Accessory Structures in Ashwaubenon, WI

Every city handles accessory structures a little differently. In Ashwaubenon, Wisconsin, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Shed & Carport Rules

Ashwaubenon requires a building permit before erecting any accessory building, including sheds, and caps their footprint at 576 square feet on lots under 15,000 square feet with an attached garage, rising to 768 or 936 square feet on larger lots. Sheds and detached garages in the R-1 and R-2 districts are also capped at 15 feet in height and must sit at least four to six feet off the side and rear lot lines.

Key details: Size cap, lots under 15,000 sq ft: 576 sq ft with attached garage. Size cap, 15,000-25,000 sq ft lots: 768 square feet. Size cap, lots over 25,000 sq ft: 936 square feet. Max height, R-1/R-2 districts: 15 feet. Setback with 2-car garage: 6 ft rear, 6 ft side.

Building without a permit, or exceeding the 576/768/936-square-foot cap or 15-foot height limit, is a Chapter 17 violation enforced under Section 17-9-200(B): the Building Inspector can order a stop-work action, and the Village Attorney may pursue an injunction or removal order under Section 17-9-200(C). Penalties follow the Code's general forfeiture schedule at Section 1-1-13(A)(1): not less than $1.00 nor more than $5,000.00 per offense, plus prosecution costs, with each day of a continuing violation counted as a separate offense.

ADU Rules

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).

Key details: ADU Status: Sec. 17-3-200 defines Accessory Dwelling Unit as a secondary dwelling subordinate to a principal dwelling, attached or detached on the same lot. Permitted Zones: Residential districts: R-1 One-Family, RE Rural Estate, R-2 Two-Family, R-3 Multiple-Family. ADU Status: ADUs are not listed in the Sec. 17-4-200 Household Living Use Types. Floor Area: Sec. 17-4-400 caps accessory-building floor area at 576/768/936 sq ft based on lot size in R-1 and R-2. Height: Maximum accessory-building height is 15 feet in R-1 and R-2.

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.

The Bottom Line

Ashwaubenon's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Ashwaubenon is broadly strict or permissive.

These rules come from Ashwaubenon's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.