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Rochester Hills, MI Home Business: Home Daycare (2026)

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

Key Facts

Family day care home capacity
1-6 children
Group child day care home capacity
7-12 children
Group home outdoor play area
150 sq ft/child, 1,500 sq ft min
Group home daily hours cap
16 hours
Separation for 7+ resident facilities
1,500 feet

Summary

A Rochester Hills family day care home caring for one to six children is a state-licensed residential facility permitted under Zoning Ordinance § 138-4.435. Cross six children and it becomes a group child day care home, which faces added standards: a 150-square-foot-per-child play area and a 16-hour daily operating cap.

The following regulations apply to all state licensed residential facilities, as defined by this ordinance and as licensed by the State of Michigan; and to all other managed or state licensed residential facilities. State licensed residential facilities with fewer than seven residents include family day care homes, foster family homes, foster family group homes, and adult foster care family homes. ... 1.Licensing. In accordance with applicable state laws, all state licensed residential facilities shall be registered with or licensed by the State of Michigan, and shall comply with applicable standards for such facilities. ... 4.Group Child Day Care Homes. In addition to the preceding subsection, the following regulations shall apply to all group child day care homes (with more than six but fewer than 12 residents), as defined in this ordinance.a.Outdoor Play Area. A minimum of 150 square feet of outdoor play area shall be provided and maintained per child at the licensed capacity of the day care home, provided that the overall play area shall not be less than 1,500 square feet.

Full Breakdown

Section 138-4.435 governs all state licensed residential facilities, defining family day care homes, foster family homes, foster family group homes and adult foster care family homes as facilities with fewer than seven residents, and group child day care homes and adult foster care small group homes as facilities with more than six but not more than 12 residents. Every such facility must be registered with or licensed by the State of Michigan and comply with applicable state standards, and must be maintained in a manner consistent with the visible residential character of the neighborhood.

New facilities housing seven or more residents must sit at least 1,500 feet from any other such facility, measured property line to property line, unless the Planning Commission finds a shorter separation will not over-concentrate these facilities in one neighborhood or citywide. Once a home crosses into group child day care home territory (seven to twelve children), subsection 4 layers on specific standards: a fenced, screened outdoor play area in the rear yard of at least 150 square feet per child at licensed capacity, with an overall minimum of 1,500 square feet; adequate on-site parking and pickup/drop-off space that avoids pedestrian-vehicle conflicts and doesn't disrupt street traffic; and a hard cap of 16 hours of operation per day.

Violations & Fines

Operating an unlicensed or unregistered day care home, exceeding the 16-hour daily cap for a group child day care home, or failing to provide the required outdoor play area violates § 138-4.435 and is a Chapter 138 zoning violation. It is enforceable as a municipal civil infraction under § 138-1.401, with civil fines of $70 to $500 under the § 66-37 schedule for code 138-7, and the City may seek nuisance abatement in court under § 138-1.402.

Frequently Asked Questions

Can I run a small home daycare in my Rochester Hills house without a special permit?
A family day care home for one to six children is a permitted state-licensed residential facility under § 138-4.435, provided it's registered with the State of Michigan and kept compatible with the neighborhood; it isn't singled out for extra zoning approval.
What extra rules apply once a Rochester Hills home cares for more than six kids?
Above six children it becomes a group child day care home under § 138-4.435(4), requiring a fenced rear-yard play area of at least 150 square feet per child (1,500 square feet minimum) and a 16-hour daily operating cap.
Do Rochester Hills day care homes need to be spaced apart from each other?
Only facilities with seven or more residents; § 138-4.435(2) requires 1,500 feet of separation between them unless the Planning Commission finds a shorter distance won't over-concentrate such facilities in one neighborhood.

Sources & Official References

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