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Fort Smith, AR Home Business: Home Daycare (2026)

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

Key Facts

Permit required
conditional use permit
Non-resident staff limit
1 employee
Children served
6 to 12
Parking
on-site, paved only

Summary

Fort Smith requires a conditional use permit for home day cares serving six to 12 children, capping outside staff at one employee who must park on-site.

The term "day care home, six to 12 children," shall mean a child care service, licensed by the state, in a single-family home that is the full-time residence of the caregiver, which cares for a limited number of children who are apart from their own family during a part of the day.

These regulations shall apply to all day care homes:

1.Day care homes are limited to the zoning districts specified in this chapter.2.Day care homes require a conditional use permit in accordance with section 27-332.3.Day care homes shall be operated in a manner that will not change the character of the residence.4.Day care homes are permitted to have no more than one employee who does not reside at the home.5.All vehicles including the employee parking space must be parked on the property and on a paved parking space. All parking and paving must comply with section 14-52 of this Code.6.All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way unless otherwise approved by the planning commission. (Code 1992, § 27-706)

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 4).

Full Breakdown

Section 27-706 of the Unified Development Ordinance defines a 'day care home, six to 12 children' as a state-licensed child care service run out of a single-family home that is the caregiver's full-time residence. These homes are limited to the zoning districts specified in the chapter and require a conditional use permit under Section 27-332. Operation cannot change the residential character of the property, and no more than one non-resident employee may work there. All vehicles, including the employee's, must park on a paved on-site space, and children must be picked up and dropped off in the driveway, not the public right-of-way.

Violations & Fines

Operating a day care home without an approved conditional use permit, or exceeding the one-employee and on-site parking limits, is enforceable under the city's zoning and general penalty provisions.

Frequently Asked Questions

Do I need a permit to run a home day care in Fort Smith?
Yes. Section 27-706 requires a conditional use permit under Section 27-332, and the home must be in a district that allows the use.
Can I hire multiple employees for my home day care?
No. Section 27-706 caps it at one employee who doesn't live at the home; anyone else must reside there.

Sources & Official References

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