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Tigard, OR Home Business: Home Daycare (2026)

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

Key Facts

Family day care in RES zones
Allowed
Other day care uses in RES zones
Conditionally allowed
Conditional use decided by
Hearings Officer under Chapter 18.740
Family day care definition
Facility authorized under ORS 329A to provide child care
Home occupation chapter
Family day care uses exempt (Section 18.760.020)
Adult entertainment distance from a day care
500 feet

Summary

In the City of Tigard, Oregon, family day care is allowed in the RES-A through RES-E residential zones, while every other day care use is conditionally allowed and needs Hearings Officer approval under Chapter 18.740. Section 18.760.020 also exempts family day care uses from the home occupation chapter.

B. RES zone use restrictions. ... 4. Indoor sales and services. a. Family day care is allowed. Other day care uses are conditionally allowed. b. All other Indoor Sales and Services uses are prohibited, except in the RES-E zone where they are limited to the first story of apartment developments and maximum gross square footage of 10 percent of the building.

Full Breakdown

Section 18.110.030 sets the use rules for the five residential base zones, RES-A through RES-E. Its RES zone use restrictions put day care under Indoor Sales and Services and split it in two: family day care is allowed, and other day care uses are conditionally allowed. The same paragraph prohibits all other Indoor Sales and Services uses in residential zones, with one exception in the RES-E zone, where they are limited to the first story of apartment developments and a maximum gross square footage of 10 percent of the building.

Section 18.30.020 defines family day care as a facility authorized under ORS 329A to provide child care, and it adds that these facilities are referred to as Registered Family Child Care Homes or Certified Family Child Care Homes. Any day care that does not fit that definition is one of the other day care uses. A conditional use is one that requires the approval of the Hearings Officer using discretionary criteria, with the approval process and criteria in Chapter 18.740, Conditional Use. Section 18.60.060 lists day cares as an example of the personal service-oriented Indoor Sales and Services use, and Table 18.120.1 rates Indoor Sales and Services as restricted in the COM, MUC, MUE and MUR commercial zones.

Home-based providers get a second break. Chapter 18.760 applies to any accessory commercial use associated with a primary Household Living use, and Section 18.760.020 lists family day care uses among the activities exempt from it, next to garage sales and hobbies that do not result in payment. Day care also carries a distance rule against another use: Section 18.320.070 prohibits Adult Entertainment uses within 500 feet of any day care or hospital.

Violations & Fines

Running a day care that is not a family day care in a residential zone without the Hearings Officer's conditional use approval violates the Community Development Code. Section 18.20.040 makes it unlawful, declares the violation a nuisance and a Class I Civil Infraction under Title 6, and counts each day as a separate infraction. Section 1.16.640 caps a Class 1 penalty or administrative fee at $250 per day, doubled for a second similar violation within 24 months.

Frequently Asked Questions

Is a family day care allowed in a Tigard residential zone?
Yes. Section 18.110.030 says family day care is allowed in the residential zones, which are the five base zones RES-A through RES-E. The code defines family day care as a facility authorized under ORS 329A to provide child care, the facilities it also calls Registered Family Child Care Homes or Certified Family Child Care Homes.
Does a home day care need a home occupation approval in Tigard?
Chapter 18.760 applies to any accessory commercial use associated with a primary Household Living use, but Section 18.760.020 lists family day care uses among the exemptions, next to garage sales and hobbies that do not result in payment. The exemption covers family day care, not other day care uses.
What approval does a larger day care need in a Tigard residential zone?
Section 18.110.030 makes other day care uses conditionally allowed. A conditional use requires the approval of the Hearings Officer using discretionary criteria, and the approval process and criteria are in Chapter 18.740, Conditional Use. Section 18.60.060 classifies day cares as Indoor Sales and Services, a category prohibited in residential zones except as stated for day care.
How close can adult entertainment be to a day care in Tigard?
Section 18.320.070 prohibits Adult Entertainment uses within 500 feet of any day care or hospital, and applies the same distance to residential zones, schools, public libraries, public parks and religious facilities. The same section limits the hours of operation to between 10 a.m. and 1 a.m.

Sources & Official References

Other rules in Tigard

All Tigard rules

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