Gaithersburg, MD Home Business: Home Daycare (2026)
Key Facts
- Small family day care
- By-right accessory use in most zones
- Large family day care
- Special exception required, all zones
- Live/work dwellings
- Both classifications prohibited
- Signage
- Must follow home-based-business sign rules
- Approving body
- Board of appeals for special exceptions
Summary
Gaithersburg zones small family day care as a by-right accessory use in every residential district, permitted by right in single-family, duplex, townhouse and stacked dwellings under Table 24-3.1-1. Large family day care needs a special exception from the board of appeals in every residential zone. Both classifications must follow the home-based-business signage standards under section 24-5.4.
Day care, large family (4) Section 24-5.4 Ⓢ Ⓢ Ⓢ Ⓢ Ⓢ Ⓢ Ⓢ Ⓢ Day care, small family (5) Section 24-5.4 ● ● ● ● ●/Ⓢ ●/Ⓢ ●/Ⓢ ●/Ⓢ ... (4) Accessory use only. Prohibited in all multifamily attached, triplex, quadplex, and all live/work dwellings. (5) Accessory use only. Permitted by-right in all single-family detached, duplex, townhouse, and stacked dwellings. Special exception in all multifamily attached, triplex, and quadplex dwellings. Prohibited in all live/work dwellings. ... Sec. ... 24-5.4. - Family day care. Signage standards. Signage proposed at family day care uses must meet the signage standards applicable to a home-based business, pursuant to section 24-5.5, Home-based business.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
1 of Chapter 24, splits family day care into two zoning classifications rather than treating it as a single use. Day care, small family carries the by-right symbol in the R-A, R-90, R-6 and RB zones, and a combined by-right-or-special-exception symbol in RP-T, R-20, R-18 and R-H, but footnote (5) narrows that permission: it is by-right only in single-family detached, duplex, townhouse and stacked dwellings, drops to a special exception in multifamily attached, triplex and quadplex dwellings, and is flatly prohibited in any live/work dwelling.
Day care, large family carries the special-exception symbol across all eight residential zones with no by-right path anywhere, and footnote (4) confirms it is an accessory use only and is prohibited outright in multifamily attached, triplex, quadplex and live/work dwellings regardless of the special-exception process. Both classifications are explicitly accessory uses, meaning the property must have an existing residential use, and both must be operated within a dwelling used as someone's home rather than as a standalone commercial facility. 5, including its one-sign, non-illuminated, dimension-limited format, rather than the larger commercial sign standards in article 8.
7, the same process used for a bed and breakfast or a material-impact home-based business, and the numeric capacity limits that distinguish a small family day care from a large family day care are set by the state's child-care licensing program rather than by this zoning chapter.
Violations & Fines
Operating a large family day care without board of appeals approval, or exceeding the sign standards incorporated by section 24-5.4, is a zoning violation enforced as a municipal infraction under section 24-15.1 and chapter 1, section 1-9. The city manager or designee can order the use discontinued, and Planning and Code Administration investigates complaints. Fines run up to the council-set maximum, with an added penalty of up to $1,000 for late payment, and section 1-11 permits a lien against the property for correction costs.
Frequently Asked Questions
Can I run a small family day care from my Gaithersburg home without a special exception?
Does large family day care need city approval?
What sign can I put up for a home day care in Gaithersburg?
Sources & Official References
Other rules in Gaithersburg
Compare Gaithersburg to another location·View the Maryland home business overview
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 Montgomery County handle home daycare.