Birmingham allows family day care homes and family group care homes as home occupations under the Zoning Ordinance (No. 90-130, Title 1, Ch. 4, Art. IV, Sec. 1.F), with special allowances: up to six patrons at one time, limited non-resident staff, and outdoor play or seating areas. State child-care licensing through the Alabama Department of Human Resources applies separately under Ala. Code Title 38, Chapter 7.
Day care homes are expressly listed as a permitted home occupation in Birmingham (Zoning Ordinance Title 1, Ch. 4, Art. IV, Sec. 1.F.14.c, referencing Article II, Section 3, Item C). The home-occupation standards build in accommodations for child care: while non-resident employees are generally barred, Family Care Homes may have one non-resident substitute employee and Family Group Homes may have one non-resident employee plus one substitute (not on premise at the same time). The two-client cap is relaxed for these uses - 'family care homes may have up to 6 patrons at one time' - and although a home occupation must otherwise be conducted entirely indoors, the ordinance specifically allows that 'a family day care home or family group care home may include outdoor play and/or seating areas.' Birmingham's general home-occupation conditions (no external structural alterations, signage limits, business license and Home Occupation affidavit) still apply. In addition, child day care in Alabama is licensed by the Department of Human Resources under Alabama Code Title 38, Chapter 7, and the Zoning Ordinance reminds operators that a City license does not eliminate compliance with Jefferson County Health Department, fire/safety, and building codes.
Operating a home daycare beyond the patron limits, with prohibited outdoor structures or excess staff, or without the required City business license and Home Occupation affidavit, violates the Zoning Ordinance and is enforced by Planning, Engineering and Permits. Operating without the required state child-care license is separately enforceable by the Alabama Department of Human Resources under Ala. Code Title 38, Ch. 7.
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