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Middletown, OH Home Business: Home Daycare (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Type allowed
Type B family day care home, 1-6 children
Under-age-2 cap
No more than 3 children under 2
Zoning treatment
Accessory use, any residential district, no variance
Governing sections
§ 1206.01(24) and § 1230.02

Summary

Middletown, Ohio allows a small in-home daycare, called a Type B family day care home, as an accessory use to any single-family dwelling in any residential zoning district. Section 1206.01(24) of the Development Code permits it outright rather than through a variance, and § 1230.02 defines it as caring for one to six children at a time with no more than three under age two.

(24) Type B family day care home (1-6 children). Type B family day care homes are permitted when accessory to a single-family dwelling, regardless of the applicable residential zoning district. ... TYPE-B DAY CARE HOME (1-6 CHILDREN). A permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted; or as defined in the Ohio Revised Code.

Full Breakdown

01(24) of the Development Code, which permits a Type B family day care home as an accessory use to a single-family dwelling in every residential zoning district, without a conditional use hearing or variance. 02 caps the operation at one to six children present at one time, with no more than three of them under two years old; the provider must live at the home, since the definition describes a permanent residence of the provider where the care is given. The section also addresses a common counting question: children under six who are related to the provider and who are on the premises count toward the one-to-six total, and the code otherwise falls back on the Ohio Revised Code's definition for anything it does not separately spell out.

Because Type B homes are accessory to the dwelling rather than a separate land use, they do not trigger the certificate-of-zoning-compliance or landscape-buffer requirements that apply to freestanding accessory structures elsewhere in Chapter 1206, and they are distinct from a nursery school or day care center, the larger institutional use defined elsewhere in Chapter 1230, which is only allowed as accessory to an approved public or institutional use, not a private home. A provider still needs the separate Type B license the State of Ohio requires for a home caring for children; Middletown's zoning code addresses only where the use may locate, not the licensing itself.

Violations & Fines

Operating an in-home daycare that exceeds the six-child cap or otherwise falls outside the Type B definition in § 1230.02 is a Development Code violation of § 1228.01, enforced by the Development Code Administrator. Development Code violations are Class F civil offenses under § 214.02, carrying a $150 fine for a first offender and $250 for a second offender under the § 214.99 schedule, doubling if the fine goes delinquent.

Frequently Asked Questions

Does a home daycare need a zoning variance in Middletown?
No. Section 1206.01(24) of the Development Code permits a Type B family day care home as an accessory use to a single-family dwelling in every residential zoning district, so it does not require a conditional use permit or variance. The provider still needs whatever state Type B license Ohio requires for the childcare operation itself.
How many children can a Type B day care home in Middletown watch?
Up to six children at one time, with no more than three of them under two years old, under the definition in § 1230.02. Children under six who are related to the provider and present on-site are counted toward that six-child total, and anything the local definition does not cover falls back on the Ohio Revised Code.
Can a larger day care center operate out of a Middletown house?
Not as a Type B home. A nursery school or day care center, as separately defined in Chapter 1230, is only permitted as an accessory use to an approved public or institutional use, not a private residence, so a larger center must locate on institutional property rather than in a house.

Sources & Official References

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