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Worcester County, MD Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Day-care home
Up to eight children under sixteen; caregiver lives there
Large day-care home
Nine to twelve children under sixteen; caregiver lives there
Outside employees
Maximum of two who do not reside on the premises
Exempt from
Six-hundred-square-foot limit and off-street parking requirements
Large home districts
A-1, A-2 Agricultural and E-1 Estate
Penalty
Civil infraction under § ZS 1-120(b)(1)

Summary

In unincorporated Worcester County, Maryland, a day-care home with up to eight children is a home occupation that escapes the six-hundred-square-foot floor area limit and every off-street parking requirement. A large day-care home with nine to twelve children gets the same treatment in the A-1, A-2 and E-1 districts, under § ZS 1-339(a).

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

(2) All persons engaged in such occupation, except for one outside employee, shall reside on the premises. Day-care homes and large day-care homes as defined in § ZS 1-103(b) hereof may have a maximum of two outside employees who do not reside on the premises. ... (8) The operation of a day-care home shall be considered a home occupation and shall not be subject to the six-hundred-square-foot gross floor area limitation as specified in this section or to any off-street parking requirements. (9) The operation of a large day-care home as defined in § ZS 1-103(b) hereof shall be considered a home occupation in the A-1 and A-2 Agricultural Districts and in the E-1 Estate District and shall not be subject to the six-hundred-square-foot gross floor area limitation as specified in Subsection (a)(1) hereof nor to any off-street parking requirements.

Full Breakdown

Worcester County, Maryland handles family child care through its home occupation section, § ZS 1-339, which applies in unincorporated Worcester County. Ocean City, Berlin, Snow Hill and Pocomoke City have their own zoning codes. The County Code defines a day-care home as a dwelling unit or manufactured or mobile home in which daytime adult supervision is provided for up to eight children, not members of the caregiver's family, under the age of sixteen, and in which the caregiver regularly resides. A large day-care home is the same kind of dwelling with nine to twelve such children. Both definitions sit in § ZS 1-103.

Subsection (a)(8) says the operation of a day-care home is a home occupation and is not subject to the six-hundred-square-foot gross floor area limitation in the section or to any off-street parking requirements. Subsection (a)(9) gives a large day-care home the same exemptions, but it names only three districts where the use counts as a home occupation: the A-1 and A-2 Agricultural Districts and the E-1 Estate District.

Staffing has its own rule. Under (a)(2), everyone engaged in a home occupation must reside on the premises except for one outside employee. Day-care homes and large day-care homes can have a maximum of two outside employees who do not reside on the premises. That change was added by Bill No. 14-1, amended 2-18-2014.

The exemptions are specific. The text frees day-care homes from the six-hundred-square-foot limit and from off-street parking, and it does not waive the rest of the home occupation list. Because subsection (a) binds all home occupations, the other standards still read on their face: no visible change in the outside appearance of the building or premises except for one sign under § ZS 1-324, no noise, vibration, glare, light trespass, fumes, odors or electrical interference objectionable to neighboring uses, and no substantial vehicular or pedestrian traffic.

A day-care center is a separate use. The code defines it apart from a day-care home, and the district regulations give day-care centers their own minimum lot requirements.

Violations & Fines

Unless the Article specifies otherwise, a violation of the zoning title is a civil infraction under § ZS 1-120(b)(1). The owner or tenant of the dwelling and any other person who commits, participates in or maintains the violation can each be found guilty of a separate offense. The court orders correction where reasonable, and the County can withhold or revoke a permit, special exception or approval.

Frequently Asked Questions

How many children can a home day-care have in unincorporated Worcester County?
A day-care home serves up to eight children not members of the caregiver's family and under sixteen. A large day-care home serves nine to twelve. In both cases the caregiver must regularly reside in the dwelling unit or manufactured or mobile home, under the definitions in § ZS 1-103.
Does a home day-care need off-street parking?
No. Section ZS 1-339(a)(8) states that the operation of a day-care home is a home occupation that is not subject to any off-street parking requirements, and (a)(9) says the same for a large day-care home in the districts it names. Other home occupations must provide parking under § ZS 1-320.
Where can a large day-care home operate as a home occupation?
Subsection (a)(9) names the A-1 and A-2 Agricultural Districts and the E-1 Estate District. The text names only those three districts. Questions about any other district go to the Department of Development Review and Permitting, which handles zoning interpretation and complaints in unincorporated Worcester County.
How many employees can a day-care home have?
Under § ZS 1-339(a)(2), a day-care home or large day-care home can have a maximum of two outside employees who do not reside on the premises. An ordinary home occupation is limited to one outside employee, and every other person working in it must live on the premises.

Sources & Official References

Other rules in Worcester County

All Worcester County rules

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