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Lake Havasu City, AZ Home Business: Home Daycare (2026)

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

Key Facts

Governing section
§ 14.03.03B.3
Minimum children served
5 children
Maximum without CUP
10 children through age 12
Above 10 persons total
Conditional use permit required
Outdoor play fence
At least 5 feet high
State compliance
State licensing/certification required
General penalty
Up to $2,500 fine / 6 months

Summary

Lake Havasu City zoning caps day care facilities at 10 children through age 12 (minimum 5) without extra review, requires a 5-foot fence around outdoor play areas, and demands compliance with state licensing. Serving more than 10 people at any location requires a conditional use permit from Development Services.

3. Day care facility. a. Facilities for more than 10 persons require a conditional use permit. b. Day care facilities for children shall accommodate no less than 5 children but no more than 10 children through the age of 12 years and shall provide a fence at least 5 feet in height around outdoor play areas. c. Day care facilities shall comply with all state licensing and certification requirements.

Full Breakdown

Development Code § 14.03.03B.3 sets the use-specific standard that governs every day care facility use in the city, including those run from a residence. A facility that accommodates more than 10 persons total must obtain a conditional use permit before Development Services will approve it; that threshold applies regardless of the underlying zoning district. For facilities serving children specifically, the code fixes a band: no fewer than 5 and no more than 10 children through age 12 may be accommodated, and an outdoor play area must be enclosed by a fence at least 5 feet high.

The code layers a third requirement on top of the zoning limits: every day care facility, home-based or not, must comply with all Arizona state licensing and certification requirements, so a valid Department of Health Services or Department of Child Safety credential is a prerequisite the Zoning Administrator will check alongside the local permit. Day care facility is listed as its own land use category in the Permitted Use Table (Table 3-1) at § 14.03.03B.3, appearing as a permitted or accessory use across most residential and mixed-use districts, with the accommodation and fencing standards applying wherever it is sited.

Operators should read the fence height and headcount numbers together with the state license requirement before opening, since the city treats all three as conditions of legal operation rather than optional guidance.

Violations & Fines

Operating a day care facility without the required conditional use permit, without the mandated outdoor play fence, or without current state licensing is a violation of the Development Code. Under the citywide general penalty at § 1.08.010, any person found guilty of violating a provision of the code is guilty of a misdemeanor punishable by a fine of up to $2,500, imprisonment up to 6 months, or both, with each day a violation continues charged as a separate offense.

Frequently Asked Questions

How many children can a home daycare in Lake Havasu City serve?
The Development Code sets a band of no fewer than 5 and no more than 10 children through age 12 for a day care facility use under § 14.03.03B.3. Any facility, home-based or otherwise, that accommodates more than 10 persons total needs a conditional use permit from Development Services before it can operate legally.
Is a fence required around the outdoor play area?
Yes. Section 14.03.03B.3 requires day care facilities for children to provide a fence at least 5 feet in height around any outdoor play area. This applies regardless of the zoning district the facility sits in, and inspectors check for it as part of code compliance.
Does the city require its own license on top of the state's?
The zoning code itself does not layer on a separate city day care license; instead § 14.03.03B.3 requires the facility to comply with all state licensing and certification requirements. A conditional use permit is the local land-use approval that applies once the facility serves more than 10 persons.
What happens if a home daycare exceeds 10 children?
Once a facility accommodates more than 10 persons, § 14.03.03B.3 requires a conditional use permit, which means Development Services and likely the Planning and Zoning Commission must review and approve the use before it can legally expand beyond the by-right headcount.

Sources & Official References

Other rules in Lake Havasu City

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