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Irondequoit, NY Home Business: Home Daycare (2026)

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

Key Facts

Family child-care home
No more than six children, including the provider's own
Group child-care facility
At least seven and no more than 12 children
Child-care center
More than 12 children in a building or structure
Approval for group facility
Special use permit from the Town Board
Districts covered
R-R, R-1, R-2 and R-3 Residential
State certification
Required for home and group residences

Summary

In the Town of Irondequoit, § 235-4 defines a family child-care home as a certified private residence caring for no more than six children, and a group child-care facility as one caring for at least seven and no more than 12. Group facilities and larger centers in residential districts need a special use permit from the Town Board.

(2) CHILD-CARE FACILITY, GROUP A private residence, certified pursuant to New York State Law, where care, protection and supervision are provided on a regular schedule to at least seven and no more than 12 children, including children of the adult provider. (3) CHILD-CARE HOME, FAMILY A private residence, certified pursuant to New York State Law, where care, protection and supervision are provided on a regular schedule with no more than six children, including the children of the adult provider.

Full Breakdown

The Town of Irondequoit zoning code draws its lines by headcount. Section 235-4 defines three child-care categories. A family child-care home is a private residence, certified pursuant to New York State law, where care, protection and supervision are provided on a regular schedule to no more than six children, and the provider's own children count toward that total. A group child-care facility is also a private residence certified under State law, but it cares for at least seven and no more than 12 children, again counting the adult provider's children. A child-care center is a building or structure caring for more than 12 children on a regular schedule.

The headcount decides the approval path. Under § 235-8B(1), in the R-R, R-1, R-2 and R-3 Residential Districts the uses permitted only with a special use permit from the Town Board include child-care center and group child-care facilities. That list does not name the family child-care home, so the six-child definition is the dividing line the code itself prints between a home and the facilities that need Town Board action.

A group facility applicant files with the Department of Community Development. The Town Board then adopts a resolution acknowledging the complete application, sets a public hearing date, and refers the application to the Planning Board and any other required agency for comment. After the hearing is closed, the Board renders its decision. Site plan approval from the Planning Board under Article XV is also required where the proposed conditional use involves a new principal structure or a development classified as an unlisted or Type I action under the State Environmental Quality Review Act.

The definitions require State certification, so a Town of Irondequoit provider also answers to New York State's child-care licensing system, which is separate from the Town's zoning review. The Director of Community Development handles zoning administration, and the Zoning Board of Appeals hears appeals of zoning decisions.

Violations & Fines

Zoning violations in the Town of Irondequoit are punishable under § 235-102 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 a fine of $350 to $700, and a third carries $700 to $1,000. Each week of continued violation counts as a separate violation.

Frequently Asked Questions

How many children can I care for at home in the Town of Irondequoit?
Section 235-4 defines a family child-care home as a certified private residence with no more than six children, counting the provider's own. At seven to 12 children the residence becomes a group child-care facility, which needs a special use permit from the Town Board in the R-R, R-1, R-2 and R-3 Districts.
Do my own kids count toward the limit?
Yes. Both the family home definition (no more than six children) and the group facility definition (at least seven and no more than 12) say the count includes the children of the adult provider. A provider with two children of her own can therefore care for four others and stay within the family home definition.
Who decides a group child-care special use permit?
The Town Board decides. The application goes to the Department of Community Development, the Board adopts a resolution acknowledging receipt, a public hearing date is set, and the Planning Board and other agencies are asked for comment. The Board renders its decision once the public hearing is closed.
Is a home daycare the same as a home occupation?
The code treats them separately. Home occupations under § 235-8A(7) are approved by the Director of Community Development and covered by a 25% floor area cap, while child-care facilities have their own definitions in § 235-4 and a special use permit path in § 235-8B for groups and centers.

Sources & Official References

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