Janesville City Zoning Code

ARTICLE XIII

ZONING DISTRICTS AND MAPS

Sec. 42-439.- Zoning districts and maps.

(a)

General requirements for districts.

(1)

Zoning districts established. In order to carry out the purposes and provisions of this article, the following zoning districts are established:

Residence districts.

R1 Single-Family and Two-Family Residence District.

R1D Two-Family Residence District.

R2 Limited General Residence District.

R3M Medium Density Residence District.

R3 General Residence District.

R4 Central Residence District.

Office/residence districts.

O1 Office/Residence District.

O2 Central Office/Residence District.

O3 Neighborhood Office District.

Business districts.

B1 Neighborhood Convenience District.

B2 Community Shopping District.

B3 General Commercial District.

B4 Business Highway.

B5 Central Business District.

B6 Central Service District.

BT Business Technology District.

Industrial districts.

M1 Light Industrial District.

M2 General Industrial District.

M3 Central Light Industrial District.

M4 Central General Industrial District.

Special purpose districts.

A Agriculture District.

M Mining District.

C Conservancy District.

Overlay districts.

F Floodplain Overlay District.

P Parking Overlay District.

H Historic Overlay District.

(b)

Zoning district maps. The location and boundaries of the zoning districts are established as shown on maps entitled "zoning district map" on file in the office of the City Planner. The zoning district map, together with all information shown thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein.

(c)

Rules for location of district boundary lines. Boundaries of zoning district lines that follow streets and alleys shall be drawn to the centerline. Where a dimensional boundary line appears to coincide with a lot, parcel, or section line which existed on the effective date of incorporation of such boundary line into the zoning map, the said line shall be construed to be the lot, parcel, or section line at that location. Streets and alleys which are shown on the zoning district map and which heretofore have been vacated, or which may be vacated hereafter, shall be in the same zoning district as the lots, or parcels abutting both sides of the street or alley involved.

(Code 1976, § 18.36.010)

Sec. 42-440. - Residence districts.

(a)

General requirements.

(1)

A permitted use is a use of land or buildings which is specifically allowed in the regulations applicable to a particular residence district. No land or building shall be devoted to any use other than one listed as a permitted use in the applicable zone with the exception of the following:

Uses lawfully established on the effective date of the ordinance codified in this chapter; and

Conditional uses allowed in accordance with the provisions of Section 42-272.

Uses lawfully established on the effective date of the ordinance codified in this chapter and rendered nonconforming by the provisions thereof, shall be subject to those regulations of Section 42-359 governing nonconforming uses.

(2)

Green area. Green area shall be permanently provided and properly maintained on each lot devoted to any permitted or conditional use as set forth in each residential zoning district. This area shall be unobstructed to the sky and shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar uses, but shall be usable for greenery, recreational space, and other leisure activities normally carried on outdoors. At least 50 percent of the green area requirement shall be provided in the front or corner side yard between the principal building and the front or corner side property line. In no event shall this requirement necessitate the principal building be set back a distance greater than the minimum front setback of the zoning district in which the property is located.

(3)

Open space. Open space shall be provided on each lot devoted to any permitted or conditional use as set forth in each residential district. Open space may be devoted to service driveways, walks, off-street parking space, swimming pools, tennis courts, green area, or other similar uses, but no building or structure shall be permitted within the required open space. The open space requirement specified in the R1 and R2 Districts may include the required green area.

(4)

Parking of camping and recreational equipment on private residential property.

Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes.

If the lot is equipped with a garage of sufficient size, any such camping or recreational equipment shall be parked or stored inside the garage.

If the camping and recreational equipment is parked or stored outside a garage it shall be parked or stored to the rear of the front building line of the building, providing that there is reasonable access to the rear of said line via an existing driveway to allow such parking or storing.

If the lot is not equipped with a garage or reasonable access to the rear of the front line of the building via an existing driveway, then the camping and recreational equipment shall be parked or stored in the driveway of the lot, providing that such parking or storage does not interfere with normal use of any public sidewalk.

No camping and recreational equipment shall be permitted to be parked or stored in the required side yard setback unless it is parked or stored in the driveway.

Notwithstanding the provisions of Subsection (4)a.2 through (4)a.5 of this section, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes for a period of time not to exceed 48 hours.

No more than two camping and recreational equipment vehicles designed for human habitation shall be permitted on any one lot.

For the purposes of this section, camping and recreational equipment includes, but is not limited to, boats, boat trailers, camping trailers, fifth wheel travel trailers, motor homes, private buses, snowmobiles, travel trailers, and truck campers. Motor-driven cycles and mopeds shall not be considered recreational equipment for purposes of this section.

(5)

Established setback line. Where at least 50 percent of the three adjacent lots improved with residences on either side of the building lot in question on one side of the street within the same block have a front/corner side setback less than required by this chapter, an average front/corner side setback shall be computed for the defined area. Any new residence and new alteration of any existing residence may conform to that average front/corner side setback. For the purpose of computing such an average front/corner side setback, vacant lots within the defined area shall be considered as having the minimum front/corner side setback required in that zone district.

(6)

Setbacks for L-shaped, two-family residences. Where a two-family residence is located on a corner lot, is L-shaped, and is addressed on two different streets, the minimum setback requirements shall be as follows:

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(7)

Greater side and rear setbacks required for multiple-family 2½ stories or higher and nonresidential. Where a multiple-family building greater than 2½ stories in height or a nonresidential building is to be constructed on a lot adjoining a residential use in an R1 or R2 District, side and rear yard setback shall be 25 feet or equal in dimension to the height of such multiple-family or nonresidential building as it sits above grade, whichever is greater.

(8)

Use of trucks, travel trailers or mobile homes.

Trucks, travel trailers or mobile homes shall not be permitted in any residence district as principal or accessory buildings except as provided for in mobile home courts or travel trailer camp regulations in compliance with this chapter or for temporary offices for construction sites. The parking or storage of semitrailer cab units, truck trailers, or trucks over 12,000 pounds g.v.w. is prohibited in any residence district except as provided in Subsection (a)(8)b;

The following vehicles are exempt from the maximum weight restriction in this section:

Human service vehicles as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.

Registered vehicles bearing antique license plates issued by the State of Wisconsin.

Registered vehicles bearing collector license plates issued by the State of Wisconsin.

Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.

Medium-duty wrecker tow trucks or flat beds that are currently on-call through the no-preference tow rotation and meet the following requirements:

(i)

Do not have a towed vehicle attached to or at the property.

(ii)

Parked in the driveway not encroaching onto the sidewalk or public right-of-way.

(iii)

The address of the on-call employee has been previously provided to the City of Janesville.

(iv)

A home occupation is not being conducted at a residential location.

(9)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner with the exception of single- and two-family driveway openings which shall be located at least 25 feet from a block corner. The maximum driveway opening shall be no greater than 24 feet at the sidewalk line and 30 feet at the curb. For single- or two-family residences which have garages that accommodate two or more cars and that have direct access to a public street, the Building Division Director may increase the maximum driveway width to 30 feet at the sidewalk line and 36 feet at the curb. The Building Division Director may increase the maximum driveway opening to a width not greater than 36 feet at the sidewalk line and 42 feet at the curb to accommodate access to two-car garages for side-by-side two-family dwellings. Where a drive is in joint use with adjoining properties, there shall be at least ten feet of drive on each parcel. The Site Plan Review Coordinator shall have the discretionary authority to increase described single- and two-family driveway opening standards as he or she deems necessary for the specific lot and under the particular facts and circumstances, but in no event ever more than 20 percent of the requirement.

(10)

Revocation of community living arrangements by City Council. A permit to operate a community living arrangement may be revoked by the City Council if it is determined that a community living arrangement poses a threat to the health, safety or welfare of the community following a public hearing in accordance with Wis. Stats. § 62.23(7)(i) 9 and 10.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Permitted roof surfacing materials (including accessory garages and carports): wood shakes, asphalt, fiberglass, composition or wood shingles, clay, concrete or metal tiles, slate, rubber membrane, built-up gravel materials;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

The Zoning Board of Appeals may waive one or more of the above minimum standards, except the standard in Subsection (a)(16) of this section, upon a finding that the proposed architectural style provides compensating design features and the dwelling will be compatible with other dwellings in the neighborhood.

(12)

Enclosure of refuse storage area. With the exception of properties which are provided curbside pickup from the City, trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall be made of the same material as the immediate adjacent wall of the principal building or such material as would not detract from the immediate surrounding neighborhood as approved by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(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 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 chapter and the other applicable City of Janesville Subdivision Regulations. One temporary real estate sales office may be 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 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 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.

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 ten lots or units within the subdivision or development for which the use is located.

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.

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.

A site plan, prepared in accordance with the Site Plan Review Ordinance Section 42-274, including exterior elevations (four sides), interior floor plans, and landscape plans shall be provided with the site plan permit application.

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.

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 Chapter 28.

The Site Plan Review Coordinator shall have the authority to suspend, revoke, or modify a temporary use permit immediately upon his or 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 or her determination of the adequacy of the cure.

There shall be no more than five employees maximum on-site conducting sales activities or other work activities in such temporary real estate sales office at any one time.

(b)

District requirements.

(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 outlying urban parts of the City.

Permitted uses.

Single-family dwellings;

Parks, playgrounds and open spaces;

Schools: elementary, junior high and senior high;

Church facilities but not including related convention or assembly facilities or the storage of buses or other motor vehicles on the premises;

Home occupations in accord with Section 42-275;

Community living arrangements for eight or fewer individuals and adult family homes subject to the following provisions:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21 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, shall be located no closer than 2,500 feet from another community living arrangement or adult family home;

Raising grain or hay crops for cash sale or for use as feed, provided such feed use is conducted on-premises located outside the City. Such use shall be permitted only on unplatted land of five or more contiguous acres;

Family day care homes;

Bed and breakfast establishments for one to four boarders.

Conditional uses. The following may be allowed in R1 District subject to the provisions of Section 42-272, conditional uses:

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;

Pre-schools, day care centers and nursery schools;

Community living arrangements for nine to 15 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 18-21, 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)

(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 12,000 square feet in area;

Planned unit developments, as provided for in Section 42-274, for uses permitted in the R1 district;

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;

Community facilities, such as, public community centers, public recreation facilities;

Bed and breakfast establishments for five to eight boarders, provided that the following conditions are met:

(i)

The establishment has a valid permit from the County Health Department;

(ii)

The establishment is located in an owner-occupied, single-family dwelling;

(iii)

No outside employees are permitted;

(iv)

The maximum designed occupancy is limited to eight boarders plus the residents of the home. A building floor plan shall be placed on file with the Building Division indicating the number of rooms available for rental lodging and the maximum occupancy of each room indicated, the total of which may not exceed eight occupants;

(v)

One parking stall shall be provided for each boarding room in addition to the two required for the principal residence;

(vi)

Any site signage shall be limited to four square feet in size, shall have no illumination and shall be less than five feet in height;

(vii)

Length of stay shall not exceed 14 consecutive days for each registered boarder;

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;

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 Section 42-272 and subject to the exceptions outlined in Subsection (b)(1)b.9.(viii) of this section which follows. In reviewing the appropriateness of lots for two-family dwelling construction, the Plan Commission may consider the following location criteria:

(i)

Corner lots;

(ii)

Lots fronting on through arterial streets as those are identified by Chapter 38 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 percent 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 compatibility of the proposed structure or structures with existing buildings in the surrounding area may also be considered;

(viii)

Exceptions.

Two-family dwellings shall be permitted in locations identified on land divisions occurring after September 13, 1999, through the procedures outlined in Chapter 36 after approval of the proposed two-family lot locations by the Plan Commission following a public hearing on the designation of said two-family lots. The public hearing and approval shall occur during review of preliminary land divisions. The public hearing shall be noticed in accord with the procedures outlined in Section 42-272(e). The Plan Commission may consider the criteria in Subsections (b)(1)9(i)—(b(1)9(vi) of this section 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 this chapter's 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 City Council;

Prior to September 13, 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 September 13, 1999, that indicates that a residential lot in existence before September 13, 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 42 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 City Council;

Prior to September 13, 2000, any person may request approval of a conditional use permit for construction of a two-family dwelling for any lot in existence before September 13, 1999. The Plan Commission shall conduct their review following the procedures of Section 42-272. 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 in Subsections (b)(1)9(i)—(b)(1)9(vi) of this section during such review. Any permit issued under this provision shall be valid until such time as the Chapter 42 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 City Council.

Lot area.

Single-family detached: not less than 7,700 square feet;

Two-family detached: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior, side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area;

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement;

Maximum building height. Two and one-half stories or 30 feet, whichever is greater;

Off-street parking shall be provided as regulated in Section 42-360.

(2)

R1D 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 R1D District is generally mapped in the outlining urban parts of the City.

Permitted uses.

Any use permitted in the R1 District.

Two-family dwellings, provided that no more than 50 percent 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 percent 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 42-274.

Conditional uses. The following may be allowed in R1D District subject to the provisions of Section 42-272:

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;

Pre-school, day care centers and nursery schools;

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

(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 2,000 feet from another community living arrangement or adult family home;

(iii)

The facility shall be designed and maintained to appear as a one- 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 12,000 square feet in area.

Planned unit developments as provided for in Section 42-274, for uses permitted in the R1 District;

Community facilities, such as: public community centers, public recreation facilities;

Bed and breakfast establishments;

Lot area.

Single-family dwelling: not less than 7,700 square feet;

Two-family dwelling: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Subsection (b) of Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(3)

R2 Limited General Residence District. The R2 Limited General Residence District is designed to provide areas which are to be occupied substantially by single-family and two-family dwellings. This district is intended to accommodate existing platted lots with areas of 5,000 through 7,700 square feet to prevent numerous dwellings from becoming nonconforming and to accommodate new higher-density development.

Permitted uses. Any use permitted in the R1 District.

Conditional uses. The following may be allowed in R2 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R1 District;

Planned unit developments as provided for in Section 42-274, for uses permitted in the R2 District.

Lot area.

Single-family detached: not less than 5,000 square feet;

Two-family detached: not less than 8,000 feet.

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: Two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. Forty percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building's height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(4)

R3M Medium Density Residence District. The R3M Medium Density Residence District is primarily intended to provide a low- to medium-density multiple-family area where townhouses, fourplex and garden apartments are the predominate land use. Such districts could be located along collector and arterial streets or between low density and more intensive land uses.

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings containing no more than five units per building.

Conditional uses. The following may be allowed in the R3M District subject to the provisions of Section 42-272, conditional uses:

Conditional uses permitted in the R2 District;

Planned Unit Developments as provided for in Section 42-274 for uses permitted in the R3M District;

Multiple-family dwellings containing six to eight units per building;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(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 2,500 feet from another community living arrangement or adult family home.

(iii)

The facility shall be adequately designed and landscaped to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot no less than 18,000 square feet in area for the first 16 residents, plus an additional 3,000 square feet of land for each additional residents.

Lot area.

Single-family detached: not less than 5,000 square feet.

Two-family: not less than 8,000 square feet.

Three- to eight-family units: multiple-family dwelling units that contain more than two units shall have at least 3,000 square feet of land area for each unit.

Lot width. Not less than 50 feet, as measured at the front setback line.

Minimum setback requirements for principle uses.

Front yard: 25 feet;

Side yard: Eight feet for single-family and two-family units.

Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave width for single- and two-family dwellings (except as provided in Section 42-363) and ten feet for all other uses;

Corner side yard: 25 feet from property lines;

Rear yard: Two feet plus the eave width for single- and two-family dwellings and ten feet for all other purposes.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(5)

R3 General Residence District. The R3 General Residence District is intended to protect and enhance the character and value of residential areas primarily occupied by varied dwelling types of moderate density and to accommodate areas planned for new residential development of moderate density.

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings, after a favorable recommendation by the Site Plan Review Committee;

Community living arrangements for 15 or fewer residents and adult homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet.

Conditional uses. The following may be allowed in the R3 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R2 District.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents.

Colleges, universities, and schools that provide residence halls for on-campus living.

Cemeteries.

Mausoleums provided the mausoleum located within a cemetery.

Planned unit developments as provided for in Section 42-274 for uses permitted in the R3 District.

Roominghouses, boardinghouses or lodginghouses.

Nursing homes, rest homes for the elderly and convalescing.

Mobile home courts as provided for in Section 42-276.

10.

City-owned museums or museums owned by nonprofit organizations, provided the museum is established in a building existing at the time of the adoption of this zoning title.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but less than nine units shall have at least 8,000 feet of land area for the first two units, plus an additional 1,300 square feet of land for each unit greater than two units and less than nine units.

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom or efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet for single- and two-family units. Side yard: ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines; rear yard, two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(6)

R4 Central Residence District. The R4 Central Residence District is primarily designed to be mapped in areas immediately surrounding the Central Business District. This district accommodates the highest residential densities and is designated in locations with direct access to convenience services, including shopping, civic functions and public transportation.

Permitted uses. Uses permitted in the R3 District.

Conditional uses. Conditional uses permitted in R3 District except mobile home courts.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but less than nine units shall have at least 5,400 square feet of land area for the first two units, plus an additional 400 square feet of land for each unit greater than two units and less than nine units.

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedroom	1,000 per unit	1,100 per unit
1 bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet for single- and two-family units. Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines;

Rear yard: Two feet plus the eave.

Green area. Twenty-five percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(Code 1976, § 18.36.020; Ord. No. 2021-814, 2-22-2021)

Sec. 42-441. - Office/residence districts.

(a)

General requirements. Office/residence district regulations are intended to govern the development and use of residences, particularly high density apartments, in a compatible setting with office buildings, civic and governmental structures, and educational and institutional structures.

(1)

Permitted uses. Each building, structure and parcel and the erection, construction, reconstruction, moving occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the office/residence district in which such land, structure, or building shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before the ordinance from which this article is derived was adopted or amended, and which become legally nonconforming as a result of the ordinance from which this article is derived was adopted or amended, shall be subject to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses may be allowed as listed in each office/residence district. Said conditional uses shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(4)

Outside display of merchandise. Storage of materials and equipment, business servicing and processing and display of merchandise shall be conducted within completely enclosed buildings with the exception of seasonal merchandise which may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, required green area or obstruct vehicular or pedestrian access.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, or mobile home or similar vehicle shall be permitted in office/residence districts as a principal building.

No truck, travel trailer, panel truck, mobile home or similar vehicle shall be permitted on any premises in an office/residence district for more than 72 consecutive hours or for more than 96 hours in any 168-hour period as an accessory building or use or for storage of materials except as provided below:

Such vehicle is completely screened from view;

Such vehicle is used as a construction office, parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subdivision (4) of this section.

(6)

Green area.

Green area shall be permanently provided and properly maintained on each lot devoted to any permitted or conditional use as set forth in each office/residence zoning district. Such green area shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar uses, but shall include landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers, and other types of aesthetic treatment.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement if authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee;

Such storage area enclosure shall be made of the same material as the immediate adjacent wall of the principal building or such other material as would not detract from the immediate surrounding neighborhood as approved by the Site Plan Review Committee;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

(9)

Setback. Setbacks shall be as provided in each of the office/residence districts, except where at least 50 percent of the lots improved with buildings on one side of the street within the same block have a front setback on said street less than required by this chapter, an average front setback shall be computed for the block. Any new building and new alteration of any existing building may conform to that average front setback. For the purpose of computing such an average front setback, vacant lots within such block shall be considered as having the minimum front setback required in that district.

(10)

Setbacks for L-shaped two-family residences. Where a two-family residence is located on a corner lot, is L-shaped, and is addressed on two different streets, the minimum setback requirements shall be as follows:

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area, excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Permitted roof surfacing materials (including accessory garages and carports): Wood shakes, asphalt, fiberglass, composition or wood shingles; clay, concrete or metal tiles; slate; rubber membrane; built-up gravel materials;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

The Zoning Board of Appeals may waive one or more of the above minimum standards, except the standard in Subsection (a)(11)a of this section upon a finding that the proposed architectural style provides compensating design features and the dwelling will be compatible with other dwellings in the neighborhood.

(b)

District requirements.

(1)

O1 Office/Residence District. The O1 Office/Residence District is designed primarily to accommodate residences, particularly moderate-density apartments in a compatible setting with office buildings, civic and governmental structures, and educational and institutional structures. Such uses would maintain the basic residential character of the district and of adjoining residential districts, with regard to building appearance and yard requirements.

General condition. The parking of trucks when used in the conduct of a permitted use in the O1 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Single- and two-family dwellings;

Offices, business, professional and public;

Libraries;

Art galleries, museums and cultural institutions;

Clubs and lodges, private, religious or fraternal;

Medical and dental clinics;

Educational and institutional uses (public and hilanthropic);

Funeral homes;

Fire stations;

10.

Churches;

11.

Group care and family care facilities, nursery schools;

12.

Parks, playgrounds and open spaces;

13.

Nursing homes, rest homes for the elderly and convalescing;

14.

Hospitals. Setback requirements for hospitals only:

(i)

Front yard: 25 feet;

(ii)

Corner, side yard: 25 feet;

(iii)

Any yard abutting a street: 25 feet;

(iv)

Side yard: ten feet or none if common party fire wall provided;

(v)

Rear yard: ten feet or 25 feet if adjoining a residence district.

15.

Community living arrangements for 15 or fewer residents and adult family homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet;

16.

Community facilities, such as public community centers, public recreation facilities, public and private elementary and secondary schools;

17.

Interior design studios, art studios and photographic studios, provided there is no warehousing or on-site storage of merchandise and no retail sales of materials or supplies;

18.

Schools, music, dance and business;

19.

Radio and TV recording studios;

20.

Personal services salon, offering services such as hair care, nails, facials, tanning, myofascial and massage therapy is permitted except in instances where a single- or two-family dwelling is established as a principle permitted use on the premises. The retail sale of beauty supplies or products is permitted as an accessory use only.

Conditional uses. The following may be allowed in the O1 District subject to the provisions of Section 42-272:

Public utility uses, such as electric substations, water reservoirs, telephone transmission equipment buildings, telephone exchanges and gas regulator stations. Sewage lift stations and water pumping stations located above ground;

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses in the O1 District;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting;

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents;

Banks and other types of financial institutions with drive-in facilities;

Private outdoor recreational activity accessory to a listed permitted use;

Lodginghouses, roominghouses and boardinghouses;

Residential shelter care facilities;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel;

10.

Multiple-family dwellings are defined as any building containing three or more dwelling units.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

(ii)

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but square feet of land area for the first two units, plus an additional 1,300 square feet of land for each unit greater than two units and less than nine units,

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all streets lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet;

Adjoining a residence district, where a multiple-family building greater than 2½ stories in height or nonresidential building is to be constructed on a lot adjoining an R1 or R2 District, side and rear setback shall be 25 feet or equal in dimension to the height of such multiple-family or nonresidential building as it sits above grade, whichever is greater.

Minimum setback requirements for accessory uses.

Front yard: five feet to the rear of the principal building;

Side yard: two feet, plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Screening. There shall be provided and maintained a permanent screening buffer strip along any boundary of an O1 District which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which, at the time of planting, shall be a minimum of three feet in height and three feet in width and shall, within a period of four years, attain a height and width of at least five feet. When such screening is within the required front or corner side yard, the maximum height shall be 30 inches. These screening provisions shall not apply to residential uses which are located in an O1 District. The Building Division Director may modify the screening requirements when screening exists on adjoining property.

Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(2)

O2 Central Office/Residence District. The O2 Central Office/Residence District is developed to accommodate office buildings, civic and governmental structures, educational and institutional structures, and certain art-related uses in a compatible setting with residences, particularly high-density apartments, located in the Central City. It is intended that the application of the O2 District be limited to the following area:

Beginning at the point where the centerline of East Wall Street intersects the centerline of North Division Street; thence northeasterly along the centerline of East Wall Street to the centerline of North Atwood Avenue; thence southeasterly along the centerline of North Atwood Avenue to the centerline of East Milwaukee Street; thence southwesterly along the centerline of East Milwaukee Street to the centerline of Wisconsin Street; thence Southeasterly along the centerline of South Wisconsin Street to the centerline of St. Lawrence Avenue; thence southwesterly along the centerline of St. Lawrence Avenue to the centerline of South Division Street; thence southeasterly along the centerline of South Division Street to the centerline of East Van Buren Street; thence southwesterly along the centerline of East Van Buren Street to the middle of the block between South Parker Drive and South Main Street; thence southeasterly along said mid-block line a distance of about 2½ blocks to the southeast corner of Lot 3 in McKey's Addition; thence southwesterly along the southeast lot line of Lot 3 in McKey's Addition to the centerline of South Main Street; thence southeasterly along the centerline of South Main Street to the centerline of East Racine Street; thence southwesterly along the centerline of East Racine Street to the middle of the block between South River Street and South Franklin Street; thence northwesterly along said mid-block line to the centerline of West Holmes Street; thence southwesterly along the centerline of West Holmes Street to the centerline of South Franklin Street; thence northwesterly along the centerline of South Franklin Street to the centerline of West Van Buren Street; thence southwesterly along the centerline of West Van Buren Street to the centerline South High Street; thence northwesterly along the centerline of South High Street to the centerline of West Court Street; thence west along the centerline of West Court Street to the centerline of Locust Street; thence northwesterly along the centerline of Locust Street to the centerline of West Milwaukee Street; thence northeasterly along the centerline of West Milwaukee Street to the centerline of High Street; thence southeasterly along the centerline of High Street to the centerline of Dodge Street; thence northeasterly along the centerline of Dodge Street to the centerline of South Franklin Street; thence southeasterly along the centerline of South Franklin Street to the centerline of West Court Street; thence northeasterly along the centerline of Court Street to the centerline of South Division Street; thence northwesterly along the centerline of South and North Division Street to the centerline of East Wall Street, which is the point of beginning.

General condition. The parking of trucks when used in the conduct of a permitted use in the O2 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Uses permitted in the O1 District;

Design, production, display and sales of art related merchandise and services including interior design studios, art or craft studios and photographic studios, provided there is no warehousing or on-site storage of merchandise; sale of art materials or supplies is permitted as an accessory use only.

Conditional uses. Conditional uses permitted in the O1 District.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

(ii)

Three- to eight-family units. Multiple-family dwelling units that contain more than two units, but less than nine units shall have at least 5,400 square feet of land area for the first two units, plus an additional 400 square feet of land for each unit greater than two units and less than nine units.

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedrooms	1,000 per unit	1,100 per unit
l bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements. None, except as provided below: If a lot in the O2 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Maximum height. None.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(3)

O3 Neighborhood Office District. This district is intended to accommodate high quality office and institutional land uses at intensities compatible with residential districts in locations where traffic volumes and adjacent land use dictate a transition between residential and more intensive nonresidential uses. It is not intended that this zoning district replace the O1 and O2 Districts but instead provide another zoning alternative to accommodate small scale office development.

General provisions.

Generally, the O3 District shall be mapped in quantities not exceeding five acres;

Residential uses are prohibited, except that a single dwelling unit is permitted if located within a structure erected to accommodate a use allowed within the district;

Retail and commercial services are prohibited except where clearly accessory to a listed permitted use;

Drive-in facilities, drive-up facilities or any other type of service providing or offering goods, service or products directly to customers waiting in motor vehicles are not permitted, including drive-up telephones.

The outside conduct, display or storage of any product, inventory, materials, equipment or service is prohibited, including, but not limited to, seasonal merchandise, beverage machines, ice machines, LP gas tank storage, pallets, landscape plants or materials, and children's amusement rides. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure.

Permitted uses.

Offices, business, professional and public;

Medical and dental clinics;

Funeral homes;

Churches;

Public libraries;

Underground public utility uses, such as, electric substations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use;

Interior design studios, art studios and photographic studios.

Conditional uses. The following may be allowed in the O3 District subject to the provisions of Section 42-272, conditional uses:

Above ground public utility uses, such as, electric sub-stations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the O3 District.

Retail and commercial service uses accessory to listed permitted or conditional uses.

Large developments as defined by having any one of the following characteristics:

(i)

(ii)

Any development that contains more than one building per site, lot or parcel.

One-story principle buildings between 5,000 and 10,000 gross square feet in size;

Fire stations;

Day care centers (nine or more children).

Minimum lot area. None.

Minimum lot width fronting a public street. None.

Maximum building size.

Principal buildings. 5,000 square feet per floor and 10,000 square feet total except as provided in Subsection (c) of this section.

Accessory buildings. 750 square feet.

Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 35 feet and any such building shall not contain more than two stories above grade.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking:

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

Side yard: ten feet;

Rear yard: 25 feet except for corner lots, which shall be treated as having two side yards;

Adjoining a residence district: 25 feet or equal in dimension to the height of the building, whichever is greater;

Parking shall be set back a minimum of 15 feet from any front or corner yard property line and five feet from all other property lines except when adjoining a residence district where the setback shall be ten feet.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area except that sites containing one-story principle buildings between 5,000 and 10,000 square feet shall provide 30 percent of the total lot area as green area.

Site access. Vehicle access for nonresidential development is prohibited from a local residential street unless said point of access is within 500 feet of a through or connecting arterial street as enumerated in Chapter 38 or, in the opinion of the City Engineer, said local street will eventually be classified as a through or connecting arterial street.

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the O3 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under-regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

Installation or use of any of the following types of sign, as they are defined in Chapter 28, is prohibited: Attention-getting devices, banners, directional signs, electronic message signs, instructional signs, mobile signs, off-premises signs, roof signs.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a). For uncontrolled intersections, which shall be applied to the following areas of the property:

All property corners located at street intersections and along all side property lines; and

At all intersections of driveways and sidewalks leading from the site to the adjoining property line or right-of-way lines. For these locations, the outside pavement, curb or sidewalk edges shall be used as the interior leg of the vision triangle and the intersecting property line as the other.

(ii)

The ground sign shall not exceed 32 square feet of total area including the sign base except for parcels having 600 linear feet or more of frontage on public streets, in which case the ground sign area may not exceed 48 square feet, including the sign base. The surface area of the sign base shall be calculated based on the total perimeter boundary of the base from the ground plane to the bottom of the sign area and from outside edge to outside edge of the vertical sides. Any openings in the base shall be included within the area calculation.

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height.

(v)

Changeable message boards or signs are not permitted as separate signs or components of a primary sign.

Wall signs may only be installed on facades of buildings that face a public street or parking area. No internally illuminated wall sign shall be placed on a wall or building elevation that adjoins or is opposite a residential zone district.

Within this district window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(Code 1976, § 18.36.030)

Sec. 42-442. - Business districts.

(a)

General requirements. Business district regulations are intended to govern the development and use of a full range of business establishments needed to provide service to the citizens of Janesville and its trading area. The various business district regulations are designed to secure compatible groupings of business and commercial establishments in accordance with their intended functions and extent of services.

(1)

Permitted uses. Each building, structure and parcel and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the business district in which such land, structure, or building shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before the ordinance codified in this chapter was adopted or amended, and which become legally nonconforming as a result of the adoption of the ordinance codified in this chapter or amendment, shall be subject to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses, as listed in each business district, may be allowed only in the business district indicated. Said conditional use shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(4)

Outside display of merchandise.

Storage of materials and equipment, business servicing and processing and display of merchandise shall be conducted within completely enclosed buildings with the exception of seasonal merchandise which may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, a required green area or obstruct vehicular or pedestrian access.

This section does not apply to the display of operable motor vehicles, boats, recreational vehicles, mobile homes, snowmobiles, and snowmobile trailers; however, these vehicles shall not be parked on the required green area or on the required off-street parking area. In addition this section shall not apply to a once annual special tent sale as defined in this chapter and approved through a site plan review in accordance with Subsection 42-273 to ensure compliance with Subsection (4) of this section.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, mobile home or similar vehicle shall be permitted in business districts as a principal building.

No truck, travel trailer, panel truck, mobile home or similar vehicle shall be permitted on any premises in a business district for more than 72 consecutive hours or for more than 96 hours in any 168-hour period as an accessory building or use or for storage of materials except as provided below:

Such vehicle is completely screened from view;

Such vehicle is used as a construction office parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subsection (4) of this section.

(6)

Green area.

Green area shall be permanently provided and properly maintained on each lot devoted to any permitted district. Such green area shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar use, but shall include landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers, and other types of aesthetic treatment.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

The quality and size of landscape planting within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjoining properties, there shall be at least ten feet of drive on each parcel.

(9)

Screening. There shall be provided and maintained a permanent screening buffer strip along any boundary of a business district which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which, at the time of planting, shall be a minimum of three feet in height and three feet in width and shall, within a period of four years, attain a height and width of at least five feet. When such screening is within the required front or corner side yard, the maximum height shall be 30 inches. The Building Division Director may modify the screening requirements when screening exists on adjoining property.

(10)

Setback. Setbacks shall be as provided in each of the business districts, except where at least 50 percent of the lots improved with buildings on one side of the street within the same block have a front setback less than required by this chapter, an average front setback shall be computed for the block. Any new building and new alteration of any existing building may conform to that average front setback. For the purpose of computing such an average front setback, vacant lots within such block shall be considered as having the maximum front setback required in that district.

(b)

District requirements.

(1)

B1 Neighborhood Convenience District. This district is intended to accommodate high quality convenience shopping and service uses at intensities compatible with residential districts and where traffic volumes and adjacent land uses dictate a transition between residential and more intensive nonresidential uses. The district is primarily intended to permit commerce and services that are necessary to satisfy basic shopping needs which occur daily or frequently, thus requiring that such uses be located in relative proximity to places of residence. The desired compatibility and transition is achieved within the district through the application of detailed requirements for green areas, landscaping, architecture, site lighting, traffic and pedestrian improvements, signage and other site plan and amenity standards.

General conditions.

All business establishments shall be office, retail or service establishments dealing directly with consumers.

Dwelling units are permitted above the first floor of a building at densities allowed in the R3M Medium Density Residence District. A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building. Only one business may be located in a building that also contains a residence on the first floor.

Hospitals are prohibited.

Permitted uses.

Any use permitted in O3 District except as specified in Subsection (b)(1)a of this section;

Apparel and apparel accessory stores;

Art and craft stores;

Banks and other types of financial institutions;

Barbershops;

Beauty shops;

Book, stationery, newspaper or magazine stores;

Camera and photographic stores;

Candy, confectionery, or ice cream stores;

10.

Card, curio and gift shops;

11.

Coffee shops;

12.

Drugstores;

13.

Dry cleaning establishments retail only;

14.

Florist shops;

15.

Food stores, bakeries, grocery stores, meat and fish markets, delicatessens, and fruit and vegetable markets, convenience stores without petroleum product dispensing, sales or storage;

16.

Garden supply stores;

17.

General merchandise stores;

18.

Hardware stores;

19.

Laundries, self-service, coin-operated;

20.

Liquor stores;

21.

Locksmith shops;

22.

Photography studios;

23.

Optical goods stores;

24.

Post offices (branch only);

25.

Radio, music and musical instruments and computer stores;

26.

Retail bakeries;

27.

Small electrical appliance, clock, watch and jewelry sales and repair shops;

28.

Sport equipment and clothing stores;

29.

Shoe repair shops;

30.

Tax return preparation stores;

31.

Underground public utility uses such as, electric substations, sewage lift stations, water pumping stations, water reservoirs, telephone transmission equipment, gas regulator stations;

32.

Video tape rental and sales stores;

33.

Exercise studio.

Conditional uses. The following may be allowed in B1 District subject to the provisions of Section 42-272:

Planned unit developments for permitted and conditional uses allowed within the B1 district subject to compliance with the standards outlined in this chapter and Section 42-274;

Drive-up or drive-through facilities in conjunction with any use permitted within the district except that such facilities in conjunction with any restaurant or food service use are prohibited within the district;

Private outdoor recreational activity accessory to a listed permitted use;

Above ground public utility uses such as: electric substations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use;

Restaurants no greater than 7,500 gross square feet in total building size and with no banquet or meeting rooms seating more than 50 people, and also with no drive-up or drive-through facilities. Outdoor cafe seating shall be included in the total allowed square footage;

Large developments as defined by having any one of the following:

(i)

Any development containing a building of more than 15,000 gross square feet.

(ii)

(iii)

Any development which contains more than one building per site, lot or parcel.

Minimum lot area. None.

Minimum lot width fronting a public street. 100 feet.

Maximum building size. Principal buildings, 15,000 square feet, except that restaurants shall not exceed a total gross floor area of 7,500 square feet and buildings greater than 15,000 square feet may be permitted by Plan Commission approval of a conditional use permit for a large development containing such a structure.

Accessory buildings, 750 square feet. Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 40 feet and any such building shall not contain more than two stories above grade.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures and uses and off-street parking. Property which adjoins any of the following roadways shall provide setbacks as specified within each category.

Major U.S. or state highways.

(i)

Special setback requirement. The setback for buildings and structures from property line along the following major U.S. or State highways shall be 80 feet from such highway or 50 feet from an access or frontage road adjacent to said highway, whichever is greater. Parking shall meet the local street setback requirements.

Center Avenue (U.S. Highway 51)	(Kellogg Avenue to south City limits)
Milton Avenue (STH 26)	(Blackbridge Road to north City limits)
North Parker Drive (U.S. Highway 51)	(U.S. Highway 14 to north City limits)
East Racine Street (STH 11)	(Interstate 90 to east City limits)
U.S. Highway 14
STH 351

(ii)

Setback requirements for principal and accessory buildings, structures, uses and off-street parking from the property lines for the remainder of the property not adjoining a major U.S. or State highway shall be as required for local streets as set out in Subsection h.2 of this section.

Local street.

(i)

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

(ii)

Side yard: ten feet or none if common party fire wall is provided;

(iii)

Rear yard: ten feet except corner lots which will be treated as having two side yards;

(iv)

Adjoining a residence district: Where a building or structure is located on a lot which adjoins a residence district, a side yard setback equal in dimension to the height of the building or structure and a rear yard setback equal in dimension to the height of the building or structure or 25 feet, whichever is greater, shall be provided. The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside planted and maintained as green area except sites that contain buildings greater than 15,000 square feet in size shall provide 30 percent of the total lot area as green area.

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the B1 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

Installation or use of any of the following types of sign, as they are defined in Chapter 14, is prohibited: Attention-getting devices, banners, directional signs, electronic message signs, instructional signs, mobile signs, off-premises signs, roof signs.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a) for uncontrolled intersections, which shall be applied to the following areas of the property:

All property corners located at street intersections and along all side property lines; and

(ii)

The ground sign shall not exceed 32 square feet of total area, including the sign base except for parcels having 600 lineal feet or more of frontage on public streets, in which case, the ground sign area may not exceed 64 square feet, including the sign base. The surface area of the sign base shall be calculated based on the total perimeter boundary of the base from ground plane to the bottom of the sign area and from outside edge to outside edge of the vertical sides. Any openings in the base shall be included within the area calculation. Properties adjoining state and federal highways may increase the above-noted ground sign areas to 75 and 125 square feet respectively.

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height except where a property adjoins a state or federal highway then the ground sign shall not exceed a height of ten feet.

Within this district, window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(2)

B2 Community Shopping District. The B2 Community Shopping District is designed to provide for the needs of a much larger consumer population than is served by the neighborhood convenience district; thus a wider range of uses and structure sizes is permitted for both daily and occasional shopping. This district is generally located astride major commercial arterials and designed to be mapped for the larger shopping center.

General conditions.

All business establishments shall be retail or service establishments dealing directly with consumers.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building;

(ii)

Lodging rooms shall be permitted on the first floor of a hotel or motel.

Permitted uses.

Any use permitted in B1 District;

Antique shops;

Appliance stores, household;

Arcade establishments with mechanical amusements;

Art and school supply stores;

Automobile supply store, retail sales only;

Banks and financial institutions having no drive-in facilities;

Bicycle sales, rental and repair;

Camping and recreation equipment; but not including sale of motorized vehicles;

10.

Carpet and rug stores;

11.

China and glassware stores;

12.

Clothing stores;

13.

Custom dressmaking;

14.

Department stores;

15.

Furniture and home furnishing stores;

16.

Glass and window shops;

17.

Golf equipment sales, retail;

18.

Gun shops;

19.

Health clubs;

20.

Hobby shops;

21.

High fidelity and stereophonic equipment;

22.

Interior decorating shops;

23.

Jewelry stores; including watch repair;

24.

Leather goods and luggage stores;

25.

Mail order service stores;

26.

Music instrument sales and repairs;

27.

Music stores; sheet music, phonographs;

28.

Needlework and notions;

29.

Newsstands;

30.

Offices and shop facilities for building, electrical, plumbing, painting, and heating and air conditioning contractors, provided there shall be no outside storage of materials, heavy equipment, or trucks over 8,000 pounds g.v.w.;

31.

Office supply stores;

32.

Outdoor cafes;

33.

Paint and wallpaper stores;

34.

Pet shops;

35.

Picture framing, when conducted on-premises for retail trade;

36.

Printers and printing shops;

37.

Production and repair of artwork, needlework, clothing, and jewelry, retail;

38.

Radio, TV, electronic equipment, retail sales and repair;

39.

Radio and TV recording studios;

40.

Rental equipment stores, no outdoor display or storage of equipment;

41.

Restaurants, not including drive-in types;

42.

Restaurants with liquor licenses, provided at least 50 percent of gross revenues are from the sale of food and nonalcoholic beverages;

43.

Schools, music, dance and business;

44.

Secondhand stores and rummage shops, retail sales of clothing and household goods;

45.

Sewing machine sales and service;

46.

Shoe stores;

47.

Sporting goods stores;

48.

Tailor shops;

49.

Taxidermy shops;

50.

Theaters, not including drive-in theaters;

51.

Tobacco stores;

52.

Toy shops;

53.

Upholstery repair;

54.

Variety stores;

55.

Automobile rental.

Conditional uses. The following may be allowed in B2 District subject to the provisions of Section 42-272:

Animal hospitals and veterinary services in enclosed buildings;

Archery lanes;

Bowling alleys;

Drive-in banks and other types of financial institutions with drive-in facilities;

Drive-in restaurants;

Hospitals;

Hotels;

Motels;

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses as provided in the B2 District;

10.

Taverns and cocktail lounges, with or without a beer garden;

11.

Private outdoor recreational activities accessory to a listed permitted use;

12.

13.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

14.

Gasoline service stations. Gasoline service stations shall be permitted only in accordance with the following procedures, regulations and standards:

(i)

Approval of new stations. No building permit for a new gasoline station shall be issued until a conditional use permit has first been issued by the Plan Commission. The applicant shall apply for such conditional use permit as provided in Section 42-272.

(ii)

Location. No station shall be permitted unless it adjoins one of the following streets:

Afton Road	Rockport Road to south City limits
Beloit Avenue	South City limits to West Delavan Drive
Center Avenue	West Court Street to south City limits
East and West Centerway	West Court Street to Garfield Avenue
West Court Street	Jackson Street to west City limits
East and West Delavan Drive	Center Avenue to east City limits
Milton Avenue	North City limits to East Centerway
East Milwaukee Street	East City limits to East Centerway
North Parker Drive	Centerway to north City limits
East and West Racine Street	Center Avenue to east City limits
Rockport Road	Center Avenue to Afton Road
U.S. Highway 14	Within the City limits
North Washington Street	North Terrace Street to northwest City limits.
Memorial Drive	Railroad Street to Harding Street
North Wright Road	East Milwaukee Street to Stuart Street

(iii)

Plan Commission findings. The Plan Commission shall, in addition to the standards established for conditional uses, Section 42-272, also consider the following conditions prior to taking action on the request:

Will the use of the site for a service station impair, endanger, inhibit or in some manner impede the proper flow of vehicular or pedestrian traffic in, about or on the street upon which such service station fronts?

Will the auxiliary service unit, such as bulk tank trucks and other serving units, be inherently dangerous in the geographical location due to population or traffic density or pattern?

Will the proposed station comply with all applicable standards presented herein or with other applicable laws or codes?

In determining its findings, the Plan Commission shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings and traffic conditions in the vicinity.

(iv)

Standards.

Lot area.

(1)

Gasoline dispensing station: 10,000 feet;

(2)

Gasoline dispensing and service: 10,000 square feet, 2,000 square feet per bay.

Lot width.

(1)

Gasoline dispensing station: 100 feet;

(2)

Gasoline dispensing and service: 120 feet.

General provisions.

(1)

All activities necessary for or incidental to the operation of the station shall be conducted entirely within the building with the following exceptions:

(a)

Emergency services and tire changing;

(b)

Dispensing of gasoline and those minor service functions which are customarily performed while dispensing gasoline.

(2)

Seasonal merchandise as defined in this article may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, a required green area or obstruct vehicular or pedestrian access. In addition, the following shall be permitted, provided they conform to all setback lines:

(a)

Outside tire cabinets or tire merchandisers for the display and storage of tires only will be permitted outside the building, provided that such cabinets are of a totally enclosed type.

(b)

Coin-operated machines for vending of soft drinks and similar items will be permitted outside the building, provided that such machines are located in an orderly manner.

Inoperative, vacant or abandoned service stations. Any inoperative, vacant or abandoned service station shall not be permitted to apply for a building permit to reopen such station until the following provisions are complied with:

(1)

A complete set of plans as required in site plan review Subsection (d) of Section 42-273 that show compliance with:

(a)

Location: Subsection (b)(2)c.15(ii) of this section;

(b)

Driveway openings: Subsection (a)(8) of this section;

(c)

Green area requirements: Subsection (a)(6) of this section;

(d)

Sign ordinance: Chapter 28;

(e)

General provisions: Subsection (b)(2)c.15(iv) of this section.

(2)

A favorable recommendation of the Site Plan Review Committee. A negative recommendation will be automatically forwarded to the Plan Commission which will have authority to grant or deny such request.

For the purposes of this subsection, any station which has been abandoned, vacant or inoperative for any seven consecutive days in the 60-day period prior to the application for the new station, or which has been used for other than a gasoline station for any seven consecutive days, excluding Saturdays, Sundays and holidays in the 60-day period shall be considered an abandoned, vacant or inoperative station.

15.

Motorized recreational vehicle sales and repair (and uses incidental thereto) to include motorcycles, snowmobiles, small personal watercraft, ATVs, side-by-sides, scooters and go carts.

16.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation.

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. The requirements for setbacks in the B2 District shall be the same provided in the B1 District.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Planted and provided as regulated in Sections 42-360 and 42-361.

Off-street parking and loading. Provided as regulated in Sections 42-360 and 42-361.

(3)

B3 General Commercial District. The B3 General Commercial District is intended to accommodate those motorist-oriented commercial activities which may be incompatible with uses in other business districts, and whose service area is not confined to any one neighborhood or community. This district is generally located along major commercial arterials.

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

All business establishments shall be retail or service establishments unless otherwise provided herein.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(3)a of this section;

Amusement establishments within enclosed buildings: Bowling alleys, gymnasiums, swimming pools, skating rinks, handball court, archery lanes, tennis courts and other similar uses;

Animal hospital or veterinary services, provided all kennels are within completely enclosed buildings;

Auction rooms;

Automobile rental;

Automotive repair shops but not body shops;

Bakeries with retail, wholesale and garage facilities;

Boat storage, sales and repairs and uses incidental thereto;

Bus stations;

10.

Exterminating shops;

11.

Furniture refinishing shops;

12.

Hotel;

13.

House and office cleaning service;

14.

Greenhouses, retail sales on-premises;

15.

Golf driving ranges and par three courses;

16.

Lawnmower shops;

17.

Machinery, vehicle and equipment sales all within enclosed buildings;

18.

Cemetery monument sales, including outdoor display of monuments;

19.

Motel;

20.

Motor vehicle sales and automotive equipment sales;

21.

Outdoor cafe/beer garden;

22.

Parking lots and storage garages for motor vehicles;

23.

Railroad passenger stations;

24.

Recreational vehicle sales;

25.

Schools, commercial or trade;

26.

Taverns and cocktail lounges;

27.

Trailer sales;

28.

Truck rental;

29.

Used car lots.

Conditional uses. The following may be allowed in B3 District subject to the provisions of Section 42-272.

Planned unit developments as provided for in Section 42-273 for permitted and conditional uses in the B3 District;

Gasoline service stations in accordance with Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

(v)

Hospitals;

(vi)

Body shops;

(vii)

Welding shops;

(viii)

Wholesale establishments;

Storage and warehousing establishments;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Sheltered workshops;

10.

Private outdoor recreational activity as either the principal or accessory use;

11.

Hatcheries within completely enclosed buildings. No hatchery shall in any manner create or cause any nuisance, including, but not limited to, noise or odor;

12.

Research and development activities;

13.

Miniwarehouses, provided that the following conditions are met:

(i)

All storage materials shall be kept entirely within the buildings. No outdoor storage is permitted;

(ii)

The selection of building materials and design shall be compatible with the character of the surrounding neighborhood;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

Microbreweries with or without on-site food sales;

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

18.

Brewpubs.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements:

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if a common party fire wall is provided;

Rear yard: Ten feet.

Adjoining a residence district: where a building or structure is located on a lot which adjoins a residence district, a side yard setback equal in dimension to the height of the building or structure and a rear yard setback equal in dimension to the height of the building or structure or 25 feet, whichever is greater, shall be provided.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(4)

B4 Business Highway District. The B4 Business Highway District is intended to accommodate the special needs of the persons and vehicles traveling on the freeway and intersecting highways. The B4 District is generally located around the interchanges and intersecting highways.

General conditions. Dwelling units are permitted above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

Permitted uses.

Any use permitted in the B3 District.

Adult entertainment or adult oriented establishments. Such adult entertainment or oriented establishment is a permitted use only upon compliance with each and every one of the following conditions:

(i)

Such premises has been granted an adult entertainment license, pursuant to, and the establishment is otherwise in conformity with, Chapter 4, as from time to time amended, renumbered or otherwise modified.

(ii)

The adult entertainment or adult oriented establishment shall be located at least 1,000 feet from any established public school, parochial school, hospital, medical clinic, church, licensed youth entertainment center, residential district, public park, day care center and other adult-oriented establishment, or an establishment with either any Class B or Class A fermented malt beverage or intoxicating liquor alcohol beverage license. Such distances shall be measured from the property line or boundary line of the above-listed use.

Conditional uses. The following may be allowed in B4 District subject to the provisions of Section 42-272:

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

Body shops;

Welding shops;

Travel trailer parks with recommendation by the Plan Commission and approval by City Council in accordance with the provisions of Section 42-276;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Storage and warehousing establishments;

10.

Wholesale establishments;

11.

Private outdoor recreational activity as either the principal or accessory use;

12.

Research and development activities;

13.

Public utility and public service facilities with accessory outdoor storage within a screened area as approved by the Plan Commission;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

18.

Hospitals;

19.

Brewpubs;

20.

Microbreweries with or without on-site food sales;

21.

Sheltered workshops.

Lot area. None.

Lot width. None.

Maximum building heights. None.

Minimum setback requirements. The requirements for setbacks in the B4 District shall be the same as provided in the B2 District.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(5)

B5 Central Business District. The B5 Central Business District constitutes the downtown core area of the City. It is intended to accommodate all those retail, service, housing, recreation, specialty shops and necessary civic services that are characteristic of the traditional central area.

General conditions.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

Lodging rooms shall be permitted on the first floor of a hotel or motel;

(ii)

Dwelling units shall be permitted on the first floor subject to the provisions of Section 42-272, conditional uses, and Subsection (5)c.10 of this section as approved by the Plan Commission.

All business and servicing, except off-street parking and loading shall be conducted within completely enclosed buildings.

Except for banks and financial institutions, drive-in establishments dealing directly with consumers are prohibited.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(5)a of this section;

Radio, TV and recording studios;

Outdoor cafe/beer garden;

Taverns and cocktail lounges;

Hotels and motels;

Community living arrangements for 15 or fewer individuals, provided such facility is located no closer than 2,000 feet from an existing community living arrangement.

Conditional uses. The following may be allowed in a B5 District subject to the provisions of Section 42-272:

Drive-in banks or other types of financial institutions;

Auction rooms;

Community living arrangements for more than 15 individuals provided such facility is located no closer than 2,000 feet from an existing community living arrangement;

Research and development activities;

Lodginghouses, roominghouses or boardinghouses located above the first floor;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

Brewpubs;

Microbreweries with or without food sales;

10.

First floor residential dwelling units, subject to the following restrictions:

(i)

First floor residential use may be established if at least 25 percent of the ground floor area remains devoted to retail or business use, as permitted in the district, for buildings located along Main and Milwaukee Streets. The business use shall occupy the traditional store front area of the building and the Plan Commission may reduce this standard, as necessary, in the establishment of a business use in the store front area of the structure;

(ii)

Access to residential dwellings may occur along front entryways of buildings adjoining Main and Milwaukee Streets in accordance with the subsections provided herein;

(iii)

Exterior features and architectural elements of existing building facades must not be altered in a manner which detracts significantly from the character of other buildings within the same block, or across the street from the property;

(iv)

Clear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;

(v)

Compliance with all other applicable city codes and regulations as may be required to allow for residential occupancy of first floor areas.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B5 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet;

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. None.

Off-street parking and loading. None.

(6)

B6 Central Service District. The B6 Central Service District is designed primarily to furnish areas served by the Central Business District with a wide variety of services or functions which may be incompatible if located directly within the core area. The B6 District also serves as potential expansion area for the B5 District.

General conditions. All business, servicing excepting off-street parking and loading shall be conducted within completely enclosed buildings.

Permitted uses.

Any use permitted in the B3 District and/or B5 District;

Publication and newspaper printing.

Conditional uses. The following may be allowed in B6 District subject to the provisions in Section 42-272:

Drive-in establishments;

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Body and paint shops;

Dams and electrical generating facilities;

Multifamily apartment buildings not less than two stories in height;

Warehouse establishments;

Correctional institutions;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Wholesale establishments;

10.

Private outdoor recreational activities as either the principal or accessory use;

11.

Research and development activities;

12.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

13.

14.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

15.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

16.

Brewpubs;

17.

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B6 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. Not less than five percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(7)

BT Business Technology District. The Business Technology District is intended to permit high quality office, education, research and technology, light manufacturing, and business service uses that would provide a transition between industrial and commercial uses. The district permits a mix of commercial and manufacturing uses that have limited outside storage needs. In addition, the district prohibits large scale warehousing and wholesaling distribution uses which generate high levels of semi-truck traffic and require large areas devoted to loading docks, semi-truck parking and/or outdoor storage. The business technology district is intended to be located adjacent to arterial streets and highways. The district provides large green areas and significant amounts of landscaping and building design in accordance with the physical development standards to ensure an attractive high quality corporate environment.

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

No parking is permitted in required setback areas.

The outside sale, display or storage of any product, inventory, materials, equipment or service is prohibited including seasonal merchandise, except as provided in Section 42-357(b)(7)k. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure.

Wholesaling and warehousing uses are prohibited except as an accessory activity to a permitted use. In no case may the wholesale and warehouse activity comprise more than 50 percent of the square footage of the area associated with the principal use.

Architectural and landscaping requirements including construction shall be in compliance with the physical development standards, Article XI of this chapter.

All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive conditions, or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. Prior to issuance of an occupancy permit, the Building Division Director may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.

Permitted uses. Any light assembly, production, processing, cleaning, servicing, or testing uses which may include the repair of materials, goods or products, located within completely enclosed buildings, including the following:

Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices;

High technology products related to the fields of physics, chemistry and biology;

Laser technology, radiology, x-ray and ultrasound products, manufacturing and assembly;

Medical and dental supplies;

Optical, fiber optical and photographic products and equipment;

Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers;

Scientific and precision instruments and components, including robotics;

Specific products not listed above but similar in intent and character may be permitted as provided in Section 42-357;

10.

Research and development activities and testing laboratories;

11.

Telecommunication centers;

12.

Mail-order establishments;

13.

Printing and publishing;

14.

Data entry or processing;

15.

Computer support or development operations;

16.

Sheltered workshops;

17.

Business technology incubators;

18.

Business and professional offices;

19.

Medical and dental clinics;

20.

Professional or personal services;

21.

Hotel and motels;

22.

Banks and other types of financial institutions;

23.

Hospitals;

24.

Business, commercial or trade schools;

25.

Training centers;

26.

Health clubs;

27.

Restaurants;

28.

Educational and institutional uses (public and philanthropic);

29.

Day care centers (nine or more children);

Conditional uses. The following may be allowed in the BT District subject to the provisions of Section 42-272:

Public utility uses, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges and gas regulator stations.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the BT District.

Private outdoor recreational activities, accessory to listed permitted uses.

Drive-up or drive-through facilities in conjunction with any use permitted within the district.

Banquet facilities and convention centers.

Lot area. One acre.

Lot width. 100 feet.

Minimum setback requirements. The requirements for setbacks in the BT District shall be the same provided in the B1 District.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Screening. There shall be provided and maintained a ten-foot-wide permanent screen buffer strip along the boundary of an BT District which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees, which at the time of planting shall be a minimum of three feet in height and three feet in width and shall within a period of four years obtain a height of at least five feet. When such screening is within the required front and corner side yard maximum height shall be 30 inches. The Site Plan Review Coordinator may modify the screening requirements when screening exists on adjoining property. The Site Plan Review Coordinator may also substitute an opaque fence in addition to or in combination with the screening requirement.

Off-street parking and loading. As provided in Sections 42-360 and 42-361.

Storage areas. All storage, except for licensed motor vehicles in operable condition, shall be within completely enclosed buildings, or effectively screened with an opaque screening not less than six nor more than eight feet in height, and no storage shall exceed the height of such screening. All outside storage areas shall be located to the rear of buildings and shall be limited to not more than five percent of the total lot area.

(Code 1976, § 18.36.040; Ord. No. 2019-763, §§ I, II, 9-9-2019; Ord. No. 2021-816, § I, 5-24-2021; Ord. No. 2024-890, §§ I, II, 5-13-2024; Ord. No. 2025-920, § I, 8-25-2025)

Sec. 42-443. - Industrial districts.

(a)

General requirements. Industrial district regulations are intended to govern the development and use of a full range of industrial establishments.

(1)

Permitted uses. All buildings, structures and land, and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the industrial district in which such land, structures, or buildings shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before this article was adopted or amended and which become legally nonconforming, as a result, to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses, as listed in each industrial district, may be allowed only in the industrial district indicated. The conditional use shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(4)

Green area.

Green area shall be permanently provided and properly maintained on each lot devoted to any industrial use as set forth in each industrial zoning district. Such green area shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar uses, but shall include landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers, and other types of aesthetic treatment.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however such area may be used to fulfill up to 25 percent of the green area requirement if authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator may consider in his or her review of such a credit one or more of the following:

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(5)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjacent property, there shall be at least ten feet of driveway on each parcel.

(6)

Screening. There shall be provided and maintained a permanent screening buffer strip at least ten feet in width along any boundary of any industrial district which adjoins or is opposite from a residence district. Such screening shall be a living hedge, shrubs or trees which, at the time of planting, shall be of sufficient density to effectively screen the industrial use from view of the adjoining or opposite residence district. Such screening shall be, at the time of planting, a minimum of three feet in height and shall, within a period of four years, attain a height of at least five feet. When such screening is located in the required front or corner side setback, the maximum height shall be 30 inches.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(b)

District requirements.

(1)

M1 Light Industrial District. The M1 Light Industrial District is designed to provide a suitable environment for those industrial activities that require a pleasant environment which is substantially hazard and nuisance free and also for those activities which do not create appreciable hazards or nuisances.

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

All uses shall be conducted in such manner so as not to exceed the standards established in Wisconsin Administrative Code, as amended, as it relates to noise, dust, fumes, gases and storage of flammable liquids.

All manufacturing activities shall be conducted within completely enclosed buildings except for off-street parking and loading. Outside storage of materials and merchandise shall be effectively screened from view when adjoining or opposite from a nonindustrial zoned district.

Permitted uses.

Agriculture;

Any production, processing, assembling, cleaning, servicing, testing;

Building material sales;

Bakery, dairy and other food products;

Bottling or distribution plants, milk or soft drinks;

Cleaning and dyeing establishments;

Contractors' offices and shops;

Parks, playgrounds and open spaces;

Frozen food stores, lockers;

10.

Garages for repair and servicing of motor vehicles including body repair, painting or motor rebuilding;

11.

Greenhouses, wholesale;

12.

Laboratories, research, development and testing;

13.

Machine shops;

14.

Mail order houses;

15.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment;

16.

Metal stamping;

17.

Miniwarehouses;

18.

Monument works including accessory open sale lots;

19.

Parking lots and storage garages;

20.

Plumbing, heating and ventilating;

21.

Printing and publishing;

22.

Public utility and public service facilities, such as, sewage treatment plants, bus terminals, garages and lots, electric substations, gas regulator stations, telephone transmission equipment buildings, telephone exchanges, sewage lift stations, water pumping stations, water reservoirs, fire stations, public safety training facilities;

23.

Storage and warehouse establishments, including wholesaling;

24.

Storage yards, but not including junk or salvage yards.

Conditional uses. The following may be allowed in the M1 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Railroad freight terminals, switching;

Motor freight terminals;

Commercial uses if they are incidental to a permitted use;

Correctional institutions;

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

Day care centers;

10.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

11.

Trade schools;

12.

Recreation facilities (public and private) in enclosed buildings, gymnastics, dance schools, skating rinks, tennis courts, soccer, fitness centers and other similar uses.

13.

Medical office, clinical and treatment facilities for outpatient services.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet or none if a common party fire wall is provided;

Rear yard: 25 feet;

Adjoining a residence district, where a building or structure is located on a lot which adjoins a residence district, a side yard setback equal in dimension to the height of the building or structure and a rear yard setback equal in dimension to the height of the building or structure, or 50 feet, whichever is greater, shall be provided.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(2)

M2 General Industrial District. The M2 General Industrial District is designed to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential development in areas so designated on the comprehensive plan.

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

Permitted uses. Any use permitted in M1 District.

Conditional uses. The following may be allowed in M2 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

Chemical manufacturer;

Concrete products castings;

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

Motor freight terminals;

Restaurant or commercial uses if they are incidental to a permitted use;

Railroad freight terminals, railroad;

10.

Storage of petroleum products;

11.

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

12.

13.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

14.

Seasonal migrant labor housing, on the same or adjacent site and accessory to the industrial use being served, subject to Section 42-277.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if common party fire wall provided;

Rear yard: 25 feet;

Adjoining a residence district: where a building or structure is located on a lot which adjoins a residence district, side and rear yard setbacks equal in dimension to the height of the building or structure or 100 feet whichever is greater, shall be provided.

Green area. Not less than ten percent of the gross lot and shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading: shall be provided as required in Sections 42-360 and 42-361.

(3)

M3 Central Light Industrial District. The M3 Central Light Industrial District is designed to accommodate industrial activities that are substantially hazard and nuisance free, and commercial activities located around the central core of the City. The M3 District regulations shall apply only to the land within the limits described below:

Area 1. Beginning at the point where the centerline of West Court Street intersects the centerline of South Franklin Street; thence southeasterly along the centerline of South Franklin Street to the centerline of West Van Buren Street; thence northeasterly along the centerline of West Van Buren Street to the Rock River; thence northwesterly along the west bank of the Rock River to the centerline of West Court Street; thence southwesterly along the centerline of West Court Street to the point of beginning.

Area 2. Beginning at the point where the centerline of East Centerway intersects the centerline of North Main Street; thence southwesterly along the centerline of West Centerway to the centerline of Center Avenue; thence south along the centerline of Center Avenue to the centerline of West Holmes Street; thence west along the centerline of West Holmes Street to the centerline of South Washington Street, hence south along the centerline of South Washington Street to the centerline of Johnson Street, then west along the centerline of Johnson Street to the centerline of the vacated South Terrace Street; thence south along the centerline of vacated South Terrace Street to the centerline of West Racine Street; thence east along the centerline of West Racine Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Rockport Road; thence west along the centerline of Rockport Road to the centerline of South Pearl Street; thence north along the centerline of South Pearl Street to the centerline of West Court Street; thence east along the centerline of West Court Street to the centerline of North Washington Street; thence north along the centerline of North Washington Street to the centerline of West Wall Street; thence east one-half block along the centerline of West Wall Street to the centerline of an alley lying between North Washington Street and Madison Street from West Wall Street to Laurel Avenue; thence north along the centerline of said alley to the centerline of Laurel Avenue; thence northeasterly along the centerline of Laurel Avenue to a point where the east line of Lot 11 in Mitchell's Addition to the City of Janesville if extended in a southeasterly direction would intersect said centerline of Laurel Avenue; thence northwesterly along the said southeasterly extension of the east line of said Lot 11 through 13 to a point on the south lot line of Lot 14 in Mitchell's Addition to the City of Janesville, which is 198.72 feet southwesterly of the west line of North Academy Street; thence northeasterly along the south line of Lot 14 to a point 170 feet southwesterly of the westerly line of North Academy Street; thence northwesterly 15 feet parallel to and 170 feet southwesterly from the westerly line of North Academy Street; thence northeasterly along a line 15 feet north of and parallel to the southerly lot line of Lot 14 in said Mitchell's Addition to the centerline of North Academy Street; thence northwesterly along the centerline of North Academy Street to the centerline of Race Street; thence northeasterly along the centerline of Race Street to the centerline of North Franklin Street; thence northwesterly along the centerline of North Franklin Street to the centerline of Ravine Street; thence northeasterly along the centerline of Ravine Street to the centerline of North River Street; thence northwesterly along the centerline of North River Street to the west extension of the centerline of Hyatt Street; thence northeasterly along the centerline of Hyatt Street extended and Hyatt Street to the centerline of North Parker Drive; thence northwesterly along the centerline of North Parker Drive to the centerline of St. Mary's Court; thence west along the centerline of St. Mary's Court to the centerline of North Water Street; thence north along the centerline of North Water Street to the centerline of Sherman Avenue; thence easterly along the centerline of Sherman Avenue to the centerline of North Parker Drive; thence southerly, along the centerline of North Parker Drive to the centerline of East Memorial Drive; thence east along the centerline of East Memorial Drive to the centerline of Harding Street; thence south along the centerline of Harding Street to the centerline of Glen Street; thence southwesterly along the centerline of Glen Street to the centerline of Avon Street; thence southerly and westerly along the centerline of Avon Street to the centerline of North Main Street; thence southeasterly along the centerline of North Main Street to the centerline of East Centerway, which is the point of beginning.

General conditions.

Residential uses are prohibited except for watchman's quarters.

All uses shall be conducted in such manner so as not to exceed the standards established in Wisconsin Administrative Code (as amended) as it relates to noise, dust, fumes, gases and storage of flammable liquids.

Permitted uses.

Uses permitted in the M1 District.

Uses permitted in the B6 District.

Conditional uses. The following may be allowed in the M3 District subject to the provisions of Section 42-272.

Industrial planned unit developments;

Railroad freight terminals, switching yards, roundhouses;

Motor freight terminals;

Brewpubs;

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: none except as provided below;

Corner side yard, side yard, and rear yard: none except as provided below.

(i)

If a lot in the M3 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

(ii)

If a lot in the M3 District is located on a U.S. or state highway as designated on the official numbering map of the City, the front, corner side, or rear yard setback shall be 25 feet for that front, corner side and/or rear yard of the lot which adjoins the designated highway.

Green area. None.

Off-street parking and loading. shall be provided as required in Sections 42-360 and 42-361.

(4)

M4 Central General Industrial District. The M4 Central General Industrial District is designated to accommodate industrial activities which may be of moderate nuisance or hazard and commercial activities located around the central core of the City. The M4 regulations shall apply only to land within the limits described below:

Area 2. Beginning at the point where the centerline of East Centerway intersects the centerline of North Main Street; thence southwesterly along the centerline of West Centerway to the centerline of Center Avenue; thence south along the centerline of Center Avenue to the centerline of West Holmes Street; thence west along the centerline of West Holmes Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Johnson Street; thence west along the centerline of Johnson Street to the centerline of the vacated South Terrace Street; thence south along the centerline of vacated South Terrace Street to the centerline of West Racine Street; thence east along the centerline of West Racine Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Rockport Road; thence west along the centerline of Rockport Road to the centerline of South Pearl Street; thence north along the centerline of South Pearl Street to the centerline of West Court Street; thence east along the centerline of West Court Street to the centerline of North Washington Street; thence north along the centerline of North Washington Street to the centerline of West Wall Street; thence east one-half block along the centerline of West Wall Street to the centerline of an alley lying between North Washington Street and Madison Street from West Wall Street to Laurel Avenue; thence north along centerline of said alley to the centerline of Laurel Avenue; thence northeasterly along the centerline of Laurel Avenue to a point where the east line of Lot 11 in Mitchell's Addition to the City of Janesville if extended in a southeasterly direction would intersect said centerline of Laurel Avenue thence northwesterly along the said southeasterly extension of the east line of said Lot 11 through Lot 13 to a point on the south lot line of Lot 14 in Mitchell's Addition to the City of Janesville, which is 198.72 feet southwesterly of the west line of North Academy Street; thence northeasterly along the south line of Lot 14 to a point 170 feet southwesterly of the westerly line of North Academy Street; thence northwesterly 15 feet parallel to and 170 feet southwesterly from the westerly line of North Academy Street; thence northeasterly along a line 15 feet north of and parallel to the southerly lot line of Lot 14 in said Mitchell's Addition to the centerline of North Academy Street; thence northwesterly along the centerline of North Academy Street to the centerline of Race Street; thence northeasterly along the centerline of Race Street to the centerline of North Franklin Street; thence northwesterly along the centerline of North Franklin Street to the centerline of Ravine Street; thence northeasterly along the centerline of Ravine Street to the centerline of North River Street; thence northwesterly along the centerline of North River Street to the west extension of the centerline of Hyatt Street; thence northeasterly along the centerline of Hyatt Street extended and Hyatt Street to the centerline of North Parker Drive; thence northwesterly along the centerline of North Parker Drive to the centerline of St. Mary's Court; thence west along the centerline of St. Mary's Court to the centerline of North Water Street; thence north along the centerline of North Water Street to the centerline of Sherman Avenue; thence easterly along the centerline of Sherman Avenue to the centerline of North Parker Drive; thence southerly along the centerline of North Parker Drive to the centerline of East Memorial Drive; thence east along the centerline of East Memorial Drive to the centerline of Harding Street; thence south along the centerline of Glen Street; thence southwesterly along the centerline of Glen Street to the centerline of Avon Street; thence southerly and westerly along the centerline of Avon Street to the centerline of North Main Street; thence southeasterly along the centerline of North Main Street to the centerline of East Centerway, which is the point of beginning.

General conditions.

(i)

Residential uses are prohibited except for watchman's quarters.

(ii)

(iii)

Permitted uses.

(i)

Any use permitted in the M1 District.

(ii)

Any use permitted in the B6 District.

Conditional uses. The following may be allowed in the M4 District subject to the provisions of Section 42-272:

(i)

Industrial planned unit developments;

(ii)

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

(iii)

Chemical manufacturer;

(iv)

Concrete products castings;

(v)

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

(vi)

Motor freight terminals;

(vii)

Railroad freight terminals, railroad;

(viii)

Storage of petroleum products;

(ix)

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Setback requirements.

(i)

Front yard: None except as provided below;

(ii)

Corner side yard, side yard, and rear yard: None except as provided below.

If a lot in the M4 District is situated adjoining a residence district, the following setback requirements shall apply:

(a1)

Side yard: Eight feet;

(a2)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

If a lot in the M4 District is located on a U.S. or state highway as designated on the official numbering map of the City, the front, corner side, or rear yard setback shall be 25 feet for that front, corner side and/or rear yard of the lot which adjoins the designated highway.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(Code 1976, § 18.36.050; Ord. No. 2019-769, § III, 10-14-2019; Ord. No. 2020-797, § I, 8-24-2020)

Sec. 42-444. - Special districts.

(a)

General requirements. Special districts are intended to govern areas that are either not intended for conventional development in the near future, such as the outlying agricultural areas and gravel mines or those areas that are to be in permanent public use such as community parks and public open spaces.

(1)

Permitted uses. All buildings, structures and land, and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the special district in which such land, structures, or buildings shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before the ordinance from which this article was adopted or amended and which become legally nonconforming as a result of the adoption or amendment of the ordinance from which this article is derived shall be subject to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses, as listed in each special district, may be allowed only in the special district indicated. Said conditional use shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(b)

District requirements.

(1)

A Agricultural District. The purpose of this district is to prevent tracts of agricultural lands located on the fringe of the City from being prematurely subdivided. The intent of the agriculture district is to hold land in tracts until such time as public utilities can be made available to serve urban development in an orderly manner of sequential rather than leapfrog development.

Permitted uses.

Raising grain or hay crops for cash sale or for use as feed, provided such feed use is conducted on premises located outside the City;

Forestry, nurseries, orchards, greenhouses and truck farming;

In-season roadside stands, offering for sale only, agricultural products produced on the premises;

Parks, playgrounds and open spaces;

Sewage lift stations, water pumping stations;

Public recreation facilities.

Conditional uses. The following may be allowed in the agriculture district subject to the provisions of Section 42-272:

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, telephone transmission equipment buildings, water reservoirs, correctional institutions, fire stations, public safety training facilities;

Single- and two-family dwellings if used in conjunction with a permitted use;

Lot area. Not less than five acres.

Lot width. Average lot width not less than 330 feet.

Minimum setback. Minimum setback requirements for property adjoining the following types of roadways as designated on the official numbering map of the City:

	U.S. and State Highway	County Highway	Local Highway
Front yard	80 feet or 50 feet from access or frontage road, whichever is greater	50 feet	25 feet

Corner side yard: 50 feet.

Side yard: 20 feet.

Rear yard: 50 feet.

(2)

M Mining District. The Mining District is designed to accommodate mining and quarry operations in areas that are relatively remote from residential and business development. Mining Districts shall only be approved in areas so designated on the adopted comprehensive plan and reclaimed in accord with such plan since mining is an interim use.

General conditions.

Residences, businesses and industrial uses are prohibited in the Mining District unless otherwise permitted.

All operations shall be conducted in such smoke, particulate matter or noxious gases at the boundaries of such use and where applicable, in accordance with Wisconsin Administration Code, as amended.

Mining operations shall follow an adopted phasing plan and be managed and reclaimed in accordance with a management and reclamation plan. Such plans shall be approved when a Mining District is established and any amendments to the phasing and management reclamation plans shall be approved by the City Council.

Permitted uses.

Mining, loading and hauling of sand, gravel, limerock, topsoil or other aggregate;

Parks, open space and public recreation uses;

Public landfill and waste disposal operations.

Conditional uses. The following may be allowed in the mining district subject to the provisions of Section 42-272: asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district.

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

Signs. Regulations related to Overlay Sign District C shall apply when landfill, mining or concrete batching uses are in operation. When said uses cease, the sign regulations for residence districts shall apply.

(3)

C Conservancy District. The C Conservancy District is designed to preserve and perpetuate in an open state, certain areas such as rivers and drainageways, wetlands and marshes, parks, floodplains and greenbelts, natural habitats (prairie) for plant and animal life, which because of their unique physical features, are deemed desirable and functional as natural and beneficial to the City.

Permitted uses.

Public recreation facilities;

Sewage lift stations and water pumping stations;

Floodplains, greenbelts and waterways;

Fishing and live trapping;

Forestry;

Parks, playgrounds and open spaces.

Conditional uses. The following may be allowed in the conservancy district subject to the provisions of Section 42-272:

Agriculture uses as permitted in the agriculture district;

Dredging, excavating and filling of lands and removal of topsoil within floodplains;

Campgrounds and facilities;

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, telephone transmission buildings, water reservoirs, fire stations, public safety training facilities, dams and electric generating facilities;

Outdoor recreational premises, clubs and grounds for hunting, swimming, tennis, boating, horse riding, skiing and other sports. Accessory clubhouses and maintenance buildings shall be located not less than 100 feet from any lot in a residence district, except buildings for shelter and keeping of horses and buildings and facilities for boating not less than 300 feet from any such lot;

Lot area. None.

Lot width. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet;

Rear yard: 50 feet.

(Code 1976, § 18.36.060)

Sec. 42-445. - Overlay Supplemental Districts.

(a)

General requirements. Overlay Supplemental Districts are intended to add additional controls to certain areas of the underlying zoning districts to govern development in the floodplains, additional parking areas, areas of historic significance, and the former General Motors Janesville Assembly Plant. Where an Overlay Supplemental District is applied, the underlying zoning and regulations remain in full force and effect.

(b)

District requirements.

(1)

P Parking Overlay District. The P Parking Overlay District is intended to lessen congestion in the streets, to facilitate the adequate provision of off-street parking while conserving value of property and encouraging proper development.

General conditions. There shall be no parking other than that of motor vehicles in operable condition. No vehicles waiting to be repaired or serviced or storage of vehicles shall be permitted.

Permitted uses.

Parking of motor vehicles;

Any use permitted in the underlying zoning district.

Conditional uses. None except as provided in the underlying zoning district.

Lot area. None except as provided in the underlying zoning district.

Lot width. None except as provided in the underlying zoning district.

Setback requirements. None except as provided in the underlying zoning district.

Green area or usable open space. None except as provided in the underlying zoning district.

Screening. There shall be provided and maintained a permanent screening buffer strip at least five feet in width along any boundary of a Parking Overlay District which adjoins or is opposite from a residence district. Such screening shall be a living hedge, shrubs or trees which at the time of planting shall be of sufficient density to effectively screen the parking use from view of the adjoining, or opposite residence district. Such screening shall be, at the time of planting, a minimum of three feet in height and shall, within a period of four years, attain a height of at least five feet. When such screening is located in the required front or corner side setback the maximum height shall be 30 inches.

(2)

H Historic Overlay District.

Intent and purpose. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements and sites of historic significance constitutes a public necessity and are required in the interest of health, prosperity, safety and general welfare of the people. The purpose of this section is to:

Identify those improvements, sites or neighborhoods which embody elements of the City's architectural, cultural, economic, social and political history;

Safeguard, preserve and enhance those improvements, sites, or neighborhoods containing such heritage with an Historic Overlay District designation;

Stabilize and improve property values and protect and enhance the City's attractiveness and livability to residents, tourists and visitors;

Promote the use of such historic districts for the education and enjoyment of the residents of the City by fostering civic pride in the aesthetic and noble accomplishments of the past;

Protect the visual and architectural characteristics of historic structures and sites within the historic districts by reviewing and making recommendations regarding any construction, alteration or demolition of such improvements.

Scope. The provisions of this section do not apply to the interior of any improvement or to any alteration or demolition of any interior portion of any such improvement which would not affect the safety, structural integrity, or appearance of the exterior of such improvement. The provisions of this section do not apply to the exterior portion of any improvement not subject to public view.

Janesville Historic Commission.

Membership. An Historic Commission is established which shall consist of seven members who shall be selected by the Council President and be approved by the City Council. Such membership representing a cross-section of the community shall possess pertinent expertise or interest. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years and three shall serve a term of three years. Thereafter, the term for each member shall be three years. The Council President shall take into consideration the recommendations of the Citizen Advisory Committee on Appointments when making appointments to the Historic Commission.

Powers, duties and responsibilities of the Historic Commission. The Historic Commission shall:

(i)

Make recommendations to the City Council that certain areas be designated as historic districts;

(ii)

Develop an Historic Overlay District plan for each district designated;

(iii)

Establish guidelines and develop criteria for construction, alteration, or demolition of improvements within an Historic Overlay District;

(iv)

Determine an appropriate system of markers for designated historic districts;

(v)

Advise and assist owners, occupants or persons in charge of improvements in an historic district regarding physical and financial aspects of preservation, renovation, rehabilitation and reuse;

(vi)

Review any applications for a certificate of appropriateness and to require the presentation of such plans, drawings, elevations and other information as may be reasonably necessary for such review;

(vii)

Grant or deny a certificate of appropriateness to any applicant;

(viii)

Issue a statement of waiver when required by this section;

(ix)

Obtain certification of this article with the State Preservation Officer and with the Secretary of the United States Department of the Interior, in order to permit historic structures to qualify under this chapter for applicable benefits under the Tax Reform Act of 1976;

(x)

Develop and implement rules of procedure for hearings and meetings convened by the Historic Commission;

(xi)

Promote community education, interest and support for the preservation and enhancement of such historic districts.

Designation of Historic Overlay Districts.

The City Council may designate by ordinance individual parcels of land or entire neighborhoods as an Historic Overlay District.

The Historic Commission may select and recommend to the City Council geographically defined areas within the City to be designated as Historic Overlay Districts.

Development of Historic Overlay District plan.

The Historic Commission may, with the assistance of the City planning department, prepare an Historic District plan in ordinance form for each area recommended to be designated as an Historic Overlay District.

The Historic Commission may establish guidelines and develop criteria for the Historic Overlay District plan, including, but not limited to, the following items:

(i)

The height, gross volume, roof design and architectural details of any new or altered structure;

(ii)

The proportion between a building's width, height, and fenestration;

(iii)

The building masses and the spaces between them;

(iv)

Materials, texture, colors and patterns used in improvement;

(v)

The landscaping;

(vi)

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

The City Plan Commission shall review an Historic District Plan, hold a public hearing, and make a recommendation to the City Council.

The City Council may adopt such Historic Overlay District plan for a designated Historic Overlay District.

Regulation of construction, alteration, and demolition of an improvement.

Application. Any application for a permit for any proposed construction, alteration, or demolition of an improvement within an Historic District shall be filed with the Building Division Director. The Building Division Director shall, within three working days of receipt of the application, forward a copy of the application and plans, if any, to the Secretary of the Historic Commission.

Certificate of appropriateness or statement of waiver required. No construction, alteration, or demolition of an improvement shall be allowed within an Historic District unless a certificate of appropriateness or statement of waiver has been issued by the Historic Commission for such construction, alteration, or demolition of an improvement.

Permit. No permit shall be issued by the City for any proposed construction, alteration, or demolition of an improvement within an Historic District unless there has been a certificate of appropriateness or statement of waiver issued by the Historic Commission for such proposed construction, alteration, or demolition of an improvement.

Certificate of appropriateness.

Granting of certificate. The Historic Commission shall grant or deny a certificate of appropriateness within 30 days of the filing of an application. If the Historic Commission grants such certificate, then within three business days of such decision, a certificate of appropriateness shall be issued in writing and shall be mailed, by regular mail, to the applicant. If the construction, alteration or demolition has not commenced within one year after the date of issuance of the certificate of appropriateness, the certificate shall expire.

Denial of certificate. If the Historic Commission reviews application and finds it inconsistent with the criteria set forth in Subsection (b)(2)g.3 of this section, the Commission may deny the application and refuse to issue a certificate of appropriateness. If the Commission denies the application, then within three business days of such decision, written notice of the denial shall be sent, by regular mail, to the applicant.

When the applicant for a permit for a proposed construction, alteration, or demolition of an improvement within an Historic District is denied a certificate of appropriateness, the Historic Commission shall, at the request of the applicant, assist the applicant in preparing an application for a certificate of appropriateness which shall meet the standards and criteria of the Historic Commission, which shall comply with the provisions of this section. If the applicant chooses to work with the Historic Commission and no mutually agreeable method is determined and both parties appear to be deadlocked on the issue, the applicant may appeal the Historic Commission's decision to the Plan Commission or City Council, as provided for in Section 42-445(b)(2)i.

Criteria for granting or denying certificate of appropriateness.

(i)

In reviewing an application for a certificate of appropriateness, the Historic Commission shall consider the following items:

The appropriateness to the Historic District of the proposed construction, alteration or demolition of an improvement;

Whether such proposed construction, alteration, or demolition of an improvement will further the purposes of this section;

The historical significance of the improvement;

The architectural value;

The unique design, arrangement, texture, material, or color of the building, place or area in question;

The relation of such improvement to other improvements in the immediate area;

The position of such improvement in relation to the street or public way;

The appearance of the proposed construction, alteration, or demolition from the public view;

Such specific design standards as the Historic Commission may recommend and the City Council adopt as an Historic Overlay District plan;

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

(ii)

The Historic Commission shall decide upon the issuance of a certificate of appropriateness by reference to the Secretary of the Interior's Standards for Rehabilitation, as published in 1979, in Section 36, Code of Federal Regulations, part 67, and as amended. The Secretary of Interior's Standards for Rehabilitation are hereby adopted by reference.

(iii)

The Historic Commission shall not deny the issuance of a certificate of appropriateness whenever the applicant demonstrates that the proposed construction, alteration or demolition of an improvement will enhance or is not inconsistent with the inherent historic value of the historic district.

Statement of waiver.

If the Historic Commission fails to act upon an application for a certificate of appropriateness within 30 days of filing of the application, unless such time limit is extended by mutual agreement in writing, such failure to act shall constitute a waiver by the Historic Commission of any requirements for a certificate of appropriateness.

If the Historic Commission fails to mail to the applicant notice of the granting or denial of a certificate of appropriateness within three business days of that decision, such failure shall constitute a waiver by the Historic Commission of any requirement for a certificate of appropriateness.

In the event of any such waiver by the Historic Commission, it shall issue a statement of waiver to the applicant within 30 days after such waiver is brought to the attention of the Historic Commission.

If the construction, alteration, or demolition has not commenced within one year after the date of issuance of the statement of waiver, the statement shall expire.

Appeals.

If the Historic Commission denies a certificate of appropriateness, the applicant may appeal such denial to the Plan Commission or to the City Council as provided in this section.

An appeal of a denial of the Historic Commission shall be filed in writing with the Secretary of the Plan Commission within 30 days of the mailing of the notice of denial to the applicant.

The Plan Commission who, following a public hearing, may affirm, overrule or modify an Historic Commission decision within 30 days of the receipt of the applicant's written appeal. If the Plan Commission overrules the Historic Commission, its decision is final. If the Plan Commission overrules or modifies an Historic Commission decision, such Plan Commission decision shall have an effective date 15 days from the date of the Plan Commission decision. On such effective date, the Historic Commission shall issue a statement of waiver.

If the Plan Commission affirms, modifies or fails to act upon an appeal of an Historic Commission's decision any owner whose property is affected by a decision may appeal such decision to the City Council who, following a public hearing, may affirm, overrule, or modify a decision within 30 days of the receipt of the applicant's written appeal. If the City Council overrules or modifies a decision, such City Council decision is final and shall have an effective date 15 days from the date of the City Council decision. On such effective date, the Historic Commission shall issue a statement of waiver.

(3)

W Well Head Protection Overlay District.

Intent and purpose. The residents of the City of Janesville depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the Well Head Protection Overlay District is to institute land use regulations and restrictions to protect the municipal water supply and wells, and to promote the public health, safety and general welfare of the residents of the City.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Existing facilities means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the well head protection district that lies within the corporate limits of the City.

Groundwater protection overlay district means that area described within the water utility's Well Head Protection Plan. A copy of the well head protection plan can be obtained from the water utility.

Time of travel means the determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.

Designation of Well Head Protection Districts.

The area to be protected as a district is that portion of land encompassed by the composite of the delineated five year time of travel to the well and a radius of 1,200 feet surrounding a City of Janesville municipal water supply well head, except at well six, which is used infrequently, and is located immediately adjacent to the Rock River, a potential hydraulic boundary. At well six, the area to be protected is the portion of the land encompassed by the delineated five-year time of travel to the well. These lands are subject to land use and development restrictions because of their close proximity to the wells and the corresponding threat of contamination. These lands are subject to land use and development restrictions because of their close proximity to the wells and the corresponding threat of contamination. The well head protection districts shall be defined by a well head protection plan developed for each well by the City of Janesville Water Utility and as approved by the Wisconsin Department of Natural Resources.

Permitted uses. Subject to the exemptions listed in Subsection (3)(h) of this section, the following are the only permitted uses within the district:

Parks, open space and public recreational facilities, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

Playgrounds.

Wildlife areas.

Non-motorized trails, such as biking, skiing, nature and fitness trails.

Municipally sewered residential development, and other permitted uses in the residence district, free of flammable and combustible liquid underground storage tanks.

Municipally sewered office, business and industrial development zoned O1, O3, B-1, B-2, B-3, B4, BT, M1, and M2 except for the uses listed below, which are subject to the provisions outlined in Subsection (b)(3)d.7 of this section.

(i)

Above ground storage tanks.

(ii)

Asbestos product sales.

(iii)

Automotive service and repair garages, body shops.

(iv)

Blue printing and photocopying services.

(v)

Car washes.

(vi)

Laundromats and diaper services.

(vii)

Dry cleaning.

(viii)

Chemical manufacturing.

(ix)

Gas stations.

(x)

Holding ponds or lagoons.

(xi)

Infiltration ponds.

(xii)

Nurseries, lawn and garden supply stores.

(xiii)

Small engine repair services.

(xiv)

Underground storage tanks.

(xv)

Wells, private, production, injection or other.

(xvi)

Any other use determined by the Planning Director to be similar in nature to the above listed items.

Expansion or establishment of those activities listed above in Subsection (b)(3)d.(vi) of this section shall require the submittal of a site plan for review and approval by the Site Plan Review Coordinator and the Water Utility Director prior to the establishment of said uses. If the Site Plan Review Coordinator and Water Utility Director deny or conditionally approves a site plan and the applicant disagrees with such decision, the applicant may appeal such denial or condition to the Plan Commission. Such an appeal shall be signed and filed in writing with the Planning Department within 30 days following the Site Plan Review Coordinator and Water Utility Director's determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Site Plan Review Coordinator and the Water Utility Director. The Plan Commission may impose conditions on the establishment of such uses, including, but not limited to, an annual monitoring of such uses as may be appropriate and as they deem necessary to preserve the Well Head Protection District.

Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.

Conditional uses. None, except as provided in the underlying zoning district.

Separation distances. The following separation distances as specified in Wis. Admin. Code § NR 811.12(5)(d), shall be maintained and shall not be exempted as listed in Subsection(b)(3)h of this section.

Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and has a double-wall above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of Wis. Admin. Code Chs. SPS 301-319; General, Part I and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under Wis. Admin. Code SPS 310.110.

Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewers shall be successfully air pressure treated in place. The air pressure test shall meet or exceed the requirements of the four psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125 percent of the pump shut-off head.

Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or above ground storage tank or POWTS treatment tank or holding tank component and associated piping.

Three hundred feet between a well and any farm underground storage tank system or underground storage tank with double-wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code Chs. SPS 301-319; General, Part I and receive written approval from the department of safety and professional services or its designated Local Program Operator under Wis. Admin. Code Section SPS 310.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor oil, burner fuel, lubricant, waste oil, or hazardous substances.

Three hundred feet between a well and any farm above ground storage tank with double-wall, or single-wall tank with other secondary containment and under a canopy; other above ground storage tank system with double-wall, or single-wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code chs. SPS 301-319; General, Part I and receive written approval from the department of safety and professional services or its designated Local Program Operator under Wis. Admin. Code Section SPS 310.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor oil, burner fuel, lubricant, waste oil, or hazardous substances.

Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, cemetery or a stormwater retention or detention pond.

Six hundred feet between a well and any farm underground storage tank system or other underground storage tank with double-wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm above ground storage tank with double-wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double-wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of Wis. Admin. Code chs. SPS 301-319; General, Part I and receive written land approval from the department of safety and professional services or its designated Local Program Operator under Wis. Admin. Code Section SPS 310.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor oil, burner fuel, lubricant, waste oil, or hazardous substances.

One thousand feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a landspreading facility for spreading of petroleum contaminated soil regulated under Wis. Admin. Code ch. NR 718 while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment units, lagoons, or storage structures; manure stacks or storage structure; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code ch. NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single-wall farm underground storage tank or single-wall farm above ground storage tank or other single-wall underground storage tank or above ground storage tank that has or has not received written approval from the Department Of Safety And Professional Services or its designated Local Program Operator under Wis. Admin. Code Section SPS 310.110 for a single-wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

Requirements for existing facilities.

Existing facilities and uses that are in compliance with the regulations of the underlying zoning district are considered conforming uses.

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the water utility.

Existing facilities which are noncompliant with any State, Federal or Local environmental regulations shall provide information as deemed necessary by the Water Utility which may include, but is not limited to, stormwater runoff management and groundwater or site monitoring.

Existing facilities shall replace equipment or expand in a manner that maintains or improves the existing environmental and safety technologies already in existence.

Existing facilities shall have the responsibility of devising and filing with the water utility a contingency plan satisfactory to the Water Utility for the immediate notification of the water utility in the event of a chemical or other spill which may pose a threat to groundwater quality.

Exemptions and waivers.

Individuals and/or facilities may request the City in writing, to permit additional land uses in the district.

All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the City and may require an environmental assessment report prepared by a licensed professional engineer. Said report shall be forwarded to the City and/or designee for recommendation and final decision by the Plan Commission.

The individual/facility shall reimburse the City for all consultant fees associated with this review at the invoiced amount, plus administrative costs.

Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the City.

Enforcement.

In the event that an individual and/or facility causes the release of any contaminants which endanger the well head protection district, the individual and/or facility causing said release shall immediately stop the release and clean up the release to the satisfaction of the City.

The individual/facility shall be responsible for all costs of cleanup, including all of the following:

(i)

City consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

(ii)

The cost of City employees' time associated in any way with cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the City representing the City's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.

(iii)

The cost of City equipment employed.

(iv)

The cost of mileage reimbursed to City employees attributed to the cleanup.

(v)

Following any such discharge the City may require additional test monitoring and/or bond/securities.

Penalties. Any person who violates any of the provisions of this section shall be subject to penalties provided in Sections 42-332 and 40-32.

(4)

SJO South Jackson Street Overlay District.

Intent and purpose. The purpose of this section is to provide for the redevelopment of the former General Motors Janesville Assembly Plant in a manner consistent with the needs and best interests of the community and to promote the health, safety and general welfare of the public.

District boundaries. The South Jackson Street Overlay District includes all property as referenced in Figure 1, generally bounded by W. Delavan Drive, S. Jackson Street, Kellogg Avenue, and the west property boundary of the former General Motors Janesville Assembly Plant.

Permitted uses. Any use permitted in the M2, General Industrial District, subject to the provisions of Section 42-274, planned unit developments, except for prohibited uses listed in Subsection (b)(4)e of this section prohibited uses.

Conditional uses. Any use listed as a conditional use in the M2, General Industrial District, subject to the provisions of Section 42-274, except for prohibited uses listed in Subsection (b)(4)e of this section.

Prohibited uses. The following uses are prohibited and ineligible for a conditional use permit within the South Jackson Street Overlay District:

Asphalt and concrete batching or ready-mix plants;

Fertilizer production;

Foundries;

Junkyards and salvage yards;

Animal rendering plants;

Smelting plants;

Tanneries.

(Code 1976, § 18.36.070)

Janesville City Zoning Code

ARTICLE XIII

ZONING DISTRICTS AND MAPS

Sec. 42-439.- Zoning districts and maps.

(a)

General requirements for districts.

(1)

Zoning districts established. In order to carry out the purposes and provisions of this article, the following zoning districts are established:

Residence districts.

R1 Single-Family and Two-Family Residence District.

R1D Two-Family Residence District.

R2 Limited General Residence District.

R3M Medium Density Residence District.

R3 General Residence District.

R4 Central Residence District.

Office/residence districts.

O1 Office/Residence District.

O2 Central Office/Residence District.

O3 Neighborhood Office District.

Business districts.

B1 Neighborhood Convenience District.

B2 Community Shopping District.

B3 General Commercial District.

B4 Business Highway.

B5 Central Business District.

B6 Central Service District.

BT Business Technology District.

Industrial districts.

M1 Light Industrial District.

M2 General Industrial District.

M3 Central Light Industrial District.

M4 Central General Industrial District.

Special purpose districts.

A Agriculture District.

M Mining District.

C Conservancy District.

Overlay districts.

F Floodplain Overlay District.

P Parking Overlay District.

H Historic Overlay District.

(b)

(c)

(Code 1976, § 18.36.010)

Sec. 42-440. - Residence districts.

(a)

General requirements.

(1)

Uses lawfully established on the effective date of the ordinance codified in this chapter; and

Conditional uses allowed in accordance with the provisions of Section 42-272.

(2)

(3)

(4)

Parking of camping and recreational equipment on private residential property.

Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes.

If the lot is equipped with a garage of sufficient size, any such camping or recreational equipment shall be parked or stored inside the garage.

No camping and recreational equipment shall be permitted to be parked or stored in the required side yard setback unless it is parked or stored in the driveway.

No more than two camping and recreational equipment vehicles designed for human habitation shall be permitted on any one lot.

(5)

(6)

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(7)

(8)

Use of trucks, travel trailers or mobile homes.

The following vehicles are exempt from the maximum weight restriction in this section:

Human service vehicles as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.

Registered vehicles bearing antique license plates issued by the State of Wisconsin.

Registered vehicles bearing collector license plates issued by the State of Wisconsin.

Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.

Medium-duty wrecker tow trucks or flat beds that are currently on-call through the no-preference tow rotation and meet the following requirements:

(i)

Do not have a towed vehicle attached to or at the property.

(ii)

Parked in the driveway not encroaching onto the sidewalk or public right-of-way.

(iii)

The address of the on-call employee has been previously provided to the City of Janesville.

(iv)

A home occupation is not being conducted at a residential location.

(9)

(10)

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

(12)

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(13)

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.

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 Chapter 28.

There shall be no more than five employees maximum on-site conducting sales activities or other work activities in such temporary real estate sales office at any one time.

(b)

District requirements.

(1)

Permitted uses.

Single-family dwellings;

Parks, playgrounds and open spaces;

Schools: elementary, junior high and senior high;

Church facilities but not including related convention or assembly facilities or the storage of buses or other motor vehicles on the premises;

Home occupations in accord with Section 42-275;

Community living arrangements for eight or fewer individuals and adult family homes subject to the following provisions:

(i)

(ii)

Family day care homes;

Bed and breakfast establishments for one to four boarders.

Conditional uses. The following may be allowed in R1 District subject to the provisions of Section 42-272, conditional uses:

Pre-schools, day care centers and nursery schools;

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

(ii)

(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 12,000 square feet in area;

Planned unit developments, as provided for in Section 42-274, for uses permitted in the R1 district;

Community facilities, such as, public community centers, public recreation facilities;

Bed and breakfast establishments for five to eight boarders, provided that the following conditions are met:

(i)

The establishment has a valid permit from the County Health Department;

(ii)

The establishment is located in an owner-occupied, single-family dwelling;

(iii)

No outside employees are permitted;

(iv)

(v)

One parking stall shall be provided for each boarding room in addition to the two required for the principal residence;

(vi)

Any site signage shall be limited to four square feet in size, shall have no illumination and shall be less than five feet in height;

(vii)

Length of stay shall not exceed 14 consecutive days for each registered boarder;

(i)

Corner lots;

(ii)

(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 percent 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)

(vii)

(viii)

Exceptions.

Lot area.

Single-family detached: not less than 7,700 square feet;

Two-family detached: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior, side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area;

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement;

Maximum building height. Two and one-half stories or 30 feet, whichever is greater;

Off-street parking shall be provided as regulated in Section 42-360.

(2)

Permitted uses.

Any use permitted in the R1 District.

Conditional uses. The following may be allowed in R1D District subject to the provisions of Section 42-272:

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;

Pre-school, day care centers and nursery schools;

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

(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 2,000 feet from another community living arrangement or adult family home;

(iii)

The facility shall be designed and maintained to appear as a one- 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 12,000 square feet in area.

Planned unit developments as provided for in Section 42-274, for uses permitted in the R1 District;

Community facilities, such as: public community centers, public recreation facilities;

Bed and breakfast establishments;

Lot area.

Single-family dwelling: not less than 7,700 square feet;

Two-family dwelling: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Subsection (b) of Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(3)

Permitted uses. Any use permitted in the R1 District.

Conditional uses. The following may be allowed in R2 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R1 District;

Planned unit developments as provided for in Section 42-274, for uses permitted in the R2 District.

Lot area.

Single-family detached: not less than 5,000 square feet;

Two-family detached: not less than 8,000 feet.

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: Two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. Forty percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building's height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(4)

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings containing no more than five units per building.

Conditional uses. The following may be allowed in the R3M District subject to the provisions of Section 42-272, conditional uses:

Conditional uses permitted in the R2 District;

Planned Unit Developments as provided for in Section 42-274 for uses permitted in the R3M District;

Multiple-family dwellings containing six to eight units per building;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(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 2,500 feet from another community living arrangement or adult family home.

(iii)

The facility shall be adequately designed and landscaped to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot no less than 18,000 square feet in area for the first 16 residents, plus an additional 3,000 square feet of land for each additional residents.

Lot area.

Single-family detached: not less than 5,000 square feet.

Two-family: not less than 8,000 square feet.

Three- to eight-family units: multiple-family dwelling units that contain more than two units shall have at least 3,000 square feet of land area for each unit.

Lot width. Not less than 50 feet, as measured at the front setback line.

Minimum setback requirements for principle uses.

Front yard: 25 feet;

Side yard: Eight feet for single-family and two-family units.

Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave width for single- and two-family dwellings (except as provided in Section 42-363) and ten feet for all other uses;

Corner side yard: 25 feet from property lines;

Rear yard: Two feet plus the eave width for single- and two-family dwellings and ten feet for all other purposes.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(5)

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings, after a favorable recommendation by the Site Plan Review Committee;

Community living arrangements for 15 or fewer residents and adult homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet.

Conditional uses. The following may be allowed in the R3 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R2 District.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents.

Colleges, universities, and schools that provide residence halls for on-campus living.

Cemeteries.

Mausoleums provided the mausoleum located within a cemetery.

Planned unit developments as provided for in Section 42-274 for uses permitted in the R3 District.

Roominghouses, boardinghouses or lodginghouses.

Nursing homes, rest homes for the elderly and convalescing.

Mobile home courts as provided for in Section 42-276.

10.

City-owned museums or museums owned by nonprofit organizations, provided the museum is established in a building existing at the time of the adoption of this zoning title.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom or efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet for single- and two-family units. Side yard: ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines; rear yard, two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(6)

Permitted uses. Uses permitted in the R3 District.

Conditional uses. Conditional uses permitted in R3 District except mobile home courts.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedroom	1,000 per unit	1,100 per unit
1 bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet for single- and two-family units. Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines;

Rear yard: Two feet plus the eave.

Green area. Twenty-five percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(Code 1976, § 18.36.020; Ord. No. 2021-814, 2-22-2021)

Sec. 42-441. - Office/residence districts.

(a)

(1)

(2)

(3)

(4)

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, or mobile home or similar vehicle shall be permitted in office/residence districts as a principal building.

Such vehicle is completely screened from view;

Such vehicle is used as a construction office, parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subdivision (4) of this section.

(6)

Green area.

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

(9)

(10)

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area, excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

(b)

District requirements.

(1)

General condition. The parking of trucks when used in the conduct of a permitted use in the O1 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Single- and two-family dwellings;

Offices, business, professional and public;

Libraries;

Art galleries, museums and cultural institutions;

Clubs and lodges, private, religious or fraternal;

Medical and dental clinics;

Educational and institutional uses (public and hilanthropic);

Funeral homes;

Fire stations;

10.

Churches;

11.

Group care and family care facilities, nursery schools;

12.

Parks, playgrounds and open spaces;

13.

Nursing homes, rest homes for the elderly and convalescing;

14.

Hospitals. Setback requirements for hospitals only:

(i)

Front yard: 25 feet;

(ii)

Corner, side yard: 25 feet;

(iii)

Any yard abutting a street: 25 feet;

(iv)

Side yard: ten feet or none if common party fire wall provided;

(v)

Rear yard: ten feet or 25 feet if adjoining a residence district.

15.

Community living arrangements for 15 or fewer residents and adult family homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet;

16.

Community facilities, such as public community centers, public recreation facilities, public and private elementary and secondary schools;

17.

Interior design studios, art studios and photographic studios, provided there is no warehousing or on-site storage of merchandise and no retail sales of materials or supplies;

18.

Schools, music, dance and business;

19.

Radio and TV recording studios;

20.

Conditional uses. The following may be allowed in the O1 District subject to the provisions of Section 42-272:

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses in the O1 District;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting;

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents;

Banks and other types of financial institutions with drive-in facilities;

Private outdoor recreational activity accessory to a listed permitted use;

Lodginghouses, roominghouses and boardinghouses;

Residential shelter care facilities;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

10.

Multiple-family dwellings are defined as any building containing three or more dwelling units.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

(ii)

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all streets lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet;

Minimum setback requirements for accessory uses.

Front yard: five feet to the rear of the principal building;

Side yard: two feet, plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(2)

General condition. The parking of trucks when used in the conduct of a permitted use in the O2 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Uses permitted in the O1 District;

Conditional uses. Conditional uses permitted in the O1 District.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

(ii)

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedrooms	1,000 per unit	1,100 per unit
l bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements. None, except as provided below: If a lot in the O2 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Maximum height. None.

(3)

General provisions.

Generally, the O3 District shall be mapped in quantities not exceeding five acres;

Residential uses are prohibited, except that a single dwelling unit is permitted if located within a structure erected to accommodate a use allowed within the district;

Retail and commercial services are prohibited except where clearly accessory to a listed permitted use;

Permitted uses.

Offices, business, professional and public;

Medical and dental clinics;

Funeral homes;

Churches;

Public libraries;

Interior design studios, art studios and photographic studios.

Conditional uses. The following may be allowed in the O3 District subject to the provisions of Section 42-272, conditional uses:

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the O3 District.

Retail and commercial service uses accessory to listed permitted or conditional uses.

Large developments as defined by having any one of the following characteristics:

(i)

(ii)

Any development that contains more than one building per site, lot or parcel.

One-story principle buildings between 5,000 and 10,000 gross square feet in size;

Fire stations;

Day care centers (nine or more children).

Minimum lot area. None.

Minimum lot width fronting a public street. None.

Maximum building size.

Principal buildings. 5,000 square feet per floor and 10,000 square feet total except as provided in Subsection (c) of this section.

Accessory buildings. 750 square feet.

Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 35 feet and any such building shall not contain more than two stories above grade.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking:

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

Side yard: ten feet;

Rear yard: 25 feet except for corner lots, which shall be treated as having two side yards;

Adjoining a residence district: 25 feet or equal in dimension to the height of the building, whichever is greater;

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

On-premises ground signs shall comply with the following regulations:

(i)

All property corners located at street intersections and along all side property lines; and

(ii)

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height.

(v)

Changeable message boards or signs are not permitted as separate signs or components of a primary sign.

Within this district window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(Code 1976, § 18.36.030)

Sec. 42-442. - Business districts.

(a)

(1)

(2)

(3)

(4)

Outside display of merchandise.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, mobile home or similar vehicle shall be permitted in business districts as a principal building.

Such vehicle is completely screened from view;

Such vehicle is used as a construction office parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subsection (4) of this section.

(6)

Green area.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

The quality and size of landscape planting within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

(9)

(10)

(b)

District requirements.

(1)

General conditions.

All business establishments shall be office, retail or service establishments dealing directly with consumers.

Hospitals are prohibited.

Permitted uses.

Any use permitted in O3 District except as specified in Subsection (b)(1)a of this section;

Apparel and apparel accessory stores;

Art and craft stores;

Banks and other types of financial institutions;

Barbershops;

Beauty shops;

Book, stationery, newspaper or magazine stores;

Camera and photographic stores;

Candy, confectionery, or ice cream stores;

10.

Card, curio and gift shops;

11.

Coffee shops;

12.

Drugstores;

13.

Dry cleaning establishments retail only;

14.

Florist shops;

15.

Food stores, bakeries, grocery stores, meat and fish markets, delicatessens, and fruit and vegetable markets, convenience stores without petroleum product dispensing, sales or storage;

16.

Garden supply stores;

17.

General merchandise stores;

18.

Hardware stores;

19.

Laundries, self-service, coin-operated;

20.

Liquor stores;

21.

Locksmith shops;

22.

Photography studios;

23.

Optical goods stores;

24.

Post offices (branch only);

25.

Radio, music and musical instruments and computer stores;

26.

Retail bakeries;

27.

Small electrical appliance, clock, watch and jewelry sales and repair shops;

28.

Sport equipment and clothing stores;

29.

Shoe repair shops;

30.

Tax return preparation stores;

31.

Underground public utility uses such as, electric substations, sewage lift stations, water pumping stations, water reservoirs, telephone transmission equipment, gas regulator stations;

32.

Video tape rental and sales stores;

33.

Exercise studio.

Conditional uses. The following may be allowed in B1 District subject to the provisions of Section 42-272:

Planned unit developments for permitted and conditional uses allowed within the B1 district subject to compliance with the standards outlined in this chapter and Section 42-274;

Private outdoor recreational activity accessory to a listed permitted use;

Large developments as defined by having any one of the following:

(i)

Any development containing a building of more than 15,000 gross square feet.

(ii)

(iii)

Any development which contains more than one building per site, lot or parcel.

Minimum lot area. None.

Minimum lot width fronting a public street. 100 feet.

Accessory buildings, 750 square feet. Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 40 feet and any such building shall not contain more than two stories above grade.

Major U.S. or state highways.

(i)

Center Avenue (U.S. Highway 51)	(Kellogg Avenue to south City limits)
Milton Avenue (STH 26)	(Blackbridge Road to north City limits)
North Parker Drive (U.S. Highway 51)	(U.S. Highway 14 to north City limits)
East Racine Street (STH 11)	(Interstate 90 to east City limits)
U.S. Highway 14
STH 351

(ii)

Local street.

(i)

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

(ii)

Side yard: ten feet or none if common party fire wall is provided;

(iii)

Rear yard: ten feet except corner lots which will be treated as having two side yards;

(iv)

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the B1 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a) for uncontrolled intersections, which shall be applied to the following areas of the property:

All property corners located at street intersections and along all side property lines; and

(ii)

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height except where a property adjoins a state or federal highway then the ground sign shall not exceed a height of ten feet.

Within this district, window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(2)

General conditions.

All business establishments shall be retail or service establishments dealing directly with consumers.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building;

(ii)

Lodging rooms shall be permitted on the first floor of a hotel or motel.

Permitted uses.

Any use permitted in B1 District;

Antique shops;

Appliance stores, household;

Arcade establishments with mechanical amusements;

Art and school supply stores;

Automobile supply store, retail sales only;

Banks and financial institutions having no drive-in facilities;

Bicycle sales, rental and repair;

Camping and recreation equipment; but not including sale of motorized vehicles;

10.

Carpet and rug stores;

11.

China and glassware stores;

12.

Clothing stores;

13.

Custom dressmaking;

14.

Department stores;

15.

Furniture and home furnishing stores;

16.

Glass and window shops;

17.

Golf equipment sales, retail;

18.

Gun shops;

19.

Health clubs;

20.

Hobby shops;

21.

High fidelity and stereophonic equipment;

22.

Interior decorating shops;

23.

Jewelry stores; including watch repair;

24.

Leather goods and luggage stores;

25.

Mail order service stores;

26.

Music instrument sales and repairs;

27.

Music stores; sheet music, phonographs;

28.

Needlework and notions;

29.

Newsstands;

30.

31.

Office supply stores;

32.

Outdoor cafes;

33.

Paint and wallpaper stores;

34.

Pet shops;

35.

Picture framing, when conducted on-premises for retail trade;

36.

Printers and printing shops;

37.

Production and repair of artwork, needlework, clothing, and jewelry, retail;

38.

Radio, TV, electronic equipment, retail sales and repair;

39.

Radio and TV recording studios;

40.

Rental equipment stores, no outdoor display or storage of equipment;

41.

Restaurants, not including drive-in types;

42.

Restaurants with liquor licenses, provided at least 50 percent of gross revenues are from the sale of food and nonalcoholic beverages;

43.

Schools, music, dance and business;

44.

Secondhand stores and rummage shops, retail sales of clothing and household goods;

45.

Sewing machine sales and service;

46.

Shoe stores;

47.

Sporting goods stores;

48.

Tailor shops;

49.

Taxidermy shops;

50.

Theaters, not including drive-in theaters;

51.

Tobacco stores;

52.

Toy shops;

53.

Upholstery repair;

54.

Variety stores;

55.

Automobile rental.

Conditional uses. The following may be allowed in B2 District subject to the provisions of Section 42-272:

Animal hospitals and veterinary services in enclosed buildings;

Archery lanes;

Bowling alleys;

Drive-in banks and other types of financial institutions with drive-in facilities;

Drive-in restaurants;

Hospitals;

Hotels;

Motels;

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses as provided in the B2 District;

10.

Taverns and cocktail lounges, with or without a beer garden;

11.

Private outdoor recreational activities accessory to a listed permitted use;

12.

13.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

14.

Gasoline service stations. Gasoline service stations shall be permitted only in accordance with the following procedures, regulations and standards:

(i)

(ii)

Location. No station shall be permitted unless it adjoins one of the following streets:

Afton Road	Rockport Road to south City limits
Beloit Avenue	South City limits to West Delavan Drive
Center Avenue	West Court Street to south City limits
East and West Centerway	West Court Street to Garfield Avenue
West Court Street	Jackson Street to west City limits
East and West Delavan Drive	Center Avenue to east City limits
Milton Avenue	North City limits to East Centerway
East Milwaukee Street	East City limits to East Centerway
North Parker Drive	Centerway to north City limits
East and West Racine Street	Center Avenue to east City limits
Rockport Road	Center Avenue to Afton Road
U.S. Highway 14	Within the City limits
North Washington Street	North Terrace Street to northwest City limits.
Memorial Drive	Railroad Street to Harding Street
North Wright Road	East Milwaukee Street to Stuart Street

(iii)

Will the auxiliary service unit, such as bulk tank trucks and other serving units, be inherently dangerous in the geographical location due to population or traffic density or pattern?

Will the proposed station comply with all applicable standards presented herein or with other applicable laws or codes?

(iv)

Standards.

Lot area.

(1)

Gasoline dispensing station: 10,000 feet;

(2)

Gasoline dispensing and service: 10,000 square feet, 2,000 square feet per bay.

Lot width.

(1)

Gasoline dispensing station: 100 feet;

(2)

Gasoline dispensing and service: 120 feet.

General provisions.

(1)

All activities necessary for or incidental to the operation of the station shall be conducted entirely within the building with the following exceptions:

(a)

Emergency services and tire changing;

(b)

Dispensing of gasoline and those minor service functions which are customarily performed while dispensing gasoline.

(2)

(a)

Outside tire cabinets or tire merchandisers for the display and storage of tires only will be permitted outside the building, provided that such cabinets are of a totally enclosed type.

(b)

Coin-operated machines for vending of soft drinks and similar items will be permitted outside the building, provided that such machines are located in an orderly manner.

(1)

A complete set of plans as required in site plan review Subsection (d) of Section 42-273 that show compliance with:

(a)

Location: Subsection (b)(2)c.15(ii) of this section;

(b)

Driveway openings: Subsection (a)(8) of this section;

(c)

Green area requirements: Subsection (a)(6) of this section;

(d)

Sign ordinance: Chapter 28;

(e)

General provisions: Subsection (b)(2)c.15(iv) of this section.

(2)

A favorable recommendation of the Site Plan Review Committee. A negative recommendation will be automatically forwarded to the Plan Commission which will have authority to grant or deny such request.

15.

Motorized recreational vehicle sales and repair (and uses incidental thereto) to include motorcycles, snowmobiles, small personal watercraft, ATVs, side-by-sides, scooters and go carts.

16.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation.

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. The requirements for setbacks in the B2 District shall be the same provided in the B1 District.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Planted and provided as regulated in Sections 42-360 and 42-361.

Off-street parking and loading. Provided as regulated in Sections 42-360 and 42-361.

(3)

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

All business establishments shall be retail or service establishments unless otherwise provided herein.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(3)a of this section;

Amusement establishments within enclosed buildings: Bowling alleys, gymnasiums, swimming pools, skating rinks, handball court, archery lanes, tennis courts and other similar uses;

Animal hospital or veterinary services, provided all kennels are within completely enclosed buildings;

Auction rooms;

Automobile rental;

Automotive repair shops but not body shops;

Bakeries with retail, wholesale and garage facilities;

Boat storage, sales and repairs and uses incidental thereto;

Bus stations;

10.

Exterminating shops;

11.

Furniture refinishing shops;

12.

Hotel;

13.

House and office cleaning service;

14.

Greenhouses, retail sales on-premises;

15.

Golf driving ranges and par three courses;

16.

Lawnmower shops;

17.

Machinery, vehicle and equipment sales all within enclosed buildings;

18.

Cemetery monument sales, including outdoor display of monuments;

19.

Motel;

20.

Motor vehicle sales and automotive equipment sales;

21.

Outdoor cafe/beer garden;

22.

Parking lots and storage garages for motor vehicles;

23.

Railroad passenger stations;

24.

Recreational vehicle sales;

25.

Schools, commercial or trade;

26.

Taverns and cocktail lounges;

27.

Trailer sales;

28.

Truck rental;

29.

Used car lots.

Conditional uses. The following may be allowed in B3 District subject to the provisions of Section 42-272.

Planned unit developments as provided for in Section 42-273 for permitted and conditional uses in the B3 District;

Gasoline service stations in accordance with Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

(v)

Hospitals;

(vi)

Body shops;

(vii)

Welding shops;

(viii)

Wholesale establishments;

Storage and warehousing establishments;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Sheltered workshops;

10.

Private outdoor recreational activity as either the principal or accessory use;

11.

Hatcheries within completely enclosed buildings. No hatchery shall in any manner create or cause any nuisance, including, but not limited to, noise or odor;

12.

Research and development activities;

13.

Miniwarehouses, provided that the following conditions are met:

(i)

All storage materials shall be kept entirely within the buildings. No outdoor storage is permitted;

(ii)

The selection of building materials and design shall be compatible with the character of the surrounding neighborhood;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

Microbreweries with or without on-site food sales;

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

18.

Brewpubs.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements:

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if a common party fire wall is provided;

Rear yard: Ten feet.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(4)

General conditions. Dwelling units are permitted above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

Permitted uses.

Any use permitted in the B3 District.

Adult entertainment or adult oriented establishments. Such adult entertainment or oriented establishment is a permitted use only upon compliance with each and every one of the following conditions:

(i)

(ii)

Conditional uses. The following may be allowed in B4 District subject to the provisions of Section 42-272:

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

Body shops;

Welding shops;

Travel trailer parks with recommendation by the Plan Commission and approval by City Council in accordance with the provisions of Section 42-276;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Storage and warehousing establishments;

10.

Wholesale establishments;

11.

Private outdoor recreational activity as either the principal or accessory use;

12.

Research and development activities;

13.

Public utility and public service facilities with accessory outdoor storage within a screened area as approved by the Plan Commission;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

18.

Hospitals;

19.

Brewpubs;

20.

Microbreweries with or without on-site food sales;

21.

Sheltered workshops.

Lot area. None.

Lot width. None.

Maximum building heights. None.

Minimum setback requirements. The requirements for setbacks in the B4 District shall be the same as provided in the B2 District.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(5)

General conditions.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

Lodging rooms shall be permitted on the first floor of a hotel or motel;

(ii)

Dwelling units shall be permitted on the first floor subject to the provisions of Section 42-272, conditional uses, and Subsection (5)c.10 of this section as approved by the Plan Commission.

All business and servicing, except off-street parking and loading shall be conducted within completely enclosed buildings.

Except for banks and financial institutions, drive-in establishments dealing directly with consumers are prohibited.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(5)a of this section;

Radio, TV and recording studios;

Outdoor cafe/beer garden;

Taverns and cocktail lounges;

Hotels and motels;

Community living arrangements for 15 or fewer individuals, provided such facility is located no closer than 2,000 feet from an existing community living arrangement.

Conditional uses. The following may be allowed in a B5 District subject to the provisions of Section 42-272:

Drive-in banks or other types of financial institutions;

Auction rooms;

Community living arrangements for more than 15 individuals provided such facility is located no closer than 2,000 feet from an existing community living arrangement;

Research and development activities;

Lodginghouses, roominghouses or boardinghouses located above the first floor;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

Brewpubs;

Microbreweries with or without food sales;

10.

First floor residential dwelling units, subject to the following restrictions:

(i)

(ii)

Access to residential dwellings may occur along front entryways of buildings adjoining Main and Milwaukee Streets in accordance with the subsections provided herein;

(iii)

(iv)

Clear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;

(v)

Compliance with all other applicable city codes and regulations as may be required to allow for residential occupancy of first floor areas.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B5 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet;

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. None.

Off-street parking and loading. None.

(6)

General conditions. All business, servicing excepting off-street parking and loading shall be conducted within completely enclosed buildings.

Permitted uses.

Any use permitted in the B3 District and/or B5 District;

Publication and newspaper printing.

Conditional uses. The following may be allowed in B6 District subject to the provisions in Section 42-272:

Drive-in establishments;

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Body and paint shops;

Dams and electrical generating facilities;

Multifamily apartment buildings not less than two stories in height;

Warehouse establishments;

Correctional institutions;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Wholesale establishments;

10.

Private outdoor recreational activities as either the principal or accessory use;

11.

Research and development activities;

12.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

13.

14.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

15.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

16.

Brewpubs;

17.

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B6 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. Not less than five percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(7)

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

No parking is permitted in required setback areas.

Architectural and landscaping requirements including construction shall be in compliance with the physical development standards, Article XI of this chapter.

Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices;

High technology products related to the fields of physics, chemistry and biology;

Laser technology, radiology, x-ray and ultrasound products, manufacturing and assembly;

Medical and dental supplies;

Optical, fiber optical and photographic products and equipment;

Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers;

Scientific and precision instruments and components, including robotics;

Specific products not listed above but similar in intent and character may be permitted as provided in Section 42-357;

10.

Research and development activities and testing laboratories;

11.

Telecommunication centers;

12.

Mail-order establishments;

13.

Printing and publishing;

14.

Data entry or processing;

15.

Computer support or development operations;

16.

Sheltered workshops;

17.

Business technology incubators;

18.

Business and professional offices;

19.

Medical and dental clinics;

20.

Professional or personal services;

21.

Hotel and motels;

22.

Banks and other types of financial institutions;

23.

Hospitals;

24.

Business, commercial or trade schools;

25.

Training centers;

26.

Health clubs;

27.

Restaurants;

28.

Educational and institutional uses (public and philanthropic);

29.

Day care centers (nine or more children);

Conditional uses. The following may be allowed in the BT District subject to the provisions of Section 42-272:

Public utility uses, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges and gas regulator stations.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the BT District.

Private outdoor recreational activities, accessory to listed permitted uses.

Drive-up or drive-through facilities in conjunction with any use permitted within the district.

Banquet facilities and convention centers.

Lot area. One acre.

Lot width. 100 feet.

Minimum setback requirements. The requirements for setbacks in the BT District shall be the same provided in the B1 District.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. As provided in Sections 42-360 and 42-361.

(Code 1976, § 18.36.040; Ord. No. 2019-763, §§ I, II, 9-9-2019; Ord. No. 2021-816, § I, 5-24-2021; Ord. No. 2024-890, §§ I, II, 5-13-2024; Ord. No. 2025-920, § I, 8-25-2025)

Sec. 42-443. - Industrial districts.

(a)

General requirements. Industrial district regulations are intended to govern the development and use of a full range of industrial establishments.

(1)

(2)

(3)

(4)

Green area.

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(5)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjacent property, there shall be at least ten feet of driveway on each parcel.

(6)

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(b)

District requirements.

(1)

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

Permitted uses.

Agriculture;

Any production, processing, assembling, cleaning, servicing, testing;

Building material sales;

Bakery, dairy and other food products;

Bottling or distribution plants, milk or soft drinks;

Cleaning and dyeing establishments;

Contractors' offices and shops;

Parks, playgrounds and open spaces;

Frozen food stores, lockers;

10.

Garages for repair and servicing of motor vehicles including body repair, painting or motor rebuilding;

11.

Greenhouses, wholesale;

12.

Laboratories, research, development and testing;

13.

Machine shops;

14.

Mail order houses;

15.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment;

16.

Metal stamping;

17.

Miniwarehouses;

18.

Monument works including accessory open sale lots;

19.

Parking lots and storage garages;

20.

Plumbing, heating and ventilating;

21.

Printing and publishing;

22.

23.

Storage and warehouse establishments, including wholesaling;

24.

Storage yards, but not including junk or salvage yards.

Conditional uses. The following may be allowed in the M1 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Railroad freight terminals, switching;

Motor freight terminals;

Commercial uses if they are incidental to a permitted use;

Correctional institutions;

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

Day care centers;

10.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

11.

Trade schools;

12.

Recreation facilities (public and private) in enclosed buildings, gymnastics, dance schools, skating rinks, tennis courts, soccer, fitness centers and other similar uses.

13.

Medical office, clinical and treatment facilities for outpatient services.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet or none if a common party fire wall is provided;

Rear yard: 25 feet;

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(2)

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

Permitted uses. Any use permitted in M1 District.

Conditional uses. The following may be allowed in M2 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

Chemical manufacturer;

Concrete products castings;

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

Motor freight terminals;

Restaurant or commercial uses if they are incidental to a permitted use;

Railroad freight terminals, railroad;

10.

Storage of petroleum products;

11.

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

12.

13.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

14.

Seasonal migrant labor housing, on the same or adjacent site and accessory to the industrial use being served, subject to Section 42-277.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if common party fire wall provided;

Rear yard: 25 feet;

Green area. Not less than ten percent of the gross lot and shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading: shall be provided as required in Sections 42-360 and 42-361.

(3)

General conditions.

Residential uses are prohibited except for watchman's quarters.

Permitted uses.

Uses permitted in the M1 District.

Uses permitted in the B6 District.

Conditional uses. The following may be allowed in the M3 District subject to the provisions of Section 42-272.

Industrial planned unit developments;

Railroad freight terminals, switching yards, roundhouses;

Motor freight terminals;

Brewpubs;

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: none except as provided below;

Corner side yard, side yard, and rear yard: none except as provided below.

(i)

If a lot in the M3 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

(ii)

Green area. None.

Off-street parking and loading. shall be provided as required in Sections 42-360 and 42-361.

(4)

Area 2. Beginning at the point where the centerline of East Centerway intersects the centerline of North Main Street; thence southwesterly along the centerline of West Centerway to the centerline of Center Avenue; thence south along the centerline of Center Avenue to the centerline of West Holmes Street; thence west along the centerline of West Holmes Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Johnson Street; thence west along the centerline of Johnson Street to the centerline of the vacated South Terrace Street; thence south along the centerline of vacated South Terrace Street to the centerline of West Racine Street; thence east along the centerline of West Racine Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Rockport Road; thence west along the centerline of Rockport Road to the centerline of South Pearl Street; thence north along the centerline of South Pearl Street to the centerline of West Court Street; thence east along the centerline of West Court Street to the centerline of North Washington Street; thence north along the centerline of North Washington Street to the centerline of West Wall Street; thence east one-half block along the centerline of West Wall Street to the centerline of an alley lying between North Washington Street and Madison Street from West Wall Street to Laurel Avenue; thence north along centerline of said alley to the centerline of Laurel Avenue; thence northeasterly along the centerline of Laurel Avenue to a point where the east line of Lot 11 in Mitchell's Addition to the City of Janesville if extended in a southeasterly direction would intersect said centerline of Laurel Avenue thence northwesterly along the said southeasterly extension of the east line of said Lot 11 through Lot 13 to a point on the south lot line of Lot 14 in Mitchell's Addition to the City of Janesville, which is 198.72 feet southwesterly of the west line of North Academy Street; thence northeasterly along the south line of Lot 14 to a point 170 feet southwesterly of the westerly line of North Academy Street; thence northwesterly 15 feet parallel to and 170 feet southwesterly from the westerly line of North Academy Street; thence northeasterly along a line 15 feet north of and parallel to the southerly lot line of Lot 14 in said Mitchell's Addition to the centerline of North Academy Street; thence northwesterly along the centerline of North Academy Street to the centerline of Race Street; thence northeasterly along the centerline of Race Street to the centerline of North Franklin Street; thence northwesterly along the centerline of North Franklin Street to the centerline of Ravine Street; thence northeasterly along the centerline of Ravine Street to the centerline of North River Street; thence northwesterly along the centerline of North River Street to the west extension of the centerline of Hyatt Street; thence northeasterly along the centerline of Hyatt Street extended and Hyatt Street to the centerline of North Parker Drive; thence northwesterly along the centerline of North Parker Drive to the centerline of St. Mary's Court; thence west along the centerline of St. Mary's Court to the centerline of North Water Street; thence north along the centerline of North Water Street to the centerline of Sherman Avenue; thence easterly along the centerline of Sherman Avenue to the centerline of North Parker Drive; thence southerly along the centerline of North Parker Drive to the centerline of East Memorial Drive; thence east along the centerline of East Memorial Drive to the centerline of Harding Street; thence south along the centerline of Glen Street; thence southwesterly along the centerline of Glen Street to the centerline of Avon Street; thence southerly and westerly along the centerline of Avon Street to the centerline of North Main Street; thence southeasterly along the centerline of North Main Street to the centerline of East Centerway, which is the point of beginning.

General conditions.

(i)

Residential uses are prohibited except for watchman's quarters.

(ii)

(iii)

Permitted uses.

(i)

Any use permitted in the M1 District.

(ii)

Any use permitted in the B6 District.

Conditional uses. The following may be allowed in the M4 District subject to the provisions of Section 42-272:

(i)

Industrial planned unit developments;

(ii)

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

(iii)

Chemical manufacturer;

(iv)

Concrete products castings;

(v)

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

(vi)

Motor freight terminals;

(vii)

Railroad freight terminals, railroad;

(viii)

Storage of petroleum products;

(ix)

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Setback requirements.

(i)

Front yard: None except as provided below;

(ii)

Corner side yard, side yard, and rear yard: None except as provided below.

If a lot in the M4 District is situated adjoining a residence district, the following setback requirements shall apply:

(a1)

Side yard: Eight feet;

(a2)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(Code 1976, § 18.36.050; Ord. No. 2019-769, § III, 10-14-2019; Ord. No. 2020-797, § I, 8-24-2020)

Sec. 42-444. - Special districts.

(a)

(1)

Permitted uses. All buildings, structures and land, and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the special district in which such land, structures, or buildings shall be located.

(2)

(3)

(b)

District requirements.

(1)

Permitted uses.

Raising grain or hay crops for cash sale or for use as feed, provided such feed use is conducted on premises located outside the City;

Forestry, nurseries, orchards, greenhouses and truck farming;

In-season roadside stands, offering for sale only, agricultural products produced on the premises;

Parks, playgrounds and open spaces;

Sewage lift stations, water pumping stations;

Public recreation facilities.

Conditional uses. The following may be allowed in the agriculture district subject to the provisions of Section 42-272:

Single- and two-family dwellings if used in conjunction with a permitted use;

Lot area. Not less than five acres.

Lot width. Average lot width not less than 330 feet.

Minimum setback. Minimum setback requirements for property adjoining the following types of roadways as designated on the official numbering map of the City:

	U.S. and State Highway	County Highway	Local Highway
Front yard	80 feet or 50 feet from access or frontage road, whichever is greater	50 feet	25 feet

Corner side yard: 50 feet.

Side yard: 20 feet.

Rear yard: 50 feet.

(2)

General conditions.

Residences, businesses and industrial uses are prohibited in the Mining District unless otherwise permitted.

All operations shall be conducted in such smoke, particulate matter or noxious gases at the boundaries of such use and where applicable, in accordance with Wisconsin Administration Code, as amended.

Permitted uses.

Mining, loading and hauling of sand, gravel, limerock, topsoil or other aggregate;

Parks, open space and public recreation uses;

Public landfill and waste disposal operations.

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(3)

Permitted uses.

Public recreation facilities;

Sewage lift stations and water pumping stations;

Floodplains, greenbelts and waterways;

Fishing and live trapping;

Forestry;

Parks, playgrounds and open spaces.

Conditional uses. The following may be allowed in the conservancy district subject to the provisions of Section 42-272:

Agriculture uses as permitted in the agriculture district;

Dredging, excavating and filling of lands and removal of topsoil within floodplains;

Campgrounds and facilities;

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, telephone transmission buildings, water reservoirs, fire stations, public safety training facilities, dams and electric generating facilities;

Lot area. None.

Lot width. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet;

Rear yard: 50 feet.

(Code 1976, § 18.36.060)

Sec. 42-445. - Overlay Supplemental Districts.

(a)

(b)

District requirements.

(1)

General conditions. There shall be no parking other than that of motor vehicles in operable condition. No vehicles waiting to be repaired or serviced or storage of vehicles shall be permitted.

Permitted uses.

Parking of motor vehicles;

Any use permitted in the underlying zoning district.

Conditional uses. None except as provided in the underlying zoning district.

Lot area. None except as provided in the underlying zoning district.

Lot width. None except as provided in the underlying zoning district.

Setback requirements. None except as provided in the underlying zoning district.

Green area or usable open space. None except as provided in the underlying zoning district.

(2)

H Historic Overlay District.

Identify those improvements, sites or neighborhoods which embody elements of the City's architectural, cultural, economic, social and political history;

Safeguard, preserve and enhance those improvements, sites, or neighborhoods containing such heritage with an Historic Overlay District designation;

Stabilize and improve property values and protect and enhance the City's attractiveness and livability to residents, tourists and visitors;

Promote the use of such historic districts for the education and enjoyment of the residents of the City by fostering civic pride in the aesthetic and noble accomplishments of the past;

Janesville Historic Commission.

Powers, duties and responsibilities of the Historic Commission. The Historic Commission shall:

(i)

Make recommendations to the City Council that certain areas be designated as historic districts;

(ii)

Develop an Historic Overlay District plan for each district designated;

(iii)

Establish guidelines and develop criteria for construction, alteration, or demolition of improvements within an Historic Overlay District;

(iv)

Determine an appropriate system of markers for designated historic districts;

(v)

Advise and assist owners, occupants or persons in charge of improvements in an historic district regarding physical and financial aspects of preservation, renovation, rehabilitation and reuse;

(vi)

Review any applications for a certificate of appropriateness and to require the presentation of such plans, drawings, elevations and other information as may be reasonably necessary for such review;

(vii)

Grant or deny a certificate of appropriateness to any applicant;

(viii)

Issue a statement of waiver when required by this section;

(ix)

(x)

Develop and implement rules of procedure for hearings and meetings convened by the Historic Commission;

(xi)

Promote community education, interest and support for the preservation and enhancement of such historic districts.

Designation of Historic Overlay Districts.

The City Council may designate by ordinance individual parcels of land or entire neighborhoods as an Historic Overlay District.

The Historic Commission may select and recommend to the City Council geographically defined areas within the City to be designated as Historic Overlay Districts.

Development of Historic Overlay District plan.

The Historic Commission may establish guidelines and develop criteria for the Historic Overlay District plan, including, but not limited to, the following items:

(i)

The height, gross volume, roof design and architectural details of any new or altered structure;

(ii)

The proportion between a building's width, height, and fenestration;

(iii)

The building masses and the spaces between them;

(iv)

Materials, texture, colors and patterns used in improvement;

(v)

The landscaping;

(vi)

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

The City Plan Commission shall review an Historic District Plan, hold a public hearing, and make a recommendation to the City Council.

The City Council may adopt such Historic Overlay District plan for a designated Historic Overlay District.

Regulation of construction, alteration, and demolition of an improvement.

Certificate of appropriateness.

Criteria for granting or denying certificate of appropriateness.

(i)

In reviewing an application for a certificate of appropriateness, the Historic Commission shall consider the following items:

The appropriateness to the Historic District of the proposed construction, alteration or demolition of an improvement;

Whether such proposed construction, alteration, or demolition of an improvement will further the purposes of this section;

The historical significance of the improvement;

The architectural value;

The unique design, arrangement, texture, material, or color of the building, place or area in question;

The relation of such improvement to other improvements in the immediate area;

The position of such improvement in relation to the street or public way;

The appearance of the proposed construction, alteration, or demolition from the public view;

Such specific design standards as the Historic Commission may recommend and the City Council adopt as an Historic Overlay District plan;

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

(ii)

(iii)

Statement of waiver.

If the construction, alteration, or demolition has not commenced within one year after the date of issuance of the statement of waiver, the statement shall expire.

Appeals.

If the Historic Commission denies a certificate of appropriateness, the applicant may appeal such denial to the Plan Commission or to the City Council as provided in this section.

An appeal of a denial of the Historic Commission shall be filed in writing with the Secretary of the Plan Commission within 30 days of the mailing of the notice of denial to the applicant.

(3)

W Well Head Protection Overlay District.

Groundwater protection overlay district means that area described within the water utility's Well Head Protection Plan. A copy of the well head protection plan can be obtained from the water utility.

Time of travel means the determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.

Designation of Well Head Protection Districts.

Permitted uses. Subject to the exemptions listed in Subsection (3)(h) of this section, the following are the only permitted uses within the district:

Parks, open space and public recreational facilities, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

Playgrounds.

Wildlife areas.

Non-motorized trails, such as biking, skiing, nature and fitness trails.

Municipally sewered residential development, and other permitted uses in the residence district, free of flammable and combustible liquid underground storage tanks.

(i)

Above ground storage tanks.

(ii)

Asbestos product sales.

(iii)

Automotive service and repair garages, body shops.

(iv)

Blue printing and photocopying services.

(v)

Car washes.

(vi)

Laundromats and diaper services.

(vii)

Dry cleaning.

(viii)

Chemical manufacturing.

(ix)

Gas stations.

(x)

Holding ponds or lagoons.

(xi)

Infiltration ponds.

(xii)

Nurseries, lawn and garden supply stores.

(xiii)

Small engine repair services.

(xiv)

Underground storage tanks.

(xv)

Wells, private, production, injection or other.

(xvi)

Any other use determined by the Planning Director to be similar in nature to the above listed items.

Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.

Conditional uses. None, except as provided in the underlying zoning district.

Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, cemetery or a stormwater retention or detention pond.

Requirements for existing facilities.

Existing facilities and uses that are in compliance with the regulations of the underlying zoning district are considered conforming uses.

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the water utility.

Existing facilities shall replace equipment or expand in a manner that maintains or improves the existing environmental and safety technologies already in existence.

Exemptions and waivers.

Individuals and/or facilities may request the City in writing, to permit additional land uses in the district.

The individual/facility shall reimburse the City for all consultant fees associated with this review at the invoiced amount, plus administrative costs.

Enforcement.

The individual/facility shall be responsible for all costs of cleanup, including all of the following:

(i)

City consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

(ii)

(iii)

The cost of City equipment employed.

(iv)

The cost of mileage reimbursed to City employees attributed to the cleanup.

(v)

Following any such discharge the City may require additional test monitoring and/or bond/securities.

Penalties. Any person who violates any of the provisions of this section shall be subject to penalties provided in Sections 42-332 and 40-32.

(4)

SJO South Jackson Street Overlay District.

Prohibited uses. The following uses are prohibited and ineligible for a conditional use permit within the South Jackson Street Overlay District:

Asphalt and concrete batching or ready-mix plants;

Fertilizer production;

Foundries;

Junkyards and salvage yards;

Animal rendering plants;

Smelting plants;

Tanneries.

(Code 1976, § 18.36.070)

Janesville City Zoning Code

ARTICLE XIII

ZONING DISTRICTS AND MAPS

Sec. 42-439.- Zoning districts and maps.

(a)

General requirements for districts.

(1)

Zoning districts established. In order to carry out the purposes and provisions of this article, the following zoning districts are established:

Residence districts.

R1 Single-Family and Two-Family Residence District.

R1D Two-Family Residence District.

R2 Limited General Residence District.

R3M Medium Density Residence District.

R3 General Residence District.

R4 Central Residence District.

Office/residence districts.

O1 Office/Residence District.

O2 Central Office/Residence District.

O3 Neighborhood Office District.

Business districts.

B1 Neighborhood Convenience District.

B2 Community Shopping District.

B3 General Commercial District.

B4 Business Highway.

B5 Central Business District.

B6 Central Service District.

BT Business Technology District.

Industrial districts.

M1 Light Industrial District.

M2 General Industrial District.

M3 Central Light Industrial District.

M4 Central General Industrial District.

Special purpose districts.

A Agriculture District.

M Mining District.

C Conservancy District.

Overlay districts.

F Floodplain Overlay District.

P Parking Overlay District.

H Historic Overlay District.

(b)

(c)

(Code 1976, § 18.36.010)

Sec. 42-440. - Residence districts.

(a)

General requirements.

(1)

Uses lawfully established on the effective date of the ordinance codified in this chapter; and

Conditional uses allowed in accordance with the provisions of Section 42-272.

(2)

(3)

(4)

Parking of camping and recreational equipment on private residential property.

Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes.

If the lot is equipped with a garage of sufficient size, any such camping or recreational equipment shall be parked or stored inside the garage.

No camping and recreational equipment shall be permitted to be parked or stored in the required side yard setback unless it is parked or stored in the driveway.

No more than two camping and recreational equipment vehicles designed for human habitation shall be permitted on any one lot.

(5)

(6)

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(7)

(8)

Use of trucks, travel trailers or mobile homes.

The following vehicles are exempt from the maximum weight restriction in this section:

Human service vehicles as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.

Registered vehicles bearing antique license plates issued by the State of Wisconsin.

Registered vehicles bearing collector license plates issued by the State of Wisconsin.

Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.

Medium-duty wrecker tow trucks or flat beds that are currently on-call through the no-preference tow rotation and meet the following requirements:

(i)

Do not have a towed vehicle attached to or at the property.

(ii)

Parked in the driveway not encroaching onto the sidewalk or public right-of-way.

(iii)

The address of the on-call employee has been previously provided to the City of Janesville.

(iv)

A home occupation is not being conducted at a residential location.

(9)

(10)

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

(12)

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(13)

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.

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 Chapter 28.

There shall be no more than five employees maximum on-site conducting sales activities or other work activities in such temporary real estate sales office at any one time.

(b)

District requirements.

(1)

Permitted uses.

Single-family dwellings;

Parks, playgrounds and open spaces;

Schools: elementary, junior high and senior high;

Church facilities but not including related convention or assembly facilities or the storage of buses or other motor vehicles on the premises;

Home occupations in accord with Section 42-275;

Community living arrangements for eight or fewer individuals and adult family homes subject to the following provisions:

(i)

(ii)

Family day care homes;

Bed and breakfast establishments for one to four boarders.

Conditional uses. The following may be allowed in R1 District subject to the provisions of Section 42-272, conditional uses:

Pre-schools, day care centers and nursery schools;

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

(ii)

(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 12,000 square feet in area;

Planned unit developments, as provided for in Section 42-274, for uses permitted in the R1 district;

Community facilities, such as, public community centers, public recreation facilities;

Bed and breakfast establishments for five to eight boarders, provided that the following conditions are met:

(i)

The establishment has a valid permit from the County Health Department;

(ii)

The establishment is located in an owner-occupied, single-family dwelling;

(iii)

No outside employees are permitted;

(iv)

(v)

One parking stall shall be provided for each boarding room in addition to the two required for the principal residence;

(vi)

Any site signage shall be limited to four square feet in size, shall have no illumination and shall be less than five feet in height;

(vii)

Length of stay shall not exceed 14 consecutive days for each registered boarder;

(i)

Corner lots;

(ii)

(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 percent 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)

(vii)

(viii)

Exceptions.

Lot area.

Single-family detached: not less than 7,700 square feet;

Two-family detached: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior, side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area;

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement;

Maximum building height. Two and one-half stories or 30 feet, whichever is greater;

Off-street parking shall be provided as regulated in Section 42-360.

(2)

Permitted uses.

Any use permitted in the R1 District.

Conditional uses. The following may be allowed in R1D District subject to the provisions of Section 42-272:

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;

Pre-school, day care centers and nursery schools;

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

(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 2,000 feet from another community living arrangement or adult family home;

(iii)

The facility shall be designed and maintained to appear as a one- 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 12,000 square feet in area.

Planned unit developments as provided for in Section 42-274, for uses permitted in the R1 District;

Community facilities, such as: public community centers, public recreation facilities;

Bed and breakfast establishments;

Lot area.

Single-family dwelling: not less than 7,700 square feet;

Two-family dwelling: not less than 10,000 square feet.

Lot width. Not less than 70 feet as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Subsection (b) of Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(3)

Permitted uses. Any use permitted in the R1 District.

Conditional uses. The following may be allowed in R2 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R1 District;

Planned unit developments as provided for in Section 42-274, for uses permitted in the R2 District.

Lot area.

Single-family detached: not less than 5,000 square feet;

Two-family detached: not less than 8,000 feet.

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: Two feet, plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. Forty percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building's height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(4)

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings containing no more than five units per building.

Conditional uses. The following may be allowed in the R3M District subject to the provisions of Section 42-272, conditional uses:

Conditional uses permitted in the R2 District;

Planned Unit Developments as provided for in Section 42-274 for uses permitted in the R3M District;

Multiple-family dwellings containing six to eight units per building;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(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 2,500 feet from another community living arrangement or adult family home.

(iii)

The facility shall be adequately designed and landscaped to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot no less than 18,000 square feet in area for the first 16 residents, plus an additional 3,000 square feet of land for each additional residents.

Lot area.

Single-family detached: not less than 5,000 square feet.

Two-family: not less than 8,000 square feet.

Three- to eight-family units: multiple-family dwelling units that contain more than two units shall have at least 3,000 square feet of land area for each unit.

Lot width. Not less than 50 feet, as measured at the front setback line.

Minimum setback requirements for principle uses.

Front yard: 25 feet;

Side yard: Eight feet for single-family and two-family units.

Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave width for single- and two-family dwellings (except as provided in Section 42-363) and ten feet for all other uses;

Corner side yard: 25 feet from property lines;

Rear yard: Two feet plus the eave width for single- and two-family dwellings and ten feet for all other purposes.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Open space. 40 percent of gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(5)

Permitted uses.

Any use permitted in the R2 District;

Two-family dwellings;

Multiple-family dwellings, after a favorable recommendation by the Site Plan Review Committee;

Community living arrangements for 15 or fewer residents and adult homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet.

Conditional uses. The following may be allowed in the R3 District subject to the provisions of Section 42-272:

Conditional uses permitted in the R2 District.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents.

Colleges, universities, and schools that provide residence halls for on-campus living.

Cemeteries.

Mausoleums provided the mausoleum located within a cemetery.

Planned unit developments as provided for in Section 42-274 for uses permitted in the R3 District.

Roominghouses, boardinghouses or lodginghouses.

Nursing homes, rest homes for the elderly and convalescing.

Mobile home courts as provided for in Section 42-276.

10.

City-owned museums or museums owned by nonprofit organizations, provided the museum is established in a building existing at the time of the adoption of this zoning title.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom or efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Lot width. Not less than 50 feet, as measured at the setback line.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet for single- and two-family units. Side yard: ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines; rear yard, two feet plus the eave.

Green area. 25 percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(6)

Permitted uses. Uses permitted in the R3 District.

Conditional uses. Conditional uses permitted in R3 District except mobile home courts.

Lot area.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedroom	1,000 per unit	1,100 per unit
1 bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: Eight feet for single- and two-family units. Side yard, ten feet for three or more units and nonresidential uses;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all street lines;

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

Minimum setback requirements for accessory structures.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

Side yard: Two feet plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from street lines;

Rear yard: Two feet plus the eave.

Green area. Twenty-five percent of the gross lot area shall be devoted to green area.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(Code 1976, § 18.36.020; Ord. No. 2021-814, 2-22-2021)

Sec. 42-441. - Office/residence districts.

(a)

(1)

(2)

(3)

(4)

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, or mobile home or similar vehicle shall be permitted in office/residence districts as a principal building.

Such vehicle is completely screened from view;

Such vehicle is used as a construction office, parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subdivision (4) of this section.

(6)

Green area.

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

(9)

(10)

Any yard abutting a street: 25 feet;

Side yard (unattached end of each unit): eight feet;

Rear yard (area behind each unit): 25 feet.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

Installed on an enclosed permanent foundation;

Minimum floor area, excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

Minimum width of short side of dwelling: 24 feet;

Minimum core area of heated living space: 24 feet by 24 feet;

Pitched roof required with a minimum slope of three inches in height for each foot of width;

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

(b)

District requirements.

(1)

General condition. The parking of trucks when used in the conduct of a permitted use in the O1 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Single- and two-family dwellings;

Offices, business, professional and public;

Libraries;

Art galleries, museums and cultural institutions;

Clubs and lodges, private, religious or fraternal;

Medical and dental clinics;

Educational and institutional uses (public and hilanthropic);

Funeral homes;

Fire stations;

10.

Churches;

11.

Group care and family care facilities, nursery schools;

12.

Parks, playgrounds and open spaces;

13.

Nursing homes, rest homes for the elderly and convalescing;

14.

Hospitals. Setback requirements for hospitals only:

(i)

Front yard: 25 feet;

(ii)

Corner, side yard: 25 feet;

(iii)

Any yard abutting a street: 25 feet;

(iv)

Side yard: ten feet or none if common party fire wall provided;

(v)

Rear yard: ten feet or 25 feet if adjoining a residence district.

15.

Community living arrangements for 15 or fewer residents and adult family homes, subject to the following provisions:

(i)

(ii)

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet;

16.

Community facilities, such as public community centers, public recreation facilities, public and private elementary and secondary schools;

17.

Interior design studios, art studios and photographic studios, provided there is no warehousing or on-site storage of merchandise and no retail sales of materials or supplies;

18.

Schools, music, dance and business;

19.

Radio and TV recording studios;

20.

Conditional uses. The following may be allowed in the O1 District subject to the provisions of Section 42-272:

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses in the O1 District;

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

(ii)

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting;

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents;

Banks and other types of financial institutions with drive-in facilities;

Private outdoor recreational activity accessory to a listed permitted use;

Lodginghouses, roominghouses and boardinghouses;

Residential shelter care facilities;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

10.

Multiple-family dwellings are defined as any building containing three or more dwelling units.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	8,000

(ii)

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	2,200 per unit	2,400 per unit
2 bedroom	2,000 per unit	2,100 per unit
1 bedroom efficiency	1,800 per unit	1,800 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	1,500 per unit	1,500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements for principal use.

Front yard: 25 feet;

Side yard: eight feet;

Rear yard: 25 feet (except corner lots);

Corner side yard: 25 feet from all streets lines;

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet;

Minimum setback requirements for accessory uses.

Front yard: five feet to the rear of the principal building;

Side yard: two feet, plus the eave (except as provided in Section 42-363);

Corner side yard: 25 feet from all street lines;

Rear yard: two feet plus the eave.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.

(2)

General condition. The parking of trucks when used in the conduct of a permitted use in the O2 District shall be limited to vehicles of not over 1½ tons capacity.

Permitted uses.

Uses permitted in the O1 District;

Conditional uses. Conditional uses permitted in the O1 District.

Lot area.

Residential uses.

(i)

Single-family and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

Minimum Lot Area in Square Feet
Single-family	5,000
Two-family	5,400

(ii)

(iii)

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

Minimum Lot Area in Square Feet
	Where 1½ Stalls/Unit is Required	Where 2 Stalls/Unit is Required
3 bedroom or more	1,100 per unit	1,200 per unit
2 bedrooms	1,000 per unit	1,100 per unit
l bedroom efficiency	900 per unit	900 per unit
Elderly subsidized rental housing as defined in Section 42-359(i)(1)e	500 per unit	500 per unit

Nonresidential uses. None.

Lot width. None.

Minimum setback requirements. None, except as provided below: If a lot in the O2 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Maximum height. None.

(3)

General provisions.

Generally, the O3 District shall be mapped in quantities not exceeding five acres;

Residential uses are prohibited, except that a single dwelling unit is permitted if located within a structure erected to accommodate a use allowed within the district;

Retail and commercial services are prohibited except where clearly accessory to a listed permitted use;

Permitted uses.

Offices, business, professional and public;

Medical and dental clinics;

Funeral homes;

Churches;

Public libraries;

Interior design studios, art studios and photographic studios.

Conditional uses. The following may be allowed in the O3 District subject to the provisions of Section 42-272, conditional uses:

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the O3 District.

Retail and commercial service uses accessory to listed permitted or conditional uses.

Large developments as defined by having any one of the following characteristics:

(i)

(ii)

Any development that contains more than one building per site, lot or parcel.

One-story principle buildings between 5,000 and 10,000 gross square feet in size;

Fire stations;

Day care centers (nine or more children).

Minimum lot area. None.

Minimum lot width fronting a public street. None.

Maximum building size.

Principal buildings. 5,000 square feet per floor and 10,000 square feet total except as provided in Subsection (c) of this section.

Accessory buildings. 750 square feet.

Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 35 feet and any such building shall not contain more than two stories above grade.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking:

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

Side yard: ten feet;

Rear yard: 25 feet except for corner lots, which shall be treated as having two side yards;

Adjoining a residence district: 25 feet or equal in dimension to the height of the building, whichever is greater;

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

On-premises ground signs shall comply with the following regulations:

(i)

All property corners located at street intersections and along all side property lines; and

(ii)

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height.

(v)

Changeable message boards or signs are not permitted as separate signs or components of a primary sign.

Within this district window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(Code 1976, § 18.36.030)

Sec. 42-442. - Business districts.

(a)

(1)

(2)

(3)

(4)

Outside display of merchandise.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

No truck, travel trailer, mobile home or similar vehicle shall be permitted in business districts as a principal building.

Such vehicle is completely screened from view;

Such vehicle is used as a construction office parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subsection (4) of this section.

(6)

Green area.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

The quality and size of landscape planting within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

(9)

(10)

(b)

District requirements.

(1)

General conditions.

All business establishments shall be office, retail or service establishments dealing directly with consumers.

Hospitals are prohibited.

Permitted uses.

Any use permitted in O3 District except as specified in Subsection (b)(1)a of this section;

Apparel and apparel accessory stores;

Art and craft stores;

Banks and other types of financial institutions;

Barbershops;

Beauty shops;

Book, stationery, newspaper or magazine stores;

Camera and photographic stores;

Candy, confectionery, or ice cream stores;

10.

Card, curio and gift shops;

11.

Coffee shops;

12.

Drugstores;

13.

Dry cleaning establishments retail only;

14.

Florist shops;

15.

Food stores, bakeries, grocery stores, meat and fish markets, delicatessens, and fruit and vegetable markets, convenience stores without petroleum product dispensing, sales or storage;

16.

Garden supply stores;

17.

General merchandise stores;

18.

Hardware stores;

19.

Laundries, self-service, coin-operated;

20.

Liquor stores;

21.

Locksmith shops;

22.

Photography studios;

23.

Optical goods stores;

24.

Post offices (branch only);

25.

Radio, music and musical instruments and computer stores;

26.

Retail bakeries;

27.

Small electrical appliance, clock, watch and jewelry sales and repair shops;

28.

Sport equipment and clothing stores;

29.

Shoe repair shops;

30.

Tax return preparation stores;

31.

Underground public utility uses such as, electric substations, sewage lift stations, water pumping stations, water reservoirs, telephone transmission equipment, gas regulator stations;

32.

Video tape rental and sales stores;

33.

Exercise studio.

Conditional uses. The following may be allowed in B1 District subject to the provisions of Section 42-272:

Planned unit developments for permitted and conditional uses allowed within the B1 district subject to compliance with the standards outlined in this chapter and Section 42-274;

Private outdoor recreational activity accessory to a listed permitted use;

Large developments as defined by having any one of the following:

(i)

Any development containing a building of more than 15,000 gross square feet.

(ii)

(iii)

Any development which contains more than one building per site, lot or parcel.

Minimum lot area. None.

Minimum lot width fronting a public street. 100 feet.

Accessory buildings, 750 square feet. Only one accessory building is permitted per lot or parcel.

Maximum height. The maximum height of any building, structure or use shall not exceed 40 feet and any such building shall not contain more than two stories above grade.

Major U.S. or state highways.

(i)

Center Avenue (U.S. Highway 51)	(Kellogg Avenue to south City limits)
Milton Avenue (STH 26)	(Blackbridge Road to north City limits)
North Parker Drive (U.S. Highway 51)	(U.S. Highway 14 to north City limits)
East Racine Street (STH 11)	(Interstate 90 to east City limits)
U.S. Highway 14
STH 351

(ii)

Local street.

(i)

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

(ii)

Side yard: ten feet or none if common party fire wall is provided;

(iii)

Rear yard: ten feet except corner lots which will be treated as having two side yards;

(iv)

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the B1 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a) for uncontrolled intersections, which shall be applied to the following areas of the property:

All property corners located at street intersections and along all side property lines; and

(ii)

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height except where a property adjoins a state or federal highway then the ground sign shall not exceed a height of ten feet.

Within this district, window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(2)

General conditions.

All business establishments shall be retail or service establishments dealing directly with consumers.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building;

(ii)

Lodging rooms shall be permitted on the first floor of a hotel or motel.

Permitted uses.

Any use permitted in B1 District;

Antique shops;

Appliance stores, household;

Arcade establishments with mechanical amusements;

Art and school supply stores;

Automobile supply store, retail sales only;

Banks and financial institutions having no drive-in facilities;

Bicycle sales, rental and repair;

Camping and recreation equipment; but not including sale of motorized vehicles;

10.

Carpet and rug stores;

11.

China and glassware stores;

12.

Clothing stores;

13.

Custom dressmaking;

14.

Department stores;

15.

Furniture and home furnishing stores;

16.

Glass and window shops;

17.

Golf equipment sales, retail;

18.

Gun shops;

19.

Health clubs;

20.

Hobby shops;

21.

High fidelity and stereophonic equipment;

22.

Interior decorating shops;

23.

Jewelry stores; including watch repair;

24.

Leather goods and luggage stores;

25.

Mail order service stores;

26.

Music instrument sales and repairs;

27.

Music stores; sheet music, phonographs;

28.

Needlework and notions;

29.

Newsstands;

30.

31.

Office supply stores;

32.

Outdoor cafes;

33.

Paint and wallpaper stores;

34.

Pet shops;

35.

Picture framing, when conducted on-premises for retail trade;

36.

Printers and printing shops;

37.

Production and repair of artwork, needlework, clothing, and jewelry, retail;

38.

Radio, TV, electronic equipment, retail sales and repair;

39.

Radio and TV recording studios;

40.

Rental equipment stores, no outdoor display or storage of equipment;

41.

Restaurants, not including drive-in types;

42.

Restaurants with liquor licenses, provided at least 50 percent of gross revenues are from the sale of food and nonalcoholic beverages;

43.

Schools, music, dance and business;

44.

Secondhand stores and rummage shops, retail sales of clothing and household goods;

45.

Sewing machine sales and service;

46.

Shoe stores;

47.

Sporting goods stores;

48.

Tailor shops;

49.

Taxidermy shops;

50.

Theaters, not including drive-in theaters;

51.

Tobacco stores;

52.

Toy shops;

53.

Upholstery repair;

54.

Variety stores;

55.

Automobile rental.

Conditional uses. The following may be allowed in B2 District subject to the provisions of Section 42-272:

Animal hospitals and veterinary services in enclosed buildings;

Archery lanes;

Bowling alleys;

Drive-in banks and other types of financial institutions with drive-in facilities;

Drive-in restaurants;

Hospitals;

Hotels;

Motels;

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses as provided in the B2 District;

10.

Taverns and cocktail lounges, with or without a beer garden;

11.

Private outdoor recreational activities accessory to a listed permitted use;

12.

13.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

14.

Gasoline service stations. Gasoline service stations shall be permitted only in accordance with the following procedures, regulations and standards:

(i)

(ii)

Location. No station shall be permitted unless it adjoins one of the following streets:

Afton Road	Rockport Road to south City limits
Beloit Avenue	South City limits to West Delavan Drive
Center Avenue	West Court Street to south City limits
East and West Centerway	West Court Street to Garfield Avenue
West Court Street	Jackson Street to west City limits
East and West Delavan Drive	Center Avenue to east City limits
Milton Avenue	North City limits to East Centerway
East Milwaukee Street	East City limits to East Centerway
North Parker Drive	Centerway to north City limits
East and West Racine Street	Center Avenue to east City limits
Rockport Road	Center Avenue to Afton Road
U.S. Highway 14	Within the City limits
North Washington Street	North Terrace Street to northwest City limits.
Memorial Drive	Railroad Street to Harding Street
North Wright Road	East Milwaukee Street to Stuart Street

(iii)

Will the auxiliary service unit, such as bulk tank trucks and other serving units, be inherently dangerous in the geographical location due to population or traffic density or pattern?

Will the proposed station comply with all applicable standards presented herein or with other applicable laws or codes?

(iv)

Standards.

Lot area.

(1)

Gasoline dispensing station: 10,000 feet;

(2)

Gasoline dispensing and service: 10,000 square feet, 2,000 square feet per bay.

Lot width.

(1)

Gasoline dispensing station: 100 feet;

(2)

Gasoline dispensing and service: 120 feet.

General provisions.

(1)

All activities necessary for or incidental to the operation of the station shall be conducted entirely within the building with the following exceptions:

(a)

Emergency services and tire changing;

(b)

Dispensing of gasoline and those minor service functions which are customarily performed while dispensing gasoline.

(2)

(a)

Outside tire cabinets or tire merchandisers for the display and storage of tires only will be permitted outside the building, provided that such cabinets are of a totally enclosed type.

(b)

Coin-operated machines for vending of soft drinks and similar items will be permitted outside the building, provided that such machines are located in an orderly manner.

(1)

A complete set of plans as required in site plan review Subsection (d) of Section 42-273 that show compliance with:

(a)

Location: Subsection (b)(2)c.15(ii) of this section;

(b)

Driveway openings: Subsection (a)(8) of this section;

(c)

Green area requirements: Subsection (a)(6) of this section;

(d)

Sign ordinance: Chapter 28;

(e)

General provisions: Subsection (b)(2)c.15(iv) of this section.

(2)

A favorable recommendation of the Site Plan Review Committee. A negative recommendation will be automatically forwarded to the Plan Commission which will have authority to grant or deny such request.

15.

Motorized recreational vehicle sales and repair (and uses incidental thereto) to include motorcycles, snowmobiles, small personal watercraft, ATVs, side-by-sides, scooters and go carts.

16.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation.

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. The requirements for setbacks in the B2 District shall be the same provided in the B1 District.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Planted and provided as regulated in Sections 42-360 and 42-361.

Off-street parking and loading. Provided as regulated in Sections 42-360 and 42-361.

(3)

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

All business establishments shall be retail or service establishments unless otherwise provided herein.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(3)a of this section;

Amusement establishments within enclosed buildings: Bowling alleys, gymnasiums, swimming pools, skating rinks, handball court, archery lanes, tennis courts and other similar uses;

Animal hospital or veterinary services, provided all kennels are within completely enclosed buildings;

Auction rooms;

Automobile rental;

Automotive repair shops but not body shops;

Bakeries with retail, wholesale and garage facilities;

Boat storage, sales and repairs and uses incidental thereto;

Bus stations;

10.

Exterminating shops;

11.

Furniture refinishing shops;

12.

Hotel;

13.

House and office cleaning service;

14.

Greenhouses, retail sales on-premises;

15.

Golf driving ranges and par three courses;

16.

Lawnmower shops;

17.

Machinery, vehicle and equipment sales all within enclosed buildings;

18.

Cemetery monument sales, including outdoor display of monuments;

19.

Motel;

20.

Motor vehicle sales and automotive equipment sales;

21.

Outdoor cafe/beer garden;

22.

Parking lots and storage garages for motor vehicles;

23.

Railroad passenger stations;

24.

Recreational vehicle sales;

25.

Schools, commercial or trade;

26.

Taverns and cocktail lounges;

27.

Trailer sales;

28.

Truck rental;

29.

Used car lots.

Conditional uses. The following may be allowed in B3 District subject to the provisions of Section 42-272.

Planned unit developments as provided for in Section 42-273 for permitted and conditional uses in the B3 District;

Gasoline service stations in accordance with Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

(v)

Hospitals;

(vi)

Body shops;

(vii)

Welding shops;

(viii)

Wholesale establishments;

Storage and warehousing establishments;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Sheltered workshops;

10.

Private outdoor recreational activity as either the principal or accessory use;

11.

Hatcheries within completely enclosed buildings. No hatchery shall in any manner create or cause any nuisance, including, but not limited to, noise or odor;

12.

Research and development activities;

13.

Miniwarehouses, provided that the following conditions are met:

(i)

All storage materials shall be kept entirely within the buildings. No outdoor storage is permitted;

(ii)

The selection of building materials and design shall be compatible with the character of the surrounding neighborhood;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

Microbreweries with or without on-site food sales;

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

18.

Brewpubs.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements:

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if a common party fire wall is provided;

Rear yard: Ten feet.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(4)

General conditions. Dwelling units are permitted above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

Permitted uses.

Any use permitted in the B3 District.

Adult entertainment or adult oriented establishments. Such adult entertainment or oriented establishment is a permitted use only upon compliance with each and every one of the following conditions:

(i)

(ii)

Conditional uses. The following may be allowed in B4 District subject to the provisions of Section 42-272:

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Feed stores;

Kennels;

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

Body shops;

Welding shops;

Travel trailer parks with recommendation by the Plan Commission and approval by City Council in accordance with the provisions of Section 42-276;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Storage and warehousing establishments;

10.

Wholesale establishments;

11.

Private outdoor recreational activity as either the principal or accessory use;

12.

Research and development activities;

13.

Public utility and public service facilities with accessory outdoor storage within a screened area as approved by the Plan Commission;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel.

18.

Hospitals;

19.

Brewpubs;

20.

Microbreweries with or without on-site food sales;

21.

Sheltered workshops.

Lot area. None.

Lot width. None.

Maximum building heights. None.

Minimum setback requirements. The requirements for setbacks in the B4 District shall be the same as provided in the B2 District.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(5)

General conditions.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

Lodging rooms shall be permitted on the first floor of a hotel or motel;

(ii)

Dwelling units shall be permitted on the first floor subject to the provisions of Section 42-272, conditional uses, and Subsection (5)c.10 of this section as approved by the Plan Commission.

All business and servicing, except off-street parking and loading shall be conducted within completely enclosed buildings.

Except for banks and financial institutions, drive-in establishments dealing directly with consumers are prohibited.

Permitted uses.

Any use permitted in the B2 District, except as specified in Subsection (b)(5)a of this section;

Radio, TV and recording studios;

Outdoor cafe/beer garden;

Taverns and cocktail lounges;

Hotels and motels;

Community living arrangements for 15 or fewer individuals, provided such facility is located no closer than 2,000 feet from an existing community living arrangement.

Conditional uses. The following may be allowed in a B5 District subject to the provisions of Section 42-272:

Drive-in banks or other types of financial institutions;

Auction rooms;

Community living arrangements for more than 15 individuals provided such facility is located no closer than 2,000 feet from an existing community living arrangement;

Research and development activities;

Lodginghouses, roominghouses or boardinghouses located above the first floor;

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

Brewpubs;

Microbreweries with or without food sales;

10.

First floor residential dwelling units, subject to the following restrictions:

(i)

(ii)

Access to residential dwellings may occur along front entryways of buildings adjoining Main and Milwaukee Streets in accordance with the subsections provided herein;

(iii)

(iv)

Clear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;

(v)

Compliance with all other applicable city codes and regulations as may be required to allow for residential occupancy of first floor areas.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B5 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet;

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. None.

Off-street parking and loading. None.

(6)

General conditions. All business, servicing excepting off-street parking and loading shall be conducted within completely enclosed buildings.

Permitted uses.

Any use permitted in the B3 District and/or B5 District;

Publication and newspaper printing.

Conditional uses. The following may be allowed in B6 District subject to the provisions in Section 42-272:

Drive-in establishments;

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

Body and paint shops;

Dams and electrical generating facilities;

Multifamily apartment buildings not less than two stories in height;

Warehouse establishments;

Correctional institutions;

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

Wholesale establishments;

10.

Private outdoor recreational activities as either the principal or accessory use;

11.

Research and development activities;

12.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

13.

14.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

15.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

(iii)

Any development that contains more than one building per site, lot or parcel;

16.

Brewpubs;

17.

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements. None, except as provided below:

If a lot in the B6 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

Green area. Not less than five percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(7)

General conditions.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

No parking is permitted in required setback areas.

Architectural and landscaping requirements including construction shall be in compliance with the physical development standards, Article XI of this chapter.

Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices;

High technology products related to the fields of physics, chemistry and biology;

Laser technology, radiology, x-ray and ultrasound products, manufacturing and assembly;

Medical and dental supplies;

Optical, fiber optical and photographic products and equipment;

Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers;

Scientific and precision instruments and components, including robotics;

Specific products not listed above but similar in intent and character may be permitted as provided in Section 42-357;

10.

Research and development activities and testing laboratories;

11.

Telecommunication centers;

12.

Mail-order establishments;

13.

Printing and publishing;

14.

Data entry or processing;

15.

Computer support or development operations;

16.

Sheltered workshops;

17.

Business technology incubators;

18.

Business and professional offices;

19.

Medical and dental clinics;

20.

Professional or personal services;

21.

Hotel and motels;

22.

Banks and other types of financial institutions;

23.

Hospitals;

24.

Business, commercial or trade schools;

25.

Training centers;

26.

Health clubs;

27.

Restaurants;

28.

Educational and institutional uses (public and philanthropic);

29.

Day care centers (nine or more children);

Conditional uses. The following may be allowed in the BT District subject to the provisions of Section 42-272:

Public utility uses, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges and gas regulator stations.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the BT District.

Private outdoor recreational activities, accessory to listed permitted uses.

Drive-up or drive-through facilities in conjunction with any use permitted within the district.

Banquet facilities and convention centers.

Lot area. One acre.

Lot width. 100 feet.

Minimum setback requirements. The requirements for setbacks in the BT District shall be the same provided in the B1 District.

Maximum building height. None.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. As provided in Sections 42-360 and 42-361.

(Code 1976, § 18.36.040; Ord. No. 2019-763, §§ I, II, 9-9-2019; Ord. No. 2021-816, § I, 5-24-2021; Ord. No. 2024-890, §§ I, II, 5-13-2024; Ord. No. 2025-920, § I, 8-25-2025)

Sec. 42-443. - Industrial districts.

(a)

General requirements. Industrial district regulations are intended to govern the development and use of a full range of industrial establishments.

(1)

(2)

(3)

(4)

Green area.

The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

Redevelopment sites where the ability of providing green area in front of the building is limited; and

The amount of green area provided in front of the building over the minimum requirement.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(5)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjacent property, there shall be at least ten feet of driveway on each parcel.

(6)

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(b)

District requirements.

(1)

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

Permitted uses.

Agriculture;

Any production, processing, assembling, cleaning, servicing, testing;

Building material sales;

Bakery, dairy and other food products;

Bottling or distribution plants, milk or soft drinks;

Cleaning and dyeing establishments;

Contractors' offices and shops;

Parks, playgrounds and open spaces;

Frozen food stores, lockers;

10.

Garages for repair and servicing of motor vehicles including body repair, painting or motor rebuilding;

11.

Greenhouses, wholesale;

12.

Laboratories, research, development and testing;

13.

Machine shops;

14.

Mail order houses;

15.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment;

16.

Metal stamping;

17.

Miniwarehouses;

18.

Monument works including accessory open sale lots;

19.

Parking lots and storage garages;

20.

Plumbing, heating and ventilating;

21.

Printing and publishing;

22.

23.

Storage and warehouse establishments, including wholesaling;

24.

Storage yards, but not including junk or salvage yards.

Conditional uses. The following may be allowed in the M1 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Railroad freight terminals, switching;

Motor freight terminals;

Commercial uses if they are incidental to a permitted use;

Correctional institutions;

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

Day care centers;

10.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

11.

Trade schools;

12.

Recreation facilities (public and private) in enclosed buildings, gymnastics, dance schools, skating rinks, tennis courts, soccer, fitness centers and other similar uses.

13.

Medical office, clinical and treatment facilities for outpatient services.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet or none if a common party fire wall is provided;

Rear yard: 25 feet;

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(2)

General conditions.

Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.

Permitted uses. Any use permitted in M1 District.

Conditional uses. The following may be allowed in M2 District subject to the provisions of Section 42-272:

Industrial planned unit developments;

Airports and heliports and aircraft landing fields;

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

Chemical manufacturer;

Concrete products castings;

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

Motor freight terminals;

Restaurant or commercial uses if they are incidental to a permitted use;

Railroad freight terminals, railroad;

10.

Storage of petroleum products;

11.

Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;

12.

13.

Placement and operation of temporary and portable power generating equipment or facilities not to exceed two years;

14.

Seasonal migrant labor housing, on the same or adjacent site and accessory to the industrial use being served, subject to Section 42-277.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: 25 feet;

Corner side yard: 25 feet;

Side yard: Ten feet or none if common party fire wall provided;

Rear yard: 25 feet;

Green area. Not less than ten percent of the gross lot and shall be permanently set aside, planted and maintained as green area.

Off-street parking and loading: shall be provided as required in Sections 42-360 and 42-361.

(3)

General conditions.

Residential uses are prohibited except for watchman's quarters.

Permitted uses.

Uses permitted in the M1 District.

Uses permitted in the B6 District.

Conditional uses. The following may be allowed in the M3 District subject to the provisions of Section 42-272.

Industrial planned unit developments;

Railroad freight terminals, switching yards, roundhouses;

Motor freight terminals;

Brewpubs;

Microbreweries with or without on-site food sales.

Lot area. None.

Lot width. None.

Maximum building height. None.

Minimum setback requirements.

Front yard: none except as provided below;

Corner side yard, side yard, and rear yard: none except as provided below.

(i)

If a lot in the M3 District is situated adjoining a residence district, the following setback requirements shall apply:

Side yard: eight feet;

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

(ii)

Green area. None.

Off-street parking and loading. shall be provided as required in Sections 42-360 and 42-361.

(4)

Area 2. Beginning at the point where the centerline of East Centerway intersects the centerline of North Main Street; thence southwesterly along the centerline of West Centerway to the centerline of Center Avenue; thence south along the centerline of Center Avenue to the centerline of West Holmes Street; thence west along the centerline of West Holmes Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Johnson Street; thence west along the centerline of Johnson Street to the centerline of the vacated South Terrace Street; thence south along the centerline of vacated South Terrace Street to the centerline of West Racine Street; thence east along the centerline of West Racine Street to the centerline of South Washington Street; thence south along the centerline of South Washington Street to the centerline of Rockport Road; thence west along the centerline of Rockport Road to the centerline of South Pearl Street; thence north along the centerline of South Pearl Street to the centerline of West Court Street; thence east along the centerline of West Court Street to the centerline of North Washington Street; thence north along the centerline of North Washington Street to the centerline of West Wall Street; thence east one-half block along the centerline of West Wall Street to the centerline of an alley lying between North Washington Street and Madison Street from West Wall Street to Laurel Avenue; thence north along centerline of said alley to the centerline of Laurel Avenue; thence northeasterly along the centerline of Laurel Avenue to a point where the east line of Lot 11 in Mitchell's Addition to the City of Janesville if extended in a southeasterly direction would intersect said centerline of Laurel Avenue thence northwesterly along the said southeasterly extension of the east line of said Lot 11 through Lot 13 to a point on the south lot line of Lot 14 in Mitchell's Addition to the City of Janesville, which is 198.72 feet southwesterly of the west line of North Academy Street; thence northeasterly along the south line of Lot 14 to a point 170 feet southwesterly of the westerly line of North Academy Street; thence northwesterly 15 feet parallel to and 170 feet southwesterly from the westerly line of North Academy Street; thence northeasterly along a line 15 feet north of and parallel to the southerly lot line of Lot 14 in said Mitchell's Addition to the centerline of North Academy Street; thence northwesterly along the centerline of North Academy Street to the centerline of Race Street; thence northeasterly along the centerline of Race Street to the centerline of North Franklin Street; thence northwesterly along the centerline of North Franklin Street to the centerline of Ravine Street; thence northeasterly along the centerline of Ravine Street to the centerline of North River Street; thence northwesterly along the centerline of North River Street to the west extension of the centerline of Hyatt Street; thence northeasterly along the centerline of Hyatt Street extended and Hyatt Street to the centerline of North Parker Drive; thence northwesterly along the centerline of North Parker Drive to the centerline of St. Mary's Court; thence west along the centerline of St. Mary's Court to the centerline of North Water Street; thence north along the centerline of North Water Street to the centerline of Sherman Avenue; thence easterly along the centerline of Sherman Avenue to the centerline of North Parker Drive; thence southerly along the centerline of North Parker Drive to the centerline of East Memorial Drive; thence east along the centerline of East Memorial Drive to the centerline of Harding Street; thence south along the centerline of Glen Street; thence southwesterly along the centerline of Glen Street to the centerline of Avon Street; thence southerly and westerly along the centerline of Avon Street to the centerline of North Main Street; thence southeasterly along the centerline of North Main Street to the centerline of East Centerway, which is the point of beginning.

General conditions.

(i)

Residential uses are prohibited except for watchman's quarters.

(ii)

(iii)

Permitted uses.

(i)

Any use permitted in the M1 District.

(ii)

Any use permitted in the B6 District.

Conditional uses. The following may be allowed in the M4 District subject to the provisions of Section 42-272:

(i)

Industrial planned unit developments;

(ii)

Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;

(iii)

Chemical manufacturer;

(iv)

Concrete products castings;

(v)

Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;

(vi)

Motor freight terminals;

(vii)

Railroad freight terminals, railroad;

(viii)

Storage of petroleum products;

(ix)

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Setback requirements.

(i)

Front yard: None except as provided below;

(ii)

Corner side yard, side yard, and rear yard: None except as provided below.

If a lot in the M4 District is situated adjoining a residence district, the following setback requirements shall apply:

(a1)

Side yard: Eight feet;

(a2)

Rear yard: 25 feet.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(Code 1976, § 18.36.050; Ord. No. 2019-769, § III, 10-14-2019; Ord. No. 2020-797, § I, 8-24-2020)

Sec. 42-444. - Special districts.

(a)

(1)

Permitted uses. All buildings, structures and land, and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the special district in which such land, structures, or buildings shall be located.

(2)

(3)

(b)

District requirements.

(1)

Permitted uses.

Raising grain or hay crops for cash sale or for use as feed, provided such feed use is conducted on premises located outside the City;

Forestry, nurseries, orchards, greenhouses and truck farming;

In-season roadside stands, offering for sale only, agricultural products produced on the premises;

Parks, playgrounds and open spaces;

Sewage lift stations, water pumping stations;

Public recreation facilities.

Conditional uses. The following may be allowed in the agriculture district subject to the provisions of Section 42-272:

Single- and two-family dwellings if used in conjunction with a permitted use;

Lot area. Not less than five acres.

Lot width. Average lot width not less than 330 feet.

Minimum setback. Minimum setback requirements for property adjoining the following types of roadways as designated on the official numbering map of the City:

	U.S. and State Highway	County Highway	Local Highway
Front yard	80 feet or 50 feet from access or frontage road, whichever is greater	50 feet	25 feet

Corner side yard: 50 feet.

Side yard: 20 feet.

Rear yard: 50 feet.

(2)

General conditions.

Residences, businesses and industrial uses are prohibited in the Mining District unless otherwise permitted.

All operations shall be conducted in such smoke, particulate matter or noxious gases at the boundaries of such use and where applicable, in accordance with Wisconsin Administration Code, as amended.

Permitted uses.

Mining, loading and hauling of sand, gravel, limerock, topsoil or other aggregate;

Parks, open space and public recreation uses;

Public landfill and waste disposal operations.

Lot area. None.

Lot width. None.

Minimum setback requirements. None.

Green area. None.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(3)

Permitted uses.

Public recreation facilities;

Sewage lift stations and water pumping stations;

Floodplains, greenbelts and waterways;

Fishing and live trapping;

Forestry;

Parks, playgrounds and open spaces.

Conditional uses. The following may be allowed in the conservancy district subject to the provisions of Section 42-272:

Agriculture uses as permitted in the agriculture district;

Dredging, excavating and filling of lands and removal of topsoil within floodplains;

Campgrounds and facilities;

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, telephone transmission buildings, water reservoirs, fire stations, public safety training facilities, dams and electric generating facilities;

Lot area. None.

Lot width. None.

Minimum setback requirements.

Front yard: 50 feet;

Corner side yard: 50 feet;

Side yard: ten feet;

Rear yard: 50 feet.

(Code 1976, § 18.36.060)

Sec. 42-445. - Overlay Supplemental Districts.

(a)

(b)

District requirements.

(1)

General conditions. There shall be no parking other than that of motor vehicles in operable condition. No vehicles waiting to be repaired or serviced or storage of vehicles shall be permitted.

Permitted uses.

Parking of motor vehicles;

Any use permitted in the underlying zoning district.

Conditional uses. None except as provided in the underlying zoning district.

Lot area. None except as provided in the underlying zoning district.

Lot width. None except as provided in the underlying zoning district.

Setback requirements. None except as provided in the underlying zoning district.

Green area or usable open space. None except as provided in the underlying zoning district.

(2)

H Historic Overlay District.

Identify those improvements, sites or neighborhoods which embody elements of the City's architectural, cultural, economic, social and political history;

Safeguard, preserve and enhance those improvements, sites, or neighborhoods containing such heritage with an Historic Overlay District designation;

Stabilize and improve property values and protect and enhance the City's attractiveness and livability to residents, tourists and visitors;

Promote the use of such historic districts for the education and enjoyment of the residents of the City by fostering civic pride in the aesthetic and noble accomplishments of the past;

Janesville Historic Commission.

Powers, duties and responsibilities of the Historic Commission. The Historic Commission shall:

(i)

Make recommendations to the City Council that certain areas be designated as historic districts;

(ii)

Develop an Historic Overlay District plan for each district designated;

(iii)

Establish guidelines and develop criteria for construction, alteration, or demolition of improvements within an Historic Overlay District;

(iv)

Determine an appropriate system of markers for designated historic districts;

(v)

Advise and assist owners, occupants or persons in charge of improvements in an historic district regarding physical and financial aspects of preservation, renovation, rehabilitation and reuse;

(vi)

Review any applications for a certificate of appropriateness and to require the presentation of such plans, drawings, elevations and other information as may be reasonably necessary for such review;

(vii)

Grant or deny a certificate of appropriateness to any applicant;

(viii)

Issue a statement of waiver when required by this section;

(ix)

(x)

Develop and implement rules of procedure for hearings and meetings convened by the Historic Commission;

(xi)

Promote community education, interest and support for the preservation and enhancement of such historic districts.

Designation of Historic Overlay Districts.

The City Council may designate by ordinance individual parcels of land or entire neighborhoods as an Historic Overlay District.

The Historic Commission may select and recommend to the City Council geographically defined areas within the City to be designated as Historic Overlay Districts.

Development of Historic Overlay District plan.

The Historic Commission may establish guidelines and develop criteria for the Historic Overlay District plan, including, but not limited to, the following items:

(i)

The height, gross volume, roof design and architectural details of any new or altered structure;

(ii)

The proportion between a building's width, height, and fenestration;

(iii)

The building masses and the spaces between them;

(iv)

Materials, texture, colors and patterns used in improvement;

(v)

The landscaping;

(vi)

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

The City Plan Commission shall review an Historic District Plan, hold a public hearing, and make a recommendation to the City Council.

The City Council may adopt such Historic Overlay District plan for a designated Historic Overlay District.

Regulation of construction, alteration, and demolition of an improvement.

Certificate of appropriateness.

Criteria for granting or denying certificate of appropriateness.

(i)

In reviewing an application for a certificate of appropriateness, the Historic Commission shall consider the following items:

The appropriateness to the Historic District of the proposed construction, alteration or demolition of an improvement;

Whether such proposed construction, alteration, or demolition of an improvement will further the purposes of this section;

The historical significance of the improvement;

The architectural value;

The unique design, arrangement, texture, material, or color of the building, place or area in question;

The relation of such improvement to other improvements in the immediate area;

The position of such improvement in relation to the street or public way;

The appearance of the proposed construction, alteration, or demolition from the public view;

Such specific design standards as the Historic Commission may recommend and the City Council adopt as an Historic Overlay District plan;

Visual compatibility with related elements of the improvement and with other improvements within the Historic Overlay District.

(ii)

(iii)

Statement of waiver.

If the construction, alteration, or demolition has not commenced within one year after the date of issuance of the statement of waiver, the statement shall expire.

Appeals.

If the Historic Commission denies a certificate of appropriateness, the applicant may appeal such denial to the Plan Commission or to the City Council as provided in this section.

An appeal of a denial of the Historic Commission shall be filed in writing with the Secretary of the Plan Commission within 30 days of the mailing of the notice of denial to the applicant.

(3)

W Well Head Protection Overlay District.

Groundwater protection overlay district means that area described within the water utility's Well Head Protection Plan. A copy of the well head protection plan can be obtained from the water utility.

Time of travel means the determined or estimated time required for a contaminant to move in the saturated zone from a specific point to a well.

Designation of Well Head Protection Districts.

Permitted uses. Subject to the exemptions listed in Subsection (3)(h) of this section, the following are the only permitted uses within the district:

Parks, open space and public recreational facilities, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

Playgrounds.

Wildlife areas.

Non-motorized trails, such as biking, skiing, nature and fitness trails.

Municipally sewered residential development, and other permitted uses in the residence district, free of flammable and combustible liquid underground storage tanks.

(i)

Above ground storage tanks.

(ii)

Asbestos product sales.

(iii)

Automotive service and repair garages, body shops.

(iv)

Blue printing and photocopying services.

(v)

Car washes.

(vi)

Laundromats and diaper services.

(vii)

Dry cleaning.

(viii)

Chemical manufacturing.

(ix)

Gas stations.

(x)

Holding ponds or lagoons.

(xi)

Infiltration ponds.

(xii)

Nurseries, lawn and garden supply stores.

(xiii)

Small engine repair services.

(xiv)

Underground storage tanks.

(xv)

Wells, private, production, injection or other.

(xvi)

Any other use determined by the Planning Director to be similar in nature to the above listed items.

Agricultural uses in accordance with the County Soil Conservation Department's best management practices guidelines.

Conditional uses. None, except as provided in the underlying zoning district.

Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, cemetery or a stormwater retention or detention pond.

Requirements for existing facilities.

Existing facilities and uses that are in compliance with the regulations of the underlying zoning district are considered conforming uses.

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the water utility.

Existing facilities shall replace equipment or expand in a manner that maintains or improves the existing environmental and safety technologies already in existence.

Exemptions and waivers.

Individuals and/or facilities may request the City in writing, to permit additional land uses in the district.

The individual/facility shall reimburse the City for all consultant fees associated with this review at the invoiced amount, plus administrative costs.

Enforcement.

The individual/facility shall be responsible for all costs of cleanup, including all of the following:

(i)

City consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

(ii)

(iii)

The cost of City equipment employed.

(iv)

The cost of mileage reimbursed to City employees attributed to the cleanup.

(v)

Following any such discharge the City may require additional test monitoring and/or bond/securities.

Penalties. Any person who violates any of the provisions of this section shall be subject to penalties provided in Sections 42-332 and 40-32.

(4)

SJO South Jackson Street Overlay District.

Prohibited uses. The following uses are prohibited and ineligible for a conditional use permit within the South Jackson Street Overlay District:

Asphalt and concrete batching or ready-mix plants;

Fertilizer production;

Foundries;

Junkyards and salvage yards;

Animal rendering plants;

Smelting plants;

Tanneries.

(Code 1976, § 18.36.070)