Zoning FAQ

A 5’ setback is required from any structure to the exterior surface of a holding or treatment tank. A 15’ setback is required from the drainfield of a septic system. Winnebago County does not regulate wells. Please contact the DNR or a licensed well driller for information regarding wells.

The waters edge is not used to measure the setback. The standard setback from any navigable body of water for new construction is 75 feet and is measured from the ordinary high water mark as established by either the zoning office or DNR. This setback is used for all new construction, additions and such things as fences, decks, and patios.

The road right-of-way is the officially dedicated area of the road which includes the pavement, shoulder and ditch. Utilities are generally located along the right-of-way lines. Measuring from the centerline half of the right-of-way width does not necessarily establish the right-of-way line since paved areas are not always centered in the right-of-way. It is always best to locate your property pipes which usually coincide with the right-of-way line. Hire a surveyor if you are not sure.

First try to locate your property pipes. Knowing the dimensions of your lot and measuring from the existing property pipes is a relatively accurate way of establishing your lot lines. If your neighbor has a property pipe, you could also use that pipe to assist in locating your lot boundaries. Be sure you have permission from your neighbor to do this. You may have to hire a surveyor to re-establish your lot lines if there are not enough property pipes present or if you cannot find the pipes.

Setbacks for structures are measured from the foundation wall or exterior building wall. Roof overhangs can only extend two feet into the allowed building setback. Most structures are measured to lot lines. Front lot lines are the same as the road right of way line. Measurements are never taken from the centerline of the road. Shoreline measurements are taken from the ordinary high water mark, never from the water’s edge.

Setbacks are the minimum required distances between a structure and property lines, the ordinary high water mark of navigable waters, road rights-of-ways and between structures. Different setback requirements are established for different types of buildings and different zoning districts. Contact the County zoning with specific setback questions.

There are both non-conforming uses and non-conforming structures that are regulated by County zoning. These are often referred to as "grand-fathered."

Non-conforming Uses involve the existing use of a property that is in conflict with current zoning. It may be a house located in a commercial zoning district, a duplex in a single-family zoning district, or a house in a residential district that has had an insurance office in it for the last thirty years.

"Grandfathered" is another term for existing non-conforming structures or uses. Please see the following answer for non-conforming issues.

Patios and sidewalks are considered structures and must meet a 75’ setback from the Ordinary High Water Mark. Please refer to the General Information Link on the Zoning Homepage for more information on patios and sidewalks.
 

Decks count toward setbacks and must gain approval through the issuance of a zoning permit prior to their construction.