Durham, NC Home Business: Home Daycare (2026)
Key Facts
- Governing rule
- UDO § 5.4.4, Home Occupations
- State classification
- Center Located in Residence (CLIR), NC DHHS
- Floor area cap
- 30% of dwelling's livable floor area
- Staffing limit
- 1 nonresident employee (non-RR districts)
- Permit required
- Home occupation permit, UDO § 3.13
- Enforcement
- Planning Director may revoke for noncompliance
Summary
Durham licenses in-home daycares as a "Child Care Center in Residence," and the Unified Development Ordinance folds them directly into the home occupation rules at Section 5.4.4: the space used cannot exceed 30% of the dwelling's livable floor area, only one outside employee is allowed, and the ordinance carves out a specific exception letting the operation keep an outdoor recreation area.
Care Center - Child Care Center in Residence: A child care center located within a residence and regulated by the State as a 'Center Located in Residence (CLIR). For the purposes of this Ordinance, such activities shall meet all requirements for home occupations. ... The total square footage devoted to the home occupation shall not exceed 30% of the floor area of the livable portion of the dwelling. ... Only persons residing on the premises and up to one nonresident employee can be engaged in the home occupation. No outside storage use or activity, except parking, required recreation areas for child care centers in residences, and for instructional services that require an outdoor facility such as a swimming pool for swim classes, shall be associated with the home occupation.
Full Breakdown
4's general standards control. Under paragraph A, no goods or services tied to the daycare may be visible off-site, no hazardous materials may be stored or processed on the premises, and the total floor area devoted to the operation cannot exceed 30% of the livable portion of the dwelling: including any accessory structure or accessory dwelling pressed into service. Traffic and parking generated by drop-off and pick-up cannot create congestion on the street, and no equipment or process may produce noise, vibration, glare, fumes, odors, or electrical interference detectable off the property.
Paragraph C, governing "Other Home Occupations" (every district besides large-lot Residential Rural parcels), caps staffing at residents of the home plus one nonresident employee, and it carves out an explicit exception letting a child care center in residence keep an outdoor, storage-free recreation area even though outside storage is otherwise banned for home occupations. 4's application requirements, and the Planning Director or a designee approves it only if every UDO requirement is met.
Violations & Fines
A home occupation permit, the mechanism covering a child care center in residence, is revoked outright if Durham City-County Planning finds the operation out of compliance with any UDO requirement (Sec. 3.13). Revocation follows staff review and inspection, and the operator can appeal the final action to the Board of Adjustment under UDO Section 3.15, Appeal of Administrative Decision, rather than losing the daycare with no recourse.
Frequently Asked Questions
Does Durham require a permit for a home daycare?
How much of my house can I use for a home daycare in Durham?
Can I hire help for a home daycare?
Can a home daycare use an outdoor play area?
Sources & Official References
Other rules in Durham
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