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Chesterfield County, VA Home Business: Home Daycare (2026)

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

Key Facts

Up to 4 children
Residential use, no zoning approval
5 to 12 children
Conditional use required
Conditional use fee
About $300
State licensing
Required for 5 to 12 children
Governing law
Virginia Code Section 15.2-2292

Summary

Caring for up to four children (plus your own) is treated as residential use and needs no zoning approval. Caring for five to twelve children requires a conditional use in Chesterfield (about a $300 application) and state licensure.

These county ordinances apply to unincorporated areas of Chesterfield County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Zoning ordinances for all purposes shall consider home-based child care as defined in Section 22.1-289.02, serving one through four children, exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family.

Full Breakdown

Virginia Code Section 15.2-2292 requires zoning ordinances to treat home-based child care serving one through four children, excluding the provider's own children and resident children, as residential occupancy by a single family, with no conditions more restrictive than for any residence. Chesterfield follows this: caring for up to four children needs no zoning approval. Caring for five to twelve children requires a conditional use permit (application fee around $300) and state licensure through Virginia's child care licensing (childcare.virginia.gov). A home caring for more than four children under age two, including the provider's own, must also be licensed or voluntarily registered.

Violations & Fines

Operating a five-to-twelve-child family day home without the required conditional use or state license is a zoning and licensing violation subject to enforcement.

Frequently Asked Questions

How many children can I watch without zoning approval?
Up to four children, excluding your own and any children who reside in the home. That level must be treated as ordinary residential occupancy.
What do I need to care for more than four children?
Caring for five to twelve children requires a Chesterfield conditional use permit and state licensure through Virginia's child care licensing program.

Sources & Official References

Other rules in Chesterfield County

All Chesterfield County rules

Compare Chesterfield County to another location·View the Virginia home business overview

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