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Fort Myers, FL Home Business: Home Daycare (2026)

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

Key Facts

RS-E, RS-5, RS-6
Day care center not a listed use
RS-7 and RS-D
Conditional use, Board of Adjustments review
RM-12, RM-16, RM-25
Day care center permitted by right
Governing provision
Land Development Code § 118.2.1
County
Lee County governs unincorporated areas only

Summary

Fort Myers treats child day care as a distinct zoning use, not a general home business: it's barred outright in the RS-E, RS-5 and RS-6 single-family districts and needs conditional-use approval in RS-7 and RS-D.

6)Convenience store without gas pumps.7)Day care center (adult or child), preschool.8)Golf course, tennis, clubhouse.9)Museum, library, community center (public).10)Police, fire, EMS substation.11)Religious institutions (See 118.3.3.B.2).12)School, public or private (K—12).e.Duplex districts (RS-D). This district is intended to accommodate single-family and two-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B, C, D, E and G for additional dimensional requirements. Permitted uses

1)Park, recreation field, beaches.2)Residential, single-family attached.3)Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).4)Residential, townhouse (See 118.3.3.A.1).5)Residential, two-family (duplex) (See 118.3.3.A.2).6)Residential, zero lot line.7)Water management structures, wells, reservoirs. Conditional uses

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 60).

Full Breakdown

Fort Myers's Land Development Code lists 'Day care center (adult or child), preschool' as its own zoning use, separate from the general home-business rules in § 118.3.4.C. The estate and lower-density single-family districts (RS-E, RS-5, RS-6) don't list it at all, so no day care can operate there. In the higher-density single-family/duplex districts (RS-7, RS-D) it's a conditional use requiring Board of Adjustments review and a public hearing under § 98.3.8. Only in the multifamily districts (RM-12, RM-16, RM-25) is a day care center permitted by right.

Violations & Fines

Operating a day care use without the required approval is a Land Development Code violation, prosecuted before the city's code enforcement board or under § 1-14 of the City Code (§ 98.1.7).

Frequently Asked Questions

Can I run a home daycare in a Fort Myers single-family neighborhood?
Only if the lot is zoned RS-7 or RS-D, and even then you need conditional-use approval from the Board of Adjustments. In RS-E, RS-5 and RS-6, a day care center isn't a listed use at all.
Does Fort Myers's home-business rule cover a home daycare?
No. Day care center is its own zoning use category under § 118.2.1, separate from the general home-business standards in § 118.3.4.C that cover other home-based work.

Sources & Official References

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Home Daycare in Nearby Cities

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Light Restrictions