Home-Based Childcare

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Local Zoning Approval for Home-Based Child Care Providers

What You Need to Know

The Virginia Department of Social Services requires daycare providers comply with local zoning laws before they will grant or renew a daycare license.  The Leesburg Department of Community Development, Planning and Zoning Division is here to help you understand the Town's regulations and guide you through the permitting process.

The Leesburg Zoning Ordinance contains the local land use regulations which are in place to limit the negative impacts a particular use may have on neighboring properties.  Examples of land use issues include site access and parking, outdoor recreation area size and security, and buffering/screening on the property such as landscaping and fencing. Article 9, Section 9.4.7 of the Zoning Ordinance specifically addresses Family Day Homes.


Home-Based Child Care for 5 or More Children

A home-based child care operation for up to 12 children (exclusive of the children living at the home) is defined by the Zoning Ordinance as a "Family Day Home" and requires approval from the Town.  As outlined in Zoning Ordinance Article 9, Section 9.4.7, Family Day Homes for 1-5 children are permitted by-right without the need for a Town Zoning Permit and 6-12 children require the approval of a Home Occupation Permit, subject to meeting the performance standards in Article 9, Section 9.4.7 and Article 3, Section 3.4.13, as applicable.

When a Home Occupation Permit is required the application must include the following:

  • A sketch plan depicting the entire lot to scale which includes:
    • setbacks
    • pathway to the facility entrance
    • child drop-off and pick-up locations
    • location of permanent in-ground play equipment
    • the size and location of the required outdoor play area and fence
  • Approval from the Homeowner's Association, if applicable.
  • Information regarding any proposed employees and where employee parking will be located. 

To apply for a Home Occupation Permit applicants should visit the Town's eTRAKiT site.


Home-Based Child Care for 5 or Fewer Children

The Zoning Ordinance allows Family Day Homes up to 5 children (in addition to your own children) as a by-right use. No Town zoning approval or permit is required. However, you are required to maintain a valid business license from the Town. If you are providing day care service for infants also be sure to check with the Virginia Department of Social Services to see if a state license is required. 


Special Exception Toolbox for Child Care Applicants

Special Exception applications are required for home-based childcare applications when an applicant proposes a Family Day Home greater than 5 children on a lot less than 2,000 square feet. Staff has prepared the following information to guide you through the special exception process.  If you have questions, please feel free to contact the Land Use Manager, Richard Klusek at 703-771-2758 or via email at rklusek@leesburgva.gov.

What you will need to start the special exception process: