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De Pere, WI Accessory Structures: ADU Rules (2026)

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

ADU rules in De Pere, WI, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Number allowed
One backyard cottage per lot
Owner-occupancy
Owner must live on-site 6+ months/year
Before permit issues
Recorded deed restriction required
Rental limit
Short-term rental use prohibited
Resale rule
Cannot be sold separate from house
Citation
De Pere Zoning Ordinance § 14-27

Summary

De Pere allows one backyard cottage, a detached accessory dwelling unit, per lot occupied by a detached house under Zoning Ordinance Section 14-27. The cottage can't be used as a short-term rental, requires a recorded deed restriction before a permit issues, and either the house or the cottage must stay owner-occupied at least six months a year.

(1) Description A backyard cottage is a small accessory residential building occupied by a single, self-contained accessory dwelling unit. Backyard cottages are located on the same lot as a detached house but are not attached to the detached house. ... (2) Where Allowed Backyard cottages are allowed in all R districts but only on lots occupied by a detached house. ... (b) Number. No more than one backyard cottage is permitted on a single lot. Backyard cottages are not permitted on lots occupied by a secondary suite. ... (e) Owner Occupancy and Rental. At least one of the dwelling units on a lot occupied by a backyard cottage must be occupied by an owner with at least a 50% interest in the subject property. The owner must occupy either the principal dwelling unit or the backyard cottage as their permanent residence for at least 6 months of each calendar year. ... (g) Short-Term Rentals Backyard cottages may not be used as short-term rentals.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Backyard cottages are a form of accessory dwelling unit that Section 14-27 allows in every residential district, but only on a lot that already holds a detached house; a lot with a secondary suite, the interior version of an ADU addressed at Section 14-78(11), cannot also add a backyard cottage, and no more than one backyard cottage is permitted per lot. The combined number of residents in the cottage and the principal dwelling can't exceed what a single household is allowed under the city's occupancy rules, plus two additional residents.

At least one of the two dwellings on the lot, either the detached house or the cottage, must be occupied by an owner holding at least a 50 percent interest in the property, and that owner must live there as a permanent residence for at least six months of every calendar year. Before the city issues a building permit for a backyard cottage, the property owner must record a deed restriction committing to the owner-occupancy and rental limits and to notify future buyers of them; the restriction runs with the land, binds heirs and successors, must be in a form the development services director prescribes, and proof of recording must be filed before permits issue.

Backyard cottages cannot be used as short-term rentals, and a completed cottage cannot be sold separately from the principal house. Converting an existing accessory building into a cottage carries its own setback cross-reference: the rear and interior side setbacks match whatever applies to that accessory building type, except the rear setback must still be at least 25 feet where the rear yard adjoins a neighboring side yard. All backyard cottages must meet applicable Uniform Dwelling Code and building code standards.

Violations & Fines

Adding a backyard cottage without a permit, exceeding the one-per-lot limit, renting it short-term, or failing to record the required deed restriction is a zoning violation under Section 14-151. The development services director can withhold or revoke the building permit under Section 14-152(2), the city can issue a municipal citation under municipal code Section 1-11, and each day the violation continues after notice is a separate offense under Section 14-151(2).

Frequently Asked Questions

Can I rent my De Pere backyard cottage as a short-term rental?
No. Section 14-27(4)(g) states plainly that backyard cottages may not be used as short-term rentals. The ordinance instead requires one of the lot's two dwelling units, the house or the cottage, to serve as a permanent, owner-occupied residence for at least six months of each year.
Does building a backyard cottage require more than a building permit?
Yes. Before the city issues the permit, Section 14-27(4)(j) requires the owner to record a deed restriction agreeing to the owner-occupancy and rental limits and to notify future buyers of them. Proof of recording must reach the development services director first.
Can a lot have both a secondary suite and a backyard cottage?
No. Section 14-27(4)(b) says backyard cottages are not permitted on lots already occupied by a secondary suite, the interior-conversion form of accessory dwelling unit governed separately under Section 14-78(11), and caps backyard cottages themselves at one per lot.
Can I sell the backyard cottage separately from my house?
No. Section 14-27(4)(i) states that backyard cottages cannot be sold separately from the principal detached house. The cottage stays tied to the same lot and ownership as the main residence for as long as it exists.

Sources & Official References

Other rules in De Pere

All De Pere rules

How De Pere compares: Easiest Cities to Build an ADU·Compare De Pere to another location·View the Wisconsin accessory structures overview

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