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2001-69REVISED ORDINANCE NO. 2001-69 An ordinance creating the 03, Neighborhood Office District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Purpose. It is hereby declared that enactment of the provisions outlined in Section II of this Ordinance is essential to establish an Office Zone District that encourages the creation and location of office and institutional uses that are compatible with residential development. Said district is intended to be used as a transition zone between more intensive business and service uses and residential areas. The desired affects of the ordinance can be achieved by the provisions that limit the size and type of uses within the 03 District as proposed by this ordinance. SECTION II. Section 18.36.030 B.3. of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 3. 03-Neighborhood Of. rice District. This district is intended to accommodate high quality office and institutional land uses at intensities compatible with residential districts in locations where traffic volumes and adjacent land use dictate a transition between residential and more intensive nonresidential uses. General provisions: i. Generally, the 03 District shall be mapped in quantities not exceeding five acres. ii. Residential uses arc iii. Retail and commercial services are prohibited except where clearly accessory to a listed permitted use. iv. Drive-in facilities, drive-up facilities or any other type of service providing or offering goods, service or products directly to customers waiting in motor vehicles are not permitted including drive-up telephones. v. The outside conduct, display or storage of any ret2!! product:, inventory, materials, ~ or service is prohibited including but not limited to seasonal merchandise, beverage machines, ice machines, LP gas tank storage, ~, landscape plants or materials, and children's amusement rides. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure. Permitted uses. i. Offices--business, professional and public; 13 Medical and dental clinics; Funeral homes; Churches; Day Care Centers (9 er mere ck;.!dren); Public libraries; Underground public utility uses such as: electric sub-stations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use; Conditional uses. The following may be allowed in the 03 District subject to the provisions of Section 18.24.040, conditional uses: i. Above ground public utility uses such as: electric sub-stations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use. ii. Planned unit developments as provided in Section 18.24.060 for permitted and conditional uses in the 03 District. iii. Retail and commercial service uses accessory to listed permitted or conditional uses. iv. Large Developments as defined by having any one of the following characteristics; I. Any development on a single site containing 5 or more acres or the development of multiple sites that collectively total 5 acres or more when said multiple sites are developed with any common link or nexus including but not limited to shared infrastructure or physical site improvements. II. Any development that contains more than one building per site, lot or pamel. V. go Minimum lot area: none. Minimum lot width fronting a public street: !00.9 feet ~. Maximum building size: Principal buildings - 5,000 square feet per floor Accessory buildings - 750 square feet. Only one accessory building is permitted per lot or parcel. The maximum height of any building, structure or use shall not exceed ..... feet and any such building shall not contain more than two stories above grade. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking: i. Front yard, corner yard and any other property line adjoining a public street right-of-way line, twenty-five feet; 14 ii. Side yard, ten feet; iii. Rear yard, twenty-five feet except for corner lots, which shall be treated as having two side yards. iv. Adjoining a residence district, 25 feet or equal in dimension to the height of the building, whichever is greater. v. Parking shall be set back a minimum of 15 feet from any front or corner yard property line and 5 feet from all other property lines Green area: Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as jo ko Site access: Vehicle access for non-residential development is prohibited from a local residential street unless said point of access is within 500 feet of a Through or Connecting Arterial Street as enumerated in Chapter 10 of the Janesville Code of General Ordinances or, in the opinion of the City Engineer, said local street will eventually be classified as a Through or Connecting Arterial Street. Signs: The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the 03 district. The standards contained herein recognize that the general sign provisions found within Chapter 14 of the Janesville Code of General Ordinances allow a multitude of under regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 14. i. Standards of this section that are more restrictive than those found in Chapter 14 of the Janesville Code of General Ordinances shall prevail. ii. Installation or use of any of the following types of sign, as they are defined in Chapter 14 of the Janesville Code of General Ordinances, is prohibited: Attention getting devices, Banners, Directional signs, Electronic Message signs, Instructional signs, Mobile signs, Off-premises signs, Roof signs. iii. On-premises ground signs shall comply with the following regulations: I. The ground sign is located where otherwise permitted but in no event less than two(2)feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 18.32.020 A. for uncontrolled intersections, which shall be applied to the following areas of the property: (a)All property corners located at street intersections and along all side property lines; and (b) At all intersections of driveways and sidewalks leading from the site to the adjoining property line or right-of-way lines. For these locations, the outside pavement, curb or sidewalk edges shall be used as the interior leg of the vision triangle and the intersecting property line as the other; and 15 II. The ground sign shall not exceed thirty-two (32) square feet of total area including the sign base except for parcels having 600 lineal feet or more of frontage on public streets, in which case the ground sign area may not exceed on forty-eight (48) square feet including the sign base. The surface area of the sign base shall be calculated based on the total perimeter boundary of the base from ground plane to the bottom of the sign area and from outside edge to outside edge of the vertical sides. Any openings in the base shall be included within the area calculation. III. No more than one (1) such ground sign shall be permitted or located per parcel. IV. Ground signs shall not exceed six (6) feet in height. V. iv. No internally illuminated wall sign shall be placed on a wall or building elevation that adjoins or is opposite a residential zone district, x3.r2!! v. Within this district window signs shall be considered wall sigm and thus subject to all regulations perta~ng to wall signs. SECTION III. Section 14.28.015 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 14.28.015 Special regulations applying to the 03 and B1 Zoning Districts. In addition to the regulations contained herein, signs proposed within the 03, Neighborhood Office District and the BI, Neighborhood Convenience District are also subject to regulations found within Chapter 18, Zoning of the Janesville Code of General Ordinances. Said regulations are more restrictive than those found herein and limit the types of signs that may be used within those districts. As such, both the regulations contained herein and those of said Chapter 18 should be consulted for signs proposed within the 03 and B1 districts. SECTION IV. It is hereby declared to be the intention of the Common Council of the City of Janesville that the provisions of this ordinance are severable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgement shall not affect any other provision of this title not specifically included in the judgement. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgement shall not affect the application of said provision to any other property, building, or structure not specifically included in the judgement. 16 SECTION V. 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: May 29, 2001 APPROVED: ~'%ven E. Sheiffer~City M//anager ATTEST: J~Ann Wul~, City Clerk-Treasurer APPROVED AS TO FORM: City A~orney I · MOTION BY: Murphy SECOND BY: Williams COUNCILMEMBER AYE NA PASS ABSENT Y DAMRON X WILLIAMS X STEEBER X BRIEN X MURPHY X O'LEARY X DEGARMO X Proposed by: Prepared by: Planning Department Planning Department 17