Most states allow a person to provide day care to a limited number of children before requiring licensing, etc. According to their neighbors these folks crossed the line in their home business!
In this case the neighborhood association thought their property covenants superseded state and local law in the matter. The homeowner didn’t agree in the matter. Another issue is if this is a “business” or “occupation”.
Here’s what the business owner said:
“I have the law on my side,” said Brian Downs. He said the illegality of home businesses rests on one interpretation of a line of the neighborhood covenants: “No lot shall be used for any business, commercial, manufacturing, mercantile, storage, vending or other nonresidential purpose.” He said the sentence was now being read to mean that a home could not be used for any business purpose, commercial purpose and so on, which, he noted would outlaw storage rooms.
If the sentence were interpreted to mean that any business of a nonresidential nature is prohibited, home day care would be legal because, under Loudoun County zoning laws, it is an accepted residential use. “This whole argument is pinned on a comma in a sentence,” said Brian Downs.
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