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Palm Bay, FL Home Business: Home Daycare (2026)

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

Key Facts

Small home daycare
Up to 10 children, by right
Large home daycare
Up to 12 children, conditional use
Large FDCH by-right districts
RM-15, RM-20 only
Large FDCH conditional-use districts
RS-2, RS-3, RT-10
Not permitted district
GU (General Use)

Summary

Small family day care homes (up to 10 children) are permitted by right in nearly every Palm Bay residential zoning district; large homes need conditional use approval in most districts.

Tables 173-1, 173-2 and 173-3 list the uses that are permitted in the various zoning districts. Uses not expressly listed in the tables as Permitted (P) or Conditional (C) are prohibited and shall not be established in that district. If a question arises as to the interpretation of any permitted uses, such interpretation shall be made by the City Manager or designee. A mix of uses on a single site is allowed in all districts, except the single-family districts, provided the proposed uses are allowed in the applicable district. If any use in a proposed mixed-use development requires conditional use approval, the entire mixed-use site must be reviewed under the conditional use process. TABLE 173-1. USES IN RESIDENTIAL DISTRICTS USE See Section GU RR RE SRE RS-1 RS-2 RS-3 RT-10 RMH RM-15 RM-20

AGRICULTURE USES Agriculture P P Agricultural 174.032 C C products sales Keeping or raising for sale of horses, ponies, cows and other livestock provided that P P the total of all such animals shall not exceed one (1) for each one-half (0.5) acre of lot

area.

Keeping or raising for sale of small P P domestic animals, birds

or fish.

Keeping or raising for sale of small farm animals, such as goats, chickens, pigs, and other small animals typically P found on a farm, provided the total of all such animals shall not exceed five (5) for each one-half (0.5) acre of lot area.(4) RESIDENTIAL USES

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-41: Supplement contains: Local legislation current through Ord. 2026-13, passed 5-21-26).

Full Breakdown

Palm Bay's Land Development Code splits home-based child care into two zoning categories under Table 173-1. A small family day care home, capped at 10 children under the code's capacity formula, is a permitted (P) use in every residential district except GU. A large family day care home, capped at 12 children with two full-time staff on site, needs City Council conditional use (C) approval in the RS-2, RS-3, and RT-10 districts, and is permitted by right only in the RM-15 and RM-20 multi-family districts; it is not allowed at all in GU, RR, RE, SRE, RS-1, or RMH.

Violations & Fines

Operating a large family day care home without the required conditional use approval is an illegal land use; the City Manager or designee can issue a written violation notice and order the use discontinued under § 170.006.

Frequently Asked Questions

Do I need a zoning permit for a small home daycare in Palm Bay?
No conditional use hearing is required: small family day care homes (up to 10 children) are a permitted use in almost every Palm Bay residential zoning district under Table 173-1.
Can I run a large family day care home in a single-family district?
Only with City Council conditional use approval in RS-2, RS-3, or RT-10; large day care homes are permitted by right only in the RM-15/RM-20 multi-family districts.

Sources & Official References

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