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Ashwaubenon, WI Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum indoor size
280 sq ft + 40 sq ft/child
Minimum outdoor play area
525 sq ft + 75 sq ft/child
Play area fence height
At least 4 feet, full enclosure
Outdoor play curfew
No outdoor play after 8:00 PM
Drop-off parking ratio
1 space per 20 children
In-home day care cap
6 persons receiving care

Summary

The Village of Ashwaubenon zoning code sets detailed site and building standards for child day care centers and preschools, covering minimum indoor size, fenced outdoor play areas, drop-off traffic design and an 8:00 PM cutoff on outdoor play. The rules apply regardless of the underlying zoning district and are enforced through the Village's site plan approval process.

Child day care centers and preschools shall comply with the following standards: (i) Location If not located in a stand-alone building: (1) be located on the first floor of a principal structure; and (2) be segregated (including the restrooms) from the remaining portion of the building in which it is located. (ii) Size Not be less than two hundred eighty (280) square feet in size, plus an additional forty (40) square feet in area per child permitted. (iii) Outdoor Play Areas Outdoor play areas shall: (1) Be a minimum of five hundred twenty-five (525) square feet in size, plus an additional seventy-five (75) square feet per child on the site; (2) Include a fence at least four (4) feet in height that completely encloses the play area, and is designed so all persons entering the play area are within direct line of sight from the classroom areas; (3) Not locate play equipment within the required front yard or setback of any district; (4) Be safely segregated from parking, loading, or service areas; and e. Not conduct outdoor play activities after 8:00 PM.

Full Breakdown

Under Ashwaubenon Municipal Code § 17-4-300(C)(1)(a), a child day care center or preschool that is not in a stand-alone building must sit on the first floor of the principal structure and be segregated, restrooms included, from the rest of the building. The indoor space itself cannot be smaller than 280 square feet, plus another 40 square feet for every additional child permitted, so capacity is tied directly to floor area rather than left to a case-by-case judgment call. Outdoor play areas carry their own floor: a minimum of 525 square feet, plus 75 square feet per child on site, and the area must be enclosed by a fence at least 4 feet high built so every child is within direct line of sight from the classrooms.

Play equipment cannot sit in a required front yard or setback of any zoning district, the play area has to be kept safely separated from parking, loading or service areas, and outdoor play cannot run after 8:00 PM. Parking and circulation must be designed to keep children from crossing vehicle travel lanes, with at least one drop-off parking space required for every 20 children. A center sited on religious institution property is allowed only as an accessory use, and only if it is compatible with neighboring uses on hours, noise, lighting and parking, and does not create a significant traffic impact.

A separate track covers in-home day care: those are capped at six children receiving care, need Site Plan Approval under Article 2, and any outdoor play area must have an opaque fence at least 4 feet high. In-home operations serving five or more children must additionally meet the Village's adopted commercial building code standards, not just the residential code. These standards sit inside Chapter 17's use-specific rules, meaning they layer on top of whatever base zoning district (R-1, B-2, and so on) otherwise allows the use.

Violations & Fines

Because these are zoning use-specific standards, a project that does not meet them is denied Site Plan Approval or a zoning permit rather than fined after the fact; an existing center found out of compliance with the fenced play area, size or drop-off requirements is subject to Chapter 17 Article 9 zoning enforcement, which can include a stop-work or cease-of-use order until the site is brought into compliance.

Frequently Asked Questions

How big does a child care center have to be in Ashwaubenon?
The indoor space must be at least 280 square feet, plus an additional 40 square feet for every child the center is licensed to serve, under Village Code § 17-4-300(C)(1)(a). This applies to centers not located in a stand-alone building, which must also sit on the first floor and be segregated from the rest of the structure.
Is there a curfew on outdoor play at day care centers?
Yes. Ashwaubenon's zoning code bars outdoor play activities after 8:00 PM at child day care centers and preschools. The outdoor play area must also be enclosed by a fence at least 4 feet high positioned so staff have direct line of sight from the classrooms.
Can someone run a day care out of their home in Ashwaubenon?
Yes, as in-home day care, capped at six people receiving care. It requires Site Plan Approval under Article 2, and any outdoor play area needs an opaque fence at least 4 feet high. Serving five or more children triggers the Village's commercial building code standards instead of residential ones.

Sources & Official References

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