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Wyoming, MI Home Business: Home Daycare (2026)

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

Key Facts

By-right cap
Up to 6 children in R-1
Above 6 children
Special use approval required
Home-occupation status
Day care centers excluded by definition
Governing sections
Sec. 90-401A(6), 90-402A(3), 90-208

Summary

Wyoming, Michigan permits child care for up to six children as an accessory residential use in the R-1 district by right, but the zoning ordinance's home occupation definition explicitly excludes day care centers, so larger operations need separate approval, not a home-occupation permit.

In the R-1 Residential District, the following uses shall be permitted: (1)Single-family detached dwellings. For mobile home standards see section 90-307.(2)Churches and church facilities... (6)Foster care facilities, nursery schools, day nurseries and child care facilities for the care of not more than six people as defined by the Michigan Family Independence Agency.(7)Home occupations.(8)Accessory Dwelling Units incidental to the principal permitted dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 26 Update 2).

Full Breakdown

Sec. 90-401A(6), the R-1 Residential District's principal permitted uses list, allows 'foster care facilities, nursery schools, day nurseries and child care facilities for the care of not more than six people as defined by the Michigan Family Independence Agency' as a permitted use alongside single-family dwellings, without a separate special use hearing. Once a home-based child care operation grows past six children, it falls out of the by-right category: Sec. 90-402A(3) lists 'nursery schools, day nurseries and child care facilities for the care of seven or more people' as a use requiring special approval from the planning commission, a discretionary permit rather than an as-of-right use.

Operators should also note that Wyoming's zoning definitions treat day care differently from an ordinary home business: Sec. 90-208 defines 'home occupation' and expressly states that 'day care centers, tea rooms, veterinarian's offices, tourist homes, animal hospitals, and kennels and any other similar businesses or occupations shall not be deemed to be home occupations,' so a day care cannot rely on the home-occupation rules that cover things like tutoring or craft businesses run from a residence. The six-and-under threshold, the seven-or-more special approval track, and the home-occupation exclusion together form Wyoming's regulatory structure for home-based child care, all located in Chapter 90's R-1 district provisions and definitions article.

Violations & Fines

Operating a home-based child care facility for seven or more children without special use approval from the planning commission, or operating any day care while claiming home-occupation status, violates Sec. 90-401A/90-402A and Sec. 90-208 and is enforceable as a municipal civil infraction under Sec. 1-27, with civil fines of $75, $500, and $2,500 for successive offenses within a year.

Frequently Asked Questions

How many children can a home day care serve without special approval in Wyoming, Michigan?
Up to six, under Sec. 90-401A(6), which permits child care facilities for not more than six people as an accessory residential use in the R-1 district, defined per the standard used by the former Michigan Family Independence Agency.
Can a home day care operate under Wyoming's home-occupation rules?
No. Sec. 90-208's definition of 'home occupation' expressly excludes day care centers, along with tea rooms, veterinarian's offices, tourist homes, animal hospitals, and kennels, so a day care must qualify under the child-care use categories in Sec. 90-401A or 90-402A instead.
What happens if a home day care wants to serve more than six children?
It moves out of the by-right category. Sec. 90-402A(3) requires special use approval from the planning commission for child care facilities serving seven or more people, a discretionary review rather than a use permitted automatically alongside a single-family dwelling.

Sources & Official References

Other rules in Wyoming

All Wyoming rules

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