#2 Public hearing and action on amendments regarding detached structures (File Ord. #2011-473)Community Development Department Memorandum
Date: January 12, 2011
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Second reading, public hearing and action on a proposed ordinance for a
comprehensive text amendment to change the Zoning and Building Codes
with regard to detached structures (File Ordinance No. 2011-473).
_____________________________________________________________________
SUMMARY
The attached ordinance amending the City’s Zoning and Building Regulations for the
construction of detached structures and setbacks as set forth in the City of Janesville
Code of General Ordinance Chapters 15 and 18 was previously adopted by the City
Council on September 27, 2010 as Ordinance No. 2010-459. Following this action, the
City Clerk discovered that the Gazette failed to publish a Class 2 notice advertising the
public hearing before Council on this item. State Statutes require a Class 2 notice be
published for zoning ordinance amendments. Failure by the Gazette to publish the
notices requires that a new public hearing notice be advertised. A new ordinance
number was assigned to this item because of its review in 2011.
Proper Class 2 notices have been published and a public hearing rescheduled for
Council review and adoption of the new ordinance.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that
following the required public hearing, the City Council support a motion to adopt
Ordinance No. 2011-473 amending the Zoning and Building ordinances with regard to
detached structures. Council should note that no changes to the originally adopted
ordinance have been applied; only the ordinance number has changed.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission recommendation.
SUGGESTED MOTION
A motion to adopt Revised Ordinance No. 2011-473 amending the Zoning and Building
codes regarding detached structures.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2011- 473
An ordinance amending the City’s Zoning and Building Regulations with regard to the
construction of detached structures and setbacks as set forth in JGO Chapters 15 and 18
applicable Chapters of Janesville’s Code of General Ordinances, with penalties for violations
thereof as set forth respectively as applicable in JGO 18.28.010 and 15.02.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 18.20.465 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“18.20.465 GARAGE
. “Garage” means a building or portion thereof that is greater than
120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other
volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may
also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or
other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.”
A.
"Garage" means a building or portion thereof in which a motor vehicle containing
gasoline, distillate, or other volatile, flammable liquid in its tank may be stored, prepared or kept.
B.
"Private Garage" means a garage in which motor vehicles used only by the
occupants of the building or buildings on the premises may be stored or kept.
C.
“Attached Private Garage," means a private garage that is attached directly to the
principal building, attached to the principal building by means of an enclosed or open breeze-
way, porch, or vestibule, constructed so as to form an integral part of the principal building,
constructed in the basement of the principal building, or otherwise situated that any portion of it
lies in front of an imaginary line extending across the lot, said lot being five feet in back of and
parallel to the rear-most portion of the principal building, whether or not such garage is
physically attached to the principal building. However, on any corner lot a garage which is more
than 10 feet from the nearest portion of the principal building shall be considered a detached
private garage.
D.
"Detached private garage" means a private garage more than 120 square feet in size,
entirely separated from the principal building and not defined as an attached garage.
DETACHED GARAGE DETACHED GARAGE
STANDARD LOT CORNER LOT
DELETE PICTURES
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SECTION II.
Section18.20.466 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.466 GARAGE, ATTACHED.
“Attached garage” shall mean a garage
which meets or exceeds one or more of the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
e. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure.”
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SECTION III.
Section18.20.467 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.467 GARAGE, DETACHED.
“Detached garage” shall mean a garage
entirely separated from the principal building and which meets or exceeds one or more of the
following:
a. situated so that any portion of any garage wall lies on or to the rear ofan
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building.”
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SECTION IV.
Section 18.20.565 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
“18.20.565 LIVING AREA.
“Living area” means the gross floor area of living space
within the principal building, excluding porches, decks, breezeways, garages, and basements,
regardless of whether or not these areas are finished.”
SECTION V.
Section 18.32.100 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“18.32.100 ACCESSORY BUILDINGS (ATTACHED AND DETACHED),
DETACHED PRIVATE GARAGES, STRUCTURES, AND USES
. The following
regulations shall govern accessory buildings, structures, and uses.
A
. Accessory buildings, attached and detached private garages, structures, and uses
shall be compatible with the principal use and shall not be established prior to the establishment
of a principal use on a lot.
B
. Except as otherwise regulated herein, any accessory building or structure
hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:
1
. No detached private garage or accessory building shall be nearer than five
feet from the nearest portion of any other building on the lot.
2.
All detached garages and accessory buildings must comply with the front
yard and corner sideyard setback requirements as described within each zoning district.
3.
No detached private garage or accessory building directly adjacent to a
principal building shall be less than eight feet from any interior side lot line and ten feet from the
principal building.
4.
When a detached garage or accessory structure is located to the rear of the
closest perpendicular line of the principal building, no detached structure shall be less than the
distance(s) described in Section 18.20.467 from the principal structure.
C
. No detached private garage or accessory building “accessory” to a residence shall
have more than one story or exceed fourteen feet in height, measured from floor to peak of roof.
The building official may authorize a greater building height not to exceed twenty-two feet for
private detached garages which are located in a district listed on the National Register of Historic
Places or in a historic overlay district, but only in order to construct a roof pitch to be
compatible with the roof pitch of the principal building.
D
. Attached private garages shall be considered part of a principal building and shall
comply with the setbacks for a principal building.
E
. Detached private garages shall comply with the setbacks for accessory buildings.
F
. No accessory building “accessory” to a one or two family residence shall be
greater than 120 square feet in area. No detached private garage “accessory” to a one or two
family residence shall be greater than 750 square feet in area. No attached garage “accessory” to
a one or two family residence shall be greater than the gross “living area” of the principal
building as defined in Section 18.20.565.
G
. For each dwelling unit in a single or two family residence there shall be no more
than one accessory building and no more than one detached private garage.”
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SECTION VI.
Sections 18.36.020 B.1.f.i., B.2.f.i., B.3.f.i., B.4.f.i., B.5.f.i., and B.6.f.i. of the
Code of General Ordinances of the City of Janesville are hereby amended to read as follows:
18.36.020 B.1. R1 - Single-Family and Two-Family Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.2. R1D - Two-Family Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.3. R2 – Limited General Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.4. R3M - Medium Density Residence District
.
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.5. R3 – General Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
18.36.020 B.6. R4 – Central Residence District
“f. Minimum setback requirements for accessory uses structures:
i.
Front yard, five feet to the rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;”
SECTION VII.
Section 15.01.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“Section 15.01.040 - ADOPTION OF "WISCONSIN ADMINISTRATIVE CODE"
The Wisconsin Administrative Code for 1 and 2 Family Dwellings, also known as the Wisconsin
Uniform Dwelling Code, ILHR including but not limited to Comm 20-25 and 60-66, as from
time to time amended or renumbered, and The Building and Heating, Ventilation and Air
Conditioning Code, ILHR 50-64, is adopted by reference and made a part of this chapter and title
as if fully set forth herein. Any act required to be performed or prohibited by such code
incorporated hereby by reference is required or prohibited by this chapter. This section adopts
such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend,
modify, change or add to the Wisconsin Administrative Code as adopted above.”
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SECTION VIII.
Sections 15.01.050 C. and D. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
“Section 15.01.050 - APPLICATION OF CODE
COne and Two Family Dwellings
. - The City’s one and two family dwelling code
and related City ordinances shall apply to new and existing one and two family dwellings, and to
parts thereof, which are hereafter erected or altered. Residential detached garages and accessory
buildings are subject to the Wisconsin Uniform Dwelling Code for One- and Two- Family
Dwellings and are included within the scope of this code.
D
. All buildings and structures used for occupancy as specified in ILHR 54-62 the
Wisconsin Uniform Dwelling Code [Comm 60-66] shall conform to the applicable requirements
of the Wisconsin Administrative Building Code or and City of Janesville General Ordinances.”
SECTION IX.
Section 15.01.050 G. of the Code of General Ordinances of the City of Janesville
is hereby repealed:
G.Cold Storage Warehouse Use
- Buildings or structures without continuous four
foot (4') footings shall only be allowed in industrial zoned property for cold storage warehouse
use. Concrete floors must be installed in buildings. No water and sewer laterals or heating
devices may be installed in or to such buildings.
SECTION X.
Sections 15.01.200 A. and H. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
“Section 15.01.200 - GENERAL DEFINITIONS
AAccessory Building
. - A part of a principal building, or a supplemental building
located on the same lot with a principal building and generally used for storage, private garage,
or other use customarily incident to a residence use. A building that is less than or equal to 120
square feet, is incidental and subordinate to the principal building, serves the principal building
exclusively, and is detached from but located on the same lot with such principal building.)”
“HGarage
. - A building or portion thereof in which a motor vehicle containing
gasoline, distillate, or other volatile, flammable liquid in its tank is stored, repaired, or kept. A
building or portion thereof that is greater than 120 square feet in area and in which a motor
vehicle or equipment containing gasoline, distillate, or other volatile flammable liquid in its tank
may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles
(including electric vehicles), tools, gardening equipment, or other vehicle or equipment that
includes gasoline or other volatile flammable liquid in its tank.”
SECTION XI.
Section 15.01.230 of the Code of General Ordinances of the City of Janesville is
hereby repealed:
Section 15.01.230 - FOOTINGS
All footings shall be cast in forms upon undisturbed earth.
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SECTION XII.
Sections 15.01.240 A., B., and C. of the Code of General Ordinances of the City
of Janesville are hereby amended to read as follows:
“Section 15.01.240 – FOOTINGS AND FOUNDATIONS
A
. One & Two family foundations and footings shall be designed and constructed to
conform with the construction standards set forth in the Wisconsin Administrative Code.
additions maybe trenched in eight (8") inch wide by forty-eight (48") inches deep foundation
walls where self standing soil conditions prevail. The building Inspector shall determine if the
soil conditions are appropriate for trenching.
B
. All public buildings with the exception of mini warehouses (as defined by the
Wisconsin Administrative Code) shall have a continuous foundation wall forty-eight (48") inches
in depth below grade. All footings and foundation walls shall be cast in forms on undisturbed
earth.
The following buildings are allowed to be constructed with floating slab-on-grade construction
(provided no water or sewer laterals or heating devices are installed in or to such buildings):
1. Mini warehouses
(as defined by the Wisconsin Administrative Code
and COJ General Zoning Ordinances).
2.Detached garages
for single-family and two-family residences and
multi-family dwelling units.
3. Cold Storage warehouses
in industrial zoned property.
C.
Accessory buildings (in permitted zoning districts) less than or equal to 120
square feet are exempt from footing and foundation requirements. They may be constructed on a
floating slab at the discretion of the property owner.”
SECTION XIII.
Sections 15.01.250 A.1., A.2., and A.3. of the Code of General Ordinances of
the City of Janesville are hereby amended with illustrations to read as follows:
“Section 15.01.250 - GARAGES - GENERAL REQUIREMENTS
A. Definitions
1.
Attached private garage means a private garage which is attached directly
to the principal building, attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building, constructed in the basement of the principal building, or otherwise situated that any
portion of it lies in front of an imaginary line extending across the lot, said line being 5 feet back
of and parallel to the rear-most portion of the principal building, whether or not such garage is
physically attached to the principal building. However, on any corner lot, a garage which is
more than 10 feet from the nearest portion of the principal building shall be considered a
detached garage. “Attached garage” shall mean a garage which meets or exceeds one or more of
the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
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e. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure.
2.
Detached private garage shall mean a private garage more than 120 square
feet entirely separated from the principal building and not defined as an attached garage under
(1) above. “Detached garage” shall mean a garage entirely separated from the principal building
and which meets or exceeds one or more of the following:
a. situated so that any portion of any garage wall lies on or to the rear ofan
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
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closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building.
3.“
Living area” means the gross floor area of living space within the
principal building, excluding porches, decks, breezeways, garages, and basements, regardless of
whether or not these areas are finished. One-hour fire-resistive construction shall include the
following assemblies and materials:”
a
. Two (2") inch brick or stone veneer.
b.
Metal lath or perforated rock lath and three-fourths (3/4") inch of
plaster.
c
. Five-eighths (5/8") inch fire code gypsum plaster board.
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SECTION XIV.
Sections 15.01.250 B., C., D., E., and F. of the Code of General Ordinances of
the City of Janesville are hereby amended to read as follows:
“B.Size
1.
Detached private garages shall not be constructed larger than 750 square
feet in area.
2.
Attached garages shall not be constructed larger than the gross “living
area” of the principal building, excluding porches, decks, breezeways, and basements, regardless
of whether or not these areas are finished.
C.Foundations and footings
1.
Attached private garages shall be provided with the same type footings
and foundations as required herein for the principal building.
2.
Detached private garages may be built with a continuous floating slab of
reinforced concrete not less than four (4") inches in thickness. In place of footings, the perimeter
edges of the slab shall be thickened to a minimum of 8” x 12”. Reinforcement shall be a
minimum of 6" x 6" No. 10 x 10 wire mesh. Bolts 3/8 ½ inch in diameter with nuts and washers
attached, 6 inches long, shall be embedded 3 5 inches in the concrete curb of detached garages 8
feet on centers at a maximum spacing of 72 inches apart or other methods approved by the
Building Department.
D.Floor Surface
- The floor in all private garages shall be of concrete construction.
No openings or pits in the floor shall be permitted, except for drainage to the sanitary sewer
system.
E.Construction
- Private gGarages, whether attached or detached, shall be
constructed in compliance with the Wisconsin Uniform Dwelling Code, Comm 20-25,
Wisconsin Administrative Code. Residential detached garages and accessory buildings are
included in the scope of this code. Commercial detached garages are required to meet the
standards of the Wisconsin Commercial Building Code. as follows: (See detail (B) for detached
garages).
1
. Load bearing foundation walls and piers, masonry walls, and partitions
shall be constructed as regulated herein except as stated above.
2
. Detached private garages of wood frame construction shall be constructed
with the following minimum requirements:
a
. Studs may have a maximum spacing of twenty-four (24") inches
on centers.
b.
Diagonal corner bracing may be applied on the inside surface of
studs.
c.
Corner posts may consist of two (2) two by four (2" x 4") inch
studs or an single four by four (4" x 4") inch stud.
d
. Horizontal bracing and collar beams may be two by six (2" x 6")
inch with a maximum spacing of four (4') foot on centers.
3.
Framing and construction of an attached garage shall be of the same type
as that of the principal building and as further regulated in this code. Such requirements shall
include carports.
F.
Heating equipment in attached and detached garages or accessory buildings shall
comply with the standards as set forth in the Wisconsin Administrative Code, Comm 23.”
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Additional regulations for attached Private Garages
- Attached private garages shall comply
with the following regulations:
1.
All walls in common with a principal building and attached private garage
shall be of not less than one hour fire-resistant construction on garage interior.
2.
Where an attached private garage is part of a building having habitable
rooms over such garage, there shall be provided a horizontal and vertical separation between the
two occupancies of not less than one-hour fire-resistant construction on garage interior.
3.
An attached private garage may have a door connecting directly into the
principal building provided that floor of such garage is at least eight (8") inches below the floor
of such principal building. Such door shall be a self- closing metal clad door or solid wood
door not less than one and three-quarter (1 3/4") inches in thickness. A maximum one hundred
(100) square inches of one-quarter (1/4") inch stationary wire glass window may be permitted in
such door.
4.
Boilers, furnaces or other heating equipment used in connection with the
principal building shall not be installed in private garages. There shall be no openings from a
private garage which shall lead directly to a boiler or furnace room unless they conform to the
requirements for openings directly to the house. Heating equipment in private garages shall be
limited to steam or hot water piping. Unit heaters approved for installation in public garages
may be used.”
SECTION XIII.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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