Home Child Care Facilities in Fairfax County
Adopted Zoning Ordinance Amendment ZO 14-444 for properties zoned PDH, PDC, PRM and PTC Districts
(The package has been revised to reflect the new filing fee approved with Zoning Ordinance Amendment ZO 14-444 for special exceptions and updated to clarify some submission requirements.)
On February 11, 2014, the Board of Supervisors adopted a Zoning Ordinance Amendment ZO-14-444 regarding the reduction of fees for properties zoned PDH, PDC, PRM and PTC Districts applying for a special exception application for home child care facilities from $1,100 to $435. The County's Planned Residential Community Districts, commonly known as the PRC District, which include Reston, Burke Center and Cardinal Forest are not subject to special exceptions but rather the special permit process. The approved amendment also revised the use limitations so that home child care facilities requiring special exception approval are subject to the same additional standards and plan submission requirements that are applicable to home child care facilities requiring special permit approval. Finally, the amendment allows child care facilities for occasional care provisions in regional and super-regional shopping centers as a permitted accessory use, provided that such use is located within the main structure of a regional or super-regional shopping center. The Special Exception and Special Permit filing fee for home child care facility applications are both $435.
Zoning Rules, As Revised by Zoning Ordinance ZO 13-440
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 twelve (12) and/or additional non-resident assistants may be allowed with Special Permit approval from the Board of Zoning Appeals or with Special Exception approval from the Board of Supervisors if you live in the PDH, PDC, PRM, or PTC zoning districts.
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 Fairfax County Office for Children issues permits for home child care facilities with up to five  children and a State license is required to care for six  or more children.)
Additional information is available on our Proposed Zoning Ordinance Amendments web page: http://www.fairfaxcounty.gov/dpz/zoningordinance/proposed/
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Should you have questions, please contact the Zoning Administration Division at 703-324-1314.