Charleston, WV Home Business: Home Daycare (2026)
Key Facts
- Zoning status
- Conditional use, all residential districts
- Capacity covered
- 4-6 children (Family Day Care Home)
- Under-24-months cap
- No more than 2 of the 4-6
- Sign-off required
- Health Dept. + Building/Fire officials
- Drop-off area
- 1 off-street space for up to 15 children
Summary
Running a family day care home in Charleston requires a conditional use permit in every residential district, plus health and fire sign-off before you open.
Family Day Care Home ... C C C C C C ... C 22 ... 22. Family day care facilities and Family day care homes shall comply with the following: a. The City-County Health Department shall approve the proposed plans b. The Building Commissioner and Fire Inspection Bureau shall approve the proposed plans. c. The use shall not constitute a nuisance because of traffic, the number of persons being cared for, noise, or types of physical activity. d. One off-street, drop-off/pick-up area shall be provided for up to 15 individuals cared for, and two such areas shall be provided for 16-50 individuals cared for.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Charleston's zoning ordinance lists Family Day Care Home as a conditional use (not a by-right use) in the R-2, R-4, R-6, R-8, R-10, R-O and PUD districts, meaning a home caring for four to six children under six (no more than two under 24 months) can't just open; the operator needs a conditional use approval first. Supplemental Regulation 22 then requires the City-County Health Department and the Building Commissioner/Fire Inspection Bureau to sign off on the plans, bars the use from becoming a nuisance from traffic, noise, or the number of children served, and mandates a dedicated off-street drop-off/pick-up area sized to how many children are cared for.
Violations & Fines
Operating without the conditional use permit or required Health Department/Fire Inspection Bureau approvals is a zoning violation subject to the code's general enforcement and penalty provisions, and the use can be found a nuisance and ordered corrected.
Frequently Asked Questions
Can I run a home daycare in Charleston without special approval?
How many children can a Charleston family day care home serve?
What else does the city require before approval?
Sources & Official References
Other rules in Charleston
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