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

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

Key Facts

Governing section
§ 93.088 Nursery Schools
Indoor floor space
50 sq ft per child, plus sleeping area
Outdoor play area
100 sq ft per child, fenced
Fine range
$10 to $500 per day
Applies to
unincorporated Madison County only

Summary

Where a nursery school is a permitted zoning use in unincorporated Madison County, § 93.088 requires at least 50 square feet of indoor floor space per child, on top of any area used for sleeping, plus at least 100 square feet of fenced outdoor play area per child. Both figures are per-child minimums, not building totals.

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

In any district where nursery schools are permitted, the following requirements shall be met. (A) For each child at east 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes. (B) For each child at least 100 square feet of outdoor, enclosed (fenced) play area shall be provided.

Full Breakdown

088, titled 'Nursery Schools,' is one of the use-specific standards in Chapter 93's general zoning regulations that applies wherever the underlying zoning district allows a nursery school use. It sets two per-child space minimums rather than a flat site size. Division (A) requires at least 50 square feet of floor space for each child, calculated in addition to whatever space the facility already sets aside for sleeping purposes, so nap areas cannot be counted toward the 50-square-foot activity space figure. Division (B) requires at least 100 square feet of outdoor play area per child, and specifies that the area must be enclosed, meaning fenced, which ties into the general fencing and screening standards used elsewhere in the zoning code for outdoor recreation areas.

Because both numbers scale with enrollment, a larger nursery school needs proportionally more indoor and fenced outdoor space before the Zoning Administrator will sign off on the use, whether that approval comes through a straightforward permitted use review or, in districts where nursery schools require it, a special use permit process. 088 governs only the zoning-level site and space requirements. This standard reaches only unincorporated Madison County property; a nursery school or daycare inside Edwardsville, Alton or another incorporated municipality is subject to that city's own zoning and building requirements instead.

Violations & Fines

A nursery school sited or built without meeting the 50-square-foot indoor and 100-square-foot fenced outdoor per-child minimums is a zoning violation the Zoning Administrator can cite under § 93.999(A), which sets a fine of not less than $10 nor more than $500, with each day the deficiency continues after notice counted as a separate offense. The county may also pursue a Circuit Court action under § 93.999(B) to restrain occupancy or use of the facility until the space requirements are met.

Frequently Asked Questions

How much indoor space does a nursery school need per child in unincorporated Madison County?
At least 50 square feet of floor space per child under § 93.088(A), and that figure is calculated in addition to any area the facility sets aside for sleeping, so nap space does not count toward the 50-square-foot minimum.
Does the outdoor play area have to be fenced?
Yes. Section 93.088(B) requires at least 100 square feet of outdoor play area per child and specifically requires that area to be enclosed, meaning fenced, before the use can be approved.
Does this cover staffing ratios or licensing for a daycare?
No. Section 93.088 only sets the zoning-level indoor and outdoor space minimums for where a nursery school can locate and how much room it must provide per child. Staffing, ratios and day-to-day licensing are handled separately by the Illinois Department of Children and Family Services.
Do these space requirements apply to a daycare in Edwardsville or Alton?
No. Section 93.088 is part of the Madison County zoning code and applies only in unincorporated territory. A nursery school inside an incorporated city follows that city's own zoning and building code instead.

Sources & Official References

Other rules in Madison County

All Madison County rules

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