Mobile, AL Home Business: Home Daycare (2026)
Key Facts
- Accessory tier
- Up to 6 children, no permit, by right in most districts
- Conditional use tier
- 7-12 children needs a city council conditional use permit
- Parking (7-12 children)
- 2 spaces plus 1 per employee plus 1 per 3 children
- Outdoor play area
- Fenced or walled at least 4 feet high
- Residency requirement
- Operator must live in the home as primary residence
- Appeal window
- 42 days to Mobile County Circuit Court
- Permit expiration
- Expires if no construction permit is pulled within 2 years
Summary
Mobile, Alabama lets a resident run a home-based child day care for up to six children as an accessory use in nearly every residential and business zoning district, no separate permit required. Care for seven to twelve children needs a city council conditional use permit under Sec. 64-5-6, with fixed parking, floor-space, and a four-foot fenced play yard.
(d)Daycare, child (home based 7-12 children).(1)All parking shall comply with the parking requirements of article 3, section 12, except that the parking and driveway may be of an approved alternative paving surface...(2)The following minimum amount of off-street parking must be provided:a.The minimum number required for residences as set forth in section 64-3-12 and table 64-3-12.1 (i.e., two (2) per dwelling unit for a single-family detached dwelling); plus b.One (1) space for reach employee who is not a full-time permanent resident of the home; plus c.One (1) space for every three (3) children that the home daycare is licensed to serve by the department of human resources.(3)The indoor floor space of the home must be adequate in size to accommodate the number of children served but in no event may be less than the number required by applicable regulations of the department of human resources.(5)The outdoor play area shall be enclosed by a fence or wall at least four (4) feet in height.(6)The home must be the primary residence of the operator of the daycare.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 67).
Full Breakdown
1) lists 'Day care, child, home based (no more than six children)' as an accessory use, marked 'A', in R-A, R-1, R-2, R-3, R-B, H-B, B-1, T-B, LB-2, B-2, B-3, B-4, and ML zoning districts, meaning a resident can run the day care without a separate zoning permit as long as it stays accessory to the home. Once a home day care serves seven to twelve children, the use table marks it 'C', conditional use, in the R-A through B-1 districts (allowed by right, 'R', in T-B, LB-2, B-2, B-3 and B-4).
A conditional use permit for the larger tier goes through Sec. 64-5-6: the operator applies to the director, the planning commission holds a hearing and forwards a recommendation to the city council within 15 days, and the council must hold its own public hearing before approving, approving with conditions, or denying the permit. 11(d) sets the operating standards: off-street parking must equal the two spaces required for a single-family home plus one space per non-resident employee plus one space per three licensed children; indoor floor space and outdoor play area must meet Alabama Department of Human Resources licensing minimums; the outdoor play area must be enclosed by a fence or wall at least four feet high; and the operator must live in the home as a primary residence.
The definitions in Sec. 64-8-2 draw the line precisely at six children for the by-right tier and seven-to-twelve for the conditional-use tier. A conditional use permit expires if no construction permit is pulled within two years, and a denied application may not be refiled for the same site for six months.
Violations & Fines
Operating a seven-to-twelve-child home day care without the Sec. 64-5-6 conditional use permit is a zoning violation enforceable by Mobile's planning and zoning department; the city can withhold a certificate of occupancy or business license until conditions are met. A denied or withdrawn conditional use application cannot be resubmitted for the same site for six months. Appeals of a city council decision go to the Mobile County Circuit Court within 42 days of the council's action.
Frequently Asked Questions
Do I need a permit to run a home day care for 4 children in Mobile?
What if I want to care for ten children in my Mobile home?
How many parking spaces does a 7-12 child home day care need in Mobile?
Can the day care operator live somewhere else?
Sources & Official References
Other rules in Mobile
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