West Allis, WI Home Business: Home Daycare (2026)
Key Facts
- Dwelling requirement
- 1-unit, or owner-occupied 2-unit
- Eligible districts
- RA-1-3, RB, RC, C-2-4
- Use classification
- Limited accessory use
- State reference
- Wis. Stat. § 66.1017(1)(a)
Summary
West Allis permits family child care homes as an accessory use in residential and select commercial districts, but only in a 1-unit dwelling or an owner-occupied 2-unit dwelling.
Family Child Care Home RA-1, RA-2-, RA-3, RB, RC, C-2, C-3, C-4 Permitted only if - A 1-unit dwelling, or
- A 2-unit dwelling and only 1 dwelling unit operates the family child care home and the operator resides in 1 of the dwelling units
Outdoor Dining All Permitted upon approval of site plan Outdoor Storage I-1, I-2
Permitted if stored materials are screened from the view of adjacent lots, located in a side or rear yard, and at least 5 feet from any lot line or setback specified by zoning district regulation, whichever is greater Wireless Support Structure RA-1, RA-2, RA-3, RB Permitted if no more than 6' above a principal building to which it is attached, 35' above the ground if on a freestanding pole, and 15' above the ground if the facility is a satellite dish
Conditional Uses. No conditional use permit may be issued unless the accessory use satisfies the criteria below.
Accessory Use District(s) Criteria Class 1 Collocation of Mobile Service Facility All See Wis. Stat. 66.0404(4) Mobile Service Support Structure All See Wis. Stat. 66.0404(4)
HISTORY Adopted by Ord. O-2022-0024 on 5/3/2022 Amended by Ord. O-2022-0142 on 10/18/2022 Amended by Ord. O-2023-0031- on 6/6/2023 Amended by Ord. O-2023-0052 on 10/3/2023
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).
Full Breakdown
West Allis Revised Municipal Code § 19.36 lists a family child care home as a limited accessory use in the RA-1, RA-2, RA-3, RB, RC, C-2, C-3 and C-4 districts. The use is permitted only if the property is a 1-unit dwelling, or a 2-unit dwelling where just one of the two units operates the family child care home and the operator resides in one of the dwelling units. The Zoning Code's definitions section, § 19.16, defines a family child care home by reference to Wis. Stat. § 66.1017(1)(a), the state's family child care licensing statute.
Violations & Fines
Operating a family child care home out of a 2-unit dwelling without the operator living on site, or running separate child care operations from both units of a duplex, falls outside the accessory-use criteria and is not permitted.
Frequently Asked Questions
Can I run a family child care home from a duplex in West Allis?
Which West Allis zoning districts allow family child care homes?
Sources & Official References
Other rules in West Allis
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