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Phoenix, AZ Home Business: Home Daycare (2026)

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

Key Facts

By-right cap
Up to 6 dependents
7-12 dependents
Use permit required
Play area screening
6-ft hedge, fence, or wall
Operating hours (7-12 tier)
6 a.m.-10 p.m.
Resident's own kids under 12
Not counted toward cap

Summary

Phoenix zoning allows a home-based dependent care facility for up to six children by right in every residential district; seven to twelve children require a use permit and added conditions.

Dependent care facility for up to six dependents, subject to the following conditions: a. Resident dependents under the age of 12 years shall not be counted. b. Outdoor play areas shall be screened from adjacent properties by a six-foot-high landscape hedge, solid fence, or solid wall. c. The employees must reside at the facility unless a nonresident employee is required by the Arizona Department of Health Services.

Source: Phoenix Zoning Ordinance Section 608.E.3.c – Residential Districts (Home Daycare / Family Childcare)View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance G-7524, passed June 17, 2026).

Full Breakdown

The Zoning Ordinance treats a home childcare business as a "dependent care facility." Up to six dependents is permitted by right in the RE-35 through R-4A residential districts (and PAD), with outdoor play areas screened by a six-foot hedge, fence, or wall, and the caregiver generally required to live on site. The operator's own resident children under 12 aren't counted toward the six-child cap. Seven to twelve dependents bumps the home into use-permit territory, with added hour limits (6 a.m.-10 p.m.), parking for non-resident staff, and a sign ban; 13 or more requires a use permit as a full dependent care facility.

Violations & Fines

Operating an unpermitted dependent care facility above the by-right threshold, or without required screening/on-site caregiver conditions, is a zoning code violation subject to Planning and Development Department enforcement.

Frequently Asked Questions

Can I run a home daycare in Phoenix without a permit?
Yes, for up to six dependents in a residential zoning district, subject to screening and residency conditions in Zoning Ordinance § 608.E.15.
How many kids trigger a use permit?
Seven or more dependents requires a use permit under § 608.E.16, with added hours-of-operation and staffing conditions.

Sources & Official References

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