Skip to main content
CityRuleLookup

Commerce City, CO Home Business: Home Daycare (2026)

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

Key Facts

Capacity limit
12 or fewer children under 18
Zoning status
Allowed by right, no CUP needed
Districts
R-1, R-2, R-3, R-4, MHP, C-1, C-2
Use classification
Accessory to principal residence
Licensing
Federal/state license required
Site standard
Off-street loading/unloading area required
Governing section
LDC Sec. 21-5224 and Sec. 21-5200

Summary

Commerce City's Land Development Code treats a family child care home, caring for 12 or fewer unrelated children under 18, as an accessory use to a principal residence. The Land Use Table at Sec. 21-5200 lists it as allowed by right (no conditional use permit) in the R-1, R-2, R-3, R-4, MHP, C-1 and C-2 districts. Sec. 21-5224 requires licensing plus an off-street loading area.

Sec. 21-5224. - Child Care Facilities. The following provisions apply to all child care facilities: (1)All child care facilities shall be licensed and operated in conformance with all applicable federal and state regulations.(2)An off-street vehicular loading area or driveway shall be provided for the purpose of loading and unloading children. ... Family Child Care Home shall mean a residence which is used by its owner or legal occupant for the purpose of providing care or training to 12 or fewer children who are under the age of 18 years and unrelated to the care provider. For the purposes of this land development code, operation of a day care home is considered to be an accessory use to a principal residential use.

Full Breakdown

Sec. 21-11200's definitions article draws the line for home-based care: a Family Child Care Home is a residence used by its owner or legal occupant to provide care or training to 12 or fewer children under 18 who are unrelated to the provider, and the code expressly calls that operation an accessory use to a principal residential use rather than a standalone commercial use. That classification matters because Table V-1, the Land Use Table referenced in Sec. 21-5200, marks 'Family child care home' with an 'R' (allowed by right) in the R-1, R-2, R-3 and R-4 residential districts, the MHP manufactured home park district, and the C-1 and C-2 commercial districts, meaning no rezoning, variance or conditional use hearing is required to run one there.

That is a materially lighter path than a larger 'Child Care Center' (7 or more unrelated children), which the same table marks 'P' (use-by-permit) in every one of those residential and MHP districts and only reaches by-right status in commercial and I-1 industrial zones. Sec. 21-5224, titled Child Care Facilities, sets the operating conditions that apply across both scales of care: all child care facilities 'shall be licensed and operated in conformance with all applicable federal and state regulations,' and the site must provide 'an off-street vehicular loading area or driveway... for the purpose of loading and unloading children.' A driveway used for family pickups and drop-offs generally satisfies the loading standard for a home-scale operation, but the licensing clause pulls in whatever the state requires for a home-based provider before the use can lawfully operate, even though it is zoned by right.

Because the use is accessory, it must remain secondary to the residence itself: exceeding the 12-child cap converts the operation into a Child Care Center for zoning purposes, triggering the use-by-permit review that family child care homes are designed to avoid.

Violations & Fines

This section falls under the Land Development Code's Article X, Compliance and Enforcement. Sec. 21-10000 authorizes the city manager to enforce the code, Sec. 21-10010 lets any person file a written complaint, and Sec. 21-10020 allows an inspector to request entry or, if refused, obtain a municipal court search warrant. Sec. 21-10050 permits a stop-work order against a noncompliant use, and Sec. 21-10060, Penalties and Other Remedies, lets the city impose the penalties set out in chapter 1 of the municipal code or seek an injunction, abatement, or recovery of its enforcement costs against an unlicensed or over-capacity home daycare.

Frequently Asked Questions

Do I need a zoning permit to run a home daycare in Commerce City?
No conditional use permit or rezoning is required if you stay within the family child care home definition. Sec. 21-5200's Land Use Table marks it 'R' (allowed by right) in the R-1 through R-4, MHP, C-1 and C-2 districts. You still need the licensing and off-street loading area Sec. 21-5224 requires, and you must stay at or under 12 children.
How many kids can I legally watch in my Commerce City home?
Sec. 21-11200 defines a Family Child Care Home as caring for 12 or fewer children under 18 who are unrelated to the provider. Go above that number and the Land Use Table reclassifies the operation as a Child Care Center, which needs a use-by-permit approval in every residential and MHP district instead of being allowed by right.
What happens if my home daycare operates without a license?
It becomes an enforcement matter under Article X. The city manager can act on a complaint filed under Sec. 21-10010, inspect under Sec. 21-10020, and issue a stop-work order under Sec. 21-10050. Sec. 21-10060 then lets the city impose the penalties listed in chapter 1 of the municipal code or seek abatement and its enforcement costs.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

Compare Commerce City to another location·View the Colorado home business overview

Get notified when Home Daycare in Commerce City, CO changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Home Daycare in Nearby Cities

How other cities in Adams County handle home daycare.

Westminster, CO
Some Restrictions