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Maricopa County, AZ Home Business: Home Daycare (2026)

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

Key Facts

Max children
4 under compensated care
Operator residency
Must live in the home
Outdoor space
75 sq ft per child, enclosed
Pickup/drop-off curfew
None 10 p.m.–6 a.m.
Zoning status
Permitted, all residential districts

Summary

In unincorporated Maricopa County, a home daycare for up to four children is a by-right use in every residential zoning district, but only if it meets seven operating conditions in the zoning code.

City-specific rules exist: Scottsdale, Surprise, Gilbert, Phoenix, Tempe, Glendale, Mesa, Goodyear, and Chandler have their own home daycare rules that differ from Maricopa County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

1. The owner/operator of the daycare shall reside in the dwelling unit in which the daycare operates. 2. The rear and/or side yard is enclosed and provides a minimum of 75 sq. ft. per each child occupying the outdoor activity area. ... 4. The total number of children under compensated care shall not exceed four (4) at any one time. ... 7. No pick-up or drop off of children shall be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m.

Source: Arizona State LegislatureView official code

Full Breakdown

The MCZO lists "Home daycare for up to four (4) children" as a permitted use across all residential districts, from Rural-190 through R-5, without a special use permit. Article 602.4's conditions require the operator to live in the home, a fenced rear or side yard with at least 75 square feet of outdoor space per child, no signage or advertising revealing the business, no listing of the home address in ads, no exterior alteration signaling a business, and no drop-offs or pick-ups between 10:00 p.m. and 6:00 a.m. Exceeding four children under compensated care at once takes the use outside this permitted category entirely.

Violations & Fines

Operating outside these conditions is a zoning violation and a public nuisance under MCZO § 1202; it is a class 2 misdemeanor under § 1203, with each day of continued violation a separate offense, or the County may pursue civil penalties instead.

Frequently Asked Questions

Do I need a special use permit for a home daycare in unincorporated Maricopa County?
No. Caring for up to four children is a permitted use in every residential zoning district if you meet the seven MCZO § 602.4 conditions.
Can I put up a sign advertising my home daycare?
No. MCZO § 602.4 bars signs, advertising, or any exterior sign of the business, and bars listing the home address in ads.

Sources & Official References

Other rules in Maricopa County

All Maricopa County rules

Compare Maricopa County to another location·View the Arizona home business overview

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Home Daycare in Cities Across Maricopa County