2019-749 FILE ORDINANCE NO. 2019-749
An ordinance to amend Chapter 18 (Zoning) and Chapter 8 (Health & Safety) pertaining to
natural landscaping, gardening, and bird sanctuaries on residential lots in the City of
Janesville with penalties as set forth in J.G.O. 8.56.040 and 18.28.010.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 18.32.030(A)(16) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
18.32.030 Permitted Obstructions in Required Setback Areas.
A. Except as otherwise regulated herein for a specific permitted or conditional use, the
following accessory buildings, structures and uses are permitted and may be allowed
obstructions in required setback areas where indicated by an X:
Front Interior Rear
setback side setback
and corner setback
side
setback
16. Growing of farm and garden crops in the open —when x x x
conforming also with other codes and ordinances of the
City. Plantings which have a screening effect may not be
taller than 30 inches in height when located within the
front and corner side setbacks.
SECTION II. Chapter 8.56 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
CHAPTER 8.56 - NOXIOUS WEEDS, GARDENING, NATURAL LANDSCAPING AND
COMPOSTING
8.56.010 -Abatement.
A. No person shall permit the growth of noxious weeds on any property in the City which is
owned, occupied, rented, leased or controlled by that person. In addition to the State
Statute definition for noxious weeds (Chapter 66.0407) and Invasive Species (Chapter
23.22) Noxious Weeds shall include, but is not limited to, the following list of species:
• Buckthorn (Rhamnus cathartica)
• Bull Thistle (Cirsium vulgare)
• Burdock (Arctium minus)
• Canada Thistle (Cirsium arvense)
• Dame's Rocket (Hesperis matronalis)
• Field Bindweed (Convolvulus arvensis)
• Garlic Mustard (Alliaria petiolata)
• Goatsbeard (Tragopogon pratensis)
• Leafy Spurge (Euphorbia esula)
• Marijuana (Cannabis sativa)
• Musk Thistle (Carduus nutans)
• Nettle (Urtica dioica)
• Oxeye Daisy (Chrysanthemum leucanthemum)
• Pigweed (Chenopodium album)
• Purple Loosestrife (Lythrum salicaria)
• Quackgrass (Agropyron repens)
• Ragweed (Ambrosia spp.)
• Snapdragon (Chaenorhinum minus)
• Sow Thistle (Sonchus oleraceus)
• Sweet Clover (Melilotus officinalis)
• Wild Morning Glory (Convolvulus arvensis)
• Wild Mustard (Synapis arvensis)
• Yellow Rocket (Barbarea vulgaris)
• Yellow Dock (Rumex crispus)
B. In addition, all other weeds and grasses over 12 inches in height are defined as noxious
weeds except agricultural crops for harvest and natural vegetations planted in compliance
with Section 8.56.030.
8.56.020 - Definitions.
A. Managed. Planned and designed control, direction, and maintenance of the growth of
natural vegetation and the detention and infiltration of storm water runoff in a natural landscape
and/or garden area - -- - - - - - - - - - - - - - - -- - - - - -- -
B. Garden Plant. A variety of plants purposefully grown for human consumption or
enjoyment, including flowers, herbs, vegetables and fruits. Note: Maize (corn) is not considered
a garden plant for residential lots in the City of Janesville.
B C. Natural landscaping. Any landscaping technique in a yard or on a development site
that preserves or uses primarily native vegetation in a design intended to exhibit the character
and spirit of nature by arrangement of the plants and drainage patterns similar to the
arrangements of natural prairie, woodland, or wetland plant communities and drainage.
in excess of 12 inches in length for which a natural landscaping permit has been issued by the
D. Noxious weed. Especially difficult to manage weeds. Weeds are defined as plants
growing where there are not wanted. These typically are invasive species that may be difficult to
control, or may be health hazard to humans or stock animals or wildlife, or may be otherwise
detrimental to an environment. They also include those weeks enumerated in 8.56.010.
E. Preservation. Keeping intact the desirable components of existing vegetation and storm
water detention and infiltration within a yard or landscape (typically pertains to new
d
G E. Rain garden. Shallow depressions (3-12 inches deep) planted with native wildflowers
and other plants that soak up rainwater or melted snow from rooftops, driveways and lawns.
Water is captured in a garden and slowly filters into the ground rather than the storm sewer.
l F. Turf grass. Grass commonly used in regularly-cut lawns or play areas, such as, but not
limited to bluegrass, fescue, and ryegrass blends.
G. Yard Perimeter Clearance. Area of front, side, and rear setback as measured from the
property line.
remove-pot ants.
8.56.025 - Requirements for Gardening.
A. Yard Perimeter Clearance. All gardens must be located outside the yard perimeter
clearance. The yard clearance shall be a minimum of two feet (2') from front, rear, and
side property lines. No clearance is required where garden areas abut a fence or similar
barrier separating it from adjoining residential areas.
B. Neglect. Gardens shall remain managed and free of noxious weeds.
C. Restrictions.
1. The planting of maize (corn) is prohibited in the front setback and corner side building
setback areas as defined in the Zoning Ordinance Chapter 18 for residential lots.
2. All gardens located in the front setback or corner side setback of a corner lot must
comply with the regulations for vision of traffic set forth in 18.32.020.
3. Plantings which have a screening effect may not be taller than 30 inches in height
when located within the front and corner side setbacks.
8.56.030– Requirements for Natural landscaping guidelines.
A. Purpose. The use of wildflowers and other native plants in a managed landscape design
can be economical, low maintenance and effective in soil and water conservation.
unmanaged or overgrown. It is in the best interest, safety, health, good order and benefit to
B. [Growth of native grasses]. The growth of native grasses or sedges that exceed 12 inches
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adherence to the general guidelines for natural landscaping set forth in this chapter.
C. Natural landscaping permit.
1. Every person who applies for an exception to the requirements of 8.56.010 shall apply
2. Application for the natural landscaping permit shall be accompanied by a
3. No person may install and/or maintain such landscaping or vegetation without first
submitting to the Site Plan Review Coordinator a natural landscaping site plan and
annual maintenance plan and hold a permit therefore.
D. General guidelines for natural landscaping.
1. Size. The maximum amount of natural landscaping permitted on a lot or parcel of land
less than one acre in size shall be no greater than ten percent of the gross lot area. For
a lot or parcel of land that is one acre or more in size, the maximum amount of natural
landscaping on said property shall be no greater than 25 percent of the gross lot area.
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2. Setbacks. The height of all natural landscaping shall remain under 12 inches in the
within the front yard setback area subject to site plan approval by the Site Plan
e. . . . . . .- --• a- - - - - - - - - - -- - - -
•
line for lots one acre or more in size. The rear or side yard setback requirement
• _ .- _ -e -- - . . __-- -'e. - . --utually agree to continuous natural
c. Rain gardens. Rain gardens must be located ten feet or more from any building
foundation to ensure infiltrating water does not seep into the foundation. Rain
and may not divert water into neighboring properties. The setback requirement
mown turf lawn, hedge, fence, low native plants, stone or woodchip path, or other
pis-
/1. Standing water. Water may not be allowed to stand or pool in a rain garden or natural
5. Prairie burns.
a. No owner, possessor, or other person exercising dominion or control over the real
prairie burn permit, which permit shall be nontransferable.
on a form and in the manor required by the Fire Chief and/or his/her authorized
designee. All prairie burns shall be conducted only by a licensed, insured and
trained contractor to conduct the prescribed burn at such dates and times, in such
time, required by the Fire Chief and/or his/her authorized designee(s). Application
for the nontransferable prairie burn permit shall be accompanied by a
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perm` iced,
6. Vacant properties. Natural landscaping shall not be permitted on a vacant lot or parcel
permit:-
E. Site and maintenance plan submission standards.
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submitted maintenance plan. The maintenance plan shall include a general annual
on file with the approved site plan for natural landscaping.
prior to planting any natural landscaping.
/1. Filing. A copy of the site plan and annual maintenance plan will be kept on file with the
Community Development Department and will be referenced in the event the City
federal, state or local regulations provide otherwise.
F. Yard neglect.
1. Any front, side or rear yard area of a residence, business, institutional or industrial use,
shall be maintained with a lawn, shrubbery, plantings or other surface treatment
2. Rank or unmanaged growth of vegetation identified in state or local codes is not
permitted and is declared to be a public nuisance.
3. Yards with a common stand of turf grass that has not been maintained and is higher
than 12 inches is declared to be in a state of neglect and a public nuisance.
A. Purpose. It shall be lawful to grow native and beneficial plants, including, but not limited
to ferns, grasses, forbs, aquatic plants, trees and shrubs in a landscape when these
plants were not obtained in violation of local, state, or federal laws. The growth of native
grasses or sedges within a natural landscaping area including yards, retention/detention
areas, and rain gardens on private property shall be maintained in good order and free
of noxious weeds.
B. Requirements for Natural Landscaping
1. Yard Neglect. Natural landscaping on residential properties shall remain clearly
managed and free of noxious weeds. Yards shall be maintained so as to not cause a
disturbance to adjoining residential properties or public right of ways.
2. Rain Gardens. Rain gardens must be located ten feet (10') or more from any building
foundation to ensure infiltrating water does not seep into the foundation. Rain
gardens may not be constructed in areas identified as utility rights of way or septic
drain fields. Rain gardens also must be set back five feet (5') from all property lines
and may not divert water into neighboring properties.
3. Borders. All naturally landscaped areas shall have a definable edge consisting of
mown turf lawn, hedge, fence, low native plants, stone or woodchip path, or other
obvious border that indicate that the natural portion of the yard is a planned and
maintained area and to prevent large native plants from extending into neighboring
properties.
4. Prairie Burns
a) No natural lawn or natural landscape owner, possessor, or other person
exercising dominion or control over the real property or natural lawn may
conduct a prairie burn or other burn without the prior express written
authorization of the City Fire Chief and/or his/her authorized designee(s).
b) All prairie and other burns shall be conducted only at such dates and times, in
such manner, and according to such directions and limitations as may be,
from time to time, required by the City Fire Chief and/or his/her designee(s).
c) In no event shall the burning of organic material other than natural lawn
vegetation be permitted.
5. Vacant Properties. Natural lawns and natural landscaping shall not be permitted on
vacant land.
8.56.035 - Residential Compost Requirements
A. Purpose. The purpose of this section is to promote the recycling and beneficial reuse of
yard waste and organic material through composting and to establish minimum
standards for proper maintenance of compost piles and bins.
B. Composting Requirements. The generator of compostable materials shall be
responsible for maintaining compost piles and bins under his or her control as follows:
1. No compost bin shall exceed 125 cubic feet in volume and 5 feet in height.
2. All compost piles and bins shall be so maintained as to prevent the attraction or
harborage of rodents and pests.
3. All compost piles and bins shall be so maintained as to prevent the creation of odors
that would constitute a public nuisance.
4. No compost pile or bin shall be located in any yard except a rear yard. All compost
piles or bins shall be located not less than 5' from a property line or 20' from a
neighboring principal structure.
5. No compost bin shall contain any of the following:
a) Lake weeds, diseased plants.
b) Cooked food scraps, except coffee grounds and tea leaves.
c) Fish, meat, poultry, dairy products, oily foods, grease, foods containing animal
fats, bones, dog or cat waste.
d) Large items or items that will impede the composting process. Examples of
these items include large branches and logs, charcoal briquettes, and sawdust
from treated wood.
6. The following material may be placed in a compost bin:
a) Grass clippings, dry leaves, straw, dry hay, woodchips and sawdust from
untreated wood, shredded paper, egg and nut shells, hair and animal fur.
b) Raw vegetables and raw fruits suitable for composting.
c) Commercial compost additives.
8.56.040 - Violation—Penalty.
A. Any person who violates any of the provisions of this chapter shall, upon conviction thereof,
pay a forfeiture of not less than $25.00 nor more than $500.00, together with the cost of
prosecution. If default of payment of such forfeiture and the costs of prosecution, the
violator, in addition to any other remedies provided by law for such defaults, may be
committed to the Rock County Jail until such forfeiture and costs are satisfied.
B. Each and every day that a violation continues constitutes a separate offense.
C. It shall be the responsibility of the offender to abate the violations as expeditiously as
possible.
D. The City, in addition to the above penalties, may institute injunction, mandamus, abatement
or any other appropriate action or proceeding to prevent, enjoin, abate or remove the
violation, and/or the common council may revoke any license or permit.
E. In addition to and not necessarily in lieu of the forfeiture, penalties and other relief set forth in
this ordinance, upon seven days written notice to the property owner and/or possessor, in
the event that the subject property is not brought into and/or kept in conformity with the
regulations and requirements set forth in this chapter, the City may go upon the property to
bring it into conformity, in which event the full cost of such remediation shall be charged by
the City against the property as a special charge or assessment, and if not timely paid shall
be collected as a delinquent tax.
F. If, in any action, a permit was issued, it shall not constitute a defense, nor shall any error or
oversight by the City constitute a defense.
SECTION III. Section 8.58 of the Code of General Ordinances of the City of Janesville
pertaining to bird sanctuaries is hereby repealed.
CHAPTER 8.58 BIRD SANCTUARIES
8.58.010 Bird sanctuaries.
A. Bird sanctuary guidelines. All property owners wishing to install, plant, maintain, or permit
birds must adhere to the guidelines and regulations set forth in this chapter.
2. Location. Bird sanctuaries shall be located in the rear yacd poi:tiea—of residentially
zoned properties set back at least five feet from all lot lines.
3. Size. Bird sanctuaries shall be limited in size to 100 square feet.
/I. Maintenance. Vegetation in bird sanctuaries shall be managed by the property owner
and possessor such that it represents planned and designed control, direction, and
• e - - ---. _ . .- as - - - - - - - - •- - •-- --.
list (Chapter 8.56) may be planted, maintained or permitted in bird sanctuaries. Not
grass over 12 inches but only in bird sanctu- .
8.58.020 Violation Penalty.
A. Any person who violates any of the provisions of this chapter shall pay to the City, upon
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the cost of prosecution. In default of payment of such forfeiture and the costs of
satisfied.
B. Each and every day that a violation continues constitutes a separate offense.
C. It shall be the responsibility of the offender to abate the violatiens as expeditiously as
possible-
D. The City, in addition to the above penalties, may institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or
E. In addition to and not necessarily in lieu of the forfeiture, penalties and other relief set forth
the event that the subject property is not brought into and/or kept in conformity with the
regulations and requirements set forth in this chapter, the City may enter upon the property
ADOPTED: May 28, 2019 Motion by: Marklein
Second by: Benson
APPROVED: Councilmember Aye Nay Pass Absent
i&I ..;//5„ Conley X
Farrell X
Mark A. Fr stag, City Manager Gruber X
Jorgensen X
ATTE / Marklein X
Williams X
,I, / / - Wolfe X
David T. Godek, City lerk-Treasurer
APPROVED AS TO FORM:
/2 1--J Q-0=1.a
Assistant City Attorney, Tim Wellnitz
Proposed by: Sustainable Janesville Committee
Prepared by: Operations Division