Roanoke, VA Building Safety: Childcare Center Rules (2026)
Key Facts
- Minimum common floor area
- 35 sq ft per child
- Outdoor play area
- Must be fenced
- Applies to
- Day cares not VA DSS-licensed
- Governing section
- City Code § 36.2-408
- Application requirement
- Scaled floor plan submitted
Summary
Roanoke's zoning code requires unlicensed child day care centers to provide at least 35 square feet of common floor area per child, counting only sleeping, eating, instruction, and play space. Any outdoor play area the center provides must be fenced for a safe enclosure under Section 36.2-408.
(b)Standards. The following standards shall apply to any day care not licensed by the Virginia Department of Social Services:(1)Floor area per child: All child day care centers shall provide a minimum of thirty-five (35) square feet of designated common floor area per child, for the total number of children to be accommodated at such day care center. The designated common floor area shall consist only of those areas in which children sleep, eat, receive instruction, or play, and shall not include offices, hallways, restrooms, kitchen areas, closets, or other storage areas. A floor plan, drawn to scale, identifying common floor area shall be provided as part of any application.(2)Outdoor play area: When an outdoor play area is provided, such play area shall be fenced to provide a safe enclosure.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 94 Update 1).
Full Breakdown
2-408 of Roanoke's zoning ordinance applies supplemental space and safety standards to child day care centers, but only to those not licensed by the Virginia Department of Social Services; state-licensed centers are governed instead by the Commonwealth's own facility standards. For an unlicensed center, subsection (b)(1) sets a minimum designated common floor area of 35 square feet per child, calculated against the total number of children the center intends to accommodate. That common floor area is defined narrowly: it includes only the space where children sleep, eat, receive instruction, or play, and it excludes offices, hallways, restrooms, kitchen areas, closets, and other storage areas, so a center cannot pad its capacity calculation with non-program square footage.
An applicant must submit a floor plan drawn to scale identifying the common floor area as part of any zoning application for the use. Subsection (b)(2) separately requires that whenever a center provides an outdoor play area, that area must be fenced to provide a safe enclosure; the section does not set a minimum outdoor square footage per child, only the fencing requirement once an outdoor area exists. 2-523, in addition to whatever building and fire code requirements apply to the structure itself.
Violations & Fines
Operating a child day care center that does not meet the 35-square-foot floor area standard or leaves an outdoor play area unfenced is a zoning violation under Section 36.2-571. The Zoning Administrator issues written notice describing the deficiency, and continued noncompliance is a misdemeanor under Virginia Code Section 15.2-2286.A.5, with each day of the violation a separate offense.
Frequently Asked Questions
How much indoor space does Roanoke require per child at a day care center?
Does a Roanoke day care center need to fence its playground?
Do these space and fencing rules apply to a state-licensed day care in Roanoke?
Sources & Official References
Other rules in Roanoke
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