Burlington, WI Home Business: Home Daycare (2026)
Key Facts
- Zoning status
- Permitted use, not conditional
- Child capacity
- Not more than 8 children
- State license required
- Wis. Stats. § 48.65
- Districts allowed
- Rs-1, Rs-2, Rs-3, TN-R
- Definition section
- City Code § 315-140
Summary
Burlington lists a family day-care home as a permitted use, not a conditional use, in its Rs-1, Rs-2, Rs-3 and TN-R single-family residential districts. City Code § 315-140 defines the use by the state's own cap: a dwelling licensed by Wisconsin under § 48.65, Wis. Stats., caring for not more than eight children.
Family day-care home in a single-family dwelling. ... FAMILY DAY-CARE HOME A dwelling licensed as a day-care center by the State of Wisconsin pursuant to § 48.65, Wis. Stats., where care is provided for not more than eight children.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).
Full Breakdown
Burlington's zoning code treats a family day-care home as ordinary residential activity rather than a business needing a conditional use permit or separate zoning approval. A(3), added by Ordinance No. A(3). B(3), permitting a 'Family day-care home in a single-family dwelling' outright alongside single-family detached dwellings, foster homes, and community living arrangements for eight or fewer people. Because the use sits in the permitted-use column rather than the conditional-use column in every one of these districts, an operator does not need Plan Commission review, a public hearing, or a separate zoning permit beyond what any single-family home occupant would already have.
65, Wis. , where care is provided for not more than eight children. That means Burlington's zoning code does not set its own separate capacity number; it simply defers to whatever license the state issues, and a home operating within that state license and the eight-child cap is a zoning-compliant permitted use. A larger capacity facility is classified instead as a child day-care center, a conditional use in the B-1 Neighborhood Business District with its own site and fencing standards.
Violations & Fines
Operating a day-care home without the required Wisconsin § 48.65 license, or exceeding the eight-child capacity the license and § 315-140's definition allow, takes the use outside the 'family day-care home' permitted-use category in §§ 315-16, 315-17, 315-18 and 315-19, exposing the operator to zoning enforcement as an unpermitted use.
Frequently Asked Questions
Do I need a special permit to run a home daycare in Burlington?
How many children can a home daycare in Burlington care for?
Can I run a family day-care home in any residential district?
Sources & Official References
Other rules in Burlington
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