Childcare and Daycare Facility Zoning in the City of Orlando
In the City of Orlando, child care facilities meeting the state definition of a "family day care home" are permitted by right in all residential zoning districts. Larger daycare centers are allowed in a wide variety of residential, office, mixed-use, and activity center districts, though the specific classification as a permitted or conditional use depends on the number of occupants. Facilities are subject to specific development standards, appearance reviews, and transportation impact fees based on their square footage.
Residential District Allowances for Childcare
The City of Orlando provides broad allowances for childcare within residential areas. According to the City of Orlando Code of Ordinances, any child care use that meets the definition of a "family day care home" under Chapter 402, Florida Statutes, is permitted in all residential zoning districts regardless of other restrictions [Figure 2, Footnote 35].
For larger facilities not classified as family day care homes, the following standards apply within the City of Orlando residential districts:
Child/Adult Day Care (6–30 Persons)
| District Type | Zoning Districts | Permission Status |
|---|---|---|
| Residential | R-1S | Prohibited |
| Residential | R-2A, R-2B | Conditional Use (C) |
| Residential | R-3A, R-3B, R-3C, R-3D | Permitted Use (P) |
Child/Adult Day Care (31+ Persons)
| District Type | Zoning Districts | Permission Status |
|---|---|---|
| Residential | R-1S, R-2A, R-2B, R-3A, R-3B, R-3C | Prohibited |
| Residential | R-3D | Conditional Use (C) |
[Source: Figure 2, Table of Allowable Uses]
Office, Mixed-Use, and Activity Center Districts
Daycare centers are widely permitted in non-residential and high-intensity districts within the City of Orlando, often requiring an appearance review to ensure compatibility with the surrounding neighborhood.
| District Type | Zoning Districts | 6–30 Persons | 31+ Persons |
|---|---|---|---|
| Mixed Residential-Office | MXD-1, MXD-2 | Permitted w/ Appearance Review (PA) | Permitted w/ Appearance Review (PA) |
| Office & Residential | O-1, O-2 | Permitted w/ Appearance Review (PA) | Permitted w/ Appearance Review (PA) |
| Office & Residential | O-3 | Permitted (P) | Permitted (P) |
| Mixed Use | MU-1, MU-2 | Permitted (P) | Permitted (P) |
| Activity Center | AC-N, AC-1, AC-2, AC-3, AC-3A | Permitted (P) | Permitted (P) |
[Source: Figure 2, Table of Allowable Uses]
Special Planning Areas
The City of Orlando manages several special districts that have unique rules for daycare facilities.
SODO Special Plan
In the SODO (South Orange Avenue/Michigan Street) Special Plan area, the following permissions apply:
- T-4 (General Urban Transect): Conditional Use (C)
- T-5 (Urban Center Transect): Permitted Use (P)
- T-6 (Urban Core Transect): Permitted Use (P) [Section 62.499, Figure 2]
Development Incentives
Child day care centers are explicitly listed as an eligible "secondary use" for developers seeking density or intensity bonuses in the City of Orlando Office and Residential, Mixed Residential-Office, Mixed Use, and Activity Center districts [Section 58.1103].
Transportation Impact Fees
All new daycare developments in the City of Orlando are required to pay a transportation impact fee. These fees are calculated per 1,000 square feet of the facility.
| Area | Fee Basis | Rate (Reflecting 15% Policy Discount) |
|---|---|---|
| Area 1A (Downtown) | per 1000 sq. ft. | $6,856 |
| Area 1B, 2 & 3 (City Other) | per 1000 sq. ft. | $7,813 |
[Source: Exhibit-A Rate Schedule]
Land Use Intensity and Proximity
Under the City of Orlando's Land Use Intensity Table, "child and adult day care centers" are categorized as Class III uses [Figure 3]. Additionally, when the City of Orlando reviews applications for Pain Management Clinics, such clinics are prohibited from being located within 1,000 feet of any childcare center [Section 58.1194].
Sections Cited
- Section 56.07 - Transportation Impact Fee Rate Schedule
- Section 58.1103 - Criteria for Approval of a Bonus
- Section 58.1194 - Dispersal of Clinics
- Section 62.200 - General Requirements (Subdivision and Building Site Design)
- Section 62.499 - SODO Special Plan
- Figure 2 - Table of Allowable Uses (and Associated Footnote 35)
- Figure 3 - Land Use Intensity Table
- Exhibit-A - Transportation Impact Fee Rate Schedule