Hampton, VA Building Safety: Childcare Center Rules (2026)
Key Facts
- Outdoor play hours
- 8:00 a.m. to 6:00 p.m. only
- Play area fence
- 6-foot opaque fence required
- Licenses needed
- City business license + state license
- Off-site employees
- Max 1 living outside the dwelling
Summary
Family child day care homes in Hampton, Virginia must get a certificate of occupancy, hold a state license, and fence any outdoor play area with a 6-foot opaque fence under the zoning ordinance.
(11)Day care 2, family. In the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, R-M... districts, this use shall comply with all of the following provisions:(i)No more than one (1) employee of the day care shall reside outside of the dwelling.(ii)No day care 2, family shall operate prior to obtaining a certificate of occupancy and all other necessary permits and inspections... (aa)A six (6) foot tall opaque fence shall be provided around the play area...(bb)All outdoor play activities shall be conducted between 8:00 a.m. and 6:00 p.m.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Hampton's zoning ordinance treats a home-based "day care 2, family" as a use with its own conditions, not an automatic right. The operator needs a certificate of occupancy and all other permits and inspections before opening, a valid business license from the Commissioner of Revenue, and a license from the Commonwealth of Virginia. Outdoor play areas must be enclosed by a 6-foot-tall opaque fence, and outdoor play is limited to 8:00 a.m. to 6:00 p.m. Parking for the day care must be in driveway/garage areas or available on-street parking, not on lawns.
Violations & Fines
Operating without the certificate of occupancy, business license, or state license, or running outdoor play outside 8:00 a.m.-6:00 p.m., is a zoning violation; a misdemeanor fine of $10-$1,000 applies under Sec. 1-11, escalating for continued noncompliance.
Frequently Asked Questions
Can I run a home day care anywhere in Hampton?
Do I need a fence for outdoor play?
Sources & Official References
Other rules in Hampton
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