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Waco, TX Home Business: Home Daycare (2026)

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

Key Facts

Child cap
6 children, up to 12 with siblings
Zoning status
Treated as home occupation, not child care facility
Sign limit (R-1/R-2)
1 sq ft nonilluminated name plate
Governing sections
§§ 28-1, 28-928 of Chapter 28
Zoning penalty
Up to $2,000/day, Sec. 1-14(b)(12)

Summary

Waco's zoning code treats a small home daycare, a 'registered family home' caring for up to six children (12 counting the caretaker's own and after-school siblings), as a home occupation rather than a regulated 'child care facility.' That distinction, drawn in the Chapter 28 definitions section, exempts qualifying home daycares from the special-use permit, arterial-frontage, and driveway-spacing rules larger child care facilities must meet.

Registered family home shall mean a facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time.

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 88).

Full Breakdown

Sec. 28-1 defines 'registered family home' as a facility that regularly provides care in the caretaker's own residence for not more than six children under 14, excluding the caretaker's own children, and that may add after-school care for up to six additional elementary-age siblings, so long as the total, including the caretaker's own children, never exceeds 12 at once. The same section's definition of 'child care facility' expressly excludes a registered family home, along with a licensed group home, kindergarten, nursery school or other special school.

Because a registered family home is not a 'child care facility,' it does not trigger the special-use-permit conditions Waco imposes on child care facilities, such as Sec. 28-273(20) in the R-E district, which requires the lot to front or side onto an O, C, or M district or a collector or arterial street, a driveway no closer than 100 feet to a signalized intersection, and no other child care facility or licensed group home on the same block face. Instead, a registered family home is governed as a home occupation under Sec.

28-928, which is permitted by right in residential districts provided the activity is not visible from the street, occupancy stays within the International Residential Code limit for the dwelling, no alteration changes the building's residential character, there is no open storage, and noise stays within the Sec. 16-202 residential sound limits. Sec. 28-928(5) specifically addresses signage for registered family homes: in R-1 and R-2 districts a registered family home may post only a nonilluminated name plate of one square foot or less, the same cap applied to any home occupation, while in other residential districts sign size is instead governed by Chapter 28's Article VIII sign rules.

A caretaker who serves more than six children, or more than 12 total with siblings, moves into 'child care facility' territory and needs the special permit that applies in that district.

Violations & Fines

Operating a child care business beyond the six-child (12-with-siblings) registered-family-home threshold without qualifying for, or obtaining, the special-use permit required for a 'child care facility' is a zoning violation under Sec. 28-251. General Sec. 1-14(b)(12) penalties apply, up to $2,000, with each day of continued unpermitted operation charged as a separate offense enforceable through the municipal court.

Frequently Asked Questions

How many children can I care for in a Waco home daycare without a special permit?
Up to six children under 14, not counting your own, or up to 12 total if you add after-school care for elementary-age siblings of those children. Waco's Sec. 28-1 defines this as a 'registered family home,' which the code treats as a home occupation rather than a regulated child care facility.
Can I put up a sign for my home daycare?
Only a small one. Sec. 28-928(5) limits signage for a registered family home in an R-1 or R-2 district to a single nonilluminated name plate no larger than one square foot, the same cap that applies to any home occupation in those zones.
What happens if my home daycare grows past six children?
You leave the 'registered family home' exemption and become a 'child care facility' under Sec. 28-1, which requires a special-use permit with conditions like lot frontage on a collector or arterial street and a driveway at least 100 feet from a signalized intersection, per Sec. 28-273(20).

Sources & Official References

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