99-1266ORDINANCE NO. 99-1266
An ordinance amending provisions of the Zoning Ordinance to regulate the placement of two-
family dwellings in the R1, Single-Family and Two-Family Residence District and to create a
new residential district titled R1D, Two-Family Residential District, with penalties for violation
thereof together with the costs of prosecution in the manner mandated by and set forth in Chapter
18.28 of the Code of General Ordinances of the City of Janesville.
SectionI. Section 18.36.020.B.1. of the Code of General Ordinances of the City of
Janesville is hereby amended and to read as follows:
1. R1 Single-Family and Two-Family Residence District. The R1 District is created
to allow for low-density residential areas with limited concentrations of two-family dwellings
allowed by conditional use permit. The R1 District is generally mapped in outlining urban parts
of the City.
Section II. Section 18.36.020.B.l.a. ii. of the Code of General Ordinances of the City of
Janesville is hereby deleted and the remaining subsections shall be renumbered accordingly.
Section III. Section 18.36.020 B.l.b. ix. of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
ix. Two-Family Dwellings on any lot containing 10,000 square feet or more
upon approval of a conditional use permit by the Plan Commission following the procedures
outlined in Zoning Ordinance Section 18.24.040 and subject to the exceptions outlined in
Subsection VIII. which follows. In reviewing the appropriateness of lots for two-family dwelling
construction, the Plan Commission may consider the following location criteria: I. Comer lots;
II. Lots fronting on Through Arterial Streets as those are identified by
Chapter 10 of the Janesville Code of General Ordinance or on those streets identified by the City
Engineer as future Through Arterial Streets;
III. Lots that are contiguous to land zoned for more intensive
residential, commercial, or industrial development or other property not used for single family
residences such as schools and churches;
IV. Lots identified as appropriate for two-family dwellings shall
generally not exceed 20% of all the lots in the final plat;
V. Lots located adjacent or opposite areas in which two-family
dwellings have been expressly prohibited by public or private restrictions should be discouraged
as locations for two-family dwellings.
VI. Generally, no more than two two-family dwellings should be
located adjacent each other. Adequate spacing should occur between clusters of two-family
dwellings to avoid concentration of such type of dwelling.
VII. For any conversion of an existing single-family home to a two-
family dwelling, the razing of an existing single-family home for the purpose of redeveloping a
site or sites with a two-family dwelling, or the redivision of an existing residential lot for the
purpose of creating new development sites for the construction of two-family dwellings, the
architectural compatibi!ity of the proposed structure or structures with existing buildings in the
surrounding area may also be considered.
VIII. Exceptions:
(A) Two Family Dwellings shall be permitted in locations
identified on land divisions occurring after 13 September 1999 through the procedures outlined
in Chapter 17 Subdivisions of the Janesville Code of General Ordinance after approval of the
proposed two-family lot locations by the Plan Commission following a public heating on the
designation of said two-family lots. The public heating and approval shall occur during review
of preliminary land divisions. The public hearing shall be noticed in accord with the procedures
outlined in Zoning Ordinance Section 18.24.040 E. The Plan Commission may consider the
criteria I.-VI. during such reviews. Lots approved as appropriate for two-family dwelling
construction shall be clearly identified on the face of the final land division through the affixation
of a large, bold letter "D" and the following note shall be placed on the final land division:
"Lots labeled "D" may be developed with either a single-family or two-family dwelling or any
other use permitted within the zone district." Any lot so identified shall remain appropriate for
construction of a two-family dwelling until such time as the Chapter 18 Zoning regulations in
effect at that time are repealed in their entirety and subsequently rewritten or recreated and such
new regulations are adopted by the Common Council
(B) Prior to 13 September 2000 any person presenting the
Planning Director with copy of a recorded plat, survey, deed, covenant, restriction or other
document, with said instrument having been recorded prior to 13 September 1999, that indicates
that a residential lot in existence before 13 September 1999 was identified as appropriate for
construction of a two-family dwelling shall be issued a conditional use permit for said lot by the
Planning Director. A fee shall not be charged for the conditional use permit. There shall be no
review or hearing by the Plan Commission. Any permit issued under this provision shall be
valid until such time as the Chapter 18 Zoning regulations in effect at that time are repealed in
their entirety and subsequently rewritten or recreated and such new regulations are adopted by
the Common Council;
(C) Prior to 13 September 2000, any person may request
approval of a conditional use permit for construction of a two-family dwelling for any lot in
existence a before 13 September 1999. The Plan Commission shall conduct their review
following the procedures of Zoning Ordinance Section 18.24.040. A fee shall not be charged for
the conditional use permit or the review. There shall be a presumption of conditional use permit
approval for such lots unless there is compelling evidence presented to the Plan Commission that
said approval is inappropriate. The Plan Commission may consider criteria I. ? VI. during such
review. Any permit issued under this provision shall be valid until such time as the Chapter 18
Zoning regulations in effect at that time are repealed in their entirety and subsequently rewritten
or recreated and such new regulations are adopted by the Common Council;
Section IV. Section 18.36.020 B.3.a.ii. and Section 18.36.020 B.4.a.ii. of the Code of General
Ordinances of the City of Janesville is hereby created to read as follows and the existing
subsections shall be renumbered accordingly.
ii. Two-Family Dwellings
Section V. Section 18.36.020 B.2 of the Code of General Ordinances of the City of Janesville
is hereby created to read as follows and the existing sections 18.36.020 B.2., B.3, B.4. and B.5
shall be renumbered accordingly:
2. RID Two-Family Residence District. The two-family residence district is
designed to allow for low-density residential development where single and two-family
dwellings are permitted. The RID District is generally mapped in the outlining urban parts of
the City.
a. Permitted Uses
i. Any use permitted in the R1 District.
ii. Two-family dwellings provided that no more that 50% of the lots
in a land division of record or a proposed land division are developed with said two-family
dwellings. If more than 50% of the lots within a land division of record or a proposed land
division are proposed to be developed with two-family dwellings, then the development must be
reviewed as a Planned Unit Development under the procedure outlined in Section 18.24.060;
b. Conditional Uses: The following may be allowed in the R1D District
subject to the provisions of Section 18.24.040, Conditional Uses:
i. Public utility and public service facilities such as: electric
substations, water reservoirs, fire stations, telephone transmission equipment buildings,
telephone exchanges, sewage lift stations and water pumping stations located above ground;
ii. Pre-school, day care centers and nursery schools;
iii. Community living arrangements for nine to fifteen residents
provided the following conditions are met:
I. Those which provide housing and supportive services for
residents with a disability or handicap, defined in Section 16.04.030 (G) of the Code of General
Ordinances as from time to time amended, shall not be subject to a minimum spacing
requirement from another community living arrangement or adult family home,
II. Those which do not provide housing and supportive
services for residents with a disability or handicap, including but not limited to housing for
parolees or juveniles who are not disabled or handicapped, shall be located no closer than two
thousand feet from another community living arrangement or adult family home.
III. The facility shall be designed and maintained to appear as
a one-family or two-family residence and landscaped to be in keeping with the surrounding
neighborhood,
IV. Such facility shall be located on a lot of no less than twelve
thousand square feet in area;
iv. Planned unit developments as provided for in Section 18.24.060,
for uses permitted in the R1 district;
v. Raising grain or hay crops for cash sale or for use as feed on
unplatted parcels less than five acres in size or on platted land provided such feed use is
conducted on premises located outside the city.
vi. Community facilities such as: public community centers, public
recreation facilities.
viii. Communication towers including but not limited to radio,
television, microwave relay, cellular phone and all other towers. Television and radio antenna 30
not less than seven thousand seven
feet or less in height are not included in this listing.
c. Lot Area
i. Single-family dwelling,
hundred square feet;
ii. Two-family dwelling, not less than ten thousand square feet.
d. Lot Width: Not less than seventy feet as measured at the setback line.
e. Minimum setback requirements for principal use:
~ i. Front yard, twenty-five feet;
ii. Side yard, eight feet;
iii. Rear setback, twenty-five feet (except comer lots);
iv. Comer sideyard, twenty-five feet from all street lines;
v. Comer interior sideyard, sideyard shall be 8 feet provided rear yard
is 15 feet, or 15 feet provided rear yard is 8 feet;
f. Minimum setback requirements for accessory uses:
Front yard, 5 feet to the rear of the principal building;
Side yard, 2 feet plus the eave (except as provided in Subsection b
ii.
of Section 18.36.100);
iii.
iv.
Comer side yard, 25 feet from all street lines;
Rear yard, 2 feet plus the eave.
g. Green Area: 25% of the gross lot area shall be devoted to green area.
h. Open Space: 40% of the gross lot area shall be left in open space. Green
area may be included to satisfy this open space requirement.
i. Maximum building height: Two and one-half stories or 30 feet, whichever
is greater.
j. Off-street parking shall be provided as regulated in Section 18.32.070.
SectionVI. Section 18.24.040 H.2. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
No alteration of a conditional use shall be permitted unless approved by the plan commission,
except that the building official may issue permits for minor alterations or additions which are
approved, by the city planner, and are compatible with the concept approved by the plan
commission and the standards in subsection G above. This subsection shall not apply to
additions or alterations to two-family dwellings within an R1 or R2 District if the addition
complies with all zoning ordinance standards of the district.
ORDINANCE NO. 99-1266
PAGE 5
ADOPTED: September 13, 1999
Steven E. Shifter, City Manager
Je~Anh Wulf, City Clerk-Treasurer/
APP~qV~D~S ~bVO~: ~-1.3
Proposed by: Residential Developer TQM Committee
Prepared by: Planning Department
MOTION BY: Schneider
SECOND BY: 0' Leary
COUNCILMEMBER AYE NAY PASS ABSENT
VVESTPHAL X
MURPHY X
STEHURA X
BRIEN X
O'LEARY X
NOLL X
SCHNEIDER X