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Lynchburg, VA Home Business: Home Daycare (2026)

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

Key Facts

Small family day home
fewer than 6 children/adults, state license only
Large family day home
5-12 children, needs city permit
Adult day care cap
up to 12 adults
Neighbor notice radius
200 feet, by registered/certified mail
Appeal window
30 days to Board of Zoning Appeals
Revocation grounds
code violation or nuisance finding

Summary

A Lynchburg home caring for fewer than six children or adults is a by-right "small family day home" needing only state licensure, but caring for five to 12 children, or up to 12 adults, is a "large family day home" that needs a Zoning Administrator permit with mailed notice to every neighbor within 200 feet.

Sec. 35.2-71.5. - Small family day home. Family day home, providing day care only to fewer than six children or adults exclusive of any people who reside in the home during a 24-hour period and meeting all applicable licensure requirements imposed by the Commonwealth of Virginia.

Sec. 35.2-71.6. - Large family day home. As authorized by Virginia Code § 15.2-2292(B), the Zoning Administrator may issue a permit for a Family Day Home, as defined in Virginia Code § 63.2-100 and this ordinance, serving five through 12 children, exclusive of the provider's own children and any children who reside in the home. As authorized by Virginia Code § 63.2-1733...day care may be provided for not more than 12 adults, exclusive of people who reside in the home. ( ... b)Notice. The Zoning Administrator shall send notice of the application for the proposed large family day home use by registered or certified mail to last known address of each adjacent property owner and all property owners within 200 feet of the facility.

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 10).

Full Breakdown

5 defines a small family day home as day care provided to fewer than six children or adults, not counting people who already live there, as long as the operator meets Virginia's own family day home licensure requirements; no separate zoning permit is required for that scale. 2-1733, up to 12 adults, exclusive of the provider's own family. Getting that permit requires a written application identifying the property, every occupant, the maximum number served, any staff, available facilities, parking, proposed hours, and insurance coverage. The Zoning Administrator must then mail notice to the last known address of every adjacent owner and every property owner within 200 feet, and must weigh any written objections those neighbors file before deciding.

The Administrator can approve the permit with conditions meant to mitigate effects on the surrounding area, or deny it, in which case the applicant can ask for reconsideration by City Council through a public hearing, or pursue conditional-use approval instead. Anyone aggrieved by an administrative approval can appeal to the Board of Zoning Appeals within 30 days of issuance. A permit already granted can be revoked if the provider violates the ordinance or state childcare law, or if the operation becomes a nuisance, after the Zoning Administrator gives notice and an opportunity to be heard.

Violations & Fines

Running a large family day home without the required permit, or violating its conditions, exposes the operator to the same zoning enforcement track as any other unpermitted use: a written notice of violation, then a misdemeanor fine of up to $1,000 under § 35.2-102.2, or civil penalties escalating from $200 to $500 under § 35.2-102.4. Separately, Section 35.2-71.6(i) lets the Zoning Administrator revoke an existing large family day home permit outright for noncompliance or nuisance conditions, after notice and a hearing opportunity.

Frequently Asked Questions

Do I need a permit to watch four kids in my Lynchburg home?
No. Section 35.2-71.5 treats care for fewer than six children or adults as a "small family day home" that needs only the state's own family day home licensure, with no separate zoning permit required.
What if I want to care for eight children?
That falls under the "large family day home" tier in Section 35.2-71.6, which requires a Zoning Administrator permit with a written application covering the occupants, staffing, parking, hours and insurance.
Can my neighbors object to my home daycare permit application?
Yes. Section 35.2-71.6(b) requires the Zoning Administrator to mail notice to every adjacent owner and every owner within 200 feet, and subsection (d) requires any written objections received to be considered before a decision is made.
Can the city take away my daycare permit later?
Yes. Section 35.2-71.6(i) allows the Zoning Administrator to revoke a large family day home permit if the provider violates the ordinance or state childcare law, or if the operation becomes a nuisance, after notice and a chance to be heard.

Sources & Official References

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