Hanover County, VA Home Business: Home Daycare (2026)
Key Facts
- Family day home cap
- 1 to 4 children under 13, excludes provider's own kids
- Under-2 cap
- No more than 4 children under age 2 without VDSS license
- Zoning status
- Permitted accessory use, no discretionary permit required
- Larger programs
- 5-12 children is a 'day nursery,' needs special exception
- Enforcement
- Zoning Administrator, Hanover County Planning Department
- Civil fine
- $200 first ticket, $500 each additional, $5,000 cap
Summary
Hanover County zoning treats in-home child care for up to four kids under 13 as a 'family day home,' which County Code Section 26-6 defines and which is permitted by right as an accessory use in the county's residential zoning districts. Care for four or more children under age two requires licensing or voluntary registration with the Virginia Department of Social Services.
Family day home: A child day program offered in the residence of the provider or the home of any of the children in care for one (1) through four (4) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation; provided, no family day home shall care for more than four (4) children under the age of two (2), including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered with the Virginia Department of Social Services. ... 19.Family day homes.
Full Breakdown
Section 26-6 of the Zoning Ordinance defines a 'family day home' as a child day program offered in the provider's residence, or the home of any child in care, for one through four children under age 13, not counting the provider's own children or children who already live in the home, when at least one child receives care for compensation. No family day home may care for more than four children under age two, including the provider's own, unless the home is licensed or has voluntarily registered with the Virginia Department of Social Services.
That distinguishes the family day home from a 'day nursery,' the code's term (Section 26-6) for a larger in-home program serving five to twelve children, treated as a different, more heavily regulated use. 3(13) lists them for the HV Historic Village District covering Hanover Courthouse, Beaverdam and Montpelier; the same 'Family day homes' line item repeats across the county's other residential districts. 5(c)(4) in HV before it can open. The Zoning Administrator in the Planning Department enforces the accessory-use limits; a home that exceeds the caps without VDSS licensing or registration is operating outside the 'family day home' definition and is subject to zoning enforcement.
Violations & Fines
Exceeding the family day home caps, more than four children under 13, or more than four under age two without VDSS licensing or voluntary registration, without first obtaining a special exception as a day nursery, is a Zoning Ordinance violation under Section 26-347. The Zoning Administrator can issue a civil ticket carrying a $200 fine for the first summons and $500 for each later one, up to $5,000, under Section 26-348; beyond that cap the case becomes a misdemeanor under Section 26-349, fined $10 to $1,000.
Frequently Asked Questions
Do I need a permit to run a home daycare in Hanover County?
How many children can I care for without extra licensing?
What if I want to care for more than four children?
What happens if my home daycare exceeds the zoning limits?
Sources & Official References
Other rules in Hanover County
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