#2 Public hearing and action to add an exemption to nonconforming use section for single and two-family historic residential structures (File Ord. #2011-502)
Community Development Department Memorandum
Date: January 9, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
amending the City of Janesville Zoning Ordinance to add an exemption to
the nonconforming use section for single and two-family historic residential
structures (File Ordinance No. 2011-502).
SUMMARY
The Community Development Department has prepared attached Ordinance No. 2011-
502 which amends Section 18.32.050 of the City’s Zoning Ordinance – Nonconforming
Structures and Uses. Currently, if the use of a building classified as nonconforming is
abandoned or discontinued for a period of twelve consecutive months, it may not be
renewed and any subsequent use of the building must conform to the regulations of the
zone district in which the property is located. The intent of this code is to bring
nonconforming land uses into conformance with district regulations when that use is
discontinued. The proposed amendment will add an exemption to the nonconforming
section of the code to allow re-occupancy of historic structures for single and two-family
dwelling purposes if the use has been discontinued. The ordinance would only affect
structures located within an Historic Overlay District or those buildings individually listed
on the National Register of Historic Places.
DEPARTMENT RECOMMENDATION
The Community Development Department and the Plan Commission recommend that
following a public hearing, the City Council support a motion to adopt Ordinance No.
2011-502 amending Section 18.32.050 of the City’s Zoning Ordinance – Nonconforming
Structures and Uses.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2011-502 amending Section 18.32.050 of the City’s
Zoning Ordinance – Nonconforming Structures and Uses.
ANALYSIS
A. The basic purpose of the nonconforming section of the Zoning Ordinance is to
recognize that certain land uses are legally permitted to remain (i.e. grandfathered)
even though they may no longer comply with the standards of a particular zone
district. Properties classified as nonconforming are typically created at the time a
new zoning ordinance is adopted, or rezoning of property remaps the district in
which the site is located. Nonconforming properties generally fall into two
classifications; nonconforming uses and properties that do not meet the dimensional
requirements of the underlying zone district, such as insufficient setbacks, parking
availability, greenspace or lot size. This proposed amendment does not impact
properties considered nonconforming due to dimensional inadequacies.
B. The City of Janesville has an impressively high concentration of historic buildings
within the City, many of which are located in or near the Downtown. A majority of
these buildings include residential structures that have been continuously used for
residential purposes since original construction and most are located in residential
zone districts. Others have been converted to an alternative use or included within a
non-residential zone district. In instances where a residential use is maintained but
the zoning has changed, the property is recognized as legally nonconforming.
However, once the residential use is discontinued for a period of twelve consecutive
months, it cannot be renewed unless brought into compliance with existing zoning
on the property. For certain historic buildings, it is very difficult, if not impractical, to
convert the residential structure to an appropriate alternative use. This leaves few
options available for reuse of the building beyond a rezoning of the property and
rezoning is not always feasible since those actions are required to be consistent with
the City’s Comprehensive Plan.
C. In an effort to promote the preservation of historic structures which are
predominantly residential in character, staff has prepared an amendment that would
allow for re-occupancy of nonconforming structures that are individually listed on the
National Register of Historic Places or located within an Historic Overlay District.
This would be accomplished by amending the “Discontinuance” section of the
Zoning Ordinance that applies to nonconforming buildings to create an exemption
provision. That provision, as drafted, allows for re-occupancy of historic structures
for single and two-family residential dwelling purposes only.
D. This amendment will allow historic residential structures to be used for residential
purposes even if the property has lost its legal nonconforming status because
residential use was discontinued for a period of twelve consecutive months. As a
result, the amendment provides more flexibility in the reuse of historic residential
structures. There are currently 23 properties individually listed on the National
Register of Historic Places and the Court House Hill Overlay District includes
approximately 346 properties. The City owns a single-family residential structure
located at 2739 Beloit Avenue. This property, referred to as the Hugunin House, is
on the National Register of Historic Places. The structure is located on land zoned
M1, Light Industrial District and the structure has been vacant for over 12
consecutive months. The Zoning Ordinance currently prohibits the re-establishment
of a residential use of the property since that activity is prohibited in the M1 Zone
District and the property has lost its legal nonconforming use status. The proposed
amendment if approved would allow the Hugunin House to be utilized for single-
family dwelling purposes once again.
E. This amendment furthers the City’s goals of preserving historic structures which is
consistent with the City’s Comprehensive Plan. Additionally, the Comprehensive
Plan identifies historic structures as important for maintaining Janesville’s culture
and history and improving its quality of life attributes.
PLAN COMMISSION ACTION – 19 DECEMBER 2011
Brad Schmidt, Associate Planner, presented the written staff report.
Commissioner Voskuil asked who was requesting this text amendment and how many
properties would it affect. Cherek responded that the Administration is requesting the text
amendment and that the ordinance was written to pertain only to structures individually listed on
the National Register, or within the Courthouse Hill Overlay District, which includes
approximately 300 structures in total. Cherek added, however, that the scope of application is
fairly limited because a majority of those properties are zoned residential or office where single
or two-family uses are already permitted. Cherek said that the amendment is consistent with
the Comprehensive Plan and will allow some ability for continued residential use of those
buildings as they were originally designed and utilized.
The public hearing was closed.
Commissioner Madere asked if the text amendment applies only to the discontinuance of
nonconforming uses section of the ordinance and Cherek stated that it did. Commissioner
Madere asked if the building at 2739 Beloit Avenue (which could benefit from this ordinance
amendment) could be moved to a different location and Cherek stated that because of the size,
age and structural condition of the building, it would be impractical and unfeasible.
There was a motion by Commissioner Consigny with a second by Commissioner Madere to
forward the proposed zoning ordinance text amendment to the City Council with a favorable
recommendation.
Commissioner Consigny commented that he felt the house at 2739 Beloit Avenue represents
the difference between a truly historic piece of property and a property that is old. He further
stated that when a historic property such as this is converted from residential to commercial,
conversion back to a residence should be supported.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
The proposed zoning text amendment would allow historic residential structures to be
re-established for single and two-family residential occupancy under the Nonconforming
Use section of the Zoning Ordinance. This provision would impact only those properties
located within an Historic Overlay District or buildings which are individually listed on the
National Register of Historic Places. Because of its limited application, the fiscal impact
associated with this amendment is expected to be very nominal; however, it would
provide those historic properties eligible under the ordinance with greater flexibility in
reuse in a manner consistent with the original building design and traditional occupancy.
Accordingly, Staff believes this may encourage reinvestment and on-going historic
preservation of those properties.
cc: Duane Cherek
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