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Montgomery County, VA Building Safety: Childcare Center Rules (2026)

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

Key Facts

Child threshold
More than 9 children, licensed and for compensation
Adult threshold
More than 4 aged, infirm or disabled adults
Parking, per child
0.1 space per licensed child capacity
Parking, per employee
1.0 space per employee
Loading space required
None, per the Sec 10-44 parking table

Summary

Outside Blacksburg and Christiansburg, a day care center is a licensed use under Sec 10-61: commercial or public care for more than nine children, or more than four aged, infirm or disabled adults who reside elsewhere, and it must provide off-street parking at 0.1 space per licensed child plus 1.0 space per employee under Sec 10-44.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Use Parking Spaces Required Loading Spaces Required ... Day care facilities 0.1 per the number of children allowed at the facility, plus 1.0 per employee None ... Day care center (child or adult): A licensed establishment operated as a commercial enterprise or public facility which is operated only during a part of any twenty-four-hour day for the purpose of providing care, protection and supervision for compensation to more than nine (9) children or more than four (4) aged, infirm, or disabled adults who mainly reside elsewhere.

Full Breakdown

Montgomery County's zoning definitions section sets the line between a small, informal childcare arrangement and a regulated "day care center (child or adult)": the county defines the use as a licensed establishment operated as a commercial enterprise or public facility, running only part of the day, that provides care, protection and supervision for compensation to more than nine children, or more than four aged, infirm or disabled adults who mainly reside elsewhere. That numeric threshold, more than nine children or more than four qualifying adults, is what pulls a childcare operation into the zoning code's day care center use category rather than treating it as an incidental home activity.

0 space per employee, with no separate loading space required. That formula scales directly with the facility's licensed capacity, so a center approved for sixty children needs six parking spaces from the child-based calculation alone, on top of one space for every staff member on site. The parking table applies these standards uniformly across use categories in Sec 10-44, and the zoning administrator determines requirements for any use not specifically listed by comparing it to the closest listed use, which is how day care centers were assigned their own line rather than being lumped in with general commercial or institutional uses.

Because the definition ties directly to state licensure, an operation licensed to serve fewer children than the nine-child threshold does not trigger the day care center classification or its parking formula under this chapter.

Violations & Fines

Operating a day care center without meeting the applicable zoning permit and off-street parking requirements of Sec 10-44 is a zoning code violation, enforceable by the county's Zoning Administrator through Planning and GIS Services. With no specific penalty stated for a day care parking or use violation, Sec 1-6 makes it a class 1 misdemeanor under Code of Virginia Section 18.2-11, with each day of continued violation a separate offense.

Frequently Asked Questions

At what point does home childcare become a regulated day care center in Montgomery County?
Sec 10-61 defines a day care center as a licensed establishment providing care for compensation to more than nine children, or more than four aged, infirm or disabled adults who reside elsewhere. Below that threshold, the zoning code's day care center use category and parking formula do not apply.
How much parking does a day care facility need in Montgomery County?
Sec 10-44's parking table requires 0.1 off-street parking space for every child the facility is licensed to serve, plus 1.0 space per employee, with no separate loading space required for the use.
Who enforces day care zoning and parking rules outside Blacksburg and Christiansburg?
Planning and GIS Services, which houses the county's Zoning Administrator, enforces the day care center definition and off-street parking standard in the unincorporated county under Sections 10-61 and 10-44.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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