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Henrico County, VA Home Business: Home Daycare (2026)

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

Key Facts

Family day home cap
Up to 12 children
Small day home
Five or fewer children
Small in residential
By right (R)
Large (6-12)
Conditional use permit
State by-right rule
Va. Code § 15.2-2292

Summary

Henrico zoning defines a family day home as in-home care for up to 12 children. A small family day home (five or fewer children) is a by-right accessory use in residential districts; a large one (6-12 children) needs a conditional use permit. State licensing may also apply.

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

Family day home. A private dwelling where care is provided as an accessory use for up to 12 children, exclusive of the provider's own children and any children who reside in the home. A small family day home provides care for five or fewer children, and a large family day home provides care for six to 12 children.

Full Breakdown

Under Henrico's Chapter 24 zoning, a family day home is a private dwelling where care is provided as an accessory use for up to 12 children, excluding the provider's own resident children. A small family day home serves five or fewer children and a large family day home serves six to 12. The county use table permits small family day homes by right (R) in residential districts, while large family day homes require a conditional use permit (C). Virginia law (Va. Code § 15.2-2292) requires localities to treat a family day home caring for five or fewer children as a by-right residential use, which Henrico follows.

Violations & Fines

Running a large family day home without the required conditional use permit, or exceeding the 12-child cap, is a zoning violation subject to a Henrico notice of violation and civil penalties.

Frequently Asked Questions

Can I run a daycare from my home in Henrico?
Yes. A small family day home for five or fewer children is allowed by right in residential districts. A large family day home (6-12 children) requires a conditional use permit from the county.
How many children can I care for at home?
Henrico's zoning caps a family day home at 12 children, not counting your own resident children. State child-care licensing applies once you care for five or more unrelated children.

Sources & Official References

Other rules in Henrico County

All Henrico County rules

Compare Henrico County to another location·View the Virginia home business overview

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