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Hackensack, NJ Home Business: Home Daycare (2026)

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

Key Facts

Child cap
5, up to 8 with resident children
Pool supervision
Age 14+ required
Outdoor play fence
5 feet high minimum
Driveway spacing
150 feet from intersecting street
State standard applied
N.J.A.C. 3A:54-6.1

Summary

Hackensack permits family day care as a conditional use in any residence, following the state's five-child cap, extendable to eight with resident children included, under N.J.A.C. 3A:54-6.1. City Code § 175-8.2C(9) adds local siting rules: a fenced outdoor play area, supervision for pool use, and a driveway that cannot open within 150 feet of an intersecting street.

Number of children. ... Consistent with N.J.A.C. ... 3A:54-6.1, the provider shall not care for more than five children at any one time, except that up to eight children may be cared for if the three children over the five children permitted meet the following criteria: ... The provider shall ensure that no driveway shall open onto a public street that is within 150 feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).

Full Breakdown

C. , the state's Manual of Requirements for Family Day Care Registration. C. 1, a provider cannot care for more than five children at any one time, except that up to eight children total can be cared for if the three above the base five either reside with the provider and are under six years old, or reside with an alternate, substitute or assistant provider and receive care for no payment while that person is present. The local conditions layer on top of the state cap: the provider must ensure an adequate, safe outdoor play area is available adjacent to or within walking distance of the home, that a person at least 14 years old supervises any children using swimming or wading pools, and that any outdoor play area is screened by a five-foot-high fence or evergreen planted wall.

2C(9)(d) sets a location standard specific to Hackensack: no driveway serving the home can open onto a public street within 150 feet of an intersecting public street, measured from the intersection of the adjacent curblines. 2C(11) cross-reference family day care as a permitted use within that broader home-occupation framework.

Violations & Fines

A family day care operating without state registration or outside the § 175-8.2C(9) siting and capacity conditions is a zoning violation enforceable under § 175-3.6: a fine up to $1,250, up to 90 days in jail, or both for a first offense, with each day of noncompliance treated as a separate violation.

Frequently Asked Questions

How many children can a Hackensack home day care provider watch?
City Code § 175-8.2C(9) follows the state cap of five children at one time, extendable to eight total if the additional three either live with the provider and are under six, or live with an alternate or substitute provider and are cared for without payment.
Does a Hackensack home day care need a fenced play area?
Yes. Section 175-8.2C(9) requires an adequate, safe outdoor play area adjacent to or within walking distance of the home, screened by a five-foot-high fence or evergreen planted wall, with a person at least 14 years old supervising any pool use.
Are there driveway rules for a Hackensack home day care?
Section 175-8.2C(9)(d) bars a driveway serving the day care from opening onto a public street within 150 feet of an intersecting street, measured from the intersection of the adjacent curblines, to keep drop-off traffic away from busy corners.

Sources & Official References

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