Family Child Care Homes Ordinance

Project Overview

In 2021, the State of Colorado passed HB21-1222 regarding the regulation of family child care homes to expand opportunities to access child care in family child care homes. The new legislation noted “Colorado has a shortage of licensed, safe, and affordable child care options, while at the same time there is a growing need for child care in order to bolster the economy and allow parents to work.” The new legislation requires that local governing authorities treat family child care homes as a residential use.

The Broomfield Municipal Code (BMC) already allows family child care homes caring for up to eight (8) children as a home occupation. In requiring that local governing authorities treat family child care homes as a residential use, the state requires municipalities to allow all types of family child care homes licensed by the state, and these include large family child care homes that care for up to twelve (12) children.

The proposed Family Child Care Homes ordinance is to bring Broomfield’s zoning code into compliance with state regulations by allowing up to twelve (12) children in a family child care home as a home occupation. Additional revisions, explained in detail below, are also proposed to clean up the code details.

Ordinance Details and Staff Analysis

Required vs. Suggested Changes: Some of the code changes proposed in this ordinance are required by state legislation. Other changes to the code that are proposed in this ordinance are being suggested by staff or by City Council to simplify and clean up the code at Broomfield's discretion.

The changes required by the state are: to allow up to twelve (12) children in permitted family child care homes, to update Chapter 15 (Building Code) to allow the type of family child care homes required by the state, to change the definition of Family Child Care Home and Adult Day Care Home to be inclusive of the state requirement to allow up to twelve (12) children under the age of eighteen (18) in a family child care home, and to adjust parking requirements specific to family child care homes.

Changes proposed by Broomfield as a part of this ordinance include: To update the vocabulary used to refer to day care facilities in other parts of the Broomfield Municipal Code to match the terms "day care facility," "family child care home," and "adult day care home," as they are defined by the code. To consider any additional changes suggested by the community, and as directed by City Council.

City Council Study Session Feedback

This proposed ordinance was presented to City Council at the study session on March 19, 2024. Council had several questions and considerations including: considering removing the proximity restriction for adult day care homes that is currently in the code, considering how the city might allow adult day care homes that care for teenagers under the age of eighteen (18), and to be very clear during public engagement about what Broomfield is required to change by the state versus any additional code updates that Broomfield is proposing.

Public Engagement

You can engage with this project using the Questions and Comments tabs below, or by emailing planning@broomfield.org. This page will be open and accepting feedback and questions until the date of the City Council, 2nd reading Public Hearing. More information about this hearing will be provided on this webpage prior to the meeting.

The project timeline on this page provides an overview of the next steps in the process as Broomfield considers the approval of this proposed ordinance.