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Vanderburgh County, IN Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Capacity cap
12 persons per day
24-hour care
not permitted
Approval body
Board of Zoning Appeals
Notice required
12 days, certified mail
First violation fine
up to $500.00
Refiling bar after denial
12 months

Summary

Vanderburgh County only allows a resident-run preschool or adult day care in a home through a Board of Zoning Appeals special use permit under Special Use 27, capped at 12 people a day and barring 24-hour care.

City-specific rules exist: Evansville has its own home daycare rules that differ from Vanderburgh County's county-level regulations. If you live in Evansville, check the city-specific page instead.

SU 27 Resident-occupied and resident-operated preschools, adult day care facilities or similar operations which keep up to 12 persons on a daily basis, but not including 24-hour care

Full Breakdown

070 restricts to the zoning districts identified on the chapter's use table. 030, submitting a site plan showing the proposed use, building and structure locations, access drives and off-street parking, and required buffer landscaping. The Board must hold a public hearing under IC 36-7-4 after the applicant gives 12 days' notice by certified mail to abutting owners and any registered neighborhood association, plus posted and published notice; missing that notice window forces withdrawal of the petition. The Board weighs site suitability, effect on the surrounding area, nuisance or safety hazards, adequacy of facilities, harmony with the Evansville-Vanderburgh County Comprehensive Plan, and public convenience, and may attach conditions such as larger yards, added parking or screening, and time limits.

120). Because county zoning authority under Indiana law reaches only the unincorporated area, this special-use track applies outside Evansville and Darmstadt; a home day care inside those municipalities falls under their own zoning, not this county chapter.

Violations & Fines

Operating an unlicensed home preschool or day care without an approved Special Use 27 designation is a zoning code violation under Section 17.36.150. A first Notice of Ordinance Violation from the Area Plan Commission carries a civil penalty of up to $500.00; a second violation within 12 months rises to $1,000.00, a third to $2,500.00, and a fourth to $5,000.00. A person aggrieved by a Board of Zoning Appeals denial may appeal under IC 36-7-4-1000 et seq.

Frequently Asked Questions

Can I run a home day care anywhere in Vanderburgh County?
Only in the unincorporated county, and only after the Board of Zoning Appeals grants a Special Use 27 permit under Section 17.28.050. It is capped at 12 people daily with no 24-hour care, and the district must be one listed on the Section 17.28.070 special-use table.
What has to go in the special use application?
Section 17.28.030 requires a site plan showing the proposed use, the location and size of buildings and signs, streets and off-street parking, required buffer landscaping, and any additional materials the Area Plan Commission staff deems necessary before the Board schedules a public hearing.
What happens if I operate without the permit?
The Area Plan Commission can issue a Notice of Ordinance Violation under Section 17.36.150, starting at up to $500.00 for a first offense and escalating to $1,000.00, $2,500.00, and $5,000.00 for repeat violations within 12 months.

Sources & Official References

Other rules in Vanderburgh County

All Vanderburgh County rules

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