Olathe, KS Home Business: Home Daycare (2026)
Key Facts
- Max children (family home)
- 10 total, 7 under kindergarten age
- Max children (group home)
- 12 children under age 16
- Operator residency
- Must be operator's private residence
- Outside workers allowed
- Up to one outside worker
- Governing section
- UDO § 18.50.035
Summary
Olathe's UDO caps family day-care homes at ten children total, requires the operator to live on-site, and allows only one outside employee under UDO § 18.50.035.
A place maintained to provide children with day-care away from their homes, for less than twenty-four (24) hours a day. No more than seven (7) children cared for are under kindergarten age and no more than three (3) of the children cared for are less than eighteen (18) months of age, or a maximum of ten (10) children under sixteen (16) years of age. ... The owner or operator of a family day-care home must reside on the premises. Up to one (1) outside worker may be employed by the owner or operator.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 26-39, passed July 21, 2026).
Full Breakdown
Olathe treats in-home child care as a permitted residential use under UDO § 18.50.035, not a special exception. A family day-care home must be the operator's private residence, capped at ten children total (no more than seven under kindergarten age, three under 18 months), with only one outside worker allowed. A group day-care home, licensed for up to twelve children, is also permitted in residential districts, though some lower-density zones require a special use permit. Both are governed alongside child-care centers, preschools and Mother's Day Out programs under the same UDO section, plus state child-care licensing under KSA 65-501 et seq.
Violations & Fines
Operating without meeting these limits is a zoning violation under UDO § 18.70.020, punishable by a fine up to $500 per day plus permit revocation or a stop-work order.
Frequently Asked Questions
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Sources & Official References
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Home Daycare in Nearby Cities
How other cities in Johnson County handle home daycare.