Council hears proposal to add recovery residences as conditional use in select West Allis districts
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Summary
Staff proposed adding ‘recovery residences’ to the city zoning code as a conditional use in the RC multifamily district and commercial districts C2, C3 and C4; staff cited Wisconsin Statutes Section 46, said the city cannot license such homes but may require property-owner registration and the Planning Commission recommended approval.
The West Allis Common Council held a public hearing on adding “recovery residences” to the zoning ordinance as a conditional use in certain districts.
Steve Scherer, director of city planning and zoning, told the council the zoning code is currently silent on recovery residences and that the term is governed by Section 46 of the Wisconsin State Statutes. He described recovery residences as “a home-like residential environment that promotes healthy recovery from a substance abuse disorder and supports residents through peer recovery support,” not as licensed treatment facilities. Scherer said registration with the Wisconsin Department of Health Services is possible but not mandatory.
Scherer said the Planning Commission recommended the city require recovery residences to be treated as conditional uses in the RC (multifamily) district and in C2, C3 and C4 commercial districts; other residential districts such as RA and RB would not allow them. He said there were seven calls for service related to such uses in the past year and a half, and one of those calls resulted in an arrest.
Council members pressed staff on implications. Alderman Grisham asked how recovery residences differ from group homes; Scherer said statutes call out recovery residences separately and that they differ from community living arrangements that typically involve staffing and licensed services. Alderman Weigel and others asked how the city would treat existing, unregistered residences; Scherer said legal nonconforming uses would be difficult to retroactively require to close and that registration would apply to new operations.
City attorney Decker addressed the council and said that if council adopts recovery residences as a conditional use, it could impose conditions on approvals, including occupancy numbers. Scherer said state law limits the city’s ability to license these homes and that the city’s tools are largely reactive—nuisance law and property-owner registration are available where legal.
The council closed the public hearing; the transcript records discussion and Planning Commission recommendation but does not show a final council vote adopting the ordinance. The record notes the Planning Commission asked staff to ensure property-owner registration options where applicable.
Clarifying details recorded: statutes referenced as Section 46 of the Wisconsin State Statutes; seven calls for service in the last 18 months with one arrest; conditional-use districts proposed RC, C2, C3, C4; RA and RB would not permit recovery residences; Planning Commission recommended approval with attention to property-owner registration.
