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Gaithersburg, MD Home Business: Home Daycare (2026)

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

View official code

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?
Yes, in most cases. Table 24-3.1-1 permits small family day care by right in single-family detached, duplex, townhouse and stacked dwellings citywide. It only shifts to a special exception in multifamily attached, triplex and quadplex dwellings, and it is prohibited in any live/work dwelling.
Does large family day care need city approval?
Yes. Table 24-3.1-1 marks large family day care with a special-exception symbol in every one of the city's eight residential zones, so an operator must obtain board of appeals approval under section 24-12.7 before starting, and it remains prohibited outright in multifamily attached, triplex, quadplex and live/work dwellings.
What sign can I put up for a home day care in Gaithersburg?
Section 24-5.4 requires a family day care sign to meet the same standards as a home-based business sign under section 24-5.5: one non-illuminated permanent building sign no larger than 0.75 square feet, mounted on a street-facing or entrance-facing wall and permitted under section 24-8.6.

Sources & Official References

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