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Olmsted County, MN Home Business: Home Daycare (2026)

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

Key Facts

Permitted use in
A-1, R-1, R-2 districts
Day care facility cap
12 persons
Group family day care cap
14 children
Sign limit
4 sq ft at driveway
Permit above cap
conditional use permit

Summary

Family and group family day care is a permitted, by-right use across Olmsted County's A-1, R-1 and R-2 zoning districts, capped at 12 people for a licensed day care facility and 14 children for a group family day care home, with only a small driveway sign allowed to advertise it.

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

15. The following non-residential uses: State licensed non-residential facility or day care facility serving 12 or fewer persons, and a group family day care facility serving 14 or fewer children. No more than one four (4) square foot sign advertising the facility shall be permitted at the primary driveway entrance.

Full Breakdown

04(A)(8)), so a home day care serving up to 12 licensed clients, or a group family day care home serving up to 14 children, needs no conditional use permit or public hearing in any of these zones. 02. 02 for compatibility with the surrounding neighborhood, adequate parking and drainage. These zoning provisions only govern where the daycare can operate; separate state licensing through the Minnesota Department of Human Services and county fire and health inspections still apply regardless of the zoning district.

Violations & Fines

Operating a day care facility beyond the 12- or 14-child cap, or adding signage larger than the four-square-foot limit, without first securing a conditional use permit is a zoning violation. Under Ch. 1400 § 3.10, any person violating the zoning ordinance "shall be guilty of a misdemeanor," with each day the violation continues counted as a separate offense, on top of any state licensing enforcement.

Frequently Asked Questions

Do I need a conditional use permit to run a home day care?
No, not if you stay within the caps. Section 5.00(A)(15) and the matching provisions for the R-1 and R-2 districts list a licensed day care facility serving 12 or fewer people, or a group family day care home serving 14 or fewer children, as a permitted use requiring no public hearing.
Can I put up a sign for my in-home day care?
Only one, and it can't exceed four square feet. The ordinance allows "no more than one four (4) square foot sign advertising the facility" and requires it be placed at the primary driveway entrance, not along the road frontage generally.
What if my day care grows past 14 children?
Then it no longer qualifies as a permitted use in these residential and agricultural districts. You would need a conditional use permit and Planning Advisory Commission review under Section 4.02, which considers traffic, parking and neighborhood impact before approval.

Sources & Official References

Other rules in Olmsted County

All Olmsted County rules

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