2019-769 ORDINANCE NO. 2019-769
An ordinance amending JGO Zoning Ordinance Section 18.36.050 – Industrial Districts, and
creating certain new Zoning Code sections so as to allow migrant worker housing under a
conditional use permit, with penalties and other relief for violations thereof as set forth in
JGO Chapter 18.28.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 18.20.625 of the Code of General Ordinances of the City of Janesville,
under Definitions, is hereby renumbered to read as follows:
18.20.625 18.20.629 - Mini-warehouse. Mini-warehouse means a building or buildings containing
separate storage spaces of varying sizes leased or rented for the storage of customers' goods.
SECTION II. Sections 18.20.626, 18.20.627, and 18.20.628 of the Coe of General
Ordinances of the City of Janesville are hereby created, respectively, to read as follows:
18.20.626 - Migrant labor contractor. Migrant labor contractor means any person, who, for a fee or
other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers,
excluding members of the contractor's immediate family, for employment in the State of Wisconsin.
Migrant labor contractor shall not include an employer or any full-time regular employees of an employer
who engages in any such activity for the purpose of supplying workers solely for the employer's own
operation.
18.20.627 - Migrant labor housing. Migrant labor housing means the site and all structures maintained
as living quarters by. for or under the control and supervision of any person for: 1. Any migrant worker; or
2. Any other person who is not related by blood, marriage, or adoption to his or her employer and who
occasionally or habitually leaves an established place of residence to travel to another locality to accept
seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing,
packaging, processing, freezing, grading, or storing of any agricultural or horticultural commodity in its
unmanufactured state.
18.20.628 – Migrant Worker. Migrant worker means any person who temporarily leaves a principal
place of residence outside of this state and comes to the State of Wisconsin for not more than ten (10)
months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling,
drying, packing, packaging, processing, freezing, grading, or storing of any agricultural or horticultural
commodity in its unmanufactured state.
SECTION III. Section 18.36.050 B.2.c. Conditional uses of the Code of General Ordinances
of the City of Janesville is hereby amended to read as follows:
c. Conditional uses: The following may be allowed in M2 district subject to the provisions of Section
18.24.040, Conditional uses:
i. Industrial planned unit developments;
ii. Airports, heliports, and aircraft landing fields;
iii. Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a
residence district;
iv. Chemical manufacturer;
v. Concrete products castings;
vi. Junkyards, salvage yards—Provided they are licensed by the Common Council, fully screened,
and located no closer than 300 feet from a residence district;
vii. Motor freight terminals;
ORDINANCE NO. 2019-769
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viii. Restaurant or commercial uses if they are incidental to a permitted use;
ix. Railroad freight terminals, railroad;
x. Storage of petroleum products;
xi. Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum
NRA standards for safe ranges.
xii. Communication towers including, but not limited to, radio, television, microwave relay, cellular
phone, and all other towers. Television and radio antennas 30 feet or less in height are not
included in this listing.
xiii. Placement and operation of temporary and portable power generating equipment or facilities not
to exceed two (2) years.
xiv. Seasonal migrant labor housing, on the same or adjacent site and accessory to the industrial
use being served, subject to Section 18.24.085 of the Code of General Ordinances.
SECTION IV. Section 18.24.085 of the Code of General Ordinances of the City of Janesville
is hereby created to read as follows:
18.24.085 Seasonal Migrant Labor Housing.
A. Conditional Use Permit Required: A conditional use permit is required prior to the establishment of
any migrant labor housing development.
1. The conditional use shall be reviewed annually by the Plan Commission for the first two (2)
years of operation to ensure that approval conditions are being met and additional conditions are
not needed.
2. The conditional use is only valid while there is a business or industry within the City of Janesville
requiring migrant workers. When the seasonal use is discontinued for a period of three (3)
consecutive years, all housing structures and common use facilities shall be removed from the
property.
3. Violations to approval conditions may result in revocation of the conditional use permit upon a
hearing held by the Janesville Plan Commission and such other relief as provided in this
Chapter, in law, and/or in equity..
B. Seasonal Migrant Labor Housing Standards:
1. Migrant labor facilities and housing must meet all provisions of Chapter DWD 301, Department
of Workforce Development, published under Wis. Stats. S.35.93, as from time to time amended
or renumbered.
2. The maximum number of inhabitants allowed in the facility and in each room shall be specified
and each habitable unit shall be defined. The occupant load shall be posted inside each
building.
3. Only the first floor can be used as dormitory type of migrant labor housing and dormitory type
housing cannot be used for non-migrant workers.
4. Basement and second floor rooms or apartments cannot be used for habitation unless specified
in the conditional use permit.
5. The facility, and each room within it, cannot exceed the number of tenants specified in the
conditional use permit. There shall be an inspection of the facilities by City of Janesville
inspection staff if there are complaints about the number of individuals in the facility or its rooms.
C. Site Specifics:
1. Seasonal migrant labor housing may only be established on the same or adjacent site and
accessory to the industrial use being served.
2. Site plan review shall be conducted in accordance with JGO 18.24.050.
3. The off-street parking standards described in JGO Section 18.32.060, as from time to time
amended or renumbered, shall be adhered to at all times. The required parking ratio for migrant
labor housing is one (1) parking stall per five (5) migrant workers.
4. All permanent loading facilities and trash/recyclable storage areas shall be completely screened
from view by an opaque vertical wall or fence that is a minimum of Five feet (5') in height or
greater as necessary to adequately screen the trash enclosure(s). Said wall or fence shall be
constructed of the same or complementary materials as the building that it serves. Loading &
trash storage area shall be designed in consultation with professional service providers in order
to accommodate all desired functions within the screened area. Loading & trash storage areas
shall be proximal to the building they serve in order to provide convenience in access for
employees using such facilities.
5. Each housing structure and common use facility within the migrant labor housing development
shall be connected to municipal water and sewer service.
SECTION V. 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: October 14, 2019 Motion by: Williams
Second by: Marklein
APPROVED: ICouncilmember Aye Nay Pass Absent
// ---" Benson X
(�•� Conley X
4 t
Mark A. Fr it.g, City Manager Farrell X
Gruber X
ATTE/ —, Marklein X
Williams X
Da . odek, City Cl-rk-Treasurer Wolfe X
APPROVED AS TO FORM:
Wald KlimczykMy Attorney
Proposed by: Administration
Prepared by: Planning Division