Burlington's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Burlington, 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

Burlington regulates sheds as accessory structures under Chapter 315 (Zoning) of the City Code. Sheds are permitted in residential districts in the rear yard only, must sit at least three feet from any lot line and ten feet from any alley line, and are sized according to lot area: 720 sf maximum on lots up to 10,000 sf, scaling up to 900 sf on lots of 40,000 sf or more. Combined accessory footprints may not cover more than 20% of the required rear yard.

Key details: Zoning Chapter: City Code Chapter 315. Allowed Location: Rear yard only. Lot-Line Setback: 3 ft minimum (10 ft from alley). Max Size (lot ≤10,000 sf): 720 sf. Max Height: Principal structure height or 25 ft.

Building a shed without zoning approval, locating it outside the rear yard, placing it within three feet of a lot line or ten feet of an alley line, or exceeding the lot-area-based maximum size or 20% rear-yard coverage cap, can result in a stop-work order, an order to relocate or remove the structure, and forfeitures under the City's non-criminal-disposition schedule. Sheds erected without a required Uniform Dwelling Code permit can also be cited by the Building Department under Chapter 115 and Wis. Admin. Code SPS 320-325. Variances from the Chapter 315 dimensional standards are heard by the Burlington Zoning Board of Appeals.

ADU Rules

Burlington regulates accessory uses, buildings and dwellings through Chapter 315 (Zoning) of the City of Burlington Code, originally adopted by the Common Council on January 5, 1988. Detached accessory structures may not occupy more than 20% of the existing rear yard in residential districts (50% in B-1, B-2, B-2A, B-3, I-1, M-1 through M-4, nonresidential PUD, and Q-1), must be set back at least 3 feet from any lot line and 10 feet from any alley line, and may not exceed the height of the principal structure or 25 feet, whichever is less. Burlington derives its zoning authority from Wis. Stat. Sec. 62.23. Building and zoning permits are issued by the City of Burlington Building & Zoning Department.

Key details: Code Chapter: Burlington Code Chapter 315 (Zoning). Adopted: January 5, 1988. Rear Yard Coverage (Residential): 20% max. Rear/Side Yard Coverage (B/I/M/PUD/Q-1): 50% max. Setback from Lot Line: 3 ft minimum (residential).

Constructing an accessory building or dwelling without a zoning permit and building permit, or in excess of the dimensional limits in Chapter 315, is a violation of the City of Burlington Code. Enforcement may include stop-work orders, after-the-fact permitting, structural modifications, and citations under the City's general penalty provisions. Wisconsin Uniform Dwelling Code (Wis. Admin. Code SPS 320-325) violations may also be cited by the building inspector.

The Bottom Line

Burlington'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 Burlington is broadly strict or permissive.

This guide is based on Burlington's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.