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Hudson, NH Home Business: Home Daycare (2026)

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

Key Facts

Permit required
ZBA special exception
Family day-care home
up to 6 children
Family group day-care home
7 to 12 children
Outdoor activity
allowed only for daycare
Customer parking cap
2 vehicles at a time
Daily fine for violations
up to $100/day

Summary

In the Town of Hudson, New Hampshire, a home daycare is regulated as a home occupation and needs a special exception from the Zoning Board of Adjustment before it can operate. Hudson's Zoning Ordinance defines a Family Day-Care Home as caring for up to six children and a Family Group Day-Care Home as seven to 12, and it is the only home occupation the code lets use outdoor space.

FAMILY DAY-CARE HOME An occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for up to six children from one or more unrelated families. The six children shall include any foster children residing in the home and all children who are related to the caregiver except children who are 10 years of age or older. ... ... D. With the exception of day-care businesses, which are allowed to have outdoor activity, the home occupation business shall be carried out within the residence and/or within a structure accessory to the residence, such as a garage.

Full Breakdown

Section 334-24 of the Hudson Zoning Ordinance treats a home daycare as a home occupation, and any home occupation that provides a service on-site, which includes childcare, is permitted only after the Zoning Board of Adjustment grants a special exception. The Board must find the application meets every listed condition before approving it: the daycare has to stay secondary to the home's use as a residence, it can only be run by residents who actually live in the dwelling (renters need the owner's signed affidavit), it cannot use non-resident employees unless they also live on the premises, and it cannot occupy more than 50% of the finished living space.

Section 334-24D singles out daycare as the one home occupation allowed to run outdoor activity; every other home occupation must stay entirely inside the residence or an accessory structure such as a garage. The Zoning Ordinance's definitions section, § 334-6, splits licensed home daycare into two tiers: a Family Day-Care Home serves up to six children, not counting the caregiver's own children age 10 or older, plus up to three school-age children for part of the day, while a Family Group Day-Care Home serves seven to 12 children under the same counting rules.

Customer parking for the daycare is capped at two vehicles under § 334-24L(1), and no exterior signage beyond what Article XII allows, nor any exterior display, may signal the business from the street. The Community Development Director/Zoning Administrator can revoke the special exception outright if any of these conditions lapse, and approval itself expires automatically when the property changes hands or the renter's lease ends.

Violations & Fines

Hudson enforces its zoning code, including the home-occupation and daycare provisions, under § 334-79: the Town can pursue an injunction under RSA 676:15, fines and attorney's fees under RSA 676:17, or a cease-and-desist order under RSA 676:17-a. Separately, § 181-1 sets a civil fine of up to $100 per day for any ordinance violation that continues after conviction or after written notice. The Zoning Administrator can also revoke a daycare's special exception for noncompliance under § 334-24N.

Frequently Asked Questions

Does a home daycare in Hudson need zoning approval?
Yes. Hudson's Zoning Ordinance treats an in-home daycare as a home occupation, and any home occupation offering an on-site service needs a special exception from the Zoning Board of Adjustment under § 334-24 before it can legally operate in a residence.
How many children can a Hudson home daycare care for?
Hudson's code sets two tiers. A Family Day-Care Home serves up to six children under § 334-6, while a Family Group Day-Care Home serves seven to 12 children, both counted excluding the caregiver's own children age 10 or older.
Can a Hudson home daycare use the backyard?
Yes, outdoor activity is the one exception in Hudson's home-occupation rules. Section 334-24D lets day-care businesses run outdoor activity, while every other home occupation must stay inside the residence or an accessory structure such as a garage.
How many customers or parents can park at a Hudson home daycare?
Section 334-24L(1) limits customer parking for any home occupation, including a daycare, to two vehicles at a time, and that parking must use the existing driveway rather than the front yard or a required setback.

Sources & Official References

Other rules in Hudson

All Hudson rules

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Home Daycare in Nearby Cities

How other cities in this county handle home daycare.

Nashua, NH
Few Restrictions