Skip to main content
CityRuleLookup

O'Fallon, MO Home Business: Home Daycare (2026)

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

Key Facts

Governing definition
Section 400.035, "Daycare Center, Child"
Trigger
Care for 4+ hours a day, any age
Zoning requirement
Conditional use permit in every residential district
Approving body
City Council, on Commission recommendation
First violation fine
$200, rising to $450 for repeats
Reapplication bar
12 months after a denial

Summary

O'Fallon's Zoning Code treats any place that cares for children four or more hours a day as a 'daycare center,' whether or not it operates for profit. That definition sweeps in home-based child care, so Appendix A to the Zoning Code requires a conditional use permit before a daycare center use can open in any residential zoning district, R-1 through R-5.

DAYCARE CENTER, CHILD: A place which provides shelter and personal care to children who are not related within the third degree computed according to civil law to the operator, for four (4) or more hours of any part of twenty-four (24) hour day, whether such place be organized or operated for profit or not. The term "daycare center" includes child care facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4860992; v58 updated 2026-05-14; through 05-14-2026).

Full Breakdown

035 of the Zoning Code defines 'DAYCARE CENTER, CHILD' broadly: a place providing shelter and personal care to children unrelated to the operator within the third degree, for four or more hours of any twenty-four-hour day, run for profit or not, and it expressly includes child care facilities, kindergartens and nurseries. Because the definition sets no minimum number of children, a family child care business run out of a house meets the same legal definition as a commercial daycare center. Appendix A to Title IV, the Permitted and Conditional Use Table, lists 'Daycare center, child' as a 'C' use, conditionally permitted, in the R-1, R-1A, R-2, R-3, R-4 and R-5 residential districts, meaning every residential district in the city requires a conditional use permit before the operator may begin caring for children.

Under the Appendix A note, a 'C' designation means the permit must be granted by the City Council after a recommendation from the Planning and Zoning Commission, not approved administratively by city staff. 320, the application first goes to the Planning and Development Department for a staff report, then to a Planning and Zoning Commission hearing, followed by a first and second reading and vote by the City Council. 325 requires an opportunity for citizen comment at both the Commission and Council hearings and lets the Council attach conditions such as time limits, screening, parking and hours restrictions. A denied application cannot be resubmitted for twelve months absent new evidence.

Violations & Fines

Operating a home daycare without the required conditional use permit is a zoning violation enforced by the Director of Planning and Development under Article XV of the Zoning Code. Section 400.655 sets maximum fines of $200 for a first violation within any twelve-month period, $275 for a second, $350 for a third, and $450 for a fourth or later violation, plus court costs; anyone who ignores a written order to correct the violation within ten days faces an additional $250 civil penalty.

Frequently Asked Questions

Can I run a home daycare in O'Fallon without a permit?
No. O'Fallon's Zoning Code defines any place caring for children four or more hours a day as a 'daycare center' regardless of size or profit status. Appendix A to the Zoning Code lists that use as conditionally permitted, not permitted by right, in every residential district, so a home-based operation needs a conditional use permit approved by the City Council before it can legally open.
Who approves a home daycare's conditional use permit?
The City Council approves it, not city staff. Under Section 400.320, the Planning and Development Department first reviews the application, the Planning and Zoning Commission holds a hearing and makes a recommendation, and the City Council then votes on the permit ordinance over two meetings, called the first and second readings.
What happens if I operate a home daycare without the permit?
Section 400.655 treats it as a zoning violation carrying escalating fines: $200 for a first offense within twelve months, $275 for a second, $350 for a third, and $450 for a fourth or later offense, plus court costs. Ignoring a written correction order adds a separate $250 civil penalty.
Can the city set conditions on a home daycare's permit?
Yes. Section 400.325 lets the Planning and Zoning Commission and City Council attach conditions safeguarding the neighborhood, covering things like screening, landscaping, parking, drainage and time limits on the permit, and any violation of those conditions is itself grounds to terminate the conditional use permit.

Sources & Official References

Other rules in O'Fallon

All O'Fallon rules

Compare O'Fallon to another location·View the Missouri home business overview

Get notified when Home Daycare in O'Fallon, MO 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.