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Roanoke, VA Home Business: Home Daycare (2026)

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

Key Facts

Day care home, child
1-4 children, permitted by right
Family day home
5-12 children, permitted by right
Applicable districts
All residential and multi-purpose districts
Supplemental standards
None listed for home-based care
Larger day care centers
Trigger § 36.2-408 standards instead

Summary

Roanoke lets residents run a home-based daycare by right in every zoning district, no special exception needed. A 'day care home, child' can serve up to four unrelated children under thirteen, and a larger 'family day home' can serve five to twelve, both permitted uses under the residential and multi-purpose district use tables in Sections 36.2-311 and 36.2-315.

Day care home, Child: A child day program offered in the residence of the provider, serving one (1) through four (4) children at any one (1) time, exclusive of any children related to the provider by blood, marriage, or adoption. A child day program means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person has agreed to assume responsibility for the supervision, protection, and well-being of children under the age of thirteen (13) for less than a twenty-four-hour period. ... Family day home: a child day program offered in the residence of the provider or the home of any of the children in care for five (5) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation.

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 94 Update 1).

Full Breakdown

' Appendix A defines a 'day care home, child' as a child day program offered in the provider's residence for one through four unrelated children under age thirteen, and a 'family day home' as the same arrangement scaled up to five through twelve children under thirteen, exclusive of the provider's own children, when at least one child receives care for compensation. 2-315, covering MX, CN, CG, CLS, D, IN, UF, and UC. Neither row carries a supplemental regulation citation, meaning the zoning code imposes no floor-area, parking, or capacity standard beyond the one-through-four or five-through-twelve child caps built into the definitions themselves.

2-413: because day care homes and family day homes are their own permitted use category, providers are not bound by those home occupation limits. 2-408 and is not automatically permitted in every district. Providers still need whatever license the Commonwealth requires through the Virginia Department of Social Services; the city's zoning classification only controls where the use may locate.

Violations & Fines

Operating a home daycare beyond the family day home's twelve-child ceiling, or otherwise outside the standards tied to its zoning classification, is enforced under Section 36.2-571. The Zoning Administrator can order corrective action, and unresolved violations are prosecuted as a misdemeanor under Virginia Code Section 15.2-2286.A.5, with each day of noncompliance a separate offense.

Frequently Asked Questions

How many children can I watch in my Roanoke home without a special permit?
Up to four unrelated children under thirteen as a 'day care home, child,' or five through twelve as a 'family day home.' Both are permitted by right in every residential and multiple purpose zoning district under Sections 36.2-311 and 36.2-315, with no special exception or supplemental zoning standard required.
Does Roanoke's home occupation floor-area cap apply to a home daycare?
No. Home occupations are capped at two hundred fifty square feet and one outside employee under Section 36.2-413, but day care homes and family day homes are listed as their own separate permitted use in the zoning tables, so those home occupation limits do not apply to them.
At what point does a home daycare need to comply with different standards?
Once a facility serves more than the family day home's twelve-child ceiling, it becomes a 'day care center, child' under Appendix A, which pulls in the floor-area and fenced-outdoor-play-area standards of Section 36.2-408 and is not permitted in every district the way home-based care is.

Sources & Official References

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