Apex, NC Home Business: Home Daycare (2026)
Key Facts
- Permit required
- Home Occupation Permit, Planning Director
- Floor area cap
- 25% of dwelling or 500 sq ft
- Child count cap
- Set by NC state licensing
- Who may operate
- Immediate family member only
- Where it applies
- Corporate limits plus mapped ETJ
Summary
Apex allows licensed family child care homes as a home occupation, but caps floor area at 25% of the dwelling (or 500 sq. ft.) and limits enrollment to the number the state permits under NC child care licensing rules.
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;
No goods, products, or commodities bought for the express purpose of resale shall be sold at retail or wholesale on the premises; homemade items, foodstuffs, and crafts made in the home may be offered for sale on the premises in the RA Rural Agricultural and RR Rural Residential districts only;
Enclosed Building A home occupation shall be conducted within the principal dwelling or an enclosed accessory structure, and shall not be conducted within any open porch that is attached to and part of the principal structure;
Essential Character The home occupation shall not change the essential residential character of the use;
Immediate Family
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Apex's Unified Development Ordinance treats a licensed family child care home as a type of home occupation, requiring a Home Occupation Permit approved by the Planning Director. The use must stay clearly secondary to the residence, confined to 25% of the dwelling's floor area or 500 square feet (whichever is less), and run by a member of the immediate family living there. The number of children cared for cannot exceed what the NC Division of Child Development and Early Education allows for licensing. The rule applies inside Apex's corporate limits and its mapped extraterritorial jurisdiction; outside both, Wake County zoning governs.
Violations & Fines
Operating without an approved Home Occupation Permit, or exceeding the floor-area or enrollment caps, is a UDO violation the Planning Director can pursue; civil penalties run $100 per violation, accruing daily until corrected (UDO § 11.4.4).
Frequently Asked Questions
Can I run a licensed daycare from my home in Apex, NC?
Do I need a permit to run a home daycare in Apex?
Does this rule apply outside Apex's town limits?
Sources & Official References
Other rules in Apex
Compare Apex to another location·View the North Carolina home business overview
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Home Daycare in Nearby Cities
How other cities in Wake County handle home daycare.