Decatur, AL Home Business: Home Daycare (2026)

Article IV of the zoning chapter (§§ 25-90 to 25-96) governs home day care facilities, defined in § 25-92 as a child care facility that is primarily a family home and is licensed by the state. It sets four types: a day care home (not more than six children, during the day, not after 7:00 p.m.), a nighttime home (not more than six children, twenty-four hours a day), a group day care home (seven to twelve children, during the day, not after 7:00 p.m.) and a group nighttime home (seven to twelve children, twenty-four hours a day).

Section 25-93(a) permits home day care facilities in ID institutional districts. In R-1, R-2, R-3 and PRD, except districts with the historic designation, day care homes, nighttime homes and group day care homes can be permitted by the board of zoning adjustment as a use permitted on appeal, and the printed text carries the qualifier between the hours of 2:00 p.m. and 7:00 p.m. In AG-1 and AG-2 the same three types can be permitted on appeal. Group nighttime homes are not named in those paragraphs, and § 25-93(d) prohibits home day care facilities in all other zoning districts, including designated historic districts.

Section 25-94 sets the operating standards: a single-family detached dwelling, family-member employees plus the caregiver on record at the department of human resources, no identification signs, 500-foot and 300-foot spacing, and a fenced play area. It also bars structural or decorative alterations that change the single-family character, requires exterior additions to meet lot size and setbacks for the district, and restricts play equipment to rear or side yards. On a major arterial (collector street or above under the city master plan), an off-street drop-off and pickup area is required. Before operating, the operator files a copy of the state license with the revenue department, and approval stays conditional until then.

The process under § 25-95 starts with an application to the building director. The board of zoning adjustment holds a public hearing at a regular meeting and can approve, approve on condition, or deny.