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Cocoa, FL Home Business: Home Daycare (2026)

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

Key Facts

District
RU-2-15, Multiple-Family Dwelling
Approval needed
Special exception, Board of Adjustment
State license basis
Fla. Stat. ch. 402 (day care center)
District min. lot area
7,500 sq. ft. (5,000 sq. ft. some uses)
Governing rule
Appendix A, art. XI, § 5(C)(7)

Summary

In Cocoa's RU-2-15 Multiple-Family Dwelling District, a child care center, day nursery or kindergarten cannot open by right; it needs a special exception approved by the board of adjustment before it can operate, the same discretionary process the district applies to churches, private clubs and adult congregate living facilities.

(C)SPECIAL EXCEPTIONS.(1)Public parks and playgrounds.(2)Noncommercial cultural centers, social service centers, museums, galleries, community centers.(3)Private clubs and lodges.(4)Sewer lift stations.(5)Churches, rectories, parish houses, temples, synagogues, and associated buildings, including educational and recreational facilities.(6)Security mobile home located upon public property.(7)Child care centers, day nurseries, or kindergartens.

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 17).

Full Breakdown

Appendix A, Article XI, Section 5(C) of the Cocoa Code of Ordinances lists child care centers, day nurseries and kindergartens among the special exceptions available in the RU-2-15, Multiple-Family Dwelling District, alongside public parks and playgrounds, noncommercial cultural and social service centers, private clubs and lodges, sewer lift stations, churches and related buildings, security mobile homes, bed and breakfast establishments, and adult congregate living facilities. A special exception is not a use that a property owner can start on their own; Article XVII governs how the Board of Adjustment reviews and grants one, weighing the proposed child care use against the district's medium-density residential character before it can be approved, and once granted the use is not treated as a nonconforming use going forward.

Cocoa's general code separately defines a day care center, at Chapter 14, as any family or child care facility licensed by the state under Florida Statutes Chapter 402, and for enforcement purposes that definition folds in the facility's parking lot, yards, playgrounds and other outdoor areas as part of the regulated site. RU-2-15 itself carries a 7,500-square-foot minimum lot (5,000 square feet for smaller single- and multi-family buildings), forty percent maximum lot coverage and a thirty-five-foot height cap, so any approved child care use in the district still has to fit inside those same bulk limits.

Violations & Fines

Operating a child care center, day nursery or kindergarten in the RU-2-15 district without the required special exception is a zoning violation under Appendix A, Article XXIV, which the city can pursue through the Code Enforcement Board, a civil action, or criminal prosecution under Chapter 162, Florida Statutes. A conviction carries a fine of up to five hundred dollars, up to sixty days in jail, or both, on top of any Code Enforcement Board order to stop the unapproved use.

Frequently Asked Questions

Can I open a home day care in Cocoa's RU-2-15 district by right?
No. Section 5(C)(7) lists child care centers, day nurseries and kindergartens as a special exception rather than a use permitted outright, so the operator needs Board of Adjustment approval before opening one anywhere inside the RU-2-15 Multiple-Family Dwelling District.
What other uses need the same approval as a day care in this district?
The same special-exception list in Section 5(C) covers churches and related buildings, private clubs and lodges, noncommercial cultural or social service centers, bed and breakfast establishments, security mobile homes, sewer lift stations, and adult congregate living facilities, all requiring the same Board of Adjustment review.
Does the state also regulate the day care itself?
Yes. Cocoa's Chapter 14 defines a day care center as a family or child care facility licensed by the state under Florida Statutes Chapter 402, and that state license covers staffing, safety and capacity separately from the city's zoning approval.

Sources & Official References

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