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Josephine County, OR Home Business: Home Daycare (2026)

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

Key Facts

Permitted capacity
Fewer than 16 children
Includes
Provider's own children count toward cap
Review type
Ministerial, Chapter 19.22 JCC
Zone
Rural Residential (RR-1, RR-2.5, RR-5)
Permit required
Development permit, Chapter 19.41 JCC

Summary

In Rural Residential zones outside the Grants Pass and Cave Junction urban growth boundaries, § 19.61.020(F) of the Rural Land Development Code permits a family day-care dwelling for fewer than 16 children, counting the provider's own kids, as an outright permitted use needing only ministerial review, not a conditional-use hearing.

These county ordinances apply to unincorporated areas of Josephine County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). ... ... F. Family day-care dwelling for fewer than 16 children, including children of the care provider, regardless of full-time or part-time status.

View official code

Full Breakdown

41 JCC still required as final approval. Subsection (F) places a family day-care dwelling on that list so long as it serves fewer than 16 children, a count that explicitly includes any children of the care provider and applies whether the operation runs full-time or part-time. 42 JCC for uses like Type III home occupations and indoor animal husbandry. Because the daycare is a permitted use tied to the residential zone rather than a business classification, it does not carry the nuisance, sanitation, or acreage findings the code attaches to conditional uses such as kennels or animal husbandry. 020(F) no longer applies.

Violations & Fines

Operating a family day-care dwelling for 16 or more children in a Rural Residential zone exceeds the outright permitted-use threshold in § 19.61.020(F), so ministerial review no longer covers it; running the use without the development permit Chapter 19.41 JCC requires for any permitted use, or beyond the 16-child cap without further authorization, is a code violation Planning can enforce.

Frequently Asked Questions

How many kids can I care for in a Josephine County home daycare without extra zoning review?
§ 19.61.020(F) allows a family day-care dwelling in the Rural Residential zone caring for fewer than 16 children, counting the provider's own children in that total, as an outright permitted use needing only routine ministerial review.
Do I need a conditional-use permit for a home daycare?
Not if you stay under the 16-child threshold. § 19.61.020(F) lists the family day-care dwelling among the zone's permitted uses reviewed ministerially under Chapter 19.22 JCC, unlike the Type III home occupations in § 19.61.030(H) that require quasi-judicial conditional-use review.
Does my own children count toward the 16-child limit?
Yes. The ordinance is explicit that the cap on "fewer than 16 children" includes the children of the care provider, regardless of whether the daycare operates full-time or part-time.

Sources & Official References

Other rules in Josephine County

Animal Ordinances: Chickens & LivestockSome RestrictionsFence Regulations: Height LimitsSome RestrictionsZoning & Home Occupation PermitsSome RestrictionsCustomer Traffic RestrictionsSome RestrictionsSignage RulesSome RestrictionsParking Rules: Abandoned VehiclesSome RestrictionsFence Regulations: Material RestrictionsSome RestrictionsFence Regulations: Retaining WallsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningLight Restrictions

All Josephine County rules

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