#7 Introduce and schedule a public hearing on proposed text amendment to nonconforming use section in zoning ordinance (File Ord. #2011-502)
Community Development Department Memorandum
Date: November 28, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Introduce, refer to Plan Commission and schedule a public hearing on a
proposed ordinance amending the City of Janesville Zoning Ordinance to
add an exemption to the nonconforming discontinuance section for single
and two-family historic residential structures (File Ordinance No. 2011-
502).
The Community Development Department has prepared attached Ordinance No. 2011-
502 which amends Section 18.32.050 of the Code of General Ordinance. Currently, if a
nonconforming use of a building, structure, or premises is discontinued for a continuous
period of twelve months, it shall not be renewed and any subsequent use of the
building, structure, or premises shall conform to the regulations of the district in which
the property is located. This amendment will exempt single and two-family residential
structures used for residential purposes which are individually listed on the National
Register of Historic Places, as well as single and two-family dwellings located within an
Historic Overlay District from the nonconforming discontinuance section. This will allow
historic single and two-family residential structures to be re-established for residential
occupancy under the nonconforming use provisions of the Zoning Ordinance. The
intent of this amendment is to encourage on-going preservation and reuse of historic
residential structures that have been placed on the National Register of Historic Places.
The Community Development Department recommends that following the first reading
of Ordinance No. 2011-502, it be referred to the Plan Commission for review and
recommendation and then scheduled for City Council public hearing on January 9,
2012.
cc: Duane Cherek
Eric Levitt
Jay Winzenz
ORDINANCE NO. 2011-502
An ordinance amending the City’s Zoning Ordinance with regard to the nonconforming
discontinuance section by adding an exemption to this section for historic single and two-family
residential structures of JGO Chapter 18, with penalties for violations thereof as set forth as
applicable in JGO 18.28.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 18.32.050 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
18.32.050 NONCONFORMING BUIDLINGS, STRUCTURES AND USES.
E. Discontinuance.
If the nonconforming use of a building, structure, or premises is
discontinued for a continuous period of twelve months, it shall not be renewed and any
subsequent use of the building, structure, or premises shall conform to the regulations
of the district in which such building, structure, or premises is located. Exempt from this
section are single and two-family residential structures used for residential purposes
which are individually listed on the National Register of Historic Places or single and
two-family residential structures used for residential purposes within a Historic Overlay
District.
SECTION II.
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
McDonald
Dongarra-Adams
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Liebert
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