Building Setbacks & Zoning in Ashwaubenon, WI

Ashwaubenon maintains 112 local ordinances across all categories, and 2 of those deal specifically with building setbacks & zoning. Here is a breakdown of what the city actually requires, what is prohibited, and where Ashwaubenon falls on the strict-to-permissive spectrum compared to other cities.

Structure Height Limits

The Village of Ashwaubenon caps most main buildings, including houses, at 36 feet under Municipal Code Section 17-5-200(D)(2)(a). Two mapped overlay districts allow taller construction, District A up to 60 feet and District B up to 120 feet, and anything above 36 feet, even inside those districts, needs a conditional use permit.

Key details: Village-wide cap: 36 feet for main buildings. District A cap: 60 feet. District B cap: 120 feet. Over 36 feet: Requires conditional use permit. Height map dated: February 13, 2007.

Exceeding 36 feet without the required conditional use permit, or building above the District A or B caps of 60 and 120 feet, is a Chapter 17 violation under Section 17-9-200(B), triggering the Code's general forfeiture penalty at Section 1-1-13(A)(1): $1.00 to $5,000.00 per offense plus costs, and the Village Attorney may seek an injunction or order removal of a noncompliant structure under Section 17-9-200(C).

Setback Rules

Ashwaubenon's zoning code ties most yard setbacks to the district a lot sits in, using Table 17-5-100 for the base numbers and Section 17-5-200(C) to handle special cases. Side yards on commercial and public lots must match whatever an abutting R-1, R-2 or R-3 zone requires, corner lots in R-1/R-2 owe a full-depth rear yard, and swimming pools need a 10-foot setback of their own.

Key details: Governing section: § 17-5-200(C) Required Yards. Base figures: Table 17-5-100(A)/(B) by district. Abutting-zone rule: Match side/rear yard of adjoining residential zone. Industrial rear yard: 25 ft if I-1/I-2/IP abuts residential. Pool setback: 10 ft side and rear from water's edge.

Building or expanding a structure short of the district's required yard, or closer to the water's edge than the 10-foot pool setback, is a zoning violation the building inspector can catch at permit review or during a site inspection. A permit application that does not match the setback and foundation-depth standards in § 17-5-200(C) can be denied, and a structure built without conforming can be ordered corrected under the Village's zoning enforcement authority.

The Bottom Line

Ashwaubenon's building setbacks & zoning 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.