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

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

Key Facts

R-L max height
35 ft or 3 stories, whichever is less
R-H max height
45 ft/3 stories, CU up to 75 ft/6 stories
R-R max height
35 ft or 3 stories
Accessory structure cap
No taller than house, max 15 ft
Institutional exception
CU approval under § 22-6(a)
Penalty
$100/day forfeiture

Summary

Fitchburg caps residential structures in the R-L Low Density District at 35 feet or three stories, whichever is less, under the zoning code's dimensional standards, with conditional-use exceptions for institutional buildings and taller structures in higher-density districts.

(7)Maximum height of structures: 35 feet or three stories, whichever is less.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Fitchburg City Code § 22-58(7) limits the maximum height of structures in the R-L Low Density District to 35 feet or three stories, whichever is less. The same 35-foot-or-three-story cap applies in the R-LM district under § 22-92(7) and in the Rural Density R-R district under § 22-208(7). Denser districts allow more height: the R-H High Density District permits up to 45 feet or three stories under § 22-146(8), with conditional-use approval available for up to six stories or 75 feet, whichever is less, and the R-HU High Density Urban District allows 45 feet or three stories under § 22-227(8), with conditional use available for additional stories.

Section 22-6(a) carves out a general exception for institutional facilities: government buildings, churches, utility structures and schools may exceed their district's height limit on a conditional-use basis approved by the plan commission, which can also place conditions on the structure's use above the maximum height. Detached accessory structures are capped lower than the principal structure regardless of district: § 22-56(6) and (7) limit detached garages, carports and storage buildings to no taller than the principal structure and, in any case, no more than 15 feet.

Violations & Fines

A structure built above its district's height limit without an approved exception is a Chapter 22 zoning violation, enforced by the zoning administrator under § 22-648. The administrator can issue a demand to halt construction or require the excess height be removed, and § 22-648(d)(2) sets a forfeiture of $100.00 per day for noncompliance. The city attorney can pursue an injunction to force compliance. An owner who believes the height limit creates an unnecessary hardship on a specific lot can apply for a variance to the zoning board of appeals under § 22-644.

Frequently Asked Questions

How tall can a house be in Fitchburg's R-L district?
35 feet or three stories, whichever is less, under § 22-58(7) of the zoning code. That is the standard height limit for the city's low-density single-family district.
Can a church or school be taller than the district limit?
Yes. Section 22-6(a) lets institutional facilities such as government buildings, churches, utility structures and schools exceed their district's height limit, but only with conditional-use approval from the plan commission, which can attach conditions to the added height.
Are detached garages and sheds subject to the same height limit as the house?
No, they are capped lower. Under § 22-56(6) and (7), detached garages, carports and storage buildings cannot be taller than the principal structure on the lot and, regardless, cannot exceed 15 feet.
Is the height limit the same in every Fitchburg residential district?
No. R-L, R-LM and R-R cap height at 35 feet or three stories, while the higher-density R-H and R-HU districts allow 45 feet or three stories by right, with conditional-use approval available for up to six stories or 75 feet in R-H.

Sources & Official References

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