Madison County, IL Home Business: Home Daycare (2026)
Key Facts
- Zoning status
- Special use, § 93.025(G)(3), R-1 through R-4
- Indoor space
- 50 sq ft per child, § 93.088(A)
- Outdoor play area
- 100 sq ft fenced, per child, § 93.088(B)
- Approval
- Zoning Board of Appeals hearing + County Board vote
- Penalty
- $10-$500 per day, § 93.999
Summary
In unincorporated Madison County's R-1 through R-4 districts, 'day care or nursery schools' are a special use under § 93.025(G)(3), not a by-right home business, and must meet the space standards in § 93.088: 50 square feet of indoor floor space and 100 square feet of outdoor play area per child.
(G) Special uses. (See §§ 93.162 and 93.178 ). ... (3) Day care or nursery schools. ... In any district where nursery schools are permitted, the following requirements shall be met: (A) For each child at east 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes. (B) For each child at least 100 square feet of outdoor, enclosed (fenced) play area shall be provided.
Full Breakdown
Madison County doesn't treat a home day care as an ordinary home occupation. 178, the same route required for cemeteries, hospitals and mobile homes in those districts. ' Those two numbers set the practical capacity of any home-based operation: a small in-home program has to have both the indoor square footage per child and a fenced outdoor play area sized to match its enrollment. The special-use route also means neighbors get notice and a public hearing before a home day care opens, and the County Board can deny the application or, if owners of 20% of the adjoining frontage file a written protest, require a three-fourths vote to approve it.
The rule covers unincorporated county land only; a home day care inside Edwardsville, Alton, Collinsville, Granite City or another municipality is governed by that city's own zoning code instead.
Violations & Fines
Running a day care or nursery school in an R-1 through R-4 district without the required special use permit, or without meeting the 50-square-foot indoor and 100-square-foot fenced outdoor play area standards of § 93.088, violates the zoning code and is punishable under § 93.999 by a $10 to $500 fine per day of continued violation, plus possible Circuit Court enforcement.
Frequently Asked Questions
Can I run a home day care in unincorporated Madison County?
How much space does the code require per child?
What if I just want to babysit a couple of neighborhood kids?
Sources & Official References
Other rules in Madison County
Compare Madison County to another location·View the Illinois home business overview
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