Woodbury, MN Home Business: Home Daycare (2026)
Key Facts
- 12 or fewer children
- Permitted accessory use, no CUP needed
- 13 to 16 children
- Conditional use permit required
- Over 16 children (R-4)
- Only along collector/arterial street
- Inspection fee
- $50 residential daycare/foster care inspection
- Applies in
- R-1, R-2 and R-4 districts
Summary
Woodbury allows a licensed home-based daycare serving 12 or fewer children as a permitted accessory use in every residential zoning district, no special city approval needed beyond the state license. Serving 13 to 16 children requires a conditional use permit, and a residential daycare fire-safety inspection carries a $50 fee.
(c)Permitted accessory uses. Permitted accessory uses are as follows: ... Daycare, home-based and licensed, serving 12 or fewer persons. ... (d)Conditional uses. Conditional uses are as follows: ... Daycare, accessory to a place of worship or school. Daycare, home-based and licensed, serving from 13 to 16 persons. Daycare, licensed, serving more than 16 persons along a collector or arterial street.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 48).
Full Breakdown
Woodbury treats home-based daycare as an accessory use tied directly to household size under its zoning district standards. In the R-1 urban reserve, R-2 single-family estate and R-4 urban residential districts, sections 24-132(c), 24-133(c) and 24-134(c) each list "daycare, home-based and licensed, serving 12 or fewer persons" among the permitted accessory uses, meaning a licensed provider can operate in a house in any of these zones without a conditional use permit, subject only to state day-care licensing. Once enrollment rises to between 13 and 16 persons, sections 24-132(d), 24-133(d) and 24-134(d) reclassify the same use as a conditional use, requiring the operator to apply to the city for a conditional use permit, which goes through planning commission review and a city council decision and can carry conditions on parking, hours or outdoor play areas.
In the R-4 district, section 24-134(d) adds two further categories: daycare accessory to a place of worship or school, and licensed daycare serving more than 16 persons, which is allowed only along a collector or arterial street given the higher traffic it generates. Separately, the city's fee schedule sets a $50 charge for a residential daycare and foster care inspection, covering the fire and life-safety check that accompanies state licensing. A home-based provider who exceeds 12 children without first obtaining the conditional use permit is operating in violation of the zoning ordinance even if the state license itself is valid.
Violations & Fines
Operating a home daycare for 13 or more children without the required conditional use permit is a zoning violation, separate from any state licensing requirement. The zoning administrator can issue a stop-use order, and the city council can revoke a granted conditional use permit found to violate its conditions. Skipping the $50 residential daycare and foster care inspection exposes the operator to a fire code enforcement action as well.
Frequently Asked Questions
Do I need a permit to run a home daycare in Woodbury?
How many kids can a licensed home daycare in Woodbury serve without extra city approval?
Is there a fee for a home daycare inspection in Woodbury?
Sources & Official References
Other rules in Woodbury
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