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Franklin County, KY Home Business: Home Daycare (2026)

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

Key Facts

Counts as day care center
Four or more children, operator's own included
RR, RA, RB, RC, RS, RD
Conditional use, no more than six children
RL and RH
Conditional use, no more than 12 children
Minimum lot
Not less than 5,000 square feet
Signs
Not permitted to advertise the business
Maximum fine
$250 per offense, each day separate

Summary

In unincorporated Franklin County, Kentucky, a home or dwelling unit that regularly cares for four or more children counts as a day care center. In the RR, RA, RB, RC, RS and RD districts it needs a conditional use and is capped at six children, including the operator's own.

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

DAY CARE CENTERS. ... Any facility, including a home or dwelling unit which regularly provides care for four or more children away from the child’s own home and is designed to supplement parental or guardian care. The operator’s own children shall be included in the total number of children permitted. ... (1) A day care center, nursery or kindergarten may be granted a conditional use is the RR, RA, RB, RC, RS and RD Zone Districts and shall contain no more than six children. A day care center, nursery or kindergarten may be granted a conditional use in the RL and RH Zone Districts, but shall contain no more than 12 children. ... Signs shall not be permitted to advertise this business.

Full Breakdown

Franklin County's zoning definitions in § 155.010 do not set aside a separate family child care home category in the provisions read here. Instead, DAY CARE CENTERS covers any facility, including a home or dwelling unit, which regularly provides care for four or more children away from the child's own home. The operator's own children are included in the total number of children permitted, so a parent caring for two neighbor children and two of their own has reached the four-child line.

Section 155.110(A)(1) then sets the residential limits. In the RR, RA, RB, RC, RS and RD Zone Districts a day care center, nursery or kindergarten may be granted a conditional use and must contain no more than six children. In the RL and RH districts the cap is 12 children. A program inside a church in any residential district can seek a conditional use for more than six or 12 children if every requirement of the section is met. Signs shall not be permitted to advertise the business.

The Board of Zoning Adjustments decides the conditional use under § 155.105, which requires adequate street capacity, available public facilities, no adverse effect on adjacent property and appropriate screening or buffering. The remaining requirements of § 155.110 also apply to a home program: a site plan showing ingress, egress, parking, structure site and playing area, a lot of not less than 5,000 square feet, a fenced play area of 1,500 square feet for the first ten children plus 100 square feet for each additional child, and at least 35 square feet of usable interior space per child, not counting kitchen, bath or passageway space. The use table note for day care centers sends applicants to § 155.110 as well.

Violations & Fines

Operating a day care in a home without the conditional use, or beyond its conditions, violates the zoning chapter. Section 155.999(A) sets a fine not to exceed $250, and each day the violation or non-compliance continues is a separate offense.

Frequently Asked Questions

At how many children does a home daycare need approval in Franklin County, Kentucky?
The § 155.010 definition of day care centers begins at four or more children away from their own home, and it counts the operator's own children. A home program at that size needs a conditional use from the Board of Zoning Adjustments in the residential districts.
What is the maximum group size in a residential district?
Section 155.110(A)(1) caps a day care center, nursery or kindergarten at six children in the RR, RA, RB, RC, RS and RD districts, and at 12 children in the RL and RH districts. A church program in a residential district can ask for more through a conditional use.
Can I put up a sign for my in-home daycare?
No. Section 155.110(A)(1) states that signs shall not be permitted to advertise this business. Any conditional use in a residential district is also held to the sign limit of two square feet in § 155.105(F), but the daycare rule is stricter and bars advertising signs outright.
Does the Frankfort city code apply to my daycare?
Only inside Frankfort, which has a separate code. These rules come from the Franklin County Code adopted by the Fiscal Court and apply in unincorporated Franklin County, Kentucky, so check which side of the city limit the property sits on.

Sources & Official References

Other rules in Franklin County

All Franklin County rules

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