Virginia Beach, VA Home Business: Home Daycare (2026)
Key Facts
- Requires
- Conditional use permit from city council
- Trigger threshold
- More than 4 unrelated persons in care
- Applies in
- All residential districts, R-40 to R-2.5
- Floor-area cap
- Exempt, unlike other home occupations
Summary
Operating a family day-care home in a Virginia Beach residential district requires a conditional use permit from city council: it's not allowed by right in any R-zoned neighborhood.
(a) Principal and conditional uses. ... Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited... Family day-care homes: C C C C C C C C C C [R-40, R-30, R-20, R-15, R-10, R-7.5, R-5D, R-5R, R-5S, R-2.5]
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
Virginia Beach's zoning ordinance defines a family day-care home as a private home providing care to more than four unrelated children, seniors 62+, or disabled persons, up to seven total once relatives are counted, under Zoning Ordinance § 111. Because that threshold triggers home-occupation status, § 501(a)'s use table lists 'Family day-care homes' as a conditional use ('C') in every residential district, R-40 through R-2.5, meaning operators must obtain a conditional use permit from city council before opening, not just register or apply for a license by right. Family day-care homes are, however, exempt from the 20% floor-area cap that other home occupations face under § 234(a).
Violations & Fines
Operating a family day-care home without the required conditional use permit is a zoning violation: a misdemeanor punishable by a fine up to $1,000 under § 104(a), with escalating fines for uncorrected violations.
Frequently Asked Questions
Can I run a home daycare without a permit in Virginia Beach?
How many children trigger the permit requirement?
Sources & Official References
Other rules in Virginia Beach
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