Melbourne, FL Home Business: Home Daycare (2026)
Key Facts
- Permitted by right in
- R-1AAA, R-1AA, R-1A, R-1B, R-2, R-3, R-4, R-P
- Prohibited in
- R-A only
- Capacity cap
- 4 infants, 6 preschoolers, or 10 total
- Governing section
- Appendix B, Art. VI, § 1(H)
- State law imported
- F.S. §§ 402.302 and 125.0109
Summary
Melbourne treats a licensed family day care home as a by-right residential use in nearly every zoning district. Table 1A permits it outright in R-1AAA, R-1AA, R-1A, R-1B, R-2, R-3, R-4 and R-P, and article VI, § 1(H) confirms it as permitted in all residential and agricultural districts under state law, with capacity capped by age group.
(H)Family day care home.(1)Family day care homes are allowed as noted on Tables 1A and 1 B, subject to the following: Per F.S. § 402.302, a family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:(a)A maximum of four children from birth to 12 months of age.(b)A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.(c)A maximum of six preschool children if all are older than 12 months of age.(d)A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.(2)A family day care home shall be a permitted use in all residential and agricultural zoned districts pursuant to F.S. § 125.0109.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32).
Full Breakdown
Appendix B, article II defines a family day care home as an occupied residence in which properly licensed child care is regularly provided for children from more than one unrelated family and which receives a payment, fee, or grant for any of the children receiving care. Table 1A marks the use 'P' for permitted in R-1AAA, R-1AA, R-1A, R-1B, R-2, R-3, R-4, and R-P, and 'N' for prohibited only in R-A, the city's sparsely developed residential holding district. 302 directly into the local code. Those tiers cap a home at four children from birth to 12 months, or three infants plus other children up to six total, or six preschoolers older than 12 months, or ten children total if no more than five are preschool age and no more than two of those five are under 12 months. 302, which local zoning enforcement can ask to see.
Violations & Fines
Operating a family day care home in R-A, where the use is prohibited, or exceeding the state's per-age-group capacity caps that article VI, § 1(H) imports into the zoning code, is a zoning violation enforceable through appendix B, article X, and can also trigger a state licensing complaint since capacity limits track F.S. § 402.302 directly.
Frequently Asked Questions
Do I need a conditional use permit to run a home daycare in Melbourne?
Which zoning district doesn't allow a home daycare?
How many children can a Melbourne family day care home serve?
Sources & Official References
Other rules in Melbourne
Florida rules heatmap·Compare Melbourne to another location·View the Florida home business overview
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Home Daycare in Nearby Cities
How other cities in Brevard County handle home daycare.