Colorado § 26.5-5-310 - Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules.

§ 26.5-5-310. Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules.

(1) (a) The department shall require any child care facility seeking licensure pursuant to section 26.5-5-309 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.

(b) 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 department rules that govern 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.

(c) Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes and licensed child care centers 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 and child care centers throughout the state. Accordingly, a local governing authority that imposes requirements in addition to the state-level licensing standards required pursuant to this part 3 related to the inspection, permitting, licensing, or approval of a child care center or family child care home shall:

(I) Prioritize the inspection, permitting, licensing, or approval process of a child care center or family child care home with which the local governing authority has had a dispute or caused a delay to complete the inspection, permitting, licensing, or approval process to the extent reasonably practicable; and

(II) Limit, to a reasonable maximum established by department rule, the fees associated with any child care center's or family child care home's inspection, permit, license, or approval that is required for a child care center or family child care home by the local governing authority but that is not required by the state-level licensing standards established in this part 3; except that this limitation does not apply to fees associated with health and sanitation inspections and related plan reviews required as part of the child care licensing process and conducted by the department or a local public health agency.

(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:

(a) A person applies for a license to operate a child care facility pursuant to section 26.5-5-309; or

(b) A license is granted to operate a child care facility pursuant to section 26.5-5-309.

(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.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 743, § 3, effective July 1. L. 2026: (1)(c) added, (SB 26-020), ch. 292, p. 1605, § 3, effective June 1.

Editor's note: The provisions of this section are similar to several former provisions of § 26-6-104.5 as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.