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Davidson County, NC Home Business: Home Daycare (2026)

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

Key Facts

Small daycare threshold
3 to 5 children, non-family provider
Large daycare threshold
5+ children or up to 15 school-age
Small daycare zoning status
Permitted by right in residential districts
Large daycare approval
Board of Adjustment special use permit
Staff cap (large)
No more than 3 staff members
Governing provision
Zoning Ordinance Art. V(I), amended 12-1-97

Summary

In unincorporated Davidson County, a small home daycare caring for fewer than six children under 13 for a non-family provider is a permitted by-right use in the county's residential districts. A larger operation, Day Care Home (Large), needs a special use permit from the Board of Adjustment under Article V(I) of the county Zoning Ordinance, which caps staff and requires a fenced play area.

These county ordinances apply to unincorporated areas of Davidson County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. The daycare occupation shall be that of the landowner, must be owned and operated by the landowner, and landowner must reside in subject home. B. No more than three (3) staff members. C. Play area to be fenced. D. Compliance with the following Staff-to-Child ratios.

Full Breakdown

Davidson County's Zoning Ordinance defines two tiers of in-home care in Article IX. A Day Care Home is any non-family arrangement providing care at least once a week for more than four hours to more than two and fewer than six children under 13; that tier appears in the county's Table of Permitted Uses as an outright permitted use across the county's residential and mixed-residential zoning districts, no Board hearing required. Day Care Home, Large is defined as five or more children under 13, or up to 15 school-age children, cared for on the same regular basis, and the Table of Permitted Uses marks it as a special use requiring Board of Adjustment approval.

Article V(I), last amended December 1, 1997, lists the districts where a large home daycare can be approved: RS, RA-1, RA-2, RA-3, RM-1, RM-2, Office/Institutional, MX-R and MX-C. Approval carries four standards. The operation must be owned and operated by the landowner, who must live in the home; no more than three staff members are allowed; the play area must be fenced; and the operator must meet a staff-to-child ratio table running from five infants under 12 months per one staff member down to fifteen school-age children per one staff member.

Applicants must also submit a site plan showing parking, the play area and the driveway entrance, plus certification that all North Carolina licensing requirements for the facility can be met before the Board of Adjustment will act.

Violations & Fines

Operating a Day Care Home, Large without the required Board of Adjustment special use permit, or in a district the ordinance does not list as permitted or special use, is a zoning violation under Article VIII. The Zoning Administrator issues a Notice of Violation under Section 8.02, and an uncorrected violation draws a civil penalty starting at $25 for the first offense and rising to $200 under Section 8.05(A), with each additional day counted as a separate violation.

Frequently Asked Questions

Can I run a small daycare from my Davidson County home without a permit?
Yes. The Zoning Ordinance's Table of Permitted Uses marks Day Care Home, defined as caring for three to five children under 13 for a non-family provider, as an outright permitted use in the county's residential and mixed-residential districts, so no special use hearing is required.
When does a home daycare need Board of Adjustment approval?
Once it meets the Article IX definition of Day Care Home, Large, caring for five or more children under 13 or up to 15 school-age children, it needs a special use permit under Article V(I), limited to the landowner's own home, three staff members and a fenced play area.
What districts allow a large home daycare in unincorporated Davidson County?
Article V(I) lists RS, RA-1, RA-2, RA-3, RM-1, RM-2, Office/Institutional, MX-R and MX-C as the districts where the Board of Adjustment can approve a Day Care Home, Large special use permit. Districts not on that list, such as the county's commercial and industrial zones, cannot host one regardless of Board approval.

Sources & Official References

Other rules in Davidson County

All Davidson County rules

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