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Elyria, OH Home Business: Home Daycare (2026)

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

Key Facts

Governing section
§ 1137.11(H), Home Occupations
Daycare classification
Residential use, not an accessory use
Covered homes
Certified or uncertified Type B Family Day Care Homes
Ordinary home occupation limit
Not more than one (1) receiver at a time
Child care facility definition
State of Ohio licensed, regular schedule, for a fee (§ 1125.16)
First-offense penalty
Up to $250 fine or 30 days

Summary

In the City of Elyria, Ohio, Codified Ordinances § 1137.11(H) excepts certified or uncertified Type B Family Day Care Homes from the one-receiver limit on home occupations and classes them as a residential use, not an accessory use. The section does not itself define Type B.

H. Home occupations shall involve not more than one (1) receiver of such services at any one time with the exception of certified or uncertified Type B Family Day Care Homes, which constitute a residential use and not an accessory use.

Full Breakdown

The City of Elyria, Lorain County, Ohio, deals with family day care homes inside its home occupation section, Section 1137.11 of the Planning and Zoning Code. That section opens by allowing home occupations in residential structures as an accessory use compatible with the residential character of the district. Subsection H then sets the main service limit: home occupations shall involve not more than one (1) receiver of such services at any one time. The same sentence makes the exception for daycare: certified or uncertified Type B Family Day Care Homes constitute a residential use and not an accessory use.

Two points follow from the printed words. First, the exception lifts the one-receiver cap for Type B homes, so a family day care operator is not held to one child at a time. Second, the classification as a residential use means the Code treats the home daycare as part of the dwelling use rather than as a business squeezed in under accessory-use conditions. The words certified or uncertified show the Code does not make state certification a condition of that classification. Subsection H lifts only the one-receiver limit by name, and Section 1137.11 does not itself define Type B.

A separate definition sits in Section 1125.16: a child care facility is a place, licensed by the State of Ohio, where care, protection and supervision of children are provided on a regular schedule, for a fee. That definition is a different term from the Type B Family Day Care Home exception in Section 1137.11, and the Elyria Building Department reads the two sections together when it handles a daycare question. Group homes are covered by a different section, 1137.10, with its own registration rules.

Violations & Fines

Operating a use in violation of the Zoning Code falls under Section 1127.99: a fourth-degree misdemeanor with a fine of not more than $250 or thirty days in jail, or both, each day a separate offense, and a third-degree misdemeanor with up to $500 or sixty days for a conviction within one year of the first. The Building Inspector starts enforcement with a written notice under Section 1127.21 that names the section violated and the date by which to correct it.

Frequently Asked Questions

Is a home daycare a home occupation in Elyria?
Section 1137.11(H) says certified or uncertified Type B Family Day Care Homes constitute a residential use and not an accessory use. Ordinary home occupations are accessory uses, so the City of Elyria Code treats a Type B daycare as part of the dwelling use, outside the accessory-use category.
Is there a one-child-at-a-time limit for family day care?
No. The one-receiver limit in Section 1137.11(H) applies to home occupations, and the same sentence excepts certified or uncertified Type B Family Day Care Homes from it. A home business such as tutoring stays at not more than one (1) receiver at any one time.
Does the home need a state certificate to qualify?
Subsection H uses the words certified or uncertified, so the exception for Type B Family Day Care Homes is written to cover both. The Section 1137.11 text does not make state certification a condition of the residential-use classification, and it does not define Type B.
How does Elyria define a child care facility?
Section 1125.16 defines a child care facility as a place, licensed by the State of Ohio, where care, protection and supervision of children are provided on a regular schedule, for a fee. That is a separate defined term from the Type B Family Day Care Home exception in Section 1137.11(H).

Sources & Official References

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