Burleson, TX Home Business: Home Daycare (2026)

The City of Burleson zoning ordinance, Appendix B of the Code of Ordinances, defines child care as a home occupation (in single family dwelling unit) in § 50 as the use of a single family home for the purpose of caring for more than three but not exceeding 12 children, other than the care givers own. The use is not on the permitted lists. Instead, the SFE (§ 54-110), SF16, SF10 and SF7 (§ 57-110) districts each place it under Specific use permit, with one printed condition: completion of all requirements indicated on the City of Burleson request for a specific use permit single-family residence for child care purposes form.

A specific use permit is an ordinance amendment. Under the district text, a site plan meeting § 131 is required unless otherwise stated, and a public hearing is held before the planning and zoning commission makes a recommendation and the city council acts. Under § 130-105, the application is filed on the city's forms with the established fee. The council can impose conditions it deems necessary to protect public health, safety or general welfare, and those conditions must be met before the building official issues a certificate of occupancy. In deciding, the council weighs the factors in § 130-110, including safety of the motoring public and pedestrians around the site, safety from fire hazard, noise producing elements, and adequacy of parking.

Three limits follow the permit. If the premises is voluntarily vacated for six months or more, the property reverts to the original zoning district unless a new permit is granted. A building permit, if required, must be secured within one year of the grant or the permit is void. And under § 130-105(i) the board of adjustment has no jurisdiction over decisions on a specific use permit.

The home occupation definition tops out at 12 children, and the ordinance defines CHILD CARE CENTER as a separate use: an establishment where more than three children are housed for care or training during the day under State of Texas licensing provisions.