Madison, WI Outdoor Cooking: Outdoor Kitchen Permits (2026)

Madison regulates outdoor cooking as a land use under the Zoning Code, Chapter 28. Sec. 28.211 defines an outdoor cooking operation as outdoor preparation of food, including by grilling or smoking, as an accessory use of a restaurant, grocery store, catering business, or other use that prepares food for consumption by the public. The rule therefore reaches businesses that sell food, not a homeowner's backyard grill.

The use tables for the residential, mixed-use and commercial, downtown, employment and special districts each list the operation as "P/C". Sec. 28.032 explains that "P/C" means permitted or conditional, depending on the specific requirements in Supplemental Regulations, Sec. 28.151. Three requirements sort the cases. Under paragraph (a), the operation is a permitted use when it is not within 200 feet of the property line of a lot with a residential use. Under paragraph (b), an operation inside that 200-foot band can be allowed only with conditional use approval. Under paragraph (c), outdoor cooking operations in residential districts are limited to four days in duration, not more than five times a year, unless approved as a conditional use.

A conditional use permit application is filed with the Zoning Administrator and goes to a public hearing before the Plan Commission under Sec. 28.183. Mailed notice of the hearing goes out at least ten days beforehand. The Plan Commission approves, approves with conditions, denies, or places the application on file, and a majority of a quorum decides. It cannot grant the permit unless it finds, among other conditions, that the use will not be detrimental to or endanger the public health, safety, or general welfare, and that the uses, values and enjoyment of other property in the neighborhood will not be substantially impaired or diminished. Under Sec. 28.206, the application fee for conditional uses outside the specially listed categories is $600 plus $100 for each acre over one acre, capped at $2,500.

The applicant, the district Alderperson, or owners of 20 percent or more of the property entitled to notice can appeal the Plan Commission's decision to the Common Council by filing with the Plan Commission Secretary within ten days of the final action. The Council upholds the Plan Commission unless two-thirds of its members reverse or modify the decision, and a person still aggrieved has 30 days after publication of the Council's decision to commence a certiorari action.