Need Advice..FAST

[Provider_Manda]

I am so upset. This morning I had a visit from our township's zoning officer. He proceeded to tell me that I could NOT have a home daycare (only allowed 6 kids). When I told him I had no idea and that I was through our Jobs and family Services, he told me that it didn't matter, and that I was operating a commercial business in a residential area. He took the names down of my JFS case workers that I deal with during inspections. He then told me that I was complained about, due to have a small sign attached to my mail box.

Also found out the the 2 church's on my street was turned down to have center's due to it being a residential area. I had no idea that a home daycare would need a permit, or that it was a commercial business. Every number I call, has no idea..and I need help, and prayer..please

[craftymissbeth]

My town used to be like that. Thank goodness they changed it. Providers used to have to go through the process of zoning their home commercial in order to have a daycare

I'm assuming you already tried the zoning office?

[Provider_Manda]

There is no phone number to the zoning office..It is one guy, and that is who stopped by today. I took the sign down, so I honestly don't know if he will proceed with it or not. I am just so upset, we had no knowledge of this. And I have been operating for 2 years!

[Maria2013]

I'm so sorry this is happening to you:hug:
are there other home Daycare close to you?

...if a zoning permit is required, why did the State issue a license without it?

[Provider_Manda]

I'm so sorry this is happening to you:hug:
are there other home Daycare close to you?

...if a zoning permit is required, why did the State issue a license without it?

That is the exact question I asked. He said he would make phone calls, so I don't know what will happen. There use to be a home daycare up the road, but the provider passed away last year. Im sure someone is around me, but I just don't know about it

[Brooksie]

I'm confused as to how you were allowed to operate and be licensed without approval from zoning. I had to go through the zoning process first. Even though I'm residential all they had to do was put a sign in my yard and if no one filed a complaint for 2 weeks then I was approved. They did come and tell me I could not have a sign in my yard but that was noticed by the town itself, not through a complaint. I'm really sorry you're going through this. If you can't operate a business in your neighborhood there isn't really another option. I would call your licencor and see what they have to say.

[Leigh]

I'm so sorry this is happening to you:hug:
are there other home Daycare close to you?

...if a zoning permit is required, why did the State issue a license without it?

My city requires a permit, as well. My state licensing rep told me that they don't enforce it (the state doesn't enforce, and will issue a license) because of some disagreement with the city on the rules. Apparently, most licensed cares in my city are not licensed with the city. In MY city, I have never heard of the city shutting down a daycare.

Did the zoning person give you a notice or remedy to the issue (OTHER than closing down)? I would think that a certain number of your neighbors would have to sign an agreement to allow the daycare, OR a certain number would have to show up at a zoning meeting to fight against it.

[Play Care]

I believe in my state they can not tell me that I can't have an in home day care and that the state law allowing me to have the in home supersedes any town/county law. Something like they can't require more then the state requires.
But if that's not the case in your state then you should have been informed that when you went to open:confused: It seems bizarre your licensor wouldn't have mentioned that or it wouldn't have come up in the trainings you have to take.

[Sugar Magnolia]

Do you own your home or rent? If you own it, honestly, I see no solution other than to close or appeal to your city's zoning department. I assume there are hefty fines involved for continuing to operate. If you rent.....then I would move to an area that allows this use.
I went through 14 months of reviews to get zoning approval for my center. I had to go through the exact same process as Walmart did to be allowed to open. Unfortunately, your city may not see this as a "gray area", you are either operating a commercial business in a residential zone, or you're not. Simply taking down your sign does not mean are in the clear. I am sorry you are going through this, it's very unfortunate.

Did this man wear an identification badge of any kind? Or leave a card? Are you sure he was legit?

[Margarete]

In California you can not be restricted from opening a small family child care center, even if you are renting, you only need permission from your landlord if you are going above 6 kids. Check regulations in your area, and check with licensing. There is a possibility that this particular officer isn't familiar with rules specifically applying to 'child care' and is just seeing 'commercial business'

[momofsix]

If your licensor isn't helping you is there a resource agency in your area for child care that you could call and ask? I'd hate to rely on the word of a "one man zoning committee" for your information!
In MI you only need to go through zoning if you have a group home or a center-not a small family home.
Praying that you get this worked out!

[Provider_Manda]

I'm confused as to how you were allowed to operate and be licensed without approval from zoning. I had to go through the zoning process first. Even though I'm residential all they had to do was put a sign in my yard and if no one filed a complaint for 2 weeks then I was approved. They did come and tell me I could not have a sign in my yard but that was noticed by the town itself, not through a complaint. I'm really sorry you're going through this. If you can't operate a business in your neighborhood there isn't really another option. I would call your licencor and see what they have to say.

Well I am not licensed, I am certified. And when you get certified in Ohio (at least in my county) they never say anything about zoning laws. You meet the requirements, pass your inspection and that is it. And to do home daycare you have to live at the physical address, you cannot rent a place and operate there.

[Provider_Manda]

Do you own your home or rent? If you own it, honestly, I see no solution other than to close or appeal to your city's zoning department. I assume there are hefty fines involved for continuing to operate. If you rent.....then I would move to an area that allows this use.
I went through 14 months of reviews to get zoning approval for my center. I had to go through the exact same process as Walmart did to be allowed to open. Unfortunately, your city may not see this as a "gray area", you are either operating a commercial business in a residential zone, or you're not. Simply taking down your sign does not mean are in the clear. I am sorry you are going through this, it's very unfortunate.

Did this man wear an identification badge of any kind? Or leave a card? Are you sure he was legit?

Just left a card, and when I called the trustee the recording had his name on it. But no badge. I own my home, when you go through the process with ODJFS they never tell you anything about zoning laws, I had no idea it would be an issue. And it's all over a small sign on my mailbox

[Provider_Manda]

My city requires a permit, as well. My state licensing rep told me that they don't enforce it (the state doesn't enforce, and will issue a license) because of some disagreement with the city on the rules. Apparently, most licensed cares in my city are not licensed with the city. In MY city, I have never heard of the city shutting down a daycare.

Did the zoning person give you a notice or remedy to the issue (OTHER than closing down)? I would think that a certain number of your neighbors would have to sign an agreement to allow the daycare, OR a certain number would have to show up at a zoning meeting to fight against it.

He gave me nothing, handed me a card and told me that he would call ODJFS and a couple of other people. No documents to back up the law or anything. I cannot find anything online, and I have called the trustee, my ODJFS office and the courthouse..And of course no one knows anything

[Sugar Magnolia]

Just left a card, and when I called the trustee the recording had his name on it. But no badge. I own my home, when you go through the process with ODJFS they never tell you anything about zoning laws, I had no idea it would be an issue. And it's all over a small sign on my mailbox

I can't figure out how to post links here. Please try googling "Portsmouth Ohio zoning.laws", I did see something about an appeal process. You can fight this! Don't give up without a fight! See if your town has.a "conditional.use" route you can take.

I suspect a nasty neighbor.