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Amarillo, TX Home Business: Home Daycare (2026)

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

Key Facts

Headcount cap
Up to 6 children, excluding caregiver's own dependents
Daily hours
10 hours or less of standard care per day
Extra slots
3 more children allowed for up to 3 hours
Reclassification risk
Exceeding limits makes it a Day Care Center use
Zoning fine
$1 to $2,000 per day, each day a separate offense

Summary

Amarillo's zoning code treats a home day care as its own land use with hard numeric limits. Sec. 4-10-83(a)(42) caps a Family Day Care Home at six children at a time, excluding the caregiver's own kids, for up to ten hours a day, plus room for three more children for a three-hour window.

(42)Family Day Care Home: A Housing Unit operated by a person (caregiver), where such caregiver houses people not to exceed six (6) in number, excluding the caregiver's own dependents, for care or training or both during ten (10) hours or less per day. The caregiver may house up to three (3) additional people for not more than three (3) hours per day.

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 81).

Full Breakdown

Amarillo's zoning code lists 'Family Day Care Home' as its own land-use category in the Sec. 4-10-82 Schedule of Uses (SIC 8322), distinct from a 'Day Care Center' (Sec. 4-10-83(a)(41), any establishment with more than six people) and a 'Public or Denominational Day Care Center' run by a nonprofit or religious agency. Sec. 4-10-83(a)(42) caps a Family Day Care Home at six children or care recipients at a time, not counting the caregiver's own dependents, for up to ten hours a day, and separately allows up to three more children for a short window of no more than three hours, covering situations like an early drop-off or after-school overlap.

Because 'Family Day Care Home' and 'Day Care Center' are separate zoning classifications with different SIC codes, exceeding either the headcount cap or the daily-hours limit reclassifies the operation as a Day Care Center, a different land use under the schedule that can trigger the new-use classification process in Sec. 4-10-84 or a required specific use permit under Sec. 4-10-85. This zoning classification and its numeric caps are purely local, set by the City's own definitions rather than by the State of Texas's separate child-care licensing rules.

A caregiver planning to run a home day care in Amarillo should confirm with the Planning Department which zoning districts list 'Family Day Care Home' as a permitted or specific-use-permit use before enrolling children.

Violations & Fines

Housing more than six children, beyond the allowed three additional for up to three hours, or otherwise operating outside the limits of Sec. 4-10-83(a)(42) turns the home into an unauthorized Day Care Center use, a zoning violation under Sec. 4-10-81. Sec. 4-10-4 punishes that with a fine of $1 to $2,000 per conviction, with every day of continued noncompliance a separate offense, plus a civil suit right for affected neighboring property owners.

Frequently Asked Questions

How many kids can I watch in my Amarillo home day care?
Sec. 4-10-83(a)(42) of the Amarillo Code of Ordinances caps a Family Day Care Home at six people at a time, not counting the caregiver's own dependents, for care or training of ten hours or less per day. The caregiver may also take up to three additional children for no more than three hours a day.
What's the difference between a Family Day Care Home and a Day Care Center under Amarillo zoning?
A Family Day Care Home is capped at six children, plus a limited three-hour overflow of three more, under Sec. 4-10-83(a)(42), while Sec. 4-10-83(a)(41) defines a Day Care Center as any establishment housing more than six people for care or training, a separate, more heavily regulated zoning classification.
What happens if my home day care exceeds Amarillo's headcount limit?
Going over the six-child cap beyond the allowed three-hour overflow moves the operation into the Day Care Center classification instead, which is a zoning violation under Sec. 4-10-81 if the property was only approved for a Family Day Care Home use. Sec. 4-10-4 sets the penalty at $1 to $2,000 per day of continued violation.

Sources & Official References

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