Planning board debates family vs. group child-care homes and defers legal questions to city attorney

The Birmingham Planning Board spent extensive time May 14 reviewing proposed changes to the city’s childcare-related zoning language, including new language that would require family and group child-care homes to be licensed by the state.

Planning staff presented a map and inventory of licensed child-care facilities and described changes recommended after study: the draft adds a requirement that family child-care homes and group child-care homes be state-licensed and meet state requirements. Staff said the region has relatively few group child-care homes and that the changes were intended to make the city more ‘childcare friendly’ and to align local definitions with state standards.

Board members praised the family child-care-home language (1–7 children) but questioned permitting group child-care homes that could serve up to 14 children in single-family dwellings. Members pressed staff on space requirements the state imposes (35 square feet per child for indoor space and a 600-square-foot minimum outdoor area) and on staffing, parking and curb-cut impacts. Several members said locating up to 14 children on typical single-family lots would be problematic for neighborhood character and traffic.

Because the Michigan Zoning Enabling Act treats group child-care homes differently for cities and townships, several members said they were not comfortable scheduling a public hearing until the city attorney provided a written opinion on whether the city could effectively prohibit or restrict group child-care homes in particular zones. The board directed staff to refine zoning-map recommendations (which residential zones, if any, should allow group homes) and to obtain legal guidance before setting a hearing.

Next steps: staff will consult the city attorney, review zone maps for suggested locations, and bring refined language and a recommendation back to the board before a public hearing is scheduled.