Sussex County, DE Home Business: Home Daycare (2026)
Key Facts
- Child cap
- one to six children, excluding relatives
- Shift-change buffer
- up to 2 extra children, max 2 hours
- State license required
- Dept. of Services for Children, Youth & Families
- Zoning category
- listed as a home occupation, § 115-4(1)(f)
- Penalty
- up to $100 fine per day if unlicensed/over cap
Summary
Sussex County zones a family day-care home as a home occupation for one to six children, excluding relatives, and requires state licensing through the Department of Services for Children, Youth and Their Families before it can operate on a residential lot.
FAMILY DAY-CARE HOME A home occupation providing care, protection, supervision and guidance in private homes for one to six children, excluding care provided by relatives. Service is provided for part of the twenty-four-hour day, unattended by parent or guardian, and for compensation. Due to a change in shifts or because of before- and after-school care, the number of children in care may exceed the licensed capacity by two children for a period of time not to exceed two hours in any child care day. These facilities are required by state law to be licensed by the State Department of Services for Children, Youth and Their Families.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).
Full Breakdown
' The definition builds in a narrow shift-change buffer: because of a change in shifts or before- and after-school care, the number of children may exceed the licensed capacity by two children, but only for a period not exceeding two hours in any child-care day. The code makes clear the facility is 'required by state law to be licensed by the State Department of Services for Children, Youth and Their Families,' tying the zoning permission directly to that state license rather than a separate county permit.
Because a family day-care home is itself listed as one of the qualifying uses under the HOME OCCUPATION definition in Section 115-4(1)(f), it inherits every condition that applies to home occupations generally: it must be run by household family members, stay incidental to the dwelling, and avoid the outside storage, display or group-assembly restrictions that apply to the broader category. That linkage means a day-care home is treated the same as any other permitted accessory use in AR-1, AR-2 and other residential districts, subject to the same parking oversight by the Director under Section 115-163J.
Violations & Fines
Operating a family day-care home without the required state license, or exceeding the six-child cap outside the two-hour shift-change allowance, takes the use outside the Section 115-4 definition and exposes the property to the general Chapter 115 penalty in Section 115-229: a misdemeanor fine of up to $100, with each day of the violation counted separately.
Frequently Asked Questions
How many children can a Sussex County family day-care home watch?
Does the county issue its own day-care license?
Is a family day-care home allowed in a residential zoning district by right?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.