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Indianapolis, IN Home Business: Home Daycare (2026)

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

Key Facts

Governing section
Zoning Ordinance Sec. 743-306.H
Use classification
Accessory use, not a home occupation
Provider residency
Must live on site as permanent residence
State license
Required under IC Title 12
Class I cap
12 children plus 3 school-age
Class II cap
Up to 16 children combined
Enforcement
Civil zoning violation, Sec. 740-1005

Summary

Indianapolis zoning lets a family child care operation run inside a home only as an accessory use, never as a home occupation, under Zoning Ordinance Sec. 743-306.H. The provider must live there as a permanent resident, and the business must carry an Indiana Family and Social Services license under IC Title 12 covering Class I homes (up to 12 children, plus 3 school-age) and Class II homes (up to 16 children).

Child care home.1.A child care home is only permitted as an accessory use to a dwelling unit. It is not considered a home occupation.2.The child care provider shall reside on site as their permanent residence.3.Child care homes must be licensed and shall comply with all provisions of IC Title 12.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47 Update 2).

Full Breakdown

Sec. 743-306.H of the Zoning Ordinance treats a child care home the way it treats a garage or a shed: as an accessory use tied to the dwelling, not as a business operating out of the house. The section reads in full: 'A child care home is only permitted as an accessory use to a dwelling unit. It is not considered a home occupation. The child care provider shall reside on site as their permanent residence. Child care homes must be licensed and shall comply with all provisions of IC Title 12.' That third sentence matters because it pulls the operator out from under the separate Home Occupations standards of Sec. 743-306.L, so a licensed child care home is not limited by the 600-square-foot/30% space cap or the four-visitor rule that apply to other home businesses.

The chapter's definitions section, Sec. 740-202, spells out what a 'child care home' actually is under state law: a residence where at least six children receive care 'while unattended by a parent, legal guardian, or custodian,' 'for regular compensation,' and 'for more than four hours but less than 24 hours in each of 10 consecutive days per year.' A Class I Child Care Home tops out at 12 full- and part-time children, plus up to three additional school-age kids during the school year; a Class II home can serve up to 16 children combined. Both classes exclude the provider's own older children and relatives from the headcount.

Because this is a zoning-code accessory use rather than a licensed permit type, the city enforces noncompliance, such as an unlicensed operation or a provider who does not live on site, as a civil zoning violation under Sec. 740-1005, with each uncorrected day counting as a new violation under Sec. 740-1006. A property owner cited for a first offense in a 12-month span can admit the violation and pay the designated penalty through the Ordinance Violations Bureau; repeat offenses draw the fuller enforcement track under Sec. 103-3, capped at the fine ceiling set by IC 36-1-3-8.

Violations & Fines

An unlicensed child care home, or one where the provider does not live on site, is a civil zoning violation under Sec. 740-1005, not a criminal offense. The first violation in 12 months can be resolved by admitting fault and paying the designated fine through the Ordinance Violations Bureau (Chapter 103); each day it continues after that counts as a new violation under Sec. 740-1006, with penalties capped at the limit IC 36-1-3-8 sets for city ordinances.

Frequently Asked Questions

Can I open a daycare in my Indianapolis home without special zoning approval?
Yes, as long as it stays inside the accessory-use rule in Sec. 743-306.H: you must live on site as your permanent residence and hold a valid state child care license under IC Title 12. Because a child care home is zoned as an accessory use rather than a home occupation, it is not bound by the home occupation chapter's 600-square-foot workspace cap or its four-visitor limit.
What's the difference between a Class I and Class II child care home?
A Class I home can serve up to 12 full- and part-time children at once, plus as many as three additional school-age children enrolled in kindergarten or above during the school year. A Class II home can serve any combination of up to 16 children. Both counts exclude the provider's own children age seven or older and any child at least 14 who does not need care.
Does the person running the daycare have to live in the house?
Yes. Sec. 743-306.H.2 requires the child care provider to reside on site as their permanent residence; a daycare run by a non-resident operator out of a rental or investment property does not qualify as this accessory use and is not permitted under this section.
What happens if code enforcement finds an unlicensed home daycare?
It is treated as a civil zoning violation under Sec. 740-1005. A first offense in a 12-month period can be settled by admitting the violation and paying the set fine through the Ordinance Violations Bureau; each additional day the daycare keeps operating unlicensed counts as another violation, with fines capped under Sec. 103-3 and IC 36-1-3-8.

Sources & Official References

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