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Sherman, TX Home Business: Home Daycare (2026)

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

Key Facts

Daycare definition
More than four unrelated children, 7:00 a.m. to 12:00 a.m.
Zoning approval
Use chart lists the use with specific use permit entries
Traffic study
Required with daycare development and SUP requests (§ 10.03.004)
In-home day care alarms
Single station detectors allowed for not more than 12 children
Fine
Up to $2,000 per violation, each day separate

Summary

In the City of Sherman, Texas, zoning defines a daycare as a place where more than four unrelated children are left for care between 7:00 a.m. and 12:00 a.m. in a place other than the child's own dwelling unit. Daycare requests face a traffic circulation study, and residential in-home day care has its own fire alarm exception.

Nursery, kindergarten, or daycare for children.A place where more than four (4) children (unrelated) are left for care between the hours of 7:00 a.m. and 12:00 a.m. in a place other than the child's own dwelling unit.

Full Breakdown

Section 14.08.001 of the Sherman Code of Ordinances defines "Nursery, kindergarten, or daycare for children" as a place where more than four (4) unrelated children are left for care between the hours of 7:00 a.m. and 12:00 a.m. in a place other than the child's own dwelling unit. That definition is the zoning trigger in the City of Sherman, Texas: the use chart in § 14.10.001 lists the use under that name, and its entries for the use are specific use permit entries.

Section 10.03.004(c)(3) adds a traffic requirement. All development requests and specific use permit requests for a daycare, Montessori school, private school, charter school, or public school must include a traffic circulation study with the estimated maximum peak hour trip generation, the planned circulation of inbound and outbound traffic during drop-off and pick-up, and the estimated length of the queue of cars waiting to pick up students. The site design and circulation plan must ensure that school traffic does not back up onto any public street, the owner or operator must agree to operate under the approved plan, and the city engineer must approve the plan before the request can be approved.

The local fire code amendments in § 3.04.001 also reach home daycare. Amended Section 907.2.3 requires an approved smoke detection system in group E day care occupancies. Exception (B) provides that residential in-home day care with not more than 12 children can use interconnected single station detectors in all habitable rooms, and it points to Section 907.2.6 for care of more than five children 2½ or less years of age.

The home occupation list in § 14.10.001, note [2](K), covers a separate class of businesses with no mention of child care, so the daycare definition above is the provision that sets the line for child care in a residence.

Violations & Fines

A violation of the zoning chapter in the City of Sherman is a class C misdemeanor under § 14.09.003. On conviction the fine is not more than $2,000 plus court costs, and each day the violation continues is a separate offense. The city can also seek a civil penalty of up to $1,000 per day for each violation, plus restraining orders and injunctions.

Frequently Asked Questions

How many children can I watch at home in Sherman, Texas before it counts as a daycare?
Section 14.08.001 defines daycare for children as a place where more than four unrelated children are left for care between 7:00 a.m. and 12:00 a.m. in a place other than the child's own dwelling unit. Above four, the zoning definition applies to the use.
Does the City of Sherman require a traffic study for a daycare?
Yes. Under § 10.03.004(c)(3), every development request and specific use permit request for a daycare must include a traffic circulation study covering peak hour trips, drop-off and pick-up circulation, and queue length. The city engineer must approve the circulation plan before the request is approved.
What smoke detector rule applies to in-home day care in Sherman?
The fire code amendment in § 3.04.001 requires an approved smoke detection system in group E day care occupancies. Residential in-home day care with not more than 12 children can use interconnected single station detectors in all habitable rooms, and Section 907.2.6 applies to more than five children 2½ or less years of age.

Sources & Official References

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