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

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

Key Facts

Permit type
Conditional use permit
Application fee
$75.00 (reduced from $375.00 standard)
Issuing department
Planning, development and codes department
Zoning standards
Set separately in article 18, zoning regs
State licensing coordination
Health and environment department, Sec. 2-93(2)b

Summary

Operating a preschool or day care center from a house or its accessory building in unincorporated Johnson County requires a conditional use permit under the county's planning fee schedule, Sec. 58-2, at a reduced $75.00 application fee instead of the standard $375.00 charged for other conditional uses.

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

Conditional use permit applications $375.00 or $75.00* ... *$75.00 for keeping animals on less than ten acres in accordance with zoning and subdivision regulations; preschools and day care centers in a residence or in an accessory building to a residence; accessory buildings or structures larger than or accessory buildings in greater quantities than permitted in article 18 of the zoning and subdivision regulations; and kennels

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Resolutions: Supplement 14).

Full Breakdown

Sec. 58-1 adopts the county's schedule of planning and zoning fees, charged for every application type listed in Sec. 58-2, in addition to any other fees required by federal, state or local law. Sec. 00 for four specific home-based conditional uses: keeping animals on less than ten acres, operating a preschool or day care center in a residence or an accessory building to a residence, building accessory structures larger or more numerous than the zoning and subdivision regulations allow by right, and keeping kennels. 00 general conditional-use rate.

The underlying use standards, such as how many children a home day care may serve, required setbacks and hours of operation, are set by article 18 of the county's Zoning and Subdivision Regulations, a separate instrument from this Code of Resolutions. Separately, Sec. 2-93(2)b assigns the county's health and environment department the duty to coordinate with state officials to inspect and enforce day care and child care regulations, layering state licensing oversight on top of the county's zoning permit requirement.

Violations & Fines

Sec. 58-3 lets the planning director require technical studies, at the applicant's expense, before approving a conditional use permit application such as a home day care. Operating a day care from a residence without the required conditional use permit exposes the operator to code enforcement action, and the health and environment department separately coordinates with the state on day care licensing inspections under Sec. 2-93(2)b.

Frequently Asked Questions

Do I need a permit to run a home day care in unincorporated Johnson County?
Yes. Sec. 58-2's conditional use permit fee schedule specifically lists preschools and day care centers operated in a residence or an accessory building to a residence, charging a reduced $75.00 review fee instead of the standard $375.00 charged for other conditional use applications.
Why is the day care permit fee lower than other conditional use permits?
Sec. 58-2 groups home day cares with three other narrowly defined home-based uses, keeping animals on small acreage, oversized accessory buildings, and kennels, all at the discounted $75.00 review fee rather than the $375.00 fee charged for other conditional use permit applications reviewed by the county.
Does the county also license day care safety and staffing?
That oversight sits with the state. Sec. 2-93(2)b directs the county health and environment department to coordinate with state officials to inspect and enforce day care and child care regulations, separate from the zoning conditional use permit the planning department issues for the home-based use itself.

Sources & Official References

Other rules in Johnson County

All Johnson County rules

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