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Ashwaubenon, WI Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

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
Municipal buildings
Exempt from height limits

Summary

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.

Main buildings or parts thereof in the village shall not exceed thirty-six (36) feet in height except for those main buildings or parts thereof located within the following districts: ... District A: Building heights not to exceed sixty (60) feet ... District B: Building heights not to exceed one hundred twenty (120) feet ... A conditional use permit is required for any main building or part thereof exceeding thirty-six (36) feet and the building height limits set forth in Districts A and B.

Full Breakdown

Section 17-5-200(D) sets the Village's building-height framework. Outside the two mapped height-overlay districts, no main building or part of one may exceed 36 feet, matching the 36-foot cap that also appears in the R-1 and R-2 residential dimensional tables. District A, mapped on the Village's Building Heights Restrictions, Exceptions and Districts Map dated February 13, 2007, allows main buildings up to 60 feet; District B on the same map allows up to 120 feet. Exceeding 36 feet, even for a building sited within District A or B, requires a conditional use permit under Section 17-5-200(D)(2)(a)(iii), and every building permit application for new construction in Districts A or B must be reviewed and approved by the Site Plan Review Committee.

Height is measured from established grade, the finished grade after grading or excavation; on a lot with a curb, the measuring point is the highest point of that curb, and corner lots use the higher of the two abutting curbs. Where a home is set back more than 25 feet from the curb, its height-to-setback ratio must follow the same graduated formula used for foundation-wall elevation under Section 17-5-200(D)(1)(b). Certain features are excluded from the height count entirely under Section 17-5-200(D)(3): spires, belfries, cupolas, clerestories, skylights, ventilators, chimneys and elevator shaft enclosures, though none of those exclusions may exceed the FAA's maximum allowable heights.

Clerestories and skylights may add up to 15 percent of the building height or 10 feet, whichever is less, and parapets up to 30 percent of building height or 10 feet, whichever is less. Structures the Village itself builds for municipal purposes are exempt from these height limits altogether.

Violations & Fines

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).

Frequently Asked Questions

How tall can I build a house in Ashwaubenon?
Outside the two mapped height-overlay districts, main buildings including houses are capped at 36 feet under Municipal Code Section 17-5-200(D)(2)(a), the same limit shown in the R-1 and R-2 residential dimensional tables; going higher requires a conditional use permit.
What are Districts A and B for building height?
They're overlay areas shown on the Village's Building Heights Restrictions, Exceptions and Districts Map dated February 13, 2007. District A allows main buildings up to 60 feet and District B up to 120 feet, both well above the Village's standard 36-foot cap.
Do chimneys and rooftop equipment count toward the height limit?
No. Section 17-5-200(D)(3) excludes spires, belfries, cupolas, clerestories, skylights, ventilators, chimneys and elevator shaft enclosures from the height count, though none may exceed the FAA's maximum allowable height for the site.
How is building height measured on a sloped lot?
From established grade, the finished grade after grading or excavation. On a lot with a curb, height is measured from the curb's highest point; corner lots use whichever of the two abutting curbs is higher, per Section 17-5-200(D)(1)(b).

Sources & Official References

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