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Albemarle County, VA Home Business: Home Daycare (2026)

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

Key Facts

By-right threshold
4 or fewer children needs no permit
Permit threshold
5-12 children needs zoning clearance
Traffic cap
24 vehicle round trips per day
State licensure
Required from Virginia Dept. of Social Services
Fire inspections
County fire official may inspect the home
Neighbor notice
30 days' written notice to abutting owners

Summary

Albemarle County treats a home-based daycare for four or fewer children as an ordinary single-family use with no special permit. Once a family day home cares for five to twelve children, Zoning Ordinance Sec. 18-5.1.56 caps the extra traffic at 24 vehicle round trips a day, requires state licensure, and makes fire inspections mandatory in Albemarle County outside Charlottesville and Scottsville.

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

a.Care for four or fewer children. Each family day home providing care for four or fewer children under the age of 13, exclusive of the provider's own children and any children who reside in the home, shall be regulated as a single-family residential use. ... 1.Traffic. The additional traffic generated by a family day home, excluding trips associated with the dwelling unit, shall not exceed 24 vehicle round trips per day. ... 4.State licensure. Each family day home shall acquire and maintain the required licensure from the Virginia Department of Social Services. The owner or operator of the family day home shall provide a copy of the license to the zoning administrator.

Full Breakdown

Sec. 56(a) lets a family day home caring for four or fewer children under 13, not counting the provider's own children or children who live in the home, operate as a plain single-family residential use with no zoning clearance at all. Once the count reaches five to twelve children, subsection (b) applies a full set of standards: additional traffic generated by the day home, apart from trips tied to the dwelling itself, cannot exceed 24 vehicle round trips per day, though the Board of Supervisors can waive that cap by special exception after weighing the impact on the neighborhood.

The operator must provide one on-site parking space plus one more for each employee, and the Zoning Administrator can require specific entrance and access improvements in consultation with the county engineer or VDOT. Every five-to-twelve-child home must hold and keep current licensure from the Virginia Department of Social Services and give the Zoning Administrator a copy; failing to produce that license is treated as willful noncompliance with the zoning ordinance in its own right. The Albemarle County fire official is authorized to conduct periodic inspections of the dwelling, and refusing to admit the fire official is likewise deemed willful noncompliance.

No such day home may start operating without a zoning clearance under Sec. 5, and abutting property owners get 30 days' written notice of the application; an unresolved written objection from a neighbor forces the operator into a special exception process under Sec. 9 before the county will approve the clearance.

Violations & Fines

Operating a five-to-twelve-child family day home without the required licensure, zoning clearance, or fire inspection access counts as willful noncompliance and a zoning violation under Sec. 18-36.1. The county may pursue a civil summons carrying a $200.00 fine for the first offense and $500.00 for each additional summons from the same facts, up to $5,000.00 total, or prosecute repeat or injury-causing violations as a Class 1 misdemeanor under Sec. 18-36.4 with fines of $10.00 to $1,000.00 per day.

Frequently Asked Questions

How many kids can I watch at home in Albemarle County without a permit?
Up to four children under 13, not counting your own children or children who live in your home, and your family day home is regulated the same as any single-family use, with no zoning clearance required, under Sec. 18-5.1.56(a).
What rules apply once I care for five or more children?
You need a zoning clearance, state licensure from the Virginia Department of Social Services, and you must keep additional daycare-related traffic under 24 vehicle round trips a day. The county fire official can also inspect the home, and abutting neighbors get 30 days' notice before your clearance is approved.
Can a neighbor block my family day home application?
A neighbor can't veto it outright, but a written objection filed within 30 days of notice forces you into a special exception hearing before the Board of Supervisors under Sec. 33.5 and 33.9, where the board decides whether the day home would be a substantial detriment to abutting lots.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

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