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Troy, MI Home Business: Home Daycare (2026)

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

Key Facts

Capacity
1 to 6 minor children, unrelated to operator
Owner-occupancy
Operator must own and live in the home
Zoning status
Permitted use in all residential districts
Non-residential districts
Family day care homes are prohibited
State license
Required for the residential-use exemption

Summary

Troy treats a licensed family day care home as an ordinary residential use. Section 6.09.A of the Zoning Ordinance allows it by right in every residential district as long as the operator owns and lives in the home and holds a state license; the same use is flatly prohibited in every non-residential district.

FAMILY DAY CARE HOME: A private home in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The term "family day care home" includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year. The owner of the family day care business must also be the owner and resident of the private home. ... A. Family Day Care Home. A state-licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts. Family day care homes shall be prohibited in all other districts.

Full Breakdown

Section 2.02 defines a FAMILY DAY CARE HOME as a private home where one but fewer than seven minor children receive care and supervision for less than 24 hours a day, unattended by a parent or guardian, other than the operator's own relatives. The definition sweeps in any home that cares for an unrelated child for more than four weeks in a calendar year. Critically, the ordinance ties the zoning permission to ownership: the person running the family day care business must also own and live in the private home being used, so a tenant or a business leasing a house purely to run day care from it does not qualify for the residential-use exemption.

Section 6.09.A then sets the zoning consequence directly: a state-licensed family day care home is deemed a residential use of property and is a permitted use in every one of Troy's residential districts. The flip side is absolute: the ordinance prohibits family day care homes in all other districts, meaning an office, retail or industrial-zoned property cannot host one no matter how small the group of children. Because the use is licensed at the state level but zoned at the city level, an operator needs both the state license and compliance with the owner-occupancy and residential-district rule to run legally in Troy.

Violations & Fines

An unlicensed home day care, or one run from a rented rather than owner-occupied home, is a zoning violation under Section 3.08: a Municipal Civil Infraction enforceable under Chapter 100 of the City Code, with each day of continued operation counted as a separate offense. The City can also declare the use a public nuisance per se and pursue court-ordered abatement, fines and costs on top of the infraction ticket.

Frequently Asked Questions

How many kids can a Troy family day care home watch?
Section 2.02 caps a family day care home at one but fewer than seven minor children, so no more than six unrelated or non-resident children can be in care at once; children related to the operator by blood, marriage or adoption are not counted.
Do I have to own the house I run day care from?
Yes. Section 2.02 specifically requires the owner of the family day care business to also be the owner and resident of the private home, so leasing a house to operate day care does not qualify for the residential zoning exemption in Section 6.09.A.
Can I run a licensed home day care in a Troy business district?
No. Section 6.09.A permits a state-licensed family day care home only as a residential use in residential districts and expressly prohibits the use in every other district, regardless of how the property is otherwise used.
What if my home day care runs without a state license?
It loses its residential-use protection under Section 6.09.A, which only covers a state-licensed family day care home, and becomes a zoning violation subject to the Municipal Civil Infraction penalties in Section 3.08, enforced the same way as any other unauthorized commercial use in a residential district.

Sources & Official References

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