Zoning Uses / Daycare Center

Daycare Center Zoning Requirements

A daycare center usually needs commercial zoning, and some residential zones allow one with a conditional use permit. Small home daycares follow different rules, so the number of children you plan to care for often decides which zoning you need.

New to zoning types? Read what commercial zoning means and what it allows.

What zoning does a daycare center need?

C - Commercial

or

R - Residential

Is a daycare center allowed in Columbus?

Open the Columbus zoning map to find a property's zoning district, then check what that district allows.

Check zoning in Columbus, OH →

Daycare Center vs. Home Daycare

Zoning codes and state licensing both split child care into two groups. A family child care home is run in the provider's own house with a small group of children. A daycare center cares for larger groups in a separate building, usually a commercial one.

Home daycareDaycare center
Typical zoningResidential, as a home-based useCommercial, or residential with a conditional use permit
SizeSmall group capped by state licenseSet by building space and staffing
BuildingThe provider's homeClassrooms, play yard, drop-off area
Local approvalOften a home occupation permit or noneZoning approval, building permit, certificate of occupancy

Where the line falls depends on the state. ChildCare.gov notes that some states require a family child care license once a provider cares for more than one unrelated child, while others don't until the provider cares for six or more. The home business zoning page covers the general rules for running a business from a house, and the residential zoning guide explains what those districts usually allow.

Requirements to Open a Daycare Center

Opening a center means lining up three approvals that run on separate tracks:

  • Zoning approval from the city or county planning department
  • A building permit and certificate of occupancy for a child care use
  • A state child care license, which usually covers staff ratios, background checks, space per child and health and safety inspections

Licensing staff often won't inspect until the building is approved, and the building department won't sign off without the right zoning. Start with zoning, but contact the licensing office early so the building is designed to their rules. The childcare facility zoning page covers the building and space side in detail.

State Laws That Override Local Zoning

Some states limit how cities can zone child care. New Jersey's Municipal Land Use Law makes state-licensed child care centers a permitted use in all nonresidential districts and excludes their floor area from parking and density calculations. Other states have their own rules, especially for family child care homes in residential zones, so ask your state licensing agency whether one applies.

Picking Commercial Property for a Daycare Center

A good site for a center tends to have these features:

  • A district that permits child care centers by right, so no hearing is needed
  • Ground-floor rooms with doors to the outside, which simplify building code rules for infants
  • Room for a fenced play yard on site
  • Parking and a drop-off area that don't back cars onto the street
  • Distance from uses that some licensing rules or neighbors object to, such as bars or heavy industry

Freestanding buildings, former schools and church education wings often work better than strip mall units. The parking calculator gives a quick estimate of the spaces a site needs.

Steps to Check a Location

  1. Search for your city's zoning map and find the district.
  2. Find the child care center line in the use table and any conditions attached to it.
  3. Call your state child care licensing office and ask for its facility rules.
  4. Have the building department review the space before you sign a lease.

Daycare Center Zoning FAQ

What are the building requirements for a daycare center?

Expect fire exits, smoke alarms, accessible restrooms, child-sized fixtures and a fenced outdoor area, with exact rules set by the building code and state licensing. The building department and licensing office can review your plans before construction.

Can I run a daycare in my home without a license?

Only if your state exempts the number of children you care for. Even a license-exempt home daycare may need a local home occupation permit, so check with the planning department too.

Do daycare centers need a conditional use permit?

In some districts. If the use table marks child care centers as conditional, you will need a permit and a public hearing, which can add months before you open.

Is a dog daycare zoned like a child daycare?

No. A dog daycare is an animal care use with its own rules on noise and waste; see dog daycare zoning for those.