Montgomery County, VA Home Business: Home Daycare (2026)
Key Facts
- Special use permit trigger
- More than 9 children (or 4 dependent adults)
- Permit authority
- Board of Supervisors
- Governing sections
- § 10-21 (use), § 10-61 (definition)
- Below threshold
- Not defined as 'day care center' use
- District example
- A-1 Agricultural District
Summary
A commercial day care operation in Montgomery County's A-1 district needs board-of-supervisors approval of a special use permit, but that permit requirement only kicks in once the operation is licensed as a 'day care center,' defined as caring for more than nine children for compensation.
Uses permissible by special use permit. The following uses may be permitted by the board of supervisors as special uses, subject to the requirements of this chapter and all other applicable regulations: ... Day care center. ... Day care center (child or adult): A licensed establishment operated as a commercial enterprise or public facility which is operated only during a part of any twenty-four-hour day for the purpose of providing care, protection and supervision for compensation to more than nine (9) children or more than four (4) aged, infirm, or disabled adults who mainly reside elsewhere.
Full Breakdown
Section 10-21 lists 'day care center' among the A-1 Agricultural District's special-use-permit uses, meaning the board of supervisors has to approve it after review, unlike the district's by-right uses. Section 10-61's definitions article draws the line that triggers that permit: a 'day care center (child or adult)' is a licensed establishment operated as a commercial enterprise or public facility, open only part of a 24-hour day, providing care, protection and supervision for compensation to more than nine children, or more than four aged, infirm or disabled adults who mainly reside elsewhere.
Because the definition is keyed to headcount, a smaller in-home childcare arrangement caring for nine or fewer children does not meet the 'day care center' definition and is not swept into this special-use-permit requirement by its terms; anyone running a larger operation crossing that nine-child threshold, however, needs the board's approval before opening, on top of any Virginia Department of Social Services licensing that applies separately to the childcare business itself.
Violations & Fines
Operating a day care center that meets the more-than-nine-children threshold without the required special use permit is enforced under section 10-52: the zoning administrator serves a written notice of violation, allowing up to 30 days to correct (longer if structural changes are needed), followed by a second notice giving 7 more days, then prosecution as a Class 2 misdemeanor carrying up to $1,000 per offense, rising to $1,500 and $2,000 for each further 10-day period the violation continues. A civil track is also available: $200 for the first summons and $500 for each additional summons from the same facts, capped at $5,000.
Frequently Asked Questions
Does a home daycare in Montgomery County need a special use permit?
How many children can I care for at home without a zoning permit?
Who approves a day care center special use permit in the county?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Virginia home business overview
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