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Charleston, WV Building Safety: Childcare Center Rules (2026)

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

Key Facts

Approvals needed
Health Dept., Building Commissioner, Fire Bureau
Drop-off area (up to 15 kids)
1 off-street area required
Drop-off area (16-50 kids)
2 off-street areas required
In religious institutions
Treated as accessory use

Summary

Family day care facilities and homes in Charleston need health, building, and fire sign-off plus dedicated drop-off parking before they can operate.

Family day care facilities and Family day care homes shall comply with the following:

a. The City-County Health Department shall approve the proposed plans

b. The Building Commissioner and Fire Inspection Bureau shall approve the proposed plans.

c. The use shall not constitute a nuisance because of traffic, the number of persons being

cared for, noise, or types of physical activity.

d. One off-street, drop-off/pick-up area shall be provided for up to 15 individuals cared for,

and two such areas shall be provided for 16-50 individuals cared for. Such area(s) must be

so located as to not require the individuals to cross a parking lot, street, or other vehicular

traffic area, and the site plan for such areas(s) must be approved by the Traffic Engineer.

e. Shall be considered an accessory use when associated with a religious institution.

23. Greenhouses in the R-O zoning districts shall comply with the following:

a. The greenhouse shall be made of stick frame construction utilizing glass or similar

materials. Hoop houses and plastic sheathing are prohibited.

b. Selling, displaying, or storage of garden and lawn care items are not permitted

24. Gambling establishments shall comply with the following:

a. Such uses shall not be located within 2000 feet of each other, except within the CBD.

b. No gambling establishment shall be permitted within 1,000 feet of any religious

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Charleston's zoning ordinance treats family day care facilities and homes as a conditional use requiring approval from the City-County Health Department and the Building Commissioner and Fire Inspection Bureau before the plans are accepted. The use can't create a nuisance from traffic, headcount, noise, or activity, and it must provide a dedicated off-street drop-off/pick-up area, one for up to 15 children, two for 16 to 50, sited so children never cross a parking lot, street, or other vehicular travel way. The Traffic Engineer signs off on that site plan. A day care operated inside a religious institution is treated as an accessory use.

Violations & Fines

Operating without Health Department, Building Commissioner, and Fire Inspection Bureau approval, or without the required drop-off/pick-up area, is a zoning violation enforceable through the city's standard permit and code-enforcement process.

Frequently Asked Questions

Does a home day care need city approval in Charleston?
Yes. Family Day Care Homes and Facilities both need Health Department and Building Commissioner/Fire Inspection Bureau plan approval under the zoning code.
Can drop-off require crossing a parking lot?
No. The required drop-off/pick-up area must be sited so children don't cross a parking lot, street, or other vehicular traffic area.

Sources & Official References

Other rules in Charleston

All Charleston rules

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