Newark, OH Building Safety: Childcare Center Rules (2026)
Key Facts
- Definition
- § 1230.04(43): care or preschool education on less than a twenty-four hour basis
- Limited Office district
- Day care for not more than six (§ 1257.02(c))
- Limited Intensity Business, permitted
- Day care limited to six clients (§ 1259.02(a))
- Limited Intensity Business, conditional
- Day care and pre-schools with no more than forty children (§ 1259.04)
- Before opening
- Zoning certificate (§ 1232.03) and certificate of use (§ 1232.05)
- Inspection timing
- Zoning Inspector inspects within three business days (§ 1232.04)
Summary
In the City of Newark, Ohio, the Code of Ordinances defines day care as personal care and supervision of children or adults, or preschool education, on less than a twenty-four hour basis, and controls it by zoning district. In the Limited Intensity Business District, day care is capped at six clients as a permitted use, and larger facilities are conditional up to forty children.
(43) DAY CARE: The providing of personal care and supervision for children or adults or preschool education on less than a twenty-four hour basis. (Also see CARE PROVIDING.) ... (a) Uses permitted in Section 1258.02, except that for this district only, day care is limited to six clients and assisted living facilities are not permitted (GO). ... Day care facilities and pre-schools, provided that there are no more than forty children.
Full Breakdown
Newark regulates day care through its zoning chapters. Section 1230.04(43) defines DAY CARE as the providing of personal care and supervision for children or adults or preschool education on less than a twenty-four hour basis, so the term covers preschools and adult programs as well as child care centers. Where a program can locate depends on the district. In the CSI Church, School, Institutional District, Section 1256.02(i) lists "Day care" among the permitted uses. In the LO Limited Office District, Section 1257.02(c) permits "Day care for not more than six." In the GO General Office District, Section 1258.02(c) lists "Day care." The LB Limited Intensity Business District borrows the GO list in Section 1259.02(a), but cuts day care to six clients for that district only. Section 1259.04 then makes day care facilities and pre-schools a conditional use in the LB district, provided that there are no more than forty children. The residential district chapters, including Chapter 1248, carry the phrase "Day care in the home of the provider for not more than six."
Before a center opens, the owner needs a zoning certificate. Section 1232.03 makes it unlawful to begin excavation or construction until the Zoning Inspector issues one, and unlawful to use a structure that is created, changed, converted or enlarged until one is issued. Section 1232.05 adds that no owner, lessee or tenant can occupy such a structure until the Zoning Inspector issues a certificate of use certifying that the building was constructed, altered or improved in compliance with the Code and with all conditions and requirements stipulated by the Board. Under Section 1232.04 the Zoning Inspector must inspect within three business days after being told the work is ready, and an appeal of a Zoning Inspector decision goes to the Board of Zoning Adjustment under Section 1234.04 within sixty days.
Violations & Fines
Starting construction or using a space as a day care without the zoning certificate puts the operator on the Section 1232.99 schedule: $150.00 for a first notice of non-compliance, $250.00 for a second, $500.00 for a third and subsequent notice, and $150.00 when the permit is applied for after the start of the project. After a fourth unremedied notice the offense is a misdemeanor of the first degree and a strict liability offense.
Frequently Asked Questions
How many children can a day care have in Newark's Limited Intensity Business District?
Can someone run a day care from a home in the City of Newark, Ohio?
Does Newark's day care definition include adult programs?
What approvals does a new day care need before it opens?
Sources & Official References
Other rules in Newark
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