Skip to main content
CityRuleLookup

Portsmouth, VA Home Business: Home Daycare (2026)

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

Key Facts

Child capacity
5 to 12 children under 13
Neighbor notice
Registered/certified letter, 30-day window
Objection outcome
Any written objection denies the permit
Admin review fee
$200.00 (Appendix A)
Use Permit fee
$660.00, credited from review fee

Summary

A family day home caring for five to twelve children under 13 is a permitted use in Portsmouth's residential districts, but the Zoning Administrator must first mail adjoining property owners notice by registered or certified letter. If any neighbor objects in writing within 30 days, the zoning permit is denied and the provider must instead apply for a discretionary Use Permit.

FAMILY DAY HOME—A licensed child day program offered in the residence of the provider or the home of any of the children in care for five through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. (b)Family Day Home. In addition to general requirements, family day homes shall comply with the following requirements:(i)Family day homes shall be licensed and comply with all state regulations for family day homes.(ii)Once the request has been determined to comply with the requirements of this Ordinance, the Zoning Administrator shall notify the adjoining property owners of the site by registered or certified letter sent to their last known address of a request for a family day home in accordance with Code of Virginia § 15.2-2292.

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 65).

Full Breakdown

Portsmouth's zoning ordinance defines a Family Day Home, in Sec. 2-211, as a licensed child day program run out of the provider's residence or a client's home for five through twelve children under age 13, not counting the provider's own children or children who live in the home. A home caring for four or fewer children, or four or fewer under age two, is instead treated as Child Sitting and regulated as a Home Occupation rather than a Family Day Home. Sec. 2-217(E)(1)(b) requires the provider to hold a state license and comply with all state day-home regulations before operating.

2-2292. If no adjoining owner files a written objection within 30 days of that mailing, the Zoning Administrator may issue the Zoning Permit. If even one adjoining owner objects in writing within the 30-day window, the Zoning Permit must be denied, and the provider's only path forward is a discretionary Use Permit application under Sec. 2-533, reviewed by the Planning Commission and City Council rather than approved administratively. 00 Use Permit application fee. Because Sec. 2-211 bars the city from imposing restrictions on a Family Day Home that are more restrictive than those applied to a household of related family members, the notice-and-objection process is Portsmouth's chief zoning-specific control on this use.

Violations & Fines

Operating a Family Day Home without state licensing, or without completing the required neighbor-notice process before the city issues a Zoning Permit, is a zoning violation. If an adjoining owner's timely objection blocks the administrative Zoning Permit, continuing to operate without pursuing the required Use Permit under Sec. 40.2-533 exposes the provider to enforcement under Sec. 40.2-553's general penalty of up to $1,000.00.

Frequently Asked Questions

How many children can a Portsmouth family day home care for?
Sec. 40.2-211 defines a Family Day Home as caring for five through twelve children under age 13, not counting the provider's own children; homes caring for four or fewer are instead regulated as a Home Occupation.
Do my neighbors get a say before I open a home daycare?
Yes. Sec. 40.2-217(E)(1)(b) requires the Zoning Administrator to notify adjoining property owners by registered or certified letter, and if any of them files a written objection within 30 days, the Zoning Permit must be denied.
What happens if a neighbor objects to my family day home?
If the Zoning Permit is denied because of a neighbor's timely written objection, you can still apply for a discretionary Use Permit under Sec. 40.2-533, which costs $660.00 but credits the $200.00 administrative review fee you already paid.
Does a family day home need a state license too?
Yes. Sec. 40.2-217(E)(1)(b)(i) requires every Family Day Home to be licensed and comply with all state regulations for family day homes before the city will process the zoning request.

Sources & Official References

Other rules in Portsmouth

All Portsmouth rules

Compare Portsmouth to another location·View the Virginia home business overview

Get notified when Home Daycare in Portsmouth, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.