Knowledge Base

Home Daycare vs. Daycare Center Definitions: Title 18.03 (Definitions) of the Evans Municipal Code provides a description of a “day care center” “home day care” and "home occupation" as follows:

Day care center means an establishment, other than a home or residence, which provides care for children, other than one which can be classified as a school.  These facilities shall comply with the guidelines established and enforced by the Weld County Health Department.

Day care, home means a home occupation providing less than twenty-four-hour supervision of up to twelve (12) children, in addition to any children of the day care provider.  Day care homes shall be required to meet all state and local laws and regulations, including, but not limited to, home occupation permits, business licenses, and requirements of the building and fire codes, as adopted and amended in this Municipal Code.  Day care provided to one (1) child or two (2) or more siblings, as well as occasional care (one day per week or less), shall not be considered home day care and shall not require a home occupation permit or business license.

Home occupation means an occupation, profession, activity or use conducted within a residential dwelling unit that is incidental and secondary to the use of the residential dwelling unit, which does not alter the exterior of the property or affect the residential character of the residential neighborhood.

City Code Requirements / References:

18.04.120 - Accessory Structures and Uses (Subsection I. Home occupations).

1. Intent.  The purpose of this Section is to provide for limited business uses within dwellings when such uses will clearly not alter the character or appearance of the residential neighborhood.
2. Application.

1. Prior to the establishment of any home occupation, an application for such home occupation shall be made to the Community Development Department on a form provided by the City.  If the Community Development Department determines the use does not comply with all requirements for a home occupation, then the home occupation permit shall not be issued.  If such use has been previously established, the use shall either be brought into full compliance with the provisions of this Chapter, or the use shall be abandoned and all operations ceased.
2. Home occupations shall be permitted as an accessory use to any dwelling in accordance with the provisions of this Section.
3. Except as otherwise provided in this Section, a home occupation requires the approval of the Community Development Department. who may establish conditions to further the intent of this Section.
4. Home occupations shall not be transferable to alternate locations or persons.
   1. Conditions for Use:  A home occupation shall be allowed as a permitted accessory use, provided all of the following conditions are met:

1. The exterior appearance of the dwelling and lot shall not be altered, nor shall the occupation within the dwelling be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signage or by the emission of sounds, noises, dust, odors, fumes, smoke, heat, glare or vibrations detectable outside the dwelling.
2. The home occupation shall be confined within the primary dwelling, which shall be the principal use and building on the lot, and shall not include use of any accessory structure, whether attached or detached.  All persons involved, directly or indirectly in carrying on the home occupation shall be legal and regular inhabitants of the dwelling unit.
3. The dwelling unit shall continue to be used primarily for residential purposes and the occupational activities shall be harmonious with the residential use.  Such occupational activities must be clearly incidental and secondary to the use of the dwelling purposes.
4. No more than twenty percent (20%) of the living space shall be used for the home occupation and any related storage of materials and supplies, except where the home occupation is a licensed board and care home or a day care home that meets applicable state requirements.  In no event shall an accessory structure be counted toward the total living space area.
5. Only one (1) home occupation shall be permitted per residence unless more than one (1) home occupation can be operated using no more than twenty percent (20%) of the living space.
6. On-site retail/wholesale transactions cannot be the primary activity of the home occupation.  All such sales must remain incidental and secondary to the home occupation. There shall be no window display of merchandise.
7. Personal and professional customer-service based businesses shall operate on an appointment-only basis.
8. Vehicular traffic associated with the home occupation shall not adversely affect traffic flow and parking in the area.  No more than one (1) customer or client vehicle associated with the home occupation shall be at the home at any one time, and no more than twenty (20) customer/client visits to the home per week shall be permitted, with the exception of child/day care homes. In addition to the customer trips, no more than two (2) trips per week shall be related to the delivery of products and/or materials.
9. In addition to the required off-street parking, home occupations, including studios or rooms for instruction, shall provide additional paved off-street parking adequate to accommodate all needs created by the home occupation subject to approval of the Public Works Director or designee.
10. Only one (1) vehicle, not to exceed one-ton capacity, and one (1) trailer, not to exceed fifteen (15) feet, may be related to and used in conjunction with the home occupation and may be parked on-site, except as provided in Section 18.04.120.I  Such parking shall also conform with Section 18.07.080., off-street parking.
11. There shall be no exterior advertising or use of any signs related to a home occupation on the premises including areas such as, but not limited to walls, fences, mailboxes and yards, except that one (1) window sign not to exceed three (3) square feet shall be permitted.
12. There shall be no exterior storage on the property of material and/or equipment used as part of the home occupation.  In addition, there shall be no use or storage of mechanical equipment not recognized as being part of a normal household or hobby use.
13. The use of utilities shall be limited to that normally associated with the use of the property for residential purposes.  Electrical or mechanical equipment that creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
14. Home occupations having customer/client visits shall only conduct business hours between 7:00 a.m. and 8:00 p.m.
15. Activities conducted and buildings, equipment and material used or stored in coordination with the home occupation shall comply with all building and fire codes, as adopted by the City.
16. Upon request by the City, applicant shall provide City with access to all books, records and information relating to the business activity being conducted thereof.  Said information shall remain confidential, and shall be used to ascertain compliance with the home occupation criteria.
17. Home occupations shall be conducted by the resident of the parcel, and if the applicant/resident requesting the home occupation permit is not the property owner, then they must obtain written approval from the property owner.
    1. Prohibited home occupations.  (This section is not applicable as a home daycare is permitted.)
    2. Agricultural Uses  (This section is not applicable to home daycare businesses)
    3. Limitations on Clients.  Permitted home occupations that would otherwise violate Section 18.04.120.I, regarding customer/client visits and hours of operation shall require special use approval pursuant to Section 18.04.160.
    4. Complaints and revocation.

1. Persons may file a written complaint with the Community Development Department regarding a home occupation. Upon receipt of such a complaint, the City shall investigate the home occupation to determine if any provisions of this Chapter or conditions of approval are being violated by the home occupation.

1. A home occupation permit may be revoked or modified by the City if any of the following circumstances are found to be true:
   1. The use has become detrimental to the public health, safety or welfare or constitutes a nuisance;
   2. The permit was obtained by misrepresentation or fraud;
   3. The use for which the home occupation permit was granted has changed, and a different home occupation is occurring;
   4. The condition of the premises has deteriorated because of the home occupation; or
   5. The use is in violation of any statute, ordinance or regulation.
2. Whenever an apparent violation of this section is observed, a written notice shall be served certified mail from the City notifying the applicant of the intent to revoke the home occupation permit.  Such notice may include:

1. Findings in support of revocation;
2. A statement of the action required to bring the home occupation into compliance;
3. A statement advising that if any required actions are not brought into compliance within the time specified, the home occupation permit will be revoked;
4. A statement advising that any person having legal interest in the home occupation involved may file a written request for a hearing before the City Council within ten (10) days after receipt of notice. Should a request for a hearing not be made within ten (10) days, then the home occupation shall cease operations without further action by the City.

Additional Home Day Care requirements:

• Home daycare businesses require a signed "Home Occupation Certificate" and business license through the City of Evans, in addition to the State of Colorado’s required license. Home occupation regulations are listed above. The business license application is available on this webpage as well. Walk-in inquiries to our office at 100 37th Street are welcome from Monday through Friday, 8am to 5pm.
• City inspection for compliance with Fire and Building Codes is required to obtain a business license. Day care homes providing supervision to more than five children have stricter Fire and Building Code requirements and building modification may be required.
• For questions regarding the Fire Code, contact the Evans Fire Chief at 475-1117.
• For questions regarding the Building Code, contact the Building Department at 475-1120.