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Topeka, KS Home Business: Home Daycare (2026)

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

Key Facts

Occupant cap
Up to 12 children or adults
License
State and local day-care license required
Home occupation permit
Not required for in-home day care
Drop-off area
2 vehicle spaces if on major road

Summary

Topeka treats an in-home day care serving up to 12 children or adults as a licensed 'day care facility, type I' operating out of the caregiver's own dwelling, not a home occupation requiring a separate permit.

“Day care facility, type I” means a structure inhabited as a dwelling unit or portion thereof, and premises, operated and licensed in accordance with any and all applicable State and local requirements and conducted in the resident’s dwelling unit in which care is provided for profit or not for profit, to children and/or adults on a regular schedule for less than 24 hours a day to a maximum of 12 persons. “Day care facility, type II” means a structure or portion thereof, and premises, operated and licensed in accordance with any and all applicable State and local requirements, in which care is provided for profit or not for profit, to children and/or adults on a regular schedule for less than 24 hours a day, and which may be operated as a secondary and/or ancillary use to a primary or principal use, such as, but not limited to, a place of worship, community center, library, or private business, and associated with that activity. Demolition Landfill. See “landfill, demolition.” “Density” means the number of dwelling units per acre. “Developer” means the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).

Full Breakdown

Topeka Municipal Code § 18.55.040 defines a 'day care facility, type I' as care in the resident's own dwelling unit, for profit or not, serving up to 12 children and/or adults on a regular schedule, licensed per State and local law. TMC § 18.210.035(a)(3) exempts in-home day care from the home occupation permit, but § 18.225.010(h) still requires an on-site drop-off area for at least two vehicles where the property fronts a major thoroughfare, and bars playground equipment from any yard facing a public street.

Violations & Fines

Operating without the required State day care license, exceeding the 12-person cap, or skipping the § 18.225.010(h) drop-off area and playground setback can bring code enforcement action and license revocation.

Frequently Asked Questions

Does a Topeka home day care need a business permit?
No. TMC § 18.210.035(a)(3) exempts in-home day care from the City's home occupation permit, but the provider still needs State and local day care licensing under § 18.55.040.
How many kids can I watch in my Topeka home?
Up to 12 children and/or adults on a regular schedule qualifies as a 'day care facility, type I' under TMC § 18.55.040, run directly out of the caregiver's dwelling unit.

Sources & Official References

Other rules in Topeka

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