Unified Zoning Code Definitions
Within the Unified Zoning Code, there are a few definitions that apply to day cares (see below).
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Day Care, General means a Day Care center that provides care, protection and supervision for more than ten (10) individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees, or a Day Care center for ten or fewer individuals at any one time that is not operated as a Home Occupation.
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Day Care, Limited means a Day Care center operated as a Home Occupation that provides care, protection and supervision for no more than ten (10) individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees.
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Home Occupation means a business, profession, occupation or trade conducted within a Dwelling Unit or Accessory Structure for gain or support by a resident of the Dwelling Unit and that is accessory to the use of the Dwelling Unit as a residence.
Zoning and Day Care Locations
- The Unified Zoning Code permits
Day Care, Limited by right in nearly all zoning districts.
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Day Care, General requires a Conditional Use (in certain zoning districts) to be approved by the Planning Commission and possibly the Governing Body.
Zoning, Day Care, and Home Occupations
Per the Unified Zoning Code, residential occupants are allowed to operate a day care from their home (assuming licensing and other requirements are in order). This is called a Home Occupation.
If the house is zoned SF-5 or SF-10, then they are not allowed to have another employee (except for a substitute in some circumstances). Outside of SF-5 or SF-10 zoning, then they are allowed to have 1 additional employee at the day care.
If a Home Occupation day care would like to have additional employees, the property owner can apply for a Conditional Use to be a Day Care, General.
Another option for a Home Occupation day care to have additional employees, is for the property owner to apply for a Variance (an exception for the property) from the Unified Zoning Code. Please note that the Board of Zoning Appeals must find that five (5) conditions exist at the site for this to be granted.
Additional Requirements for Day Care Uses
The Unified Zoning Code (Article III-D) also includes requirements for off-street parking spaces (1 per teacher + 1 per every 10 children over 12 children + 1 per every day care center vehicle) and limits on the times for outdoor play (7:30 am to 6:30 pm).
Frequently Asked Questions
How can I apply for a Conditional Use for a Day Care, Limited (allows for more than ten children / individuals)?
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Download the Conditional Use application form.
- All applicants desiring to submit an application are encouraged to consult with the Planning Department prior to submittal. This consultation can be in-person or over the phone. The purpose of the consultation is to advise the applicant of the rights and responsibilities in submitting such an application.
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Questions regarding the application process may be directed to the Planning Department at (316) 268-4421 or
Planning@Wichita.gov.
Unified Zoning Code - Possible Changes
The City of Wichita and Sedgwick County are in the process of reviewing the Unified Zoning Code to determine if any changes are needed for home occupation daycares. This update is currently being considered in order to better align the Unified Zoning Code and KDHE regulations. Currently, the Unified Zoning Code restricts home occupation day cares to 10 children, while KDHE regulations allow up to 12 children.
Events
You can learn more about the possible changes by attending and/or viewing an event. Below is a listing of events where information about the possible changes are discussed.
Past Events
- In April 2022, Planning Department staff were invited to attend a meeting with City staff from Public Works & Utilities – Child Care Licensing team, and a Council Member. During the meeting, Planning Department staff learned that the Kansas Department of Health and Environment (KDHE) allows for more children at a Home Occupation daycare than the Unified Zoning Code. Participants at the meeting indicated that shortage of child-care in Wichita is reaching a crisis point.
- On October 20, 2022, the Wichita-Sedgwick County Metropolitan Area Planning Commission was scheduled to consider the proposal to update the Unified Zoning Code regarding Home Occupation Day Cares. The item was deferred due to the need for additional public notice.
- On September 1, 2022, the MAPC Advance Plans Committee considered the changes to the Unified Zoning Code and recommended that the item be presented to the full Wichita-Sedgwick County Metropolitan Area Planning Commission.
- On November 17, 2022, the Wichita-Sedgwick County Metropolitan Area Planning Commission considered the changes and voted unanimously to adopt the changes and recommend adoption by both the Wichita City Council and Sedgwick County Board of County Commissioners.
- On February 14, 2023, Planning Department staff presented the draft Unified Zoning Code changes and proposed process at a Board of County Commissioner's staff meeting. Members of the Commission asked questions shared thoughts on the draft updates.
- On February 21, 2023, the Wichita City Council voted unanimously to approve the recommended changes to the Unified Zoning Code.
Upcoming Events
- Planning Department staff are working to submit this item for a Board of County Commissioners' meeting in late March or early April 2023.
Documents
UZC Day Care Proposed Changes - Draft - 2022-07-27
