Gilbert, AZ Home Business: Home Daycare (2026)
Key Facts
- Use class
- Residential Day Care, 6-10 children/adults
- Max non-family staff
- 1 full-time-equivalent employee
- Play-area screening
- 6-ft solid wall/fence, self-latching gate
- Separation
- 300 ft between homes on same street
- Licensing
- Must meet Arizona state day-care license
- Max civil fine
- $500 per violation (LDC § 6.12.6)
Summary
Running a home daycare in Gilbert as a Residential Day Care use, six to ten children or adults under Land Development Code § 2.0, is allowed only as an accessory use meeting Land Development Code § 5.1.4. The rule caps outside staff at one full-time-equivalent employee, requires a screened six-foot play-area enclosure, and sets a 300-foot separation from any other home daycare on the same street.
B. Employees Other than family members residing within the dwelling unit located on the lot or parcel, there shall be no more than one full time equivalent employee working at the Residential Day Care use. ... D. Screening All outdoor recreation/play areas shall be completely screened and enclosed by a minimum six (6) foot high solid wall or fence with solid self-closing and self-latching gates. E. Separation The minimum separation between Residential Day Care uses on the same street shall be 300 feet, as measured from the closest property lines.
Full Breakdown
4 of the Gilbert Land Development Code sets the standards a homeowner must meet to run a Residential Day Care. 0 'Day Care' definition puts this use class at six to ten children or six to ten adults; anyone caring for five or fewer falls instead under the separate Home Occupation Day Care rules. B). C). D). E). H). I).
Violations & Fines
Zoning Code violations, including running an oversized or non-compliant Residential Day Care, are enforced under Land Development Code § 6.12: the Code Compliance Manager or a Town of Gilbert Police Officer issues a citation, and the Municipal Court imposes a civil fine of up to $500 per violation, with each day of continued noncompliance a separate offense. A property owner cited three or more times within 24 months becomes a 'habitual offender,' facing a Class 1 Misdemeanor with up to six months in jail, a mandatory minimum $500 fine, and a maximum $2,500 fine.
Frequently Asked Questions
How many kids can I legally watch in my Gilbert home?
Do I need to fence my backyard play area?
Can two home daycares operate on the same block?
Can I hire help for my home daycare?
What happens if my home daycare doesn't meet zoning standards?
Sources & Official References
Other rules in Gilbert
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Home Daycare in Nearby Cities
How other cities in Maricopa County handle home daycare.