2011-473 ORDINANCE NO. 2011- 473
An ordinance amending the City's Zoning and Building Regulations with regard to the
construction of detached structures and setbacks as set forth in JGO Chapters 15 and 18
. _ - _ - _ _ . _ _ _ .. • _ _ ' -'. _ _ . _ _ _ _ - e . _ _ _ , with penalties for violations
thereof as set forth respectively as applicable in JGO 18.28.010 and 15.02.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 18.20.465 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
"18.20.465 GARAGE. "Garage" means a building or portion thereof that is greater than
120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other
volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may
also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or
other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank."
A. "Garage" m ns a building or portion thereof in which a motor vehicle containing • - - . - . . • , � .. - .. - • - :, . _. .
principal building, attachcd to tho principal building by moans of an enclosed or open breozo
way, porch, or vestibule, constructed so as to form an integral part of tho principal building,
physically attached to the principal building. However, on any corner lot a garago which is more
than 10 feet from the nearest portion of the principal building shall be censidorod a detached
privatc garage.
D. "Detached private garage" means a privato garage morc than 120 squaro foot in size,
DETACHED GARAGE DETACHED GARAGE
STANDARD LOT CORNER LOT
DELETE PICTURES
�.1
L L ` 1 ■D
511 T 5TH
1
SECTION II. Section 18.20.466 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"18.20.466 GARAGE, ATTACHED. "Attached garage" shall mean a garage
which meets or exceeds one or more of the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
e. situated so that an . ortion of an _ara . e wall lies • n or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure."
A Garage is "Attached" if
C) it is < 5' from the House or Deck C J it's ON or BEHIND the Line
AND it is < 10' from the House
is 5
—
0 I 0 <10' G . <10' G
I' a knaginaryLine � ' < �... _....
5. 5'
Oaic .
Principe) Principal
Principal G m.o. swot.
5in,1ze ` r
ON the Line BEHIND the Line
Street Street
O it is ON or IN FRONT OF the Line AND it is < 10' from the House.
0 Imaginary Line
A A
<10' o r dropei
IN FRONT OF the Line ON the Lire IN FRONT OF the Line
Comer Lot Comer Lot
Street
2
SECTION III. Section 18.20.467 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"18.20.467 GARAGE, DETACHED. "Detached garage" shall mean a garage
entirely separated from the principal building and which meets or exceeds one or more of the
following:
a. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building."
A Garage is "Detached" if it is > 120 sq.ft. AND if
Oa, it is ON or BEHIND the Line AND 10' or more from the House.
O 10 / ,G _ 210' G
Imaginary Line G o _
5 � 5 ' 5 51
Prtn�pd p„„ ' Prin°Pd • I l lwa el G 5 ,
Structure
ire sYUC�re S1rucAtae < ?
Comer Lot –BEHIND the Line BEHIND the Line BEHIND the Line ON the Line Comer Lot–ON the Line
Street
b) it is ON or IN FRONT OF the LineAEQ it is 10' or more from the House.
0
Mnaginary Lins
10' v 5 ' 51 laity
9 v r5
E 5 ' 7 rinupeK 21D> 21 ' P z:.: l. 5 $
Lot- IN FRONTOF the Line ON & IN FRONTOF the Line IN FRONTOF the Line Co-0N & IN
FR merLot ONT OFt e Line
Street
5
Principe F—> v
Structu., 2 10' L .
Street
3
SECTION IV. Section 18.20.565 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"18.20.565 LIVING AREA. "Living area" means the gross floor area of living space
within the principal building, excluding porches, decks, breezeways, garages, and basements,
regardless of whether or not these areas are finished."
SECTION V. Section 18.32.100 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
"18.32.100 ACCESSORY BUILDINGS IATTACHED AND DETACHED)
DETACHED PRIVATE GARAGES, STRUCTURES AND USES. The following
regulations shall govern accessory buildings, structures, and uses.
A. Accessory buildings, attached and detached private garages, structures, and uses
shall be compatible with the principal use and shall not be established prior to the establishment
of a principal use on a lot.
B. Except as otherwise regulated herein, any accessory building or structure
hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:
1. No detached private garage or accessory building shall be nearer than five
feet from the nearest portion of any other building on the lot.
2. All detached garages and accessory buildings must comply with the front
yard and corner sideyard setback requirements as described within each zoning district.
3. No detached private garage or accessory building directly adjacent to a
principal building shall be less than eight feet from any interior side lot line and ten feet from the
principal building.
4. When a detached garage or accessory structure is located to the rear of the
closest perpendicular line of the principal building, no detached structure shall be less than the
distance(s) described in Section 18.20.467 from the principal structure.
C. No detached private garage or accessory building "accessory" to a residence shall
have more than one story or exceed fourteen feet in height, measured from floor to peak of roof.
The building official may authorize a greater building height not to exceed twenty -two feet for
private detached garages which are located in a district listed on the National Register of Historic
Places or in a historic overlay district, but only in order to construct a roof pitch to be
compatible with the roof pitch of the principal building.
D. Attached private garages shall be considered part of a principal building and shall
comply with the setbacks for a principal building.
E. Detached private garages shall comply with the setbacks for accessory buildings.
F. No accessory building "accessory" to a one or two family residence shall be
greater than 120 square feet in area. No detached private garage "accessory" to a one or two
family residence shall be greater than 750 square feet in area. No attached garage "accessory" to
a one or two family residence shall be greater than the gross "living area" of the principal
building as defined in Section 18.20.565.
G. For each dwelling unit in a single or two family residence there shall be no more
than one accessory building and no more than one detached private garage."
4
SECTION VI. Sections 18.36.020 B.1.f.i., B.2.f.i., B.3.f.i., B.4.f.i., B.5.f.i., and B.6.f.i. of the
Code of General Ordinances of the City of Janesville are hereby amended to read as follows:
18.36.020 B.1. R1 - Single- Family and Two - Family Residence District.
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, fivo fect to tho roar of tho principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;"
18.36.020 B.2. RID - Two - Family Residence District.
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, fivo fcot to tho r ar of tho principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;"
18.36.020 B.3. R2 — Limited General Residence District
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, five feot to tho rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;"
18.36.020 B.4. R3M - Medium Density Residence District.
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, fivo feet to the r ar of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered ;"
18.36.020 B.5. R3 — General Residence District
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, five foot to tho rear of tho principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;"
18.36.020 B.6. R4 — Central Residence District
"f. Minimum setback requirements for accessory uses structures:
i. Front yard, fivo foot to tho rear of the principal building as
set forth in Section 18.20.467, as from time to time amended or renumbered;"
SECTION VII. Section 15.01.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
"Section 15.01.040 - ADOPTION OF "WISCONSIN ADMINISTRATIVE CODE"
The Wisconsin Administrative Code for 1 and 2 Family Dwellings, also known as the Wisconsin
Uniform Dwelling Code, ILHR including but not limited to Comm 20 -25 and 60 -66, as from
time to time amended or renumbered, and Tho Building and Hoating, Vontilation and Air
Conditioning Code, ILHR 50 64, is adopted by reference and made a part of this chapter and title
as if fully set forth herein. Any act required to be performed or prohibited by such code
incorporated hereby by reference is required or prohibited by this chapter. This section adopts
such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend,
modify, change or add to the Wisconsin Administrative Code as adopted above."
5
SECTION VIII. Sections 15.01.050 C. and D. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
"Section 15.01.050 - APPLICATION OF CODE
C. One and Two Family Dwellings - The City's one and two family dwelling code
and related City ordinances shall apply to new and existing one and two family dwellings, and to
parts thereof, which are hereafter erected or altered. Residential detached garages and accessory
buildings are subject to the Wisconsin Uniform Dwelling Code for One- and Two- Family
Dwellings and are included within the scope of this code.
D. All buildings and structures used for occupancy as specified in ILHR 54 62 the
Wisconsin Uniform Dwelling Code [Comm 60 -661 shall conform to the applicable requirements
of the Wisconsin Administrative Building Code of and City of Janesville General Ordinances."
SECTION IX. Section 15.01.050 G. of the Code of General Ordinances of the City of Janesville
is hereby repealed:
. . _ . • _ • :.• . • . ._ . - •
.. . ... ..
usc. Concrete floors must bo installed in build4rigs. No water and sewer laterals or h ting
devices may bo installed in or to such buildings.
SECTION X. Sections 15.01.200 A. and H. of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
"Section 15.01.200 - GENERAL DEFINITIONS
A. Accessory Building - A part of a principal building, or a supplemental building
located on the same lot with a principal building and generally used for storage, private garage,
or other usc customarily incident to a residence usc. A building that is less than or equal to 120
square feet, is incidental and subordinate to the principal building, serves the principal building
exclusively, and is detached from but located on the same lot with such principal building.)" • "H. Garage - A - • - - • - - - -- • - • • - - .. - - -- -
gasoline, distillate, or other volatile, flammable liquid in its tank is storcd, repaired, or kept. A
building or portion thereof that is greater than 120 square feet in area and in which a motor
vehicle or equipment containing gasoline, distillate, or other volatile flammable liquid in its tank
may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles
(including electric vehicles), tools, gardening equipment, or other vehicle or equipment that
includes gasoline or other volatile flammable liquid in its tank."
SECTION XI. Section 15.01.230 of the Code of General Ordinances of the City of Janesville is
hereby repealed:
1 1 . •
All footings shall be cast in forms upon undisturbed earth.
6
SECTION XII. Sections 15.01.240 A., B., and C. of the Code of General Ordinances of the City
of Janesville are hereby amended to read as follows:
"Section 15.01.240 — FOOTINGS AND FOUNDATIONS
A. One & Two family foundations and footings shall be designed and constructed to
conform with the construction standards set forth in the Wisconsin Administrative Code.
- - - •.- - --
soil conditions aro appropriate for trenching.
B. All public buildings • - - - _ _ . • . -- - ., - .. - . . _ - -
Wisconsin Administrative Code) shall have a continuous foundation wall forty -eight (48 ") inches
in depth below grade. All footings and foundation walls shall be cast in forms on undisturbed
earth.
The following buildings are allowed to be constructed with floating slab -on -grade construction
(provided no water or sewer laterals or heating devices are installed in or to such buildings):
1. Mini warehouses (as defined by the Wisconsin Administrative Code
and COJ General Zoning Ordinances).
2. Detached garages for single - family and two- family residences and
multi - family dwelling units.
3. Cold Storage warehouses in industrial zoned property.
C. Accessory buildings (in permitted zoning districts) less than or equal to 120
square feet are exempt from footing and foundation requirements. They may be constructed on a
floating slab at the discretion of the property owner."
SECTION XIII. Sections 15.01.250 A.1., A.2., and A.3. of the Code of General Ordinances of
the City of Janesville are hereby amended with illustrations to read as follows:
"Section 15.01.250 - GARAGES - GENERAL REQUIREMENTS
A. Definitions
1.
to the principal building, attached to thc principal building by m s of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
of and parallel to the rear most portion of thc principal building, whether or not such garage is
physically attached to tho principal building. However, on any corner lot, a garage which is
moro than 10 foot from tho ncrest portion of tho principal building shall bo considered a
detached garage. "Attached garage" shall mean a garage which meets or exceeds one or more of
the following:
a. attached directly to the principal building,
b. attached to the principal building by means of an enclosed or open
breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal
building,
c. constructed in the basement of the principal building,
d. situated less than 5 feet from any point of the principal building and/or
attached deck,
7
e. situated so that any portion of any garage wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of AND parallel to the
closest rear wall of the principal building or attached deck) and at least one garage wall is closer
than 10 feet from any other wall of the principal building.
f. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck), AND at least one garage wall is less
than 10 feet from any other wall of the principal structure.
A Garage is "Attached" if
it is < 5' from the House or Deck 1.e it is ON or BEHIND the Line
AND it is < 10' from the House
5'
Imaginary Line
<10. 1
Meat - I 5 1 5. .
arp
a xf Erin Pel NEW
P onds* G SindUre
S1ntCkre
ON the Line BEHIND the Line
Street Street
1.f. it is ON or IN FRONT OF the Line AND it is < 10' from the House.
ImaginarY L ure
< 10' v 5'
G ,
ti) y-+
- S , <10. < 10' Paccot
< > <— ,7
a° shows
cip IN FRONT OF the Lire ON the Line IN FRONT OF the Line
ComerLot Comm-Lot
Street
2. Dotachcd private garagc shall mean a private garagc more than 120 square
(1) above. "Detached garage" shall mean a garage entirely separated from the principal building
and which meets or exceeds one or more of the following:
a. situated so that an . ortion of an :ara : e wall lies on or to the rear of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
closest rear wall of the principal building or attached deck) AND all other garage walls are 10
feet or more from any other wall of the principal building.
b. situated so that any portion of any garage wall lies on or in front of an
imaginary line extending across the lot (said line being 5 feet in back of and parallel to the
8
closest rear wall of the principal building) AND all other garage walls are 10 feet or more from
any other wall of the principal building.
A Garage is "Detached" if it is > 120 sq.ft. AND if
2a it is ON or BEHIND the Line AND 10' or more from the House.
<
G G
{ 210
► '
Imaginary Line
5 5 . 5 . t . _. 5•�., I 2
Pr tnc;l� P; I G
[ r
Pr:>o,� Prino Structure Sloticlure S j
e Sfruci"
Comer Lot – BEHIND the Line BEHIND the Line BEHIND the Line ON the Line Comer Lot–ON the Line
Street
2b it is ON or IN FRONT OF the Lined it is 10' or more from the House.
Imaginary Line
2 10'
v 5' 5 210'
{ 5 Ptinam.< —'j 10' ' I +
Stv ire CL ti)
Comer Lot- IN FRONT OF the Line ON & IN FRONT OF the Line IN FRONTOF the Line ON & IN FRONT OF the line
Comer Lot
Street
b
PrincEpe < >
structure 10
Street
3. "Living area" means the gross floor area of living space within the
principal building, excluding porches, decks, breezeways, garages, and basements, regardless of
whether or not these areas are finished. One hour fire resistive construction shall include the
following assemblies and materials:"
a. Two (2 ") inch brick or stone veneer.
b. Metal lath or perforated rock lath and three fourths (3/4") inch of
plaster.
c. Five eighths (5/8") inch fire code gypsum plaster board.
9
SECTION XIV. Sections 15.01.250 B., C., D., E., and F. of the Code of General Ordinances of
the City of Janesville are hereby amended to read as follows:
"B. Size
1. Detached private garages shall not be constructed larger than 750 square
feet in area.
2. Attached garages shall not be constructed larger than the gross "living
area" of the principal building, excluding porches, decks, breezeways, and basements, regardless
of whether or not these areas are finished.
C. Foundations and footings
1. Attached private garages shall be provided with the same type footings
and foundations as required herein for the principal building.
2. Detached private garages may be built with a continuous floating slab of
reinforced concrete not less than four (4 ") inches in thickness. In place of footings, the perimeter
edges of the slab shall be thickened to a minimum of 8" x 12 ". Reinforcement shall be a
minimum of 6" x 6" No. 10 x 10 wire mesh. Bolts 3/8 %2 inch in diameter with nuts and washers
attached, 6 inches long, shall be embedded 3 5 inches in the concrete curb of detached garages 8
feet on centers at a maximum spacing of 72 inches apart or other methods approved by the
Building Department.
D. Floor Surface - The floor in all private garages shall be of concrete construction.
No openings or pits in the floor shall be permitted, except for drainage to the sanitary sewer
system.
E. Construction - Private gGarages, whether attached or detached, shall be
constructed in compliance with the Wisconsin Uniform Dwelling Code, Comm 20 -25,
Wisconsin Administrative Code. Residential detached garages and accessory buildings are
included in the scope of this code. Commercial detached garages are required to meet the
standards of the Wisconsin Commercial Building Code. as follows: (See detail (B) for detached
garages).
1. Load bearing foundation walls and picrs, masonry walls, and partitions
Shall bo constructed as regulated heroin except as stated above.
2. Detached private garages of wood frame construction shall bo constructed
a. Studs may have a maximum spacing of twenty four (24 ") inches
on centers.
!' _. • - - _ - . ... - - - - . . . -
studs.
c. Corner posts may consist of two (2) two by four (2" x 4 ") inch
studs or an single four by four (4" x 4 ") inch stud.
d. Horizontal bracing and collar be . -- - . - . " •"
inch with a maximum spacing of four (4') foot on centers.
3. Framing and construction of an attached garage shall be of the same type
as that of the principal building and as further regulated in this code. Such requirements shall
include carports.
F. Heating equipment in attached and detached garages or accessory buildings shall
comply with the standards as set forth in the Wisconsin Administrative Code, Comm 23."
10
? r
•
• 2. Where an attached private garago is part of a building having habitable
two occupancies of not loss than ono hour fire resistant construction on garago interior.
principal building provided that floor of such garage is at least eight (8 ") inches below the floor
of such principal building. Such door shall bo a self closing metal clad door or solid wood
door not less than one and thrco quarter (1 3/4 ") inches in thickness. A maximum ono hundrod
t1 ... _ - -- ..., •" - - - ., ..' C .. .- --- -• -
such door.
4. Boilors, furnaces or other heating oquipmcnt used in conncction with the
principal building shall not be installcd in private garages. Thcro shall be no oponings from a
requirements for openings directly to the house. H ting oquipmcnt in privato garages shall be
may be used."
SECTION XIII. 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: January 24, 2011 Motion by: Steeber
Second by: Truman
APPROVE J Councilmember Aye Nay Pass Absent ja
Brunner X
•�., McDonald X
ric J.` - tt, City Manager Perrotto X
ATT "' ST: Rashkin X
Steeber X
/
Truman man X
Jean nn Wulf, City Clerk- Treasurer Voskuil X
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by Community Development Department _
Prepared by Community Development Department
11