St. Clair County, IL Home Business: Home Daycare (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.
(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?
How much space does a home day care need?
Does the county handle day care licensing too?
What happens if a home day care exceeds the five-child limit?
Sources & Official References
Other rules in St. Clair County
Compare St. Clair County to another location·View the Illinois home business overview
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