ADU rules in Ashwaubenon, WI β also called accessory dwelling unit regulations or granny flat ordinances β cover setbacks, owner-occupancy, parking, and permit requirements.
The Village of Ashwaubenon defines an Accessory Dwelling Unit in Sec. 17-3-200 of the Zoning Code (Chapter 17) as 'a secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.' The Zoning Code is adopted under Wis. Stat. Sec. 61.35 (village zoning) and Sec. 62.23. ADUs are not listed as a Use Type in the Sec. 17-4-200 Household Living category (which lists single-family detached, single-family attached, two-family, townhouses, and multifamily). The Sec. 17-5-100 Table of Dimensional Standards in Residential Districts notes that the residential floor-area minimums 'do not apply to accessory dwelling units.' Residential districts are R-1 (One-Family), RE (Rural Estate), R-2 (Two-Family), and R-3 (Multiple-Family).
Chapter 17 of the Ashwaubenon Code is the Zoning Ordinance, adopted under Wis. Stat. Sec. 61.35 and Sec. 62.23. Sec. 17-3-200 defines 'Accessory Dwelling Unit' as a secondary dwelling unit subordinate to a principal dwelling, attached or detached on the same lot, and 'Accessory Building' as a building subordinate and incidental to the main building. The Sec. 17-4-100 Table of Allowable Uses governs which uses are permitted in each district; Household Living Use Types listed under Sec. 17-4-200(A)(1) are single-family detached, single-family attached, two-family, townhouses, multiple-family, live/work, and upper-story dwellings. Sec. 17-4-400 sets accessory-structure standards: in R-1 and R-2 districts, total accessory-building floor area is capped at 576 sq ft on lots under 15,000 sq ft, 768 sq ft on lots 15,000-25,000 sq ft, and 936 sq ft on lots over 25,000 sq ft, with a 15-foot maximum height and 6-foot rear and side setbacks (4-foot side without a 2-car attached garage). Sec. 17-4-400(D)(2) requires every single-family and two-family dwelling to have a private garage at least 12 by 22 feet. The Sec. 17-5-100 Table of Dimensional Standards in Residential Districts (Notes) states that minimum residential floor areas 'do not apply to accessory dwelling units.' Sec. 17-3-200 also defines Zero Lot Line Duplex (a two-family dwelling with units on separate lots), permitted under Sec. 17-5-100(F)(2). Because ADUs are not enumerated as a permitted Household Living Use Type, applicants should confirm with the Community Development Department (920-593-4405) and the Sec. 17-4-100(B) rule that uses not listed are prohibited.
Constructing an accessory building or dwelling without a permit, or in violation of size, height, or setback limits in Sec. 17-4-400, is a Chapter 17 violation. Sec. 17-9-200 makes any non-conforming construction null and void and authorizes the Village Attorney to seek injunction, mandamus, abatement, or removal, with forfeitures under the Sec. 1-1-13 bond schedule of the Village Municipal Court. Use of a structure for human habitation that is not a permitted Household Living Use Type in the applicable district is independently a Chapter 17 violation.
Ashwaubenon, WI
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Ashwaubenon, WI
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Ashwaubenon, WI
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Ashwaubenon, WI
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Ashwaubenon, WI
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Ashwaubenon, WI
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