ADU rules in Burlington, WI β also called accessory dwelling unit regulations or granny flat ordinances β cover setbacks, owner-occupancy, parking, and permit requirements.
Burlington regulates accessory uses, buildings and dwellings through Chapter 315 (Zoning) of the City of Burlington Code, originally adopted by the Common Council on January 5, 1988. Detached accessory structures may not occupy more than 20% of the existing rear yard in residential districts (50% in B-1, B-2, B-2A, B-3, I-1, M-1 through M-4, nonresidential PUD, and Q-1), must be set back at least 3 feet from any lot line and 10 feet from any alley line, and may not exceed the height of the principal structure or 25 feet, whichever is less. Burlington derives its zoning authority from Wis. Stat. Sec. 62.23. Building and zoning permits are issued by the City of Burlington Building & Zoning Department.
Burlington's zoning ordinance is codified at Chapter 315 of the City Code (originally adopted January 5, 1988). General rules for accessory uses and structures are found within Chapter 315 and require the principal structure to be present or under construction before an accessory use is established. Customary accessory buildings (including not more than one roadside stand for sale of farm products produced on the premises) are permitted in agricultural-related districts. In residential districts, detached accessory structures are limited to 20% of the existing rear yard area; in B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, nonresidential PUD, and Q-1 districts, that limit rises to 50% of the rear or side yard. Setbacks for accessory structures in residential districts are a minimum of 3 feet from any lot line and 10 feet from any alley line. Maximum height in residential districts is the lesser of the principal structure's height or 25 feet. The City's zoning authority is granted by Wis. Stat. Sec. 62.23, the standard Wisconsin city zoning enabling statute. Wisconsin does not have a statewide ADU preemption law, so allowed dwelling types and density are governed by Chapter 315's individual district regulations (Article III: Zoning Districts) and Chapter 315 definitions (Article XIV). Confirm with the Burlington Building & Zoning Department whether your specific zoning district treats a separate accessory dwelling as a permitted, conditional, or prohibited use, and whether it must be attached to the principal dwelling.
Constructing an accessory building or dwelling without a zoning permit and building permit, or in excess of the dimensional limits in Chapter 315, is a violation of the City of Burlington Code. Enforcement may include stop-work orders, after-the-fact permitting, structural modifications, and citations under the City's general penalty provisions. Wisconsin Uniform Dwelling Code (Wis. Admin. Code SPS 320-325) violations may also be cited by the building inspector.
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