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Boone County, IN Building Safety: Childcare Center Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit needed
BZA special exception (conditional use)
Outdoor play space
75 sq ft per child minimum
Buffer from housing
25 feet minimum from play area
Screening
Fence/wall, height matches district or 6 ft
Outdoor hours, residential zones
7 a.m. to 7 p.m.
Outdoor hours, non-residential zones
6 a.m. to 7 p.m.
Penalty
Up to $500 per day of violation

Summary

In unincorporated Boone County, Indiana, a child day-care center may not open by right: it needs a special exception (conditional use permit) from the Board of Zoning Appeals. Once approved, Boone County Code Section 157.040(D)(5) requires 75 square feet of outdoor play space per child, a 25-foot buffer from any neighboring house, a screening fence, and set outdoor-activity hours.

These county ordinances apply to unincorporated areas of Boone County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(5) Day care centers. Each child day-care center shall comply with the following requirements. (a) Outdoor play space. A child day-care center shall provide an outdoor play space as follows: 1. Minimum size. The total area of the outdoor play space shall be a minimum of 75 square feet per child. 2. Location on site. No outdoor play space shall be within 25 feet of a residential structure on an butting lot. 3. Screening fence. A wall or fence shall surround the outdoor play area. The minimum height of the wall or fence shall be equivalent to the maximum height of a wall or fence in the zoning district in which the site is located or six feet, whichever is less. ... (f) Hours of operation. ... ... 2. Outdoor activities may only be conducted between the hours of 7:00 a.m. and 7:00 p.m. in residential zoning districts and 6:00 a.m. and 7:00 p.m. in non-residential zoning districts. ... (C) Zoning ordinance. Any person or corporation who shall violate any of the provisions of these ordinances or fail to fully comply therewith ... shall be subject to civil penalties of not more than $500 per day of violation.

Full Breakdown

The Area Plan Commission processes the conditional use application: an applicant files with the APC office, pays the fee set by the legislative body, and submits a ten-copy site plan at least 30 days before the next APC meeting, per Section 157.040(B)(1)-(2). The BZA must hold a public hearing before granting the special exception, and a denied petition cannot be resubmitted for a year absent new facts (Section 157.040(B)(4)-(5)). For the day-care use itself, Section 157.040(D)(5) sets the outdoor play area at a minimum of 75 square feet per child, bars that play space from sitting within 25 feet of an abutting residential structure, and requires a wall or fence around it, matched to the zoning district's maximum fence height or six feet, whichever is less; a more than 50%-perforated fence needs added vertical landscaping.

Parking cannot sit in a required front or corner-side setback, refuse storage must comply with Section 157.031 and outdoor lighting with Section 157.032, and outdoor activity is capped between 7:00 a.m. and 7:00 p.m. in residential districts and 6:00 a.m. to 7:00 p.m. in non-residential districts. Indoor operating hours in residential districts are fixed by the conditional use permit itself.

Violations & Fines

Operating without the required BZA special exception, or violating any of these site standards, is a zoning ordinance violation under Section 157.165(C), carrying civil penalties of up to $500 per day the violation continues. The Area Plan Commission or BZA can also sue in circuit court for an injunction to stop the use or force removal of a noncompliant structure, and may recover attorney's fees and costs if it prevails.

Frequently Asked Questions

Can I open a child day-care center in unincorporated Boone County without a permit?
No. Section 157.040 makes day-care centers a conditional use, so you need a special exception from the Board of Zoning Appeals through the Area Plan Commission before opening, including a public hearing and a ten-copy site plan filed at least 30 days ahead.
How much outdoor play space does a Boone County day care need?
Section 157.040(D)(5) requires a minimum of 75 square feet of outdoor play space per child, and that space cannot sit within 25 feet of a residential structure on an abutting lot.
What hours can outdoor activities run at a Boone County day care?
Outdoor activities are limited to 7:00 a.m. to 7:00 p.m. in residential zoning districts and 6:00 a.m. to 7:00 p.m. in non-residential districts, per Section 157.040(D)(5)(f).
What happens if a day care doesn't meet these standards?
It is a zoning violation under Section 157.165(C), punishable by civil penalties of up to $500 per day, and the APC or BZA can seek a court injunction to halt the use.

Sources & Official References

Other rules in Boone County

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