(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.

a.

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.

b.

Permitted uses.

1.

Parking of motor vehicles;

2.

Any use permitted in the underlying zoning district.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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.

a.

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:

1.

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

2.

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

3.

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

4.

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;

5.

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.

b.

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.

c.

Janesville Historic Commission.

1.

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.

2.

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.

d.

Designation of Historic Overlay Districts.

1.

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

2.

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

e.

Development of Historic Overlay District plan.

1.

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.

2.

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.

3.

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

4.

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

f.

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

1.

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.

2.

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.

3.

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.

g.

Certificate of appropriateness.

1.

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.

2.

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.

3.

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:

A.

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

B.

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

C.

The historical significance of the improvement;

D.

The architectural value;

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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.

h.

Statement of waiver.

1.

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.

2.

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.

3.

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.

4.

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.

i.

Appeals.

1.

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.

2.

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.

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.

4.

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.

a.

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.

b.

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.

c.

Designation of Well Head Protection Districts.

1.

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.

d.

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

1.

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

2.

Playgrounds.

3.

Wildlife areas.

4.

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

5.

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

6.

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.

7.

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.

8.

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

e.

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

f.

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.

1.

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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

8.

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.

9.

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.

g.

Requirements for existing facilities.

1.

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

2.

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.

3.

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.

4.

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

5.

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.

h.

Exemptions and waivers.

1.

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

2.

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.

3.

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

4.

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.

i.

Enforcement.

1.

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.

2.

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.

j.

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.

a.

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.

b.

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.

c.

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.

d.

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.

e.

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

1.

Asphalt and concrete batching or ready-mix plants;

2.

Fertilizer production;

3.

Foundries;

4.

Junkyards and salvage yards;

5.

Animal rendering plants;

6.

Smelting plants;

7.

Tanneries.

(Code 1976, § 18.36.070)