No Lakewood-specific ordinance sets in-home daycare capacity; the state Child Day-Care Law (ORC Chapter 5104) controls. A Type B family child care home (1-7 children) and a Type A home (8-14 children) each require a state license, and the home occupation must also satisfy Lakewood's zoning Chapter 1145.
Lakewood does not impose its own family-daycare capacity limits; in-home child care is licensed by the State of Ohio under Ohio Revised Code Chapter 5104 (Child Day-Care), administered by the Department of Children and Youth. ORC 5104.01 defines a 'type B family child care home' as a permanent residence in which child care is provided for one to seven children at one time (no more than three under two years of age at one time), and a 'type A family child care home' as a permanent residence in which child care is provided for a larger group (generally eight to fourteen children, or four or more if four or more are under two). Both Type A and licensed Type B homes must hold a valid license issued by the director of children and youth under ORC 5104.03; operating without the required license is prohibited. Separately, an in-home daycare is a home occupation under Lakewood Codified Ordinances Chapter 1145, so it must remain clearly incidental to the residence and, where it rises to a Type B home occupation generating customer traffic, obtain a Conditional Use Permit from the Lakewood Planning Commission under Section 1161.03(f). Note that the Chapter 1145 'Type A / Type B' home-occupation labels are separate from the ORC 5104 'Type A / Type B' child-care-home licensing categories.
Operating an unlicensed family child care home violates ORC Chapter 5104 and is enforced by the state (penalties under ORC 5104.99). Independently, running the daycare as a home occupation beyond the incidental Type A limits of Lakewood Chapter 1145 without a Conditional Use Permit is a local zoning violation enforceable by the Planning and Development Department and Division of Housing and Building.
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