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Layton, UT Home Business: Home Daycare (2026)

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

Key Facts

Single provider limit
Up to 8 children maximum
Two-provider limit
Up to 12 children maximum
Under-2 sub-limit
Max 2 (single) or 3 (two-provider)
Interior space
35 sq ft per child required
Yard space
100 sq ft secured yard per child
Licensing
Must hold State of Utah and City license

Summary

Layton licenses in-home child care as a home occupation but exempts it from the usual floor-area cap under LMC § 19.06.045. A single provider may keep up to eight children, and a two-provider home day care up to twelve, with strict limits on how many can be under age two.

Any day care operation conducted on property where the primary use is a residence shall be appropriately licensed by the State of Utah and Layton City and shall comply with the following standards: 1. The day care operation shall comply with all provisions of a home occupation except that a day care shall be exempt from the limitation on the use of space in and outside the home. 2. A single provider home day care shall be limited to not more than eight children including the provider's own children under the age of six. No more than two of the children may be under the age of two. 3. A two provider home day care shall be limited to not more than 12 children including the provider's own children under the age of six. No more than three of the children may be under the age of two. Both providers shall be residents of the home in which the home day care is being conducted.

Full Breakdown

045 of the Layton Municipal Code lets a home day care operate as a home occupation on a residential property, but it must be licensed by both the State of Utah and Layton City, and it follows all home occupation rules except the standard cap on how much floor area a home business can use. A single-provider home day care is capped at eight children total, counting the provider's own children under age six, and no more than two of those eight may be under age two.

Adding a second provider raises the ceiling to twelve children, with no more than three under age two, but both providers must actually live in the home where the day care operates. The facility must give each child at least 35 square feet of interior space, excluding storage, restroom, or hallway area, and the operator has to submit a floor plan showing exactly which rooms are used, which City staff review and approve before the day care can open. Outdoors, the code requires a minimum of 100 square feet of secured yard space per child, verified by a site plan City staff also review, and any part of the yard judged hazardous to children must be fenced off and cannot count toward that 100-square-foot minimum.

Because it is licensed as a home occupation, a home day care that needs a High-Impact classification, such as one adding a second non-household caregiver, still goes through the same neighbor-notice and Community and Economic Development Director review as any other high-impact home business.

Violations & Fines

Running a home day care above the eight-child (single-provider) or twelve-child (two-provider) cap, exceeding the age-two sub-limits, or operating without State of Utah and Layton City licensing violates LMC § 19.06.045. The Layton City Fire Department verifies emergency-drill and inspection records yearly, and the Zoning Administrator can revoke the underlying home occupation permit for any violation, including through unannounced inspections.

Frequently Asked Questions

How many children can a home day care in Layton watch?
A single-provider home day care is limited to eight children total, including the provider's own kids under six, with no more than two under age two. If two providers who both live in the home run it together, the limit rises to twelve children, with no more than three under age two, under LMC § 19.06.045.
Does a Layton home day care need a separate zoning permit from a regular home business?
It follows the same home occupation licensing framework as any other home-based business but is exempt from the standard limit on how much floor area a home occupation can use. It must still carry a license from both the State of Utah and Layton City, and it needs 35 square feet of interior space and 100 square feet of secured yard space per child.
Can a home day care use the backyard in Layton?
Yes, provided there is at least 100 square feet of secured yard space per child and a site plan showing that area is reviewed and approved by City staff. Any part of the yard identified as hazardous to children must be fenced off separately and does not count toward the required 100 square feet.

Sources & Official References

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