Ashwaubenon's Accessory Structures: The Rules That Matter

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 Rules

Sheds in the Village of Ashwaubenon are regulated as accessory buildings under Sec. 17-4-400 of the Zoning Ordinance (Chapter 17), adopted under Wis. Stat. Sec. 61.35 and Sec. 62.23. The Village Building Inspection Division administers an Accessory Building Permit. In R-1 (One-Family) and R-2 (Two-Family) 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, 6-foot rear and side setbacks (4-foot side without a 2-car attached garage), and a prohibition on construction in any utility easement. In the RE (Rural Estate) district, accessory buildings may not exceed 25 feet or the height of the main building, side walls and doors are limited to 10 feet, side and rear setbacks are 10 feet, and accessory buildings may not occupy more than 35 percent of the rear yard.

Key details: Sheds Are: Sheds are accessory buildings under Sec. 17-4-400 of the Zoning Code. R-1/r-2 Max Accessory: R-1/R-2 max accessory area: 576 sq ft (under 15,000 sf lots), 768. Max Height In: Max height in R-1/R-2: 15 feet; 6 ft rear/side setback (4 ft. Re District: RE district: max 25 ft or height of main building; 10 ft. Re Accessory: RE accessory buildings limited to 35% of rear yard and must match.

Constructing or maintaining a shed without an Accessory Building Permit, in excess of the Sec. 17-4-400 size or height limits, inside a utility easement, or in violation of the 6-foot rear/side setback (4-foot without a 2-car attached garage in R-1/R-2) or 10-foot setback in RE is a violation of Chapter 17. Sec. 17-9-200 of the Zoning Ordinance makes any non-conforming construction null and void and authorizes the Village Attorney to seek injunction, mandamus, abatement, or removal, with forfeitures imposed under the Sec. 1-1-13 bond schedule of the Village Municipal Court. Failure to anchor the structure against wind displacement may also be cited as a building-code violation by the Building Inspection Division.

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.