2001-70REVISED ORDINANCE NO. 2001-70
An ordinance repealing and recreating the BI, Neighborhood Convenience 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 a Business Zone District that encourages
the creation and location of business uses that are compatible with and intended to serve
primarily 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
B1 District as proposed by this ordinance.
SECTION II. Section 18.36.040 B.1. of the Code of General Ordinances of the City of
Janesville is hereby repealed and recreated to read as follows:
1. BI - Neighborhood Convenience District. This district is intended to accommodate
high quality convenience shopping and service uses at intensities compatible with residential
districts and where traffic volumes and adjacent land uses dictate a transition between
residential and more intensive nonresidential uses. The district is primarily intended to permit
commerce and services that are necessary to satisfy basic shopping needs which occur daily or
frequently, thus requiring that such uses be located in relative proximity to places of residence.
The desired compatibility and transition is achieved within the district through the application
of detailed requirements for green areas, landscaping, architecture, site lighting, traffic and
pedestrian improvements, signage and other site plan and amenity standards.
a. General conditions:
i. All business establishments shall be office, retail or service
establishments dealing directly with consumers.
ii. Dwelling units are permitted above the first floor of a building at
densities allowed in the R3M, Medium Density Residence District. A dwelling unit shall be
permitted on the first floor if the dwelling unit is occupied by the owner of a business located
in the same building. Only one business may be located in a building that also contains a
residence on the first floor.
iii. The outside conduct, display or storage of any ~ 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.
iv. Hospitals are prohibited.
b. Permitted uses:
above;
ii.
iii.
iv.
V.
vi.
vii.
viii.
ix.
X.
xi.
xii.
xiii.
xiv.
X¥.
Any use permitted in 03 district except as specified in paragraph a.
Apparel and apparel accessory stores;
Art and craft stores;
Banks and other types of financial institutions;
Barbershops;
Beauty shops;
Book, stationery, newspaper or magazine stores;
Camera and photographic stores;
Candy, confectionery, or ice cream stores;
Card, curio and gift shops;
Coffee Shop;
Drugstores;
Dry cleaning establishments--retail only;
Florist shops;
Food stores, bakeries, grocery stores (in bu~Lngs ~f !5,~9 gro££
xvi.
xvii.
xviii.
Xix.
XX.
xxi.
xxii.
xxiii.
xxiv.
XXV.
xxvi.
xxvii.
shops;
xxviii.
xxix.
XXX.
xxxi.
s.q'.:':re feet ~r !ess Ln s~e), meat and fish markets, delicatessens, and fruit and
vegetable markets, convenience stores without petroleum product dispensing,
sales or storage;
Garden supply stores;
General merchandise stores;
Hardware stores;
Laundries--self-service, coin-operated;
Liquor stores;
Locksmith shops;
Photography studios;
Optical goods stores;
Post offices (branch only);
Radio, te!ev'_'s:'~n, music ~ and computer stores;
Retail bakeries;
Small electrical appliance, clock, watch and jewelry sales and repair
Sport equipment and clothing stores;
Shoe ~_na__ ?-t repair shops.
Tax return preparation stores;
Underground public utility uses such as: electric substations, sewage lift
stations, water pumping stations, water reservoirs, telephone transmission
equipment, gas regulator stations;
xxxii. Video tape rental and sales stores;
provisions of
Conditional uses: The following may be allowed in BI district subject to the
Section 18.24.040, Conditional uses:
i. Planned unit developments for permitted and conditional uses allowed
within in the B1 district subject to compliance with the standards (mtlined in this
title and Section 18.24.060;
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ii. Drive-up or drive-through facilities in conjunction with any use
permitted within the district except that such facilities in conjunction with any
restaurant or food service use are prohibited within the district.
Private outdoor recreational activity accessory to a listed permitted use;
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.
vi. Restaurants no greater than 7,500 gross square feet in total building size
and with no banquet or meetingroo4 and
lno or drive-through facilities;
dr~ive-up
vii. Large :_~Ee ~levelopments as defined by having any one of the
following:
I. Any development containing a building v.4tE
feetp~nt of more than 15,000 gross square feet:, ~__o mea_o,,~ed ~_t the b'2~_!dl_ng
II. 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, improvements, design theme or elements, or
development or subdivision name.
III. Any development which contains more than one building per site,
lot or parcel.
d. Minimum lot area: none.
e. Minimum lot width fronting a public street: 100.0 feet.
f. Maximum building size: Principal buildings - 15,000 square feet ~er fleer,
except that Restaurants shall not exceed a total gross floor area of 7,500 square
may be permitted by Plan
Commission approval of a conditional use permit for a Large Development
containing such a structure. Accessory buildings - 750 square feet. Only one
accessory building is permitted per lot or parcel.
g. The maximum height of any building, structure or use shall not exceed 40.00
feet and any such building shall not contain more than two stories above grade.
h. Minimum setbacks required from the property line to principal and accessory
buildings, structures and uses and off-street parking. Property which adjoins any of the
following roadways shall provide setbacks as specified within each category.
i. Major U.S. or State Highways:
I. Special Setback Requirement. The setback for buildings and
structures from property line along the following major U.S. or State highways
shall be 80 feet from such highway or 50 feet from an access or frontage road
adjacent to said highway, whichever is greater. Parking shall meet the Local
Street setback requirements.
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Center Avenue (USH 51)
(Kellogg Avenue to south city limits)
Milton Avenue (STH 26)
(Blackbridge Road to north city limits)
North Parker Drive (USH 51)
(USH 14 to north city limits)
East Racine Street (STH 11)
(Interstate 90 to east city limits)
U.S. Highway 14
STH 351
II. Setback requirements for principal and accessory buildings,
structures, uses and off-street parking from the property lines for the remainder
of the property not adjoining a major U.S. or State highway shall be as required
for local streets as follows:
ii. Local street:
I. Front yard, corner yard and any other property line adjoining a
public street right-of-way line, 25 feet;
II. Side yard, I0 feet or none if common party fire wall is provided;
III. Rear yard, 10 feet except comer lots which will be treated as
having two side yards;
IV. Adjoining a residence district: Where a building or structure is
located on a lot which adjoins a residence district, a side yard setback equal in
dimension to the height of the building or structure and a rear yard setback equal
in dimension to the height of the building or structure or 25 feet, whichever is
greater, shall be provided. The above setback requirements shall apply only to
that portion of the lot adjoining the residence district.
iii. Parking shall be set back a minimum of 15 feet from any front or comer
es ~
Green area: Not less than 20 percent of the gross lot area shall be permanently
Site access: Vehicle access for non-residential development is prohibited from a
local residential street unless said point of access is within 500 feet ora 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 0-3 ~ 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
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v. Within this district window signs shall be considered wall signs and thus
subject to all regulations pertaining to wall signs.
SECTION III. Section 18.36.040 B.2.c.xvii. is hereby created to read as follows:
xvii. Gasoline service stations: Gasoline service stations shall be permitted
only in accordance with the following procedures, regulations and standards:
I. Approval of New Stations. No building permit for a new
gasoline station shall be issued until a conditional use permit has first been issued by the plan
commission. The applicant shall apply for such conditional use permit as provided in Section
18.24.040.
II. Location. No station shall be permitted unless it adjoins one of
the following streets:
Afton Road
(Rockport Road to south city limits)
Beloit Avenue
(South city limits to West Delavan Drive)
Center Avenue
(West Court Street to south city limits)
East and West Centerway
(West Court Street to Garfield Avenue)
West Court Street
(Jackson Street to west city limits)
East and West Delavan Drive
(Center Avenue to east city limits)
North and South Franklin Street
(Mineral Point Avenue to Racine Street)
North and South Jackson Street
(Mineral Point Avenue to Racine Street)
Milton Avenue
(North city limits to East Centerway)
East Milwaukee Street
(East city limits to East Centerway)
Mineral Point Avenue
(North Franklin Street to Terrace Street)
North Parker Drive
(Centerway to north city limits)
East and West Racine Street
(Center Avenue to east city limits)
North River Street
(Mineral Point Avenue to Highland Avenue)
Rockport Road
(Center Avenue to Afton Road)
North Terrace Street
30
(Mineral Point Avenue to North Washington Street)
U.S. Highway 14
(Within the city limits)
North Washington Street
(North Terrace Street to northwest city limits).
Memorial Drive
(Railroad Street to Harding Street)
III. Plan Commission Findings. The Plan Commission shall, in
addition to the standards established for conditional uses, Section 18.24.040, also consider the
following conditions prior to taking action on the request:
(A) Will the use of the site for a service station impair,
endanger, inhibit or in some manner impede the proper flow of vehicular or pedestrian traffic
in, about or on the street or streets upon which such service station fronts?
(B) Will the auxiliary service unit, such as bulk tank tracks
and other serving units, be inherently dangerous in the geographical location due to population
or traffic density or pattern?
(C) Will the proposed station comply with all applicable
standards presented herein or with other applicable laws or codes?
In determining its findings, the plan commission shall take into account the character and use
of adjoining buildings and those in the vicinity, the number of persons residing or working in
such buildings and traffic conditions in the vicinity.
If the applicant owns, controls or owned within the past thirty-six months any station which is
abandoned, vacant or inoperative, the applicant shall provide a complete plan for the future use
of such station. Such plan shall be approved by the city plan commission before or as part of
the approval of application for the new station, and the plan commission shall establish a
reasonable time limit within which such plan must be carried out.
feet,
Standards.
(A) Lot area:
(1) Gasoline dispensing station, ten thousand square
(2) Gasoline dispensing and service, ten thousand
square feet, two thousand square feet per bay.
(B) Lot width:
(1) Gasoline dispensing station, one hundred feet,
(2) Gasoline dispensing and service, one hundred
twenty feet.
(C) General provisions:
(1) All activities necessary for or incidental to the
operation of the station shall be conducted entirely within the building with the following
exceptions:
(a) Emergency services and tire changing;
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(b) Dispensing of gasoline and those minor
service functions which are customarily performed while dispensing gasoline.
(2) Seasonal merchandise as defined in this ordinance
may be displayed on the premises provided such display does not encroach upon a required
setback, a required off-street parking area, a required green area or obstruct vehicular or
pedestrian access. In addition, the following shall be permitted provided they conform to all
setback lines:
(a) Outside tire cabinets or tire merchandisers
for the display and storage of tires only will be permitted outside the building provided that
such cabinets are of a totally enclosed type.
(b) Coin operated machines for vending of soft
drinks and similar items will be permitted outside the building provided that such machines are
located in an orderly manner.
(D) Inoperative, Vacant or Abandoned Service Stations. Any
inoperative, vacant or abandoned service station shall not be permitted to apply for a building
permit to reopen such station until the following provisions are complied with:
(1) A complete set of plans as required in site plan
review subsection D of Section 18.24.050 that show compliance with:
(a) Location, subsection 18.36.040Blc (iii) (II),
(b) Driveway openings, subsection 18.36.040 A8,
(c) Green area requirements, subsection 18.36.040A6
(d) Sign ordinance, Title 14,
(e) General provisions, subsection 18.36.040
B lc(iii)(IV)(C).
(2) A complete plan of the future use of any other
abandoned, vacant or inoperative stations, subsection 18.36.040 Blc (iii) (III).
(3) A favorable recommendation of the site plan
review committee. A negative recommendation will be automatically forwarded to the plan
commission which will have authority to grant or deny such request.
For the purposes of this paragraph, any station which has been abandoned, vacant or
inoperative for any seven consecutive days in the sixty-day period prior to the application for
the new station, or which has been used for other than a gasoline station for any seven
consecutive days, excluding Saturdays, Sundays and holidays in the sixty-day period shall be
considered be an abandoned, vacant or inoperative station.
SECTION IV. 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 B 1, 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 V. 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 judgemem shall not affect any other provision of this title not specifically
included in the judgement.
2. If any court of competem 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 judgemem.
SECTION VI. 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:
~teven E. Sheiffer, Cit~ Manager
ATTEST:
Je~p/An~ Wulf; C'it~ Clerk-T-reasur~
APPROVED AS TO FORM:
City Attorney
Proposed by: Planning Department
Prepared by: Planning Department
MOTION BY: Murphy
SECOND BY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
STEEBER X
BRIEN X
MURPHY X
O'LEARY X
DEGARMO x
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