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Black Hawk County, IA Home Business: Home Daycare (2026)

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

Key Facts

"Day nursery" threshold
6 or more preschool-age children, for pay
Permitted districts
"R-S" and "A-L" (as listed use)
Below-threshold home care
governed as a home occupation
Home occupation employee cap
2 nonresident employees max
First-offense fine
$250

Summary

A facility caring for six or more preschool-age children for pay is a "day nursery" under county code, and unincorporated Black Hawk County permits day care or nursery facilities as a principal use only in specific zoning districts, alongside schools and churches.

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

“Day nursery,” “nursery school,” or “day care (public)” means any agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six or more children of preschool age, for compensation. ... 2. Schools, both public and private educational institutions, preschools and day care or nursery facilities.

Full Breakdown

010 defines "day nursery," "nursery school," or "day care (public)" as any agency, institution, establishment or place providing supplemental parental care or educational work, other than overnight lodging, for six or more preschool-age children for compensation. 010(A)(6). That means a licensed day care serving six or more children needs to sit in a district where the use is listed; it is not a by-right use everywhere in the unincorporated county. 190, which require the activity to be clearly incidental to residential use, conducted entirely within the existing dwelling, run by resident family members plus at most two nonresident employees, and produce no exterior evidence, such as outside storage, signage beyond one permitted sign, noise, odors or excessive traffic, perceivable from the lot line.

Water, sewer and waste disposal for either use remain subject to County Health Department approval. This zoning framework governs unincorporated land only; a home daycare inside Waterloo, Cedar Falls, Evansdale, Hudson, La Porte City, Dunkerton, Gilbertville, Elk Run Heights or Raymond is regulated under that city's own code, not BHCC Title 18.

Violations & Fines

Operating a day care or nursery facility in a district where the use is not listed, or running a home occupation that violates the BHCC 18.70.190 standards, is a zoning infraction. BHCC 18.145.010 sets fines of $250 for a first offense, $500 for a second, and $750 for a third or subsequent offense, and the Administrative Officer under BHCC 18.140.010 may seek a court order to stop the noncompliant use.

Frequently Asked Questions

How many kids can I watch at my home in unincorporated Black Hawk County before it counts as a licensed day care?
Six. BHCC 18.10.010 defines a "day nursery" or "day care" as care for six or more preschool-age children for compensation; below that, the arrangement is treated as a home occupation instead.
What zoning districts allow a day care or nursery facility?
It is listed as a principal permitted use in the "R-S" Residential-Suburban District under BHCC 18.35.010(A)(2) and the "A-L" Agricultural-Limited District under BHCC 18.25.010(A)(6), alongside schools and churches.
Can I run a small in-home daycare as a home business instead?
Yes, if it stays under the six-child "day nursery" threshold and meets BHCC 18.70.190's home occupation standards: conducted entirely inside the dwelling, run by resident family plus at most two nonresident employees, with no exterior evidence of the business.
Does this apply to daycares inside Cedar Falls or Waterloo?
No. This is the unincorporated county's ordinance. A daycare inside any of the county's incorporated cities is zoned under that city's own municipal code, not BHCC Title 18.

Sources & Official References

Other rules in Black Hawk County

All Black Hawk County rules

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