Fiscal Note
No expenditure required.
Title
Amending Section 28.03(2) of the Madison General Ordinances to add secondary dwelling units to the definition of accessory building or use and to create a definition of "secondary dwelling unit" and creating Sections 28.08(15)(b)2., 28.08(16)(b)2., and 28.08(17)(b)2. of the Madison General Ordinances and to make secondary dwelling units a permitted use in the R2T, R2Y and R2Z districts.
Body
The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 28.03 entitled "Rules and Definitions" of the Madison General Ordinances is amended by adding or amending therein the following:
"Secondary Dwelling Unit. An attached or detached dwelling unit with a maximum size of six-hundred forty (640) square feet that is located on the same lot as a single-family dwelling and is part of subdivision plat approved after August 1, 2004."
"Accessory Building Or Use. An accessory building or use is one which:
1. Is customary and clearly incidental to the principal building or principal use;
2. Serves exclusively the principal building or principal use;
3. Is subordinate in area, extent or purpose to the principal building or principal use served or is a secondary dwelling unit;
4. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
5. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
An accessory building or use includes, but is not limited to, the following:
1. A children's playhouse, garden house or private greenhouse;
2. A garage, carport, compost bin, shed or building for storage incidental to a permitted use;
3. Incinerators incidental to a permitted use;
4. Storage of goods used in or produced by permitted manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by the district regulations;
5. The production, processing, cleaning, servicing, testing, repair or storage of merchandise normally incidental to a permitted retail service or business use if conducted by the same ownership as the principal use;
6. Off-street motor vehicle parking areas and loading facilities; and
7. Signs, as permitted and regulated in each district incorporated in this ordinance.
8. Keeping of chickens, as permitted and regulated in each district incorporated in this ordinance.
9. Secondary dwelling units."
2. Paragraph 2. of Subdivision (b) entitled "Permitted Uses" of Subsection (15) entitled "R2T Single-Family Residence District " of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"2. Secondary dwelling units, provided that:
1. No more than one (1) secondary dwelling unit may be located on a lot.
2. The lot is a corner lot or abuts an alley.
3. The lot has a minimum area of five thousand (5,000) square feet.
4. The lot has a minimum width of sixty (60) feet.
5. An attached secondary dwelling unit shall be part of the single family dwelling on the same lot for the purpose of the bulk requirements of the district. Any secondary dwelling unit connected to the single-family dwelling is considered attached.
6. A detached secondary dwelling unit shall be located only above a detached garage of the single-family dwelling on the same lot.
7. A detached secondary dwelling unit shall be located a minimum of five (5) feet from a side or rear lot line, unless the lot is adjacent to an alley, in which case it shall be located a minimum of three (3) feet from the rear lot line.
8. The height of a secondary dwelling unit shall be as specified for the district.
9. The usable open space requirements for a detached secondary dwelling unit shall be fifty percent (50%) of the usable open space requirement in the district.
10. The single-family dwelling on the lot shall be owner-occupied.
11. The entryway to the secondary dwelling unit shall be connected to a street frontage with a paved walkway.
12. The secondary dwelling unit shall have a separate entrance from the single-family dwelling."
3. Paragraph 2. of Subdivision (b) entitled "Permitted Uses" of Subsection (16) entitled "R2Y Single-Family Residence District " of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"2. Secondary dwelling units, provided that:
1. No more than one (1) secondary dwelling unit may be located on a lot.
2. The lot is a corner lot or abuts an alley.
3. The lot has a minimum area of five thousand (5,000) square feet.
4. The lot has a minimum width of fifty (50) feet for corner lots and sixty (60) feet for interior lots.
5. An attached secondary dwelling unit shall be part of the single family dwelling on the same lot for the purpose of the bulk requirements of the district. Any secondary dwelling unit connected to the single-family dwelling is considered attached.
6. A detached secondary dwelling unit shall be located only above a detached garage of the single-family dwelling on the same lot.
7. A detached secondary dwelling unit shall be located a minimum of five (5) feet from a side or rear lot line, unless the lot is adjacent to an alley, in which case it shall be located a minimum of two (2) feet from the rear lot line.
8. The height of a secondary dwelling unit shall be as specified for the district.
9. The usable open space requirements for a detached secondary dwelling unit shall be fifty percent (50%) of the usable open space requirement in the district.
10. The single-family dwelling on the lot shall be owner-occupied.
11. The entryway to the secondary dwelling unit shall be connected to a street frontage with a paved walkway.
12. The secondary dwelling unit shall have a separate entrance from the single-family dwelling."
4. Paragraph 2. of Subdivision (b) entitled "Permitted Uses" of Subsection (17) entitled "R2Z
Single-Family Residence District " of Section 28.08 entitled "Residence Districts" of the Madison General Ordinances is created to read as follows:
"2. Secondary dwelling units, provided that:
1. No more than one (1) secondary dwelling unit may be located on a lot.
2. The lot is a corner lot or abuts an alley.
3. The lot has a minimum area of five thousand (5,000) square feet.
4. The lot has a minimum width of fifty (50) feet for corner lots and sixty (60) feet for interior lots.
5. An attached secondary dwelling unit shall be part of the single family dwelling on the same lot
for the purpose of the bulk requirements of the district. Any secondary dwelling unit connected
to the single-family dwelling is considered attached.
6. A detached secondary dwelling unit shall be located only above a detached garage of the single-family dwelling on the same lot.
7. A detached secondary dwelling unit shall be located a minimum of five (5) feet from a side or rear lot line, unless the lot is adjacent to an alley, in which case it shall be located a minimum of two (2) feet from the rear lot line.
8. The height, lot area per dwelling unit, and usable open space requirements for detached secondary dwelling units shall be as specified for the district.
9. The usable open space requirements for a detached secondary dwelling unit shall be fifty percent (50%) of the usable open space requirement in the district.
10. The single-family dwelling on the lot shall be owner-occupied.
11. The entryway to the secondary dwelling unit shall be connected to a street frontage with a paved walkway.
12. The secondary dwelling unit shall have a separate entrance from the single-family dwelling."