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Madison City Zoning Code

§ 195-31

Certain permitted uses.

A. 
Child-care centers.
(1) 
Child-care centers are permitted uses in all nonresidential zones.
(2) 
The floor area occupied in any building or structure as a child care center shall be excluded in calculating:
(a) 
Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder; and
(b) 
The permitted density allowable for that building or structure.
(3) 
New buildings shall comply with Borough parking standards.
B. 
Essential services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, steam and telegraph and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.
C. 
Amusement events. Notwithstanding any other provisions of this chapter, the following uses may be permitted only by the Borough Council:
(1) 
Temporary circuses; pony rides; animal acts; carnivals; bazaars; and educational sports, music or theatrical enterprises and displays when held out of doors in any zone, provided that the same are sponsored by a recreational, religious, charitable, social or services organization located within the Borough of Madison.
(2) 
Cultural or athletic events which are part of a house of worship, community house or school, college or university program and which are held on the premises owned or leased by or otherwise under the control of the institution conducting or sponsoring said program.
(3) 
Bingo, raffles or other legalized games of chance, when properly licensed in accordance with state and municipal requirements.
D. 
Temporary offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction.
E. 
[1] Hours of business operations in certain areas. No retail establishment located in any nonresidential zone, including CBD-1, CBD-2 and CC Zones, that is located within 300 feet of any residential zone shall conduct business between the hours of 11:00 p.m. of each day and 6:00 a.m. of the following day. The distance shall be measured from any property line of the retail establishment to the closest residential zone line.[2]
[Added 6-14-2010 by Ord. No. 34-2010]
[1]
Editor's Note: Former Subsection E, Wireless telecommunications facilities, which immediately followed this subsection, was repealed 3-11-2002 by Ord. No. 9-2002. See now § 195-33B(10).
[2]
Editor's Note: Former Subsection F, regarding medical cannabis dispensaries, which immediately followed, was repealed 1-23-2023 by Ord. No. 2-2023.