Q: Does the operation of a family child care home in Maryland constitute residential use as opposed to commercial use?
A: These kinds of zoning questions are usually county specific. Additionally, even where a state or local law does not prohibit the operation of a home day care this does not mean that the home owners association does not have limitations in its bylaws or declarations. So you my want to check into those details as well. However, the general answer for Maryland is no. These businesses are considered a no-impact home-based business. It is a business that is consistent with the residential character of the dwelling unit. It doesn't require external modifications that would detract from the residential appearance of the dwelling unit so it typically does not violate zoning laws/requirements. People operate all kinds of small businesses within their homes, people work from home inside of home offices and this simply does not convert the space into a commercial property. It takes much more than the mere existence of a business to convert to a commercial use property. Of course their could be a scenario in which a home-based daycare could change the character of the residential home in such a way that it now converts to commercial use but this is rare in most instances.
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