Green Bay, WI Home Business: Home Daycare (2026)
Key Facts
- Family daycare home size
- 8 or fewer children at one time
- Districts permitted by right
- R-1, R-2, R-3 and RR (Table 44-1)
- Approval needed
- Zoning certificate under § 44-552(b)
- Operator residency
- Operator must live in the dwelling unit
- Group center (9+ children)
- Permitted only in R-3 among residential districts
- Forfeiture range
- $1.00 to $500.00 per offense, each day separate
Summary
Green Bay permits a family daycare home caring for 8 or fewer children by right in all four residential districts (R-1, R-2, R-3 and RR), but the operator needs a zoning certificate before opening. The home must meet the state licensing manual and the operator must live in the dwelling unit. A group center for 9 or more children is permitted only in R-3.
Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or modify a permitted use, excluding single-family residential uses, shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. ... Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. ... Specific development standards. Permitted and conditional uses specified with an "x" under the Specific development standards column shall be subject to the standards identified in Article XVI of this chapter, Land Use Development Standards. ... Use District Dev. Stds. R-1 R-2 R-3 RR ... Family daycare home (8 or fewer children) P P P P x Group daycare center, preschool (9 or more children) — — P — x
Full Breakdown
Table 44-1 in Green Bay Municipal Code § 44-552 marks a family daycare home (8 or fewer children) with a "P" in R-1, R-2, R-3 and RR, so no conditional use permit or public hearing is required. Under § 44-552(b), anyone establishing or modifying a permitted use other than a single-family home must obtain a zoning certificate under Article II. The Zoning Administrator issues those certificates under § 44-110, and the fee comes from the City Fee Schedule under § 44-196.
The "x" in the Dev. Stds. column pulls in the Land Use Development Standards. Section 44-1582(d) sets two rules for an adult or family daycare home: any daycare center must meet the requirements in the Bureau of Regulation and Licensing Manual plus other applicable codes, and the operator must reside in the dwelling unit where the daycare home is located. Section 44-250 defines a family daycare home as a dwelling unit licensed as a daycare center by the Wisconsin Department of Health and Family Services, with care for up to eight children at one time. The broader daycare definition covers supervision of preschool age children on a regular basis for periods less than 12 hours per day.
An adult daycare home is also marked "P" in all four residential districts. The code defines it as a residential dwelling where adults who need help with daily living receive services for part of a day in a group setting, and it notes such facilities are not licensed by the State of Wisconsin but can be certified.
A group daycare center, preschool (9 or more children) is a different use. Table 44-1 shows dashes in R-1, R-2 and RR and a "P" only in R-3. Under § 44-1582(e), it must sit in a nonresidential structure that existed on the ordinance effective date or be integrated into a new residential development, not a new freestanding nonresidential building, and it needs a designated drop-off and pick-up area connected to the building by a sidewalk.
In the mixed-use districts, Table 44-5 in § 44-615 also marks adult and family daycare homes "P" in OR, NC and D. Under § 44-552(d), any use not listed as "P" or "C" in a district is prohibited there unless the Zoning Administrator finds it substantially similar to a listed use.
Violations & Fines
Section 44-197 makes it unlawful to use any structure or land in violation of Chapter 44, and a use carried on in violation is declared a nuisance per se. If the owner does not comply with a Zoning Administrator order or sign a written compliance agreement within 15 days after written notice is mailed, the Common Council, the Zoning Administrator or the City Attorney starts legal action. Under § 44-198 and § 1-6, the forfeiture is $1.00 to $500.00 per offense ($10.00 to $500.00 for a repeat), and each day counts as a separate violation. Appeals go to the Zoning Board of Appeals under § 44-140.
Frequently Asked Questions
Do I need a conditional use permit for a family daycare home in Green Bay?
Do I have to live in the house where the daycare operates?
Can I care for 9 or more children in my Green Bay home?
What happens if I open without a zoning certificate?
Is an adult daycare home treated differently from a child daycare home?
Sources & Official References
Other rules in Green Bay
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