Waukesha moves to ease rules for small accessory buildings; ordinance language to be finalized

The Village of Waukesha’s Plan Commission and Village Board on June 12 voted to recommend amendments to Zoning Chapter 42 (sections 42-34 and 42-36) that would reduce side and rear setbacks for certain small accessory buildings and remove permit requirements for some portable structures, officials said.

At a joint public hearing, Sean (staff member) told commissioners the proposal was intended to “reduce the side and rear offsets for small accessory buildings, which are a 120 square feet or less in size, and then also remove the permitting requirements” for certain portable plastic sheds, chicken coops and dog houses. Under the draft changes, lots of 1.5 acres or less (excluding environmental corridors and conservancy districts) could place one accessory building of 120 square feet or less at a 10-foot setback from side or rear lot lines; other accessory buildings on the same property would still need to meet the existing 20-foot offsets.

The measure would also exempt portable plastic sheds, chicken coops and chicken runs, and dog kennels/dog houses of 120 square feet or less from zoning and building permit requirements, while still requiring these structures to comply with the remainder of the zoning ordinance. The 10-foot setback replaces an earlier draft that proposed a 5-foot setback; planners said 10 feet was a compromise the commission preferred.

Commissioners discussed related issues raised by the public, including greenhouse structures and consistency with existing county or agricultural setbacks. One commenter noted that county rules require 50-foot setbacks for certain farm structures, which the board said would remain unchanged and could be revisited in a later amendment if desired. Officials emphasized the change applies only to qualifying small, portable structures and to lots under the stated acreage threshold.

The Plan Commission moved and seconded a recommendation to the Village Board to adopt the changes; the Village Board likewise voted to accept the plan commission’s recommendation, with both bodies noting the language will be finalized by staff and legal counsel before an ordinance is published.

The board and commission emphasized the draft will be converted into formal ordinance language and be subject to legal review before becoming effective. The vote to advance the amendments was unanimous.