The City of Overland Park requires home daycares to not only meet the requirements of the city, but also those of the State of Kansas, which are enforced by the Johnson County Health Department.

Commercial daycare centers, preschools and "Mother's Day Out" programs have separate requirements. For more information on those, please contact the Planner of the Day at 913/895-6217.

Requirements | Time limits | Permit approval process

Definitions

Family daycare home is a home where care is provided for a maximum of six children, in compliance with the definitions and regulations of the State of Kansas.

Daycare home is a home where care is provided for a maximum of 10 children, in compliance with the definitions and regulations of the State of Kansas.

Group daycare home is a home where care is provided for a maximum of 12 children, in compliance with the definitions and regulations of the State of Kansas.

Requirements

Family daycare homes are not required to get a permit from the city. They are; however, to comply with the following requirements:

• The daycare provider must be licensed or registered with the State of Kansas.
  
  
• Employees, other than persons living at the daycare home, are not permitted.

Daycare homes and group daycare homes are permitted only if a Residential Daycare Permit is approved by the City Council. A permit will not be approved if the following minimum requirements are not met:

• The daycare provider must be licensed by the State of Kansas and must reside at the daycare home. A copy of the license must be submitted with the application.
  
  
• A fenced outdoor play area must be provided.
  
  
• Only one employee, other than the persons living at the daycare home, will be permitted.
  
  
• A satisfactory fire inspection of the daycare home must be obtained by the applicant prior to approval or renewal of the permit. A copy of the fire inspection form, dated no more than one year prior to the permit application, must be submitted with the application.

Time Limits

The initial Residential Daycare Permit is valid for a maximum of one year.

• First renewal: Valid for a maximum of three years.
• Second renewal, subsequent renewals: Valid for a maximum of five years.

The City Council has the discretion to approve a permit for less than the maximum period of time.

Existing daycare providers with Special Use Permits granted under the prior regulations will be able to change to a Residential Daycare Permit as part of their normal renewal process.

The maximum time period and the procedural requirements will depend on the number of prior Special Use Permits they have obtained; e.g.a provider who has had a Special Use Permit will be allowed to apply for a Residential Daycare Permit as if it were a renewal.

Permit Approval Process

The procedure that must be followed to obtain a Residential Daycare Permit depends on whether the applicant is making the initial application, the first renewall or a subsequent renewal. In general, the process becomes more simplified with each renewal.

Initial Application

1. An application must be filed in the Planning and Development Services Department at City Hall, 8500 Santa Fe Drive, second floor. The application should be accompanied by a fire inspection report issued within the past year. The application fee is $50.
   
   
2. A public hearing will be scheduled before the Planning Commision. The applicant will be given a sign to post in the front yard of the daycare home, stating that a public hearing will be held at a particular time and date. The applicant also is required to mail a written notice of the public hearing to all property owners within 200 feet of the daycare property. Instructions for mailing notices and a sample letter will be given to the applicant when the Planning Department staff takes the application.
   
   
3. The applicant also will be given three affidavits that must be filled out, signed, notarized and returned to the Planning Department prior to the public hearing.
   
   
   • First affidavit: States that the sign was property posted on the property.
   • Second affidavit: States that notices were mailed to the surrounding property owners by certified mail, return receipt requested, in compliance with city requirements.
   • Third affidavit: States that the applicant is either the owner of the property or has the approval of the property owner to act as his or her agent in obtaining a residential daycare permit.
     
     
4. A public hearing will be held by the City Council, which are generally held the first three Mondays of each month, at 7:30 p.m. The staff will describe the application and make a recommendation. The applicant will have the opportunity to make a presentation and answer any questions. Thereafter, anyone in the audience can speak regarding the merits of the application. If someone from the public does speak, the applicant will be given an opportunity to respond to his or her comments. After listening to all presentations, the City Council will either approve the Residential Daycare Permit for a maximum of three years from that date or deny the application.

Subsequent Renewals

1. An application must be filed in the Planning and Development Services Department at City Hall, 8500 Santa Fe Drive, second floor. The application should be accompanied by a fire inspection report issued within the past year. The application fee is $25.
   
   
2. A public hearing will be scheduled before the Planning Commision. The applicant will be given a sign to post in the front yard of the daycare home, stating that a public hearing will be held at a particular time and date.
   
   
3. The applicant also will be given two affidavits that must be filled out, signed, notarized and returned to the Planning Department prior to the public hearing.
   
   
   • First affidavit: States that the sign was property posted on the property.
   • Second affidavit: States that the applicant is either the owner of the property or has the approval of the property owner to act as his or her agent in obtaining a residential daycare permit.
     
     
4. A public hearing will be held by the City Council, which are generally held the first three Mondays of each month, at 7:30 p.m. The staff will describe the application and make a recommendation. The applicant will have the opportunity to make a presentation and answer any questions. Thereafter, anyone in the audience can speak regarding the merits of the application. If someone from the public does speak, the applicant will be given an opportunity to respond to his or her comments. After listening to all presentations, the City Council will either approvie the Residential Daycare Permit for a maximum of five years from that date or deny the application.

Any Residential Daycare Permit may be revoked by the City Council if the daycare provider does not comply with the ordinance requirements or with any conditions attached by the City Council at the time the permit was approved.