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

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

Key Facts

Rs-1/Rs-2/Rs-3 height cap
35 feet
Rm-3 principal structure
3.0 stories / 45 feet
Rm-4 principal structure (PUD)
70 feet
Public/semipublic buildings
up to 60 feet with wider yards
Exempt features
spires, chimneys, flues, cupolas
Airport overlay
can lower limits, Sec. 315-53B
Penalty
$10-$200 forfeiture per day

Summary

Burlington caps single-family homes in the Rs-1 Residence District at 35 feet under City Code Section 315-16E, the same ceiling that applies in the Rs-2 and Rs-3 districts. Article VI then layers on citywide modifications: architectural features like spires and chimneys are exempt, and land near Burlington Municipal Airport can be restricted further under the airport height map.

E. Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Burlington City Code Section 315-16E sets the flat height ceiling for the Rs-1 Single-Family Residence District: no building or parts of a building shall exceed 35 feet in height. The identical 35-foot cap governs the Rs-2 and Rs-3 Single-Family Residence Districts. 0 story/15 feet, while the Rm-4 Multiple-Family District, used only with a Planned Unit Development overlay, allows a 70-foot principal structure. Article VI, Section 315-53, then modifies every district's number: architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys are entirely exempt from the height limitation, as are special structures like elevator penthouses, grain elevators, cooling towers and smokestacks, and essential utility and communication facilities.

Public or semipublic buildings such as schools, churches, and hospitals may rise to 60 feet, but only if every required yard is widened by one foot for each foot the building exceeds the district's normal maximum. Section 315-53B also lets height limits be reduced below the district standard where the Height Limitation Zoning Map for Burlington Municipal Airport, adopted by the Wisconsin Bureau of Aeronautics on April 15, 1994, imposes a lower ceiling; that map is incorporated into the chapter and kept on file at City Hall.

Violations & Fines

Exceeding a district's height limit is a Zoning Code violation under Burlington City Code Section 315-136: conviction brings a forfeiture of not less than $10 nor more than $200 plus prosecution costs, with each day the oversized structure stands counted as a separate offense and up to 30 days in the county jail for nonpayment. The Zoning Administrator, Common Council, City Plan Commission, or a damaged neighboring property owner may also sue under Section 315-134 to enjoin construction or force a noncompliant structure to be altered or removed.

Frequently Asked Questions

How tall can a house be built in Burlington's single-family districts?
Burlington City Code Section 315-16E limits buildings in the Rs-1 Single-Family Residence District to 35 feet, and the same 35-foot ceiling applies in the Rs-2 and Rs-3 districts. The cap is measured against the whole structure, not just the roof ridge, so dormers and upper stories count toward the limit.
Are chimneys and steeples exempt from the height limit?
Yes. Section 315-53A(1) exempts architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys from the district height limitation entirely, along with special structures like elevator penthouses, grain elevators, and cooling towers listed in Section 315-53A(2).
Can a church or school exceed the normal height limit?
Public or semipublic facilities such as schools, churches, hospitals, and government buildings may rise to 60 feet under Section 315-53A(5), but every required yard around the building must be increased by at least one foot for each foot the structure exceeds the district's ordinary maximum height.
Does the Burlington Municipal Airport limit building heights nearby?
It can. Section 315-53B allows district height limits to be reduced when the Height Limitation Zoning Map for Burlington Municipal Airport, published by the Wisconsin Bureau of Aeronautics and dated April 15, 1994, requires a lower ceiling; that map is incorporated into the Zoning Code and kept on file at City Hall.

Sources & Official References

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