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Daytona Beach, FL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Setback from industrial use
500 feet (principal use)
Outdoor play curfew
No play after 8:00 p.m.
Special Use spacing
600 feet from another facility
Yard setback rule
Greater of district or T-4 standard
Licensing
County/State license required

Summary

A child care facility in Daytona Beach must sit at least 500 feet from any industrial zoning district or existing industrial use when it is the main use on the site, under Land Development Code Section 5.2.B.7.b. Outdoor play areas cannot operate after 8:00 p.m., and a facility approved as a Special Use has to stay 600 feet from any other child care facility.

Child Care Facility. A child care facility shall comply with the following standards:i.The facility shall comply with all applicable county and State regulations regarding the licensing and operations of child care facilities.ii.Required minimum yard setbacks shall be the greater of those applicable in the zoning district where the facilities are located or those applicable in the T-4 zoning district.iii.When the child care facility is a principal use, the use shall be located at least 500 feet:(a)From any existing industrial zoning district, unless the child care facility is also permitted in the industrial zoning district.(b)From any existing industrial use, unless the child care facility is also a permitted use within the zoning district in which the existing industrial use is located. This prohibition shall not apply where the existing industrial use is not permitted within the zoning district in which it is located.iv.Outdoor play areas in the facility shall be:(a)Safely segregated from accessways, and parking, loading, or service areas; and(b)Not operated for outdoor play activities after 8:00 P.M.

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 78 | Land Development Code: Supplement 36).

Full Breakdown

b sets the use-specific standards that apply to any child care facility in Daytona Beach, on top of whatever base zoning district standards otherwise govern the site. The facility first has to comply with all applicable county and State licensing and operating regulations. Yard setbacks are pegged to whichever is larger: the setback that would normally apply in the district where the facility sits, or the setback required in the T-4 Tourist Office Retail district. Where the facility operates as the principal use of the lot, it has to sit at least 500 feet from any existing industrial zoning district, unless the facility is also a permitted use in that industrial district, and at least 500 feet from any existing industrial use, with the same carve-out if the industrial use itself is not permitted where it sits.

m. E. Where a child care facility is approved as a Special Use rather than a use permitted by right, it also has to sit at least 600 feet from any other lot containing a child care facility, and its signage is limited to a single directory sign, restrictions that do not apply to facilities allowed outright in their district.

Violations & Fines

Operating a child care facility without the required county or State license, or without meeting the 500-foot industrial-use separation, the 8:00 p.m. outdoor-play cutoff, or the 600-foot Special Use spacing rule, is a Code violation under LDC Section 10.2. The City can issue a Stop Work Order, deny occupancy or further permits, and cite the operator for a civil infraction of $100 to $250, with Code Enforcement Board fines and a lien for continued noncompliance.

Frequently Asked Questions

How far must a Daytona Beach day care be from an industrial area?
At least 500 feet from any existing industrial zoning district or industrial use when the day care is the site's principal use, under Section 5.2.B.7.b. That distance does not apply if the child care facility is itself also a permitted use within that industrial district or the nearby industrial use is not lawfully permitted where it sits.
Is there a curfew on outdoor play at a child care center?
Yes. Section 5.2.B.7.b bars outdoor play activities after 8:00 p.m. and requires the play area to be safely separated from driveways, parking, loading and service areas. The Code also requires the site to provide designated passenger drop-off and pick-up spaces under Section 6.2.E for children's safety.
How close can two child care centers be to each other?
If the facility is approved as a Special Use rather than a use allowed by right, it has to sit at least 600 feet from any other lot containing a child care facility under Section 5.2.B.7.b, and its signage is limited to one directory sign. That spacing rule does not apply to facilities permitted outright in their zoning district.

Sources & Official References

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