City of Madison, Wisconsin | Legislative Information Center
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File #: 51574    Version: Name: Allow free-standing vending in most residential districts
Type: Ordinance Status: Passed
File created: 5/7/2018 In control: PLAN COMMISSION
On agenda: 7/10/2018 Final action: 7/10/2018
Enactment date: 7/20/2018 Enactment #: ORD-18-00068
Title: SUBSTITUTE Amending Sections 28.211, 28.032, 28.061, 28.072, 28.082, 28.091, and 28.151 of the Madison General Ordinances to allow free-standing vending on private property.
Sponsors: Michael E. Verveer, Zach Wood
Attachments: 1. Substitute Body, 2. Version 1, 3. Minear comments_06-18-18.pdf, 4. Schroeder comments_06-18-18.pdf, 5. Lehnertz comments_06-18-18.pdf, 6. Zoning_Text_Memo_070218.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
7/10/20182 COMMON COUNCIL Adopt as Substituted and Close the Public HearingPass Action details Meeting details Not available
7/2/20181 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
6/19/20181 COMMON COUNCIL Re-refer for Recessed Public HearingPass Action details Meeting details Not available
6/18/20181 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
6/4/20181 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARINGPass Action details Meeting details Not available
5/30/20181 VENDING OVERSIGHT COMMITTEE Return to Lead with the Following Recommendation(s)Pass Action details Meeting details Not available
5/15/20181 PLAN COMMISSION Refer  Action details Meeting details Not available
5/15/20181 COMMON COUNCIL Refer For Public HearingPass Action details Meeting details Not available
5/7/20181 Attorney's Office/Approval Group Referred for Introduction  Action details Meeting details Not available
Fiscal Note
The proposed ordinance amendments allows free-standing vending, which will be set up and taken down daily, on private property in certain zoning districts. This ordinance effectively allows food carts on private property in many areas of City where they are currently prohibited. The proposed ordinance includes many of the same operational requirements contained in the street vending ordinance to ensure a new class of vending carts are created. No additional City appropriation is required.
Title
SUBSTITUTE Amending Sections 28.211, 28.032, 28.061, 28.072, 28.082, 28.091, and 28.151 of the Madison General Ordinances to allow free-standing vending on private property.
Body
DRAFTER'S ANALYSIS: This substitute ordinance was necessary to substitute a new definition for free-standing vending, add technical requirements, and to change the use status in various zoning districts.

Under this substitute ordinance, free-standing vending continues to be prohibited in all districts if
located on a zoning lot containing residential uses. In non-residential districts, free-standing vending is a permitted use if it located more than 200 feet from the property line of a lot with a residential use and is a conditional use if located 200 feet or less from the property line of a lot with a residential use.

The supplemental regulations also 1) set hours of operations, 2) set licensing and operations requirements, 3) require a City-approved site plan, 4) provide a 25-foot distance separation requirement between any free-standing vending operation and a brick and mortar restaurant or restaurant-tavern (unless specifically allowed by that business owner), and provide other regulations to be enforced by the Zoning Administrator.

Finally, in adopting many of the same operational requirements contained in the street vending ordinance (Sec. 9.13, MGO) this ordinance ensures that the City is not creating a new class of vending carts in terms of cart size, noise require...

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