Kendall County, IL Home Business: Home Daycare (2026)
Key Facts
- Threshold
- More than 3 unrelated children triggers definition
- Zoning tool
- Special use permit, Section 36-330(6)
- District
- R-1 One-Family Residence District
- Review body
- Zoning Board of Appeals and County Board
- State reference
- Illinois Childcare Act, 225 ILCS 10
- Max fine
- Up to $1,000 under Section 1-9
Summary
Running a child day care out of a home in unincorporated Kendall County's R-1 district requires a special use permit, not a by-right business license: the County Code defines any facility caring for more than three unrelated children as a day care facility, covering day care homes as well as centers, and lists child day care as a special use the Zoning Board of Appeals must approve.
Day care facility means facilities that provide supervision and care of more than three (3) children unrelated to the operator of the facility for less than twenty-four (24) hours per day. The term "day care facility" includes day care centers and day care homes as defined and regulated under the Illinois Childcare Act (of 1969) (225 ILCS 10). ... The following uses may be allowed in the R-1 district by special use permit, in accordance with the provisions of Article II of this chapter: ... (6)Child day care facilities.
Full Breakdown
Kendall County zones unincorporated territory under 55 ILCS 5/5-12001, and its own Code, not any city's ordinance, governs a family day care home operated inside a residence. Section 36-2 defines day care facility broadly: any operation supervising more than three children unrelated to the operator for less than twenty-four hours per day, expressly folding in day care homes as defined and regulated under the Illinois Childcare Act (of 1969), 225 ILCS 10. Because that definition captures home-based providers, a resident who cares for more than three unrelated children in the R-1 One-Family Residence District, the County's principal large-lot residential zone, needs a special use permit under Section 36-330(6) before opening.
The same child day care facilities listing appears as a special use across most of the County's other residential and business districts (R-4, B-1, B-2, B-3, B-6) and as a permitted use in the B-4 district, but R-1 is the district that covers most unincorporated single-family acreage. Getting the special use means filing with the Planning, Building & Zoning Department and going through the public hearing process set out in Article II of Chapter 36, ending in a Zoning Board of Appeals recommendation and County Board vote; unlike the RPD-1 planned-development version of this same use, which the Code conditions on a minimum 45,000-square-foot lot and dedicated outdoor play area, the R-1 listing carries no separate numeric conditions in the ordinance text beyond the general special-use standards. Operating with three or fewer unrelated children falls outside the day care facility definition altogether and needs no zoning approval.
Violations & Fines
Opening a home day care in the R-1 district without first obtaining the Section 36-330(6) special use permit is a zoning violation prosecuted like any other Code breach: Section 1-9 makes a conviction punishable by a fine of up to $1,000, with each day of continued unpermitted operation a separate offense, and the County can also seek injunctive relief or refer the matter to the Zoning Board of Appeals for permit revocation proceedings.
Frequently Asked Questions
Can I run a home day care in unincorporated Kendall County without a permit?
Does county code treat a home day care differently from a day care center?
Which County office handles the special use application?
Sources & Official References
Other rules in Kendall County
Compare Kendall County to another location·View the Illinois home business overview
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