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Burlington, WI Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No separate zoning permit is required. Section 315-16.A(3) and the matching provisions in the Rs-2, Rs-3, and TN-R districts list 'family day-care home' as a permitted use, provided the home holds the required Wisconsin day-care license under § 48.65, Wis. Stats.
How many children can a home daycare in Burlington care for?
Up to eight. Section 315-140 defines a 'family day-care home' as a dwelling licensed by the State of Wisconsin under § 48.65, Wis. Stats., where care is provided for not more than eight children; that state-set number is what Burlington's zoning code relies on.
Can I run a family day-care home in any residential district?
It's listed as a permitted use in the Rs-1, Rs-2, Rs-3, and TN-R single-family districts under §§ 315-16 through 315-19, but the code doesn't name it as a permitted or conditional use in the two-family or multifamily residence districts.

Sources & Official References

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