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Salem, OR Home Business: Home Daycare (2026)

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

Key Facts

Governing sections
SRC § 400.070(a), § 510.005/511.005 Table 1
Child day care home cap
16 children, per SRC 111.001
Adult day care home cap
5 adults or fewer
Zoning status
Permitted (P) use in RA and RS zones
Day care centers
Conditional use (C), not permitted by right
Exempt
Babysitting or care by a relative

Summary

A state-registered child day care home caring for up to 16 children, or an adult day care home for five or fewer adults, is a permitted use in Salem's residential zones under SRC 510.005 and 511.005, Table 1. Day care centers, by contrast, need a conditional use permit in those same zones.

(a)Day care.(1)Characteristics. Day care is characterized by the day or evening care or supervision of children and/or adults who need care, supervision, or assistance outside of the individual's home or that of a family member. Educational services may or may not be included. A fee is generally charged for services. Individuals supervised come to the site, but do not stay overnight.(2)Examples. Adult day care centers; adult day care homes; child day care centers; child day care homes; nursery schools; preschools; registered head start programs.(3)Exceptions.(A)Babysitting, and care given by an individual's parents, guardians, or relatives, are considered accessory to household living.

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 26 Update 1).

Full Breakdown

070(a) defines 'day care' as day or evening care or supervision of children or adults outside their own home, and lists child day care homes and adult day care homes among the examples, alongside centers, nursery schools, and preschools; it specifically excepts babysitting and care given by a child's own parent, guardian, or relative, which counts as accessory to household living and needs no zoning approval at all. 280 that provides child care in a dwelling unit to not more than 16 children; an 'adult day care home' serves five or fewer adults in the provider's home.

005 lists child and adult day care homes as a permitted (P) use, while child and adult day care centers are conditional (C) and all other day care is not allowed (N). 005 uses the identical P/C/N breakdown, so a licensed in-home operation doesn't need a conditional use hearing the way a stand-alone day care center does. Because the home-based use still has to stay within a dwelling unit and the 16-child state cap, exceeding that number, or running the operation from a separate accessory structure functioning as a stand-alone center, would push the use out of the 'home' classification and into the conditional-use 'center' category instead.

Violations & Fines

Running a day care center, rather than a registered home, in a residential zone without securing the required SRC 510.005/511.005 conditional use approval is a UDC violation subject to code enforcement under SRC 110.065 and 110.070. Submitting false information on a conditional use or interpretation application is a misdemeanor under SRC 110.155, and no use may lawfully operate until every required permit, license, or land use approval has been secured.

Frequently Asked Questions

Can I run a licensed home day care in a Salem single-family neighborhood?
Yes. SRC 511.005, Table 511-1, lists a child day care home (up to 16 children, state-registered under ORS 329A.330) or an adult day care home (five or fewer adults) as a permitted use in the RS single-family zone, no conditional use hearing required, unlike a stand-alone day care center.
How many kids can I legally care for in my Salem home without extra zoning approval?
Up to 16 children. SRC 111.001 defines a 'child day care home' as a facility registered under ORS 329A.330 or certified under ORS 329A.280 that provides care in a dwelling unit to not more than 16 children; that's the cap tied to the zoning code's permitted-use classification.
Do I need a permit to babysit my grandkids or a neighbor's kids occasionally in Salem?
No. SRC 400.070(a)(3)(A) exempts babysitting and care provided by a child's own parents, guardians, or relatives, treating it as accessory to household living rather than a regulated 'day care' use, so it needs no zoning approval or state day care registration under the UDC.

Sources & Official References

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