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St. Clair County, IL Home Business: Home Daycare (2026)

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

Key Facts

Children allowed
5 beyond the operator's own children
Indoor space required
50 sq ft per child, non-sleeping
Outdoor play area
100 sq ft fenced, per child
State law layered on
Illinois Child Care Act, 225 ILCS 10/11
Enforcing agency
St. Clair County Zoning Administrator
Penalty
$50-$500 fine per day, Class B misdemeanor

Summary

A day care or nursery school run out of an occupied residence in unincorporated St. Clair County is capped at five children beyond the operator's own kids, and the property must provide 50 square feet of indoor space and 100 square feet of fenced outdoor play area per child, per Zoning Ordinance Sec. 40-5-19.

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

(C) When nursery school or day care centers are conducted within an occupied residence, there shall be no more than five (5) children in addition to the children of the occupant. (D) Any nursery school/day care center shall comply with all other requirements of the Illinois Child Care Act of 1969 as amended (225 ILCS 10/11 et seq.)

Full Breakdown

Zoning Ordinance Sec. 40-5-19 applies wherever a nursery school or day care center is a permitted use in unincorporated St. " That five-child cap applies on top of whatever children already live in the home, so a provider with two children of her own can care for up to seven total. Subsections (A) and (B) set the physical space every day care must provide regardless of location: at least fifty square feet of floor space per child beyond what is set aside for sleeping, and at least one hundred square feet of outdoor, fenced play area per child.

)," which is where licensing, staff-to-child ratios, and background checks are actually set; the county's role is limited to where the use can locate and how much space it needs, not how it is staffed or licensed. A home day care beyond five children, or one that does not meet the space or fenced-play requirements, is not a permitted home occupation and needs Zoning Board of Appeals review as a separate use.

Violations & Fines

Running a home day care over the five-child cap, or without the required 50-square-foot indoor and 100-square-foot fenced outdoor space per child, violates Sec. 40-5-19 and is enforced under the Zoning Code's general penalty, Sec. 40-11-10: a Class B misdemeanor fined $50 to $500 plus costs, with each day of noncompliance a separate offense, on top of any state licensing action under the Child Care Act.

Frequently Asked Questions

How many kids can I watch at a home day care in St. Clair County?
Five, in addition to your own children. Zoning Ordinance Sec. 40-5-19(C) caps an in-home nursery school or day care at five children beyond the ones the occupant already has living there, regardless of the size of the house.
How much space does a home day care need?
At least fifty square feet of indoor floor space per child, not counting sleeping areas, and at least one hundred square feet of fenced outdoor play area per child, per Sec. 40-5-19(A) and (B); both apply on top of the five-child cap for home-based care.
Does the county handle day care licensing too?
No. Sec. 40-5-19(D) requires every nursery school or day care center to comply with the Illinois Child Care Act of 1969, 225 ILCS 10/11 et seq., which covers licensing, staff ratios, and background checks; the county's zoning rule only controls where the use can locate and how much space it needs.
What happens if a home day care exceeds the five-child limit?
It is no longer a permitted home use and becomes a Zoning Code violation under the general penalty, Sec. 40-11-10: a Class B misdemeanor fined $50 to $500 plus costs, with each day over the limit a separate offense.

Sources & Official References

Other rules in St. Clair County

All St. Clair County rules

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