Skip to main content
CityRuleLookup

Apex, NC Home Business: Home Daycare (2026)

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

View official code

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?
Yes. Apex's UDO allows a licensed family child care home as a home occupation if it stays under 25% of the dwelling's floor area (or 500 sq ft) and the state's licensing cap on children.
Do I need a permit to run a home daycare in Apex?
Yes. Family child care homes are regulated as a home occupation under UDO § 4.5.5, which requires a Home Occupation Permit approved by the Planning Director before you start operating.
Does this rule apply outside Apex's town limits?
Yes, in the mapped extraterritorial jurisdiction (ETJ) the Town also enforces this UDO standard; beyond both the corporate limits and ETJ, Wake County's zoning rules apply instead.

Sources & Official References

Other rules in Apex

All Apex rules

Compare Apex to another location·View the North Carolina home business overview

Get notified when Home Daycare in Apex, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Home Daycare in Nearby Cities

How other cities in Wake County handle home daycare.

Cary, NC
Some Restrictions
Raleigh, NC
Some Restrictions