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Fayetteville, NC Home Business: Home Daycare (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

State license
NC DHHS family child care home
State capacity
Up to ten children, five preschool max
Separation
500 feet from bars and adult uses
Floor area
15 percent of principal structure
Play area
100 sq ft fenced per child

Summary

Home daycare in Fayetteville needs a North Carolina family child care home license from DHHS and must meet UDO Section 30-4.D.3.d: a 500-foot separation from adult and nightlife uses, 15 percent floor-area cap, one non-resident employee, and 100 square feet of fenced play area per child.

Such uses shall be licensed by the State as a Family Child Care Home and shall comply with all minimum State requirements; Such uses shall be located at least 500 feet away from the following uses: Adult entertainment; Bars, nightclubs, and similar establishments; and Entertainment establishments.

Source: Fayetteville Code of Ordinances & Unified Development OrdinanceView official code

Full Breakdown

G.S. 110-86 defines a family child care home as an operator-occupied private dwelling serving more than two but fewer than 11 children. G.S. 110-91(7)b sets three capacity options: eight children with no more than five aged birth to five; nine children split three infants, three preschoolers, three school-age; or ten children if all exceed 24 months. The operator's own preschool-age children count toward the total; school-age children up to 13 do not. Fayetteville adds that the use be accessory to a single-family dwelling, sit at least 500 feet from adult entertainment, bars, nightclubs, and entertainment establishments, occupy 15 percent or less of the principal structure, and provide 100 square feet of fenced rear or interior side play area per child.

Violations & Fines

Operating unlicensed violates state child care law. Zoning breaches, including the 500-foot separation or the play-area shortfall, are UDO violations enforced under Article 30-8.

Frequently Asked Questions

How many children can I keep in a Fayetteville home daycare?
State law caps a family child care home at ten children when all are over 24 months, or eight with no more than five aged birth to five. The city ordinance text says 12; the state limit controls.
Do my own children count toward the limit?
Your own preschool-age children count toward the total under G.S. 110-91(7)b. Your own school-age children up to age 13 are excluded from the count.
Can I run a daycare from a rented apartment?
Not under Fayetteville's ordinance. Section 30-4.D.3.d permits incidental child care only as an accessory use to a single-family dwelling, operated by a person residing in it.

Sources & Official References

Other rules in Fayetteville

All Fayetteville rules

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