Colorado Springs, CO Home Business: Home Daycare (2026)
Key Facts
- Governing section
- UDC § 7.3.304.H
- Small tier capacity
- 6 full-time + 2 part-time
- Large tier capacity
- 7-11 full-time/part-time
- Overnight stays
- Barred except emergency 24-hr care
- Outdoor play area
- Cannot sit in front yard setback
- State licensing
- Required before operation begins
Summary
Colorado Springs permits in-home adult or child day care as an accessory use in any dwelling under UDC § 7.3.304.H, provided the operator holds a valid state license. Capacity is capped at 11 children or adults, and regular overnight stays are barred except occasional emergency 24-hour care.
H. Home Adult or Child Day Care Center, Accessory:
1. In-home adult or child day care may be provided as an accessory use in dwellings, provided that all activities therein comply with all applicable state and City licensing requirements.
2. This accessory use must provide the minimum square footage of indoor and outdoor space, if any, mandated by state law and regulation. No part of the required outdoor space may be situated within any front yard setback. The required outdoor space must be screened from adjacent residential properties when necessary to reduce play area sounds, as determined by the Manager.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-21: Code current through: Ord. 26-23, passed June 9, 2026).
Full Breakdown
H of the Unified Development Code, in-home adult or child day care may operate as an accessory use inside a dwelling, but only if the activity complies with all applicable state and City licensing requirements, the code does not permit an unlicensed operation. 301, splits the use into two tiers: Home Adult or Child Day Care Center, Accessory, Small, which serves up to six full-time and two part-time children or adults, and the Large tier, which serves more than six and fewer than twelve full-time and part-time children or adults.
The facility must be located in a dwelling unit occupied by one or more of the operators, and it must be accessory to the structure's primary purpose as a residence, it cannot become the primary use of the property. Regular overnight occupancy is not allowed, though the definition expressly permits occasional 24-hour emergency care. H also carries the same site standards applied to the larger, non-home Adult or Child Day Care Center use: the accessory use must provide whatever minimum indoor and outdoor square footage state law and regulation mandate, no part of any required outdoor play space may sit within the front yard setback, and the Planning Manager can require screening of that outdoor space from adjacent residential properties when needed to reduce play-area noise.
Because the standard cross-references state licensing rather than setting its own numeric footage requirement, an operator has to confirm the applicable square-footage figure with the Colorado Department of Early Childhood alongside the zoning review.
Violations & Fines
No violation-specific penalty is written into § 7.3.304.H itself, so an unlicensed home day care or one that ignores the front-yard-setback and screening standards falls under the UDC's General Penalty, City Code § 1.1.201: conviction carries a fine of up to $2,500, up to 189 days in jail, probation, or a combination, per violation, prosecuted in Municipal Court.
Frequently Asked Questions
Do I need a state license to run a home day care in Colorado Springs?
How many children can a home day care in Colorado Springs care for?
Can a home day care keep children overnight?
Where can the outdoor play area go?
Sources & Official References
Other rules in Colorado Springs
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