Apex UDO Sec. 4.5.5.B.2 permits Family Child Care Homes as home occupations consistent with NC General Statutes (Chapter 110 Article 7) and NC Division of Child Development and Early Education (DCDEE) licensing. NC defines a Family Child Care Home as care in the operator's residence for 3 to 8 children, with no more than 5 preschool-age children at any one time (including the operator's own preschoolers). A NC DCDEE license is required for any care of more than 2 unrelated children.
Apex defers entirely to North Carolina state law and rule on home daycare capacity. UDO Sec. 4.5.5.B.2 reads: 'Family Child Care Homes shall be consistent with NC General Statutes and the policies of the North Carolina Department of Health and Human Services. The number of children cared for in the home shall not exceed the number allowed by the North Carolina Division of Child Development and Early Education for licensing of Family Child Care Homes.' Under NCGS § 110-86(3)(b), a Family Child Care Home (FCCH) is a child care arrangement located in the operator's residence where, at any one time, more than 2 children but less than 11 children receive care. The 2024 NC budget further refined NCGS § 110-91(7)(b) to cap a FCCH at 8 children total — no more than 5 preschool-age children at any one time (preschool age includes children under 60 months not yet attending kindergarten, including the operator's own preschool children), plus up to 3 school-age children. The operator's own school-age children do not count toward the cap. A NC DCDEE license (administered by NCDHHS) is required whenever more than 2 unrelated children are cared for, and includes: criminal background checks for the operator and any household members 15+; medical statements; CPR/first aid certification; 18 hours of annual in-service training; and an initial and ongoing health-and-safety inspection of the home. Cost is $52 first-time application + $52 annual renewal. Care of 9-12 children requires a Family Child Care Home Plus license (added in 2024 budget). Care of more than 12 children requires a Child Care Center license under Tenn. — under NC equivalent, a full child care center license. Apex also requires a $50 Home Occupation Permit from the Planning Department for the FCCH operator regardless of state licensing. UDO Sec. 4.5.5 caps the home-occupation floor area at 25 percent of the dwelling or 500 sq ft (whichever is less), but a Family Child Care Home is operationally exempt from this cap to the extent state law authorizes a larger child capacity than the floor area would otherwise allow.
Operating an unlicensed child care arrangement above the 2-child threshold is a Class 3 misdemeanor under NCGS § 110-103. Apex zoning violations (operating a FCCH without a Home Occupation Permit, or exceeding NC capacity caps) are enforced by the Apex Planning Department under NCGS § 160D-404 and § 160D-1119 with notice of violation, civil penalties, and equitable remedies.
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