Methuen, MA Home Business: Home Daycare (2026)
Key Facts
- Small home capacity
- Not more than six children under 16
- Large home capacity
- Not more than 10 children under 16
- Resident children
- Counted toward the limit
- Zoning status
- Single-family residential accessory use, § 5.13(A)(2)
- Excluded
- Informal arrangements among neighbors or relatives
- Penalty
- $300 for each offense, each day separate
Summary
In the City of Methuen, Massachusetts, the Methuen Comprehensive Zoning Ordinance lists large and small family day-care homes as single-family residential accessory uses under § 5.13. A small home cares for up to six children under 16, a large home for up to 10, counting resident children.
FAMILY DAY-CARE HOME, LARGE ... provided, however, that the number of children under the age of 16 in a large family day-care home shall not exceed 10, including participating children living in the residence. ... FAMILY DAY-CARE HOME, SMALL ... provided, however, in either case, that the total number of children under 16 in a family day-care home shall not exceed six, including participating children living in the residence. ... § 5.13. Residential accessory uses. A. Single-family. Single-family residential accessory uses shall include the following: ... (2) Family day-care home, large and small. (See Article II for definition.)
Full Breakdown
The Methuen Comprehensive Zoning Ordinance treats family day-care as an accessory use of a single-family home. Section 5.13(A)(2) lists a family day-care home, large and small, among the single-family residential accessory uses and sends the reader to Article II for the definition. Because § 5.1 prohibits any use not listed, this listing is what makes the use available at a house in the City of Methuen.
Article II sets the size line between the two categories. A small family day-care home is a private residence that, on a regular basis, receives for temporary custody and care during part or all of the day children under seven years of age, or children under 16 years of age if the children have special needs. The total number of children under 16 cannot exceed six, including participating children living in the residence. A large family day-care home adds care for school-age children for a limited number of hours, and the number of children under the age of 16 cannot exceed 10, including participating children living in the residence.
Both definitions exclude a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children, with or without compensation. Both reference the licensing definition in MGL c. 28A, § 9, which the ordinance adopts by reference. The ordinance also keeps day-care separate from the home occupation rule in § 5.6, which limits a home occupation to 25% of the existing gross floor area of the dwelling unit, not to exceed 700 square feet, and employs one nonresident. Business districts allow accessory day-care under § 5.15(D), capped at 10% of the gross floor area of the principal use.
Violations & Fines
The Building Commissioner enforces the zoning ordinance under § 10.2 and serves a notice of violation and order on the responsible party. The penalty for violating any provision is $300 for each offense, and each day a violation continues is a separate offense. Enforcement actions are brought through the City Solicitor, and the violator can appeal to the Board of Appeals.
Frequently Asked Questions
Is a home day-care allowed in a Methuen single-family house?
How many children can a small family day-care home have?
How many children can a large family day-care home have?
Does babysitting for neighbors count as a day-care home?
Sources & Official References
Other rules in Methuen
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