De Pere, WI Home Business: Home Daycare (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.
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?
How many children can a family day care home in De Pere serve?
Does the city still require licensing for a family day care home?
Sources & Official References
Other rules in De Pere
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Home Daycare in Nearby Cities
How other cities in Brown County handle home daycare.