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Charlottesville, VA Home Business: Home Daycare (2026)

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

Key Facts

Capacity
1 to 12 children under age 13
Governing section
Development Code § 3.5.2.C
Category
Separate accessory use, not Home Occupation
Appeal window
10 days for home-based use violations
Max penalty
$1,000 misdemeanor fine

Summary

In the City of Charlottesville, Virginia, a home-based child care program for up to 12 children counts as a Family Day Home accessory use under the Development Code, separate from the general Home Occupation category. The distinction matters because a Family Day Home is exempt from the visitor and staffing limits that apply to other home businesses.

C. Family Day Home A child care program serving 1 to 12 children under the age of 13, exclusive of the provider’s own children and any children who reside in the home, where such program is offered in the residence of the provider or the residence of any of the children in care.

Full Breakdown

C of the Development Code defines Family Day Home as a child care program serving 1 to 12 children under the age of 13, not counting the provider's own children or any children who already live in the home, offered either at the provider's residence or at the residence of one of the children in care. Because the code carves Family Day Home out as its own accessory use in Div. j confirms the split by excluding 'schools, nursery schools, and day care facilities, other than those meeting the definition of a Family Day Home' from ever qualifying as a Home Occupation, meaning any child care serving more than 12 children, or serving children in a home that does not meet the Family Day Home definition, cannot operate as an accessory use at all and instead needs a General Child Care use permitted under Div.

2's use table in a nonresidential district. 2 controls which residential districts allow Family Day Home as of right, and a provider must also hold whatever state child care licensing Virginia requires, since the Development Code regulates only the land-use side of the operation, not staffing ratios or health inspections.

Violations & Fines

Running a home child care program for more than 12 children, or for children outside the Family Day Home definition, without qualifying for a separate permitted use is a Development Code violation. The Administrator may issue a correction order under Div. 5.4, Enforcement, and a conviction carries a misdemeanor fine of up to $1,000.00 under § 5.4.4.C.2.a; a zoning violation tied to a home-based use in a residential zone carries a shortened 10-day appeal window under § 5.4.4.B.5.e rather than the standard 30 days.

Frequently Asked Questions

How many kids can I watch in my Charlottesville home without a special permit?
Up to 12 children under age 13, not counting your own children or children who already live in the home, qualifies as a Family Day Home accessory use under Development Code § 3.5.2.C. More than 12 children requires a different, nonresidential child care use.
Does a Family Day Home follow the same client limits as a Home Occupation?
No. Family Day Home is its own accessory use, and § 3.5.2.D.17.j excludes day care facilities meeting the Family Day Home definition from the Home Occupation rules, so the 3-visitor cap and other Home Occupation limits do not apply.
Do I still need a state child care license?
Yes. The Development Code only governs zoning; it does not replace Virginia's child care licensing requirements, so a Family Day Home provider must separately meet whatever state licensing or registration Virginia requires for the number of children in care.

Sources & Official References

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