§ 26-6-104.5. Compliance With Local Government Zoning Regulations – Notice to Local Governments – Provisional Licensure

1. 1. The department shall require any child care facility seeking licensure pursuant to section 26-6-104 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.
   2. Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes is a matter of statewide concern. Therefore, permitting fragmented regulation among jurisdictions impedes and infringes upon the department’s appropriate and consistent licensing and regulation of family child care homes throughout the state. Accordingly, local governing authorities shall treat family child care homes as residential property use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation, and building codes. Local governing authorities shall not impose any additional regulations governing family child care homes that do not also apply to other residential properties, provided that the foregoing does not restrict an authority’s ability to prohibit, on a case-by-case basis, the operation in immediately adjacent residences of two or more large family child care homes, as that term is defined by rules by the department that governs the operation of family child care homes, or to manage the flow of traffic and parking related to adjacent large family child care homes. Residential use of property for zoning purposes includes all forms of residential zoning and, specifically, although not exclusively, single-family residential zoning.
2. The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:
   1. A person applies for a license to operate a child care facility pursuant to section 26-6-104 ;
   2. A license is granted to operate a child care facility pursuant to section 26-6-104 ; or
   3. A change is made in the license of a residential child care facility, specialized group facility, homeless youth shelter, or secure residential treatment center.
   4. (Deleted by amendment, L. 2006, p. 727 , § 4, effective August 7, 2006.)
3. Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.
4. [ Editor’s note: This version of subsection (4) is effective until July 1, 2024.] The provisions of this section shall not apply to any foster care home certified pursuant to this part 1 or to any specialized group facility that is licensed to provide care for three or more children pursuant to this part 1 but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who have a serious emotional disturbance.

   (4) [ Editor’s note: This version of subsection (4) is effective July 1, 2024. ] The provisions of this section do not apply to any foster care home certified pursuant to this part 1 or to any specialized group facility that is licensed to provide care for three or more children pursuant to this part 1 but that is providing care for three or fewer children who are determined to have an intellectual and developmental disability by a case management agency, as defined in section 25.5-6-1702, or who have a serious emotional disturbance.

Source: L. 2000: Entire section added, p. 1517, § 4, effective June 1. L. 2006: (4) amended, p. 520, § 3, effective April 18; (2) and (3) amended, p. 727, § 4, effective August 7. L. 2021: (1) amended, (HB 21-1222), ch. 213, p. 1133, § 2, effective September 7; (4) amended, (HB 21-1187), ch. 83, p. 347, § 55, effective July 1, 2024.

Cross references: For the legislative declaration contained in the 2000 act enacting this section, see section 1 of chapter 319, Session Laws of Colorado 2000. For the legislative declaration in HB 21-1222, see section 1 of chapter 213, Session Laws of Colorado 2021.