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Scranton, PA Home Business: Home Daycare (2026)

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

Key Facts

Family day care home size
4-6 unrelated children
Zoning status
"P", Permitted Use by Right
State registration
Required with PA Dept. of Public Welfare
Accessory-use ceiling
6 or fewer unrelated children, no permit
Principal-use trigger
7+ children needs § 445-41U standards

Summary

Scranton's zoning code allows a "Day Care Home, Family," caring for four to six unrelated children and registered with the state, as a Permitted Use by Right in residential districts such as § 445-12E's Suburban Single Family Residential District. Caring for six or fewer unrelated children as an accessory home use needs no district review at all.

DAY CARE HOME, FAMILY: A premises in which child day care is provided at any one time to between four to six children or more who are not relatives of the provider of the child day care, where such facility is required to be registered with the PA Department of Public Welfare under the PA Public Welfare Code. DAY CARE HOME, GROUP: A State licensed facility in which care is provided for more than six but less than 12 children, at any one time, if care is provided in a facility where the childcare areas are being used as a family residence. ... E. ... 6 Suburban Single Family Residential. ... Day care home, family P

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4719898; v25 updated 2025-12-16; through 12-16-2025).

Full Breakdown

where such facility is required to be registered with the PA Department of Public Welfare," and separately defines DAY CARE HOME, GROUP as a state-licensed facility caring for "more than six but less than 12 children" inside a residence used as a family home. The district use tables in § 445-12 list "Day care home, family" as "P," Permitted Use by Right, in residential districts including the R-6 Suburban Single Family Residential District at § 445-12E, so a resident registered with the state does not need a conditional-use hearing or special exception to run one out of the house.

Below that threshold, § 445-8's DAY CARE CENTER, CHILD definition carves out an even lighter tier: care of one to three children is exempt from the chapter entirely, and caring for up to six unrelated children as "(Child) Day Care Center, as an Accessory Use" is treated as incidental to the residential use rather than a separate principal use requiring its own zoning line. limit on outdoor play near neighboring dwellings.

Violations & Fines

Chapter 445 imposes no separate fine for the day-care-home use itself since it is permitted by right; a home day care that exceeds its permitted headcount and crosses into the § 445-41U principal-use threshold without meeting that section's lot-area, setback, and fencing standards is treated as an unpermitted use or expansion, enforceable through the Zoning Officer and the Municipalities Planning Code's zoning enforcement and appeal procedures, 53 P.S. § 10101 et seq.

Frequently Asked Questions

How many children can I watch out of my Scranton home without a special zoning permit?
Up to six unrelated children without triggering a separate zoning process: caring for one to three is exempt from Chapter 445 entirely, and up to six qualifies as an accessory day care use under § 445-8. A registered "Day Care Home, Family" for four to six children is listed as a Permitted Use by Right in residential districts such as § 445-12E.
Does a home day care in Scranton need to be licensed by the state?
Yes, once it reaches four or more unrelated children. Section 445-8 defines DAY CARE HOME, FAMILY as requiring registration with the Pennsylvania Department of Public Welfare, and DAY CARE HOME, GROUP, for seven to eleven children in a residence, as a state-licensed facility, in addition to whatever the City's zoning table permits.
What zoning standards apply if my home day care grows past six children in Scranton?
It becomes a Day Care Center as a Principal Use under § 445-41U, which in residential districts requires a minimum 6,000-square-foot lot, a five-foot setback from an abutting residential lot line, a four-foot fence around any routine outdoor play area, and outdoor play limited to 7:30 a.m. to 9:00 p.m. within 100 feet of a neighboring dwelling.

Sources & Official References

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