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2006-329 REVISED ORDINANCE NO. 2006-329 An ordinance amending various provisions of Section 18.36.020 (Residence Districts) of the Zoning Code Ordinances of the City of Janesville, with penalties for violations thereof, together with the cost of prosecution, with remedies upon default of forfeiture payment, and injunctive relief, all in the manner 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 JANESVlllE DO ORDAIN AS FOllOWS: SECTION I. Section 18.36.020 A. 13 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "13. Temporary Real Estate Sales Offices. A temporary real estate sales office does not require prior Plan Commission or City Council review or approval, but shall be permitted by the Site Plan Review Coordinator, but only in strict conformity with the following provisions: a. A temporary use permit shall be required for every temporary real estate sales office in any new residential subdivision or residential planned unit development, but only in the event such new residential subdivision or residential planned unit development has been approved in accordance with this Ordinance and the other applicable City of Janesville Subdivision Regulations. One (1) temporary real estate sales office maybe allowed per builder or developer within a new residential subdivision or residential planned unit development. The temporary permit for a temporary real estate sales office shall be initially valid for not more than one (1) year from the date of issuance, and may be renewable annually thereafter by the Site Plan Review Coordinator. The temporary real estate sales office use shall fully terminate and discontinue, and the office shall be removed, within thirty (30) days after the sale of the last unit or lot in the development or subdivision. All sales and related activities conducted within the temporary sales office at all times shall be directly related to the sale of properties within the particular development or subdivision solely for the initial sale of the homes therein. The temporary sales office shall not be used for general office operation, retail sales of merchandise or building materials, storage, or other use by the permittee or by any other firm, business, associate or persons. b. A temporary real estate sales office may be established by a builder and/or developer of the subdivision who either owns or has the options to purchase at least 10 lots or units within the subdivision or development for which the use is located. c. Parking noise, congestion, unwanted vehicular activities, and other complaints filed with the City regarding the operation of the temporary real estate sales office shall be immediately remedied by the permittee and all violations immediately terminated upon notice from the City. All City of Janesville ordinances including, but not limited to, parking, lighting, noise, debris, littering, nuisance, signage, building and zoning codes shall be strictly adhered to by the permittee at all times. REVISED ORDINANCE NO. 2006-329 PAGE 2 d. If off-street parking is requested by the permittee or required by the Site Plan Review Coordinator, a temporary parking lot may be installed as an addendum to the Temporary Real Estate Sales Office permit. The parking lot shall be paved, landscaped and appropriately graded and drained to dispose of all surface water by the permittee. The parking lot shall be removed and appropriately seeded and landscaped by the permittee when the temporary sales office use is discontinued. At the time of parking lot approval, the Site Plan Review Coordinator may require that a performance bond be filed by the permittee and held by the City in an amount determined by the Site Plan Review Coordinator to be sufficient to cover the removal cost of the parking lot and landscaping restoration of the parking lot area. e. A site plan, prepared in accordance with the Site Plan Review Ordinance Section 18.24.050 including exterior elevations (4 sides), interior floor plans, and landscape plans shall be provided with the site plan permit application. f. The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. each day or as otherwise determined by the Site Plan Review Coordinator, including more limited hours. g. Signage placed on the temporary real estate sales office lot shall be limited to one monument style sign, 16 square feet in area, and comply with the standards of Title 14, Sign Ordinance, of the Janesville Code of General Ordinances. h. The Site Plan Review Coordinator shall have the authority to suspend, revoke, or modify a temporary use permit immediately upon his/her determination that any of the conditions or requirements set forth in the permit or directions by the Site Plan Review Coordinator have been violated. Written notice of the Site Plan Review Coordinator's determination to suspend, revoke, or modify the permit shall be promptly provided to the permittee by any reasonable means including, but not limited to, personal service, mail or posting upon the temporary real estate sales office. The permittee shall have 48 hours (based on business days/work week calendar) to contact the Site Plan Review Coordinator and present the permittee's plan to cure. The Site Plan Review Coordinator will then give the permittee a timetable to cure, not to exceed 48 hours, except for noise, litter, traffic and parking matters which shall be corrected immediately upon notice. If the permittee fails to cure the violation, the temporary real estate sales office permit may be suspended or revoked by the Coordinator upon notice to the permittee and violations may be prosecuted. All City rights and remedies are cumulative and not exclusive. The reinstatement of the temporary real estate sales office permit may be granted by the Site Plan Review Coordinator or designee upon his/her determination of the adequacy of the cure. i. There shall be no more than five (5) employees maximum on-site conducting sales activities or other work activities in such temporary real estate sales office at anyone time. REVISED ORDINANCE NO. 2006-329 PAGE 3 SECTION IV. 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: July 10, 2006 Motion by: Williams Second by: DeGarmo Council member Aye Nay Pass Absent Brien X Wellnitz, Tom X Williams X Brunner X Wellnitz, Tim X DeGarmo X Addie X AP ~-J..~R~~ED:. .. ._ ). ~~~~L.. Á-. Steven E. Sheiffer, City ~anager ATTEST: APPROVED AS TO FORM: #'~~4 City Attorney Proposed by: Community Development Dept. Prepared by: Community Development Dept.