements. Per the Chesapeake Zoning Ordinance, the care of four or fewer children (including the provider's own children or any children who reside in the home), would be considered a Level I Home Occupation and is permitted only in single-family dwellings. This type of care is defined as a Day Home by the Virginia Department of Education. Family Day Home is not permitted in multi-family dwellings, including but not limited to, apartments and condos.
Approval for a Family Day Home may be permitted as a Level II Home Occupation by obtaining a Conditional Use Permit and a License from the Virginia Department of Education.
Chesapeake Zoning Ordinance
The following information was obtained from the Virginia Department of Education's Website:
Family day home care is the most common form of child care in this country, especially for younger children. Parents may choose family child care for its intimate, home-like setting, flexible hours, consistency of caregiver, and small group size. The Code of Virginia mandates the licensure of family day homes that provide care for five through twelve children (exclusive of the provider's own children and any children who reside in the home). The care may be offered in the home of the provider or in the home of any of the children in care. A family day home caring for more than four children under the age of two, including the provider's own children and any children who reside in the home, must be licensed or voluntarily registered. A family day home where the children in care are all related to the provider by blood or marriage is not required to be licensed. During the (less than 24 hour) absence of a parent or guardian, the licensed family day home provider assumes responsibility for the supervision, protection, and well-being of a child under 13 years of age. Licensing standards, which are proposed by the Virginia Board of Education and enforced by the Virginia Department of Education, ensure that the activities, services, and facilities of the family day home are conducive to the welfare of the children in care. Need assistance? Contact your licensing inspector or the Office of Child Care Licensing in your region.