Updated: Sep 9, 2021
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Birmingham defines a daycare facility in one of three ways:
Family Daycare Home: the permanent occupant of a dwelling provides for the care of fewer than seven minor children unrelated to the caregiver for periods of less than 24 hours and must be licensed or registered by the State of Michigan.
Group Daycare Home: the permanent occupant of a dwelling provides for the care of fewer than thirteen minor children unrelated to the caregiver for periods of less than 24 hours and must be licensed or registered by the State of Michigan.
Daycare Center: a facility, other than a private residence, where childcare is provided for periods of less than 24 hours and must be licensed or registered by the State of Michigan.
Residential Daycare Facilities
The City of Birmingham allows Family and Group daycare homes as an accessory use within a personal residence in the single family zoning district classifications of R-1A, R-1, R-2, and R-3. The regulations are designed to allow for smaller scale home owner operated daycare facilities within a residential neighborhood.
The following provisions from section 5.02 of the zoning ordinance apply:
- All day care facilities must be licensed with the City of Birmingham;
- Only the caregiver and his immediate family shall reside in the home;
- The maximum number of children permitted in family or group daycare home shall not exceed that permitted by the state;
- All outdoor play areas shall be enclosed with a fence, of no less than 4 feet or more than 6 feet in height, capable of containing the children within the play area;
- Children not related to the caregiver shall not be dropped off or picked up between the hours of 8:00 pm and 7:00 am;
- There shall be no signage for a family or group daycare home;
- No family or group daycare home shall be located closer than 750 from another daycare home except as follows:1. The Planning Board may permit the location of a family or group daycare home within 750 feet of another if the Board finds the concentration of uses will not generate traffic, noise, or other nuisances in a volume greater than would normally be expected in a residential neighborhood. For all facilities within 750 feet, the applicant must provide the location of parking for caregivers and hours of operation.
- Family and group daycare homes shall operate Monday through Saturday only.
Commercial Daycare Facilities
The City of Birmingham allows child care centers as a permitted principal use in the B-2, B-2B, and B-2C general business zone districts. The conditions above do not apply for the commercial zone districts. However, for the B-1 neighborhood business zone district, child care centers are permitted with a Special Land Use Permit only.