Madison City Zoning Code

SUBCHAPTER 28J:

SUPPLEMENTAL REGULATIONS

28.151 - APPLICABILITY.

Supplemental regulations are established to address the unique characteristics of certain land uses. The standards and conditions listed for land uses in this chapter are applicable to both permitted uses and uses permitted by conditional use permit, as specified for each zoning district, unless otherwise noted.

Accessory Buildings and Structures. Shall comply with Sec. 28.131, MGO. (Am. by ORD-17-00024, 2-20-17)

Accessory Dwelling Unit.

(a)

The principal building shall not contain more than eight (8) dwelling units.

(b)

No more than one (1) attached accessory dwelling unit or two (2) detached accessory dwelling units may be located on a zoning lot. The detached dwelling units must be in a single structure. A zoning lot may not have both an attached accessory dwelling unit and detached accessory dwelling unit or units. (Am. by ORD-25-00068, 10-16-25)

(c)

The number of occupants of the accessory dwelling unit shall not exceed one (1) family.

(d)

The accessory dwelling unit shall not be sold separately from the principal building. (Am. by ORD-25-00057, 9-11-25)

(e)

The maximum height of a detached building containing an accessory dwelling unit, including one built above a garage or similar space, shall be twenty-five (25) feet. Height shall be measured as a principal building pursuant to Sec. 28.134(1)(b).

(f)

The maximum size of an accessory dwelling unit contained within a principal building shall be one thousand (1,000) square feet.

(g)

The footprint of an accessory building which includes an accessory dwelling unit shall not exceed one thousand (1,000) square feet.

(h)

The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.

(i)

Accessory dwelling unit entry ways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(j)

For accessory dwelling units constructed within the principal building, the appearance or character of the principal building shall not be significantly altered so that its appearance is no longer that of the principal use(s).

(Am. by ORD-21-00087, 12-15-21; Am. by ORD-23-00013, 1-25-23; Am. by ORD-23-00022, 3-10-23; Am. by ORD-24-00022, 4-26-24; Am. by ORD-25-00011, 3-8-25; ORD-25-00057, 9-11-25)

Accessory Use: General Retail, Service Business, Restaurant, Coffee Shop, Tea House, Office, Professional and General. In the DR2 and UOR Districts, must be accessory to a multi-family residential use or a permitted commercial use, accessible to the public only through a lobby, and shall not exceed three thousand (3,000) square feet of floor area. (Cr. by ORD-13-00007, 1-15-13)

Adult Entertainment Establishment.

(a)

Such establishments shall be licensed as provided in Section 9.05 of these ordinances.

(b)

Exterior windows shall not be covered or made opaque in any way.

(c)

No adult entertainment establishment shall be located within one thousand (1,000) feet of any church, synagogue, temple, mosque or any other place of worship, any lot in a residential district, either in the City of Madison or in a municipality adjacent to the City of Madison; any planned developments which allow residential dwelling units; any public park; any private or public pre-school, elementary, secondary, or vocational school; any public or private playground; any day care center; any public library; any youth recreation area including little league baseball fields, soccer fields, and YMCAs/YWCAs; or any other adult entertainment establishment.

(d)

The distance requirement under subdivision (c) above shall be measured along a straight line from the nearest property line of any church, synagogue, temple, mosque or any other place of worship; any lot in a residential district, either in the City of Madison or in a municipality adjacent to the City of Madison; any planned developments which allow residential dwelling units; any public park; any private or public pre-school, elementary, secondary, or vocational school; any public or private playground; any day care center; any public library; any youth recreation area including little league baseball fields, soccer fields, and YMCAs/YWCAs; or any other adult entertainment establishment or adult entertainment tavern to the closest property line of the adult entertainment establishment.

(e)

No material referenced under the definition of Adult Book or Video Store shall be placed in any exterior window, provided that material which is not so referenced may be placed in a window.

(f)

An adult entertainment establishment may have only one (1) nonflashing business sign, which sign may only indicate the name of the business and identify it as an adult entertainment establishment.

Adult Entertainment Tavern.

(a)

No such establishment shall be located within five hundred (500) lineal feet of a church, synagogue, temple, mosque or any other place of worship; any lot in a residence district, either in the City of Madison or in a municipality adjacent to the City of Madison; any planned developments which allow residential dwelling units; any public park, any private or public pre-school, elementary, secondary, or vocational school; any public or private playground; any day care center; any public library; any youth recreation area including little league baseball fields, soccer fields, and YMCAs/YWCAs; or any tavern, or any other adult entertainment tavern or adult entertainment establishment.

(b)

The distance requirement under subdivision (a) above shall be measured along a straight line from the nearest property line of any church, synagogue, temple, mosque or any other place of worship; any lot in a residence district, either in the City of Madison or in a municipality adjacent to the city of Madison; any planned developments which allow residential dwelling units; any public park; any private or public pre-school, elementary, secondary, or vocational school; any private or public playground; any day care center, any library; any youth recreation area including little league baseball fields, soccer fields, and YMCAs/YWCAs; or any tavern, or any other adult entertainment tavern or adult entertainment establishment to the closest property line of the adult entertainment tavern.

(c)

Said tavern shall acquire and maintain an adult entertainment tavern license pursuant to Sec. 38.11 of these ordinances prior to issuance of an occupancy permit.

Adult Family Home.

(a)

The loss of any state license or permit by an adult family home shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the adult family home

(c)

No new adult family home shall be located within two thousand five hundred (2,500) feet of an adult family home or existing community living arrangement, unless the persons served are disabled under the Fair Housing Amendment Act (FHAA) or the Americans with Disabilities Act (ADA) and are living within the adult family home because of their disability, or unless approved as a conditional use.

(d)

An adult family home may contain a second kitchen for privacy of staff, but such kitchen facilities shall be dismantled and removed when the arrangement is discontinued.

(e)

No conditional use approved under this section shall be transferable to another location or permit-holder.

(Am. by ORD-23-00008, 1-12-23)

Agriculture - Animal Husbandry.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Agriculture - Cultivation.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors.

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Agriculture - Intensive. To calculate number of animal units, use the most current Animal Units Calculation Worksheet of the Department of Natural Resources. This worksheet is used to determine whether an operation will reach or exceed one thousand (1,000) animal units, in which case a WPDES permit is required under Wis. Admin. Code ch. NR 243.

Animal Boarding Facility, Kennel, Animal Shelter.

(a)

Outdoor dog runs or exercise pens shall be located at least two hundred (200) feet from a residential use or district.

(b)

Any outdoor portion of an animal boarding facility, kennel, shelter, or animal daycare shall be screened from view from adjacent property by a solid fence, hedge or similar plant material not to exceed six (6) feet in height.

Animal Day Care. Applicants shall submit at the time of permit application written operating procedures. Such procedures, which shall be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking. (Am. by ORD-19-00047, 7-2-19)

Assisted Living Facility, Congregate Care Facility, Skilled Nursing Facility.

(a)

The yard requirements for multi-family use in the district apply.

(b)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

(Am. by ORD-25-00011, 3-8-25)

ATM.

(a)

In the DC, UMX, LMX, NMX and TSS districts, no more than one ATM may be installed per street frontage on a zoning lot.

(b)

In the DC, UMX, LMX, NMX and TSS districts, ATMs must be integrated into building design. Construction or modifications to accommodate an ATM shall be made in a manner consistent with the overall design of a façade.

(c)

In the DC, UMX, LMX, NMX and TSS districts, no storefront glass shall be removed to accommodate the installation of an ATM, unless the storefront glass is ninety- (90) degrees perpendicular to the sidewalk, and the ATM is being installed in an existing alcove.

(d)

In the DC, UMX, LMX, NMX and TSS districts, the exterior face, including any cabinet or casing, of an ATM shall not exceed eight (8) square feet in size.

(Cr. by ORD-13-00147, 9-11-13)

Automobile Body Shop, Automobile Sales and Rental, Automobile Service Station, Automobile Repair Station, Convenience Store.

(a)

All automobile servicing and repair activities shall be carried on within an enclosed building.

(b)

No automobile servicing and repair activities may take place between the hours of 7:00 p.m. and 7:00 a.m. unless all of the building's windows and doors are closed.

(c)

A convenience store shall not be located within one thousand nine hundred eighty (1,980) feet distance of three (3) or more existing convenience stores, as measured along the center lines of streets.

(d)

The following activities and equipment are allowed outside if located within the rear yard and building envelope, and at least fifty (50) feet from a residential zoning district:

Storage of vehicle parts and refuse.

Temporary storage of vehicles during repair and pending delivery to the customer.

Vacuuming and cleaning.

(e)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not allowed for a period exceeding ten (10) days during any thirty (30) day period.

(f)

No building, structure, canopy, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential zoning district. In the NMX, DC, UMX and TSS Districts, this requirement may be modified as part of the conditional use approval so that pump islands are located in front of the building if provides more effective circulation, aesthetics or buffering of neighboring uses.

(Am. by ORD-13-00088, 5-29-13; ORD-17-00021, 2-20-17; Am. by ORD-24-00001, 1-17-24)

(g)

(Rep. by ORD-24-00001, 1-17-24)

(h)

(Rep. by ORD-15-00026, 3-11-15)

(Cr. by ORD-14-00037, 3-6-14)

Bed and Breakfast Establishment.

(a)

A maximum of eight (8) rooms shall be rented.

(b)

The establishment shall have a current license from Public Health Madison and Dane County.

(c)

The only meal that may be served is breakfast to registered guests.

(d)

Fire protection shall be approved by the Fire Department, and may be more restrictive than State requirements.

(e)

Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest.

(f)

No more than twenty (20) tourists or transients shall be allowed to rent at one time.

(g)

The owner of the residence shall occupy the residence at the time of rental.

(Am. by ORD-13-00146, 9-11-13; ORD-13-00185, 11-5-13; ORD-15-00009, 1-28-15)

Bicycle-Sharing Facility. Shall meet all requirements of Sec. 10.33, MGO.

Brewpub.

(a)

Maximum capacity to be established by the Director of Building Inspection Division, not to exceed the number of available seats, plus staff, plus a reasonable number of people waiting for seats.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-25-00042, 6-27-25)

Buildings or Structures Exceeding Ten Thousand (10,000) Square Feet in Floor Area.

(a)

In any residential district, building floor area, bulk, height and massing may be limited as part of the conditional use approval in order to ensure compatibility with surrounding uses.

(b)

In any residential district, an appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

Caretaker's Dwelling.

(a)

Shall be accessory only to a non-residential use.

(b)

Shall meet all dimensional requirements of the district.

Car Wash.

(a)

The car wash shall be completely enclosed when not in operation.

(b)

Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.

(c)

Any car wash line exit shall be at least thirty (30) feet from any street line.

(d)

The car wash shall be screened along all property lines with a minimum six-foot high (6) masonry or decorative wood fence. Along any property line that abuts a residential zoning district, an additional planted area shall be provided, with a minimum width of eight feet and planted with a minimum of one shade tree per fifty (50) linear feet and one shrub per four (4) linear feet.

(e)

Sound from any speakers used on the premises shall not be audible at the boundary of any surrounding residential district or on any residential property.

(f)

Water from the carwash shall not drain across any sidewalk or into a public right-of-way.

(g)

Vacuuming and cleaning are allowed outside if located within the rear yard and/or building envelope, and at least fifty (50) feet from a residential zoning district. (Am. by ORD-21-00021, 3-15-21)

Clear-Cutting of Timber. The applicant shall demonstrate that clear-cutting will improve the level of environmental protection on the subject property or is unavoidable due to grading or other development requirements. Clear-cut areas shall be replanted; replanting may occur in any location on the property.

Clinic-Health.

(a)

In the IL Districts, Clinic-Health uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Cohousing Community.

(a)

Any housing type that is a conditional use within the zoning district may be located in a cohousing community with conditional use approval.

(b)

Any use allowed within the zoning district may be located in a cohousing community.

(c)

Lot area requirements may be combined and shared among cohousing units with conditional use approval provided that the overall density remains consistent with minimum lot area standards.

(Am. by ORD-25-00011, 3-8-25)

Community Event.

(a)

There shall be no alteration to the site or alteration of any permanent structure.

(b)

No event shall last more than one-hundred eighty (180) days per calendar year.

(c)

An event lasting more than forty-five (45) consecutive days or occurring more than twenty-six (26) days in a calendar year shall require a conditional use permit.

(d)

All events shall require temporary use permit.

(Cr. by ORD-13-00054, 4-24-13)

Community Living Arrangement (CLA) Serving up to Eight (8) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

No new community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement, except as provided under (e) below or unless approved as a conditional use.

(d)

The total capacity of all CLAs within an alder district shall not exceed twenty-five (25) persons or one percent (1%) of the population, whichever is greater, of such district, except as provided under (e) below, or unless approved as a conditional use.

(e)

No separation distance is required and the district percentage specified above does not apply if the persons served are disabled or handicapped under the Fair Housing Amendment Act (FHAA) or the Americans with Disabilities Act (ADA) and are living within the CLA because of their disability or handicap.

(f)

No conditional use permit under this section shall be transferable to another location or person.

Community Living Arrangement (CLA) Serving Nine to Fifteen (9-15) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

No new community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement, unless approved as a conditional use.

(d)

The total capacity of all CLAs within an alder district shall not exceed twenty-five (25) persons or one percent (1%) of the population, whichever is greater, of such district, unless approved as a conditional use.

(e)

All CLAs in the SR-C1, SR-C2, SR-C3, TR-CI, TR-C2, TR-C3, and TR-R districts require conditional use approval, regardless of the distance from other CLAs or the density of CLAs within the alder district. (Am. by ORD-15-00081, 8-12-15)

(f)

No conditional use permit under this section shall be transferable to another location or person.

(g)

The bulk requirements for multi-family uses in the district apply. For purposes of calculating bulk requirements, one (1) bedroom is equal to one (1) lodging room and five (5) lodging rooms is equal to one (1) dwelling unit. If the number of lodging rooms is not divisible by five (5), round up to the nearest dwelling unit for the purpose of determining bulk requirements. For example, six (6) lodging rooms equals two (2) dwelling units. (Cr. by ORD-16-0049, 5-25-16)

Community Living Arrangement (CLA) Serving More Than 15 Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the community living arrangement.

(c)

No community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement.

(d)

The total capacity of all CLAs within an alder district shall not exceed twenty-five (25) persons or one percent (1%) of the population, whichever is greater, of such district.

(e)

All CLAs serving more than fifteen (15) residents require conditional use approval, regardless of the distance from other CLAs or the density of CLAs within the alder district.

(f)

No conditional use permit under this section shall be transferable to another location or person.

(Am. by ORD-15-00081, 8-12-15)

(g)

Concrete, Asphalt, and Rock Crushing Facilities.

(a)

All building, structures, and activity areas shall be located a minimum of three hundred (300) feet from all property lines of the site.

(b)

A site and vicinity plan shall be submitted with an application and shall contain the following:

A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the site.

A description of the proposal including type and amount of material to be removed, overview of planned daily operations including equipment and vehicles, and a discussion of how the proposed activities compare to land uses within one thousand (1000) feet of the site.

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water, and air contamination.

(c)

A dust management plan shall be submitted with an application. This plan shall require access drives and roads within the site to be sprayed with dust suppressants as needed to control fugitive dust. Access drives also shall be cleaned at appropriated intervals consistent with City standards, or as otherwise determined by conditional use approval.

(d)

A sound attenuation plan shall be submitted with an application and shall describe the sources of sound and compliance with applicable sound and noise regulation.

(e)

A vibration-dampening plan shall be submitted with an application showing compliance with all applicable vibration regulations.

(f)

A drainage plan for storm water management and runoff shall be submitted with an application.

(g)

A traffic plan shall be submitted with an application describing the number of daily truck trips anticipated by the use. It also shall identify the principal access route(s) to the facility and its traffic impact on the surrounding area.

(h)

A site restoration plan shall be submitted with an application and shall include detailed grading and revegetation plans, as well as a timetable for such restoration.

(i)

A schedule of hours of operation shall be submitted with an application.

Contractor's Business With Showroom or Workshop. All activities shall be carried out in an enclosed space.

Contractor's Yard. In the TE district, outdoor storage shall be located to the rear of the principal building. In all districts, outdoor storage shall be screened from abutting residential uses with a building wall or solid, commercial-grade fencing, wall, evergreen hedge, or equivalent material. All screening shall be at least six (6) feet in height and no more than seven (7) feet in height. Screening along district boundaries, where present, may provide all or part of the required screening.

Convent, Monastery, Similar Residential Group.

(a)

The use shall be accessory to a place of worship. The use may be located on a separate zoning lot where separated by a public right-of-way from the primary use.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

Where the principal use is a conditional use, an appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(Am. by ORD-25-00011, 3-8-25)

Correctional Facility. Within the Conservancy District, a correctional facility shall be located at least three hundred (300) feet from any residentially-zoned property.

Day Care Center.

(a)

The loss of any state license or permit by a day care center shall result in automatic revocation of that facility's use permit.

(b)

A designated area for the short-term parking of vehicles engaged in loading and unloading children shall be provided. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk.

(c)

Where the use is conditional, an appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

Day Care Home, Family.

(a)

The family day care home shall be the principal place of residence of the provider, as defined in Wis. Admin. Code ch. DCF 250.

(b)

Conditional use approval is required if the licensee, as defined in Wis. Admin Code ch. DCF 250, does not reside at, or have its principal place of business at, the family day care home.

(c)

No more than two employees who do not reside in the dwelling are permitted.

(Am. by ORD-14-00015, 1-29-14)

Daytime Shelter.

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The hours of operation shall be limited to 6:30 a.m. to 6 p.m., unless modified under conditional use approval.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms, hours of operation, staffing, management structure, and capacity.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Cr. by ORD-14-00115, 7-11-14)

Dormitory.

(a)

The use shall be within one-quarter (¼) mile of the campus of the institution it serves, unless another location is established in a campus master plan or conditional use approval.

(b)

The yard requirements for multiple-family use in the district apply when the use is not located on a campus.

(c)

On-site services shall be for residents of the facility only.

(d)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, to the extent practical. An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(e)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Drive-Through Windows.

(a)

In CC-T, RMX, TE, DC, and UMX Districts drive-through windows shall be located to the side of or rear of buildings or fully under an occupiable conditioned story, and shall not be located between the principal structure and a public street.

(b)

In the TSS District, drive-through windows shall be fully located under an occupiable conditioned story, and the building shall have commercial or residential uses along the primary street frontage.

(c)

Drive-through windows shall be at least sixty (60) feet from the closest point of any residentially zoned property or property with a residential building.

(d)

The location of points of vehicular ingress and egress shall be as required by Traffic Engineering.

(e)

Plans for onsite circulation and driveway locations shall be reviewed where conditional use approval is required. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Adequate queuing lane space shall be provided without interfering with onsite parking/circulation.

(f)

Speaker box sounds from the drive-through lane shall not be plainly audible so as to unreasonably disturb the peace and quiet of abutting residential property.

(g)

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

(h)

Bicyclist use of sales and service windows shall not be prohibited.

(i)

Pedestrian access to the establishment must also be provided.

(Am. by ORD-24-00033, 6-3-24)

Dwelling Units in Mixed-Use Buildings.

(a)

In the LMX, NMX, TSS and CC-T Districts, at least fifty percent (50%) of the ground-floor frontage facing the primary street, including all frontage at a street corner, shall be non-residential. Less non-residential frontage requires conditional use approval.

(b)

Residential use shall be limited on the ground floor of buildings on King Street; South Pinckney Street; State Street; the 10 through 500 blocks of East Wilson Street; the 100 blocks of West and East Mifflin Streets; the 100 blocks of West and East Main Streets; and on the Capitol Square, which is formed by the 10 blocks of East and West Mifflin, the 10 blocks of North and South Pinckney, the 10 blocks of East and West Main, and the 10 blocks of North and South Carroll Streets. Residential use is prohibited within the following areas:

The area of the lot abutting street frontages in Sub. (f) above, the lesser of a depth of forty feet (40') or forty percent (40%) of the depth of the lot as measured along these frontages.

(c)

In residential districts, allowed uses are those specifically included and identified as permitted and conditional uses in the district use tables. The bulk requirements for the multi-family use in the district apply. (Cr. by ORD-22-00106, 10-21-22)

(Am. by ORD-13-00135, 8-14-13; Am. by ORD-21-00044, 6-14-21; Am. by ORD-22-00024, 4-7-22; Am. by ORD-23-00013, 1-25-23)

Electric Power Production and/or heating and cooling plant. When allowed as a P/C in any district, Electric Power Production and/or heating and cooling plants for which solar is the energy source are permitted uses. (Cr. by ORD-20-00059, 6-29-20)

Electric Substations, Gas Regulator Stations. A landscape plan for these uses shall be approved by the Director of Planning and Community and Economic Development where those uses are permitted and by the Plan Commission when conditional use approval is required.

Emergency Electric Generator.

(a)

The electric output shall not exceed three thousand (3,000) kilowatts and the generator shall be operated a maximum of two hundred (200) hours per year.

(b)

The generator shall be located and screened to reduce its visual impact when viewed from neighboring property and to be compatible with neighboring structures and the character of the community. Screening materials, landscaping, or fencing shall be similar in appearance to those used for the principal structure on the zoning lot.

(Am. by ORD-16-00093, 11-9-16)

Farmers Market.

(a)

Within the NMX, DC and UMX Districts, a farmer's market with more than fifteen (15) vendor stalls requires conditional use approval.

(b)

Within any district, a permanent facility established after the effective date of this ordinance shall have vehicular access to a collector or higher classification street.

(c)

Within any residential district, a farmer's market shall be accessory to a non-residential use and located in the parking facility of such use.

(d)

In the EC, IG, and IL Districts, a farmer's market shall only be an accessory use.

(Am. by ORD-24-00018, 3-20-24)

Food and Beverage Uses. (R. by ORD-14-00132, 8-13-14)

Free-Standing Vending.

(a)

In all districts, free-standing vending is prohibited if located on zoning lots that contain residential uses.

(b)

In residential districts, including the DR1 and DR2 districts, free-standing vending requires conditional use approval.

(c)

In non-residential districts, free-standing vending is a permitted use if it is located more than two hundred (200) feet from the property line of a lot with a residential use and is a conditional use if located two hundred (200) feet or less from the property line of a lot with a residential use.

(d)

Hours of operations shall be between the hours of 7:30 a.m. and 11:30 p.m., including set up and take down. No part of the operator's free-standing vending equipment or operation may remain on the property outside the hours of operation.

(e)

No free-standing vending operation may be located within twenty-five (25) feet of a restaurant or restaurant-tavern, unless the food and beverage business is located on the same property as the proposed vending and the business has approved the vending.

(f)

Operators of free-standing vending operations shall provide the Zoning Administrator with a letter of permission from the owner of the property giving permission to conduct free-standing vending operations on the property.

(g)

Operators of free-standing vending operations must obtain an approved site plan from the City showing the location of the vending operation on the property in relation to existing surface parking lots, streets, driveways, and public rights of way.

(h)

Operators of free-standing vending operations shall obtain and maintain all applicable food and/or beverage licenses for their operation as determined to be required by Public Health-Madison and Dane County.

(i)

Any person vending pursuant to this ordinance either as an operator or employee of the operator shall maintain license(s) as required by Sec. 9.13(1) and (3)(j), MGO. When vending on private property pursuant to this ordinance, operators of free-standing vending operations shall follow the requirements in Sec. 9.13(4)(a), (b), (j), (p), (s), and (v).

(Cr. by ORD-18-00068, 7-19-18; Am. by ORD-24-00018, 3-20-24)

Garden Center, Greenhouse, Nursery.

(a)

In the NMX, TSS and MXC Districts, there shall be no exterior storage of bulk materials such as dirt, sand, gravel and building materials.

(b)

In all other districts bulk materials shall not be stored within the front yard setback and shall meet standards for outdoor storage and display.

General Retail.

(a)

Except as allowed in (b), in the TE and SE Districts, general retail uses shall not exceed five thousand (5,000) square feet in floor area.

(b)

Within employment districts, general retail uses shall not exceed ten thousand (10,000) square feet in floor area, unless such uses are part of a planned multi-use site.

Golf Course. Club houses and maintenance buildings shall be located a minimum of three hundred (300) feet from any residentially-zoned property.

Handgun Shop.

(a)

Shop shall be located in a building constructed of concrete or masonry walls.

(b)

No handgun shop shall be located within one thousand (1000) feet of any church, synagogue, temple, mosque or other place of worship; a lot in a residence district, either in the City of Madison or in a municipality adjacent to the City of Madison; a Planned Mobile Home Park District, Planned Development District with dwelling units; a public or private playground; a day care center; a public library, a youth recreation area, including little league baseball fields, soccer fields or YMCA/YWCA.

(c)

No handgun shop shall be located in the same building where alcohol beverages are sold.

(d)

No handgun shop shall be located in the same building where any patron thereof under the age of eighteen (18) years may enter, unless accompanied by a parent, guardian or adult spouse eighteen (18) years of age or over.

Health/Sports Club, Fitness Center or Studio. When allowed in the SR-V2, TR-V2, TR-U1, TR-U2 and TR-P districts, the Health/Sports Club, Fitness Center or Studio may not display exterior signage. The use shall be incidental to a multi-family residential use or lodging house use and shall not exceed three thousand (3,000) square feet of floor area. (Cr. by ORD-18-00048, § 2, 5-14-18)

Home Occupation.

(a)

The occupation shall be conducted within a dwelling and not in an accessory building, unless authorized by the Plan Commission as a conditional use.

(b)

The occupation shall be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes so as to protect the integrity and residential character of neighborhoods.

(c)

Only members of the immediate family residing on the premises or occupants of the dwelling may be employed, unless authorized by the Plan Commission as a conditional use.

(d)

A home occupation may include small offices, service establishments or homecrafts which are typically considered accessory to a dwelling unit.

(e)

A home occupation shall not involve on-site wholesaling, manufacturing or assembly, a limousine, towing or cartage business or auto service or repair for any vehicles other than those registered to residents of the property.

(f)

No mechanical equipment shall be used except that which is used for purely domestic or household purposes, unless authorized by the plan commission as a conditional use.

(g)

No products shall be kept or commodities sold, other than those made on the premises, unless authorized by the plan commission as a conditional use.

(h)

Samples may be kept but not sold on the premises.

(i)

No more than twenty-five percent (25%) of the floor area of one story of the dwelling may devoted to such home occupation.

(j)

The entrance to the space devoted to the home occupation shall be from within the building.

(k)

No structural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation.

(l)

The only exterior indication of the home occupation shall be a non-illuminated nameplate a maximum of two (2) square feet in area.

(m)

A home occupation of an individual with a disability, who is incapable of employment outside the home by reason of significant physical or mental disability, as verified by a signed physician statement verifying the disability, is exempt from the requirements of subparagraphs (g) through (k).

Hospital.

(a)

The facility shall have vehicular access to a collector or higher classification street.

(b)

(c)

The boundaries of the institution shall be as defined in the conditional use permit or Master Plan. The institution that is defined by the boundaries shall be a minimum of three (3) acres.

Hotel, Motel. A maximum of fifty percent (50%) of rooming units may be occupied by non-transient guests for thirty (30) consecutive days or more. (Cr. by ORD-25-00023, 4-24-25)

Housing Cooperative.

(a)

Housing Cooperatives established within single-family dwellings shall have an occupancy of no more than 2 times the number of legal bedrooms prior to conversion, provided that any occupancy greater than 10 persons requires conditional use approval.

(b)

In all Districts where Housing Cooperatives are allowed, lodging houses and buildings with more than one (1) dwelling unit may be converted for use as a Housing Cooperative with an occupancy of no more than two (2) times the number legal bedrooms prior to conversion provided that any occupancy greater than two (2) times the number of legal bedrooms or 30 persons requires conditional use approval.

(c)

When Housing Cooperatives are established within single-family dwellings, the single-family appearance and function of the building shall not be altered through the addition of entrances or kitchens.

(d)

When lodging houses or two family, three family and multi-family dwellings are converted for use as a Housing Cooperative, the corresponding bulk requirements for lodging house, two family, three family and multi-family dwellings in the district apply. For purposes of calculating bulk requirements, five (5) bedrooms is equal to one (1) dwelling unit. If the number of bedrooms is not divisible by five (5), round up to the nearest dwelling unit for the purpose of determining bulk requirements. For example, six (6) lodging rooms equals two (2) dwelling units.

(Am. by ORD-14-00085, 5-7-14; Am. by ORD-16-00049, 5-25-16; Am. by ORD-21-0008, 2-10-21; Rpld./Created by ORD-21-00012, 2-10-21)

Indoor Recreation. In the NMX and TSS Districts, the facility shall be located at least fifty (50) feet from the boundary of any residential use or district.

Junkyard. This use is retroactive to January 1, 1994.

Keeping of Chickens.

(a)

Keeping of up to eight (8) chickens is allowed as an accessory use on lots with up to four (4) dwelling units. (Am. by ORD-23-00048, 3-30-23)

(b)

Keeping of up to eight (8) chickens is allowed as an accessory use to a museum, school, day care center, or recreation, community or neighborhood center. (Am. by ORD-16-00074, 9-15-16; Am. by ORD-21-00020, 3-15-21; Am. by ORD-23-00048, 3-30-23)

(c)

Keeping of roosters is prohibited.

(d)

Slaughter of chickens is prohibited on site.

(e)

The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.

(f)

The enclosure shall be located at least twenty-five (25) feet from any residential structure on an adjacent lot.

(g)

The owner, operator or tenant must obtain a license under Sec. 9.52, MGO.

(h)

The applicant for the license must notify all residents of the property and the owner or operator of the property if the applicant is not the owner or operator. Notification is not required for renewal of a license.

Keeping of Honeybees.

(a)

Except as provided in sub. (i) below, no more than six (6) hives may be located on a zoning lot.

(b)

No hive shall exceed twenty (20) cubic feet in volume.

(c)

No hive shall be located closer than three (3) feet from any property line.

(d)

No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an adjoining lot.

(e)

A constant supply of water shall be provided for all hives.

(f)

A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof, and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.

(g)

The owner, operator or tenant shall obtain a license under Sec. 9.53, MGO.

(h)

The applicant for the license shall notify all residents of the property and the owner or operator of the property if the applicant is not the owner or operator. Notification is not required for renewal of a license.

(i)

In the Employment and Special Use Districts, no more than six (6) hives may be located on a lot unless a principal use on the lot is for the keeping of honeybees.

(Am. by ORD-15-00080, 8-12-15)

Laboratories - Research, Development and Testing. No manufacturing shall be conducted on the premises except for experimental or testing purposes.

Land and Water Preserves. Activities are limited to the following:

(a)

Arboretums, environmental education centers.

(b)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

(c)

Fishing and trapping.

(d)

Boating and swimming.

(e)

Raising of fish and game animals.

(f)

Similar low-impact educational and recreational activities as determined by the Zoning Administrator.

(g)

Sustained forestry yield.

Lease of Off-Street Parking Facilities Accessory to a Nonresidential Use to Persons Not Using the Principal Use:

(a)

The parking facilities shall meet the standards of this Chapter 28 and Chapter 10 of the Madison General Ordinances.

(b)

A certificate of occupancy shall be issued by the office of the Director of the Building Inspection Division prior to commencing the rental.

Lease of Off-Street Parking Facilities Accessory to a Residential Use to Non-Tenants.

(a)

The lessee shall reside within a block, all or a portion of which is within fifteen hundred (1500) feet of the parking facility.

(b)

Occupants of the principal use shall have first right of refusal for the parking facilities.

(c)

The lessee shall provide the owner of the facility documentation establishing their place of residence.

(d)

All new parking facilities shall comply with City standards for design, paving, and screening.

(Am. by ORD-25-00011, 3-8-25)

Library, Museum. A library or museum established after the effective date of this ordinance within a predominantly residential area shall have vehicular access to a collector or higher classification street.

Limited Production and Processing. All such uses shall be compatible with adjacent nonindustrial uses and be accompanied by a retail component. Any change in the use, either through changing the product being produced or the intensity with which the product is produced and processed, requires a conditional use alteration pursuant to Sec. 28.183(8). (Am. by ORD-15-00124, 11-11-15; Am. by ORD-17-00082, 9-13-17)

Limited Retail Use of a Landmark Site or Building. A designated landmark site or building may be used for general retail, office use, or service business not exceeding five thousand (5,000) square feet in floor area, provided that:

(a)

The owner of the property agrees to maintain the architectural and historical integrity and significance of said landmark or landmark site during the tenure of such conditional use;

Live/Work Unit.

(a)

The work space component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

(b)

The dwelling unit component shall be located above, alongside or behind the work space, and maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street. (Am. by ORD-20-00108, 12-3-20)

(c)

The office or business component of the unit shall not exceed fifty percent (50%) of the total floor area of the unit. (Am. by ORD-15-00033, 4-8-15)

(d)

The business component of the building may include offices, small service establishments, homecrafts which are typically considered accessory to a dwelling unit, or limited retailing associated with fine arts, crafts, or personal services. The business component shall be limited to those uses otherwise permitted in the district which do not require a separation from residentially zoned or occupied property, or other protected use. It shall not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property.

(e)

In the TE District, new residential uses, whether in new or existing buildings shall not be located where potential nuisances exist, including but not limited to: excessive vibration, dust, noise, light, glare, smoke, odor, or truck traffic.

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(Am. by ORD-13-00007, 1-15-13)

Lodge, Private Club, Reception Hall. May include the service of food and alcohol. (Am. by ORD-25-00042, 6-27-25)

Lodging House, Fraternity or Sorority.

(a)

The bulk requirements for multi-family use in the district apply. For purposes of calculating bulk requirements, one (1) bedroom is equal to one (1) lodging room and five (5) lodging rooms is equal to one (1) dwelling unit. If the number of lodging rooms is not divisible by five (5), round up to the nearest dwelling unit for the purpose of determining bulk requirements. For example, six (6) lodging rooms equals two (2) dwelling units. (Am. by ORD-16-00049, 5-25-16)

(b)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(c)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Management Office, Restaurant, Limited Retail or Recreation Facilities Within a Multi-Family Building (Within Residential Districts).

(a)

The use shall primarily serve building residents rather than the general public.

(b)

Access to the use shall be from within the building.

(c)

Size of the establishment may be limited as part of the conditional use approval.

Market Garden.

(a)

Submission of a Management Plan to the Zoning Administrator, Alderperson of the district where the garden is located, Public Health Madison and Dane County, and any neighborhood and/or business association that serves the area where the garden is located for the following activities as part of a market garden:

Animal husbandry.

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Spreading of manure.

Application of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment such as tractors.

(Am. by ORD-15-00009, 1-28-15)

Mission Box (Accessory).

(a)

The Mission Box shall be accessory to an established principal use.

(b)

The Mission Box shall be no greater in size than sixty (60) inches wide, twenty-four (24) inches deep, and seventy-two (72) inches tall.

(c)

The Mission Box shall be secure to the ground with posts, anchoring or ballasting, in order to prevent tipping because of wind or snow.

(d)

The Mission Box shall not block, interfere, or impede the right-of-way, including that any doors to the Mission Box may not, when open, project into the right-of-way.

(e)

The Mission Box may not be operated in a manner that requires or facilitates the exchange of money or other forms of payment for items contained in the Mission Box.

(f)

All items provided for free to the public must be contained inside the Mission Box.

(g)

The Mission Box shall comply with all other applicable City of Madison ordinances and regulations, including the sign code, traffic engineering vision triangle requirements, and property maintenance requirements.

(Cr. by ORD-22-00107, 10-21-22)

Mission Camp.

(a)

The use shall be operated by a religious institution, nonprofit organization, or a governmental entity.

(b)

The Mission Camp use shall be permitted if owned, operated, or funded by the City of Madison. Conditional use approval is required for Mission Camp uses owned, operated, or funded by entities other than the City of Madison.

(c)

An appropriate transition area between the use and adjacent property may be required.

(d)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a zoning certificate:

Required management plan contents: contact information for the owner or operator of the campground, site plan showing tent or portable shelter unit locations, roads and/or paths, accessory buildings, parking, bicycle parking, storage of belongings, trash storage/removal, transportation support, and a severe weather plan.

Recommended management plan contents: contact information for individuals living at the campground.

(e)

Any changes to the Management Plan must be filed with the Zoning Administrator.

(f)

Open, recreational and warming fires are prohibited. Cooking fires contained in manufactured cooking devices, such as a grill or hibachi, are permitted.

(g)

The owner or operator shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79, if applicable.

(Cr. by ORD-21-00060, 9-13-21)

Mission House (Accessory).

(a)

The use shall be accessory to a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

Where the principal use is conditional, an appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Am. by ORD-14-00115, 7-11-14)

Mission House (Principal Use).

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(e)

In the CC and CC-T District, mission house is a permitted use if it is funded by the City of Madison and if the operator has an executed contract for service delivery with the City of Madison. (Am. by ORD-20-00107, 12-3-20)

(Cr. by ORD-14-00115, 7-11-14)

Mobile Grocery Store.

(a)

The vehicle must be owned and operated by a non-profit entity.

(b)

There is a principal use on the zoning lot.

(c)

The vehicle location on the zoning lot shall be approved by the Director of Traffic Engineering and the Zoning Administrator. (Am. by ORD-23-00098, 10-26-23)

(d)

A waiver or modification of the off-street parking requirements for the principal use on the zoning lot has been obtained.

(e)

Hours of operation shall be between 7:00 a.m. and 8:00 p.m.

Motor Vehicle Salvage Yard, Scrap Yard.

(a)

Vehicle salvage uses shall be located on sites which are suitable from a topographic standpoint, so that views at the ground elevation up to a point four hundred (400) horizontal feet away will be adequately screened with fences and buffer areas surrounding the use.

(b)

All material not stored in a completely enclosed building shall be enclosed with a solid fence which is six (6) to ten (10) feet high and located on or inward from the established setback lines.

(c)

No materials shall be placed on the property that would exceed a height equal to the vertical plane extending from the top of the approved fence.

(d)

Hours of outside activity shall be limited to 7:00 a.m. until 8:00 p.m. and shall follow the City's noise regulations.

Multi-Family Dwelling.

(a)

In the TE District, new residential uses, whether in new or existing buildings, shall not be located where potential nuisances exist, including but not limited to: excessive vibration, dust, noise, light, glare, smoke, odor, or truck traffic.

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(c)

Reserved. (Rpld by ORD-21-00044, 6-14-21)

(d)

The area of the lot abutting street frontages in Sub. (d) above, the lesser of a depth of 40' or 40% of the depth of the lot as measured along these frontages. (Cr. by ORD-13-00135, 8-14-13; Am. by ORD-22-00024, 4-7-22)

Non-Accessory Temporary Outdoor Events.

(a)

All such events shall be related to events at Camp Randall Stadium.

(b)

Only food and beverages may be offered for sale to the public.

(c)

Live amplified music is allowed.

(d)

The Plan Commission may waive or modify the offstreet parking requirements for the principal use and the non-accessory use.

(e)

No such event established in the TSS district after January 3, 2013 shall be located within fifty (50) feet of a residential district. (Am. by ORD-13-00096, 1-3-13; Am. by ORD-18-00125, 12-14-18)

Nonmetallic Mining.

(a)

A nonmetallic mining operator may not process or extract nonmetallic minerals within one hundred (100) feet of the boundaries of a nonmetallic mining site, unless a boundary abuts a freeway, rail corridor, or property zoned for industrial use, in which case a nonmetallic mining operator may not process or extract materials within fifty (50) feet of such boundaries.

(b)

In order to minimize tracking of materials from the nonmetallic mining site onto adjacent public roads, the access drive to any nonmetallic mining site shall be created with concrete or hot-mix asphalt for at least 100 feet unless a shorter distance is approved by the City Engineer. The nonmetallic mining operator shall maintain any access drive in a dust-free manner and shall remove any dust or mud tracked from adjacent public roads as required by Chapter 3, MGO.

(c)

A nonmetallic mining site shall be accessed only through designated entrances as illustrated on plans approved by the Director of Traffic Engineering. (Am. by ORD-23-00098, 10-26-23)

(d)

All trucks traveling to or from a nonmetallic mining site shall use haul routes designated by the Director of Traffic Engineering. Any restrictions on the routes shall be no more restrictive than those applicable to other trucks or carriers using the same routes. (Am. by ORD-23-00098, 10-26-23)

(e)

Security gates on the access points to a nonmetallic mining site shall have no trespassing signs.

(f)

A safety fence shall be installed around the entire boundary of the nonmetallic mining site unless an area of the nonmetallic mining site has already been reclaimed in compliance with Chapters 21 and 37, MGO, and Wis. Admin. Code ch. NR 135.

(g)

A nonmetallic mining operator shall use spray bars for water in the crushing process to reduce dust. The use of spray bars is not required when the temperature is below freezing. The nonmetallic mining operator shall spray private access roads within the nonmetallic mining site with water as necessary to control dust.

(h)

All trucks and excavating equipment used on a nonmetallic mining site shall have functioning muffler systems that meet or exceed current industry standards for noise abatement and shall not use compression brakes.

(i)

Any erosion control or stormwater management plan required under state law shall be provided to the City Engineer, as well as any erosion control and/or stormwater management permit and plan that may be required by Chapter 37, MGO.

(j)

A nonmetallic mining operator shall provide evidence of commercial general liability insurance in the amount of at least five million dollars ($5,000,000) per occurrence, which may be made up by carry a one million ($1,000,000) commercial general liability policy and four million ($4,000,000) umbrella policy. These policies shall name the City of Madison, its officers, officials, agents and employees as additional insureds, and apply on a primary and non-contributory basis.

(k)

A nonmetallic mining operator shall comply with all Wisconsin Department of Natural Resources and Federal Mine Safety and Health Administration Standards for particulate emissions as further described in Wis. Admin. Code § NR 415.075 and § NR 415.076.

(l)

A nonmetallic mining site shall be available for inspection by City staff with at least forty-eight (48) hours prior written notice. However, in the event the City has probable cause to believe that a violation of this ordinance has occurred or is occurring, an inspection may occur at other times upon reasonable advance notice to the nonmetallic mining operator. All inspections require an escort by the nonmetallic mining operator in accordance with Mine Safety and Health Administration laws, rules and regulations.

(m)

A nonmetallic mining operator shall conduct at least one public meeting each year between January 4 and February 15 for the purpose of fostering communication between the nonmetallic mining operator, its neighboring residents, and the City. The nonmetallic mining operator shall provide Class I notice of the date, time, and place of the meeting to the owners of property located within five hundred (500) feet of the boundaries of the nonmetallic mineral extraction district. The nonmetallic mining operator shall also provide notice in writing to the City Engineer and City Zoning Administrator inviting City staff to attend the public meeting.

(n)

A nonmetallic mining operator shall maintain a compliance phone number and email address for neighboring residents to report any problems or concerns.

(o)

A nonmetallic mining operator shall maintain on file with the City Engineer a Site/Operations Plan drawn to measurable scale large enough to show:

Zoning district boundaries for the nonmetallic mineral extraction district.

Existing contour lines.

Existing natural features including lakes, perennial/navigable streams, intermittent streams, floodplains, wetlands, drainage patters, and archaeological features.

Existing roads, driveways, and utilities.

Specific location of proposed extraction area, staging area, equipment storage.

Location of driveways.

Phasing plan, if applicable.

Location of permanent structures, including scales, offices, or mixing plants.

Location of signage.

(p)

A nonmetallic mining operator shall submit an annual mining report on or before March 1 of each year to the City Engineer detailing:

All nonmetallic mining and recycling activity occurring on the property in the previous year, including the number of acres being actively mined and officially reclaimed, and the frequency and location of blasting.

The number and nature of complaints received during the previous year and the operator's response to those complaints.

The efforts made in the previous year to improve blasting techniques and other nonmetallic mining activities in order to minimize adverse impacts on surrounding roads and properties.

Nonmetallic mining plans for the upcoming year, including the number of acres that may be converted from inactive to active mining use, the number of acres that may be officially reclaimed, the anticipated frequency and location of blasting, and whether any mining activities will result in excavation below the water table.

A statement that the Site/Operations Plan required in sub. (o) above and currently on file with the City Engineer is current and accurately represents the nonmetallic mining site as of the date of filing the annual report.

(q)

Blasting at a nonmetallic mine may be allowed only upon conditional use approval by the Plan Commission subject to the following conditions and any additional conditions required by the Plan Commission, provided that any additional conditions may not impose restrictions or regulations pertaining to blasting that are more stringent than those set by the State in Wis. Admin. Code chs. SPS 307 and 308:

The nonmetallic mining operator shall all times meet the blasting requirements contained in Wis. Stat. § 101.15, Wis. Admin. Code chs. SPS 307 and 308, the National Fire Protection Association (NFPA) 495 chapter 10, Sec. 34.01(13) (Fire Code), as may be amended.

Hours of blasting shall be limited to the hours specified in Wis. Admin. Code § SPS 307.42, as may be amended.

The nonmetallic mining operator shall provide notification of blasting as required by Wis. Admin. Code § SPS 3.07.41, as may be amended.

The nonmetallic mining operator shall provide the Madison Fire Department with twenty-four (24) hours notice of blasting on a mining site. The notice should indicate the location of blasting within the mine, the intended locations for the seismographs required under (q)7. below, and whether any of the weather conditions described in (q)10. below are expected to exist at the time of blasting.

Blasting resultants shall not exceed the levels contained in Wis. Admin. Code § SPS 307.44.

The nonmetallic mining operator shall sound a pre-blast notification siren immediately before a blast.

The nonmetallic mining operator shall install and maintain at least four (4) seismographs at locations near the boundary lines of the nonmetallic mining site, unless otherwise in consultation with City staff.

All blasting shall be conducted by a certified Class IV or Class V operator and shall utilize the latest commercially available technology to minimize adverse blasting resultants.

When feasible, the mining operator shall develop mining faces that advance away from or transverse or ninety (90) degrees to residential areas in order to minimize blasting resultants.

10.

When feasible, the mining operator shall avoid blasting when weather conditions include strong winds; foggy, hazy or smoky conditions with little or no wind; or significant cloud cover.

11.

Conditional use approval for blasting under this section shall expire after five (5) years. If a Nonmetallic Mining Operator applies for the renewal of a conditional use approval for blasting and shows that in the previous five (5) years the Nonmetallic Mining Site has operated in compliance with the blasting conditions listed in sub. (q) 1.-10. above and any additional blasting conditions imposed by the Plan Commission, then there shall be a presumption that the standards for conditional use approval are met and that the Plan Commission will grant renewal of the conditional use approval.

(r)

Hours of operation at a nonmetallic mining site shall be 6:00 a.m. to 6:00 p.m. unless otherwise required to fulfill obligations under a government contract.

(s)

The nonmetallic mining operator shall at all times maintain a Reclamation Plan which complies with Chapters 21 and 37, MGO, and Wis. Admin. Code ch. NR 135.

(Cr. by ORD-17-00014, 2-20-17)

Office, Residential Services. Office shall only serve the owner's residential dwelling units located on a lot within 1,250 feet of the office as measured from lot line to lot line. (Am. by ORD-19-00048, 7-2-19)

Offices for Human Service Programs.

(a)

The office shall be operated by a governmental or non-profit entity.

(b)

The office shall be located in a building with more than one unit and no single unit building shall be converted to multiple units for such use.

(c)

The office shall serve the neighborhood(s) where it is located.

On-Site Agricultural Retail Stand, Farm Stand.

(a)

The stand may not be permanently affixed to the ground and must be readily removable in its entirety.

(b)

Maximum area of a farm stand is three hundred (300) square feet in ground area.

(c)

No more than one (1) farm stand is allowed on any one premise.

Outdoor Cooking Operation.

(a)

An outdoor cooking operation is a permitted use if it is not located within two hundred (200) feet from the property line of a lot with a residential use.

(b)

An outdoor cooking operation located within two hundred (200) feet from the property line of a lot with a residential use may be allowed with conditional use approval.

(c)

Outdoor cooking operations in residential districts are limited to four (4) days in duration not more than five (5) times a year unless approved as a conditional use.

(Cr. by ORD-13-00178, 10-23-13)

Outdoor Display.

(a)

Outdoor display shall be separated from any adjacent street, sidewalk, or public walkway by development frontage landscaping, as specified in Section 28.142(6).

(b)

All products on display shall also be sold in the principal retail use.

(c)

Outdoor display shall not exceed sixteen (16) hours per day.

Outdoor Eating Areas Associated With Food and Beverage Establishments.

(a)

Primary access to the area shall be from within the establishment.

(b)

Hours of operation shall end at 9:00 p.m. in all districts except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(c)

No amplified sound is permitted in all districts except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(d)

(Am. by ORD-22-00016, 4-7-22)

Outdoor Eating Areas, Temporary, Associated with Food and Beverage Establishments.

(a)

Hours of operation shall end at 9:00 p.m. in all districts, except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(b)

No amplified sound is permitted in all districts, except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(c)

Enclosures shall be required, and shall be between thirty-six (36) and forty-two (42) inches in height, may be flush to the ground, and the bottom of the structure shall be no more than six (6) inches from the ground. All sides of the enclosure shall be constructed of a stable, rigid, wind-resistant, self-supporting framework, capable of maintaining all furniture and other objects within the confines of the cafe and free from any supporting structures which may cause a tripping hazard either within or outside of the cafe. Fencing may exceed forty-two (42) inches in height if approved by the Zoning Administrator or designee.

(d)

Enclosures shall make sure that vertical railings or elements do not interfere with intersection sight distance, per Sec. 27.05(2)(bb).

(e)

Tables, chairs, barricades, and fencing shall be safely secured on site when not in use.

(f)

If alcohol is served, signs shall be displayed for patrons stating that alcohol must stay within the seating area.

(g)

Additional exterior lighting required for any seating areas operating after dusk shall comply with all applicable local and state code requirements.

(h)

Shall be approved by the Zoning Administrator or designee, the Director of Traffic Engineering or designee and the City of Madison Fire Department. (Am. by ORD-23-00098, 10-26-23)

(i)

Permissible from April 15 to November 15.

(Am. by ORD-22-00016, 4-7-22)

Outdoor Recreation.

(a)

A minimum twenty-five (25) foot setback area maintained as open space shall be provided along the perimeter of the site wherever it abuts a residential district.

(b)

If the use will be available to the general public, an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site. Ease of access to the site by automobiles, transit, bicycles, and pedestrians shall be considered as a factor in the review of any application.

(c)

The site shall be designed in such a way as to minimize the effects of lighting and noise on surrounding properties. Hours of operation may be restricted and noise and lighting limits imposed as part of the conditional use approval.

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

Outdoor Storage.

(a)

Outdoor storage shall be located outside of the front yard setback and shall not be placed between the principal building and the abutting street.

(b)

Except in the IG District, outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park.

(c)

Outdoor storage shall be screened from abutting residential uses with a building wall or solid, commercial-grade fencing, wall, evergreen hedge, or equivalent material. All screening shall be at least six (6) feet in height and no more than eight (8) feet in height. Screening along district boundaries, where present, may provide all or part of the required screening. (Am. by ORD-14-00001, 1-14-14)

(d)

In the EC District, all storage except for licensed motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six (6) feet nor more than eight (8) feet in height, and no storage shall exceed the height of such screening. All outside storage areas shall be located to the rear of buildings and shall be limited to not more than five (5) percent of the total lot area.

Parking Facility, Non-Accessory.

(a)

Passenger automobiles, motorcycles, and bicycles shall be parked in clearly marked spaces.

(b)

Parking facility shall be oriented to the street with suitable entry and exit point.

(c)

When considering the conditional use, the Plan Commission shall set a maximum number of automobiles, motorcycles, and bicycles that may be parked at the facility at any given time.

(d)

In considering the conditional use, the Plan Commission may limit the duration of the use.

(Cr. by ORD-15-0000008, 1-28-15)

Payday Loan Business. Any payday loan business shall be located a minimum of five thousand (5,000) feet from any other payday loan or auto title loan business.

Peer Run Respite Facility.

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

The use shall be available to adults 18 years or older who are living with mental health or substance use concerns.

(c)

The structure being used for the Peer Run Respite Facility must at all times meet the definition of a dwelling contained in Sec. 28.211 of the Madison General Ordinances.

(d)

At least seventy-five percent (75%) of staff at the facility shall hold a valid certificate as a Wisconsin Peer Certified Specialist.

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents:

Floor plan showing sleeping areas, emergency exits and bathrooms.

ii.

Staffing plan showing that at least one staff member will be on-site and awake at all times (24/7/365).

iii.

Administration plan showing specific procedures used by staff for accepting guests for respite services.

iv.

Emergency plan outlining staff response to crisis situations.

Recommended management plan contents: parking, storage of belongings, trash storage/removal, transportation support.

(f)

The maximum number of guests receiving respite at any single time shall be equal to the number of bedrooms available in the facility or five (5), whichever is less.

(g)

The maximum length of a single stay for guests receiving respite shall not exceed 5 consecutive days.

(h)

Guests may use respite care for no more than three (3) separate stays per calendar year.

(i)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening and other site improvements consistent with the character of the use and the neighborhood.

(j)

The owner shall submit to the Madison Police Department a list of individuals, including staff, owners, or operators, who are authorized to give guests notice that they are no longer allowed to remain on the property.

(k)

No peer run respite facility shall locate within one thousand five hundred (1500) feet of another peer run respite facility.

(Cr. by ORD-16-00069, 8-13-16)

Physical, Occupational, or Massage Therapy.

(a)

In the IL Districts, Physical, Occupational, or Massage Therapy uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Place of Worship.

(a)

A facility established after the effective date of this ordinance with seating capacity of greater than six hundred (600) persons in the sanctuary or main activity area and within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

Any facility with seating capacity of greater than six hundred (600) persons in the sanctuary or main activity area shall be a conditional use. Such facility shall be located with vehicular access to a collector or higher classification street.

(c)

(Am. by ORD-25-00042, 6-27-25)

Portable Shelter Mission.

(a)

The use shall be accessory to a principal use operated by a religious institution, a governmental entity, or a non-profit organization.

(b)

The yard requirements for the most restrictive multi-family use in the district apply. If there are no multi-family yard requirements in the district, yard requirements for non-residential use shall apply.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the location of sleeping areas, bathrooms, parking spaces, and a severe weather response. The Plan shall be reviewed by the Director of Traffic Engineering and the Zoning Administrator. (Am. by ORD-23-00098, 10-26-23)

(e)

Property owner shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79 where applicable.

(Cr. by ORD-13-00177, 10-23-13; Am. by ORD-21-00062, 9-13-21)

Portable Storage Units.

(a)

A maximum of two (2) portable storage units, not exceeding a cumulative floor area of two hundred fifty (250) square feet shall be allowed for up to ninety (90) consecutive days within a calendar year when part of an active building permit. (Am. by ORD-15-00033, 4-8-15)

(b)

When not part of an active building permit, such use is allowed for no more than thirty (30) days per calendar year.

(c)

The portable storage unit(s) may not be located within the front or side yard setbacks unless located in a driveway.

(d)

A temporary use permit is required.

(e)

This use is allowed only for temporary storage of household goods in residential areas.

Real Estate Sales Office.

(a)

Shall be associated with the sale of property in the development where the office is located.

(b)

Use shall not exceed two (2) years from the date of start of construction or one (1) year after the initial occupancy of an improvement, whichever is sooner.

Residential Building Complex.

(a)

Recreational areas may be required to serve the needs of the anticipated population.

(b)

Setback requirements may be reduced as part of the conditional use approval. (Am. by ORD-25-00011, 3-8-25)

(c)

Minimum distances between buildings shall equal the combination of the required side yards for each building, unless reduced by the Plan Commission as part of the conditional use approval.

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(e)

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(g)

Shall be reviewed by the UDC pursuant to Sec. 33.24(4)(c), MGO. (Cr. by ORD-13-00069, 5-8-13)

(h)

All Residential Building Complexes shall be submitted with a plan for building placement, circulation, access and parking, and information on the architectural design of the development.

(i)

Each building in a Residential Building Complex shall provide the lot area and usable open space required for the building type by the zoning district.

(j)

Entrance orientation requirements for buildings that do not front a public street and are located behind buildings that do front a public street may be modified by the Plan Commission as part of the conditional use approval, provided that the modification results in entrances being oriented to a courtyard, open space, or other common amenity of the residential building complex. (Cr. by ORD-16-00094, 11-9-16)

(Am. by ORD-13-00134, 8-14-13)

Restaurant.

(a)

If the restaurant serves alcohol, maximum capacity to be established by the Director of the Building Inspection Division, not to exceed the number of available seats, plus staff, plus a reasonable number of people waiting for seats, as shown on the floor plan consistent with approved capacity.

(b)

Must serve food at all hours it is open.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-22-00033, 5-19-22; Am. by ORD-25-00042, 6-27-25)

Reuse of Former School, Municipal Buildings or Places of Worship.

(a)

Buildings originally constructed for use as public schools, municipal buildings, or places of worship in residential and special districts may be adapted for the following uses with the approval of the Director of Planning and Community and Economic Development:

Day care centers.

Elementary and secondary schools.

Arts, technical or trade schools.

Colleges and universities.

Other public educational facilities.

Recreational buildings and community centers, nonprofit.

State or municipal offices.

Offices for health, medical, welfare and other institutions or organizations qualifying as nonprofit under the laws of the State of Wisconsin.

(b)

Buildings originally constructed for use as public schools, municipal buildings, or places of worship in residential and special districts may be adapted as business and professional offices with conditional use approval.

(Am. by ORD-17-00022, 2-20-17)

School, Arts, Technical or Trade.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(c)

With the exception of facilities located in industrial districts, all activities shall occur within enclosed buildings.

(Cr. by ORD-16-00097, 11-9-16; Am. by ORD-24-00001, 1-17-24)

Schools, Public and Private.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(Am. by ORD-14-00133, 8-13-14)

Selective Cutting of Timber. On parcels approved for development, selective cutting of timber is limited to areas designated for clearance on recorded plats or certified survey maps.

Service Business.

(a)

In the TE and SE Districts, service businesses shall not exceed five thousand (5,000) square feet in floor area unless approved as a conditional use.

(b)

In the SEC, EC, IL, and IG Districts, service businesses shall be located only within a mixed-use building that includes office or other employment uses.

Sewerage System Lift Station, Water Pumping Stations, Towers, and Electric Substation, Gas Regulator Systems, and Mixing and Gate Stations.

(a)

A landscape plan for these uses shall be approved by the Director of Planning and Community and Economic Development where a permitted use or the Plan Commission when a conditional use.

(b)

In the NMX, MXC, TSS, CC-T, CC and RMX Districts, above-ground lift stations require conditional use approval. (Am. by ORD-21-00008, 2-10-21)

Single-Family Attached Dwelling; Townhouse, Rowhouse.

(a)

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

Single-Family Detached Dwelling. In the NMX, TSS, and CC-T Districts, single family detached dwellings constructed after the effective date of this ordinance require conditional use approval.

Solar Energy Systems.

(a)

A Placement Plan shall be submitted at the time of application for a zoning certificate. The Plan shall show the proposed location of the solar or wind energy system on the lot, the design of the solar or wind energy system, the location of improvements on adjoining lots, as well as landscaping on the lot and adjoining lots that impacts the location of the solar or wind energy system. Additional materials may be required.

(b)

The Placement Plan shall be approved by the Zoning Administrator prior to installation of the energy system. Any conditions or restrictions placed on the energy system shall be limited to those that serve to preserve or protect the public health and safety, or do not significantly increase the cost, or decrease the efficiency of the system. Conditions or restrictions that allow for an alternative system of comparable cost and efficiency may also be imposed. Some development that includes solar energy systems may require additional approval, such as development in urban design districts, historic districts, development involving demolitions, and planned development districts. (Am. by ORD-19-00063, 9-16-19)

Storage Facility, Personal Indoor Storage.

(a)

No commercial transactions shall be permitted other than the rental of storage units.

(b)

Plans for onsite circulation and driveway locations shall be reviewed as part of the conditional use review process. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern.

(c)

The use shall take place in a building that is a minimum of two stories. (Cr. by ORD-18-00100, 10-23-18)

Storage Locker (Personal).

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

An appropriate transition between the use and adjacent property may be required, using landscaping, screening and other site improvements consistent with the character of the neighborhood.

(c)

Storage lockers shall be placed no closer than five (5) feet to any right-of-way.

(d)

No more than ten (10) individual storage lockers may be grouped together on any single zoning lot.

(e)

Storage lockers shall be modular, weatherproof, oriented vertically, shall not exceed 11.25 cubic feet per unit or 112.5 total cubic feet per grouping, and shall be approved for use by the Director of Building Inspection or designee.

(f)

If the operator is not the owner of the property where the storage lockers will be maintained, then the operator shall provide the Zoning Administrator with a copy of the agreement between the operator and the owner of the property which gives the operator permission to install and operate the lockers on the owner's property.

(g)

The operator shall provide the Zoning Administrator with a management plan for the storage locker(s). Management plans shall include:

The identity and twenty-four (24)-hour contact information for the owner of the property and, if different from the owner of the property, the operator of the storage locker(s);

A site plan;

A photograph or drawing showing locker design and size;

An explanation of the process used to register users;

A copy of the standard use agreement entered into between the owner/operator and the storage locker user;

A list of rules and regulations governing locker use;

A detailed explanation that the operator may terminate the use of the locker at any time.

A maintenance plan.

(h)

The area surrounding the storage locker(s) shall be well lit at all times and include sufficient waste receptacles that are emptied regularly.

(i)

Lockers shall not be used to store perishable items, illegal items, or flammable substances.

(j)

Storage locker(s) may not be located on a lot that contains a residential building.

(k)

The owner or operator must obtain a license under Sec. 9.26, MGO.

(l)

Any other requirements of this ordinance applicable to principle uses shall not apply to the installation and maintenance of storage lockers.

(Cr. by ORD-16-00109, 12-14-16)

Temporary Buildings for Storage of Construction Materials and Equipment. Buildings must be located on the same zoning lot as the project under construction, and shall be removed within thirty (30) days following completion of construction.

Temporary Outdoor Events.

(a)

There shall be no permanent alteration to the site or construction or alteration of any permanent structure.

(b)

Events include but not limited to, seasonal holiday sales, church, neighborhood or community events, traveling carnivals, and accessory promotional events.

(c)

No event shall last more than one-hundred eighty (180) days per calendar year.

(d)

Any event that lasts for more than forty-five (45) days requires conditional use approval.

(e)

In residential districts, any event that lasts for more than twenty-five (25) days per calendar year or five (5) consecutive days requires conditional use approval.

(f)

All such events require a Temporary Use Permit.

(Am. by ORD-15-00015, 1-28-15)

Tiny House Village.

(a)

The Tiny House Village shall be owned or operated by a non-profit institution, religious institution, or government entity.

(b)

Each Tiny House shall have a smoke detector, carbon monoxide detector and fire extinguisher.

(c)

Only listed vented gas (liquid propane or natural) heaters or electric heat shall be permitted in Tiny Houses.

(d)

Tents and canopies are not permitted on the site except for temporary construction purposes.

(e)

Outdoor fires shall comply with all Madison Fire Department outdoor fireplace regulations. The burning of garbage or waste is prohibited. Grills may be used for cooking.

(f)

Open flame cooking devices or heating elements shall not be used within Tiny Houses.

(g)

The owner or operator shall allow any City of Madison public official presenting proper identification to conduct lawful inspections of the Tiny House Village.

(h)

The maximum occupancy of any portable shelter unit located on the site shall not exceed 2 persons.

(i)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a certificate of occupancy:

Required management plan contents: contact information for the owner or operator of the Tiny House Village, site plan showing tiny house locations, roads, accessory buildings, parking, bicycle parking, storage of belongings, trash storage/removal, composting toilet waste plan, transportation support, and a severe weather plan.

Recommended management plan contents: contact information for individuals living in the Tiny House Village.

(Cr. by ORD-21-00061, 9-13-21)

Tobacco Retailer.

(a)

No tobacco retailer shall be located within one thousand (1,000) feet of the boundary of any residential zone or parcel occupied by:

A public or private kindergarten, elementary, middle, junior high or high school;

A licensed child-care facility or preschool other than a family day care facility;

Playground;

Youth center;

Park;

Library; or

Health care facility.

(b)

No tobacco retailer shall be located on a site which is within five hundred (500) feet of a site occupied by another tobacco retailer or any establishment selling tobacco products or tobacco paraphernalia, as measured in a straight line from the two properties nearest parcel boundaries.

(c)

The tobacco retailer shall comply with local, state, and federal laws regarding sales, advertising or display of tobacco products and tobacco paraphernalia including posting prominently near the cash register or other point of sale the legal age to buy tobacco products and tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal age.

(d)

Sampling of tobacco products by individuals under eighteen (18) years of age shall not be permitted. Therefore, tobacco products shall not be given or sold to individuals under eighteen (18) years of age.

(Cr. by ORD-15-00054, 5-27-15)

Tourist Rooming House.

(a)

The Tourist Rooming House shall have a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, as required by Sec. 9.29, MGO.

(b)

The Tourist Rooming House shall have a valid license from Public Health Madison and Dane County.

(c)

The owner or operator of the Tourist Rooming House shall register with Treasurer's office and shall pay room tax as required under Sec. 4.21, MGO.

(d)

Only the owner of the property may operate a Tourist Rooming House, except that a renter may operate if explicitly allowed in the lease. A property owner proposing to operate a TRH in a dwelling unit that is subject to rules, regulations, or bylaws of a condominium association may only operate the dwelling unit as TRH if explicitly allowed by the condominium association.

(e)

If the tourist rooming house is operated for stays of more than six (6) but fewer than twenty-nine (29) consecutive days, the tourist rooming house may be operated for no more than 180 days in any consecutive 365-day period as provided in Wis. Stat. § 66.1014(2)(d). The 180 allowable days in any 365-day period must run consecutively and the TRH operator must give the Zoning Administrator notice of the first rental of any 365-day period.

(f)

If the tourist rooming house is operated for stays of one (1) to six (6) consecutive days, the tourist rooming house shall be the operator's primary residence and shall have been for twelve (12) consecutive months prior to beginning operation of the TRH.

(g)

For the calculation under sub. (e) or (f), all methods of advertising, including but not limited to, the online calendar booking availability of the advertised TRH, is evidence of consecutive days of operation.

(h)

If an operator who is operating a TRH pursuant to sub. (f) above occupies the residence at the time of rental, there is no limit to the number of days the Tourist Rooming House may operate.

(i)

If an operator who is operating a TRH pursuant to sub. (f) above does not occupy the residence at the time of rental, the tourist rooming house may operate no more than thirty (30) days per permitting year; July 1 to June 30th.

(j)

If an operator who is operating a TRH pursuant to sub. (f) above does not occupy the residence at the time of the rental, the TRH may not be rented to Multiple Unassociated Parties at the same time.

(k)

Maximum tourist occupancy shall not exceed the lesser of two times the number of legal bedrooms in the dwelling unit or twelve (12). Children under the age of 12 shall not count toward the maximum tourist occupancy.

(l)

A TRH shall be available for inspection by City staff with at least forty-eight (48) hours prior written notice. However, in the event the City has probable cause to believe that a violation of this ordinance has occurred or is occurring, an inspection may occur at other times.

(m)

Each establishment shall have a registry available on-site for inspection, indicating the true name of the individual making the TRH reservation; the telephone number, mailing address, or e-mail address for the individual making the TRH reservation; dates of stay and whether the operator was present or absent during the stay. The registry shall include all information from the current registry year and the year immediately prior.

(n)

In addition to the requirement in sub. (m) above, each establishment shall provide the Zoning Administrator with a TRH report by February 1, May 1, August 1, and November 1 of each year indicating for the previous quarter dates of stay and whether the operator was present or absent during each date of the stay, and a listing of all websites and places where the TRH operator has advertised. Failure of the TRH operator to submit two (2) such reports by required deadlines in any one year period shall be grounds for automatic revocation of a TRH permit issued under Sec. 9.29.

(o)

All advertisements of the tourist rooming house, including advertisements on the website of a Lodging Marketplace, must contain a clearly displayed valid TRH permit number issued under Sec. 9.29.

(Cr. by ORD-13-00185, 11-5-13; Am. by ORD-20-00036, 4-14-20; Am. by ORD-23-00069, 7-20-23)

Towing and Wrecker Service Business. Allowed only when accessory to auto body shop, auto repair station, junkyard, auto service station, and motor vehicle salvage year, scrap yard, or junkyard.

Two-Family Dwelling - Twin.

(a)

Each unit shall be separated from the abutting unit by a minimum fire separation complying with Wis. Admin. Code § SPS 321.08, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof.

(b)

The common wall between dwelling units shall be approximately perpendicular to the street right-of-way line. When a parcel containing a Two Family Dwelling - Twin is divided by Certified Survey Map, the lot line shall run continuously from the front lot line to the rear lot line through the common wall.

(c)

Each unit shall have separate water services, curb stops, lines and meters. The water service may be split in the terrace, with separate curb stops, lines and meters.

(d)

Each unit shall have separate sanitary sewer service laterals and lines.

(e)

Each unit shall have separate gas and electric meters.

(f)

A Two Family Dwelling - Twin divided by Certified Survey Map shall have a joint cross access and maintenance agreement that has been submitted with the land division application and which shall be recorded with the land division.

(g)

In the NMX, TSS, and CC-T Districts, Two Family Dwelling - Twin constructed after the effective date of this ordinance require conditional use approval. The lot area and lot width required shall be the same as in the TR-C4 district. Any Two-Family Dwelling - Twin shall not have an attached garage with a door facing any street. (Am. by ORD-25-00011, 3-8-25)

(h)

In the TR-C4 district, a Two-Family Dwelling - Twin shall not have an attached garage with a door facing any street. (Cr. by ORD-14-00028, 2-18-14)

(Am. by ORD-17-00127, 12-18-17)

Two-Family Dwelling - Two-Unit. In the NMX, TSS, and CC-T Districts, two-unit dwellings constructed after the effective date of this ordinance require conditional use approval.

Vending Machines.

(a)

Outdoor vending machine shall be accessory only to retail uses, schools, athletic facilities, parks and golf courses.

(b)

For retail uses, outdoor vending machines are allowed only for:

Single-occupant buildings with more than twenty-five hundred (2,500) square feet of floor area. (Am. by ORD-15-00033, 4-8-15)

Individual tenants with at least thirty (30) lineal feet of storefront in a multi-tenant building.

When the product sold in the vending machine also is sold in the principal retail use.

(c)

No individual outdoor vending machine shall exceed five (5) feet in width, three (3) feet in depth and seven (7) feet in height.

(d)

No more than one (1) outdoor vending machine shall be located per building façade.

(e)

Outdoor vending machines shall be flush against the facade of the principal structure, and shall not project into the public right-of-way.

(f)

Outdoor vending machines shall be placed on an impervious surface, such as concrete or asphalt.

(g)

No outdoor vending machines shall be located so as to impede pedestrian access or circulation, obstruct parking areas or create an unsafe condition. There shall be at least five (5) feet of clear pedestrian access at all times, unless the development is subject to the large retail standards in Sec. 33.24(4)(f), MGO, in which case, eight (8) feet of clearance is required.

(h)

When located at a school, athletic facility, park or golf course, outdoor vending machines shall be a minimum of fifty (50) feet from a property line, unless located behind a solid fence or screening to prevent public use.

Veterinary Clinic, Animal Hospital. All activity shall take place within completely enclosed buildings with soundproofing and odor control.

Walk-Up Service Windows.

(a)

If located within ten (10) feet of a public right-of-way, conditional use approval is required.

Wind Energy Systems. Wind energy systems shall comply with Sec. 28.149, MGO. (Am. by ORD-14-00027, 2-18-14)

Yard Sales. A yard sale shall not exceed four (4) days in duration, and no more than one sale shall be held in any three- (3) month period.

(Am. by ORD-23-00022, 3-10-23; Am. by ORD-25-00042, 6-27-25)

Madison City Zoning Code

SUBCHAPTER 28J:

SUPPLEMENTAL REGULATIONS

28.151 - APPLICABILITY.

Accessory Buildings and Structures. Shall comply with Sec. 28.131, MGO. (Am. by ORD-17-00024, 2-20-17)

Accessory Dwelling Unit.

(a)

The principal building shall not contain more than eight (8) dwelling units.

(b)

(c)

The number of occupants of the accessory dwelling unit shall not exceed one (1) family.

(d)

The accessory dwelling unit shall not be sold separately from the principal building. (Am. by ORD-25-00057, 9-11-25)

(e)

(f)

The maximum size of an accessory dwelling unit contained within a principal building shall be one thousand (1,000) square feet.

(g)

The footprint of an accessory building which includes an accessory dwelling unit shall not exceed one thousand (1,000) square feet.

(h)

The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.

(i)

Accessory dwelling unit entry ways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(j)

(Am. by ORD-21-00087, 12-15-21; Am. by ORD-23-00013, 1-25-23; Am. by ORD-23-00022, 3-10-23; Am. by ORD-24-00022, 4-26-24; Am. by ORD-25-00011, 3-8-25; ORD-25-00057, 9-11-25)

Adult Entertainment Establishment.

(a)

Such establishments shall be licensed as provided in Section 9.05 of these ordinances.

(b)

Exterior windows shall not be covered or made opaque in any way.

(c)

(d)

(e)

No material referenced under the definition of Adult Book or Video Store shall be placed in any exterior window, provided that material which is not so referenced may be placed in a window.

(f)

An adult entertainment establishment may have only one (1) nonflashing business sign, which sign may only indicate the name of the business and identify it as an adult entertainment establishment.

Adult Entertainment Tavern.

(a)

(b)

(c)

Said tavern shall acquire and maintain an adult entertainment tavern license pursuant to Sec. 38.11 of these ordinances prior to issuance of an occupancy permit.

Adult Family Home.

(a)

The loss of any state license or permit by an adult family home shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the adult family home

(c)

(d)

An adult family home may contain a second kitchen for privacy of staff, but such kitchen facilities shall be dismantled and removed when the arrangement is discontinued.

(e)

No conditional use approved under this section shall be transferable to another location or permit-holder.

(Am. by ORD-23-00008, 1-12-23)

Agriculture - Animal Husbandry.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Agriculture - Cultivation.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors.

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Animal Boarding Facility, Kennel, Animal Shelter.

(a)

Outdoor dog runs or exercise pens shall be located at least two hundred (200) feet from a residential use or district.

(b)

Assisted Living Facility, Congregate Care Facility, Skilled Nursing Facility.

(a)

The yard requirements for multi-family use in the district apply.

(b)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

(Am. by ORD-25-00011, 3-8-25)

ATM.

(a)

In the DC, UMX, LMX, NMX and TSS districts, no more than one ATM may be installed per street frontage on a zoning lot.

(b)

(c)

(d)

In the DC, UMX, LMX, NMX and TSS districts, the exterior face, including any cabinet or casing, of an ATM shall not exceed eight (8) square feet in size.

(Cr. by ORD-13-00147, 9-11-13)

Automobile Body Shop, Automobile Sales and Rental, Automobile Service Station, Automobile Repair Station, Convenience Store.

(a)

All automobile servicing and repair activities shall be carried on within an enclosed building.

(b)

No automobile servicing and repair activities may take place between the hours of 7:00 p.m. and 7:00 a.m. unless all of the building's windows and doors are closed.

(c)

A convenience store shall not be located within one thousand nine hundred eighty (1,980) feet distance of three (3) or more existing convenience stores, as measured along the center lines of streets.

(d)

The following activities and equipment are allowed outside if located within the rear yard and building envelope, and at least fifty (50) feet from a residential zoning district:

Storage of vehicle parts and refuse.

Temporary storage of vehicles during repair and pending delivery to the customer.

Vacuuming and cleaning.

(e)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not allowed for a period exceeding ten (10) days during any thirty (30) day period.

(f)

(Am. by ORD-13-00088, 5-29-13; ORD-17-00021, 2-20-17; Am. by ORD-24-00001, 1-17-24)

(g)

(Rep. by ORD-24-00001, 1-17-24)

(h)

(Rep. by ORD-15-00026, 3-11-15)

(Cr. by ORD-14-00037, 3-6-14)

Bed and Breakfast Establishment.

(a)

A maximum of eight (8) rooms shall be rented.

(b)

The establishment shall have a current license from Public Health Madison and Dane County.

(c)

The only meal that may be served is breakfast to registered guests.

(d)

Fire protection shall be approved by the Fire Department, and may be more restrictive than State requirements.

(e)

Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest.

(f)

No more than twenty (20) tourists or transients shall be allowed to rent at one time.

(g)

The owner of the residence shall occupy the residence at the time of rental.

(Am. by ORD-13-00146, 9-11-13; ORD-13-00185, 11-5-13; ORD-15-00009, 1-28-15)

Bicycle-Sharing Facility. Shall meet all requirements of Sec. 10.33, MGO.

Brewpub.

(a)

Maximum capacity to be established by the Director of Building Inspection Division, not to exceed the number of available seats, plus staff, plus a reasonable number of people waiting for seats.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-25-00042, 6-27-25)

Buildings or Structures Exceeding Ten Thousand (10,000) Square Feet in Floor Area.

(a)

In any residential district, building floor area, bulk, height and massing may be limited as part of the conditional use approval in order to ensure compatibility with surrounding uses.

(b)

Caretaker's Dwelling.

(a)

Shall be accessory only to a non-residential use.

(b)

Shall meet all dimensional requirements of the district.

Car Wash.

(a)

The car wash shall be completely enclosed when not in operation.

(b)

Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.

(c)

Any car wash line exit shall be at least thirty (30) feet from any street line.

(d)

(e)

Sound from any speakers used on the premises shall not be audible at the boundary of any surrounding residential district or on any residential property.

(f)

Water from the carwash shall not drain across any sidewalk or into a public right-of-way.

(g)

Vacuuming and cleaning are allowed outside if located within the rear yard and/or building envelope, and at least fifty (50) feet from a residential zoning district. (Am. by ORD-21-00021, 3-15-21)

Clinic-Health.

(a)

In the IL Districts, Clinic-Health uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Cohousing Community.

(a)

Any housing type that is a conditional use within the zoning district may be located in a cohousing community with conditional use approval.

(b)

Any use allowed within the zoning district may be located in a cohousing community.

(c)

Lot area requirements may be combined and shared among cohousing units with conditional use approval provided that the overall density remains consistent with minimum lot area standards.

(Am. by ORD-25-00011, 3-8-25)

Community Event.

(a)

There shall be no alteration to the site or alteration of any permanent structure.

(b)

No event shall last more than one-hundred eighty (180) days per calendar year.

(c)

An event lasting more than forty-five (45) consecutive days or occurring more than twenty-six (26) days in a calendar year shall require a conditional use permit.

(d)

All events shall require temporary use permit.

(Cr. by ORD-13-00054, 4-24-13)

Community Living Arrangement (CLA) Serving up to Eight (8) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

(d)

(e)

(f)

No conditional use permit under this section shall be transferable to another location or person.

Community Living Arrangement (CLA) Serving Nine to Fifteen (9-15) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

No new community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement, unless approved as a conditional use.

(d)

(e)

(f)

No conditional use permit under this section shall be transferable to another location or person.

(g)

Community Living Arrangement (CLA) Serving More Than 15 Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the community living arrangement.

(c)

No community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement.

(d)

The total capacity of all CLAs within an alder district shall not exceed twenty-five (25) persons or one percent (1%) of the population, whichever is greater, of such district.

(e)

All CLAs serving more than fifteen (15) residents require conditional use approval, regardless of the distance from other CLAs or the density of CLAs within the alder district.

(f)

No conditional use permit under this section shall be transferable to another location or person.

(Am. by ORD-15-00081, 8-12-15)

(g)

Concrete, Asphalt, and Rock Crushing Facilities.

(a)

All building, structures, and activity areas shall be located a minimum of three hundred (300) feet from all property lines of the site.

(b)

A site and vicinity plan shall be submitted with an application and shall contain the following:

A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the site.

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water, and air contamination.

(c)

(d)

A sound attenuation plan shall be submitted with an application and shall describe the sources of sound and compliance with applicable sound and noise regulation.

(e)

A vibration-dampening plan shall be submitted with an application showing compliance with all applicable vibration regulations.

(f)

A drainage plan for storm water management and runoff shall be submitted with an application.

(g)

(h)

A site restoration plan shall be submitted with an application and shall include detailed grading and revegetation plans, as well as a timetable for such restoration.

(i)

A schedule of hours of operation shall be submitted with an application.

Contractor's Business With Showroom or Workshop. All activities shall be carried out in an enclosed space.

Convent, Monastery, Similar Residential Group.

(a)

The use shall be accessory to a place of worship. The use may be located on a separate zoning lot where separated by a public right-of-way from the primary use.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

(Am. by ORD-25-00011, 3-8-25)

Correctional Facility. Within the Conservancy District, a correctional facility shall be located at least three hundred (300) feet from any residentially-zoned property.

Day Care Center.

(a)

The loss of any state license or permit by a day care center shall result in automatic revocation of that facility's use permit.

(b)

(c)

Day Care Home, Family.

(a)

The family day care home shall be the principal place of residence of the provider, as defined in Wis. Admin. Code ch. DCF 250.

(b)

Conditional use approval is required if the licensee, as defined in Wis. Admin Code ch. DCF 250, does not reside at, or have its principal place of business at, the family day care home.

(c)

No more than two employees who do not reside in the dwelling are permitted.

(Am. by ORD-14-00015, 1-29-14)

Daytime Shelter.

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The hours of operation shall be limited to 6:30 a.m. to 6 p.m., unless modified under conditional use approval.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms, hours of operation, staffing, management structure, and capacity.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Cr. by ORD-14-00115, 7-11-14)

Dormitory.

(a)

The use shall be within one-quarter (¼) mile of the campus of the institution it serves, unless another location is established in a campus master plan or conditional use approval.

(b)

The yard requirements for multiple-family use in the district apply when the use is not located on a campus.

(c)

On-site services shall be for residents of the facility only.

(d)

(e)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Drive-Through Windows.

(a)

(b)

In the TSS District, drive-through windows shall be fully located under an occupiable conditioned story, and the building shall have commercial or residential uses along the primary street frontage.

(c)

Drive-through windows shall be at least sixty (60) feet from the closest point of any residentially zoned property or property with a residential building.

(d)

The location of points of vehicular ingress and egress shall be as required by Traffic Engineering.

(e)

(f)

Speaker box sounds from the drive-through lane shall not be plainly audible so as to unreasonably disturb the peace and quiet of abutting residential property.

(g)

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

(h)

Bicyclist use of sales and service windows shall not be prohibited.

(i)

Pedestrian access to the establishment must also be provided.

(Am. by ORD-24-00033, 6-3-24)

Dwelling Units in Mixed-Use Buildings.

(a)

(b)

The area of the lot abutting street frontages in Sub. (f) above, the lesser of a depth of forty feet (40') or forty percent (40%) of the depth of the lot as measured along these frontages.

(c)

(Am. by ORD-13-00135, 8-14-13; Am. by ORD-21-00044, 6-14-21; Am. by ORD-22-00024, 4-7-22; Am. by ORD-23-00013, 1-25-23)

Emergency Electric Generator.

(a)

The electric output shall not exceed three thousand (3,000) kilowatts and the generator shall be operated a maximum of two hundred (200) hours per year.

(b)

(Am. by ORD-16-00093, 11-9-16)

Farmers Market.

(a)

Within the NMX, DC and UMX Districts, a farmer's market with more than fifteen (15) vendor stalls requires conditional use approval.

(b)

Within any district, a permanent facility established after the effective date of this ordinance shall have vehicular access to a collector or higher classification street.

(c)

Within any residential district, a farmer's market shall be accessory to a non-residential use and located in the parking facility of such use.

(d)

In the EC, IG, and IL Districts, a farmer's market shall only be an accessory use.

(Am. by ORD-24-00018, 3-20-24)

Food and Beverage Uses. (R. by ORD-14-00132, 8-13-14)

Free-Standing Vending.

(a)

In all districts, free-standing vending is prohibited if located on zoning lots that contain residential uses.

(b)

In residential districts, including the DR1 and DR2 districts, free-standing vending requires conditional use approval.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(Cr. by ORD-18-00068, 7-19-18; Am. by ORD-24-00018, 3-20-24)

Garden Center, Greenhouse, Nursery.

(a)

In the NMX, TSS and MXC Districts, there shall be no exterior storage of bulk materials such as dirt, sand, gravel and building materials.

(b)

In all other districts bulk materials shall not be stored within the front yard setback and shall meet standards for outdoor storage and display.

General Retail.

(a)

Except as allowed in (b), in the TE and SE Districts, general retail uses shall not exceed five thousand (5,000) square feet in floor area.

(b)

Within employment districts, general retail uses shall not exceed ten thousand (10,000) square feet in floor area, unless such uses are part of a planned multi-use site.

Golf Course. Club houses and maintenance buildings shall be located a minimum of three hundred (300) feet from any residentially-zoned property.

Handgun Shop.

(a)

Shop shall be located in a building constructed of concrete or masonry walls.

(b)

(c)

No handgun shop shall be located in the same building where alcohol beverages are sold.

(d)

Home Occupation.

(a)

The occupation shall be conducted within a dwelling and not in an accessory building, unless authorized by the Plan Commission as a conditional use.

(b)

The occupation shall be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes so as to protect the integrity and residential character of neighborhoods.

(c)

Only members of the immediate family residing on the premises or occupants of the dwelling may be employed, unless authorized by the Plan Commission as a conditional use.

(d)

A home occupation may include small offices, service establishments or homecrafts which are typically considered accessory to a dwelling unit.

(e)

(f)

No mechanical equipment shall be used except that which is used for purely domestic or household purposes, unless authorized by the plan commission as a conditional use.

(g)

No products shall be kept or commodities sold, other than those made on the premises, unless authorized by the plan commission as a conditional use.

(h)

Samples may be kept but not sold on the premises.

(i)

No more than twenty-five percent (25%) of the floor area of one story of the dwelling may devoted to such home occupation.

(j)

The entrance to the space devoted to the home occupation shall be from within the building.

(k)

No structural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation.

(l)

The only exterior indication of the home occupation shall be a non-illuminated nameplate a maximum of two (2) square feet in area.

(m)

Hospital.

(a)

The facility shall have vehicular access to a collector or higher classification street.

(b)

(c)

The boundaries of the institution shall be as defined in the conditional use permit or Master Plan. The institution that is defined by the boundaries shall be a minimum of three (3) acres.

Hotel, Motel. A maximum of fifty percent (50%) of rooming units may be occupied by non-transient guests for thirty (30) consecutive days or more. (Cr. by ORD-25-00023, 4-24-25)

Housing Cooperative.

(a)

(b)

(c)

When Housing Cooperatives are established within single-family dwellings, the single-family appearance and function of the building shall not be altered through the addition of entrances or kitchens.

(d)

(Am. by ORD-14-00085, 5-7-14; Am. by ORD-16-00049, 5-25-16; Am. by ORD-21-0008, 2-10-21; Rpld./Created by ORD-21-00012, 2-10-21)

Indoor Recreation. In the NMX and TSS Districts, the facility shall be located at least fifty (50) feet from the boundary of any residential use or district.

Junkyard. This use is retroactive to January 1, 1994.

Keeping of Chickens.

(a)

Keeping of up to eight (8) chickens is allowed as an accessory use on lots with up to four (4) dwelling units. (Am. by ORD-23-00048, 3-30-23)

(b)

(c)

Keeping of roosters is prohibited.

(d)

Slaughter of chickens is prohibited on site.

(e)

The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.

(f)

The enclosure shall be located at least twenty-five (25) feet from any residential structure on an adjacent lot.

(g)

The owner, operator or tenant must obtain a license under Sec. 9.52, MGO.

(h)

Keeping of Honeybees.

(a)

Except as provided in sub. (i) below, no more than six (6) hives may be located on a zoning lot.

(b)

No hive shall exceed twenty (20) cubic feet in volume.

(c)

No hive shall be located closer than three (3) feet from any property line.

(d)

No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an adjoining lot.

(e)

A constant supply of water shall be provided for all hives.

(f)

(g)

The owner, operator or tenant shall obtain a license under Sec. 9.53, MGO.

(h)

(i)

In the Employment and Special Use Districts, no more than six (6) hives may be located on a lot unless a principal use on the lot is for the keeping of honeybees.

(Am. by ORD-15-00080, 8-12-15)

Laboratories - Research, Development and Testing. No manufacturing shall be conducted on the premises except for experimental or testing purposes.

Land and Water Preserves. Activities are limited to the following:

(a)

Arboretums, environmental education centers.

(b)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

(c)

Fishing and trapping.

(d)

Boating and swimming.

(e)

Raising of fish and game animals.

(f)

Similar low-impact educational and recreational activities as determined by the Zoning Administrator.

(g)

Sustained forestry yield.

Lease of Off-Street Parking Facilities Accessory to a Nonresidential Use to Persons Not Using the Principal Use:

(a)

The parking facilities shall meet the standards of this Chapter 28 and Chapter 10 of the Madison General Ordinances.

(b)

A certificate of occupancy shall be issued by the office of the Director of the Building Inspection Division prior to commencing the rental.

Lease of Off-Street Parking Facilities Accessory to a Residential Use to Non-Tenants.

(a)

The lessee shall reside within a block, all or a portion of which is within fifteen hundred (1500) feet of the parking facility.

(b)

Occupants of the principal use shall have first right of refusal for the parking facilities.

(c)

The lessee shall provide the owner of the facility documentation establishing their place of residence.

(d)

All new parking facilities shall comply with City standards for design, paving, and screening.

(Am. by ORD-25-00011, 3-8-25)

(a)

The owner of the property agrees to maintain the architectural and historical integrity and significance of said landmark or landmark site during the tenure of such conditional use;

Live/Work Unit.

(a)

The work space component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

(b)

(c)

The office or business component of the unit shall not exceed fifty percent (50%) of the total floor area of the unit. (Am. by ORD-15-00033, 4-8-15)

(d)

(e)

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(Am. by ORD-13-00007, 1-15-13)

Lodge, Private Club, Reception Hall. May include the service of food and alcohol. (Am. by ORD-25-00042, 6-27-25)

Lodging House, Fraternity or Sorority.

(a)

(b)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(c)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Management Office, Restaurant, Limited Retail or Recreation Facilities Within a Multi-Family Building (Within Residential Districts).

(a)

The use shall primarily serve building residents rather than the general public.

(b)

Access to the use shall be from within the building.

(c)

Size of the establishment may be limited as part of the conditional use approval.

Market Garden.

(a)

Animal husbandry.

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Spreading of manure.

Application of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment such as tractors.

(Am. by ORD-15-00009, 1-28-15)

Mission Box (Accessory).

(a)

The Mission Box shall be accessory to an established principal use.

(b)

The Mission Box shall be no greater in size than sixty (60) inches wide, twenty-four (24) inches deep, and seventy-two (72) inches tall.

(c)

The Mission Box shall be secure to the ground with posts, anchoring or ballasting, in order to prevent tipping because of wind or snow.

(d)

The Mission Box shall not block, interfere, or impede the right-of-way, including that any doors to the Mission Box may not, when open, project into the right-of-way.

(e)

The Mission Box may not be operated in a manner that requires or facilitates the exchange of money or other forms of payment for items contained in the Mission Box.

(f)

All items provided for free to the public must be contained inside the Mission Box.

(g)

(Cr. by ORD-22-00107, 10-21-22)

Mission Camp.

(a)

The use shall be operated by a religious institution, nonprofit organization, or a governmental entity.

(b)

(c)

An appropriate transition area between the use and adjacent property may be required.

(d)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a zoning certificate:

Recommended management plan contents: contact information for individuals living at the campground.

(e)

Any changes to the Management Plan must be filed with the Zoning Administrator.

(f)

Open, recreational and warming fires are prohibited. Cooking fires contained in manufactured cooking devices, such as a grill or hibachi, are permitted.

(g)

The owner or operator shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79, if applicable.

(Cr. by ORD-21-00060, 9-13-21)

Mission House (Accessory).

(a)

The use shall be accessory to a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Am. by ORD-14-00115, 7-11-14)

Mission House (Principal Use).

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(e)

(Cr. by ORD-14-00115, 7-11-14)

Mobile Grocery Store.

(a)

The vehicle must be owned and operated by a non-profit entity.

(b)

There is a principal use on the zoning lot.

(c)

The vehicle location on the zoning lot shall be approved by the Director of Traffic Engineering and the Zoning Administrator. (Am. by ORD-23-00098, 10-26-23)

(d)

A waiver or modification of the off-street parking requirements for the principal use on the zoning lot has been obtained.

(e)

Hours of operation shall be between 7:00 a.m. and 8:00 p.m.

Motor Vehicle Salvage Yard, Scrap Yard.

(a)

(b)

All material not stored in a completely enclosed building shall be enclosed with a solid fence which is six (6) to ten (10) feet high and located on or inward from the established setback lines.

(c)

No materials shall be placed on the property that would exceed a height equal to the vertical plane extending from the top of the approved fence.

(d)

Hours of outside activity shall be limited to 7:00 a.m. until 8:00 p.m. and shall follow the City's noise regulations.

Multi-Family Dwelling.

(a)

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(c)

Reserved. (Rpld by ORD-21-00044, 6-14-21)

(d)

Non-Accessory Temporary Outdoor Events.

(a)

All such events shall be related to events at Camp Randall Stadium.

(b)

Only food and beverages may be offered for sale to the public.

(c)

Live amplified music is allowed.

(d)

The Plan Commission may waive or modify the offstreet parking requirements for the principal use and the non-accessory use.

(e)

No such event established in the TSS district after January 3, 2013 shall be located within fifty (50) feet of a residential district. (Am. by ORD-13-00096, 1-3-13; Am. by ORD-18-00125, 12-14-18)

Nonmetallic Mining.

(a)

(b)

(c)

A nonmetallic mining site shall be accessed only through designated entrances as illustrated on plans approved by the Director of Traffic Engineering. (Am. by ORD-23-00098, 10-26-23)

(d)

(e)

Security gates on the access points to a nonmetallic mining site shall have no trespassing signs.

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

A nonmetallic mining operator shall maintain a compliance phone number and email address for neighboring residents to report any problems or concerns.

(o)

A nonmetallic mining operator shall maintain on file with the City Engineer a Site/Operations Plan drawn to measurable scale large enough to show:

Zoning district boundaries for the nonmetallic mineral extraction district.

Existing contour lines.

Existing natural features including lakes, perennial/navigable streams, intermittent streams, floodplains, wetlands, drainage patters, and archaeological features.

Existing roads, driveways, and utilities.

Specific location of proposed extraction area, staging area, equipment storage.

Location of driveways.

Phasing plan, if applicable.

Location of permanent structures, including scales, offices, or mixing plants.

Location of signage.

(p)

A nonmetallic mining operator shall submit an annual mining report on or before March 1 of each year to the City Engineer detailing:

The number and nature of complaints received during the previous year and the operator's response to those complaints.

The efforts made in the previous year to improve blasting techniques and other nonmetallic mining activities in order to minimize adverse impacts on surrounding roads and properties.

(q)

Hours of blasting shall be limited to the hours specified in Wis. Admin. Code § SPS 307.42, as may be amended.

The nonmetallic mining operator shall provide notification of blasting as required by Wis. Admin. Code § SPS 3.07.41, as may be amended.

Blasting resultants shall not exceed the levels contained in Wis. Admin. Code § SPS 307.44.

The nonmetallic mining operator shall sound a pre-blast notification siren immediately before a blast.

All blasting shall be conducted by a certified Class IV or Class V operator and shall utilize the latest commercially available technology to minimize adverse blasting resultants.

When feasible, the mining operator shall develop mining faces that advance away from or transverse or ninety (90) degrees to residential areas in order to minimize blasting resultants.

10.

When feasible, the mining operator shall avoid blasting when weather conditions include strong winds; foggy, hazy or smoky conditions with little or no wind; or significant cloud cover.

11.

(r)

Hours of operation at a nonmetallic mining site shall be 6:00 a.m. to 6:00 p.m. unless otherwise required to fulfill obligations under a government contract.

(s)

The nonmetallic mining operator shall at all times maintain a Reclamation Plan which complies with Chapters 21 and 37, MGO, and Wis. Admin. Code ch. NR 135.

(Cr. by ORD-17-00014, 2-20-17)

Offices for Human Service Programs.

(a)

The office shall be operated by a governmental or non-profit entity.

(b)

The office shall be located in a building with more than one unit and no single unit building shall be converted to multiple units for such use.

(c)

The office shall serve the neighborhood(s) where it is located.

On-Site Agricultural Retail Stand, Farm Stand.

(a)

The stand may not be permanently affixed to the ground and must be readily removable in its entirety.

(b)

Maximum area of a farm stand is three hundred (300) square feet in ground area.

(c)

No more than one (1) farm stand is allowed on any one premise.

Outdoor Cooking Operation.

(a)

An outdoor cooking operation is a permitted use if it is not located within two hundred (200) feet from the property line of a lot with a residential use.

(b)

An outdoor cooking operation located within two hundred (200) feet from the property line of a lot with a residential use may be allowed with conditional use approval.

(c)

Outdoor cooking operations in residential districts are limited to four (4) days in duration not more than five (5) times a year unless approved as a conditional use.

(Cr. by ORD-13-00178, 10-23-13)

Outdoor Display.

(a)

Outdoor display shall be separated from any adjacent street, sidewalk, or public walkway by development frontage landscaping, as specified in Section 28.142(6).

(b)

All products on display shall also be sold in the principal retail use.

(c)

Outdoor display shall not exceed sixteen (16) hours per day.

Outdoor Eating Areas Associated With Food and Beverage Establishments.

(a)

Primary access to the area shall be from within the establishment.

(b)

Hours of operation shall end at 9:00 p.m. in all districts except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(c)

No amplified sound is permitted in all districts except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(d)

(Am. by ORD-22-00016, 4-7-22)

Outdoor Eating Areas, Temporary, Associated with Food and Beverage Establishments.

(a)

Hours of operation shall end at 9:00 p.m. in all districts, except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(b)

No amplified sound is permitted in all districts, except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(c)

(d)

Enclosures shall make sure that vertical railings or elements do not interfere with intersection sight distance, per Sec. 27.05(2)(bb).

(e)

Tables, chairs, barricades, and fencing shall be safely secured on site when not in use.

(f)

If alcohol is served, signs shall be displayed for patrons stating that alcohol must stay within the seating area.

(g)

Additional exterior lighting required for any seating areas operating after dusk shall comply with all applicable local and state code requirements.

(h)

Shall be approved by the Zoning Administrator or designee, the Director of Traffic Engineering or designee and the City of Madison Fire Department. (Am. by ORD-23-00098, 10-26-23)

(i)

Permissible from April 15 to November 15.

(Am. by ORD-22-00016, 4-7-22)

Outdoor Recreation.

(a)

A minimum twenty-five (25) foot setback area maintained as open space shall be provided along the perimeter of the site wherever it abuts a residential district.

(b)

(c)

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

Outdoor Storage.

(a)

Outdoor storage shall be located outside of the front yard setback and shall not be placed between the principal building and the abutting street.

(b)

Except in the IG District, outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park.

(c)

(d)

Parking Facility, Non-Accessory.

(a)

Passenger automobiles, motorcycles, and bicycles shall be parked in clearly marked spaces.

(b)

Parking facility shall be oriented to the street with suitable entry and exit point.

(c)

When considering the conditional use, the Plan Commission shall set a maximum number of automobiles, motorcycles, and bicycles that may be parked at the facility at any given time.

(d)

In considering the conditional use, the Plan Commission may limit the duration of the use.

(Cr. by ORD-15-0000008, 1-28-15)

Payday Loan Business. Any payday loan business shall be located a minimum of five thousand (5,000) feet from any other payday loan or auto title loan business.

Peer Run Respite Facility.

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

The use shall be available to adults 18 years or older who are living with mental health or substance use concerns.

(c)

The structure being used for the Peer Run Respite Facility must at all times meet the definition of a dwelling contained in Sec. 28.211 of the Madison General Ordinances.

(d)

At least seventy-five percent (75%) of staff at the facility shall hold a valid certificate as a Wisconsin Peer Certified Specialist.

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents:

Floor plan showing sleeping areas, emergency exits and bathrooms.

ii.

Staffing plan showing that at least one staff member will be on-site and awake at all times (24/7/365).

iii.

Administration plan showing specific procedures used by staff for accepting guests for respite services.

iv.

Emergency plan outlining staff response to crisis situations.

Recommended management plan contents: parking, storage of belongings, trash storage/removal, transportation support.

(f)

The maximum number of guests receiving respite at any single time shall be equal to the number of bedrooms available in the facility or five (5), whichever is less.

(g)

The maximum length of a single stay for guests receiving respite shall not exceed 5 consecutive days.

(h)

Guests may use respite care for no more than three (3) separate stays per calendar year.

(i)

(j)

(k)

No peer run respite facility shall locate within one thousand five hundred (1500) feet of another peer run respite facility.

(Cr. by ORD-16-00069, 8-13-16)

Physical, Occupational, or Massage Therapy.

(a)

In the IL Districts, Physical, Occupational, or Massage Therapy uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Place of Worship.

(a)

(b)

(c)

(Am. by ORD-25-00042, 6-27-25)

Portable Shelter Mission.

(a)

The use shall be accessory to a principal use operated by a religious institution, a governmental entity, or a non-profit organization.

(b)

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

(e)

Property owner shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79 where applicable.

(Cr. by ORD-13-00177, 10-23-13; Am. by ORD-21-00062, 9-13-21)

Portable Storage Units.

(a)

(b)

When not part of an active building permit, such use is allowed for no more than thirty (30) days per calendar year.

(c)

The portable storage unit(s) may not be located within the front or side yard setbacks unless located in a driveway.

(d)

A temporary use permit is required.

(e)

This use is allowed only for temporary storage of household goods in residential areas.

Real Estate Sales Office.

(a)

Shall be associated with the sale of property in the development where the office is located.

(b)

Use shall not exceed two (2) years from the date of start of construction or one (1) year after the initial occupancy of an improvement, whichever is sooner.

Residential Building Complex.

(a)

Recreational areas may be required to serve the needs of the anticipated population.

(b)

Setback requirements may be reduced as part of the conditional use approval. (Am. by ORD-25-00011, 3-8-25)

(c)

Minimum distances between buildings shall equal the combination of the required side yards for each building, unless reduced by the Plan Commission as part of the conditional use approval.

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(e)

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(g)

Shall be reviewed by the UDC pursuant to Sec. 33.24(4)(c), MGO. (Cr. by ORD-13-00069, 5-8-13)

(h)

All Residential Building Complexes shall be submitted with a plan for building placement, circulation, access and parking, and information on the architectural design of the development.

(i)

Each building in a Residential Building Complex shall provide the lot area and usable open space required for the building type by the zoning district.

(j)

(Am. by ORD-13-00134, 8-14-13)

Restaurant.

(a)

(b)

Must serve food at all hours it is open.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-22-00033, 5-19-22; Am. by ORD-25-00042, 6-27-25)

Reuse of Former School, Municipal Buildings or Places of Worship.

(a)

Day care centers.

Elementary and secondary schools.

Arts, technical or trade schools.

Colleges and universities.

Other public educational facilities.

Recreational buildings and community centers, nonprofit.

State or municipal offices.

Offices for health, medical, welfare and other institutions or organizations qualifying as nonprofit under the laws of the State of Wisconsin.

(b)

(Am. by ORD-17-00022, 2-20-17)

School, Arts, Technical or Trade.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(c)

With the exception of facilities located in industrial districts, all activities shall occur within enclosed buildings.

(Cr. by ORD-16-00097, 11-9-16; Am. by ORD-24-00001, 1-17-24)

Schools, Public and Private.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(Am. by ORD-14-00133, 8-13-14)

Selective Cutting of Timber. On parcels approved for development, selective cutting of timber is limited to areas designated for clearance on recorded plats or certified survey maps.

Service Business.

(a)

In the TE and SE Districts, service businesses shall not exceed five thousand (5,000) square feet in floor area unless approved as a conditional use.

(b)

In the SEC, EC, IL, and IG Districts, service businesses shall be located only within a mixed-use building that includes office or other employment uses.

Sewerage System Lift Station, Water Pumping Stations, Towers, and Electric Substation, Gas Regulator Systems, and Mixing and Gate Stations.

(a)

A landscape plan for these uses shall be approved by the Director of Planning and Community and Economic Development where a permitted use or the Plan Commission when a conditional use.

(b)

In the NMX, MXC, TSS, CC-T, CC and RMX Districts, above-ground lift stations require conditional use approval. (Am. by ORD-21-00008, 2-10-21)

Single-Family Attached Dwelling; Townhouse, Rowhouse.

(a)

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

Single-Family Detached Dwelling. In the NMX, TSS, and CC-T Districts, single family detached dwellings constructed after the effective date of this ordinance require conditional use approval.

Solar Energy Systems.

(a)

(b)

Storage Facility, Personal Indoor Storage.

(a)

No commercial transactions shall be permitted other than the rental of storage units.

(b)

(c)

The use shall take place in a building that is a minimum of two stories. (Cr. by ORD-18-00100, 10-23-18)

Storage Locker (Personal).

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

An appropriate transition between the use and adjacent property may be required, using landscaping, screening and other site improvements consistent with the character of the neighborhood.

(c)

Storage lockers shall be placed no closer than five (5) feet to any right-of-way.

(d)

No more than ten (10) individual storage lockers may be grouped together on any single zoning lot.

(e)

(f)

(g)

The operator shall provide the Zoning Administrator with a management plan for the storage locker(s). Management plans shall include:

The identity and twenty-four (24)-hour contact information for the owner of the property and, if different from the owner of the property, the operator of the storage locker(s);

A site plan;

A photograph or drawing showing locker design and size;

An explanation of the process used to register users;

A copy of the standard use agreement entered into between the owner/operator and the storage locker user;

A list of rules and regulations governing locker use;

A detailed explanation that the operator may terminate the use of the locker at any time.

A maintenance plan.

(h)

The area surrounding the storage locker(s) shall be well lit at all times and include sufficient waste receptacles that are emptied regularly.

(i)

Lockers shall not be used to store perishable items, illegal items, or flammable substances.

(j)

Storage locker(s) may not be located on a lot that contains a residential building.

(k)

The owner or operator must obtain a license under Sec. 9.26, MGO.

(l)

Any other requirements of this ordinance applicable to principle uses shall not apply to the installation and maintenance of storage lockers.

(Cr. by ORD-16-00109, 12-14-16)

Temporary Outdoor Events.

(a)

There shall be no permanent alteration to the site or construction or alteration of any permanent structure.

(b)

Events include but not limited to, seasonal holiday sales, church, neighborhood or community events, traveling carnivals, and accessory promotional events.

(c)

No event shall last more than one-hundred eighty (180) days per calendar year.

(d)

Any event that lasts for more than forty-five (45) days requires conditional use approval.

(e)

In residential districts, any event that lasts for more than twenty-five (25) days per calendar year or five (5) consecutive days requires conditional use approval.

(f)

All such events require a Temporary Use Permit.

(Am. by ORD-15-00015, 1-28-15)

Tiny House Village.

(a)

The Tiny House Village shall be owned or operated by a non-profit institution, religious institution, or government entity.

(b)

Each Tiny House shall have a smoke detector, carbon monoxide detector and fire extinguisher.

(c)

Only listed vented gas (liquid propane or natural) heaters or electric heat shall be permitted in Tiny Houses.

(d)

Tents and canopies are not permitted on the site except for temporary construction purposes.

(e)

Outdoor fires shall comply with all Madison Fire Department outdoor fireplace regulations. The burning of garbage or waste is prohibited. Grills may be used for cooking.

(f)

Open flame cooking devices or heating elements shall not be used within Tiny Houses.

(g)

The owner or operator shall allow any City of Madison public official presenting proper identification to conduct lawful inspections of the Tiny House Village.

(h)

The maximum occupancy of any portable shelter unit located on the site shall not exceed 2 persons.

(i)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a certificate of occupancy:

Recommended management plan contents: contact information for individuals living in the Tiny House Village.

(Cr. by ORD-21-00061, 9-13-21)

Tobacco Retailer.

(a)

No tobacco retailer shall be located within one thousand (1,000) feet of the boundary of any residential zone or parcel occupied by:

A public or private kindergarten, elementary, middle, junior high or high school;

A licensed child-care facility or preschool other than a family day care facility;

Playground;

Youth center;

Park;

Library; or

Health care facility.

(b)

(c)

(d)

(Cr. by ORD-15-00054, 5-27-15)

Tourist Rooming House.

(a)

The Tourist Rooming House shall have a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, as required by Sec. 9.29, MGO.

(b)

The Tourist Rooming House shall have a valid license from Public Health Madison and Dane County.

(c)

The owner or operator of the Tourist Rooming House shall register with Treasurer's office and shall pay room tax as required under Sec. 4.21, MGO.

(d)

(e)

(f)

(g)

(h)

If an operator who is operating a TRH pursuant to sub. (f) above occupies the residence at the time of rental, there is no limit to the number of days the Tourist Rooming House may operate.

(i)

(j)

If an operator who is operating a TRH pursuant to sub. (f) above does not occupy the residence at the time of the rental, the TRH may not be rented to Multiple Unassociated Parties at the same time.

(k)

(l)

(m)

(n)

(o)

All advertisements of the tourist rooming house, including advertisements on the website of a Lodging Marketplace, must contain a clearly displayed valid TRH permit number issued under Sec. 9.29.

(Cr. by ORD-13-00185, 11-5-13; Am. by ORD-20-00036, 4-14-20; Am. by ORD-23-00069, 7-20-23)

Towing and Wrecker Service Business. Allowed only when accessory to auto body shop, auto repair station, junkyard, auto service station, and motor vehicle salvage year, scrap yard, or junkyard.

Two-Family Dwelling - Twin.

(a)

(b)

(c)

Each unit shall have separate water services, curb stops, lines and meters. The water service may be split in the terrace, with separate curb stops, lines and meters.

(d)

Each unit shall have separate sanitary sewer service laterals and lines.

(e)

Each unit shall have separate gas and electric meters.

(f)

(g)

(h)

In the TR-C4 district, a Two-Family Dwelling - Twin shall not have an attached garage with a door facing any street. (Cr. by ORD-14-00028, 2-18-14)

(Am. by ORD-17-00127, 12-18-17)

Two-Family Dwelling - Two-Unit. In the NMX, TSS, and CC-T Districts, two-unit dwellings constructed after the effective date of this ordinance require conditional use approval.

Vending Machines.

(a)

Outdoor vending machine shall be accessory only to retail uses, schools, athletic facilities, parks and golf courses.

(b)

For retail uses, outdoor vending machines are allowed only for:

Single-occupant buildings with more than twenty-five hundred (2,500) square feet of floor area. (Am. by ORD-15-00033, 4-8-15)

Individual tenants with at least thirty (30) lineal feet of storefront in a multi-tenant building.

When the product sold in the vending machine also is sold in the principal retail use.

(c)

No individual outdoor vending machine shall exceed five (5) feet in width, three (3) feet in depth and seven (7) feet in height.

(d)

No more than one (1) outdoor vending machine shall be located per building façade.

(e)

Outdoor vending machines shall be flush against the facade of the principal structure, and shall not project into the public right-of-way.

(f)

Outdoor vending machines shall be placed on an impervious surface, such as concrete or asphalt.

(g)

(h)

Veterinary Clinic, Animal Hospital. All activity shall take place within completely enclosed buildings with soundproofing and odor control.

Walk-Up Service Windows.

(a)

If located within ten (10) feet of a public right-of-way, conditional use approval is required.

Wind Energy Systems. Wind energy systems shall comply with Sec. 28.149, MGO. (Am. by ORD-14-00027, 2-18-14)

Yard Sales. A yard sale shall not exceed four (4) days in duration, and no more than one sale shall be held in any three- (3) month period.

(Am. by ORD-23-00022, 3-10-23; Am. by ORD-25-00042, 6-27-25)

Madison City Zoning Code

SUBCHAPTER 28J:

SUPPLEMENTAL REGULATIONS

28.151 - APPLICABILITY.

Accessory Buildings and Structures. Shall comply with Sec. 28.131, MGO. (Am. by ORD-17-00024, 2-20-17)

Accessory Dwelling Unit.

(a)

The principal building shall not contain more than eight (8) dwelling units.

(b)

(c)

The number of occupants of the accessory dwelling unit shall not exceed one (1) family.

(d)

The accessory dwelling unit shall not be sold separately from the principal building. (Am. by ORD-25-00057, 9-11-25)

(e)

(f)

The maximum size of an accessory dwelling unit contained within a principal building shall be one thousand (1,000) square feet.

(g)

The footprint of an accessory building which includes an accessory dwelling unit shall not exceed one thousand (1,000) square feet.

(h)

The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.

(i)

Accessory dwelling unit entry ways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(j)

(Am. by ORD-21-00087, 12-15-21; Am. by ORD-23-00013, 1-25-23; Am. by ORD-23-00022, 3-10-23; Am. by ORD-24-00022, 4-26-24; Am. by ORD-25-00011, 3-8-25; ORD-25-00057, 9-11-25)

Adult Entertainment Establishment.

(a)

Such establishments shall be licensed as provided in Section 9.05 of these ordinances.

(b)

Exterior windows shall not be covered or made opaque in any way.

(c)

(d)

(e)

No material referenced under the definition of Adult Book or Video Store shall be placed in any exterior window, provided that material which is not so referenced may be placed in a window.

(f)

An adult entertainment establishment may have only one (1) nonflashing business sign, which sign may only indicate the name of the business and identify it as an adult entertainment establishment.

Adult Entertainment Tavern.

(a)

(b)

(c)

Said tavern shall acquire and maintain an adult entertainment tavern license pursuant to Sec. 38.11 of these ordinances prior to issuance of an occupancy permit.

Adult Family Home.

(a)

The loss of any state license or permit by an adult family home shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the adult family home

(c)

(d)

An adult family home may contain a second kitchen for privacy of staff, but such kitchen facilities shall be dismantled and removed when the arrangement is discontinued.

(e)

No conditional use approved under this section shall be transferable to another location or permit-holder.

(Am. by ORD-23-00008, 1-12-23)

Agriculture - Animal Husbandry.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Agriculture - Cultivation.

(a)

In the UA District, a Management Plan that addresses how to minimize impacts on surrounding uses and natural systems is required for:

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Use of heavy equipment, such as tractors.

Application of agricultural chemicals, including fertilizers and pesticides.

(b)

In the UA District, conditional use approval and a Management Plan are required for:

Spreading of manure.

Spraying of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment, such as tractors, before 7:00 a.m. and/or after 10:00 p.m.

Animal Boarding Facility, Kennel, Animal Shelter.

(a)

Outdoor dog runs or exercise pens shall be located at least two hundred (200) feet from a residential use or district.

(b)

Assisted Living Facility, Congregate Care Facility, Skilled Nursing Facility.

(a)

The yard requirements for multi-family use in the district apply.

(b)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

(Am. by ORD-25-00011, 3-8-25)

ATM.

(a)

In the DC, UMX, LMX, NMX and TSS districts, no more than one ATM may be installed per street frontage on a zoning lot.

(b)

(c)

(d)

In the DC, UMX, LMX, NMX and TSS districts, the exterior face, including any cabinet or casing, of an ATM shall not exceed eight (8) square feet in size.

(Cr. by ORD-13-00147, 9-11-13)

Automobile Body Shop, Automobile Sales and Rental, Automobile Service Station, Automobile Repair Station, Convenience Store.

(a)

All automobile servicing and repair activities shall be carried on within an enclosed building.

(b)

No automobile servicing and repair activities may take place between the hours of 7:00 p.m. and 7:00 a.m. unless all of the building's windows and doors are closed.

(c)

A convenience store shall not be located within one thousand nine hundred eighty (1,980) feet distance of three (3) or more existing convenience stores, as measured along the center lines of streets.

(d)

The following activities and equipment are allowed outside if located within the rear yard and building envelope, and at least fifty (50) feet from a residential zoning district:

Storage of vehicle parts and refuse.

Temporary storage of vehicles during repair and pending delivery to the customer.

Vacuuming and cleaning.

(e)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not allowed for a period exceeding ten (10) days during any thirty (30) day period.

(f)

(Am. by ORD-13-00088, 5-29-13; ORD-17-00021, 2-20-17; Am. by ORD-24-00001, 1-17-24)

(g)

(Rep. by ORD-24-00001, 1-17-24)

(h)

(Rep. by ORD-15-00026, 3-11-15)

(Cr. by ORD-14-00037, 3-6-14)

Bed and Breakfast Establishment.

(a)

A maximum of eight (8) rooms shall be rented.

(b)

The establishment shall have a current license from Public Health Madison and Dane County.

(c)

The only meal that may be served is breakfast to registered guests.

(d)

Fire protection shall be approved by the Fire Department, and may be more restrictive than State requirements.

(e)

Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest.

(f)

No more than twenty (20) tourists or transients shall be allowed to rent at one time.

(g)

The owner of the residence shall occupy the residence at the time of rental.

(Am. by ORD-13-00146, 9-11-13; ORD-13-00185, 11-5-13; ORD-15-00009, 1-28-15)

Bicycle-Sharing Facility. Shall meet all requirements of Sec. 10.33, MGO.

Brewpub.

(a)

Maximum capacity to be established by the Director of Building Inspection Division, not to exceed the number of available seats, plus staff, plus a reasonable number of people waiting for seats.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-25-00042, 6-27-25)

Buildings or Structures Exceeding Ten Thousand (10,000) Square Feet in Floor Area.

(a)

In any residential district, building floor area, bulk, height and massing may be limited as part of the conditional use approval in order to ensure compatibility with surrounding uses.

(b)

Caretaker's Dwelling.

(a)

Shall be accessory only to a non-residential use.

(b)

Shall meet all dimensional requirements of the district.

Car Wash.

(a)

The car wash shall be completely enclosed when not in operation.

(b)

Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.

(c)

Any car wash line exit shall be at least thirty (30) feet from any street line.

(d)

(e)

Sound from any speakers used on the premises shall not be audible at the boundary of any surrounding residential district or on any residential property.

(f)

Water from the carwash shall not drain across any sidewalk or into a public right-of-way.

(g)

Vacuuming and cleaning are allowed outside if located within the rear yard and/or building envelope, and at least fifty (50) feet from a residential zoning district. (Am. by ORD-21-00021, 3-15-21)

Clinic-Health.

(a)

In the IL Districts, Clinic-Health uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Cohousing Community.

(a)

Any housing type that is a conditional use within the zoning district may be located in a cohousing community with conditional use approval.

(b)

Any use allowed within the zoning district may be located in a cohousing community.

(c)

Lot area requirements may be combined and shared among cohousing units with conditional use approval provided that the overall density remains consistent with minimum lot area standards.

(Am. by ORD-25-00011, 3-8-25)

Community Event.

(a)

There shall be no alteration to the site or alteration of any permanent structure.

(b)

No event shall last more than one-hundred eighty (180) days per calendar year.

(c)

An event lasting more than forty-five (45) consecutive days or occurring more than twenty-six (26) days in a calendar year shall require a conditional use permit.

(d)

All events shall require temporary use permit.

(Cr. by ORD-13-00054, 4-24-13)

Community Living Arrangement (CLA) Serving up to Eight (8) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

(d)

(e)

(f)

No conditional use permit under this section shall be transferable to another location or person.

Community Living Arrangement (CLA) Serving Nine to Fifteen (9-15) Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant shall disclose in writing the capacity of the community living arrangement.

(c)

No new community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement, unless approved as a conditional use.

(d)

(e)

(f)

No conditional use permit under this section shall be transferable to another location or person.

(g)

Community Living Arrangement (CLA) Serving More Than 15 Residents.

(a)

The loss of any state license or permit by a CLA shall result in an automatic revocation of that facility's use permit.

(b)

The applicant must disclose in writing the capacity of the community living arrangement.

(c)

No community living arrangement shall be located within two thousand five hundred (2,500) feet of an existing community living arrangement.

(d)

The total capacity of all CLAs within an alder district shall not exceed twenty-five (25) persons or one percent (1%) of the population, whichever is greater, of such district.

(e)

All CLAs serving more than fifteen (15) residents require conditional use approval, regardless of the distance from other CLAs or the density of CLAs within the alder district.

(f)

No conditional use permit under this section shall be transferable to another location or person.

(Am. by ORD-15-00081, 8-12-15)

(g)

Concrete, Asphalt, and Rock Crushing Facilities.

(a)

All building, structures, and activity areas shall be located a minimum of three hundred (300) feet from all property lines of the site.

(b)

A site and vicinity plan shall be submitted with an application and shall contain the following:

A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the site.

A description of any potential environmental hazard due to existing or proposed land uses, including soil, water, and air contamination.

(c)

(d)

A sound attenuation plan shall be submitted with an application and shall describe the sources of sound and compliance with applicable sound and noise regulation.

(e)

A vibration-dampening plan shall be submitted with an application showing compliance with all applicable vibration regulations.

(f)

A drainage plan for storm water management and runoff shall be submitted with an application.

(g)

(h)

A site restoration plan shall be submitted with an application and shall include detailed grading and revegetation plans, as well as a timetable for such restoration.

(i)

A schedule of hours of operation shall be submitted with an application.

Contractor's Business With Showroom or Workshop. All activities shall be carried out in an enclosed space.

Convent, Monastery, Similar Residential Group.

(a)

The use shall be accessory to a place of worship. The use may be located on a separate zoning lot where separated by a public right-of-way from the primary use.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

(Am. by ORD-25-00011, 3-8-25)

Correctional Facility. Within the Conservancy District, a correctional facility shall be located at least three hundred (300) feet from any residentially-zoned property.

Day Care Center.

(a)

The loss of any state license or permit by a day care center shall result in automatic revocation of that facility's use permit.

(b)

(c)

Day Care Home, Family.

(a)

The family day care home shall be the principal place of residence of the provider, as defined in Wis. Admin. Code ch. DCF 250.

(b)

Conditional use approval is required if the licensee, as defined in Wis. Admin Code ch. DCF 250, does not reside at, or have its principal place of business at, the family day care home.

(c)

No more than two employees who do not reside in the dwelling are permitted.

(Am. by ORD-14-00015, 1-29-14)

Daytime Shelter.

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The hours of operation shall be limited to 6:30 a.m. to 6 p.m., unless modified under conditional use approval.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms, hours of operation, staffing, management structure, and capacity.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Cr. by ORD-14-00115, 7-11-14)

Dormitory.

(a)

The use shall be within one-quarter (¼) mile of the campus of the institution it serves, unless another location is established in a campus master plan or conditional use approval.

(b)

The yard requirements for multiple-family use in the district apply when the use is not located on a campus.

(c)

On-site services shall be for residents of the facility only.

(d)

(e)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Drive-Through Windows.

(a)

(b)

In the TSS District, drive-through windows shall be fully located under an occupiable conditioned story, and the building shall have commercial or residential uses along the primary street frontage.

(c)

Drive-through windows shall be at least sixty (60) feet from the closest point of any residentially zoned property or property with a residential building.

(d)

The location of points of vehicular ingress and egress shall be as required by Traffic Engineering.

(e)

(f)

Speaker box sounds from the drive-through lane shall not be plainly audible so as to unreasonably disturb the peace and quiet of abutting residential property.

(g)

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

(h)

Bicyclist use of sales and service windows shall not be prohibited.

(i)

Pedestrian access to the establishment must also be provided.

(Am. by ORD-24-00033, 6-3-24)

Dwelling Units in Mixed-Use Buildings.

(a)

(b)

The area of the lot abutting street frontages in Sub. (f) above, the lesser of a depth of forty feet (40') or forty percent (40%) of the depth of the lot as measured along these frontages.

(c)

(Am. by ORD-13-00135, 8-14-13; Am. by ORD-21-00044, 6-14-21; Am. by ORD-22-00024, 4-7-22; Am. by ORD-23-00013, 1-25-23)

Emergency Electric Generator.

(a)

The electric output shall not exceed three thousand (3,000) kilowatts and the generator shall be operated a maximum of two hundred (200) hours per year.

(b)

(Am. by ORD-16-00093, 11-9-16)

Farmers Market.

(a)

Within the NMX, DC and UMX Districts, a farmer's market with more than fifteen (15) vendor stalls requires conditional use approval.

(b)

Within any district, a permanent facility established after the effective date of this ordinance shall have vehicular access to a collector or higher classification street.

(c)

Within any residential district, a farmer's market shall be accessory to a non-residential use and located in the parking facility of such use.

(d)

In the EC, IG, and IL Districts, a farmer's market shall only be an accessory use.

(Am. by ORD-24-00018, 3-20-24)

Food and Beverage Uses. (R. by ORD-14-00132, 8-13-14)

Free-Standing Vending.

(a)

In all districts, free-standing vending is prohibited if located on zoning lots that contain residential uses.

(b)

In residential districts, including the DR1 and DR2 districts, free-standing vending requires conditional use approval.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(Cr. by ORD-18-00068, 7-19-18; Am. by ORD-24-00018, 3-20-24)

Garden Center, Greenhouse, Nursery.

(a)

In the NMX, TSS and MXC Districts, there shall be no exterior storage of bulk materials such as dirt, sand, gravel and building materials.

(b)

In all other districts bulk materials shall not be stored within the front yard setback and shall meet standards for outdoor storage and display.

General Retail.

(a)

Except as allowed in (b), in the TE and SE Districts, general retail uses shall not exceed five thousand (5,000) square feet in floor area.

(b)

Within employment districts, general retail uses shall not exceed ten thousand (10,000) square feet in floor area, unless such uses are part of a planned multi-use site.

Golf Course. Club houses and maintenance buildings shall be located a minimum of three hundred (300) feet from any residentially-zoned property.

Handgun Shop.

(a)

Shop shall be located in a building constructed of concrete or masonry walls.

(b)

(c)

No handgun shop shall be located in the same building where alcohol beverages are sold.

(d)

Home Occupation.

(a)

The occupation shall be conducted within a dwelling and not in an accessory building, unless authorized by the Plan Commission as a conditional use.

(b)

The occupation shall be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes so as to protect the integrity and residential character of neighborhoods.

(c)

Only members of the immediate family residing on the premises or occupants of the dwelling may be employed, unless authorized by the Plan Commission as a conditional use.

(d)

A home occupation may include small offices, service establishments or homecrafts which are typically considered accessory to a dwelling unit.

(e)

(f)

No mechanical equipment shall be used except that which is used for purely domestic or household purposes, unless authorized by the plan commission as a conditional use.

(g)

No products shall be kept or commodities sold, other than those made on the premises, unless authorized by the plan commission as a conditional use.

(h)

Samples may be kept but not sold on the premises.

(i)

No more than twenty-five percent (25%) of the floor area of one story of the dwelling may devoted to such home occupation.

(j)

The entrance to the space devoted to the home occupation shall be from within the building.

(k)

No structural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation.

(l)

The only exterior indication of the home occupation shall be a non-illuminated nameplate a maximum of two (2) square feet in area.

(m)

Hospital.

(a)

The facility shall have vehicular access to a collector or higher classification street.

(b)

(c)

The boundaries of the institution shall be as defined in the conditional use permit or Master Plan. The institution that is defined by the boundaries shall be a minimum of three (3) acres.

Hotel, Motel. A maximum of fifty percent (50%) of rooming units may be occupied by non-transient guests for thirty (30) consecutive days or more. (Cr. by ORD-25-00023, 4-24-25)

Housing Cooperative.

(a)

(b)

(c)

When Housing Cooperatives are established within single-family dwellings, the single-family appearance and function of the building shall not be altered through the addition of entrances or kitchens.

(d)

(Am. by ORD-14-00085, 5-7-14; Am. by ORD-16-00049, 5-25-16; Am. by ORD-21-0008, 2-10-21; Rpld./Created by ORD-21-00012, 2-10-21)

Indoor Recreation. In the NMX and TSS Districts, the facility shall be located at least fifty (50) feet from the boundary of any residential use or district.

Junkyard. This use is retroactive to January 1, 1994.

Keeping of Chickens.

(a)

Keeping of up to eight (8) chickens is allowed as an accessory use on lots with up to four (4) dwelling units. (Am. by ORD-23-00048, 3-30-23)

(b)

(c)

Keeping of roosters is prohibited.

(d)

Slaughter of chickens is prohibited on site.

(e)

The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.

(f)

The enclosure shall be located at least twenty-five (25) feet from any residential structure on an adjacent lot.

(g)

The owner, operator or tenant must obtain a license under Sec. 9.52, MGO.

(h)

Keeping of Honeybees.

(a)

Except as provided in sub. (i) below, no more than six (6) hives may be located on a zoning lot.

(b)

No hive shall exceed twenty (20) cubic feet in volume.

(c)

No hive shall be located closer than three (3) feet from any property line.

(d)

No hive shall be located closer than ten (10) feet from a public sidewalk or twenty-five (25) feet from a principal building on an adjoining lot.

(e)

A constant supply of water shall be provided for all hives.

(f)

(g)

The owner, operator or tenant shall obtain a license under Sec. 9.53, MGO.

(h)

(i)

In the Employment and Special Use Districts, no more than six (6) hives may be located on a lot unless a principal use on the lot is for the keeping of honeybees.

(Am. by ORD-15-00080, 8-12-15)

Laboratories - Research, Development and Testing. No manufacturing shall be conducted on the premises except for experimental or testing purposes.

Land and Water Preserves. Activities are limited to the following:

(a)

Arboretums, environmental education centers.

(b)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

(c)

Fishing and trapping.

(d)

Boating and swimming.

(e)

Raising of fish and game animals.

(f)

Similar low-impact educational and recreational activities as determined by the Zoning Administrator.

(g)

Sustained forestry yield.

Lease of Off-Street Parking Facilities Accessory to a Nonresidential Use to Persons Not Using the Principal Use:

(a)

The parking facilities shall meet the standards of this Chapter 28 and Chapter 10 of the Madison General Ordinances.

(b)

A certificate of occupancy shall be issued by the office of the Director of the Building Inspection Division prior to commencing the rental.

Lease of Off-Street Parking Facilities Accessory to a Residential Use to Non-Tenants.

(a)

The lessee shall reside within a block, all or a portion of which is within fifteen hundred (1500) feet of the parking facility.

(b)

Occupants of the principal use shall have first right of refusal for the parking facilities.

(c)

The lessee shall provide the owner of the facility documentation establishing their place of residence.

(d)

All new parking facilities shall comply with City standards for design, paving, and screening.

(Am. by ORD-25-00011, 3-8-25)

(a)

The owner of the property agrees to maintain the architectural and historical integrity and significance of said landmark or landmark site during the tenure of such conditional use;

Live/Work Unit.

(a)

The work space component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

(b)

(c)

The office or business component of the unit shall not exceed fifty percent (50%) of the total floor area of the unit. (Am. by ORD-15-00033, 4-8-15)

(d)

(e)

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(Am. by ORD-13-00007, 1-15-13)

Lodge, Private Club, Reception Hall. May include the service of food and alcohol. (Am. by ORD-25-00042, 6-27-25)

Lodging House, Fraternity or Sorority.

(a)

(b)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(c)

The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.

Management Office, Restaurant, Limited Retail or Recreation Facilities Within a Multi-Family Building (Within Residential Districts).

(a)

The use shall primarily serve building residents rather than the general public.

(b)

Access to the use shall be from within the building.

(c)

Size of the establishment may be limited as part of the conditional use approval.

Market Garden.

(a)

Animal husbandry.

Off-street parking of more than ten (10) vehicles.

Processing of food produced on site.

Spreading of manure.

Application of agricultural chemicals, including fertilizers and pesticides.

Use of heavy equipment such as tractors.

(Am. by ORD-15-00009, 1-28-15)

Mission Box (Accessory).

(a)

The Mission Box shall be accessory to an established principal use.

(b)

The Mission Box shall be no greater in size than sixty (60) inches wide, twenty-four (24) inches deep, and seventy-two (72) inches tall.

(c)

The Mission Box shall be secure to the ground with posts, anchoring or ballasting, in order to prevent tipping because of wind or snow.

(d)

The Mission Box shall not block, interfere, or impede the right-of-way, including that any doors to the Mission Box may not, when open, project into the right-of-way.

(e)

The Mission Box may not be operated in a manner that requires or facilitates the exchange of money or other forms of payment for items contained in the Mission Box.

(f)

All items provided for free to the public must be contained inside the Mission Box.

(g)

(Cr. by ORD-22-00107, 10-21-22)

Mission Camp.

(a)

The use shall be operated by a religious institution, nonprofit organization, or a governmental entity.

(b)

(c)

An appropriate transition area between the use and adjacent property may be required.

(d)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a zoning certificate:

Recommended management plan contents: contact information for individuals living at the campground.

(e)

Any changes to the Management Plan must be filed with the Zoning Administrator.

(f)

Open, recreational and warming fires are prohibited. Cooking fires contained in manufactured cooking devices, such as a grill or hibachi, are permitted.

(g)

The owner or operator shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79, if applicable.

(Cr. by ORD-21-00060, 9-13-21)

Mission House (Accessory).

(a)

The use shall be accessory to a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(d)

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(Am. by ORD-14-00115, 7-11-14)

Mission House (Principal Use).

(a)

The use shall be operated by a religious institution or a non-profit organization.

(b)

The yard requirements for multi-family use in the district apply.

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

The owner shall submit a Management Plan for the facility:

Required management plan contents: floor plan showing sleeping areas, emergency exits and bathrooms.

Recommended management plan contents: parking, bicycle parking, storage of belongings, trash storage/removal, transportation support.

(e)

(Cr. by ORD-14-00115, 7-11-14)

Mobile Grocery Store.

(a)

The vehicle must be owned and operated by a non-profit entity.

(b)

There is a principal use on the zoning lot.

(c)

The vehicle location on the zoning lot shall be approved by the Director of Traffic Engineering and the Zoning Administrator. (Am. by ORD-23-00098, 10-26-23)

(d)

A waiver or modification of the off-street parking requirements for the principal use on the zoning lot has been obtained.

(e)

Hours of operation shall be between 7:00 a.m. and 8:00 p.m.

Motor Vehicle Salvage Yard, Scrap Yard.

(a)

(b)

All material not stored in a completely enclosed building shall be enclosed with a solid fence which is six (6) to ten (10) feet high and located on or inward from the established setback lines.

(c)

No materials shall be placed on the property that would exceed a height equal to the vertical plane extending from the top of the approved fence.

(d)

Hours of outside activity shall be limited to 7:00 a.m. until 8:00 p.m. and shall follow the City's noise regulations.

Multi-Family Dwelling.

(a)

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(c)

Reserved. (Rpld by ORD-21-00044, 6-14-21)

(d)

Non-Accessory Temporary Outdoor Events.

(a)

All such events shall be related to events at Camp Randall Stadium.

(b)

Only food and beverages may be offered for sale to the public.

(c)

Live amplified music is allowed.

(d)

The Plan Commission may waive or modify the offstreet parking requirements for the principal use and the non-accessory use.

(e)

No such event established in the TSS district after January 3, 2013 shall be located within fifty (50) feet of a residential district. (Am. by ORD-13-00096, 1-3-13; Am. by ORD-18-00125, 12-14-18)

Nonmetallic Mining.

(a)

(b)

(c)

A nonmetallic mining site shall be accessed only through designated entrances as illustrated on plans approved by the Director of Traffic Engineering. (Am. by ORD-23-00098, 10-26-23)

(d)

(e)

Security gates on the access points to a nonmetallic mining site shall have no trespassing signs.

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

A nonmetallic mining operator shall maintain a compliance phone number and email address for neighboring residents to report any problems or concerns.

(o)

A nonmetallic mining operator shall maintain on file with the City Engineer a Site/Operations Plan drawn to measurable scale large enough to show:

Zoning district boundaries for the nonmetallic mineral extraction district.

Existing contour lines.

Existing natural features including lakes, perennial/navigable streams, intermittent streams, floodplains, wetlands, drainage patters, and archaeological features.

Existing roads, driveways, and utilities.

Specific location of proposed extraction area, staging area, equipment storage.

Location of driveways.

Phasing plan, if applicable.

Location of permanent structures, including scales, offices, or mixing plants.

Location of signage.

(p)

A nonmetallic mining operator shall submit an annual mining report on or before March 1 of each year to the City Engineer detailing:

The number and nature of complaints received during the previous year and the operator's response to those complaints.

The efforts made in the previous year to improve blasting techniques and other nonmetallic mining activities in order to minimize adverse impacts on surrounding roads and properties.

(q)

Hours of blasting shall be limited to the hours specified in Wis. Admin. Code § SPS 307.42, as may be amended.

The nonmetallic mining operator shall provide notification of blasting as required by Wis. Admin. Code § SPS 3.07.41, as may be amended.

Blasting resultants shall not exceed the levels contained in Wis. Admin. Code § SPS 307.44.

The nonmetallic mining operator shall sound a pre-blast notification siren immediately before a blast.

All blasting shall be conducted by a certified Class IV or Class V operator and shall utilize the latest commercially available technology to minimize adverse blasting resultants.

When feasible, the mining operator shall develop mining faces that advance away from or transverse or ninety (90) degrees to residential areas in order to minimize blasting resultants.

10.

When feasible, the mining operator shall avoid blasting when weather conditions include strong winds; foggy, hazy or smoky conditions with little or no wind; or significant cloud cover.

11.

(r)

Hours of operation at a nonmetallic mining site shall be 6:00 a.m. to 6:00 p.m. unless otherwise required to fulfill obligations under a government contract.

(s)

The nonmetallic mining operator shall at all times maintain a Reclamation Plan which complies with Chapters 21 and 37, MGO, and Wis. Admin. Code ch. NR 135.

(Cr. by ORD-17-00014, 2-20-17)

Offices for Human Service Programs.

(a)

The office shall be operated by a governmental or non-profit entity.

(b)

The office shall be located in a building with more than one unit and no single unit building shall be converted to multiple units for such use.

(c)

The office shall serve the neighborhood(s) where it is located.

On-Site Agricultural Retail Stand, Farm Stand.

(a)

The stand may not be permanently affixed to the ground and must be readily removable in its entirety.

(b)

Maximum area of a farm stand is three hundred (300) square feet in ground area.

(c)

No more than one (1) farm stand is allowed on any one premise.

Outdoor Cooking Operation.

(a)

An outdoor cooking operation is a permitted use if it is not located within two hundred (200) feet from the property line of a lot with a residential use.

(b)

An outdoor cooking operation located within two hundred (200) feet from the property line of a lot with a residential use may be allowed with conditional use approval.

(c)

Outdoor cooking operations in residential districts are limited to four (4) days in duration not more than five (5) times a year unless approved as a conditional use.

(Cr. by ORD-13-00178, 10-23-13)

Outdoor Display.

(a)

Outdoor display shall be separated from any adjacent street, sidewalk, or public walkway by development frontage landscaping, as specified in Section 28.142(6).

(b)

All products on display shall also be sold in the principal retail use.

(c)

Outdoor display shall not exceed sixteen (16) hours per day.

Outdoor Eating Areas Associated With Food and Beverage Establishments.

(a)

Primary access to the area shall be from within the establishment.

(b)

Hours of operation shall end at 9:00 p.m. in all districts except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(c)

No amplified sound is permitted in all districts except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(d)

(Am. by ORD-22-00016, 4-7-22)

Outdoor Eating Areas, Temporary, Associated with Food and Beverage Establishments.

(a)

Hours of operation shall end at 9:00 p.m. in all districts, except for MXC, CC and RMX, unless extended as part of the conditional use approval.

(b)

No amplified sound is permitted in all districts, except MXC, CC and RMX, unless allowed as part of the conditional use approval.

(c)

(d)

Enclosures shall make sure that vertical railings or elements do not interfere with intersection sight distance, per Sec. 27.05(2)(bb).

(e)

Tables, chairs, barricades, and fencing shall be safely secured on site when not in use.

(f)

If alcohol is served, signs shall be displayed for patrons stating that alcohol must stay within the seating area.

(g)

Additional exterior lighting required for any seating areas operating after dusk shall comply with all applicable local and state code requirements.

(h)

Shall be approved by the Zoning Administrator or designee, the Director of Traffic Engineering or designee and the City of Madison Fire Department. (Am. by ORD-23-00098, 10-26-23)

(i)

Permissible from April 15 to November 15.

(Am. by ORD-22-00016, 4-7-22)

Outdoor Recreation.

(a)

A minimum twenty-five (25) foot setback area maintained as open space shall be provided along the perimeter of the site wherever it abuts a residential district.

(b)

(c)

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

Outdoor Storage.

(a)

Outdoor storage shall be located outside of the front yard setback and shall not be placed between the principal building and the abutting street.

(b)

Except in the IG District, outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park.

(c)

(d)

Parking Facility, Non-Accessory.

(a)

Passenger automobiles, motorcycles, and bicycles shall be parked in clearly marked spaces.

(b)

Parking facility shall be oriented to the street with suitable entry and exit point.

(c)

When considering the conditional use, the Plan Commission shall set a maximum number of automobiles, motorcycles, and bicycles that may be parked at the facility at any given time.

(d)

In considering the conditional use, the Plan Commission may limit the duration of the use.

(Cr. by ORD-15-0000008, 1-28-15)

Payday Loan Business. Any payday loan business shall be located a minimum of five thousand (5,000) feet from any other payday loan or auto title loan business.

Peer Run Respite Facility.

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

The use shall be available to adults 18 years or older who are living with mental health or substance use concerns.

(c)

The structure being used for the Peer Run Respite Facility must at all times meet the definition of a dwelling contained in Sec. 28.211 of the Madison General Ordinances.

(d)

At least seventy-five percent (75%) of staff at the facility shall hold a valid certificate as a Wisconsin Peer Certified Specialist.

(e)

The owner shall submit a Management Plan for the facility:

Required management plan contents:

Floor plan showing sleeping areas, emergency exits and bathrooms.

ii.

Staffing plan showing that at least one staff member will be on-site and awake at all times (24/7/365).

iii.

Administration plan showing specific procedures used by staff for accepting guests for respite services.

iv.

Emergency plan outlining staff response to crisis situations.

Recommended management plan contents: parking, storage of belongings, trash storage/removal, transportation support.

(f)

The maximum number of guests receiving respite at any single time shall be equal to the number of bedrooms available in the facility or five (5), whichever is less.

(g)

The maximum length of a single stay for guests receiving respite shall not exceed 5 consecutive days.

(h)

Guests may use respite care for no more than three (3) separate stays per calendar year.

(i)

(j)

(k)

No peer run respite facility shall locate within one thousand five hundred (1500) feet of another peer run respite facility.

(Cr. by ORD-16-00069, 8-13-16)

Physical, Occupational, or Massage Therapy.

(a)

In the IL Districts, Physical, Occupational, or Massage Therapy uses shall not exceed five thousand (5,000) square feet in floor area.

(Cr. by ORD-20-00018, 2-13-20; Am. by ORD-24-00001, 1-17-24)

Place of Worship.

(a)

(b)

(c)

(Am. by ORD-25-00042, 6-27-25)

Portable Shelter Mission.

(a)

The use shall be accessory to a principal use operated by a religious institution, a governmental entity, or a non-profit organization.

(b)

(c)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

(e)

Property owner shall obtain a campground permit pursuant to Wis. Admin Code Chapter ATCP 79 where applicable.

(Cr. by ORD-13-00177, 10-23-13; Am. by ORD-21-00062, 9-13-21)

Portable Storage Units.

(a)

(b)

When not part of an active building permit, such use is allowed for no more than thirty (30) days per calendar year.

(c)

The portable storage unit(s) may not be located within the front or side yard setbacks unless located in a driveway.

(d)

A temporary use permit is required.

(e)

This use is allowed only for temporary storage of household goods in residential areas.

Real Estate Sales Office.

(a)

Shall be associated with the sale of property in the development where the office is located.

(b)

Use shall not exceed two (2) years from the date of start of construction or one (1) year after the initial occupancy of an improvement, whichever is sooner.

Residential Building Complex.

(a)

Recreational areas may be required to serve the needs of the anticipated population.

(b)

Setback requirements may be reduced as part of the conditional use approval. (Am. by ORD-25-00011, 3-8-25)

(c)

Minimum distances between buildings shall equal the combination of the required side yards for each building, unless reduced by the Plan Commission as part of the conditional use approval.

(d)

An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(e)

(f)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

(g)

Shall be reviewed by the UDC pursuant to Sec. 33.24(4)(c), MGO. (Cr. by ORD-13-00069, 5-8-13)

(h)

All Residential Building Complexes shall be submitted with a plan for building placement, circulation, access and parking, and information on the architectural design of the development.

(i)

Each building in a Residential Building Complex shall provide the lot area and usable open space required for the building type by the zoning district.

(j)

(Am. by ORD-13-00134, 8-14-13)

Restaurant.

(a)

(b)

Must serve food at all hours it is open.

(Cr. by ORD-14-00083, 4-16-14; Am. by ORD-22-00033, 5-19-22; Am. by ORD-25-00042, 6-27-25)

Reuse of Former School, Municipal Buildings or Places of Worship.

(a)

Day care centers.

Elementary and secondary schools.

Arts, technical or trade schools.

Colleges and universities.

Other public educational facilities.

Recreational buildings and community centers, nonprofit.

State or municipal offices.

Offices for health, medical, welfare and other institutions or organizations qualifying as nonprofit under the laws of the State of Wisconsin.

(b)

(Am. by ORD-17-00022, 2-20-17)

School, Arts, Technical or Trade.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(c)

With the exception of facilities located in industrial districts, all activities shall occur within enclosed buildings.

(Cr. by ORD-16-00097, 11-9-16; Am. by ORD-24-00001, 1-17-24)

Schools, Public and Private.

(a)

A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(b)

(Am. by ORD-14-00133, 8-13-14)

Selective Cutting of Timber. On parcels approved for development, selective cutting of timber is limited to areas designated for clearance on recorded plats or certified survey maps.

Service Business.

(a)

In the TE and SE Districts, service businesses shall not exceed five thousand (5,000) square feet in floor area unless approved as a conditional use.

(b)

In the SEC, EC, IL, and IG Districts, service businesses shall be located only within a mixed-use building that includes office or other employment uses.

Sewerage System Lift Station, Water Pumping Stations, Towers, and Electric Substation, Gas Regulator Systems, and Mixing and Gate Stations.

(a)

A landscape plan for these uses shall be approved by the Director of Planning and Community and Economic Development where a permitted use or the Plan Commission when a conditional use.

(b)

In the NMX, MXC, TSS, CC-T, CC and RMX Districts, above-ground lift stations require conditional use approval. (Am. by ORD-21-00008, 2-10-21)

Single-Family Attached Dwelling; Townhouse, Rowhouse.

(a)

(b)

In the TE District, new residential uses shall be adequately separated or buffered from adverse impacts from existing industrial uses.

Single-Family Detached Dwelling. In the NMX, TSS, and CC-T Districts, single family detached dwellings constructed after the effective date of this ordinance require conditional use approval.

Solar Energy Systems.

(a)

(b)

Storage Facility, Personal Indoor Storage.

(a)

No commercial transactions shall be permitted other than the rental of storage units.

(b)

(c)

The use shall take place in a building that is a minimum of two stories. (Cr. by ORD-18-00100, 10-23-18)

Storage Locker (Personal).

(a)

The use shall be operated by a religious institution or non-profit organization.

(b)

An appropriate transition between the use and adjacent property may be required, using landscaping, screening and other site improvements consistent with the character of the neighborhood.

(c)

Storage lockers shall be placed no closer than five (5) feet to any right-of-way.

(d)

No more than ten (10) individual storage lockers may be grouped together on any single zoning lot.

(e)

(f)

(g)

The operator shall provide the Zoning Administrator with a management plan for the storage locker(s). Management plans shall include:

The identity and twenty-four (24)-hour contact information for the owner of the property and, if different from the owner of the property, the operator of the storage locker(s);

A site plan;

A photograph or drawing showing locker design and size;

An explanation of the process used to register users;

A copy of the standard use agreement entered into between the owner/operator and the storage locker user;

A list of rules and regulations governing locker use;

A detailed explanation that the operator may terminate the use of the locker at any time.

A maintenance plan.

(h)

The area surrounding the storage locker(s) shall be well lit at all times and include sufficient waste receptacles that are emptied regularly.

(i)

Lockers shall not be used to store perishable items, illegal items, or flammable substances.

(j)

Storage locker(s) may not be located on a lot that contains a residential building.

(k)

The owner or operator must obtain a license under Sec. 9.26, MGO.

(l)

Any other requirements of this ordinance applicable to principle uses shall not apply to the installation and maintenance of storage lockers.

(Cr. by ORD-16-00109, 12-14-16)

Temporary Outdoor Events.

(a)

There shall be no permanent alteration to the site or construction or alteration of any permanent structure.

(b)

Events include but not limited to, seasonal holiday sales, church, neighborhood or community events, traveling carnivals, and accessory promotional events.

(c)

No event shall last more than one-hundred eighty (180) days per calendar year.

(d)

Any event that lasts for more than forty-five (45) days requires conditional use approval.

(e)

In residential districts, any event that lasts for more than twenty-five (25) days per calendar year or five (5) consecutive days requires conditional use approval.

(f)

All such events require a Temporary Use Permit.

(Am. by ORD-15-00015, 1-28-15)

Tiny House Village.

(a)

The Tiny House Village shall be owned or operated by a non-profit institution, religious institution, or government entity.

(b)

Each Tiny House shall have a smoke detector, carbon monoxide detector and fire extinguisher.

(c)

Only listed vented gas (liquid propane or natural) heaters or electric heat shall be permitted in Tiny Houses.

(d)

Tents and canopies are not permitted on the site except for temporary construction purposes.

(e)

Outdoor fires shall comply with all Madison Fire Department outdoor fireplace regulations. The burning of garbage or waste is prohibited. Grills may be used for cooking.

(f)

Open flame cooking devices or heating elements shall not be used within Tiny Houses.

(g)

The owner or operator shall allow any City of Madison public official presenting proper identification to conduct lawful inspections of the Tiny House Village.

(h)

The maximum occupancy of any portable shelter unit located on the site shall not exceed 2 persons.

(i)

The owner or operator shall submit a Management Plan to the Zoning Administrator for the facility prior to issuance of a certificate of occupancy:

Recommended management plan contents: contact information for individuals living in the Tiny House Village.

(Cr. by ORD-21-00061, 9-13-21)

Tobacco Retailer.

(a)

No tobacco retailer shall be located within one thousand (1,000) feet of the boundary of any residential zone or parcel occupied by:

A public or private kindergarten, elementary, middle, junior high or high school;

A licensed child-care facility or preschool other than a family day care facility;

Playground;

Youth center;

Park;

Library; or

Health care facility.

(b)

(c)

(d)

(Cr. by ORD-15-00054, 5-27-15)

Tourist Rooming House.

(a)

The Tourist Rooming House shall have a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, as required by Sec. 9.29, MGO.

(b)

The Tourist Rooming House shall have a valid license from Public Health Madison and Dane County.

(c)

The owner or operator of the Tourist Rooming House shall register with Treasurer's office and shall pay room tax as required under Sec. 4.21, MGO.

(d)

(e)

(f)

(g)

(h)

If an operator who is operating a TRH pursuant to sub. (f) above occupies the residence at the time of rental, there is no limit to the number of days the Tourist Rooming House may operate.

(i)

(j)

If an operator who is operating a TRH pursuant to sub. (f) above does not occupy the residence at the time of the rental, the TRH may not be rented to Multiple Unassociated Parties at the same time.

(k)

(l)

(m)

(n)

(o)

All advertisements of the tourist rooming house, including advertisements on the website of a Lodging Marketplace, must contain a clearly displayed valid TRH permit number issued under Sec. 9.29.

(Cr. by ORD-13-00185, 11-5-13; Am. by ORD-20-00036, 4-14-20; Am. by ORD-23-00069, 7-20-23)

Towing and Wrecker Service Business. Allowed only when accessory to auto body shop, auto repair station, junkyard, auto service station, and motor vehicle salvage year, scrap yard, or junkyard.

Two-Family Dwelling - Twin.

(a)

(b)

(c)

Each unit shall have separate water services, curb stops, lines and meters. The water service may be split in the terrace, with separate curb stops, lines and meters.

(d)

Each unit shall have separate sanitary sewer service laterals and lines.

(e)

Each unit shall have separate gas and electric meters.

(f)

(g)

(h)

In the TR-C4 district, a Two-Family Dwelling - Twin shall not have an attached garage with a door facing any street. (Cr. by ORD-14-00028, 2-18-14)

(Am. by ORD-17-00127, 12-18-17)

Two-Family Dwelling - Two-Unit. In the NMX, TSS, and CC-T Districts, two-unit dwellings constructed after the effective date of this ordinance require conditional use approval.

Vending Machines.

(a)

Outdoor vending machine shall be accessory only to retail uses, schools, athletic facilities, parks and golf courses.

(b)

For retail uses, outdoor vending machines are allowed only for:

Single-occupant buildings with more than twenty-five hundred (2,500) square feet of floor area. (Am. by ORD-15-00033, 4-8-15)

Individual tenants with at least thirty (30) lineal feet of storefront in a multi-tenant building.

When the product sold in the vending machine also is sold in the principal retail use.

(c)

No individual outdoor vending machine shall exceed five (5) feet in width, three (3) feet in depth and seven (7) feet in height.

(d)

No more than one (1) outdoor vending machine shall be located per building façade.

(e)

Outdoor vending machines shall be flush against the facade of the principal structure, and shall not project into the public right-of-way.

(f)

Outdoor vending machines shall be placed on an impervious surface, such as concrete or asphalt.

(g)

(h)

Veterinary Clinic, Animal Hospital. All activity shall take place within completely enclosed buildings with soundproofing and odor control.

Walk-Up Service Windows.

(a)

If located within ten (10) feet of a public right-of-way, conditional use approval is required.

Wind Energy Systems. Wind energy systems shall comply with Sec. 28.149, MGO. (Am. by ORD-14-00027, 2-18-14)

Yard Sales. A yard sale shall not exceed four (4) days in duration, and no more than one sale shall be held in any three- (3) month period.

(Am. by ORD-23-00022, 3-10-23; Am. by ORD-25-00042, 6-27-25)