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Woodbury, MN Home Business: Home Daycare (2026)

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

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 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?
Not if you serve 12 or fewer children. Section 24-134(c) (and the matching R-1 and R-2 sections) lists a licensed home-based daycare of that size as a permitted accessory use, so it is allowed by right alongside the required state license. Serving 13 to 16 children requires a conditional use permit.
How many kids can a licensed home daycare in Woodbury serve without extra city approval?
Up to 12. Sections 24-132(c), 24-133(c) and 24-134(c) each cap the by-right, permitted-accessory-use tier at 12 or fewer persons in every residential district. At 13, the use shifts into the conditional-use category under 24-132(d), 24-133(d) and 24-134(d), triggering planning commission and council review.
Is there a fee for a home daycare inspection in Woodbury?
Yes. The city's fee schedule sets a $50 charge for a residential daycare and foster care inspection, which covers the fire and life-safety review conducted alongside state day-care licensing at the home, in addition to any state licensing fees paid separately.

Sources & Official References

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