View Full Version : Homecare- doesn't that make your home commercial?
02-23-2008, 10:38 AM
I have just begun to do some research on opening a home daycare in my home. If you have a daycare or any other business in your home, wouldn't your house now be considered "commericial property"? Wouldn't the neighbors have the right to shut you down if you are a residential home- you are bringing extra traffic and noise? Anyone know the facts on this?
02-23-2008, 10:51 AM
That is an interesting question. I think that it is similar to babysitting but also is a business. It may depend on your state. I would imagine the state allows for childcare in neighborhoods as it is a much needed family service.
02-23-2008, 11:00 AM
Some states require a - Zoning Approval for Home Occupation Certificate - Family Day Care
Virginia says this:
To apply for zoning approval to operate a family day care business in the home:
No fee is required for zoning approval.
A $62.88 fee is paid at the time of initial application (required by Public Works/Building Development) for the occupancy permit.
Renewal applications for the same location do not require a new occupancy permit. If the business is transferred to a new location, a new occupancy permit must be obtained, with a new $62.88 fee.
Initial application must be made in person (faxes or applications sent by mail are not accepted). Renewals may be sent by mail (with all required supporting documents as noted below) if the use remains at the same address and no changes have been made.
Family Day Care businesses are subject to the provisions of Sec. 32-300.02 (15) of the Prince William County Zoning Ordinance (conditions/restrictions are also listed on the HOC2 application form).
One outside employee (CPR certified) is allowed (contact Social Services at 703-792-7500 for age-limit restrictions).
The applicant is responsible for renewing the Family Home Day Care zoning approval annually.
The maximum number of children allowed does not include the applicant’s own children.
03-21-2008, 02:22 AM
I live in Virginia. A zoning permit is required in the county I live in. Each property adjacent to mine, and within 100 feet of my driveway was given a written statement by myself and the county as my intentions to run a child care business from my home. Each resident, was then allowed to come to an OPEN forum to ask questions, or dispute my business. After it passed the Planning Commision phase, it went to the Board of Supervisors. They then determined that I had adequate space, parking, that EMS could reach us, water, etc. I have restricitons on the business use of my home, such as, the home must remain a home, and that I cannot add on to the property for the business use. When I sell my home, the zoning permit, cannot run with the land. I also am not allowed to advertise my home from my property, no business signs, etc. It is very easy to live with, and I feel this is necessary. I treat my neighbors with respect, and I understand their concerns. Families enrolled in my child care have to read and sign a policy that includes a "neighbors rights to peace" statement. My neighbors can also come to me personally if they are having a problem, and parents realize that they can be terminated for violating policy.
01-28-2009, 07:05 PM
My husband and I recently built a 1000 square foot guest house on our 6 acre property. The house is completly seperate from our house. It has seperate phone, septic, and electric utilities. Can this house be used as a daycare facility.
01-30-2009, 01:50 PM
This issue varies from state to state..
AND from town to town.
I began my REGISTERED daycare in 1994.
Six years later I was contacted by my city stating that I was running an ILLEGAL daycare in a residential neighborhood, and that I must apply for a SPECIFIC USE PERMIT.
There was a $75 application fee...all of my neighbors were notified by mail, and invited to the public planning and zoning meeting to speak for or against.
I had both.
Interestingly enough..the mayor's grand daughter attended my daycare, as well as the City Manager's children, and the assistant to the City attorney.
I did recieve my SUP.
Many years later, after selling my own home, I attempted to get an SUP for my daycare, which I had moved in to my mother-in-law's home.
She is a widow...lives in a large spacious home..
One specific neighbor launched an all out crusade to run me out ..
She literally went DOOR TO DOOR.
Suffice it to say...
they denied my application.
I was forced to move my daycare out, after only 3 months.
The interesting twist to the story was, there were 3 very reputable LICENSED homes within a 7 block radius of her home.
My daycare is now inside my husband's furniture store.
15,000 sq ft building.
We have a private apartment, inside.
I worked side by side with my child care licensing rep, as well as the city fire marshall, to meet all requirements.
Even though this is a commercial building and business, because it IS our home, I am a LICENSED home provider.
It's really wonderful.
We live here.
My husband runs his furniture business, and I have a seperate portion of the building for my daycare, with a private entrance, play ground, etc.
It was truly a blessing that the neighbor ran me out of the neighborhood!!!
Oh, and the application fee.
In 1998 it was $75.
In 2007 it was $500.
But, since my daycare is now inside a commercially zoned building, I am not required to have the specific use permit.
02-04-2009, 10:23 AM
The zoning question may be controlled at a lower level of government than the state. Often counties and cities have their own zoning and regulations regarding a business run out of the home. Check with your local government planning department.
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