Topeka, KS Garage & Yard Sales: Frequency, Duration & Permits (2026)
Key Facts
- Max duration
- 4 consecutive calendar days per sale
- Max frequency
- Twice within any 12-month period
- Allowed districts
- R, M, MS-1, X, D, RR-1
- Enforcing agency
- Planning and Development Director
- Appeal body
- Board of Zoning Appeals
- General penalty
- $1-$499 fine or up to 179 days jail
Summary
Topeka allows garage sales as an accessory use to a residential dwelling in the R, M, MS-1, X, D, and RR-1 zoning districts, but caps every sale at four consecutive calendar days and limits households to two sales in any 12-month period. Shawnee County residents outside city limits follow separate county rules, not this Topeka Municipal Code section.
18.210.030 Garage sales. A "garage sale," as defined by TMC 5.140.020, is permitted when accessory to a residential dwelling in an R, M, MS-1, X, D, or RR-1 zoning district but shall be restricted to not more than four consecutive calendar days and occurring not more than twice within a 12-month period. (Ord. 20207 § 24, 9-10-19.)
5.140.020 Garage sale defined. A "garage sale" is hereby defined to be and include all sales commonly known or advertised as a garage sale, lawn sale, attic sale, rummage sale or any similar casual sale of tangible personal property, lasting not more than four consecutive calendar days and occurring not more than twice within a 12-month period. (Code 1981 § 38-18. Code 1995 § 114-37.)
Full Breakdown
030 treats a garage sale as an accessory use, meaning it rides on top of the residential use of the lot rather than standing alone as a business. The section permits the sale in the R (single- and two-family residential), M (multi-family), MS-1 (mixed suburban), X (mixed use), D (downtown), and RR-1 (rural residential) zoning districts, and restricts it to not more than four consecutive calendar days, occurring not more than twice within a 12-month period. 020 supplies the operative definition: a garage sale "is hereby defined to be and include all sales commonly known or advertised as a garage sale, lawn sale, attic sale, rummage sale or any similar casual sale of tangible personal property," carrying the same four-day, twice-a-year cap into the definition itself. 030 (also twice per 12 months at a single-family residence). 120, with appeal of any adverse determination running to the Board of Zoning Appeals.
Violations & Fines
A garage sale that runs longer than four consecutive days, or that is the third sale at the same address within 12 months, is a zoning code violation. Absent a more specific penalty, TMC 1.10.070's general penalty applies: a fine of $1.00 to $499.00, up to 179 days in the City jail, or both, and each day the violation continues counts as a separate offense.
Frequently Asked Questions
How many garage sales can I have per year in Topeka?
What counts as a "garage sale" under Topeka's code?
Which Topeka zoning districts allow garage sales?
What happens if I hold a garage sale too often?
Sources & Official References
Other rules in Topeka
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