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

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

Key Facts

Minimum lot area
8,000 square feet
Outdoor play area
800 sq ft, fenced, rear yard
Perimeter fence height
4 feet minimum
Equipment/dumpster setback
50 ft from residential line
Max operating hours
18 hours per day
Family day care cap
5 children enrolled

Summary

Palm Beach Gardens sets numeric standards for child and adult day care centers under Code section 78-153(35): an 8,000-square-foot minimum lot, an 800-square-foot fenced rear-yard play area in residential districts, and equipment kept 50 feet from any abutting residential line. Family day care homes are capped separately at five children and 18 operating hours a day.

(35)Day care, child or adult. Child or adult day care facilities shall conform with the applicable standards listed below.a.Shall be licensed by and comply with all requirements of the Palm Beach County Health Department, including Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, Special Acts, Laws of Florida.b.The minimum lot area shall be not less than 8,000 square feet.c.If required, a fenced outdoor recreation area of not less than 800 square feet shall be provided. The outdoor area shall be located in the rear yard in all day care centers located in residential zoning districts.d.A day care center shall not exceed the maximum number of children or adults approved by the city council.e.Shall operate not more than 18 hours per day. ... g.A four feet high fence or wall shall be installed along the perimeter of the outdoor play or activity area. ... i.All stationary play equipment, dumpsters, garbage cans or recycling bins, and similar equipment shall be located at least 50 feet from any abutting residential property line.

Full Breakdown

Section 78-153(35) of the Palm Beach Gardens Code governs child and adult day care center site plans reviewed by the Growth Management Department. The facility must be licensed by and comply with the Palm Beach County Health Department under Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620. The minimum lot area is 8,000 square feet. Where an outdoor recreation area is required, it must be at least 800 square feet, enclosed by a four-foot-high fence or wall, and in residential zoning districts that play area has to sit in the rear yard.

The city council, not a fixed citywide formula, sets the maximum number of children or adults a given center may serve as part of its approval, and the center cannot operate more than 18 hours a day. Any stationary play equipment, dumpsters, garbage cans, or recycling bins must be located at least 50 feet from an abutting residential property line, keeping activity away from neighboring homes. A separate standard, section 78-153(36), covers family day care run out of a residence: it must meet the same Palm Beach County Health Department licensing chapter, cap enrollment at five children, and stay within the same 18-hour daily limit as a full center.

Both tracks require Growth Management sign-off before a certificate of occupancy or business tax receipt issues, on top of whatever building and fire codes the facility also has to meet.

Violations & Fines

A day care center that exceeds the number of children or adults its development order authorizes, drops its required fence or 50-foot equipment setback, or runs past 18 hours a day is out of compliance with section 78-153 and subject to the city's code enforcement process, which in Palm Beach Gardens is heard by a special magistrate rather than a municipal court.

Frequently Asked Questions

How big does a lot need to be for a day care center in Palm Beach Gardens?
Section 78-153(35) sets an 8,000-square-foot minimum lot area for a child or adult day care center. If the site sits in a residential zoning district, it also needs a fenced, 800-square-foot outdoor recreation area in the rear yard, enclosed by a four-foot fence.
Is there a limit on how many children a day care center can enroll?
Yes. Under section 78-153(35)(d), the city council sets the maximum number of children or adults a day care center may serve as part of its development approval rather than a fixed citywide number. Family day care homes, covered separately by section 78-153(36), are capped at five children.
What hours can a day care operate in Palm Beach Gardens?
Both day care centers and family day care homes are limited to 18 hours of operation per day under sections 78-153(35)(e) and 78-153(36)(d) of the city code.
Who licenses a day care facility in Palm Beach Gardens?
Day care facilities must be licensed by and comply with the Palm Beach County Health Department under Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, per section 78-153(35)(a); family day care homes must also meet F.S. Chapter 402.

Sources & Official References

Other rules in Palm Beach Gardens

All Palm Beach Gardens rules

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