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De Pere, WI Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Size cap
8 or fewer children under age 7
Home occupation status
Exempt, not a home occupation
Permit review
No conditional-use review required
Licensing
Must hold a state day care license
District rule
Governed by the Table 7-1 use table

Summary

De Pere's zoning ordinance defines a family day care home as a licensed use for 8 or fewer children under age 7 operating from a residence. Under Section 14-78(8)(c)2, family day care homes are exempt from the home occupation rules entirely and skip the conditional-use review a Type B home occupation requires, but the use must still be one Table 7-1 permits in that zoning district.

Day Care Uses licensed by the state and providing care and supervision for children or adults away from their primary residence for more than 4 hours and less than 24 hours per day. ... (b) Day Care Home, Family A day care use for 8 or fewer individuals under 7 years of age. ... 2. Family Day Care Homes Family day care homes are not regulated as home occupations and are not subject to the home occupation regulations of this section. Family day care homes are allowed only as indicated in Table 7-1.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

The zoning ordinance's Day Care use category, defined in Section 14-73(5), covers any care use licensed by the state for people away from their primary residence for more than four hours and less than 24 hours a day. Within that category, a Family Day Care Home is capped at 8 or fewer individuals under age 7 (Section 14-73(5)(b)). Once a home cares for 9 or more children under 7, the ordinance reclassifies the operation entirely as a Day Care Center, Group under Section 14-73(5)(c), a separate use category with its own district and review requirements.

Section 14-78(8)(c)2 pulls family day care homes out of the home occupation article altogether: they are not regulated as home occupations and are not subject to that section's Type A/Type B classification, size caps or conditional-use process. Instead, a family day care home is allowed only in the zoning districts where Table 7-1 permits the Day Care use category, and the operator must still hold the required state child care license. That combination lets a small in-home provider skip the Plan Commission review a Type B home business needs, while a larger group day care faces the fuller Day Care Center review path. The development services director interprets and enforces this classification citywide under Section 14-150.

Violations & Fines

Operating a family day care home in a district where Table 7-1 does not list the Day Care use, or without the required state license, is an unlawful land use under Section 14-151(1)(a) and (c). The development services director enforces the classification under Section 14-150, may withhold or revoke a related authorization under Section 14-152(2), and the city may issue a municipal citation under Section 1-11 of the municipal code per Section 14-152(3). Each day a violation remains uncorrected after notice is a separate offense under Section 14-151(2).

Frequently Asked Questions

Does a family day care home in De Pere need a home occupation permit?
No. Section 14-78(8)(c)2 of the zoning ordinance exempts family day care homes from the home occupation regulations entirely, so operators skip the Type B home occupation's conditional-use review before the Plan Commission. The home is instead classified under the Day Care use category and must simply sit in a zoning district where Table 7-1 allows that use.
How many children can a family day care home in De Pere serve?
Up to 8 individuals under age 7, per Section 14-73(5)(b). Once a provider cares for 9 or more children under 7 in the same home, the ordinance reclassifies the operation as a Day Care Center, Group under Section 14-73(5)(c), a different use category subject to its own district placement and review.
Does the city still require licensing for a family day care home?
Yes. Section 14-73(5) defines the whole Day Care use category, including family day care homes, as licensed by the state, so operators must hold their state child care license in addition to complying with the city's zoning classification and the Table 7-1 district placement.

Sources & Official References

Other rules in De Pere

All De Pere rules

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Home Daycare in Nearby Cities

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