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Millcreek, PA Home Business: Home Daycare (2026)

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

Key Facts

Family child care home size
Four, five or six unrelated children at one time
Group child care home size
More than six, with age-level limits printed in § 145-11
State license
Required by Commonwealth of Pennsylvania
Zoning status
Accessory use in a residence
Districts listing both uses by right
CR, R1 and R2
Civil judgment for violation
$500 per violation plus costs and fees

Summary

In Millcreek Township, Erie County, Pennsylvania, a family child care home, with four, five or six unrelated children at one time, is an accessory use in a residence. It must be licensed by the Commonwealth and meet the rules of its zoning district. The CR, R1 and R2 districts list it as an accessory use permitted by right.

FAMILY CHILD CARE HOME A home other than the child's own home, operated for profit or not-for-profit, and licensed by the Commonwealth of Pennsylvania, in which child care is provided at any one time to four, five, or six unrelated to the operator. The Use shall be considered an Accessory Use in a residence and comply with all applicable regulations of the underlying zoning district. ... D. Accessory Uses permitted by right. Any Use and their accompanying Structures that are customarily subordinate and incidental to an approved Permitted Use, Special Exception, or Conditional Use are permitted by right, including, but not limited to, the following: ... (1) Beekeeping. (2) Family Child Care Home. ... (4) Group Child Care Home.

Full Breakdown

Chapter 145 of the Millcreek Township Code defines two home-based child care uses in § 145-11. A FAMILY CHILD CARE HOME is a home other than the child's own home, operated for profit or not-for-profit and licensed by the Commonwealth of Pennsylvania, in which child care is provided at any one time to four, five, or six children unrelated to the operator. The use is considered an accessory use in a residence and must comply with all applicable regulations of the underlying zoning district.

A GROUP CHILD CARE HOME is a larger operation: a premises licensed by the Commonwealth in which care is provided at one time for more than six but fewer than 16 older school-aged level children, or more than six but fewer than 13 children of another age level, who are unrelated to the operator. It can be in a residence or other premises. When it is in a residence, the use is considered an accessory use to the residence and must also comply with the underlying district's regulations.

The district chapters then list both uses. In § 145-15, the R1 Single-Family Residential District, the list of accessory uses permitted by right includes beekeeping, family child care home and group child care home, along with private garages, no-impact home-based businesses, small wireless facilities and private solar systems. The same two child care uses appear in the accessory-by-right lists for the CR Conservation Residential District (§ 145-14) and the R2 Low-Density Residential District (§ 145-16). Accessory by right means no special exception or conditional use hearing is built into the listing.

The Zoning Officer administers Chapter 145 under § 145-105. A violation draws an Enforcement Notice under § 145-114 with a right to appeal to the Zoning Hearing Board, and a civil judgment of $500 per violation if the matter reaches the Magisterial District Judge.

Violations & Fines

Operating outside the definitions or the district rules is a violation of Chapter 145. The Township starts with a written Enforcement Notice under § 145-114.A stating the violation, the dates for compliance and the right to appeal to the Zoning Hearing Board. If the violation continues, a civil enforcement proceeding under § 145-114.B carries a judgment of $500 for each violation plus court costs and the Township's reasonable attorney's fees, with each day a separate violation.

Frequently Asked Questions

How many children can a family child care home have in Millcreek Township?
Section 145-11 defines a family child care home as a licensed home, other than the child's own home, providing care at any one time to four, five, or six children unrelated to the operator. A larger operation falls under the group child care home definition instead.
Do I need a state license to run a home daycare in Millcreek Township?
Yes. Both definitions in § 145-11 require licensing by the Commonwealth of Pennsylvania. The family child care home must be licensed and operated for profit or not-for-profit, and the group child care home must be a premises licensed by the Commonwealth. The zoning chapter adds the district rules on top of that license.
In which Millcreek zoning districts is a home daycare allowed by right?
The family child care home and group child care home both appear in the accessory-uses-permitted-by-right lists for the CR Conservation Residential District (§ 145-14), the R1 Single-Family Residential District (§ 145-15) and the R2 Low-Density Residential District (§ 145-16), in each case subject to the district's regulations.
What is the difference between a family and a group child care home in Millcreek Township?
Size. A family child care home serves four, five or six unrelated children at one time. A group child care home serves more than six but fewer than 16 older school-aged level children, or more than six but fewer than 13 children of another age level. Both are licensed by the Commonwealth and are accessory uses when in a residence.

Sources & Official References

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