Portsmouth, VA Home Business: Home Daycare (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.
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?
Do my neighbors get a say before I open a home daycare?
What happens if a neighbor objects to my family day home?
Does a family day home need a state license too?
Sources & Official References
Other rules in Portsmouth
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