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Jefferson County, CO Home Business: Home Daycare (2026)

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

Key Facts

Small home
Up to 6 children, max 2 under two
Large home
7 to 12 children, assistant at nine
Where allowed
Residential districts, Section 30 table
State license
8 CCR 1402-1 § 2.306
Definition date
Orig. 07-17-18

Summary

Jefferson County's Zoning Resolution recognizes two home day-care uses. A Day-Care Home, Small cares for up to 6 children from birth to eighteen with no more than 2 under two years old, plus 2 school-age children; a Day-Care Home, Large cares for 7 to 12 and needs an assistant once nine or more are present. The state license itself now runs under 8 CCR 1402-1 § 2.306, which counts infants as those under 18 months.

City-specific rules exist: Lakewood, and Arvada have their own home daycare rules that differ from Jefferson County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

DAY-CARE HOME - SMALL: A dwelling in a Residential Zone District or a Planned Development in which residential uses are allowed on the property, where care is provided for up to six (6) children from birth to eighteen years of age with no more than two (2) children under two years of age. Care also may be provided for no more than two (2) additional children of school age attending full-day school. School-age children include children six years of age and older who are enrolled in the first grade or above. Residents of the home under twelve years of age who are on the premises for supervision are counted against the approved capacity. (orig. 07-17-18) DAY-CARE HOME - LARGE: A dwelling in a Residential Zone District or a Planned Development in which residential uses are allowed on the property where care is provided for seven (7) to twelve (12) children. Child care may be provided to children from birth to eighteen years of age. The provider needs an assistant when the nine or more children are present. Care may not be provided to more than two (2) children under two years of age. (orig. 07-17-18) ... [8 CCR 1402-1] 2.306 A REGULAR FAMILY CHILD CARE HOME A. A regular family child care home (FCCH) license allows a provider to care for up to six (6) children from birth to eighteen (18) years of age with no more than two (2) children under eighteen (18) months of age.

Source: Jefferson County Zoning ResolutionView official code

Full Breakdown

The county definitions, adopted July 17, 2018, sit in the Definitions section of the Jefferson County Zoning Resolution. A Day-Care Home, Small is a dwelling in a Residential Zone District, or in a Planned Development that allows residential uses, where care is provided for up to six (6) children from birth to eighteen years of age with no more than two (2) children under two years of age. Care may also be provided for no more than two (2) additional children of school age attending full-day school, and school-age means six years and older and enrolled in first grade or above.

Residents of the home under twelve years of age who are on the premises for supervision count against the approved capacity. A Day-Care Home, Large is the same kind of dwelling where care is provided for seven (7) to twelve (12) children from birth to eighteen years of age; the provider needs an assistant when nine or more children are present, and no more than two (2) may be under two years of age. Section 30 of the Resolution, the Residential District chapter amended May 10, 2022, lists State licensed daycare or large day-care home or preschool or nursery among the permitted uses in the higher-density residential districts of its use table, so the large home is a listed use there rather than a home occupation, while the small home fits inside a dwelling in any residential district.

Licensing is a state matter and the state formula has moved on. 707. 306 now licenses a regular family child care home for up to six (6) children from birth to eighteen (18) years with no more than two (2) children under eighteen (18) months, plus no more than two (2) additional school-age children in kindergarten through twelfth grade, and it counts residents of the home under ten (10) years who are on the premises. The county text still says under two years and under twelve years, so a provider should read the state rule for the license capacity and the county definition for which zoning category the home falls into.

Violations & Fines

A home caring for more children than its zoning category allows, or a large day-care home operating in a residential district where Section 30 does not list the use, is a zoning violation handled by Jefferson County Planning and Zoning. Operating without the state license required under 8 CCR 1402-1 is enforced separately by the Department of Early Childhood. The county definitions and the state rule diverge on the infant cut-off (two years in the Resolution, eighteen (18) months in § 2.306), and the state license controls how many infants a licensed home may take.

Frequently Asked Questions

How many children can a small day-care home in Jefferson County take?
Up to six (6) from birth to eighteen, with no more than two (2) under two years of age, plus up to two (2) additional school-age children in full-day school, under the Zoning Resolution definition of Day-Care Home, Small.
When does a home become a large day-care home?
At seven (7) to twelve (12) children. The county definition requires an assistant when nine or more children are present and still caps infants at two (2) under two years of age.
Why do the county and state numbers differ?
The county definitions date from 2018 and use under two years and under twelve years. The current state rule, 8 CCR 1402-1 § 2.306, counts infants as under eighteen (18) months and residents under ten (10) years, and the state license governs capacity.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

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