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West Allis City Zoning Code

Subchapter III

Uses

19.31 Zoning Use Determination

  1. Determination of Substantially Similar Uses: When a use cannot be reasonably classified or appears to fit into multiple use categories, subcategories, or specific use types, in accordance with Wis. Stat. 62.23(7)(am), the Planning and Zoning Manager is authorized to determine the most similar and thus most appropriate use category, subcategory, or specific use.
    1. This determination should be made based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory, and specific use type descriptions provided in this chapter.
    2. To make use determinations, the Planning and Zoning Manager should consider:
      1. The types of activities that will occur in conjunction with the use.
      2. The types of equipment and processes to be used.
      3. The existence, number and frequency of residents, customers, or employees.
      4. Parking and loading and site improvement demands associated with the use.
      5. Other factors deemed relevant to a use determination.
  2. Square Footage Distinctions. Whenever a use is identified with a square footage range, the gross floor area shall be used to determine whether a use is permitted, limited, conditional, or not permitted.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022

19.32 Principal Uses

The following table identifies the principal uses allowed in each zoning district. Each use is given one of the following designations: P (Permitted Use), L (Limited Use), or C (Conditional Use). Uses without a designation are not permitted.

Light Motor Vehicle Sales

Residential & Lodging
RA-1
RA-2
RA-3
RB
RC
C-1
C-2
C-3
C-4
I-1
I-2
P
SF
1-Unit Dwelling
P
P
P
P
P
L
L
L
L
    
2-Unit Dwelling
LLPPPLLLL    
3- to 4-Unit Dwelling



PPPPPP    
Dwelling with 5+ Units



CPCCCC    
Bed and Breakfast
CCCCC



    
Community Living Arrangement (8 or fewer persons)
PPPPP
PPP    
Community Living Arrangement (9 or more persons)



CC
CCC    
Hotel





CCCCCC  
Lodging House    C        
Recovery Residence




C

C
C
C




Residential Care Service
CCCCC CCCCC  
Short-Term Rental
PPPLLLLLLL   

Retail
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Alcohol Beverage Sales
     
PPPPP  
Animal Sales













General Retail
       PPPP  
Large Retail Development
     

CCCC  
Nicotine Sales
         
Neighborhood Retail
     PPPPPP  
Nominal Price Retail
        L    
Pawnbroker Sales
        C    
Secondhand Jewelry Sales
        C    
Thrift Retail
        C    
 
Service
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Animal Boarding
       LLLP  
Animal Breeding













Animal Shelter









C
C


Animal Training





L
L
L
L
L
P


Dry Cleaning
       CCCC  
Employment Agency
     LLLLPP  
Food Production (limited)





L
L
L
L
L
L


Food Production
     CCCCPP  
General Service
       PPPP  
Laundry (self-service)
     CPPPPP  
Massage Therapy
     CCCCCC  
Neighborhood Service
     PPPPPP  
Payday Lender
        CCC  
Restaurant
     CCCCCC  
Restaurant (limited)
     LLLLLL  
Tavern
     PPPPPP  
 
Civic & Institutional
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Adult Day Care CenterCCCCC
PPPPPC
Child Care Center (8 or fewer children)
CCCCC PPPPPP 
Civic Institution
    CCCCCCC  
Event Space or Theater (less than 5,000 sq. ft.)
    CPPPPPP  
Event Space or Theater (5,000 or more sq. ft.)
     CCCCPP  
Funeral Establishment
      CCCCC  
Group Child Care Center
C
C
C
C
C

C
C
C
C
C
C

Religious Institution
CCCCC CCCPPC 
School
CCCCC CCCCCC 
 
Parks & Recreation
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Instruction/Training (30 or fewer persons at one time)
     PPPPPP  
Instruction/Training (31 or more persons at one time)
     CCCCCC  
Public Park
CCCCCCCCCCCP 
Recreation (indoor)
     CCCCPPP 
Recreation
         CPP 
Sport Shooting Range
        PPP  
 
Industrial
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Advanced Manufacturing






CCPP

Commercial Light Industrial Flex
       CCCP  
Light Industrial
         LL  
Heavy Industrial
          C  
Restricted Manufacturing
       CCCC  
 
Medical
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Ambulance Services
         CP  
Hospital
    C  CCCC  
Medical Clinic
     PPPPPP  
Medical Service      PPPPP  
Narcotic Treatment Service
        LLL  
Veterinary Services     CCCCPP  
 
Automotive
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Automobile Parts Sales
       PPPP  
Car Wash Service       CCL  
Fuel Sales      CCCCC  
Heavy Motor Vehicle Sales         CP  
Heavy Motor Vehicle Service          C  
Light Motor Vehicle Sales (indoor)       CCCP  
Light Motor Vehicle Sales        CCP  
Light Motor Vehicle Service      CCCCC  
Light Motor Vehicle Service (limited)






L
L
L
L
L


 
Infrastructure
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Class 1 Collocation of Mobile Service Facility
CCCCCCCCCCCCC
Class 2 Collocation of Mobile Service Facility
PPPPPPPPPPPPP
Mobile Service Support Structure
CCCCCCCCCCCCC
Parking Lot
         LL  
Parking Structure

        LL  
Public Utility Service Structure
(at least 25 sq. ft. or at least 6 feet above grade)
(less than 25 sq. ft. and less than 6 feet above grade)
PPPPPPPPPPPC 
Public Utility Service StructureCCCCCCCCCCCC 
Substation
         CPC 
Utility Pole
         CC  
 
Other
RA-1RA-2RA-3RBRCC-1C-2C-3C-4I-1I-2PSF
Adult-Oriented Entertainment
       CCCC  
Donation Center
       CCCC  
Research Laboratory
       CCCP  
State Fair Use
            P

 


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
Amended by Ord. O-2023-0088 on 2/6/2024
Amended by Ord. O-2024-0012 on 5/7/2024
Amended by Ord. O-2025-0033 on 5/20/2025
Amended by Ord. O-2025-0394 on 10/21/2025

19.33 Limited Use Criteria

The following limited uses shall be permitted as principal uses upon satisfying the criteria below.

  1. Residential & Lodging

    Principal Use
    District(s)
    Criteria
    1-Unit Dwelling
    C-1
    Permitted if located above the grade-level floor
    1-Unit Dwelling
    C-2, C-3, C-4
    Permitted if located on a lot platted or recorded prior to the adoption of this ordinance which meets the building size and location requirements of the RB district under WAMC 19.41
    1-Unit Dwelling
    C-2, C-3, C-4
    Permitted if located on a lot that has another principal use
    2-Unit Dwelling
    RA-1, RA-2Permitted on lots with a side or rear lot line adjacent to or separated by an alley from a lot in a commercial or industrial district. Common Council may grant exceptions for lots that share a side lot line with a lot adjacent to a commercial or industrial district
    2-Unit Dwelling
    C-1
    Permitted if located above the grade-level floor
    2-Unit Dwelling
    C-2, C-3, C-4
    Permitted if located on a lot platted or recorded prior to the adoption of this ordinance which meets the building size and location requirements of the RB district under WAMC 19.41
    2-Unit Dwelling
    C-2, C-3, C-4
    Permitted if located on a lot that has another principal use
    Short-Term Rental
    RB, RC, C-1, C-2, C-3, C-4
    Permitted if structure is a 1-Unit, 2-Unit, or 3-4 Unit Dwelling

  2. Retail 
    Principal Use
    District(s)
    Criteria
    Nominal Price Retail
    C-4
    Permitted if the lot is located more than 1,000 feet from any lot where another Nominal Price Retail use is located
  3. Service
    Principal Use
    District(s)
    Criteria
    Animal Boarding
    C-3, C-4
    Permitted if all activity takes place indoors and no noise from the activity is audible from a lot used for residential purposes
    Animal Boarding
    I-1
    Permitted if no noise from the activity is audible from a lot used for residential purposes
    Animal Training
    C-3, C-4
    Permitted if all activity takes place indoors and no noise from the activity is audible from a lot used for residential purposes
    Animal Training
    I-1
    Permitted if no noise from the activity is audible from a lot used for residential purposes
    Employment Agency
    C-1, C-2, C-3, C-4
    Permitted if not providing transportation for temporary employees to work sites
    Food Production
    (limited)
    C-1, C-2, C-3, C-4, I-1, I-2
    Permitted if: - gross floor area is less than 2,000 square feet, - premises are closed between 12 a.m. and 6 a.m. at all times, and - premises are closed after 10 p.m. Sunday through Thursday
    Restaurant (limited)
    C-1, C-2, C-3, C-4, I-1, I-2
    Permitted if:
    - gross floor area is less than 2,000 square feet,
    - premises are closed between 12 a.m. and 6 a.m. at all times, and
    - premises are closed after 10 p.m. Sunday through Thursday
  4. Civic & Institutional
    Principal Use
    District(s)
    Criteria



  5. Parks & Recreation
    Principal Use
    District(s)
    Criteria



  6. Industrial
    Principal Use
    District(s)
    Criteria
    Light Industrial
    I-1, I-2
    Self-storage is permitted only if lot is at least 2 acres and at least 20% of the lot is landscaped
    Light Industrial
    I-1, I-2
    Public warehousing is permitted only if at least 20% of the lot is landscaped
    Light Industrial
    I-1, I-2
    Private warehousing is permitted only if at least 20% of the lot is landscaped
  7. Medical
    Principal Use
    District(s)
    Criteria
    Narcotic Treatment Service
    C-4, I-1, I-2
    Permitted if the lot is located at least 1,000 feet from any lot where the following are located: lots in a Residential District or developed for residential use, lots zoned P, Schools, or another Narcotic Treatment Service use
  8. Automotive
    Principal Use
    District(s)
    Criteria
    Car Wash Service
    I-2
    Permitted if not located on a lot which shares a lot line with a lot zoned residential
    Light Motor Vehicle Service (limited)
    C-2, C-3, C-4, I-1, I-2
    Permitted when on-site services are performed indoors.
  9. Infrastructure
    Principal Use
    District(s)
    Criteria
    Parking Lot
    I-1, I-2
    Permitted only if at least 20% of the lot is landscaped (See Subch. IV)
    Parking Structure
    I-1, I-2
    Permitted only if at least 20% of the lot is landscaped (See Subch. IV)
  10. Other
    Principal Use
    District(s)
    Criteria








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
Amended by Ord. O-2023-0088 on 2/6/2024
Amended by Ord. O-2025-0033 on 5/20/2025

19.34 Conditional Use Criteria

No conditional use permit may be issued unless the principal use satisfies the criteria below.

  1. Residential & Lodging

    Principal Use
    District(s)
    Criteria




  2. Retail 
    Principal Use
    District(s)
    Criteria
    Pawnbroker Sales
    C-4
    No conditional use permit may be issued if the lot is located within 3,500 feet from any other lot used for pawnbroker sales or secondhand jewelry sales
    Secondhand Jewelry Sales
    C-4
    No conditional use permit may be issued if the lot is located within 3,500 feet from any other lot used for pawnbroker sales or secondhand
  3. Service
    Principal Use
    District(s)
    Criteria
    Animal Shelter
    I-1, I-2

    Payday Lender
    C-4, I-1, I-2
    No conditional use permit may be issued unless a condition of the permit is that noise from the activity may not be audible from a lot used for residential purposesNo conditional use permit may be issued if the lot is located within 3,500 feet from any other lot used for payday lender
  4. Civic & Institutional
    Principal Use
    District(s)
    Criteria



  5. Parks & Recreation
    Principal Use
    District(s)
    Criteria



  6. Industrial
    Principal Use
    District(s)
    Criteria
    Advanced Manufacturing
    C-3
    No conditional use permit may be issued to allow outdoor storage of materials
    Commercial Light Industrial Flex
    C-3
    No conditional use permit may be issued unless at least 30% of the gross floor area is accessible to the public
    Commercial Light Industrial Flex
    C-4
    No conditional use permit may be issued unless at least 20% of the gross floor area is accessible to the public
    Heavy Industrial
    I-2
    No conditional use permit may be issued for asphalt, cement, or stone processing, mixing, or crushing unless at least 20% of the lot is landscaped and no lot used for nonindustrial purposes is located within 500 feet of the lot
    Heavy Industrial
    I-2
    No conditional use permit may be issued for waster services unless at least 20% of the lot is landscaped and no lot used or zoned for residential purposes is located within 500 feet of the lot
  7. Medical
    Principal Use
    District(s)
    Criteria



  8. Automotive
    Principal Use
    District(s)
    Criteria
    Car Wash Service
    C-4, I-1
    No conditional use permit may be issued when adjacent to a lot zoned residential or used as residential
    Fuel Sales
    C-2, C-3, C-4, I-1, I-2
    No conditional use permit may be issued when adjacent to a lot zoned residential or used as residential
    Heavy Motor Vehicle SalesI-1No conditional use permit may be issued unless at least 20% of the lot is landscaped and the lot is at least 1 acre
    Heavy Motor Vehicle Service
    I-2
    No conditional use permit may be issued when adjacent to a lot zoned residential or used as residential
    Light Motor Vehicle SalesC-4, I-1No conditional use permit may be issued unless at least 20% of the lot is landscaped and the lot is at least 1 acre
    Light Motor Vehicle ServiceC-2, C-3, C-4, I-1, I-2No conditional use permit may be issued when adjacent to a lot zoned residential or used as residential
  9. Infrastructure
    Principal Use
    District(s)
    Criteria
    Class 1 Collocation of Mobile Service FacilityAll
    See Wis. Stat. 66.0404(4)
    Mobile Service Support Structure
    All
    See Wis. Stat. 66.0404(4)
    Public Utility Service Structure
    All
    No conditional use permit may be issued if the structure is located within a front yard of any lot or a side yard of a corner lot
  10. Other
    Principal Use
    District(s)
    Criteria












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-2023-0088 on 2/6/2024
Amended by Ord. O-2024-0042 on 11/12/2024

19.35 Accessory Uses

The following table identifies the accessory uses allowed in each zoning district. Each use is given one of the following designations: P (Permitted Use), L (Limited Use), or C (Conditional Use). Uses without a designation are not permitted.

Accessory Use
RA-1
RA-2
RA-3
RB
RC
C-1
C-2
C-3
C-4
I-1
I-2
P
SF
Accessory Dwelling UnitL
L
L
L
L
 L
L
L
    
Animal Boarding

    C
C
L
L
L
L
  
Class 1 Collocation of Mobile Service FacilityC
C
C
C
C
C
C
C
C
C
C
C
C
Class 2 Collocation of Mobile Service Facility
P
P
P
P
P
P
P
P
P
P
P
P
P
Drive-Through Service     C
C
C
C
C
C
  
Electric Vehicle Charging
L
L
L
L
L
L
L
L
L
L
L
L
L
Family Child Care Home
L
L
L
L
L

L
L
L




Home-Based BusinessL
L
L
L
L
L
L
L
L
L
   
Home OfficeP
P
P
P
P
P
P
P
P
P
   
Instruction/Training (15 or fewer persons at one time)     P
P
P
P
P
P
  
Instruction/Training (16 or more persons at one time)     C
C
C
C
C
C
  
Outdoor Dining     L
L
L
L
L
L
  
Outdoor Sales/Displays     C
C
C
C
C
C
  
Outdoor Storage (including vehicles)       C
C
L
L
  
Mobile Service Support Structure
C
C
C
C
C
C
C
C
C
C
C
C
C
Parking Lot/Structure    P
P
P
P
P
P
P
P
P
Production/Repair (less than 5,000 sq. ft.)     P
P
P
P
P
P
  
Rummage Sales
P
P
P
P
P
P
P
P
P
P
P


Solar Energy SystemP
P
P
P
P
P
P
P
P
P
P
P
P
Wind Energy SystemC
C
C
C
C
C
C
C
C
C
C
C
C
Wireless Support StructureL
L
L
L
C
C
C
C
P
P
P
C
P
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
Amended by Ord. O-2023-0088 on 2/6/2024

19.36 Accessory Use Criteria

  1. Limited Uses. The following limited uses shall be permitted as accessory uses upon satisfying the criteria below.

    Accessory Use
    District(s)
    Criteria
    Accessory Dwelling Unit
    AllPermitted up to 1 accessory dwelling unit per lot
    Animal Boarding
    C-3, C-4, I-1, I-2
    Permitted if accessory to principal use of veterinary services
    Electric Vehicle Charging
    RA-1, RA-2, RA-3, RB, RC
    Permitted only if: - Vehicles served are owned or operated by occupants of that lot or their guests, and - No consideration is paid for the service
    Electric Vehicle Charging
    C-1, C-2, C-3, C-4, I-1, I-2, P, SF
    Permitted only if designed in compliance with accessible guidelines per ICC A117.1-2009
    Home-Based Business
    RA-1, RA-2, RA-3, RB, RC
    Permitted only in a 1- or 2-unit dwelling in compliance with WAMC 19.37(2)
    Home-Based Business
    C-1, C-2, C-3, C-4, I-1
    Permitted only in a 1- or 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

  2. 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 FacilityAll
    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

19.37 Other Use Regulations

  1. Residential Parking. Any person allowing parking of vehicles outside of a building on a lot that contains a 1- or 2-unit dwelling shall comply with all the following:
    1. Motor vehicles shall be parked on a paved surface, except on the dates on which the Wisconsin State Fair is taking place.
    2. No motor vehicle may have more than 2 axles.
    3. No motor vehicle may have more than 4 wheels.
    4. No trailer may exceed 12 feet in length.
  2. Home-Based Business Regulations. Any person operating a home-based business in a residential district shall comply with all the following:
    1. The operator shall obtain a home-based business permit.
    2. Services or sales on premises shall be conducted by appointment only.
    3. No more than 1 client may be on the premises at any time and no more than 4 clients may enter the premises per day.
    4. No appointments shall occur between 8 pm and 8 am.
    5. The business shall be conducted solely within either the principal building or an accessory building.
    6. The business may not utilize a shipping service from the dwelling unit.
    7. The business may not employ any person who does not reside on the premises.
    8. The home-based business may not be any activity licensed by the State of Wisconsin under Wis. Stat. Chs. 441-480.
    9. No vehicle shall be used in connection with the business unless owned by the permittee and legally parked on the premises.
  3. C-1 and C-2 Warehousing. For any building located in a C-1 or C-2 district and used for the storage of goods intended for retail sale, the maximum interior area of the building used for the storage of goods intended for retail sale shall not exceed 25% of the gross floor area.
  4. C-1 and C-2 Public Floor Area. For any building located in a C-1 or C-2 district and used for commercial purposes, other than a home office or home-based business, the minimum interior area of the building that must be accessible to the public shall be at least 10% of the gross floor area.
  5. Mobile Tower Siting
    1. Application Process.  
      1. Any person seeking to site and construct a new mobile service support structure or engage in the substantial modification of an existing support structure or mobile service facility shall submit an application to the planning and zoning manager that conforms to Wis. Stat. 66.0404(2)(b) and pay a fee listed in the Fee Schedule. Any person seeking to engage in a class 2 collocation shall submit an application to the planning and zoning manager that conforms to Wis. Stat. 66.0404(3)(b).
      2. The planning and zoning manager shall notify the applicant in writing if the application is not complete and specify in detail the required information that was incomplete within:
        1. 10 days of receiving an application under Wis. Stat. 66.0404(2)
        2. 5 days of receiving an application under Wis. Stat. 66.0404(3)
      3. The City shall complete the actions required by Wis. Stat. 66.0404(2)(d) and Wis. Stat. 66.0404(3)(c) within the time limit imposed by those paragraphs.
    2. Regulations
      1. Setback. No mobile service support structure may be constructed or undergo substantial modification of facilities and support structures within a distance equal to the height of the proposed mobile service support structure away from a lot line if that structure is located on or adjacent to a parcel of land that is zoned to permit single-family residential use. This provision does not apply if the City receives an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area and there is not substantial evidence that the engineering certification is flawed.
      2. Height. No mobile service support structure may exceed 200 feet in height.



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-2024-0037 on 9/17/2024

O-2022-0024

O-2022-0142

O-2023-0031-

O-2023-0052

O-2023-0088

O-2024-0012

O-2025-0033

O-2025-0394

O-2024-0042

O-2024-0037