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.