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Middleton, WI Accessory Structures: ADU Rules (2026)

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

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

Key Facts

Occupancy cap
One family per ADU
Size limit
Cannot exceed principal dwelling's floor area
Owner-occupancy
10 months/year, recorded agreement
Separate sale
Prohibited
Parking required
None
Permit decision time
30 days, Zoning Administrator

Summary

Middleton allows one accessory dwelling unit on a single- or two-family lot, attached or detached, but caps its size at the principal home's floor area, bars separate sale, and ties it to a recorded owner-occupancy agreement enforced through a zoning permit under Section 10.10.41.

(a)The number of occupants of the Accessory Dwelling Unit shall not exceed one family. ... (d)Accessory Dwelling Units shall adhere to the principal setback requirements and other regulations for the underlying zoning district.(e) ... 1.The principal building or Accessory Dwelling Unit must be occupied by the owner of the property as their primary residence for a period of at least ten months in a calendar year. A restrictive agreement between the property owner and the City shall be recorded prior to issuance of a zoning permit and occupancy being granted.2.The Accessory Dwelling Unit shall not be sold separately or otherwise conveyed or titled separately from the principal dwelling.3.The maximum size of an Accessory Dwelling Unit shall not exceed the size of the principal dwelling's floor area. ... (g)A Zoning Permit shall be required pursuant to Section 10.10.41 prior to establishing any Accessory Dwelling Unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

28(1) defines an ADU as a second independently habitable unit, including one above a ground-floor office or commercial use, or one on the same lot as a single- or two-family dwelling, attached or detached; a manufactured home may serve as the unit. The number of occupants is capped at one family, and new entrances cannot be added to the front elevation, only the side, rear, or street side. 05(3). ADUs on the same lot as a single- or two-family home carry four added conditions: either the principal building or the ADU must be the owner's primary residence for at least ten months of the calendar year, backed by a restrictive agreement recorded with the City before a zoning permit issues; the ADU cannot be sold, conveyed, or titled separately from the principal dwelling; its floor area cannot exceed that of the principal dwelling; and the building's exterior appearance must still read as a single- or two-family home.

No off-street parking is required for an ADU, and the City waives both park-fee-in-lieu and park improvement fees for an ADU permit. 41 is mandatory before establishing any ADU, and that review is decided in writing within 30 days, with work required to start within 365 days and finish within 730 days.

Violations & Fines

Establishing or occupying an ADU without the required Zoning Permit and recorded owner-occupancy agreement is unlawful under Section 10.10.60(1), exposing the property owner to liability regardless of who built or rented the unit. The Zoning Administrator issues a written enforcement demand, and continued noncompliance is referred to the City Attorney for prosecution, with forfeitures set under Chapter 30.04(1)(a) and injunctive relief or abatement also available to the City.

Frequently Asked Questions

Can I sell my Middleton ADU separately from the main house?
No. Section 10.03.28(1)(e)2 bars an accessory dwelling unit from being sold, conveyed, or titled separately from the principal dwelling; the two remain a single property under one owner.
Does someone have to live in the main house or the ADU full time?
Yes. Under Section 10.03.28(1)(e)1, either the principal building or the ADU must be occupied by the owner as a primary residence at least ten months a year, confirmed by a restrictive agreement recorded with the City before the permit and occupancy are granted.
How big can a Middleton ADU be?
Its floor area cannot exceed the floor area of the principal dwelling, per Section 10.03.28(1)(e)3, and the exterior character of the property must still read as a single- or two-family home.
Do I need a permit before building an ADU?
Yes, a Zoning Permit under Section 10.10.41 is required before establishing any accessory dwelling unit; the Zoning Administrator must grant or deny it in writing within 30 days of a complete application.

Sources & Official References

Other rules in Middleton

All Middleton rules

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

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