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Racine County, WI Home Business: Home Daycare (2026)

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

Key Facts

Zoning status
Permitted use, by right
Permit needed
None beyond state license
Governing state law
Wis. Stat. § 48.65
Applies in
Unincorporated towns under county zoning

Summary

Licensed family day care homes are a permitted use in unincorporated Racine County wherever single-family or two-family homes are allowed: no conditional use permit needed, just state licensing.

City-specific rules exist: Burlington has its own home daycare rules that differ from Racine County's county-level regulations. If you live in Burlington, check the city-specific page instead.

In any district which allows single-family or two-family residences as a principal use, the following are permitted uses:

(1) Licensed community living arrangements which have a capacity for eight (8) or fewer persons, subject to the limitations set forth in W.S.A., § 59.97(15).

(2) Licensed family foster homes subject to the regulations set forth in W.S.A., § 48.62.

(3) Licensed family day care homes subject to the regulations set forth in W.S.A., § 48.65 and must meet W.S.A., § 91.01(1)(d). (Ord. No. 93-183, 1-11-94; Ord. No. 2015-90, 12-15-15)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33).

Full Breakdown

Section 20-1019 lists licensed family day care homes among the permitted uses in any zoning district that allows single-family or two-family residences as a principal use, alongside licensed community living arrangements for eight or fewer people and licensed family foster homes. The county doesn't layer on its own capacity or spacing rules: the section ties the use directly to state licensing under Wis. Stat. § 48.65 and requires it to meet Wis. Stat. § 91.01(1)(d). This applies in unincorporated towns operating under the county zoning ordinance.

Violations & Fines

Running an unlicensed day care, or one that doesn't meet the state standards this section cross-references, isn't a permitted use and can draw zoning enforcement in addition to any state licensing action.

Frequently Asked Questions

Do I need a conditional use permit to run a home day care in unincorporated Racine County?
No. Section 20-1019 makes licensed family day care homes a permitted use in any district allowing single- or two-family homes: you need the state license, not a zoning permit.
Does the county set its own day care capacity limits?
No: the section defers to state law, Wis. Stat. § 48.65 and § 91.01(1)(d), rather than adding a separate county capacity or spacing standard.

Sources & Official References

Other rules in Racine County

All Racine County rules

Compare Racine County to another location·View the Wisconsin home business overview

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