Skip to main content
CityRuleLookup

Kendall County, IL Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
Only if you care for three or fewer children unrelated to you; Section 36-2 defines a regulated day care facility as one serving more than three such children. Cross that number and the R-1 district's Section 36-330(6) requires a special use permit from the Zoning Board of Appeals before the business can legally operate.
Does county code treat a home day care differently from a day care center?
No. Section 36-2 lumps them together: the definition of day care facility explicitly includes day care centers and day care homes as defined and regulated under the Illinois Childcare Act. Both trigger the same special use permit requirement in the residential district where they're located.
Which County office handles the special use application?
The Planning, Building & Zoning Department intakes the application and staffs the public hearing required by Article II of Chapter 36; the Zoning Board of Appeals then makes a recommendation and the County Board votes on final approval before the day care may open.

Sources & Official References

Other rules in Kendall County

All Kendall County rules

Compare Kendall County to another location·View the Illinois home business overview

Get notified when Home Daycare in Kendall County, IL changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.