Lynn, MA Home Business: Home Daycare (2026)
Key Facts
- Use classification
- Home occupation without employees (§ 12.C.5.b.i)
- Permitted by right in
- R1-R4, B1, B2, BC, M1, M2, MV
- Not allowed in
- CIV, RD, RT, IL, IH districts
- Client limit
- Up to two customers or clients at a time
- Registration
- Building Commissioner, renewed every 2 years
- With-employees cap
- Up to 2 nonresident employees allowed
- Violation fine
- $300 per violation, each day separate
Summary
Lynn's Zoning Ordinance treats a family day care home as a "home occupation without employees," permitted by right in the R1, R2, R3, R4, B1, B2, BC, M1, M2 and MV districts under Section 3.E.2.b. Operators must register with the Building Commissioner and renew that registration every two years.
b. Home occupation without employees: Small-scale business activities within a residential dwelling by the residents and subject to the requirements in Section 3, including: i. Family day care homes: as defined in M.G.L. c.15D, § 1A. ... b. Home occupation without employees. Where allowed as accessory uses, pursuant to the Table of Permitted Uses, home occupations without employees must: i. Be conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence. ... vi. Up to two customers or clients at the premises at a time. ... viii. Be registered with the Building Commissioner, such registration to be renewed every two years and subject to the Building Commissioner's determination that there have been no confirmed violations of this section during the preceding registration period.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
15D, § 1A" as one of three "home occupation without employees" uses, alongside home offices and artisanal-craft businesses. The Table of Use Regulations' Accessory-use section shows "Home occupation without employees" as permitted by right, marked P, in the R1, R2, R3, R4, B1, B2, BC, M1, M2 and MV districts, and not allowed, marked X, in the CIV, RD, RT, IL and IH districts. b, a home day care operating as a home occupation without employees must be conducted solely within the dwelling and solely by the resident(s), be clearly incidental and subordinate to the residential use, produce no offensive noise, odor, dust, smoke or lighting, keep no exterior storage of materials or equipment, show no exterior sign of its presence, and serve no more than two customers or clients on the premises at a time.
Massage parlors, autobody repair and a physician's office are the uses expressly excluded from this home-occupation category; family day care is not among the exclusions. viii). c.
Violations & Fines
Operating an unregistered home day care, or one that violates the home-occupation limits such as exceeding two customers at a time or showing exterior signage, is a zoning violation under Section 11.B. The Building Commissioner can order the use discontinued, and a conviction carries a $300.00 fine per violation plus costs and legal fees, with each day of continued violation a separate offense (Section 11.B.3).
Frequently Asked Questions
Is running a home day care legal in my Lynn neighborhood?
Do I need to register my home day care with the city?
How many children or clients can I have at once?
Can I hire help for my Lynn home day care?
Sources & Official References
Other rules in Lynn
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