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Ashwaubenon, WI Home Business: Home Daycare (2026)

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

Key Facts

Licensed daycare
Permitted home occupation, no floor-area cap
Non-licensed daycare
Requires conditional use permit (CUP)
CUP review
Annual, at December's last Village Board meeting
Neighbor notice
Owners within 200 feet notified of CUP hearing
Governing section
Ashwaubenon Municipal Code § 17-4-400(C)(1)(d),(h)(iv),(i)(vi)

Summary

Ashwaubenon treats home daycare two different ways. Licensed daycare and home-care operations are listed as an acceptable home occupation under § 17-4-400(C)(1)(h)(iv), exempt from the usual 25% floor-area cap. Non-licensed day care, home care, or child care instead requires a conditional use permit with annual Village Board review under § 17-4-400(C)(1)(i)(vi).

(d) Size/Area ... not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. Day care and home care are exempt from the twenty-five (25) percent gross floor area requirement. ... (h) Acceptable Home Occupations When within the above requirements, a home occupation includes the following: ... (iv) Daycare/home care operations ... (i) Conditional Use Required ... (vi) Non-licensed day care/home care/child care

Full Breakdown

The general home-occupation size rule at § 17-4-400(C)(1)(d) caps the space used for a home business at 25 percent of the dwelling's floor area, but day care and home care are expressly exempt from that gross floor-area requirement, letting a licensed home daycare use more of the house than most other home businesses. The 'Acceptable Home Occupations' list at (h) includes daycare/home care operations at item (iv), alongside a separate childcare operation entry, meaning a licensed provider needs only the standard building-inspector permit that every home occupation requires.

Unlicensed care is handled differently: the 'Conditional Use Required' list at (i) includes, at item (vi), non-licensed day care, home care, and child care. Those uses need annual inspections to evaluate health and safety, public welfare, and neighborhood impact, and the conditional use permit is brought to the Village Board each year at its last December meeting, with property owners within 200 feet notified of that meeting and an annual review fee set on file at the village clerk's office. Whether licensed or not, every home daycare still has to meet the underlying home-occupation conditions: no use of accessory buildings, no external evidence of the business beyond permitted signage, limited traffic and delivery activity, and no more than one home-occupation vehicle visible outside at a time.

Violations & Fines

Operating an unlicensed home daycare in Ashwaubenon without going through the conditional-use process required by § 17-4-400(C)(1)(i)(vi), or running any home daycare without the underlying building-inspector permit under (C)(1)(b), violates Chapter 17. Use-standard violations are enforced under § 17-9-200(B), which applies the Municipal Code's general penalty at § 1-1-13: forfeiture of $1 to $5,000 per offense plus costs, with continuing violations charged daily.

Frequently Asked Questions

Does a licensed home daycare need special zoning approval in Ashwaubenon?
No extra approval beyond the standard home-occupation permit. Section 17-4-400(C)(1)(h)(iv) lists daycare/home care operations as an acceptable home occupation, and (d) exempts day care and home care from the usual 25 percent floor-area cap that applies to other home businesses.
What if my home daycare isn't state-licensed?
Then it needs a conditional use permit under § 17-4-400(C)(1)(i)(vi). The Village requires annual inspections and brings the CUP to the Village Board at its last December meeting each year, notifying property owners within 200 feet, plus an annual review fee on file at the village clerk's office.
Can I use my whole house for a home daycare in Ashwaubenon?
There's no percentage cap for day care or home care specifically. Section 17-4-400(C)(1)(d) exempts those uses from the 25 percent floor-area limit that applies to other home occupations, though all other home-occupation conditions, like the ban on accessory-building use, still apply.

Sources & Official References

Other rules in Ashwaubenon

All Ashwaubenon rules

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