Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Wauwatosa

Wauwatosa, WI Home Business: Home Daycare (2026)

Some Restrictions

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

Key Facts

Governing sections: Sec. 24.08.030 definition, Sec. 24.07.030 use table
Up to 8 people: Permitted by right in all residential districts
Over 8 people: Conditional use permit required, Sec. 24.16.040
Home occupation rules: Do not apply, exempted under Sec. 24.10.020
Last amended: Ord. O-25-25, effective 11/18/2025

Summary

Wauwatosa allows a home-based day care serving up to 8 children or adults as a permitted, by-right accessory use in every residential zoning district, no conditional use permit needed. Care for more than 8 requires conditional use approval under Section 24.16.040, and the use is exempt from the city's separate home occupation rules.

Day Care. Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. Home based day cares are operated as an accessory use in the caregiver's residence.

View official code

Full Breakdown

030 turns that definition into a hard numeric line: a home-based day care serving up to 8 children or adults is a permitted, by-right use in all six residential zoning districts, GR, SR, NR, MR, LDM and MDM, as well as the CO, C1 and C2 commercial districts, meaning an operator does not need a conditional use permit or public hearing to open. 040, with the common council setting conditions case by case. 020 excuses them from the separate home occupation standards that otherwise cap most in-home businesses at three people on site and require fully enclosed operation.

Operators must still hold whatever state day care license or certification Wisconsin law requires; the zoning code only controls where the use may locate and at what scale.

Violations & Fines

Operating a home-based day care for more than 8 children or adults without first obtaining a conditional use permit under Section 24.16.040 puts the operator out of compliance with the district's use table; the Zoning Administrator can require the operator to seek approval or cease operating the oversized use. A zoning violation is separate from, and does not excuse noncompliance with, the state day care licensing requirements Wisconsin administers outside the city code.

Frequently Asked Questions

Can I run a home day care in Wauwatosa without a permit?

Yes, if you care for 8 or fewer children or adults. Wauwatosa Municipal Code Section 24.07.030 lists home-based day care as a permitted, by-right use in every residential zoning district, GR, SR, NR, MR, LDM and MDM, so no conditional use permit is required at that scale.

What happens if I want to care for more than 8 children?

You need a conditional use permit. Once a home-based day care exceeds 8 children or adults, the use table switches from a permitted to a conditional designation, meaning the plan commission and common council must approve it under Section 24.16.040 before you can operate at that size.

Does the city's home occupation ordinance also apply to my day care?

No. Section 24.10.020 specifically exempts uses already listed in the Section 24.07.030 use table, including home-based day cares, from the home occupation rules that otherwise cap in-home businesses at three people on site.

Is a home day care considered part of my house or a separate business?

The code treats it as an accessory use operated inside the caregiver's residence under Section 24.08.030, not a separate commercial building, so it must remain secondary to the home's residential character even while zoned as a distinct listed use.

Sources & Official References

[1]Wauwatosa Municipal Code

Other rules in Wauwatosa

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All Wauwatosa rules

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