Troy, MI Home Business: Home Daycare (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?
Do I have to own the house I run day care from?
Can I run a licensed home day care in a Troy business district?
What if my home day care runs without a state license?
Sources & Official References
Other rules in Troy
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