Home Child Care Facilities in Fairfax County
On January 29, 2013, the Board of Supervisors authorized public hearings for a Zoning Ordinance Amendment, which, if approved, would allow state-licensed home child care providers to care for up to twelve (12) children with Special Permit approval by the Board of Zoning Appeals. The amendment could also reduce the current Special Permit application filing fee of $1,100 to as low as $435.
Public Hearing Dates
These changes must be approved by the Fairfax County Board of Supervisors (Board), and public hearings on the proposed changes are scheduled as follows:
- March 20, 2013 at 8:15 p.m.: Planning Commission Public Hearing
- May 14, 2013 at 4:30 p.m.: Board Public Hearing
- June 18, 2013 at 4:30 p.m. Board (decision only)
Anyone can sign up to speak at the public hearings. To speak before the Planning Commission, sign up online , or call 703-324-2865, TTY 711, before 3 p.m. on the day of the hearing. To speak before the Board, fill out the register to speak form, accessible from the Board of Supervisors Page (found under Meetings and Agendas) or call 703-324-3151, TTY 711, by 10 a.m. on the day of the hearing.
Current Zoning Rules
In accordance with Article 10, Par. 6 of Sect. 10-103 of the Fairfax County Zoning Ordinance, home child care is permitted as an accessory use in any residence as follows:
- Care for up to seven (7) children is permitted in a single family detached home; care for up to five (5) children is permitted in a townhouse, apartment, or mobile home. (Provider's own children do not count.)
- One non-resident assistant is permitted.
- Additional children up to a maximum of ten (10) and/or additional non-resident assistants may be allowed with Special Permit approval from the Board of Zoning Appeals.
- Other requirements include: The operator of the home child care facility must live in the dwelling; there shall be no signs or other exterior evidence of the use other than play areas; and the use is subject to the regulations of Chapter 30 of the Fairfax County Code or Title 63.2, Chapter 17 of the Code of Virginia, whichever is applicable. (The County licenses home child care facilities with up to five  children and a State license is required to care for six  or more children.)
State Licensing Requirement: Temporary Process to Follow
While the County considers updating its zoning rules, home child care providers may temporarily follow this process to meet the State licensing requirements:
- The State will continue to renew licenses to providers for the existing number of children being cared for.
- Home child care providers should send the form that must be signed by the local Zoning Administrator to:
Ordinance Administration Branch
12055 Government Center Parkway, Suite 807
Fairfax, VA 22035
These forms come with the State application materials and, once completed, they will be sent back to you within five (5) business days. Please provide all requested information, including an e-mail address and contact phone number, and please indicate if this is a renewal or new license request.
- When signed by the County's zoning staff, any "contact with Local Zoning Administrator" forms will note the current Fairfax County limitations/requirements on the form.
- There will be no enforcement of County limits on numbers of children in care if the number allowed on the State license exceeds the County rules, unless it is determined that there are health and safety risks present.
- Zoning staff will work with providers who may have more than the maximum number of children currently allowed by the County's zoning rules to help bring them into compliance, or will provide them with guidance and assistance throughout the Special Permit process.
- Applicants for new licenses are expected to comply with current County regulations regarding maximum numbers of children permitted to be cared for.
Special Permit Application Package for Home Child Care: The Special Permit Application package has been shortened/simplified to be specific to home child care applications.
Department of Planning and Zoning eServices, to subscribe to receive announcements about proposed and adopted Zoning Ordinance Amendments
For questions or more information on these issues, contact:
- "Contact With Local Zoning Administrator" forms or proposed changes to zoning rules, contact the Fairfax County Zoning Administration Division at 703-324-1314, TTY 711.
- Special Permit Applications or scheduling a pre-application meeting, contact the Fairfax County Zoning Evaluation Division at 703-324-1290, TTY 711.
- Other home child care rules and regulations, contact the Fairfax County Office for Children at 703-324-7500, TTY 711.