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Kendall County, IL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Zoning definition
supervises more than 3 unrelated children, § 36-2
Permit needed
special use permit in RPD-1, § 36-365(b)(3)
Minimum lot area
45,000 gross square feet
Parking requirement
0.33 spaces per student plus 1 per employee, § 36-1015
State cross-reference
Illinois Childcare Act of 1969, 225 ILCS 10
Penalty
up to $500 per week, § 36-3

Summary

Kendall County's zoning code defines a day care facility as one supervising more than three unrelated children for less than 24 hours a day, cross-referencing the Illinois Childcare Act. In the RPD-1 planned development district, a child day care facility needs a special use permit, a minimum 45,000-square-foot lot, and appropriate outdoor play areas under Section 36-365.

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

Day care facility means facilities that provide supervision and care of more than three (3) children unrelated to the operator of the facility for less than twenty-four (24) hours per day. The term "day care facility" includes day care centers and day care homes as defined and regulated under the Illinois Childcare Act (of 1969) (225 ILCS 10). ... (3)Child day care facilities, subject to the following:a.Minimum lot area of forty-five thousand (45,000) gross square feet.b.Provision of appropriate outdoor play areas.c.Other standards as appropriate for the particular location and use, such as screening, buffering, and fencing or other provisions to promote the health, safety, and welfare of County residents.

Full Breakdown

Kendall County's zoning definitions section, Section 36-2, defines 'day care facility' as any facility providing supervision and care of more than three children unrelated to the operator for less than 24 hours a day, and folds in day care centers and day care homes as those terms are defined and regulated under the Illinois Childcare Act of 1969 (225 ILCS 10), meaning the County's zoning definition sits on top of, rather than replaces, the State's licensing scheme. Where a child day care facility can locate depends on the zoning district.

In the County's RPD-1 residential planned development district, Section 36-365(b)(3) allows child day care facilities only by special use permit, subject to a minimum lot area of 45,000 gross square feet, provision of appropriate outdoor play areas, and any other standards found appropriate for the location, such as screening, buffering, or fencing to protect the health, safety, and welfare of County residents. Separately, Section 36-364 allows child day care services as an accessory use to a place of worship or a school in an RPD-1 development, subject to all applicable regulations, including parking.

33 parking spaces per student capacity, as determined by the local Fire Protection District, plus one parking space per employee, and requires the site to provide adequate drop-off and pick-up locations.

Violations & Fines

Operating a child day care facility in the RPD-1 district without the required special use permit, or without meeting the lot-area, outdoor play area, and parking conditions attached to that permit, is a zoning violation. Chapter 36's general penalty at Section 36-3 makes any violation of the zoning chapter a petty offense punishable by a fine of up to $500, with each week the violation continues a separate offense, plus the County's costs of abatement and prosecution.

Frequently Asked Questions

Does Kendall County require a special permit to open a home day care?
It depends on the zoning district and the definition threshold. Section 36-2 only classifies a facility as a 'day care facility' once it supervises more than three unrelated children; in the RPD-1 planned development district, Section 36-365(b)(3) requires a special use permit, a 45,000-square-foot minimum lot, and outdoor play space for a child day care facility.
How much parking does a childcare center need under Kendall County zoning?
Section 36-1015 requires 0.33 off-street parking spaces per student capacity, as determined by the local Fire Protection District, plus one additional space for each employee, and the site must include adequate drop-off and pick-up areas.
Does Kendall County or the State license day care centers?
The State does. Section 36-2 expressly ties the County's zoning definition of 'day care facility' to the Illinois Childcare Act of 1969 (225 ILCS 10), so a facility must meet State licensing requirements administered separately from the County's zoning and special use permit process.

Sources & Official References

Other rules in Kendall County

All Kendall County rules

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