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Overland Park, KS Home Business: Home Daycare (2026)

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

Key Facts

State license
KDHE Family Child Care Home
License exemption
4 unrelated kids, 35 hours weekly
State maximum
12 children under 16
Outside employees
Up to three
Traffic cap
12 arrivals, 12 departures daily

Summary

Overland Park allows licensed day care homes in every residential district as an accessory use. The provider must hold a KDHE license and live on site, outdoor play areas must be fenced, and the fire department inspects the home.

Day care homes shall be allowed subject to the following standards: a. The day care provider shall be licensed by the State of Kansas and shall reside on the premises. b. Outside play areas shall be fenced. c. Up to three employees, other than persons residing on the premises, shall be permitted.

Source: City of Overland Park Municipal CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: latest section effective 1901-01-01).

Full Breakdown

Kansas licenses home-based child care through KDHE under K.S.A. 65-501 et seq. No license is required for four or fewer children unrelated to the provider, 35 hours a week or less each. Above that, a Family Child Care Home license applies, covering a maximum of 12 children under 16 with age-based group limits under K.A.R. 28-4-114. Overland Park's UDO 18.390.140(B) adds residency, fencing, and staffing standards; the city raised the outside-employee cap from one to three by Ordinance ZRR-3495 in 2025. Day care traffic is capped at 12 arrivals and 12 departures per day, inside the 6 a.m. to 9 p.m. visitation window. OPMC 5.18.030 adds periodic fire department inspections, with 30 days to correct violations.

Violations & Fines

Failed fire inspection fee after 30 days uncorrected; zoning violations draw written notice and possible loss of accessory use status.

Frequently Asked Questions

Do I need a Kansas license to watch a few kids?
Not if you care for four or fewer children unrelated to you, 35 hours a week or less each. Beyond that, KDHE licensing applies.
How many helpers can I hire?
Three employees who do not live in the home, raised from one by Ordinance ZRR-3495 in 2025. The provider must still be licensed and live on the premises.
Will the city inspect my house?
Yes. Overland Park Fire Department conducts periodic life-safety inspections of licensed day care homes, with written notice beforehand and 30 days to fix violations.

Sources & Official References

Other rules in Overland Park

Fence Regulations: Height LimitsSome RestrictionsCustomer Traffic RestrictionsSome RestrictionsZoning & Home Occupation PermitsSome RestrictionsCottage Food OperationsSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSignificant RestrictionsAnimal Ordinances: MicrochippingSome Restrictions

All Overland Park rules

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