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Irondequoit, NY Building Safety: Childcare Center Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Child-care center
A building or structure caring for more than 12 children
Group facility
Certified residence, at least seven and no more than 12 children
Approval required
Special use permit granted by the Town Board
Districts
R-R, R-1, R-2 and R-3 Residential
Hearing
Public hearing set when the Board acknowledges the application
Referral
Planning Board and other required agencies

Summary

In the Town of Irondequoit, § 235-8B requires a special use permit from the Town Board for a child-care center or group child-care facility in the R-R, R-1, R-2 and R-3 Districts. The process includes a Town Board resolution, a public hearing, Planning Board referral and a decision after the hearing closes.

B. Conditional uses. ... (1) In the R-R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted only if a special use permit is granted by the Town Board: ... (b) Child-care center and group child-care facilities; ... (2) Review and approval required. (a) Application. An application for special use permit shall be submitted to the Town's Department of Community Development and include the required form(s) and supporting document(s) set forth by that Department. (b) Town Board review. The Town Board must adopt a resolution acknowledging receipt of the complete application for special use permit. At that time, the public hearing date will be set, and the application will be referred to the Planning Board and any other required agency(ies) for comment on the proposed use. (c) Public hearing and decision. Once the public hearing has been conducted and closed, the Board may render its decision.

Full Breakdown

A child-care center in the Town of Irondequoit is defined in § 235-4 as a building or structure where care, protection and supervision are provided on a regular schedule to more than 12 children. A group child-care facility is a certified private residence caring for at least seven and no more than 12 children, counting the adult provider's own. Both appear in the conditional use list of § 235-8B(1)(b), which means that in the R-R, R-1, R-2 and R-3 Residential Districts they are permitted only if the Town Board grants a special use permit.

The review sequence is fixed by § 235-8B(2). First, the applicant submits an application to the Town's Department of Community Development with the required forms and supporting documents the Department sets. Second, the Town Board must adopt a resolution acknowledging receipt of the complete application, at which point the public hearing date is set and the application is referred to the Planning Board and any other required agency for comment on the proposed use. Third, once the public hearing has been conducted and closed, the Board renders its decision.

Site plan approval can add a second layer. Section 235-8B(2)(d) requires an application to the Planning Board for site plan approval for any proposed conditional use that involves the construction or installation of a new principal structure, or any development classified as an unlisted or Type I action under the State Environmental Quality Review Act, in accordance with Article XV of the zoning chapter. A new purpose-built center building in the Town of Irondequoit would fall in that category.

Building and fire code compliance for an occupied child-care building runs through Chapter 98, Building Construction and Fire Prevention, which covers permits, inspections and fire code administration. Zoning approval and building permits are separate steps. The Zoning Board of Appeals hears appeals from zoning administrative decisions, and the Town Board holds the special use decision itself.

Violations & Fines

Operating without the required approval is a zoning violation under § 235-102, punishable by a fine not to exceed $350 or imprisonment not to exceed six months, or both, for a first offense. A second offense within five years carries $350 to $700, and a third carries $700 to $1,000. Each week of continued violation counts as a separate violation.

Frequently Asked Questions

Do I need Town Board approval to open a child-care center in a residential district?
Yes. Section 235-8B(1)(b) lists child-care center and group child-care facilities among the uses permitted in the R-R, R-1, R-2 and R-3 Districts only if a special use permit is granted by the Town of Irondequoit Town Board.
What are the steps for the special use permit?
File the application with the Department of Community Development. The Town Board adopts a resolution acknowledging the complete application, sets the public hearing date and refers it to the Planning Board and other required agencies. Once the hearing is conducted and closed, the Board renders its decision.
When is site plan approval also needed?
Section 235-8B(2)(d) requires Planning Board site plan approval for a conditional use involving a new principal structure or any development classified as an unlisted or Type I action under the State Environmental Quality Review Act. The review follows Article XV of the zoning chapter.
What is the difference between a center and a group facility?
Under § 235-4, a center is a building or structure caring for more than 12 children. A group facility is a certified private residence caring for at least seven and no more than 12 children, including the provider's own. Both need the same special use permit in the four residential districts.

Sources & Official References

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