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Carrollton, TX Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Registered/Licensed home cap
12 children, under 24 hrs/day
Listed Family Home cap
3 unrelated children
Employee limit
2 unrelated employees plus caregiver
Zoning status
Allowed accessory Home Occupation (C0025)
State licensing law
Human Resources Code Ch. 42, TAC
Max zoning fine
$2,000 per day (Art. 36)
Staffing cap ordinance
Ord. No. 3587, 12/03/13

Summary

Carrollton's Comprehensive Zoning Ordinance classifies registered and licensed child-care homes and listed family homes as an allowed accessory home occupation in residential zoning districts. Article 35 caps registered and licensed homes at 12 children for less than 24 hours a day, listed family homes at three unrelated children, and every in-home operator at two unrelated employees.

REGISTERED AND LICENSED CHILD-CARE HOMES OR LISTED FAMILY HOMES: As defined and regulated by Chapter 42 of the Human Resources Code and the Texas Administrative Code of the State of Texas as may be amended, and in accordance with such standards as may be promulgated by the Texas Department of Family and Protective Services. Registered & Licensed Child Care Homes provide services for up to 12 children for less than 24 hours per day at the permit holder's home and are residential in character. These are considered "Home Occupations". Listed Family Homes provide services for up to three children unrelated to the home occupant and are residential in character. These are considered "Home Occupations". Registered and licensed childcare homes shall be limited to no more than two unrelated employees in addition to the primary care giver.

Full Breakdown

Article 35, the Definitions article of the Comprehensive Zoning Ordinance (updated April 2026), treats a "Registered and Licensed Child-Care Home or Listed Family Home" as regulated jointly by the state and the city. Licensing itself runs through Chapter 42 of the Texas Human Resources Code and the Texas Administrative Code standards set by the Texas Department of Family and Protective Services, not through a separate Carrollton permit. On the zoning side, the Use Table entry C0025, "Registered and Licensed Child Care Homes or Listed Family Homes," carries an "A" (allowed) designation across the city's residential districts, so a properly state-registered or licensed home operator does not need a Special Use Permit the way a stand-alone child day care center does.

The ordinance's numeric caps are what keep the use "residential in character" and eligible for the Home Occupation label: a Registered and Licensed Child Care Home may serve up to 12 children for less than 24 hours per day at the operator's home, while a Listed Family Home is limited to three children unrelated to the home occupant. Ordinance No. 3587 (adopted December 3, 2013) added the staffing limit, capping every registered or licensed home to no more than two unrelated employees in addition to the primary caregiver.

Because the use is tied to the Certificate of Occupancy and building-use rules in Article 31, exceeding these caps or operating without the underlying state registration or license converts the home into a use the zoning ordinance no longer recognizes as by-right.

Violations & Fines

Operating outside these limits, or using the home in a way inconsistent with its residential character, is a zoning violation under Article 36: a misdemeanor punishable by a fine of up to $2,000, with each day the violation continues counted as a separate offense. The City Manager or Designee can also suspend or revoke the property's Certificate of Occupancy under Article 31, Section A.5, when the use is found to violate the zoning ordinance.

Frequently Asked Questions

Does Carrollton require a special permit for a home daycare?
No. The Comprehensive Zoning Ordinance's Use Table lists Registered and Licensed Child Care Homes and Listed Family Homes as an allowed accessory use in residential zoning districts under entry C0025, so no separate zoning permit is needed beyond the state registration or license, per Article 35.
How many children can I legally care for in my Carrollton home?
Up to 12 children for less than 24 hours a day if you hold state registration or licensing, or up to three unrelated children if you operate as a Listed Family Home, per the definition in Article 35 of the Comprehensive Zoning Ordinance.
Can I employ help for my home-based daycare in Carrollton?
Yes, but Ordinance No. 3587 caps registered and licensed child-care homes at two unrelated employees in addition to the primary caregiver, which keeps the operation within the Home Occupation classification.
What happens if I run an unlicensed or oversized daycare from my Carrollton home?
The City Manager or Designee can suspend or revoke your Certificate of Occupancy under Article 31, and operating in violation of the zoning ordinance is a misdemeanor punishable by up to $2,000 per day under Article 36.

Sources & Official References

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