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Jefferson County, MO Home Business: Home Daycare (2026)

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

Key Facts

Care limit without CUP
Up to 4 persons at a time
CUP threshold
5 to 10 persons need a conditional use permit
Governing law
UDO Section 400.2850, Article VIII Division 3
Applies only in
Unincorporated county, not Arnold/Festus/De Soto
Violation penalty
Up to $1,000 fine, 1 year jail (§400.140)
CUP approval body
County Council after Planning & Zoning review

Summary

In unincorporated Jefferson County, a residence where someone cares for up to four people at a time is a permitted accessory use under UDO Section 400.2850, no conditional use permit required. Caring for five to ten people, whether children or elderly clients, needs a conditional use permit reviewed under Article IX before it can operate legally.

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

A day care/elder care home is a permitted accessory use in a residential structure occupied by a person who cares for not more than four (4) persons for any part of a twenty-four (24) hour period. Care for more than four (4), but not more than ten (10) persons, shall require a conditional use permit as specified in Article IX.

Full Breakdown

Jefferson County's Unified Development Order treats a day care or elder care home as an accessory use to a residential dwelling, not a separate commercial use requiring rezoning. 040 in 2008 and placed in Article VIII, Division 3 (Accessory Uses), sets the dividing line at four persons in care at any point during a 24-hour period: at that scale the caregiver needs no zoning approval beyond ordinary residential use. Once the number in care rises above four, up to a ceiling of ten, the operator must obtain a conditional use permit under Article IX before opening.

3010, covering compatibility with the neighborhood, traffic and parking impact, and effect on adjoining property values; the Council can attach conditions such as limits on hours of operation, parking, or screening. This rule reaches only the unincorporated parts of Jefferson County; homes inside Arnold, Festus, De Soto, Hillsboro, or the county's other incorporated cities are governed by those cities' own codes, not the county UDO. A day care or elder care operation caring for more than ten people at once falls outside this accessory-use and conditional-use framework entirely and would need a different, non-residential zoning classification.

Violations & Fines

Operating a day care or elder care home for more than four persons without the required conditional use permit is a UDO violation under Section 400.140. The Director of County Services and Code Enforcement can issue a written order to correct it; noncompliance is a misdemeanor punishable by a fine of up to $1,000, up to a year in jail, or both, with each day of continued violation a separate offense.

Frequently Asked Questions

Do I need a permit to run a home day care in Jefferson County?
Not if you care for four or fewer people, including children, at any one time. Section 400.2850 treats that as a permitted accessory use in a residential dwelling. Once you care for five to ten people, you must obtain a conditional use permit from the County Council, which reviews the application under Section 400.3010 after a recommendation from the Planning and Zoning Commission.
Does this rule apply inside Arnold or Festus?
No. Jefferson County's UDO and its accessory-use rule for day care and elder care homes govern only the unincorporated area. Arnold, Festus, De Soto, Hillsboro and the county's other incorporated cities enforce their own separate zoning codes, so a home day care operator inside city limits must check that city's ordinance instead.
Can I care for more than ten people in my home under this rule?
No. Section 400.2850 caps the accessory-use and conditional-use pathway at ten persons in care at once. Operations larger than that fall outside this residential framework entirely and require a different, non-residential zoning classification and site plan approval before they can legally operate in the county.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

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