Unified Zoning Code Definitions
Within the Unified Zoning Code, there are a few definitions that apply to day cares (see below).
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.
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.
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.
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)?
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.
Questions regarding the application process may be directed to the Planning Department at (316) 268-4421 or Planning@Wichita.gov.