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  • MyAngels
    Member
    • Aug 2010
    • 4217

    #16
    Maybe you can apply for a zoning variance or a special use permit. I'd definitely be doing some research on your town's laws in this matter. There has to be a way around this, unless you don't have any other home based daycares in the area? If there are others then there's a way to do it. They can't all be operating contrary to the town's ordinances.

    Comment

    • Laurel
      Daycare.com Member
      • Mar 2013
      • 3218

      #17
      Like Play Care said, see if you have a STATE law that supersedes a city ordinance. We do in Florida. Maybe call your state attorney's office.

      Good luck!

      Laurel

      Comment

      • Provider_Manda
        Daycare.com Member
        • Jan 2012
        • 392

        #18
        What is so shocking is that I have several provider friends that all have home daycares, and NONE of them have ever went through zoning, nor was they ever told to.

        I am suspecting one of the church's, I know that's awful to say. But he told me they 2 church's down the road was refused a zoning permit to operate Center's. I have had my little sign up for 2 weeks, and now this, stupid little sign..

        Comment

        • Sugar Magnolia
          Blossoms Blooming
          • Apr 2011
          • 2647

          #19
          Originally posted by Provider_Manda
          What is so shocking is that I have several provider friends that all have home daycares, and NONE of them have ever went through zoning, nor was they ever told to.

          I am suspecting one of the church's, I know that's awful to say. But he told me they 2 church's down the road was refused a zoning permit to operate Center's. I have had my little sign up for 2 weeks, and now this, stupid little sign..
          Sadly, churches CAN be nasty neighbors. When I was going through the.zoning process, we had to have a neighborhood workshop open to all property owners within a certain radius. The purpose was so people could ask questions about noise, traffic, egress, trash storage, etc. The people that showed up was the Director of the church daycare. They had NOrelevant questions......only question was "Who do you think you are? We have been here. 20 years and you might take business from us.. We don't want you to.compete." She went on to.tell us trying to "hurt her business" was "in-Christian-like". The.city official moderating the meeting.said her comments had nothing to do with zoning issues and.asked her to leave.
          Hmmmmm, never once saw a Walmart NOT open because KMart.didn't like.competition.

          Comment

          • AcornMama
            Daycare.com Member
            • Jun 2013
            • 283

            #20
            Does your town's zoning department have any regulations for people running business of any kind out of their homes. Think accountants that do work at home and meet clients at home, that type of work. When I was going through licensing, I had to clear things with zoning, and where I am, I don't have to be zoned commercial, but I do have to follow all of the regulations for a home occupation. That means I'm lumped in with professionals like accountants, or someone who does computer service, or someone who makes something to sell. Just an idea...if they allow others to do other kind of work from their home as a home occupation, could you fall under the same rules?

            Comment

            • Heidi
              Daycare.com Member
              • Sep 2011
              • 7121

              #21
              In WI, it's written into the state laws that a town or city cannot require zoning for family childcare., certified or licensed.

              Comment

              • Heidi
                Daycare.com Member
                • Sep 2011
                • 7121

                #22
                Here you go!


                Comment

                • Sunchimes
                  Daycare.com Member
                  • Nov 2011
                  • 1847

                  #23
                  Originally posted by Heidi
                  happyface happyface

                  Comment

                  • craftymissbeth
                    Legally Unlicensed
                    • May 2012
                    • 2385

                    #24
                    Originally posted by Heidi
                    Yay! happyface I really hope they figure this out for you. I can only imagine how scary that's got to be happyface

                    Comment

                    • Provider_Manda
                      Daycare.com Member
                      • Jan 2012
                      • 392

                      #25
                      Originally posted by Heidi
                      OMGOSH HEIDI!!! I love you lovethislovethislovethis

                      Thank you so much, this is what I was looking for!!

                      Comment

                      • Heidi
                        Daycare.com Member
                        • Sep 2011
                        • 7121

                        #26
                        Dear Mr. Snarky Zoning Guy:

                        I am writing today regarding your recent visit to my family childcare program. During your visit, you informed me that as a Type B program in the city of Portsmouth, I am required to obtain a city permit.

                        Ohio state code 5104.054, [I]zoning for type B family daycare[/ states that: Any type B family day-care home, whether licensed or not licensed by the director of job and family services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other special exception certification for any such type B family day-care home.

                        I so glad that this has been cleared up! I trust you have bigger fish to fry, and I will therefore never see your handsome face again.

                        Sincerely,

                        Provider Manda

                        Comment

                        • Leigh
                          Daycare.com Member
                          • Apr 2013
                          • 3814

                          #27
                          Originally posted by Heidi
                          Dear Mr. Snarky Zoning Guy:

                          I am writing today regarding your recent visit to my family childcare program. During your visit, you informed me that as a Type B program in the city of Portsmouth, I am required to obtain a city permit.

                          Ohio state code 5104.054, [I]zoning for type B family daycare[/ states that: Any type B family day-care home, whether licensed or not licensed by the director of job and family services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other special exception certification for any such type B family day-care home.

                          I so glad that this has been cleared up! I trust you have bigger fish to fry, and I will therefore never see your handsome face again.

                          Sincerely,

                          Provider Manda
                          Perfect. Now go hang your sign back up! (though the SIGN may be regulated).

                          Comment

                          • AcornMama
                            Daycare.com Member
                            • Jun 2013
                            • 283

                            #28
                            Originally posted by Heidi
                            Dear Mr. Snarky Zoning Guy:

                            I am writing today regarding your recent visit to my family childcare program. During your visit, you informed me that as a Type B program in the city of Portsmouth, I am required to obtain a city permit.

                            Ohio state code 5104.054, [I]zoning for type B family daycare[/ states that: Any type B family day-care home, whether licensed or not licensed by the director of job and family services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other special exception certification for any such type B family day-care home.

                            I so glad that this has been cleared up! I trust you have bigger fish to fry, and I will therefore never see your handsome face again.

                            Sincerely,

                            Provider Manda


                            Nice investigating, Heidi!

                            Comment

                            • Scout
                              Daycare.com Member
                              • Aug 2012
                              • 1774

                              #29
                              Originally posted by Heidi
                              Dear Mr. Snarky Zoning Guy:

                              I am writing today regarding your recent visit to my family childcare program. During your visit, you informed me that as a Type B program in the city of Portsmouth, I am required to obtain a city permit.

                              Ohio state code 5104.054, [I]zoning for type B family daycare[/ states that: Any type B family day-care home, whether licensed or not licensed by the director of job and family services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other special exception certification for any such type B family day-care home.

                              I so glad that this has been cleared up! I trust you have bigger fish to fry, and I will therefore never see your handsome face again.

                              Sincerely,

                              Provider Manda
                              :: funny stuff

                              Comment

                              • TwinKristi
                                Family Childcare Provider
                                • Aug 2013
                                • 2390

                                #30
                                Yay! That's awesome!! I'm in CA and called my city to see if I needed a business license and they said no so I figured I was all clear! My dh has a business as well and we just have to have a business license for him.

                                Comment

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