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Johnson County, IA Home Business: Home Daycare (2026)

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

Key Facts

Child Care Home cap
Up to 5 children
Child Development Home
6 or more children
Escalation point
7+ children becomes a Child Care Center
Zoning status
By-right accessory use
Coverage area
Unincorporated county only
Setting required
Single-family dwelling
Unpermitted first-offense fine
Up to $750 civil penalty

Summary

Running a small daycare out of a single-family home in unincorporated Johnson County is allowed by right as long as headcount stays within the county's two-tier limit: up to five children makes it a Child Care Home, and six or more makes it a Child Development Home. Cross into seven or more and the county reclassifies the operation as a Child Care Center needing Board of Adjustment approval.

City-specific rules exist: Iowa City has its own home daycare rules that differ from Johnson County's county-level regulations. If you live in Iowa City, check the city-specific page instead.

47. Child Care Home. A facility providing child care or preschool activities within a single-family dwelling, for up to five (5) children at any one time. 48. Child Development Home. A facility providing child care or preschool activities within a single-family dwelling for six (6) or more children at any one time. ... B. Accessory Structures and Uses. The following structures and uses are permitted in the A district, provided that they are incidental to a primary or conditionally permitted use. ... 9. Child Care Homes. 10. Child Development Homes.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Johnson County's Unified Development Ordinance, which governs only the unincorporated areas of the county, splits small-scale child care in a residence into two by-right accessory uses. Sec. 4(47) defines a Child Care Home as a facility providing child care or preschool activities within a single-family dwelling for up to five children at any one time, while Sec. 4(48) defines a Child Development Home the same way but for six or more children at any one time. Both classifications must stay within a single-family dwelling; once a facility serves seven or more children it is reclassified as a Child Care Center under Sec.

4(46) and must instead obtain a Conditional Use Permit. The UDO lists both Child Care Homes and Child Development Homes as permitted Accessory Structures and Uses, not conditional uses, in the county's rural residential-type districts: A-Agricultural at Sec. 6(B)(9)-(10), AR-Agricultural Residential at Sec. 7(B)(7)-(8), SF-Small Farmstead at Sec. 8(B)(10)-(11), and RC-Rural Conservation at Sec. 11(B)(4)-(5). Unlike 'Home Occupations,' which the same accessory-use lists flag as subject to Zoning Administrator approval, the Child Care Home and Child Development Home entries carry no such approval note. The use must still be incidental to the property's primary dwelling per each district's general accessory-use requirement, and any supplemental conditions adopted under Sec. 24 continue to apply.

Violations & Fines

If a home daycare's enrollment grows into Child Care Center territory (seven or more children) without first obtaining the required Conditional Use Permit, county officers can enforce under UDO Sec. 8:8.2 with a stop-work order or permit revocation. Section 8:8.3 makes the unpermitted use a County Infraction carrying a civil penalty of up to $750 for a first offense and up to $1,000 for a repeat, with each day treated as a separate violation; Sec. 8:8.4 also allows a criminal fine up to $625 plus 30 days in jail.

Frequently Asked Questions

How many kids can I watch in my home without a permit?
Up to five children makes it a Child Care Home and six or more makes it a Child Development Home, per Secs. 8:1.4(47)-(48). Both are listed as permitted accessory uses in the county's rural districts, so neither needs a Conditional Use Permit the way a larger center does.
Does this rule apply if I live in Iowa City or Coralville?
No. This UDO chapter covers only the unincorporated areas of Johnson County under its own title page; a home daycare inside Iowa City, Coralville, North Liberty, Tiffin, or Solon falls under that city's separate zoning code instead.
What happens if my daycare grows past six children?
Nothing changes at six, since a Child Development Home already covers six or more. Once you reach seven children the facility is reclassified as a Child Care Center under Sec. 8:1.4(46), which needs a Conditional Use Permit from the Board of Adjustment before you can keep operating.
Do I still need any zoning sign-off at all?
The accessory-use lists for Child Care Homes and Child Development Homes carry no 'subject to Zoning Administrator approval' note, unlike nearby items such as Home Occupations. The use still must be incidental to the property's single-family dwelling and follow any supplemental conditions in Sec. 8:1.24.

Sources & Official References

Other rules in Johnson County

All Johnson County rules

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