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Milton, WI Accessory Structures: ADU Rules (2026)

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

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

Key Facts

Max ADU size
750 square feet
Occupancy rule
Owner must live in home or ADU
Permit required
Zoning permit under Sec. 78-10.41
Ownership
ADU cannot be sold separately from home
Parking
Waived if on-street parking is available

Summary

Milton allows one accessory dwelling unit per single-family lot under City of Milton Code of Ordinances Sec. 78-03.28(1), capped at 750 square feet. The owner must occupy either the principal home or the ADU as a primary residence, record a restrictive agreement with the city, and obtain a zoning permit before the unit is built or occupied.

Accessory dwelling unit. ... a residential dwelling unit located on the same lot as a single-family dwelling unit, either in the same building as the single-family dwelling unit or in a detached building. An ADU is independently habitable and provides the basic requirements of shelter, heating, cooking, and sanitation. ... (e)For accessory dwelling units located on the same lot as a single-family dwelling unit, the following additional regulations shall apply:1.The principal building or accessory dwelling unit must be occupied by the owner of the property as their primary residence. A restrictive agreement between the property owner and the city shall be recorded prior to the issuance of a zoning permit and occupancy being granted.2.The accessory dwelling unit shall not be owned separately from the principal dwelling.3.The maximum size of an accessory dwelling unit shall not exceed 750 square feet.4.The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single-family dwelling.( ... g)A zoning permit shall be required pursuant to section 78-10.41 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: Code of Ordinances: Supplement 21 Update 2).

Full Breakdown

The City of Milton, Rock County, Wisconsin zoning ordinance defines an accessory dwelling unit (ADU) as a second, independently habitable residence on the same lot as a single-family home, either attached or in a detached building, per Sec. 28(1). Backyard cottages, garage apartments, and basement units all qualify as long as each includes its own kitchen, bathroom, heating and sanitation facilities, meeting the code's 'independently habitable' standard. The code sets a hard cap of 750 square feet for any ADU sharing a lot with a single-family dwelling.

Before construction or occupancy, either the principal dwelling or the ADU itself must be owner-occupied as the property owner's primary residence, and the owner must record a restrictive agreement with the city confirming that condition before the zoning permit is issued. The ADU cannot be sold or conveyed separately from the principal home, keeping the two under one deed. New entrances may open onto the side, rear or street-side elevation, but not the front, and any entry in a side, rear or street-side yard must connect to the street by a paved walkway or driveway.

The ADU must otherwise meet the setbacks and dimensional standards of the underlying zoning district. Off-street parking is waived only if on-street parking already exists adjacent to the property, as determined by the zoning administrator; otherwise the residential parking table in Sec. 06 applies. A zoning permit under Sec. 41 is required before any ADU is established, and the appearance of the principal building cannot be significantly altered so it no longer reads as a single-family home.

Violations & Fines

Establishing or occupying an ADU without the required zoning permit, the recorded owner-occupancy agreement, or within the 750-square-foot cap is a violation of Chapter 78. The zoning administrator enforces compliance and can require permit corrections, deny occupancy, or pursue the zoning ordinance's general penalty provisions against a noncompliant ADU.

Frequently Asked Questions

Can I add an accessory dwelling unit to my Milton, Wisconsin home?
Yes. City of Milton Code of Ordinances Sec. 78-03.28(1) allows one ADU per single-family lot, attached or detached, up to 750 square feet. Either the principal home or the ADU must be owner-occupied as a primary residence, and the owner records a restrictive agreement with the city before a zoning permit is issued.
Can I rent out my Milton ADU as a separate unit?
The ADU cannot be sold separately from the principal dwelling, and the owner-occupancy requirement means the property owner must live in either the main house or the ADU. Renting the unit to a tenant is allowed as long as the owner continues to occupy the other dwelling as a primary residence.
Do I need a permit to build an ADU in Milton?
Yes. Sec. 78-03.28(1)(g) requires a zoning permit under Sec. 78-10.41 before any accessory dwelling unit is established, and the zoning administrator must confirm the unit meets the size cap, setback and occupancy requirements first.

Sources & Official References

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

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