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Newport News, VA Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Under 5 children
no permit required
5 to 12 children
conditional use permit required
Play fence max height
6 feet
Outdoor play hours
8 a.m. to 6 p.m.
Non-resident staff
1 employee maximum

Summary

Newport News lets a home care fewer than five children with no permit, but five to twelve children requires a conditional use permit under Zoning Code § 45-522, plus a fenced play area and set outdoor hours.

(a)A child day program offered in the residence of the provider for compensation that regularly provides direct care during part of a twenty-four-hour day to fewer than five (5) children under the age of thirteen (13) years old...shall be permitted...(b)...to at least five (5) and not more than twelve (12) children...shall be allowed with the approval of a conditional use permit...(3)The play area shall be enclosed with a solid fence not to exceed six (6) feet in height in the rear or side yard.(4)Outdoor play activities shall only be conducted between 8:00 a.m. and 6:00 p.m.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 81).

Full Breakdown

Section 45-522 splits family day homes into two tiers. Caring for fewer than five children under 13 is allowed with no permit, though the provider may register voluntarily with the Virginia Department of Education. Caring for five to twelve children requires a conditional use permit, a play area enclosed by a solid fence up to six feet tall, outdoor play limited to 8:00 a.m. to 6:00 p.m., no more than one non-resident employee, and state child-care licensing.

Violations & Fines

The zoning administrator enforces this section and orders correction of violations. Operating a five-to-twelve-child day home without a conditional use permit, or exceeding the fence height or play hour limits, is a zoning violation.

Frequently Asked Questions

Do I need a permit to run a home daycare in Newport News?
Only for five or more children. Homes with fewer than five kids need no permit under § 45-522(a); five to twelve requires a conditional use permit under § 45-522(b).
How high can the play area fence be?
Six feet maximum, per § 45-522(b)(3), for facilities serving five to twelve children.

Sources & Official References

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