Guilford County, NC Home Business: Home Daycare (2026)
Key Facts
- Governing section
- Guilford County UDO Subsec. 5.7.C
- Child day care cap
- 12 attendees (G.S. 110-86)
- Adult day care cap
- 16 attendees before commercial review
- Owner-occupancy
- Operator must reside in the home
- Programs per address
- One program per 24-hour period
Summary
A home-based child day care in unincorporated Guilford County may serve up to 12 attendees, including after-school children, under UDO Subsec. 5.7.C, and the operator must live in the home. An in-home adult day care is capped at 16 attendees and triggers commercial-level review. Only one program may run at the location in any 24-hour period.
C. DAYCARE CENTERS (IN RESIDENCE) (WHERE REQUIRED: ALL DISTRICTS)
1. Maximum Number of Attendees for a Day Care:
a. A Child Day Care home with twelve (12) or fewer attendees, including after school attendees (see G.S. Section 110-86).
b. An Adult Day Care with a maximum of sixteen (16) attendees are subject to commercial review per the Adult Day Care and Day Services Standards for Certification.
2. Operator of the Day Care center shall reside in the facility.
3. Open Space and Recreation: Play space and open space requirements for a Child Daycare shall be provided in accordance with the regulations of the North Carolina Department of Health and Human Services (DHHS), Child Development Division.
5. No more than one (1) program, including after school care, may be operated at the same location during a twenty-four-hour period.
Full Breakdown
UDO Subsec. 5.7.C, 'Daycare Centers (In Residence),' is allowed in every zoning district in unincorporated Guilford County and sets the standard for a child or adult day care run out of a residence. A Child Day Care Home may serve up to 12 attendees, a cap the county ties directly to G.S. 110-86's definition, and that limit includes any children in after-school care as well as regular daytime attendees. An Adult Day Care operating in a residence tops out at 16 attendees, and crossing that threshold shifts the use into commercial review under the state's Adult Day Care and Day Services Standards for Certification rather than the in-residence standard.
The section requires that the operator of the day care actually reside in the facility, tying the licensed use to owner-occupancy rather than allowing an absentee operator to run the program from a rented house. Outdoor play and open space must meet the standards of the NC Department of Health and Human Services, Child Development Division, and any security fencing or barrier around an outdoor activity area must comply with both DHHS rules and the UDO's general fencing standards in Subsec. 6, and must sit outside the required street setback. Only one program, counting after-school care as part of that limit, may operate at the same address during a 24-hour period. The UDO's commentary directs applicants to coordinate with NC DHHS along with the county's Planning and Development, Fire Marshal, Health, Plan Review and Inspections, and Social Services departments before opening.
Violations & Fines
Exceeding the 12-attendee cap for a Child Day Care Home, running the program without the operator living on site, operating a second program at the same address within a 24-hour period, or skipping the required DHHS-standard outdoor play and fencing are zoning violations Guilford County Planning and Development can enforce with a notice of violation, and a use that outgrows the in-residence limits must convert to commercial day care review and permitting.
Frequently Asked Questions
How many children can I care for in a home daycare in Guilford County?
Do I have to live in the house where I run the daycare?
What if I want to care for more than 16 adults?
Can I run both a daytime program and an after-school program at the same house?
Sources & Official References
Other rules in Guilford County
Compare Guilford County to another location·View the North Carolina home business overview
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