Macon County, IL Home Business: Home Daycare (2026)
Key Facts
- R1/R2 classification
- Special use, not permitted by right
- Approval body
- Board of Appeals, public hearing required
- Governing sections
- § 155.115(B)(2)(c), § 155.116
- Permit expiration
- Void if work not underway within 1 year
- Penalty
- Up to $500 per offense, § 155.999
Summary
A day care or day nursery facility in a Macon County residential district is a special use, not a use allowed by right. Section 155.115(B)(2)(c) requires special use permit approval from the Board of Appeals before a home in the R1 or R2 district can operate as a day care.
(2) Special uses. ... (c) Day care or day nursery facilities.
Full Breakdown
Macon County Code § 155.115(B) governs land use in the R1 Single Family Residential District, and its permitted-use list, § 155.115(B)(1), does not include day care. Instead, § 155.115(B)(2)(c) places 'day care or day nursery facilities' on the district's special-use list, alongside governmental structures and incidental parking lots, meaning a residential property owner who wants to run a day care home needs a special use permit rather than simply opening one as a home occupation. Section 155.116 extends the same rule to the R2 Single Family Residential District by cross-reference, adopting all of R1's permitted and special uses.
Getting the special use permit means going through §§ 155.180-155.182: the Administrative Officer refers the petition to the Board of Appeals for a public hearing, and the proposed day care must otherwise comply with all of the district's regulations, including the § 155.183 height and area table and the § 155.195-155.201 off-street parking standards for the specific use. Once granted, the permit is tied to that specific use and becomes void if it is not substantially underway within one year, or if the day care operation ceases for more than a year, under § 155.047(C) and (D).
This is distinct from ordinary home occupations, which § 155.115(B)(1)(f) allows as a permitted use without a special hearing; a day care crosses into the special-use category because of the traffic, occupancy, and business-activity concerns the Board evaluates case by case.
Violations & Fines
Operating a day care home in an R1 or R2 district without the required special use permit violates § 155.115(B)(2)(c) and is subject to the zoning chapter's general penalty at § 155.999: up to $500 per offense, with each week of unpermitted operation counted as a separate offense. The county can also pursue the case through the Board of Appeals process, and an operator may need to secure a state day care license separately from the county's own permit.
Frequently Asked Questions
Can I run a day care out of my home in unincorporated Macon County?
Does the rule apply in R2 as well as R1?
Who approves a special use permit for a home day care?
What happens if I operate a day care without the permit?
Sources & Official References
Other rules in Macon County
Compare Macon County to another location·View the Illinois home business overview
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