Indiana law bars a city from excluding a licensed child care home from a residential area just because it is a business (IC 36-7-4-1108). Larger commercial day nurseries are different: Carmel requires a minimum one-acre lot for a day nursery or day care use.
A licensed child care home operated in the provider's primary residence is protected by Indiana Code IC 36-7-4-1108, which forbids a zoning ordinance from excluding it from a residential area solely because it is a business, and bars local child-count or safety rules stricter than state limits. Child care homes are licensed by the state (FSSA) under IC 12-17.2; a Class I home may serve up to twelve children plus three in full-day care. A larger, commercial day nursery/day care use is a separate zoning category: Carmel UDO 5.49 (US-03) requires such a use to sit on at least one acre and typically needs a special use approval. Confirm licensing with FSSA and zoning with your city.
Running an unlicensed home over the state child limit, or a commercial day nursery on an undersized lot, violates state licensing and city zoning rules.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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See how Hamilton County's home daycare rules stack up against other locations.
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