City of Madison, Wisconsin | Legislative Information Center
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File #: 68079    Version: Name: Access Dwelling Units to Permitted Use
Type: Ordinance Status: Passed
File created: 10/26/2021 In control: Attorney's Office
On agenda: 12/7/2021 Final action: 12/7/2021
Enactment date: 12/16/2021 Enactment #: ORD-21-00087
Title: SUBSTITUTE - Amending Tables 28C-1, 28D-2 and 28E-2 to change Accessory Dwelling Units (“ADU”) from a conditional use to a permitted use on all districts; Amending Table 28 G-1 to allow ADUs in Agricultural District; Amending MGO 28.151 to change required standards for ADUs; Amending MGO 28.131 to change the maximum area per lot and maximum size of ADUs; Amending MGO 28.211 to clarify the definition of ADUs; Repealing MGO 29.26(1) allowing attached ADUs to be smaller than 500 square feet.
Sponsors: Tag Evers, Grant Foster, Patrick W. Heck, Satya V. Rhodes-Conway, Lindsay Lemmer
Attachments: 1. 68079 Body Version 1.pdf, 2. Staff Memo_ADUs_10-29-21.pdf, 3. Staff Presentation_ADUs_11-8-21.pdf, 4. Public_Comments_11-08-21.pdf, 5. Public_Comments_11-08-21_Post_3PM.pdf, 6. 68079 Version 1.pdf, 7. 68079 Body Substitute.pdf, 8. Public_Comments_11-18-21.pdf, 9. Public_Comment_11-20-21.pdf, 10. Public_Comments_11-22-21.pdf, 11. Written Public Comment #68079.pdf
Fiscal Note
No City appropriation required.
Title
SUBSTITUTE - Amending Tables 28C-1, 28D-2 and 28E-2 to change Accessory Dwelling Units (“ADU”) from a conditional use to a permitted use on all districts; Amending Table 28 G-1 to allow ADUs in Agricultural District; Amending MGO 28.151 to change required standards for ADUs; Amending MGO 28.131 to change the maximum area per lot and maximum size of ADUs; Amending MGO 28.211 to clarify the definition of ADUs; Repealing MGO 29.26(1) allowing attached ADUs to be smaller than 500 square feet.
Body
DRAFTER’S ANALYSIS: Table 28C-1 is amended changing Accessory Dwelling Units (“ADU”) from a conditional use to a permitted use in all Residential Districts, which allows ADU builders to avoid the conditional use permit process if they build within the required standards. Table 28D-2 is amended in the same manner for Mixed-Use and Commercial Districts where single-family detached homes are allowed. Table 28E-2 is also amended changing ADUs from a conditional use to a permitted use in all Downtown Districts where single-family homes are allowed with the same affect. Table 28G-1 is amended to allow ADUs in the Agricultural District where they were previously not allowed. MGO 28.151 is amended changing several required standards, most notably increasing the permitted size of an ADU from 700 square feet to 900 square feet. Additionally, it requires ADUs to contain no more than two (2) bedrooms. MGO 28.151 is amended to remove suggested guidelines for ADUs. MGO 28.131 is edited to remove the maximum area of accessory structures per lot and instead simplifies the maximum size at ground level for all accessory structures on a lot to 1,000 square feet, a change that will increase the allowable size for detached garages at residences. MGO 28.211 is amended to clarify that ADUs do not need to be subordinate in size of height and floor area to the principal building.

This substitute repeals MGO 29.26(1) which would allow attached...

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