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Daytona Beach, FL Home Business: Home Daycare (2026)

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

Key Facts

Governing section
LDC § 5.3.C.9
Use classification
Accessory to single-family dwelling only
Permitted districts
SFR-5, MFR-12, MFR-20, MFR-40, RP
Other regs
Must meet all applicable licensing rules
First-offense fine
$100 civil citation

Summary

Daytona Beach permits a family day care home only as an accessory use to a single-family dwelling, not as a stand-alone business. The Land Development Code confines the use to five zoning districts and requires compliance with every other state and local rule that already governs in-home child care.

9.Family Day Care Home. A family day care home is allowed as an accessory use to a single-family dwelling, provided it complies with all applicable regulations.

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 78 | Land Development Code: Supplement 36).

Full Breakdown

9 of the Daytona Beach Land Development Code classifies a family day care home as an accessory use tied to a single-family dwelling, meaning the use rides along with the house rather than existing as its own permitted use category. The city's Article 5 accessory-use table confines that accessory use to five base zoning districts: SFR-5, the standard single-family district; MFR-12, MFR-20, and MFR-40, the multifamily districts, where it is still tied to a single-family dwelling on the lot; and RP, the residential-professional office district.

It is not listed as permitted in any of the city's business, industrial, agricultural, or transect-code districts (T-1 through T-5), so a family day care home run out of a commercial storefront, or as an accessory structure separate from the house, does not qualify under this section. The ordinance folds in every other layer of regulation that already governs in-home child care by requiring compliance with 'all applicable regulations,' which reaches state child care licensing and any county health and life-safety requirements a family day care home must separately satisfy before it can operate.

Because the LDC text does not add its own occupancy cap, hours-of-operation limit, or parking standard specific to day care, those operational details come from whichever outside licensing regime applies, and the city's role under this section is confined to confirming the use sits on a qualifying single-family lot in one of the five listed districts.

Violations & Fines

Running a family day care home outside the five zoning districts that allow it, or operating it as a use independent of a single-family dwelling, is a Land Development Code violation enforceable under Section 10.4. The city can issue a civil citation with a $100 fine for a first violation and $250 for a repeat violation, or refer the matter to the Code Enforcement Board or a Special Magistrate for a per-day administrative fine that can become a lien on the property under Chapter 162, Florida Statutes.

Frequently Asked Questions

Can I open a family day care home in a Daytona Beach apartment?
Only if the day care operates as an accessory use tied to a single-family dwelling in one of the five zoning districts the code lists: SFR-5, MFR-12, MFR-20, MFR-40, or RP. A day care run independently out of a rented apartment unit does not fit this accessory-use category.
Does the city set a limit on how many children I can watch?
No. Section 5.3.C.9 does not set its own child-count cap, hours, or parking rule; it only confirms the use is allowed as an accessory to a single-family home in the listed districts and requires compliance with all other applicable regulations, including state child care licensing.
What zoning districts allow a family day care home?
Just five: SFR-5, MFR-12, MFR-20, MFR-40, and RP, per the Article 5 accessory-use table in the Daytona Beach Land Development Code. It is not permitted in the city's business, industrial, or transect-code districts.

Sources & Official References

Other rules in Daytona Beach

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