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Moore, OK Home Business: Home Daycare (2026)

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

Key Facts

Family day care home
7 or fewer children
Must operate from
owner/operator's own residence
Day care center threshold
8+ children
Zoning still applies
Sec 9-405
State license still required
Sec 9-403
Grandfather date
before Feb 2, 1983
Penalty
up to $500 fine, per-day offense

Summary

In the City of Moore, a family day care home serving seven or fewer unrelated children must operate out of the actual residence of its owner or operator. Sec 9-404 bars running a day care center from a residential structure that is not that person's own home, limiting home-based child care to owner-occupants.

Family day care home means any place, home or institution which receives seven or less children under the age of 16 years, who are not of common parentage, for care apart from their parents, legal guardians or custodians, when such care is received for regular periods of time for compensation. ... No day care center may be operated in the city ... in a residential structure unless that structure is actually the place of residence for the owner or operator of such child care facility.

Full Breakdown

Chapter 9-4 defines a family day care home at Sec 9-401 as any place, home or institution receiving seven or fewer children under age 16, unrelated to the caregiver, for regular compensated care apart from their parents or guardians; a facility serving eight or more falls instead under the broader day care center definition. Sec 9-404 then restricts where either type of operation may run inside a residential structure: no day care center may be operated in the city in a residential structure unless that structure is actually the place of residence for the owner or operator of such child care facility.

In practice, a resident cannot use a separate residential property, such as a second house or a rental unit, to run a home daycare unless he or she actually lives there; the operator's own home is the only residential structure Chapter 9-4 allows for the business. Sec 9-405 layers the city's zoning regulations on top of this residency rule, and Sec 9-403 still requires the state Department of Human Services license regardless of the zoning district. Sec 9-407 preserves any home day care lawfully operating before February 2, 1983 as a legal nonconforming use even where it would otherwise conflict with later-adopted zoning.

Violations & Fines

A violation of Sec 9-404's residency restriction is enforced as any other Chapter 9-4 violation: Sec 9-409 classifies it as a misdemeanor, punishable by a fine of up to $500.00 under Sec 1-108, with the code enforcement officer named in Sec 9-408 responsible for enforcement and each day of continued violation counted as a separate offense.

Frequently Asked Questions

Can I run a home daycare from a rental property I don't live in?
No. Sec 9-404 requires that a day care center, including a family day care home, operate only in a residential structure that is actually the place of residence for the owner or operator, so a rented-out or vacant property used solely for the business does not qualify under Moore's code.
How many children can a Moore family day care home serve?
Sec 9-401 defines a family day care home as one receiving seven or fewer unrelated children under age 16 for regular compensated care; once a home operation reaches eight or more children it becomes a day care center under the same section, though both remain subject to the Sec 9-404 residency rule.
Does a home daycare still need to meet Moore's zoning rules?
Yes. Sec 9-405 requires that any day care center, including a home-based one meeting the residency requirement of Sec 9-404, still be operated in accordance with the city's zoning regulations, and Sec 9-403 requires the state Department of Human Services license regardless of the zoning district.

Sources & Official References

Other rules in Moore

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