Babylon allows family day care homes as of-right accessory uses in residential zones under Town Code Ch 213 zoning, consistent with NY Social Services Law 390 preemption. Group family day care (7-12 children) requires special permit. OCFS licensing required.
Town of Babylon Code Chapter 213 recognizes family day care homes (up to 6 children) as permitted accessory uses in residence districts. Group family day care homes serving 7-12 children require a special exception permit from the Zoning Board of Appeals. New York Social Services Law 390 preempts local zoning that would prohibit family day care. All providers must obtain OCFS registration or license. Fire inspection required through Babylon Fire Marshal before OCFS approval.
Operating without OCFS registration: state civil penalty up to 500 dollars per day. Zoning violation for unpermitted group home: Ch 213 fine 250-1000 dollars plus daily accrual.
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