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Lower Paxton, PA Home Business: Home Daycare (2026)

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

Key Facts

Approval type
Permitted special exception, Zoning Hearing Board
Outdoor recreation
Adequate area secured by a fence with self-latching gate
Drop-off and pick up
Safe area that does not obstruct public street traffic
Parking
Off-street, per Article IX
Floor area cap
15% of gross floor area under § 203-617(A)(2)
Hearing deadline
Within 60 days of a complete application

Summary

Lower Paxton Township, Dauphin County, applies the home occupation standards of § 203-617 to day care homes other than those defined in Article II, plus three extras: a fenced outdoor recreation area with a self-latching gate, a safe drop-off and pick up area that does not obstruct traffic, and off-street parking under Article IX. Approval is a special exception.

A. A home occupation shall be a permitted special exception subject to the following express minimum standards and criteria: ... (15) Day care homes other than those defined in Article II of this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements: (a) Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate. (b) A safe area shall be provided for the drop-off and pick up of children who do not obstruct the free flow of traffic on any public street. (c) Off-street parking shall be provided in accordance with the requirements of Article IX of this chapter.

Full Breakdown

Section 203-617(A)(15) sets the home day care rule in Lower Paxton Township. Day care homes other than those defined in Article II of the zoning chapter shall meet all of the foregoing requirements for a home occupation as well as three additional requirements. Paragraph (a) requires adequate areas for outdoor recreation, secured by a fence with a self-latching gate. Paragraph (b) requires a safe area for the drop-off and pick up of children who do not obstruct the free flow of traffic on any public street. Paragraph (c) requires off-street parking in accordance with Article IX of the chapter.

The foregoing requirements are substantial. The day care must be carried on wholly within the principal or accessory structures, and no more than 15% of the gross floor area of the dwelling and any accessory structures used can be devoted to it. Exterior signs other than those permitted in Article X, exterior storage, and any exterior indication of the use or variation from the residential character of the principal structure are not permitted. The use shall not significantly intensify existing vehicular or pedestrian traffic normal for the neighborhood, shall not require alterations that change the fire rating of a structure, and shall not increase use of water, sewage, garbage, public safety, or other municipal services beyond what is normal for neighboring residences. One work vehicle is permitted on the premises.

Because a home occupation is a permitted special exception, the Zoning Hearing Board decides it under § 203-700. The application goes to the Zoning Officer with a development plan, a written statement showing compliance with the express standards, a map of all lots within 200 feet with owner names and addresses, and the fee from the Township's adopted fee schedule. A public hearing follows within 60 days of a complete application, and approval expires automatically if no grading permit, building permit, or zoning certificate application is submitted within 12 months. Section 203-712(A)(3) separately says the adult day care provisions do not apply to home based day cares classified as an accessory use.

Violations & Fines

Breaking a condition of a special exception violates the zoning chapter under § 203-700(A)(3) and § 203-1205(B)(4). The Township sends an enforcement notice with a compliance deadline and a 30-day appeal window to the Zoning Hearing Board. A civil judgment is not more than $500 plus court costs and the Township's reasonable attorney's fees, and each day of continuing violation counts as a separate violation.

Frequently Asked Questions

What extra rules apply to a home day care in Lower Paxton Township?
Section 203-617(A)(15) adds three requirements to the home occupation standards: adequate outdoor recreation areas secured by a fence with self-latching gate, a safe drop-off and pick up area that does not obstruct the free flow of traffic on any public street, and off-street parking under Article IX.
Does a home day care need Zoning Hearing Board approval?
Day care homes covered by § 203-617(A)(15) must meet the home occupation requirements, and a home occupation is a permitted special exception under § 203-617(A). The Zoning Hearing Board holds a public hearing within 60 days of a complete application under § 203-700(A)(2) and can prescribe conditions and safeguards.
How much of my house can the day care use?
Section 203-617(A)(2) says no more than 15% of the gross floor area of the principal dwelling and any accessory structures used can be devoted to the home occupation. Paragraph (1) also requires the activity to be carried on wholly within the principal or accessory structures, with no exterior indication of the use.
Is a child day care center treated the same way?
No. A child day care center in a building not used as a dwelling is a special exception under § 203-713 and needs a Pennsylvania license, a fence at least four feet high around outdoor play areas, and parking under Article IX. Home day care falls under § 203-617.

Sources & Official References

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