City of Madison - File #: 04601

• File #: 04601
• Version: 2
• Name: 11/7 regulation of yard sales
• Type: Ordinance
• Status: Passed
• File created: 9/25/2006
• In control: PLAN COMMISSION
• On agenda: 11/7/2006
• Final action: 11/7/2006
• Enactment date: 11/23/2006
• Enactment #: ORD-06-00153
• Title: SUBSTITUTE - Amending Section 28.03(2) of the Madison General Ordinances to add yard sales as an accessory use and add a definition of yard sale, and amending Sections 28.08(2)(b)8., 28.08(9)(b)7. and 28.08(11)(b)7. of the Madison General Ordinances to add yard sales, with limits on duration and frequency, as a specific accessory use in residential districts.
• Sponsors: Paul E. Skidmore, Noel T. Radomski

Date	Ver.	Action By	Action	Result
11/7/2006	2	COMMON COUNCIL	Adopt and Close the Public Hearing	Pass
10/31/2006	2	Attorney's Office/Approval Group	Approved As To Form
10/31/2006	2	Attorney's Office	Fiscal Note Required / Approval
10/31/2006	2	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES)
10/23/2006	1	PLAN COMMISSION	RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARING	Pass
10/3/2006	1	COMMON COUNCIL	Refer For Public Hearing
9/27/2006	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
9/27/2006	1	Attorney's Office	Referred for Introduction
9/25/2006	1	Attorney's Office/Approval Group	Approved As To Form
9/25/2006	1	Attorney's Office	Fiscal Note Required / Approval

Fiscal Note
No appropriation required.
Title
SUBSTITUTE - Amending Section 28.03(2) of the Madison General Ordinances to add yard sales as an accessory use and add a definition of yard sale, and amending Sections 28.08(2)(b)8., 28.08(9)(b)7. and 28.08(11)(b)7. of the Madison General Ordinances to add yard sales, with limits on duration and frequency, as a specific accessory use in residential districts.
Body
DRAFTER'S ANALYSIS: The intent of this amendment is to recognize yard sales as a specific accessory use in residential districts and to designate limitations on their duration and frequency.
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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 amending or adding therein the following:

" 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 floor 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 ...