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Citizen Guide to Home Day Care Permits
Things to know before submitting your permit application:
Yes In-home day cares are categorized into small and large. Both require a permit and the approval process is different depending on which category your business falls into.
Type of Day Care |
Approval Required |
Process |
Inspection |
Limitations on Number of People in Care |
Small Day Care |
Building Use Permit |
Staff |
Yes |
-up to 6 children not related to the care provider (maximum of five preschool age children plus one school age child) or; -up to to three (3) adults eighteen (18) years old or older. |
Large Day Care |
Council |
Yes |
- between 7 to 12 children under the age of eighteen not related to the care provider or; -between 4 to 6 adults eighteen (18) years old or older. |
A Small In-Home Day Care is intended for the care of up to six (6) children not related to the care provider by birth, marriage, or adoption at any given time; (maximum of five preschool age children) or; up to to three (3) adults eighteen (18) years old or older. Small in-home day cares require an accessory use permit are allowed in all residential zoning districts provided that all the following provisions are met:
- Provide no less than three (3) onsite parking spaces plus one additional space if there is an employee that does not reside in the residence.
- The principal person or persons operating the day care home must reside on the premises.
- Employs no more than one (1) person who does not reside on the premises.
- No signage associated with the home occupation is allowed.
- A building inspection is required as a part of the building permit process.
- A license from NC Department of Health and Human Services may be required – See NCDHHS for current license requirements.
- Proof of property owner’s approval is required if the daycare provider is not the owner of the property.
A Large In-Home Day Care is intended for the care of seven (7) to twelve (12) children not related to the care provider by birth, marriage, or adoption at any given time; or four (4) to six (6) adults eighteen (18) years old or older. Large in-home day cares may be permitted as a Special Use in any single-family residential dwelling unit on lots which are twelve thousand (12,000) square feet or greater in size provided that all the following provisions are met:
- The home shall be reviewed and approved as a Special Use.
- No building modifications may be made to the structure to accommodate the use except those required by the Building Code.
- Provide a minimum of four (4) onsite parking spaces plus one additional space if there is an employee that does not reside in the residence.
- Provide a fenced outdoor play area as required by the General Statutes. The fence must be a solid (opaque) fence at least four (4) feet high. This requirement is not applicable for adult day care homes
- Provide a sketch of the site showing the residence, driveway and parking areas, outdoor play area, fencing, residences located on adjoining lots.
- The principal person or persons operating the day care home must reside on the premises.
- Employs no more than one (1) person who does not reside on the premises.
- A building inspection is required as a part of the special use permitting process.
- A license from NC Department of Health and Human Services may be required – See NCDHHS for current license requirements.
- All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood.
- Commercial vehicles are not permitted.
Homeowner Associations (HOA’s) have private authority to regulate the structures and uses permitted within a neighborhood. Whether or not Cary permits them in your zoning district, if your HOA prohibits home-based day care businesses, you are not allowed to have them. Or if your HOA has more stringent rules, then you must follow those rules instead. You should contact your association or Management Company for that information.
Small Home Day Care Permits are processed as building permits through the Town’s electronic application system, IDT (live link).
- Read this Citizen Guide to Small Home Day Care Permits to understand the standards and documents you will need on hand to apply.
- Link to Cary's electronic plan review portal.
- Create a user account in the electronic plan review portal.
- If you’re a first-time user, a user account will need to be created. To begin this process simply click the “Register” button located in the upper right-hand corner of the home page
- Complete application and upload documents
- To Begin the Application:
- Select “Submit a Project for Review” (yellow button located mid-page)
- For Application Category select “Building Permit”
- For Project Title enter your address and the permit use being applied for such as: “316 N. Academy- Small Home Day Care”
- Upload Documents:
- To Begin the Application:
All required documents shall be uploaded as individual PDFs and named accordingly (i.e. site layout, property owner approval, etc.)
Large Home Day Care Permits are processed through a Special Use Permit Application.
- Small Home Day Care Use Planning & Zoning Review Information Form
- Property Owner Authorization (if applicant is not property owner of record, applicant must submit signed authorization granting applicant permission to obtain a permit for a home occupation).
- Property Plan (a sketch of the lot showing the residence, location of all required parking, and outdoor play area with fencing, if applicable)
There is a building permit fee and an additional accessory use fee of $100.00. Actual fees are calculated after the review.
Yes. A building inspection is required after the building permit has been approved, issued, and paid. You will receive a Certificate of Compliance following a successful final inspection. The Certificate of Compliance should be submitted the state licensing agency.