Stafford County, VA Home Business: Home Daycare (2026)
Key Facts
- Small day care home
- 5 or fewer children, by-right accessory use
- Group day care home
- 6-11 children, subject to § 28-39(g)
- Neighbor notice
- Mailed to all abutting owners
- Objection window
- 30 days before permit can issue
- Appeal path
- Board of Zoning Appeals, applicant pays ad costs
Summary
Stafford County treats care for five or fewer children as a "small" family day care home, a by-right accessory use, while care for six to eleven children is a "group" family day care home under Zoning Ordinance § 28-25. A group home needs a certificate of occupancy under § 28-39(g), with written notice to abutting owners and a 30-day objection window before the zoning administrator can issue it.
Family day care home, group. A residence where child care is provided for more than five (5), but fewer than twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family and which is subject to state licensing on a paid basis. ... (g)Special provisions applicable to group family day care homes.(1)A certificate of occupancy shall be obtained in accordance with section 28-184 prior to operation of a group family day care home. ... (3)Upon receipt of an application for a certificate of occupancy for a group family day care home, the zoning administrator shall provide written notice to owners of all abutting properties of such application. If the zoning administrator receives no written objection from a person so notified within thirty (30) days of the notification and determines that the group family day care home complies with the provisions of this chapter, the zoning administrator may issue the permit.
Full Breakdown
Section 28-25 splits home-based child care into two categories. A "small" family day care home serves five or fewer children under 13, not counting the provider's own children, as an accessory use of the residence. A "group" family day care home serves more than five but fewer than twelve children under 13, again excluding the provider's own children, and is subject to state licensing on a paid basis. Group homes carry extra process under § 28-39(g): the operator must obtain a certificate of occupancy under § 28-184 before opening, and must show proof of compliance with all applicable regulations.
When an application for that certificate is filed, the zoning administrator must mail written notice to every abutting property owner; if no written objection arrives within 30 days and the administrator finds the home complies with the zoning ordinance, the certificate may be issued. 2-2204, with the applicant paying the hearing's advertising costs. 1 under § 28-35 lists "group family day care home" as a use requiring the § 28-39(g) process across the county's residential districts, while a "small family day care" runs as a by-right accessory use without that neighbor-notice step.
Violations & Fines
Operating a group family day care home without the certificate of occupancy required under § 28-39(g), or without the abutting-owner notice and 30-day objection period being satisfied, is a zoning violation under § 28-311, with each day of operation a separate offense. The zoning administrator may issue a civil summons carrying a $100 fine for a first offense and $150 for later offenses, capped at $3,000 for violations from the same set of facts, under § 28-314(d).
Frequently Asked Questions
Can I run a home daycare in Stafford County without a permit?
What extra steps apply to a larger home daycare?
What if my group day care certificate is denied?
Sources & Official References
Other rules in Stafford County
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